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All Journal Jurnal Media Hukum Jurnal Ekonomi dan Bisnis Islam Jurnal Hukum dan Peradilan
Mul Irawan, Mul
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Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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Mekanisme Pasar Islami Dalam Konteks Idealita dan Realita (Studi Analisis Pemikiran Al-Ghazali dan Ibnu Taimiyah) Irawan, Mul
Jurnal Ekonomi dan Bisnis Islam Vol 1, No 1 (2015): Januari - Juni 2015
Publisher : Departemen Ekonomi Syariah Fakultas Ekonomi dan Bisnis Universitas Airlangga

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Abstract

This paper discusses the Islamic market mechanism in terms of the thought of Al-Ghazali (1058-1111 AD) and Ibn Taymiyyah (1263-1328 AD). Their thought constitute intellectual treasures were very helpful in finding idealistic notions, as well as to becoming a contemporary Islamic economic thought. Al-Ghazali and Ibn Taymiyyah thoughts in relation to the Islamic market mechanisms has enriched Islamic economics with a wider range for the conceptualization and application. In the context of idealita, Islamic market mechanisms can generate a fair price for producers and consumers, as long as the market mechanisms work perfectly. It became the correction solution-on the realities of the present market mechanisms are still many colored fraud and injustice. Keyword : Islamic market mechanism, idealistic, realistic
POLITIK HUKUM EKONOMI SYARIAH DALAM PERKEMBANGAN LEMBAGA KEUANGAN SYARIAH DI INDONESIA Irawan, Mul
Media Hukum Vol 25, No 1 (2018): JUNE 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Sharia economy has grown rapidly in Indonesia. This indicated by the creasing number of bank and non-bank finansial institution used sharia principles. One way’s to support these development is the sharia law political economy which conducted by the government. The problem who must be examined integrally was the politic role of law in the sharia finansial institutions development and the sharia finansial institutions development itself. The purpose and benefits of this research were to provide an objective picture as well as a recommendation for the strengthening the Islamic politic of law and sharia regulations. This research used normative method, which was a study on regulation, research result, journal, data and other reference, that would be analyzed by qualitative descriptive method. The results of the study found that the politic of laws and regulations of sharia economy have being contributed and established facilities for the development of Islamic finansial institutions in Indonesia. The unity of politic on law and sharia economic regulation has established public trust and provided an opportunities and protection for community, bussiness people, customers and sharia finansial institutions
PENGUATAN KERANGKA HUKUM TERKAIT PENYELESAIAN SENGKETA PASAR MODAL SYARIAH PADA PENGADILAN AGAMA Irawan, Mul
Jurnal Hukum dan Peradilan Vol 5 No 3 (2016)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.5.3.2016.351-370

Abstract

According to the sharia point of view, sharia capital market is muamalah product. Capital market transactions are allowed as long as it does conflict with the terms outlined by sharia. The rapid development of Indonesia sharia capital market results in the increasing number and variety of potential legal problems. It takes two legal efforts in strengthening the legal framework for sharia capital market. First, preventive measures to minimize the legal issues occurrence, such as the establishment of islamic law regulations in order to produce stability and good atmosphere of sharia capital market law enforcement. Second, efforts in sharia capital market mediation which is done through support the religious court as the only judicial institutions having the absolute authority in resolving sharia capital market civil cases. We need to increase the judges and religious courts officials competencies, make guidelines, jurisprudence and the references of sharia capital market dispute resolution in Indonesia.Keywords: legal framework, sharia capital market, civil dispute, religious court
ENFORCEMENT OF JINAYAT LAW FOR NON-MUSLIMS IN ACEH Mahmuddin, Mahmuddin; Mansari, Mansari; Khairuddin, Khairuddin; Oslami, Ahmad Fikri; Irawan, Mul
Jurnal Hukum dan Peradilan Vol 11 No 1 (2022)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.11.1.2022.21-42

Abstract

Law enforcement against non-Muslims who commit violations of jinayat law tends to use the penalties stipulated in the Qanun Hukum Jinayat compared to other criminal statutory provisions. This phenomenon is interesting to study because non-Muslims who commit criminal acts (Jarimah) are given the choice of choosing to use Qanun or other Criminal Law which is regulated outside the Qanun. This study aims to analyze how the enforcement of jinayat law against Jarimah is carried out by non-Muslims, why non-Muslims are more likely to choose jinayat law than the provisions of other criminal laws and regulations outside of the Qanun and which penalties are imposed more dominantly by syar'iyah court judges. The author uses the empirical juridical research method with the aim of describing concrete facts about jinayat law enforcement for non-Muslims. The primary legal materials used are Qanun Hukum Jinayat Qanun Hukum Procedural Jinayat. Secondary legal materials, namely through books, journals and research results. Primary data was obtained through interviews with non-Muslims who had been sentenced according to qanun, judges and Wilayatuh Hisbah (WH). The results showed that enforcement of jinayat law for non-Muslims must first seek approval from the suspect to use qanuns or criminal laws other than qanuns. Then the investigator takes action according to the choice set by the suspect. Non-Muslims tend to choose qanuns due to several factors: first, the punishment is more instantaneous than the KUHP which carries a prison sentence. Second, the people who witnessed the execution of the caning were not all citizens who knew him. The more dominant punishments handed down by judges were ta'zir flogging and actions in the form of revoking their business license.
Co-Authors Khairuddin - Mahmuddin Mahmuddin Mansari, Mansari Oslami, Ahmad Fikri