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Journal : Rechtenstudent Journal

The Analysis of Murabahah bil Wakalah Agreements Implementation Consistency toward Sharia Financial Institutions in Indonesia Moh. Wahyu Al Waris; Nuzulia Kumala Sari
Rechtenstudent Vol. 4 No. 3 (2023): Rechtenstudent December 2023
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v4i3.295

Abstract

Murabahah bil wakalah is buying and selling using the wakalah system. In this buying and selling system, the seller represents his purchase to the customer, thus the first contract is a wakalah contract after the wakalah contract ends which is marked by the delivery of goods from the customer to the Sharia Financial Institution (LKS), then the institution provides a murabahah contract. The practice of murabahah bil wakalah financing in several LKS, namely at PNM Mekaar Syariah West Aceh Branch, Bank BRI Syariah KCP Majayala, KSPPS Istiqamah Padang Panjang, Bank DKI Head Office, and Bank Mualamalat Indonesia Malang Branch . This research is deemed necessary to formulate how the Murabahah bil wakalah agreement should be applied in financing so as not to violate the rules of muamalah fiqh. Meanwhile, this research method uses a normative juridical research type with a statutory approach and a conceptual approach. The results of this research show that the murabahah financing practices in several LKS above do not meet the pillars and requirements of murabahah as stipulated in Islamic law. So it is doubtful that the sharia value of the contract carried out is formally something that is not fulfilled.
NFTs and Intellectual Property: Addressing Legal Certainty for Consumer Protection Alif Ardiansyah; Nuzulia Kumala Sari
Rechtenstudent Vol. 5 No. 2 (2024): Rechtenstudent August 2024
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v5i2.305

Abstract

This paper aims to provide a view regarding NFT transactions in the future to provide legal certainty, especially for IPR by using normative research methods along with supporting theories to find that in fact NFT transactions in Indonesia are far from legal because they do not meet the rules of NFT transactions where PTSE regulations, especially NFT transactions, do not provide legal guarantees to their owners, one of which is the chain of suppliers, namely Opensea, which is not yet optimal, so there is a need for regulations or crypto exchanges, especially NFTs, which not only provide certainty but the crypto market in Indonesia does not experience scams because in terms of analysis NFTs can be categorized as inherity distinctives or as signs that inherently have distinguishing power, immediately if they get protection through use, because some parties often cheat by taking screenshots, but for parties who make legitimate transactions, they have a differentiating way of gaining access to increasing the digitalization of works has reduced the potential value of copyright scarcity, which has become a significant problem in copyright disputes.