Article Per Year (5 Year)
p-Index From 2021 - 2026
0.659
P-Index
This Author published in this journals
All Journal Al-Mashrafiyah : Jurnal Ekonomi, Keuangan, dan Perbankan Syariah Asy-Syariah
Nury Khoiril Jamil
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Keabsahan Perjanjian Akibat Negative Confirmation Konsumen E-Commerce Perspektif Asas Al-Ridha Nury Khoiril Jamil; Nisa Masitho; Agustine Rossa Diah Utari
Asy-Syari’ah : Jurnal Hukum Islam Vol. 10 No. 1 (2024): Asy-Syari'ah: Jurnal Hukum Islam, Januari 2024
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v10i1.1471

Abstract

Transactions carried out via digital platforms have become unavoidable with the various features that are available and make it easier. However, on the one hand, if we look at the law of engagement, the majority of e-commerce platform providers apply standard contracts in carrying out transactions. Even though e-commerce provides effective facilities for complaints, returns and in-store inspections, it does not have a big impact on consumers, especially for transactions with small amounts. It is interesting to examine whether a negative assessment (negative confirmation) of the receipt of goods can still be said to be an agreement or the reason for the invalidation of the agreement from the perspective of the principle of al-ridha which is a fundamental principle in Islamic contract law. The method in this research uses normative juridical, this research approach uses legislation and conceptual. The results and recommendations of this research show that the principle of pacta sunt servanda in Indonesia is implemented strictly and cannot be intervened by anyone as long as it fulfills legal requirements and does not violate statutory regulations so that it meets legal certainty, but on the side of justice, especially in the perspective of the principle of al-ridha, It is necessary to take a substantive approach in assessing contracts, the validity and legal certainty of contracts is indeed necessary, but what is more important is the proportional value of justice.
Principle of Justice in Compensation for Disputes Due to Breach of Murabahah Contract Nury Khoiril Jamil; Dyah Ochtorina Susanti; Rahmadi Indra Tektona
Al-Mashrafiyah (Jurnal Ekonomi, Keuangan dan Perbankan Syariah) Vol 9 No 2 (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Contract default often occurs, as a result the creditor demands compensation from the debtor through the religious court instrument, the murabahah contract as a sharia contract which in fact implements sharia principles has fundamental differences related to compensation. The difference lies in the calculation of compensation only taking into account the original losses suffered and not the loss of future profits. The study focuses on two legal issues, namely the characteristics of compensation and the suitability of the application of compensation cases with the principle of justice in murabahah contract default disputes. This study is a normative legal study with a statutory, conceptual and case approach. The results show that sharia principle compensation has special characteristics, namely the value of compensation is calculated from real losses and does not depend on total future profits. In several cases of this study, the mandated sharia principles often do not become the legal basis for judges in deciding cases of compensation for default so that the principle of justice is not achieved.
Co-Authors Achmad Hasan Basri Agustine Rossa Diah Utari Dyah Ochtorina Susanti Nisa Masitho Rahmadi Indra Tektona Urmawan Sutopo