Articles
<![CDATA[COOPERATIVE MEMBER SAVINGS GUARANTEE AS A FORM OF LEGAL PROTECTION IN THE MAṢLAḤAH PERSPECTIVE ]]>
<![CDATA[Mursid, Fadillah]]>;
<![CDATA[Atoillah, Mohamad Anton]]>;
<![CDATA[Nurhisam, Luqman]]>
<![CDATA[ Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 8, No 2 (2023) ]]>
Publisher : <![CDATA[IAIN Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/jm.v8i2.14193
<![CDATA[AbstractThis research discusses the guarantee of cooperative member deposits. This research has a background that in recent times, there have been many cases of problematic cooperatives in Indonesia, with material losses of members reaching trillions. This research study examines how the guarantee of cooperative members' deposits is a form of legal protection from Maṣlaḥah 's perspective. The research method used is qualitative, normative research with analytical descriptive specifications; the legal materials used are primary legal materials (related legal rules) and secondary (various literature and research results. The results of this study indicate that currently, in Indonesia, no regulation provides explicitly a legal basis for the certainty of guaranteeing deposits of cooperative members. So, for the benefit of the government, laws related to deposit guarantees for cooperatives must be issued as a form of legal protection through the fulfilment of citizens' rights. One of the guarantee models that can be used is an explicit guarantee model with restrictions on the guarantee amount. Keywords: Savings Guarantee; Cooperative; Maṣlaḥah.]]>
<![CDATA[YURIDICAL ANALYSIS SYUF`AH RIGHTS IN LAND SALE AND PURCHASE TRANSACTIONS (Case Study In Darussalam District) ]]>
<![CDATA[Nurhisam, Luqman]]>;
<![CDATA[Abdullah, Arifin]]>;
<![CDATA[Fauzan, Faisal]]>;
<![CDATA[Nurdianti, Nurdianti]]>
<![CDATA[ Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 2 (2023) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Ar-Raniry ]]>
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DOI: 10.22373/dusturiyah.v13i2.20466
<![CDATA[Land buying and selling transactions are closely related to people's lives which are a benchmark for whether or not the public understands land buying and selling transactions as regulated in Islamic law and Indonesian positive law. Disobedience in carrying out land sale and purchase transactions can lead to disputes which result in disputes in the future in society. Land buying and selling transactions that occur in the Darussalam sub-district community are the object of research conducted to see how the process of buying and selling land occurs whether there is an application of syuf`ah rights according to the provisions in fiqh muamalah and Islamic law. In this study, the main focus of the research is how the practice of buying and selling land in Darussalam sub-district, how is the existence of the application of syuf`ah rights that occur in society and how is the juridical analysis of syuf`ah rights in buying and selling land. The method used in this study is the method qualitative and sociological juridical with the type of field research (field research) and library research (library research). Research data were analyzed by means of descriptive analysis. Based on the analysis, it shows that land buying and selling transactions are in accordance with the applicable land sale provisions, in practice the community enforces syuf`ah activities in the process and becomes a necessity in land buying and selling transaction activities, but there are still those who do not carry them out due to a lack of understanding of syuf'ah rights . In this study, it was found that not all local people know the mention of syuf`ah rights in their daily lives, mention of syuf`ah rights in general is often referred to as "neighboring rights". The implementation of neighbor rights is still being used and continues to grow in society.Keywords: Islamic Law, Fiqh Muamalah, Syuf`ah Rights, Land Management, Land Purchase Transactions]]>
<![CDATA[SIMPLE LAWSUIT IN SHARIA ECONOMIC DISPUTES. A CASE STUDY OF DECISION NUMBER 1/PDT.G.S/2019/PA.KDS ]]>
<![CDATA[Nurhisam, Luqman]]>;
<![CDATA[Eriyanti, Nahara]]>
<![CDATA[ Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 2 (2024): JURNAL DUSTURIAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Ar-Raniry ]]>
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DOI: 10.22373/dusturiyah.v14i2.25842
