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Analisis Perbedaan Diktum Biaya Penyelesaian Perkara Sengketa Ekonomi Syariah Burhanudian Manilet; Fairuz Sabiq; Indah Mustika
Jurnal Hukum Lex Generalis Vol 6 No 2 (2025): Tema Hukum Islam
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i2.1763

Abstract

This study analyzes decisions on sharia economic disputes, particularly simple lawsuit decisions at the Sukoharjo Class IB Religious Court. The focus of this study is the difference in the granting of case settlement costs in the considerations and dictum of the decision imposed on defendants who are proven to be in default. The purpose of this study is to understand the judges' reasoning, thereby identifying why there are differences in the allocation of case resolution costs for the defendant in summary judgments within the same legal jurisdiction. The research method used is a normative legal study, targeting written regulations or legal materials in the form of court decisions, specifically Decision No. 3/Pdt.G.S/2024/PA.Skh. The data sources include court decisions, laws, PERMA, and ministerial decisions, which will be presented narratively with deductive analysis in accordance with the theoretical framework used. The conclusion obtained from this study is that the judge's consideration in determining the burden of the cost of resolving a simple lawsuit in the sharia economy does not consider the radius of domicile of the parties, so that the burden of the case settlement fee becomes different in the amount of burden, even though it is in the same jurisdiction. And what is suggested from this study is the importance of new regulations as a guideline in determining the burden of collection/settlement costs
Tinjauan Fiqh Muamalah terhadap Kontrak Pembiayaan Leasing pada Lembaga Pembiayaan Konsumen “X”: A Fiqh Muamalah Review of Leasing Financing Contracts at Consumer Finance Institution “X” Muhammad Yusuf Nur Saifuddin; Fairuz Sabiq
TIJARAH: Jurnal Ekonomi, Manajemen, dan Bisnis Syariah Vol. 2 No. 4 (2025): TIJARAH: Jurnal Ekonomi, Manajemen, dan Bisnis Syariah
Publisher : Litera Academica Publishing

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

Abstract

The development of leasing financing as a means of meeting public needs has introduced new dynamics in modern economic transactions. However, conventional leasing practices raise debates regarding their compliance with the principles of fiqh muamalah, particularly in relation to the clarity of contracts, the fairness of rights and obligations, and the potential presence of gharar. This article aims to analyze leasing financing contracts at consumer finance institution “X” from the perspective of fiqh muamalah. This study employs a qualitative method with a juridical-empirical approach, utilizing contract document analysis and supporting interviews. The findings reveal that while leasing contracts formally fulfill contractual requirements, they do not fully conform to fiqh muamalah principles due to unclear contract structures and imbalanced risk allocation. The study concludes that clearer contract classification and the restructuring of contractual clauses are necessary to ensure justice and transparency. This research contributes to the development of contemporary fiqh muamalah studies and offers practical implications for improving leasing contracts in accordance with the principles of justice and public welfare.