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All Journal Jurnal Media Hukum Recital Review Media of Law and Sharia Recital Review
Danang Wahyu Muhammad, Danang
Universitas Muhammadiyah Yogyakarta
Humanities Law, Crime, Criminology & Criminal Justice

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KONSEP PENGATURAN PENJAMINAN SIMPANAN NASABAH PADA BANK SYARIAH Wahyu Muhammad, Danang; Yuni Lestari, Ahdiana
Jurnal Media Hukum Vol 22, No 2 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0061.274-293

Abstract

Fund Guarantor Institution (LGI) does not yet have Syariah scheme as a distinguishing feature of Sharia-based society fund guarantee. Meanwhile, the existing Government Regulation, that is PP No. 39 Year 2005 about Bank Customer Fund Guarantee based on Sharia Principles, is very simple so that it is not sufficient and does not cover Islamic Banks. Based on the background, the problem formulation in this research is “What is the concept of customer fund guarantee regulation like in Islamic Banks?” The objective of this research is to make a concept about customer fund guarantee regulation in Islamic Banks.The type of this research is juridical normative that is doctrinal, with law and conceptual approach method. As a doctrinal law research, this research will only review legal materials; primary legal materials, secondary legal materials, and non-legal materials. The analysis of this research uses prescriptive method.The conclusion of the research is that in Banking Operation Principles in Indonesia there are two types of banks; conventional and Islamic bank, where both types use different systems. As a consequence, in principle, the institution that guarantees the customer fund should be distinguished. This is based on some considerations :Islamic Banks proscribes bank interest, because of that they do not use bank interest mechanism in its operation, therefore the institution that guarantees its customer fund should not use bank interest mechanism.In its operational systems, Islamic Banks use covenants that have been determined according to Islamic Fiqh, so the institution that guarantees its customer fund should base its operation system to the covenant that is based on Islamic Fiqh. Islamic Banks are limited by what may be done and what may not be done based on Islamic Fiqh, determination, so the institution that guarantees its customer fund should base its operational on the same determination.Therefore, there will be a consistency between Islamic Banks and the institution that guarantees its customer fund in Islamic Banks which at the end will guarantee protection towards the customers who are willing to perform Islamic religious duty in a good and correct way.
KAJIAN TERHADAP AKAD MURABAHAH DENGAN KUASA MEMBELI DALAM PRAKTEK BANK SYARIAH Wahyu Muhammad, Danang; Vivin Setyoningsih, Erika
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0105.93-101

Abstract

Murabahah is a buying and selling contract between two parties in which the first party, the seller (bai’) has an obligation to sell goods needed by customers. The second party is the buyer (musytari). This party is obliged to pay the goods purchased. In murabahah, the first party or the seller (bai’) informs the customers about the cost of goods sold along with the agreed profit. Murabahah is commonly used in Islamic bank financing practices especially murabahah with buying authority. In this practice, akad (contract) murabahah and authorization contract are merged in one contract. This means that the seller will automatically become the party who gives authorization and the buyer becomes the party who receives authorization. The problem of the research is how the murabahah contract with buying authority is applied in Islamic bank financing which accords with Islamic principles. The type of the research is juridical normative by using legal approach. This research used primary, secondary, and tertiary legal materials as the main source. The analysis method used was descriptive method. The research result indicates that the merging of both murabahah contract and buying authority contract are approved to be correct according to Islamic principles. However, it must be conducted carefully since there has to be clear differentiator between when the murabahah contract and when authorization contract take place. Other than that, there has to be clear from several parties between the rights and obligations of the parties involved in murabahah contract and buying authority. In the financing practice with buying authority, banks are the seller when murabahah contract takes place and customers are the buyers. Meanwhile, in buying authority contract, banks are the principals and customers are the agents. Murabahah contract is conducted after buying authority contract takes place.
KAJIAN TERHADAP AKAD MURABAHAH DENGAN KUASA MEMBELI DALAM PRAKTEK BANK SYARIAH Wahyu Muhammad, Danang; Vivin Setyoningsih, Erika
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0105.93-101

