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All Journal Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Unes Law Review Academy of Education Journal Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam LEGAL BRIEF Law Development Journal Al-Manahij : Jurnal Kajian Hukum Islam Jurnal Ilmiah Mahasiswa Raushan Fikr Borneo : Journal of Islamic Studies AL-SULTHANIYAH Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah RECOMS JURNAL PENELITIAN DAN PENGABDIAN
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Analisis Hukum Terhadap Klausula Eksonerasi pada Nota Laundry di Kecamatan Padang Hilir, Kota Tebing Tinggi Perspektif Wahbah Az-Zuhaili Siregar, Wilma Putri Handayani; Permata, Cahaya
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2446

Abstract

Business actors in Padang Hilir Subdistrict, Tebing Tinggi City make exoneration clauses to release responsibility for damage and loss experienced by consumers. The consumer protection law stipulates that business actors may not include exoneration clauses in offering goods and/or services intended for trade. The purpose of this study is to find out what the factors causing the use of exoneration clauses in laundry notes, how the regulation of exoneration clauses according to legislation, and how the responsibility for using exoneration clauses by business actors in Padang Hilir District, Tebing Tinggi City from the perspective of Wahbah Az-Zuhaili. This type of research is empirical juridical with a living case studies approach, statute approach, and conceptual approach. The results showed that the liability of business actors using an exoneration clause on laundry notes is inappropriate, while according to Wahbah Az-Zuhaili business actors must be responsible for damage and loss experienced by consumers. In conclusion, the exoneration clause based on Wahbah Az-Zuhaili's opinion cannot be used to release responsibility. If anyone makes such a clause, it is null and void
Deforestasi Hutan Lindung dalam Proyek Strategis Nasional Food Estate: Perspektif Maqashid Syariah Anshari, Mulya; Permata, Cahaya
Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Vol. 18, No. 3 : Al Qalam (Mei 2024)
Publisher : Sekolah Tinggi Ilmu Al-Qur'an (STIQ) Amuntai Kalimantan Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35931/aq.v18i3.3499

Abstract

Food estate menyebabkan terjadinya deforestasi hutan lindung menjadi lahan produksi, berdasarkan data WALHI Kalimantan Tengah dan Pantau Gambut, deforestasi hutan lindung di tiga Kabupaten Kalimantan Tengah, yaitu seluas 1.546 hektare, diantaranya: Kabupaten Gunung Mas seluas 854 hektare, Kabupaten Pulang Pisau seluas 459 hektare dan Kabupaten Kapuas seluas 233 hektare. Tujuan penelitian ini untuk mengetahui dampak deforestasi hutan lindung pada proyek strategis nasional food estate dan deforestasi hutan lindung pada proyek strategis nasional food estate perspektif maqashid syariah. Jenis penelitian adalah penelitian normatif atau doctrinal research dengan pendekatan philosophical approach, conceptual approach dan statute approach. Data di kumpulkan melalui studi dokumen, lalu data diolah dan dianalisis secara kualitatif. Hasil dari penelitian menunjukkan dampak dari deforestasi hutan lindung yaitu terjadinya banjir besar di Kabupaten Gunung Mas dan Pulang Pisau yang sebelumnya tidak pernah terjadi, selain itu deforestasi juga menyebabkan hilangnya keanekaragaman hayati, hutan yang berubah menjadi kebun singkong adalah habitat asli orangutan, deforestasi juga menyebabkan pelepasan 250 ribu ton emisi karbon ke permukaan bumi. Deforestasi hutan lindung pada proyek strategis nasional food estate juga tidak selaras dengan maqashid syariah terutama pada point Hifz al-Din (memelihara agama), Hifz al-Nafs (memelihara Jiwa) dan Hifz al-Mal (memelihara harta).
Law Enforcement against Distance between Minimarkets in the Protection of Micro Businesses in Medan City Perspective of Maslahah Mursalah Maharani, Maharani; Permata, Cahaya
Law Development Journal Vol 6, No 1 (2024): March 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.1.%p

Abstract

There are many minimarkets in Medan City that do not fulfill the provisions on minimarket distance. So that it is very impactful on micro businesses in Medan City. The purpose of this study is to determine the impact of law enforcement on minimarket distance on micro businesses in Medan City and to determine law enforcement related to minimarket distance in Medan City based on the perspective of Maslahah Mursalah. This type of research is empirical juridical, living case studies approach, conceptual, and statute approach. Data is collected through observation, interviews and document studies. Data is processed using qualitative methods with deductive thinking logic. The results show that the impact experienced by micro businesses with the presence of minimarkets makes micro businesses experience a decrease in turnover. With the mushrooming presence of minimarkets, the competitiveness of micro businesses increases in addition to competing with fellow micro businesses must also compete with minimarket businesses, what's more the distance between minimarket that are too close and even next to each other makes micro businesses experience a decrease in turnover in significance.
ADDITIONAL COSTS AS A CONDITION OF COMPLETING SELL PURCHASE TRANSACTIONS THRIFTING INSTAGRAM ACCOUNT @THRIFT.PEREMPUAN WAHBAH AZ ZUHAILI'S PERSPECTIVE Rahmad, Nasnurdin; Permata, Cahaya
Academy of Education Journal Vol. 14 No. 2 (2023): Academy of Education Journal
Publisher : Fakultas Keguruan dan Ilmu Pendidikan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/aoej.v14i2.1957

