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Analisis Hukum Islam dan Hukum Positif Terhadap Akad Jual Beli Makanan Dengan Tambahan Pajak Nutqi, Prisma Winda; Khasanah, Karimatul
el hisbah Journal of Islamic Economic Law Vol 2 No 1 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i1.708

The Sari Raos Restaurant in the Pekalongan City branch is one of the taxpayer restaurants that is the focus of the author's research, because the tax burden on buyers is not notified at the beginning of the sale and purchase agreement. The purpose of this study is to find out the provisions of positive law and Islamic law on food buying and selling contracts with additional taxes and to analyze food buying and selling contracts with additional taxes at Sari Raos Restaurant Pekalongan City branch. This research includes empirical legal research that uses primary data and secondary data. The data collection techniques were carried out by observation, interviews and documentation. Based on the results of the study, the practice of buying and selling food with additional taxes at the Sari Raos Restaurant in the Pekalongan City branch if viewed from a positive law, the imposition of food taxes is a necessity that has been regulated in Law Number 28 of 2007 concerning General Provisions and Tax Procedures (KUP). ) and strengthened by Regional Regulation Number 2 of 2013 concerning Amendments to the Regional Regulation of Pekalongan City Number 4 of 2011 concerning Restaurant Tax. However, in the regulations there are no specific rules regarding the procedure for collecting it, so in practice in the field, different methods are often found. As for the method used by the Sari Raos Restaurant in the Pekalongan City branch, when viewed from the perspective of positive law in Indonesia, there are no contradictory things. However, if you use the perspective of Islamic law, the existence of a tax imposition that is not notified is possible to contain an element of gharar because the object requirements in the form of a price are not clarified at the beginning of the contract.

Praktik Jual Beli Motor Dengan Sistem Inden di Dealer Yamaha Surya Inti Putra Pekalongan dalam Analisis Teori Ba’i As-Salam Alim, Fikri; Khasanah, Karimatul
el hisbah Journal of Islamic Economic Law Vol 2 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i2.804

This study examines the reasons for the dely in motorcycles delivery and how to analyze the Ba'i As-Salam theory on the practice of buying and selling motorbikes with a pivot system at the Yamaha Surya Inti Putra dealer in Pekalongan. Indent system if in Islamic law can be equated with buying and selling greetings. However, in the motorcycle pivot system that occurs at the Yamaha Surya Inti Putra Pekalongan dealer, the motorcycle is often not in accordance with the agreement promised by the dealer because in general the motorcycle arrives more than the agreed time, when the goods ordered do not match the agreed time. So based on the Ba'i As-Salam theory, it is contrary to one of the legal conditions in buying and selling, where the goods ordered must have clarity when it arrives. This research used field research with a qualitative approach. Research results show that the factor of delay in motorbike delivery, it was caused by production capacity, unit allocation, and certain specifications. The terms of salam that have not been fulfilled by dealers in the practice of buying and selling salam, namely the promised time for delivery of goods because the pivot system does not provide certainty. The reason for the time delay experienced by the Yamaha Surya Inti Pura Pekalongan dealer is included in the category of reasons allowed by sharia because there was no deliberate factor on the part of the dealer.

Kesadaran Hukum Konsumen Muslim Pembeli Ragi Di Pasar Wiradesa Kabupaten Pekalongan terhadap Regulasi Sertifikasi Halal Manasikana, Arina; Khasanah, Karimatul; Rahmawati, Heny
el hisbah Journal of Islamic Economic Law Vol 2 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i2.810

Based on Law No. 33 of 2014 concerning Halal Product Guarantee, all food products in circulation must be halal certified. However, the yeast sold at the Wiradesa Market is not yet halal certified. Interestingly, yeast that has not been certified halal is still in great demand by Muslim consumers. This study aims to determine the legal awareness of Muslim consumers regarding product regulations that must be halal certified and to determine the factors that influence the level of legal awareness of consumers buying yeast in the Wiradesa market. This type of research is field research using a qualitative approach. The results of this study indicate that the legal awareness of Muslim consumers buying yeast in the Wiradesa market is low. Indicators of legal knowledge and understanding are not fulfilled due to public ignorance regarding regulations on halal product certification. The factors that influence the level of legal awareness of Muslim consumers who buy yeast at the Wiradesa Market are educational factors and economic factors.