<![CDATA[As the activities of the Sharia economy develop, the number of Sharia economic dispute cases submitted to the Religious Court has increased. One of the cases decided by the Kudus Religious Court is the Breach of Contract Lawsuit with Decision Number 1/P.dt.G.S/2019/PA.Kds. The Supreme Court issued Regulation Number 14 of 2016 concerning Procedures for the Settlement of Sharia Economic Disputes, which includes simple lawsuits and ordinary lawsuits. Simple lawsuits are further regulated in Supreme Court Regulation Number 2 of 2015, which was later amended to Supreme Court Regulation Number 4 of 2019 concerning Procedures for the Settlement of Simple Lawsuits. This regulation aims to ensure that the resolution of Sharia economic disputes is simpler, faster, and less costly. This research aims to analyze the process and mechanism for resolving simple Sharia economic dispute lawsuits at the Kudus Religious Court, examine the judges' considerations in deciding Sharia economic dispute cases, and identify challenges in resolving Sharia economic disputes. The type of research used is field research with a qualitative approach, utilizing primary, secondary, and tertiary data. The results of the study show that the process and considerations of the judges in Decision Number 1/P.dt.G.S/2019/PA.Kds are in accordance with applicable regulations. However, the resolution of the case takes quite a long time. Therefore, judges in the Religious Courts are required to have competence in Sharia economic law to handle cases more effectively and efficiently.]]>
<![CDATA[Implementasi Teknologi Kecerdasan Buatan dalam Operasional Lembaga Keuangan Syariah ]]>
<![CDATA[Azza Naufi Tiam Martha Putri]]>;
<![CDATA[Nurhisam, Luqman]]>
<![CDATA[ At-Tasharruf "Jurnal Kajian Ekonomi dan Bisnis Syariah" Vol. 7 No. 1 (2025): At-Tasharruf ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Jember ]]>
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<![CDATA[This study examines how the application of Artificial Intelligence (AI) Technology aims to improve the operations of Islamic Financial Institutions along with the development of financial product innovation in technological advances in the era of disruption. In addition, the need for fast and accurate services and increasingly tight competition in the financial industry. The focus of this study is to analyze how Artificial Intelligence (AI) Technology can support the operations of Islamic Financial Institutions in improving operational efficiency and financial risk management. The research method uses normative juridical research, which is a legal research method by examining relevant literature or secondary materials in the research. The results of the study show that the use of Artificial Intelligence (AI) Technology can accelerate the operational process of Islamic Financial Institutions in financial transactions, improve the quality of financial services and reduce the risk of loss (risk management) through better data management and analysis. In its operations, Islamic Financial Institutions are required to comply with the rules set by the Financial Services Authority (OJK) and the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) to be in line with sharia principles (Sharia Compliance).]]>
<![CDATA[YURIDICAL ANALYSIS SYUF`AH RIGHTS IN LAND SALE AND PURCHASE TRANSACTIONS (Case Study In Darussalam District) ]]>
<![CDATA[Nurhisam, Luqman]]>;
<![CDATA[Abdullah, Arifin]]>;
<![CDATA[Fauzan, Faisal]]>;
<![CDATA[Nurdianti, Nurdianti]]>
<![CDATA[ Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 13 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Ar-Raniry ]]>
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DOI: 10.22373/dusturiyah.v13i2.20466
<![CDATA[Land buying and selling transactions are closely related to people's lives which are a benchmark for whether or not the public understands land buying and selling transactions as regulated in Islamic law and Indonesian positive law. Disobedience in carrying out land sale and purchase transactions can lead to disputes which result in disputes in the future in society. Land buying and selling transactions that occur in the Darussalam sub-district community are the object of research conducted to see how the process of buying and selling land occurs whether there is an application of syuf`ah rights according to the provisions in fiqh muamalah and Islamic law. In this study, the main focus of the research is how the practice of buying and selling land in Darussalam sub-district, how is the existence of the application of syuf`ah rights that occur in society and how is the juridical analysis of syuf`ah rights in buying and selling land. The method used in this study is the method qualitative and sociological juridical with the type of field research (field research) and library research (library research). Research data were analyzed by means of descriptive