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All Journal Syariah: Jurnal Hukum dan Pemikiran Jurnal Hadratul Madaniyah Jurnal Pengabdian Al-Ikhlas Al-Adl : Jurnal Hukum Jurnal Kacapuri : Jurnal Keilmuan Teknik Sipil International Journal of Law, Environment, and Natural Resources
Nasrullah Nasrullah
Fakultas Hukum Universitas Islam Kalimantan Muhammad Arsyad Al Banjari Banjarmasin
Humanities Civil Engineering, Building, Construction & Architecture Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Social Sciences

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Journal : Al-Adl : Jurnal Hukum

 1 
ROYALTI PENGGUNAAN MEREK DALAM SISTEM FRANCHISE DI INDONESIA MENURUT HUKUM ISLAM Nasrullah Nasrullah
Al-Adl : Jurnal Hukum Vol 13, No 2 (2021)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v13i2.5075

Abstract

Business practices with the Franchise sistem in Indonesia are growing and developing, so we often encounter them around us. This kind of business sistem was basically started and popularized by westerners who incidentally is a capitalist sistem, so that for the Indonesian people, who are predominantly Muslim, this franchise is certainly a business sistem that must be studied in depth according to sharia, because specifically the use of brands must be charged other than fees other. This research is a normative juridical research with library research method. Sources of legal materials in this study include primary legal materials, namely regulations on Franchise, secondary legal materials, namely references in the form of literature related to the Franchise business, then tertiary legal materials such as Indonesian language dictionaries. From the research, it is known that the Franchise sistem applied in Indonesia is a business format franchise sistem, where a Franchisee obtains the right to market and sell products or services in a specific area or location using the operational and marketing standards of the Franchisor. The law of fee royalty for the use of brands in the franchise business sistem follows the law of syirkah which is allowed as long as the business, product or service is not prohibited by Islamic law.
Accountability of Nazir in the Waqf Legal System of Indonesia Ahmad 'Azam bin Mohd Sharif; Nasrullah Nasrullah; Muhammad Hatta; Hidayatullah Hidayatullah
Al-Adl : Jurnal Hukum Vol 15, No 1 (2023)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v15i1.9800

Abstract

Good waqf management will provide benefits and contribute to developing the people's economy and alleviating poverty. Nazir greatly influences this in his responsibilities as the manager of waqf assets. This study aims to provide an analysis of Nazir's responsibilities as the manager of waqf assets according to the waqf legal system in Indonesia and an overview of how to revitalize Nazir's status, roles and responsibilities in managing waqf in Indonesia. This research is normative legal research with a statutory regulation approach. The results of this research are that according to Waqf law in Indonesia, Nazir's responsibility in carrying out his roles, duties, functions and authority is one of the things that Nazir bears. Mistakes made by Nazir in managing waqf will have an impact on problems of administrative sanctions and even criminal. However, along with the weight of Nazir's responsibility, it has yet to be accompanied by the Indonesian waqf legal system favouring Nazir. One way to revitalize Nazir's status, roles and responsibilities are by revising or reconstructing the Law on Nazir in waqf law in Indonesia to include nazir in one of the pillars of waqf.
MICRO WAQF BANK: IMPLICATIONS FOR WAQF LAW IN INDONESIA Hidayatullah, Hidayatullah; Nasrullah, Nasrullah; Muhammad, Muhammad; Kristiyawan, Ary Chandra
Al-Adl : Jurnal Hukum Vol 17, No 1 (2025)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v17i1.16832

Abstract

The Micro Waqf Bank (BWM) initiative in Indonesia aims to expand financial inclusion for low-income communities, particularly around Islamic boarding schools (pesantren). By providing Sharia-compliant microfinancing, BWM supports micro-entrepreneurs who face barriers in accessing conventional banking services. However, the use of the term “waqf” in BWM's branding raises significant legal implications concerning Indonesia's waqf law. Traditionally, waqf assets are meant to be managed perpetually, with the principal maintained intact and only the benefits utilized. BWM’s rotational fund management system deviates from this concept, causing potential misunderstandings among the public about the legal status of waqf within BWM. This study utilizes a normative legal research method, examining statutes and regulatory frameworks to analyze BWM's compliance with waqf regulations. Key findings highlight that BWM operates under Sharia microfinance regulations but is not recognized as a waqf institution under Law Number 41 of 2004 on Waqf, leading to regulatory overlaps and legal ambiguity. The paper recommends harmonization between the Financial Services Authority (OJK) and the Ministry of Religious Affairs to clarify the regulatory status of BWM, ensuring legal certainty and public understanding of waqf and Sharia-compliant finance.
Co-Authors Abdul Hafiz Sairazi Adhi Surya Ahmad 'Azam bin Mohd Sharif Budi Rahmat Hakim fathurrahman fathurrahman Firzana Utari Hidayatullah Hidayatullah Hidayatullah Hidayatullah Kristiyawan, Ary Chandra Muhammad Aini Muhammad Hatta Muhammad Muhammad Nurul Listiyani Rakhmat Nopliardy Riswandie, Iwan Suci Utami