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All Journal Analisis: Jurnal Studi Keislaman JURNAL ISTINBATH Ahkam: Jurnal Hukum Islam Mazahib Al-Maslahah Justisia Ekonomika Istinbath : Jurnal Hukum
Chamim Tohari
Marmara University Istanbul Turkey
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Justisia Ekonomika

 1 
PENERAPAN KONSEP MUSÂQAH DALAM PENGELOLAAN PERKEBUNAN TIDAK BERBUAH (Studi Kasus Di Desa Prayungan Kecamatan Sumberrejo Kabupaten Bojonegoro) tohari, chamim
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3945

Abstract

Abstract This study discuss about the application of the concept of musâqah in Islamic law to the management of plantations or trees that are not fruitful. What is meant by non-fruiting tree plantations are limited by teak and bamboo trees only. The chosen research location is Prayungan Village, Sumberrejo District, Bojonegoro Regency. Because in the village the practice of plantation cooperation is still practiced by residents. The questions problems that want to discovered its answers in this study include: (1) How is the concept of musâqah in Islamic law? And (2) How does the application of the concept of musâqah in the management of plantations not bear fruit in Prayungan Village, Sumberrejo Subdistrict, Bojonegoro Regency? This research is a field research, therefore, in obtaining data the author uses interviews and direct observation methods at the research location.The results of this study include: (1) Musâqah is a part of muamalah fiqh where in this transaction a garden owner enters into an agreement on the management of his estate with the cultivator of the garden as the person who is obliged to care for, maintain and maintain the garden to produce fruit for harvest, and yield harvest from the garden is divided between the owner and the cultivator in accordance with the conditions stated during the contract. If the garden that is kept in the form of a garden that does not bear fruit, then the provisions for the production are determined based on the contract agreed by the two parties between the owner of the garden and the manager of the garden. (2) When viewed based on Islamic law, the practice of plantation cooperation carried out by Prayungan villagers regarding the maintenance of teak trees and bamboo trees is in line with the concept of musâqah in Islamic law. Keywords: Musâqah, Teak, Bamboo, Wages, Profit Sharing.
PERLINDUNGAN HUKUM PEMBELI HAK ATAS TANAH BERDASARKAN PERJANJIAN PENGIKATAN JUAL BELI SECARA BERTINGKAT OLEH NOTARIS MENURUT PRINSIP-PRINSIP EKONOMI SYARIAH saprutro, troy permata; tohari, chamim
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 2 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i2.6867

Abstract

The agreement of a transaction is a prelimenary agreement before the main agreement (AJB) done in front of the PPAT. PPJB often causes a problem when the right of the land is treated as a commodity by the seller and it is not registered its changes in Agrarian Office. The registration may be done after the right of the land is changed into the lastest buyer.The approach of this research uses the approach of laws and the conceptual approach. The result of the analysis is concluded as the law protection of the latest buyer in accord with Government Regulations No. 24 of 1997 about the land registration, so that the Notary in maing PPJB has an obligation to pay attention to the principles of caution and the risks because of law concerning the document of the buyer.Key words : Agreement of transaction; document of transaction; the right of the land and the building. 
PEMANFAATAN TANAH NON-SERTIFIKASI MENURUT HUKUM PERJANJIAN BARAT & ISLAM (Studi Kasus Rencana Pemanfaatan Tanah oleh PT. Solusi Bangun Indonesia dengan Pemerintah Desa Sawir, Kecamatan Tambakboyo, Kabupaten Tuban) nugraha, ario patra; tohari, chamim
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 5 No 1 (2021)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v5i1.8767

Abstract

This research discusses about the status of land rights whose ownership has been not clear yet, which is the object of cooperation in utilization between the Sawir Village Government and PT Solusi Bangun Indonesia Tbk, according to the laws and principles in force in Indonesia. The problems that will be answered in this study include: (1) What is the status of land rights that are used as objects of utilization between the Sawir Village Government and PT Solusi Bangun Indonesia Tbk? (2) How is the land use cooperation between Sawir Village Government and PT Solusi Bangun Indonesia Tbk according to Western and Islamic Covenant Law? This type of research is a qualitative research, while the approach used is an empirical juridical approach, namely legal research that functions to see the laws that apply in the community. The results of this research are: (1) According to the Sawir Village Government, the land belongs to the Village Government as evidenced by the existence of a field map in the village C book. Meanwhile, according to the Tuban Regency Government, the Tuban Regency National Land Agency, and PT Solusi Bangun Indonesia Tbk, the land ownership is not registered and cannot be claimed as an asset of Sawir Village. According to Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles article 19 paragraph 1, the land cannot be referred to as land belonging to Sawir Village until the certification is completed on behalf of the village. And to get the ownership certificate, the Sawir Village Government must register or submit an application for ownership of the land to the National Land Agency of Tuban Regency. (2) According to the Islamic Covenant Law, the status of the land does not meet the requirements as an object of the agreement. This is because the land has not been legally proven to be owned by the Sawir Village Government. Whereas one of the main requirements for the validity of an agreement is that the object of the agreement must be legally owned by one of the parties who entered into the agreement.Keywords: Utilization, Non-Certified Land, Covenant Law, Customary Rights
Co-Authors nugraha, ario patra saprutro, troy permata