Asuransi Sebagai Syarat Wajib dalam Jual Beli Barang Elektronik di Tokopedia: Perspektif Maslahah Mursala Khasanah, Karimatul; Azizah, Anna Diyah
el hisbah Journal of Islamic Economic Law Vol 3 No 1 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v3i1.931

Barang elektronik adalah salah satu jenis barang yang banyak diperjualbelikan masyarakat, salah satu cara yang dipakai yaitu melalui online. Namun, jual beli barang elektronik secara online mempunyai risiko yang besar, yaitu risiko kerusakan pada saat pengiriman. Guna mengatasi risiko tersebut, salah satu kebijakan yang dilakukan oleh Tokopedia yaitu mewajibkan adanya asuransi. Padahal dalam Hukum Islam, asuransi tidak termasuk rukun dan syarat jual beli. Penelitian ini membahas tentang hukum adanya asuransi yang menjadi syarat dalam jual beli barang elektronik di Tokopedia. Teori Maslahah Mursalah dijadikan sebagai pisau analisis untuk menjawab persoalan praktis mengenai kasus ini, sehingga ditemukan jawaban yang pasti tentang bagaimana hukumnya terkait perseolan yang diteliti. Metode penelitan menggunakan yuridis empiris dengan pendekatan kualitatif, konseptual dan kasus . Hasil penelitian menunjukkan bahwa adanya syarat asuransi dalam jual beli barang elektronik di Tokopedia tidak bertentangan dengan Hukum ekonomi syariah. Jual beli dengan syarat tersebut diperbolehkan selama rukun dan syaratnya terpenuhi. Menurut analisis maslahah mursalah, kebijakan penetapan asuransi tersebut termasuk maslahah daruriyah (kebutuhan primer).Penelitian ini sebagai rujukan bagi penentu kebijakan terkait dengan permasalahan asuransi syariah dalam konteks masyarakat kontemporer.

Ensuring Legal Protection for Halal Product Consumers in Indonesia’s Marketplaces: Shariah Compliance and Regulatory Gaps Khasanah, Karimatul; Salleh, Mohd Mahyeddin Mohd
Hikmatuna : Journal for Integrative Islamic Studies Vol 11 No 1 (2025): Hikmatuna: Journal for Integrative Islamic Studies, June 2025
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v11i1.10947

This article critically examines the extent to which Indonesia’s leading marketplaces, i.e., Shopee, Tokopedia, and Lazada, uphold legal protections for consumers of halal products. Applying a juridical-empirical approach, the study explores the implementation of Law No. 33 of 2014 on Halal Product Guarantee and Law No. 8 of 1999 on Consumer Protection, focusing on the right to truthful product information and the legal validity of halal claims in digital marketplaces. Findings indicate a persistent regulatory gap between statutory mandates and actual marketplace practices: halal labelling is largely self-declared by sellers and rarely subjected to verification or certification enforcement by platforms. While these platforms comply with general consumer protection standards, they fail to ensure the specific legal obligations concerning halal authenticity as declared partially by the seller. Empirical evidence drawn from platform policies and consumer experiences underscores the urgent need for a more integrated regulatory framework involving government halal authorities, certification bodies, and digital marketplace operators. This study contributes to the broader discourse on digital consumer rights in Muslim-majority contexts and proposes actionable policy recommendations to strengthen halal assurance mechanisms in Indonesia’s digital economy.

The Pursuit of Legal Harmony in the Integration of Sharia Economic Law Compilation, OJK Regulations, and DSN-MUI Fatwas Tarmidzi; Khasanah, Karimatul; Arwani, Agus; Said, Kholil; Ramadhan, Mahendra Utama Cahya
Hikmatuna : Journal for Integrative Islamic Studies Vol 10 No 1 (2024): Hikmatuna: Journal for Integrative Islamic Studies, June 2024
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v10i1.7342

The present study aims to explore the depth of conflict of legal norms between the Sharia Economic Law Compilation (KHES), Financial Authority Services (OJK) regulations, and the National Sharia Board of the Indonesian Ulema Council (DSN-MUI) fatwas, investigate the causes of this normative divergence, and explore harmonization strategies to create legal certainty for Sharia financial institutions in Indonesia. Designed with normative legal research methodology, this study garnered data through literature review and analyzes it using interpretation method. Study findings demonstrate that there are eighteen different norms in the three regulations, with some differences resulting in conflict. The causes of these conflicts vary, including the use of ambiguous terms, adoption of conventional definitions, errors in translation of terms, and inconsistencies in concept development. In addition, the concurrent application of rules, differences in terminology, time gaps in issuance, and overlapping authorities also contribute to disharmony. This research contributes by offering a comprehensive solution, which includes identifying the sources of disharmony, harmonizing concepts and definitions, and applying legal interpretation and construction methods. This approach addresses the discrepancies and create a harmonious normative balance in policy and regulation. The implications of this research are very significant for Sharia financial institutions in Indonesia, as it identifies conflicts of legal norms between KHES, OJK regulations, and DSN-MUI fatwas and explores harmonization strategies

Ensuring Legal Protection for Halal Product Consumers in Indonesia’s Marketplaces: Shariah Compliance and Regulatory Gaps Khasanah, Karimatul; Salleh, Mohd Mahyeddin Mohd
Hikmatuna : Journal for Integrative Islamic Studies Vol 11 No 1 (2025): Hikmatuna: Journal for Integrative Islamic Studies, June 2025
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v11i1.10947

