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Journal : Journal Analytica Islamica

CHARGING CAR RENTAL COSTS DURING POST-ACCIDENT REPAIR PERIOD FROM WAHBAH AZ-ZUHAILI'S PERSPECTIVE (CASE STUDY OF CAR RENTAL COMPANIES IN MEDAN TEMBUNG) Siregar, Afrison Ardanis; Sahliah, Sahliah
Journal Analytica Islamica Vol 14, No 2 (2025): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v14i2.26575

Abstract

This study explores the imposition of car rental fees during post-accident repair periods from the perspective of Wahbah Az-Zuhaili, with a focus on car rental companies operating in Medan Tembung. The primary objective is to examine the risk-sharing arrangements between the renter and the vehicle owner, as well as the consequences arising from accidents involving rented vehicles. The study further analyzes the compatibility of the risk coverage system implemented by rental companies with the principles of the ijarah ‘ala al-manfa'ah contract, as interpreted by Wahbah Az-Zuhaili. A qualitative research method with a normative-empirical analysis approach was employed. The findings reveal that rental companies, specifically Zahri Rental, place full liability on renters for vehicle damages even when not caused by renter negligence. Renters are also required to pay additional rental fees while the vehicle is under insurance repair, despite having already covered the insurance claim. This policy is driven by the substantial financial losses incurred by Zahri Rental due to idle vehicles that cannot be rented out during repairs. Although intended to mitigate company losses, this practice does not fully align with the principles of ijarah ‘ala al-manfa'ah, which emphasize a balanced benefit between the renter and the rental owner.
LEGAL REVIEW OF THE RIGHTS OF ONLINE MOTORCYCLE JEK DRIVERS TO HOLIDAY BONUSES IN EMPLOYMENT RELATIONS BASED ON CIRCULAR LETTER OF THE MINISTER OF MANPOWER NO. M/3//HK.04.III/2025 Simamora, Kamaluddin; Sahliah, Sahliah
Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v15i1.28617

Abstract

The rapid expansion of application-based transportation has transformed employment relations in Indonesia, particularly in the digital partnership model between platform companies and online motorcycle taxi drivers. Unlike formal workers, online drivers are categorized as partners, thereby excluding them from structural entitlements such as religious holiday allowances (THR) under Minister of Manpower Regulation No. 6 of 2016. In 2025, the government issued Circular Letter of the Minister of Manpower No. M/3/HK.04.00/III/2025 encouraging platform companies to provide a religious holiday bonus equivalent to 20% of drivers’ average annual net income. This study aims to analyze the juridical status of the holiday bonus within Indonesia’s labor law framework and to examine its implementation and fairness in Medan City. Employing a normative-empirical method with a qualitative approach, this research integrates regulatory analysis, doctrinal legal review, and field interviews with online motorcycle taxi drivers. The findings indicate that the partnership status limits drivers’ formal labor rights; however, the ministerial circular represents an initial state intervention toward enhancing protection for workers in the digital informal sector. Empirical data reveal inconsistencies in implementation, lack of transparency, and disparities in bonus distribution, leading to perceptions of distributive injustice. The study contributes to labor law discourse by highlighting the need for clearer regulatory frameworks governing digital platform workers and strengthening legal protection mechanisms in Indonesia’s evolving gig economy.
LIABILITY FOR DAMAGE IN IPHONE LEASING AGREEMENTS FROM THE PERSPECTIVE OF THE COMPILATION OF SHARIA ECONOMIC LAW: A CASE STUDY IN MEDAN JOHOR Livia, Dea; Sahliah, Sahliah
Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v15i1.28566

Abstract

This study examines liability for damage in iPhone rental practices in Medan Johor based on the Compilation of Sharia Economic Law (KHES). The phenomenon of iPhone rental is growing among young people, creative workers, and business people due to lifestyle and work needs. However, this practice often gives rise to disputes, especially when damage occurs to the rented item. This study aims to analyze the practice of iPhone rental in Medan Johor and examine the division of liability for damage to rented items based on the provisions of the KHES. The research method used is empirical juridical with a field study approach and literature review. Data were collected through interviews, observations, and documentation to obtain an empirical picture supported by normative analysis. The results show that according to the KHES, the lessee is responsible for damage caused by negligence, carelessness, or misuse, while damage arising from inherent defects, technical factors, or factors beyond the control of the lessee is the responsibility of the lessor. The case analysis shows differences in liability according to the cause of the damage, making it important for the parties to draft a detailed agreement. This research emphasizes the urgency of implementing the principles of justice, transparency, and good faith in ijarah contracts, especially for high-value modern electronic goods such as iPhones, so that legal certainty and protection for both parties can be guaranteed.