Abstract

In buying and selling used clothing or thrifting, sellers often provide promos for the items being sold. However, there are cases where the buyer is required to add a fee to complete the sale and purchase of the promo, if this is not fulfilled the product will not be sent or the transaction will not be completed. This study aims to find out the practice of adding thrifting buying and selling fees on the @thrift.perempuan account, the additional factors and the law of adding fees as a settlement of buying and selling transactions according to Wahbah Az-Zuhaili. This type of research is empirical juridical research with a conceptual approach and living case studies. Data was collected by interview, observation and document study then the data was processed using qualitative methods with a deductive thinking approach. The results of this study indicate that the concept of conditional buying and selling with additional fees on the @thrift.perempuan account, in Wahbah Az-Zuhaili's opinion, is a fasid sale and purchase because there is no element of honesty from one party and harms the other party
Kewajiban Pembayaran Royalti atas Cover Lagu Perspektif Fatwa DSN Nomor 1 Tahun 2003 Tentang Hak Cipta (Studi Kasus YouTuber di Kota Medan) Husna, Shofia; Permata, Cahaya
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1657

Abstract

A song cover is the activity of repeatedly singing another person's song and then releasing it as a new recording. YouTube monetization means that many people often cover other people's songs to increase viewers and subscribers, so many people cover other people's songs to get monetization or income from YouTube. The purpose of this research is to find out the reasons why YouTubers in the city of Medan cover songs, to find out the law on royalty payments for the act of covering songs based on DSN Fatwa Number 1 of 2003 concerning Copyright, and the implementation of regulations on the obligation to pay royalties for song covers on YouTube media by YouTubers in Medan city. The research method used is empirical juridical research using a statutory approach and case studies. This research is a descriptive analysis. Data was collected through observation, interviews, and document study. The results of this research show that the reasons why YouTubers in the city of Medan cover songs are varied, namely for commercial and non-commercial purposes. The obligation to pay royalties for song covers is based on DSN Fatwa No. 1 of 2003 concerning Copyright, it is said to be a violation if you perform, reproduce, record, distribute, or publish a song belonging to another person, especially for commercial purposes. However, if it does not have a commercial purpose and you have asked permission first from the copyright holder and include the name of the original owner, then the cover of the song is permitted and you are not required to pay royalties.
Reevaluating the Legal Status of Monosodium Glutamate Consumption: The Indonesian Ulema Council’s Fatwas and Maqāṣid al-Sharī’ah Syam, Syafruddin; Permata, Cahaya; Haris, Rizki Muhammad; Matondang, Maulidya Mora
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i2.11121

Abstract

This article examines the consistency of the MUI Fatwa regarding Monosodium Glutamate (MSG) from a Maqāṣid al-Sharī’ah standpoint. The legal issue addressed in this research arises from the ongoing debate regarding the consumption of MSG. The Indonesian Ulema Council (MUI) has issued a fatwa declaring that MSG consumption is permissible (halal), provided that it is produced from halal ingredients and is processed, packaged, marketed, distributed, and served in compliance with Islamic law. However, numerous studies have highlighted the adverse effects associated with MSG consumption. This research employs a normative-empirical approach to Islamic law. The primary normative data consists of the MUI fatwa concerning flavoring products, specifically monosodium glutamate, which contains amino acids, as well as various sources discussing Maqāṣid al-Sharī’ah. The primary empirical data is derived from interviews with MUI board members regarding their perspectives on the relevant fatwa. Additionally, non-legal sources, including scientific literature on MSG, are utilized. Through this methodological approach, the research yielded several key findings. Although the MUI has declared MSG consumption as halal, individuals must still adhere to the safety guidelines established by the WHO and the Indonesian Ministry of Health. The MUI further advises against excessive or prolonged consumption of MSG due to its harmful effects on one’s well-being, including the soul, mind, reproductive system, beliefs, and property, all of which Islamic law mandates to be safeguarded. Consequently, the research concludes that the MUI fatwa, along with the explanations provided by its members, aligns closely with the principles of Maqāṣid al-Sharī’ah, as the prevention of harm takes precedence over the pursuit of benefits.
Hukum Pembayaran Uang Charge Sewa Mobil Perspektif Fatwa DSN MUI Nomor 112/DSN-MUI/IX/2017 Tentang Akad Ijarah Riska, Yosanda Faniya; Permata, Cahaya
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 4 No 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.2052