This article critically examines the extent to which Indonesia’s leading marketplaces, i.e., Shopee, Tokopedia, and Lazada, uphold legal protections for consumers of halal products. Applying a juridical-empirical approach, the study explores the implementation of Law No. 33 of 2014 on Halal Product Guarantee and Law No. 8 of 1999 on Consumer Protection, focusing on the right to truthful product information and the legal validity of halal claims in digital marketplaces. Findings indicate a persistent regulatory gap between statutory mandates and actual marketplace practices: halal labelling is largely self-declared by sellers and rarely subjected to verification or certification enforcement by platforms. While these platforms comply with general consumer protection standards, they fail to ensure the specific legal obligations concerning halal authenticity as declared partially by the seller. Empirical evidence drawn from platform policies and consumer experiences underscores the urgent need for a more integrated regulatory framework involving government halal authorities, certification bodies, and digital marketplace operators. This study contributes to the broader discourse on digital consumer rights in Muslim-majority contexts and proposes actionable policy recommendations to strengthen halal assurance mechanisms in Indonesia’s digital economy.

Pertimbangan Hakim dalam Putusan Wanprestasi di Pengadilan Batang Khairunas Muhammad Prihartika; Khasanah, Karimatul
el hisbah Journal of Islamic Economic Law Vol 3 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v3i2.1143

This study aims to analyze the reasons why the Batang Religious Court Judge accepted the default lawsuit case filed by KSPPS Minna Lana Pekalongan and the basis for the Judge's considerations in resolving the default lawsuit case with the usual procedure. This research method uses a juridical-empirical approach with a case study approach and a statutory approach. Both approaches are used to interpret, explore, or gain a deeper understanding. The results of this study indicate that the reason the Batang Religious Court Judge accepted the default lawsuit case filed by KSSPS Minna Lana Pekalongan was based on the suitability of the defendant's residence, namely in Batang Regency. The basis for the Judge's consideration in resolving the default lawsuit with the usual procedure rather than with a simple procedure is because the case contains land rights objects, and the domiciles of the parties are different. So that these 2 things are not categorized or excluded from the provisions of Supreme Court Regulation 4 of 2019 concerning Procedures for Settling Simple Lawsuits, but follow customary customs. This research contributes to the development of the theory and practice of Islamic economic law in the settlement of modern civil disputes, especially in the Religious Court environment. In addition, this research can be an evaluative reference for law enforcement practices in Religious Courts, namely regarding the suitability of judges' considerations to the principles of justice, legal certainty, and benefit.

Studi Kritis Fatwa DSN NO. 15/ DSN-MUI/ IX/ 2000 Tentang Prinsip Distribusi Hasil Usaha Dalam Lembaga Keuangan Syariah Karimatul Khasanah
Jurnal Hukum Islam Vol 16 No 1 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i1.1398

This article explores Fatwa No. 15/DSN-MUI/IX/2000 concerning the Principles of Revenue Sharing in Sharia Financial Institutions, in which according to this fatwa, these institutions can choose two revenue sharing principles, namely: profit sharing and net revenue sharing. Interestingly, the second point of the first general provision in this fatwa asserts that considering the benefits (al-ashlah), the principle of net revenue sharing should be used in the revenue sharing. The words ‘benefit’ and ‘preferably’ have given a great impact on the principle of the net revenue sharing taken into account by the sharia financial institutions nowadays. It can be noticed that there have not been sharia financial institutions that establish the profit sharing in terms of the revenue sharing principles. By employing a critical study toward the revenue sharing theory concerning sharia principles, this study reveals that the net revenue sharing principle did not represent justice to the transacting parties, whereas the profit sharing one demonstrated better justice. Consequently, the fatwa No. 15/DSN-MUI/IX/2000 needs to be reconstructed by eliminating the second point stipulated in the general provision. Few changes in the second point of this fatwa would show a greater effect on the activities and principles determined by the financial institutions in the future.

THE REALITY OF SHARIA BANKING IN INDONESIA; CRITICAL ANALYSIS OF SHARIA ECONOMIC LAW PERSPECTIVE Khasanah, Karimatul; Khikmah, Nurul
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 6 No 2 (2022): Desember 2022
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v6i2.14999

Â This article highlights the criticism directed at Islamic banks where many parties think there is no difference between Islamic banking and conventional banks. This assumption comes from at least three realities, firstly, Islamic bank capital comes from conventional banks, secondly, mudarabah which in its implementation, banks provide non-goods funds, and thirdly, Islamic bank products that use mudarabah in practice are different from the theory of mudarabah in classical fiqh. The perspective of Islamic economic law is appropriate to be used to answer these problems. The type of research used in this paper is normative legal research. The data sources used in this paper are primary data in the form of laws and Islamic legal literature. The type of approach in this paper is a conceptual approach, the concept intended is the theories that exist in Islamic law, specifically the theory of mixing halal and haram, the concept of mudharabah and murabahah according to fiqh. This study uses a qualitative method with a literature review approach (library research). The results of the study conclude that Islamic banking capital originating from conventional banks does not damage the contracts made by Islamic banking. Murabahah and mudarabah contracts which in their application are different from classical fiqh theory are actually forms of contract innovation because they adapt to current needs and as a form of embodiment of the principles that exist in sharia economic law.

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