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All Journal Jurnal Jendela Hukum Journal of Shariah Economic Law
Ishar Pulungan
Fakultas syariah IAIN Pontianak
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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PERLINDUNGAN HUKUM BAGI TENAGA KERJA DENGAN STATUS PERJANJIAN KERJA WAKTU TERTENTU (PWKT) BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA Ishar Pulungan
Jurnal Jendela Hukum Vol 10 No 1 (2023): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i1.2442

Abstract

This paper discusses the Legal Protection for workers with the status of a Specific Time ork Agreement according to Law Number 11 of 2020 concerning Job Creation. Certain time work agreements are considered to be a lot of problems between workers and ompanies, especially in terms of contracts that should have switched status from a specific time work agreement (PKWT) to an indefinite time work agreement (PKWTT). So ar, the Specified Time Work Agreement (PKWT) is regulated in Law Number 13 of 2003 concerning Manpower, but with the passing of Law Number 11 of 2020 concerning Job reation, there have been many pros and cons, especially in terms of Specified Time Work Agreements (PKWT). The purpose of this research is to find out about legal protection for aborers with PKWT status based on Law Number 13 of 2003 and law no 11 of 2020. The esearch conducted in this journal uses normative juridical research. The government rgues that the new rules contained in Law Number 11 of 2020 to protect workers' rights also minimize disputes between workers and companies, but from the workers' side, they hink that this new law is oppressive to workers, especially in the specific time work greement (PKWT) section. So far, workers who are bound by a certain time work agreement still have hope to be contracted permanently if they are contracted for more than 3 years by the company, but in the Job Creation Law, workers with a certain time work agreement can be contracted continuously forever.
ANALISIS HUKUM ISLAM PERMAINAN HIGGS DOMINO ISLAND DI KALANGAN MAHASISWA IAIN PONTIANAK Rizka Triandryani; Syahbudi Syahbudi; Ishar Pulungan
Al-Aqad Vol. 4 No. 2 (2024): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v4i2.3403

Abstract

This research aims to find out the factors that encourage the Higgs Domino Island (HDI) game to be popular among IAIN students and to find out the views of Islamic Law related to chip buying and selling transactions. This research uses qualitative research methods with the type of field research and normative sociological approach. The data source uses primary data obtained from interviews with IAIN Pontianak students, while secondary data is obtained from various sources, namely book journals and the internet that are relevant to the focus of the research. Data collection techniques were obtained by conducting observations, interviews, and documentation. Data analysis was conducted through data reduction, data display, and conclusion drawing. Then the data is checked for validity by triangulating sources, triangulating data. This research shows that the practice of buying and selling Higgs Domino Island game chips starts from various social media such as Facebook, WA, and various other applications but buyers and sellers can also trade their chips in a direct way such as fellow friends, buyers easily buy their chips. Buying and selling in the online game Higgs Domino Island is the object that is traded which is not materially handed over in the hand, but the object can be utilized and also transferred. The transaction of buying and selling HDI online game chips Ijab and Qabul is clear. Because it is clear that the seller sells something with awareness, and the buyer also buys something that is sold. However, from the point of view of the terms and conditions, the sale and purchase of chips in HDI online games contains elements of maysir, so it is not in accordance with Islamic Law.
IMPLEMENTASI MUSAQAH DALAM PRAKTEK PENGELOLAAN KEBUN KELAPA SAWIT DI DESA KOREK SUNGAI AMBAWANG KABUPATEN KUBU RAYA Ubay Dillah; Moch Fahmi Riza; Ishar Pulungan
Al-Aqad Vol. 4 No. 2 (2024): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v4i2.3408

Abstract

The purpose of this research is to find out: 1) whether Oil palm plantation management agreements between land owners and land managers in Korek Village; 2) Does the oil palm plantation management agreement in Korek Village fulfil the musaqah provisions in KHES. The data collection method in this research is field or empirical research, this research data collection technique uses observation, interviews and documentation techniques. Data analysis was carried out descriptively through four stages, namely: data collection, data reduction, data presentation and drawing conclusions. The results show that: 1) Regarding capital, the practice of musaqah is carried out by land owners with land managers, the land owner hands over oil palm plants (capital) and the land manager is responsible for the capital handed over by the land owner. The distribution of profits from the musaqah contract practice is expressed verbally, namely by sharing profits of 30% and 70% where the land manager gets 30% while the land owner gets 70% and some share the profits at 40% and 60% of the profits obtained from the musaqah contract practice. the. Based on the data in this research, the working time carried out by the parties varies, some parties determine the working time once every two years by starting a new contract, while others do not use a time limit. 1) Not all articles contained in the Compilation of Sharia Economic Law are applied in the musaqah contract, especially those contained in Article 266 concerning the pillars of musaqah, but there are most of the articles that have been implemented in the practice of managing oil palm plantations in Korek Village, Sungai Ambawang District, Kubu Raya Regency.
PELAKSANAAN PERJANJIAN KEMITRAAN PERKEBUNAN KELAPA SAWIT ANTARA PT PAPA AGROTAMA SAWIT DAN KOPERASI UNIT DESA MUFAKAT JAYA MANDIRI DALAM PERSPEKTIF KOMPILASI HUKUM EKONOMI SYARIAH Fighi Dwi Anggara Yudha; Syahbudi Syahbudi; Ishar Pulungan
Al-Aqad Vol. 5 No. 2 (2025): Al Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Oil palm plantations represent a strategic sector in Indonesia’s economy and play a vital role in enhancing rural communities’ income. This study aims to examine the legal basis, cooperation model, and terms stipulated in the partnership agreement between PT Papa Agrotama Sawit and Koperasi Unit Desa (Village Unit Cooperative) Mufakat Jaya Mandiri, as well as to analyze its compliance with the principles of Sharia economic law outlined in the Compilation of Sharia Economic Law (KHES). The research employs a descriptive qualitative method with a field-based approach. Data were collected through observation, interviews, and documentation. Primary data were obtained from the cooperative’s treasurer, the company’s plantation manager, and cooperative members, while secondary data were drawn from the partnership agreement and the Compilation of Sharia Economic Law (KHES). Data analysis followed an interactive model involving data reduction, data presentation, and conclusion drawing. Data validity was ensured through source and method triangulation. The findings indicate that the partnership was initiated by the local community’s desire to productively manage customary land. The cooperation model adopted is the nucleus–plasma system, with profit sharing allocated at 63.6% for the company and 36.4% for the cooperative. The agreement’s content aligns with the principles of muzara’ah, musaqah, and mukhabarah contracts as stipulated in the KHES. However, a notable weakness remains regarding the cooperative’s legal status, as it has not yet obtained formal legal entity recognition. Therefore, institutional strengthening of the cooperative is essential to ensure the partnership agreement is valid both under Sharia law and positive (national) law.
Co-Authors Fighi Dwi Anggara Yudha Moch Fahmi Riza Rizka Triandryani Syahbudi Syahbudi Ubay Dillah