Abstract

There are many problems in car rental services, one of the problems is excess rental time which eventually causes additional fees or charges. The purpose of this study is to find out how the agreement is between the tenant and the lessor and how the law does not pay the Charges from the perspective of the Fatwa of the National Syari'ah Council Number 112/DSN MUI/IX/2017 Concerning Ijarah Contracts. The research method used is empirical legal research. The results of the study show that the law of payment of Charges on car rental overtime due to car damage from the perspective of the Fatwa of the National Syari'ah Council Number 112/DSN-MUI/IX/2017 concerning Ijarah Contracts is mandatory because it has been agreed upon in the contract according to the fatwa regarding Ijarah. So that the obligation to pay Charge money is a form of agreement in the agreed contract related to excess time.
Reconstruction of Consumer Protection Regarding the Provision of Halal Features in the Marketplace from the Perspective of Maqashid Syariah Pangaribuan, Rohid Ramadani; Permata, Cahaya
LEGAL BRIEF Vol. 14 No. 1 (2025): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i1.1272

Abstract

Consumer protection in the marketplace is an important issue along with the increase in digital transactions in Indonesia. One aspect that needs to be considered is the provision of halal features on the marketplace to ensure that the products sold are in accordance with sharia principles. This study aims to analyze the regulation of halal features in the marketplace as well as the concept of consumer protection based on the perspective of Maqashid Sharia. The research method used is an empirical legal method with a statute approach and a conceptual approach. The results of the study show that although regulations regarding halal product assurance have been regulated in Law Number 33 of 2014 concerning Halal Product Assurance, there are still many marketplace platforms that have not provided halal features in a transparent manner, so that it has the potential to cause asymmetric information for Muslim consumers. From the perspective of Maqashid Sharia, the absence of halal features in the marketplace can hinder the fulfillment of the principles of hifz al-din (maintaining religion), hifz al-nafs (preserving the soul), and hifz al-mal (preserving property). Therefore, it is necessary to strengthen regulations and the responsibility of marketplaces in providing halal information symmetrically to improve the protection of Muslim consumers and realize fair transactions in accordance with sharia principles
Menegosiasikan Iman dan Makanan: Implementasi Kewajiban Sertifikasi Halal dalam Praktik Penggilingan Bakso Berbasis Komunitas di Pasar Tradisional Tanjung Morawa Winanti, Rizki; Permata, Cahaya
Jurnal Ilmiah Mahasiswa Raushan Fikr Vol 14 No 2 (2025): Jurnal Ilmiah Mahasiswa Raushan Fikr
Publisher : Lembaga Kajian dan Pemberdayaan Mahasiswa UIN Prof. KH. Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/jimrf.v14i2.14866

Abstract

Meatball grinding facilities process meat-based products and are therefore required to obtain halal certification due to several critical control points, such as meat sourcing, additives, hygiene, and potential contamination. However, none of the facilities at Pasar Rakyat Tanjung Morawa currently hold halal certification. This study investigates the factors hindering the implementation of Halal Product Assurance in these facilities. Using an empirical juridical approach, supported by a case study and sociological perspective, data were collected through observations and interviews, then analyzed qualitatively through deductive reasoning. The findings show that the main internal barrier is the lack of legal awareness among both business operators and consumers. Externally, challenges include limited supervision by BPJPH, the scarcity of halal-certified slaughterhouses (RPHU/RPHR), and the high costs of certification. Ensuring halal compliance in these facilities is crucial not only for improving food quality and safety but also for building consumer trust and ensuring access to products that meet halal standards.
Tinjauan Yuridis atas Pertanggungjawaban Pengurus Baitul Maal Wa Tamwil yang Tutup terhadap Simpanan Anggota Abas, Saffana Zhafirah; Permata, Cahaya
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4150

Abstract

The closure of Baitul Maal Wa Tamwil has given rise to many problems, including the return of member deposits. The purpose of this research is to examine the accountability of the management of BMT that closes regarding member deposits and the form of legal protection for member deposits in accordance with legislative regulations. As normative research, this study employs a statute approach and a conceptual approach. Data is collected through document studies, then processed and analyzed qualitatively to illustrate the obligations of the management and the rights of BMT members as parties entitled to their deposits. The results of this study indicate that the management is obliged to return the member deposit funds if the losses incurred are due to negligence or intentional actions by the cooperative management in accordance with the provisions of Article 34 paragraph (1) and paragraph (2) of Law no. 25 of 1992. and the members only bear losses to the extent of their principal savings, mandatory savings, and their ownership capital, therefore the members are entitled to protection in the form of guarantees for the return of their savings.
Co-Authors Abas, Saffana Zhafirah Andika, Arya Anshari, Mulya Husna, Shofia Maharani Maharani, Maharani Matondang, Maulidya Mora Napitupulu, Serli Lestari Nuril Fajar, Sri Ahadah Pangaribuan, Rohid Ramadani Parinduri, Muhammad Rafli Rahmad, Nasnurdin Riska, Yosanda Faniya Rizki Muhammad Haris Siregar, Wilma Putri Handayani Syafruddin Syam Syahputra, Teddy Utami, Maya Waluyo, Rahita Rahmadya Winanti, Rizki Yunijar Harahap, Eva