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All Journal Borneo : Journal of Islamic Studies INTERNATIONAL JOURNAL OF HUMANITIES, SOCIAL SCIENCES AND BUSINESS (INJOSS)
Tehedi Tehedi
Institut Agama Islam Sultan Muhammad Syafiuddin Sambas
Religion Humanities Economics, Econometrics & Finance Social Sciences Other

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PRAKTIK BAGI HASIL TERNAK SAPI PERSPEKTIF HUKUM EKONOMI SYARIAH Tehedi Tehedi; Ervannio Ervannio
Borneo : Journal of Islamic Studies Vol. 1 No. 2 (2021): BORNEO: Journal of Islamic Studies
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (471.466 KB) | DOI: 10.37567/borneo.v1i2.625

Abstract

The implementation of the determination of the profit-sharing ratio in the cooperation contract for the maintenance of cattle in Sebubus Village, Paloh District, indicates that there is no clarity regarding the issue of the contract, rights, obligations of the parties, and profit-sharing. Based on this, it is necessary to study in more depth how the actual practice of cooperative cattle rearing in Sebubus Village, Paloh District is and how the sharia economic law reviews the practice of such cooperation. This study uses a qualitative research type with an empirical normative approach. The results of the study concluded that the implementation of cooperation in raising cattle in Sebubus Village began with an agreement between the two parties verbally to cooperate with cattle where the shahibul mal (capital owner) provided the cows and the mudharib (manager) was responsible for raising the cattle. Provisions on the ratio of profit sharing where the first calf born by the mother cow becomes the full property of the cow keeper. Furthermore, the second calf produced by the mother cow becomes the full share for the owner of the capital, and so on. The perspective of sharia economic law on the practice of cooperation is basically harmonious and the terms of the contract have been fulfilled, but it is necessary to clearly and in detail the rights, obligations, ratios, and the possibility of loss or default by making a written contract.
MODEL PENYELESAIAN SENGKETA EKONOMI SYARIAH DI BADAN ARBITRASE SYARIAH NASIONAL Tehedi Tehedi
Borneo : Journal of Islamic Studies Vol. 3 No. 1 (2022): BORNEO: Journal of Islamic Studies
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (329.083 KB) | DOI: 10.37567/borneo.v3i1.1299

Abstract

The importance of functioning BASYARNAS as a form of non-litigation sharia economic dispute resolution because it has many advantages compared to litigation settlement. Even though there are many advantages, there are still few sharia economic or business actors who use these institutions as an alternative to dispute resolution. This is due to the lack of knowledge and understanding of sharia business actors regarding the forms of settlement at BASYARNAS, so education and literacy are needed for sharia business actors. This study aims to explain the procedure for resolving sharia economic disputes at BASYARNAS. The method used is a qualitative method, a normative juridical approach with a juridical descriptive analysis. The results of this study conclude that the form of sharia economic dispute resolution at BASYARNAS is based on Law no. 49 of 2009 concerning Judicial Power, Law no. 21 of 2008 concerning Islamic Banking, Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, and the 2005 BASYARNAS Procedure Regulations. The settlement procedure begins with a dispute resolution request to BASYARNAS followed by an examination process up to the reading of the decision by a sharia judge or arbiter
ANALYSIS OF THE NATURE OF FINAL AND BINDING DECISIONS OF THE NATIONAL SHARIA ARBITRATION BOARD (BASYARNAS) IN SHARIA ECONOMIC DISPUTES Tehedi Tehedi
INTERNATIONAL JOURNAL OF HUMANITIES, SOCIAL SCIENCES AND BUSINESS (INJOSS) Vol. 2 No. 2 (2023): MAY
Publisher : ADISAM PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/injoss.v2i2.79

Abstract

The national sharia arbitration body (Basyarnas) is a non-litigation sharia economic dispute resolution institution that is considered capable of resolving disputes quickly, fairly and providing a win-win solution for the disputing parties. In addition, the decision is final and binding, meaning that the decision is a final decision that must be obeyed, the decision is binding on the parties to the dispute and there are no legal remedies for appeal, cassation or review as contained in litigation dispute resolution in court. However, at the practical level, the Basyarnas decision can be pursued by legal remedies to cancel the decision by submitting it to the court as also stated in Law Number 30 of 1999 concerning arbitration and alternative dispute resolution in article 70. This raises an indication of legal uncertainty or unclear nature of the final and binding contained in the Basyarnas decision. This study uses a normative juridical approach with a juridical descriptive analysis. This means that the approach taken is by examining the approaches to theories, concepts, studying the laws and regulations concerned with this research or the statutory approach. The results of this study conclude that the decision of the National Sharia Arbitration Board cannot be said to be final and binding because legal remedies can still be made through cancellation of the decision to the Court. The existence of the elements contained in Article 70 of Law Number 30 of 1999 the request for annulment causes uncertainty or unclear meaning of the final and binding nature and is contrary to the basic purpose of law, namely to provide justice, benefit and legal certainty.
Co-Authors Ervannio Ervannio