analysis. Based on the analysis, it shows that land buying and selling transactions are in accordance with the applicable land sale provisions, in practice the community enforces syuf`ah activities in the process and becomes a necessity in land buying and selling transaction activities, but there are still those who do not carry them out due to a lack of understanding of syuf'ah rights . In this study, it was found that not all local people know the mention of syuf`ah rights in their daily lives, mention of syuf`ah rights in general is often referred to as "neighboring rights". The implementation of neighbor rights is still being used and continues to grow in society.Keywords: Islamic Law, Fiqh Muamalah, Syuf`ah Rights, Land Management, Land Purchase Transactions]]>
<![CDATA[SIMPLE LAWSUIT IN SHARIA ECONOMIC DISPUTES. A CASE STUDY OF DECISION NUMBER 1/PDT.G.S/2019/PA.KDS ]]>
<![CDATA[Nurhisam, Luqman]]>;
<![CDATA[Eriyanti, Nahara]]>
<![CDATA[ Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 14 No. 2 (2024): JURNAL DUSTURIAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Ar-Raniry ]]>
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DOI: 10.22373/dusturiyah.v14i2.25842
<![CDATA[As the activities of the Sharia economy develop, the number of Sharia economic dispute cases submitted to the Religious Court has increased. One of the cases decided by the Kudus Religious Court is the Breach of Contract Lawsuit with Decision Number 1/P.dt.G.S/2019/PA.Kds. The Supreme Court issued Regulation Number 14 of 2016 concerning Procedures for the Settlement of Sharia Economic Disputes, which includes simple lawsuits and ordinary lawsuits. Simple lawsuits are further regulated in Supreme Court Regulation Number 2 of 2015, which was later amended to Supreme Court Regulation Number 4 of 2019 concerning Procedures for the Settlement of Simple Lawsuits. This regulation aims to ensure that the resolution of Sharia economic disputes is simpler, faster, and less costly. This research aims to analyze the process and mechanism for resolving simple Sharia economic dispute lawsuits at the Kudus Religious Court, examine the judges' considerations in deciding Sharia economic dispute cases, and identify challenges in resolving Sharia economic disputes. The type of research used is field research with a qualitative approach, utilizing primary, secondary, and tertiary data. The results of the study show that the process and considerations of the judges in Decision Number 1/P.dt.G.S/2019/PA.Kds are in accordance with applicable regulations. However, the resolution of the case takes quite a long time. Therefore, judges in the Religious Courts are required to have competence in Sharia economic law to handle cases more effectively and efficiently.]]>
<![CDATA[Tinjauan Hukum Islam terhadap Akad Istishna’ (Studi pada Jual Beli dan Pemasaran Usaha Mebel CV Dua Putra Jati Jepara) ]]>
<![CDATA[Ngazizah, Inna Fauziatal]]>;
<![CDATA[Nurhisam, Luqman]]>;
<![CDATA[Mubaraq, M. Amirrul]]>
<![CDATA[ TAWAZUN: Journal of Sharia Economic Law Vol 6, No 1 (2023): Tawazun: Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v6i1.16394
<![CDATA[The purpose of this research is to know the sales system and implementation of istishna’ contract in the furniture industry in du putra jati furniture jepara. This study uses a qualitative type of research with an emphasis on the results of data collection from the specified informants which are descriptive with the approach used is the Islamic economics approach and the phenomenological approach. This research was conducted at CV Dua Putra Jati Jepara city. Data collection methods include observation, interviews, and document review. Data analysis techniques used are data reduction, data presentation and verification. Informants and respondents from the study include the owner of the CV Dua Putra Jati Furniture Jepara, employees and customers. The results of this study indicate that the Furniture Industry sales system at CV Dua Putra Jati Furniture begins with receiving orders from consumers via telephone, SMS or WhatsApp with specifications determined by the buyer regarding the size, model and price agreement with the Down Payment (DP) payment system by the maker by 50 percent and the rest is paid off when the goods are finished in work. Products that have been completed in the work will be checked first before being delivered to consumers accompanied by a sales invoice (invoice). Implementation of the istishna’ contract in the sales system at CV Dua putra Jati Furniture Jepara has complied with the principles of buying and selling istishna’ contracts, ordering and payment systems made in accordance with the ordering and payment system in the istishna’ contract.]]>
