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Fatakh, Abdul
Universitas Islam Negeri Siber Syekh Nurjati Cirebon
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Journal : Al-Mustashfa

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SOLVING CYBER CRIME IN ONLINE BUYING AND SELLING IN CIREBON CITY IN REVIEW OF ITE LAW AND ISLAMIC LAW Sukardi, Didi; Nugraha, Farha Bayu; Ubaidillah, Ubaidillah; Fatakh, Abdul; Leliya, Leliya; Arrizky, Muhammad Fadel
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 8, No 2 (2023)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i2.15349

Abstract

AbstractIn the cybercrime crime of online buying and selling fraud, there is a case, one of which occurred in Cirebon City, so the police must solve the online buying and selling fraud cybercrime case. However, in practice, the police experienced several obstacles in its resolution. The method in this study is descriptive qualitative research with a case study approach. The data collection techniques carried out are observation, interviews and documentation. From the results of this study, it is known that the police from the Cirebon City Police, in handling criminal cases of online buying and selling fraud, carried out an investigation process by investigators. The investigation is carried out by checking the accounts of the perpetrators of online buying and selling scams to find evidence and track down the perpetrators. However, the police experienced several obstacles, from the limited special tools in uncovering criminal acts of online buying and selling fraud to the difficulty of finding evidence and tracking the perpetrators. Hence, the Cirebon City Police became less effective in solving online buying and selling fraud crimes.Keywords: Cybercrime; Scams; E-commerce.
Application of Mu'nah Rahn Tasjily in Land Collateral: Integration of DSN-MUI Fatwa and Sharia Economic Principles Wasman, Wasman; Elena, Sekar; Khoirudin, Ahmad; Fatakh, Abdul; Setiawan, Fajar
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 9, No 2 (2024)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.18549

Abstract

This study investigates the application of mu’nah rahn tasjily in land collateral financing at Pegadaian Syariah KC. Cipto Mangunkusumo Cirebon, integrating the DSN-MUI Fatwa No. 68/DSN-MUI/III/2008 and the Compilation of Sharia Economic Law (KHES). Employing a qualitative approach with a normative-empirical methodology, the research combines literature reviews and field investigations. Primary data were collected through interviews with employees and managers, while secondary data included books, journals, and relevant documents. Data collection methods involved observation, structured interviews, and documentation, focusing on the implementation of mu’nah in land certificate financing for the year 2023. The findings reveal two types of rahn tasjily contracts, with one involving the determination of mu’nah based on the loan amount. In these contracts, the collateral submitted serves only as proof of ownership, while the pledger retains control over the physical collateral. However, an analysis of the DSN-MUI Fatwa indicates a deviation in practice at Pegadaian Syariah KC. Cipto Mangunkusumo, as mu’nah is calculated proportionally to the loan amount rather than independently. Furthermore, the KHES emphasizes time-based calculations for ijarah, suggesting the necessity of structured time limitations to prevent disputes and ensure compliance with Sharia principles. This study underscores the need for a more consistent application of Sharia guidelines in determining mu’nah to enhance transparency and fairness in Islamic financial practices.Keywords: Mu’nah Rahn Tasjily, Land Collateral, DSN-MUI Fatwa, Sharia Economic Law, Islamic Pawnshop Practices.
Sharia Economic Law Analysis of Paylater Features in Online Marketplace Transactions Fatakh, Abdul; Rosanti, Eka; Suharto, Toto; Annisa, Dila
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 10, No 1 (2025)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v10i1.20292

Abstract

The advancement of digital technology has significantly transformed buying and selling systems, particularly through online marketplace platforms. One notable innovation is the paylater payment scheme, which allows consumers to defer payments after completing transactions. While this method offers practical convenience, it raises critical concerns from the perspective of Sharia economic law, especially regarding the elements of riba (interest), gharar (uncertainty), and transactional justice. This study aims to analyze the implementation of paylater features in the Hijabequlla marketplace by examining their compliance with Sharia economic principles. Using a qualitative descriptive method, data were collected through observation, interviews, and literature review. The findings reveal that although the paylater scheme facilitates online purchases, its current implementation shows potential violations of Sharia provisions—particularly those outlined in the DSN-MUI Fatwa No. 1 of 2004 concerning interest-based transactions. The novelty of this research lies in its contextual analysis of a contemporary marketplace platform using the framework of Islamic economic law, offering insights into the alignment—or misalignment—between digital consumer financing and Sharia norms. The study concludes that a reconstruction of the paylater system is needed to ensure compliance with Islamic legal standards, thereby promoting fair and ethical digital transactions.Keywords: Marketplace; Paylater; DSN-MUI Fatwa; Digital Transactions; Sharia Economic Law.
Co-Authors Annisa, Dila Arrizky, Muhammad Fadel Elena, Sekar Leliya Leliya Nugraha, Farha Bayu Rosanti, Eka Setiawan, Fajar Suharto, Toto Sukardi, Didi Ubaidillah, Ubaidillah Wasman, Wasman