Abstract

Murabahah is a buying and selling contract between two parties in which the first party, the seller (bai’) has an obligation to sell goods needed by customers. The second party is the buyer (musytari). This party is obliged to pay the goods purchased. In murabahah, the first party or the seller (bai’) informs the customers about the cost of goods sold along with the agreed profit. Murabahah is commonly used in Islamic bank financing practices especially murabahah with buying authority. In this practice, akad (contract) murabahah and authorization contract are merged in one contract. This means that the seller will automatically become the party who gives authorization and the buyer becomes the party who receives authorization. The problem of the research is how the murabahah contract with buying authority is applied in Islamic bank financing which accords with Islamic principles. The type of the research is juridical normative by using legal approach. This research used primary, secondary, and tertiary legal materials as the main source. The analysis method used was descriptive method. The research result indicates that the merging of both murabahah contract and buying authority contract are approved to be correct according to Islamic principles. However, it must be conducted carefully since there has to be clear differentiator between when the murabahah contract and when authorization contract take place. Other than that, there has to be clear from several parties between the rights and obligations of the parties involved in murabahah contract and buying authority. In the financing practice with buying authority, banks are the seller when murabahah contract takes place and customers are the buyers. Meanwhile, in buying authority contract, banks are the principals and customers are the agents. Murabahah contract is conducted after buying authority contract takes place.
Evaluasi Normatif Pembagian Sisa Hasil Usaha pada Koperasi Syariah: Perspektif Filsafat Hukum Utilitarianisme Isniyati, Qodriyah; Wahyu Muhammad, Danang
Media of Law and Sharia Vol. 7 No. 1: April 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i1.491

Abstract

This study aims to analyze the distribution of Net Surplus in Islamic cooperatives from a utilitarianism perspective, particularly in relation to achieving the greatest benefit for all members through the allocation of SHU. The establishment and operation of Islamic cooperatives in Indonesia are legally grounded in Law No. 25 of 1992 on Cooperatives and Minister of Cooperatives and SMEs Regulation No. 08 of 2023 on the Implementation of Savings, Loan, and Sharia Financing Activities by Cooperatives. Within the Islamic economic framework, cooperative activities are guided by the principle of maslahah (public welfare), which emphasizes the achievement of collective prosperity and the fulfillment of members’ fundamental needs. The distribution of Net Surplus is carried out proportionally based on members’ participation and business contributions within the cooperative. From a utilitarian perspective, this mechanism aims to maximize collective welfare by ensuring that the benefits generated from cooperative activities are distributed fairly among members. This study employs a juridical–philosophical method through the analysis of utilitarian legal philosophy and a conceptual approach to public interest. The novelty of this research lies in examining the rationale of Net Surplus distribution through utilitarian reasoning within the framework of Islamic cooperative principles. The findings indicate that Islamic cooperatives implement a form of rule utilitarianism by prioritizing members’ welfare in SHU distribution, while simultaneously upholding the principles of justice, legal certainty, and the protection of members’ rights.
Perlindungan Hukum Terhadap Konsumen dalam Pengiriman Hewan Peliharaan Melalui Perusahaan Ekspedisi Shinta Ayu Pratiwi, Dwi; Wahyu Muhammad, Danang
Recital Review Vol. 8 No. 1 (2026): Volume 8 Nomor 1 Januari 2026
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v8i1.49342

Abstract

This study examines the legal responsibility of expedition companies for the safety of pets during delivery using the services of PT Kereta Api Logistik (KALOG). The research discusses the compliance of KALOG’s transport procedures with existing regulations and the company’s liability for pet deaths during shipment. The study employs a normative and empirical legal method with a descriptive qualitative analysis. The findings show that although KALOG’s procedures follow legal provisions, negligence still occurs, causing consumer losses, as in the case of three Saint Bernard dogs’ deaths due to improper packaging. Based on Law No. 23 of 2007 and Article 1365 of the Civil Code, the expedition company is obliged to provide compensation for damage or animal death as part of its absolute liability in transportation.
Perlindungan Hukum Terhadap Konsumen dalam Pengiriman Hewan Peliharaan Melalui Perusahaan Ekspedisi Shinta Ayu Pratiwi, Dwi; Wahyu Muhammad, Danang
Recital Review Vol. 8 No. 1 (2026): Volume 8 Nomor 1 Januari 2026
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v8i1.49342

Abstract

This study examines the legal responsibility of expedition companies for the safety of pets during delivery using the services of PT Kereta Api Logistik (KALOG). The research discusses the compliance of KALOG’s transport procedures with existing regulations and the company’s liability for pet deaths during shipment. The study employs a normative and empirical legal method with a descriptive qualitative analysis. The findings show that although KALOG’s procedures follow legal provisions, negligence still occurs, causing consumer losses, as in the case of three Saint Bernard dogs’ deaths due to improper packaging. Based on Law No. 23 of 2007 and Article 1365 of the Civil Code, the expedition company is obliged to provide compensation for damage or animal death as part of its absolute liability in transportation.
Co-Authors Ahdiana Yuni Lestari Isniyati, Qodriyah Shinta Ayu Pratiwi, Dwi Vivin Setyoningsih, Erika