<![CDATA[Kajian Hukum Islam tentang Rekening Bersama (RekBer) pada E-Commerce ]]>
<![CDATA[Mursid, Fadillah]]>;
<![CDATA[Nurhisam, Luqman]]>
<![CDATA[ TAWAZUN: Journal of Sharia Economic Law Vol 5, No 1 (2022): Tawazun: Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v5i1.13997
<![CDATA[In trading conducted online or better known as E-Commerce, there are many cases of fraud that occur. Until finally, a Joint account emerged as an alternative for safe online transactions. Based on the above background, this study aims to discuss the legal status of the use of joint account services and any contracts that can be used in Joint Account transactions (RekBer) in E-Commerce. This research is a normative legal research, while the specification of this research is analytical descriptive. The main approach taken is doctrinal. The results of this study are that in Islamic law the use of third party services in a legal transaction is permissible (permissible), while contracts in account transactions in E-Commerce can use a combination of salam contracts and wakalah bil ujrah or ijaroh a'mal contracts.]]>
<![CDATA[Multi Level Marketing dalam Tinjauan Hukum Islam (Studi Fatwa DSN-MUI NOMOR: 75/DSN-MUI/VII/2009 Tentang Pedoman Penjualan Langsung Berjenjang Syariah) ]]>
<![CDATA[nurhisam, luqman]]>
<![CDATA[ TAWAZUN: Journal of Sharia Economic Law Vol 2, No 2 (2019): Tawazun: Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v2i2.6281
<![CDATA[Bisnis Multi Level Marketing (MLM) kian hari makin berkembang, bahkan muncul MLM yang berbasis syari’ah. Perusahaan yang berbasis syari’ah diwajibkan memenuhi janji atau komitmennya. Hal ini sesuai dengan ajaran Islam, secara realitas, kini perusahan MLM sudah banyak tumbuh di dalam maupun luar negeri. Contohnya adalah Ahad Net, UFO BKB Syariah, Exer, Mitra Permata Haji, dan K-Link Indonesia yang menjalankan prinsip syari’ah dan memperoleh sertifikat halal dari DSN-MUI, sebagaimana yang difatwakan dalam Nomor: 75/DSN-MUI/VII/2009.Tujuan dari penelitian ini adalah untuk menganalisa kebolehan dari mekanisme Multi Level Marketing dengan menggunakan kerangka hukum Islam merujuk pada Fatwa DSN-MUI Nomor: 75/DSN-MUI/VII/2009. Metode penelitian yang digunakan adalah library research, dengan analisa deskriptif-kualitatif. Hasil dalam penelitian menunjukkan bahwa Multi Level Marketing yang mana telah dipraktekkan oleh masyarakat sebagaimana yang difatwakan oleh DSN-MUI Nomor: 75/DSN-MUI/VII/2009 tentang Pedoman Penjualan Langsung Berjenjang Syariah hukumnya adalah boleh, dengan merujuk kepada hadis-hadis yang diuraikan sebelumnya bahwasanya dapat dijadikan sebagai hujjah atau pedoman hukum dan segala kegiatan bisnis yang menggunakan pedoman penjualan berjenjang diharuskan memenuhi berbagai ketentuan-ketentuan sebagaimana yang terdapat dalam fatwa DSN-MUI Nomor: 75/DSN-MUI/VII/2009. DSN-MUI menggunakan dalil-dalil tersebut adalah sebagai landasan secara umum, karena tidak ada dalil yang spesifik terkait dengan Multi Level Marketing. Kata kunci: Multi Level Marketing, MLM, fatwa DSN-MUI]]>
<![CDATA[COOPERATIVE MEMBER SAVINGS GUARANTEE AS A FORM OF LEGAL PROTECTION IN THE MAṢLAḤAH PERSPECTIVE ]]>
<![CDATA[Fadillah Mursid]]>;
<![CDATA[Mohamad Anton Atoillah]]>;
<![CDATA[Luqman Nurhisam]]>
<![CDATA[ Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 8 No. 2 (2023) ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/jm.v8i2.14193
<![CDATA[AbstractThis research discusses the guarantee of cooperative member deposits. This research has a background that in recent times, there have been many cases of problematic cooperatives in Indonesia, with material losses of members reaching trillions. This research study examines how the guarantee of cooperative members' deposits is a form of legal protection from Maṣlaḥah 's perspective. The research method used is qualitative, normative research with analytical descriptive specifications; the legal materials used are primary legal materials (related legal rules) and secondary (various literature and research results. The results of this study indicate that currently, in Indonesia, no regulation provides explicitly a legal basis for the certainty of guaranteeing deposits of cooperative members. So, for the benefit of the government, laws related to deposit guarantees for cooperatives must be issued as a form of legal protection through the fulfilment of citizens' rights. One of the guarantee models that can be used is an explicit guarantee model with restrictions on the guarantee amount. Keywords: Savings Guarantee; Cooperative; Maṣlaḥah.]]>
