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Wanprestasi dalam Perjanjian Jual Beli Reyeng dengan Akad Istishna’ : (Studi di Desa Pringsurat Kecamatan Kajen Kabupaten Pekalongan) Anggi Vira Agati; Mohammad Fateh; 'Alamul Yaqin; Muhammad Hamam
el hisbah: Journal of Islamic Economic Law Vol. 2 No. 2 (2022)
Publisher : Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/el_hisbah.v2i2.6690

Abstract

The problem that often occurs in the sale and purchase agreement of reyeng in Pringsurat Village, Kajen District, Pekalongan Regency, is in the implementation of the agreement or contract, the seller and buyer agree to make transactions with payments made in advance, but in practice there is a default or broken promise in the form of late delivery of the goods. ordered by the buyer. So, there are two problems that become the main study in this study, namely: first, why does default occur in the sale and purchase agreement of reyeng; second, what are the legal consequences of default in the sale and purchase agreement of reyeng. Type of Research This is a field research using a legal sociology approach. Sources of data consist of primary and secondary data, primary data obtained by observation and interview techniques with the seller and buyer reyeng. while secondary data were obtained from other sources such as books, journal articles, theses, research results and other relevant documents that will be discussed by the author as a supporter. The results showed that the implementation of the istishna contract in buying and selling reyeng was in accordance with the pillars and terms of istishna, however, there were cases of default caused by negligence on the part of the seller. consequences arising from the existence of default in the sale and purchase agreement reyeng, namely the cancellation of the contract, payment of fines and compensation.
LEGAL DYNAMICS RELATED TO HOTEL BUSINESS STANDARDIZATION IN THE HALAL TOURISM INDUSTRY IN INDONESIA Mohammad Fateh; Heris Suhendar; Rifdah Nabilatuzain
Likuid Jurnal Ekonomi Industri Halal Vol. 6 No. 2 (2026): LIKUID: Jurnal Ekonomi Industri Halal
Publisher : Sharia Economics Study Program Faculty of Islamic Economics and Business UIN Sunan Gunun

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Abstract

This study aims to analyze the dynamics of hotel business standardization regulations in the halal tourism industry in Indonesia, examine their legal implications, and formulate a more adaptive and sustainable regulatory model. This study uses a normative juridical method with a statutory regulatory approach and a conceptual approach analyzed qualitatively through descriptive-analytical and prescriptive methods. The results indicate a transformation in the regulatory paradigm from a Sharia-compliant regulatory model to a market-oriented service-based model, characterized by a shift in terminology from Sharia tourism, halal tourism, to Muslim-friendly tourism. This transformation has resulted in a weakening of the binding power of norms (regulatory dilution) and the emergence of an imbalance between economic interests, religious values, and legal certainty (regulatory imbalance). In this context, this study proposes a hybrid regulatory model as a new formulation that integrates compliance-based and service-based approaches. This model places Sharia principles as the normative foundation while providing flexibility for business actors in responding to the dynamics of the halal tourism industry. Thus, this research provides a conceptual contribution to the development of halal tourism law, particularly in formulating a hotel business standardization model that is able to maintain a balance between industrial competitiveness and the integrity of sharia values.