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PENDEKATAN KEKELUARGAAN DALAM AKAD SEWA MENYEWA LAHAN PERTANIAN DI KALANGAN MASYARAKAT KELURAHAN SETAPUK BESAR SINGKAWANG UTARA Nurhidayati, Syssy; Achmad, Firdaus; Anggriana, Anggita
Al-Aqad Vol. 4 No. 1 (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.v4i1.2484

The purpose of this research is to find out the practice of leasing agricultural land among the people of Setapuk Besar Village, North Singkawang. In addition, researchers reviewed the ijarah contract regarding the practice of leasing agricultural land among the people of Setapuk Besar Singkawang Utara Village. This type of research is field research with a qualitative-descriptive method and uses a normative-sociological approach. This research uses observation techniques to the research location, namely in Setapuk Besar Singkawang Utara Village, interviewing agricultural land owners and agricultural land tenants and conducting documentation. The tools used are in the form of interview guidelines and documentation obtained using cell phones and other supporting tools. Primary data sources were obtained from interviews with resource persons while secondary data sources were obtained from literary references. The data validity checking technique used is source triangulation, which is a technique of checking data through several sources. The results of this study indicate that the implementation of agricultural land leasing carried out by the community with a family approach includes leasing with a profit-sharing system, but in practice, the rental payment is not emphasized by the landowner so the land tenant tends to ignore the rental payments that have been agreed upon at the beginning. Based on Islamic law, the rental practices carried out are not yet appropriate because the renting parties tend not to fulfil the agreement. There is a discrepancy in payment and rental activities carried out so it does not fulfil the provisions of the ijarah contract which uses the harvest in the form of rice.

JUSTIFIKASI HUKUM PADA AKTIVITAS KELOMPOK ARISAN PERSATUAN DI DESA PENIRAMAN KECAMATAN SUNGAI PINYUH KABUPATEN MEMPAWAH Salsabila, Salsabila; Fahmi, Moch. Riza; Anggriana, Anggita
Al-Aqad Vol. 4 No. 1 (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.v4i1.2713

The study aims to reveal Legal Justifications for the Get-Together Tradition Group Activities in Peniraman Village, Sungai Pinyuh District, Mempawah Regency. This research aims to find out: 1) The views of the people of Peniraman Village, Sungai Pinyuh District, Mempawah Regency regarding the tradition of the get-together group. 2) Justification of the law of the get-together tradition in Peniraman Village, Sungai Pinyuh District, Mempawah Regency. This research is a type of empirical normative research with a qualitative approach, while data collection techniques use primary data, namely observation, interviews, and documentation. Data collection tools used by the researcher are interview guides, paper stationery, and electronic devices. Meanwhile, data analysis techniques and concluding testing data validity use member-check. The results of the research show that: 1) The society of Peniraman Village considers the get-together group as a tradition that must be preserved because it contains positive things such as always maintaining friendly relations and the feeling of mutual help that is generated by the group tradition in Peniraman Village. 2) Because this group is well known by the public and does not conflict with the postulates of Sharia'. In terms of the validity of the get-together group, it is included in permissible transactions (permissible) to be carried out because there is an element of mutual help in it and there are no elements of usury or maisir that arise in the get-together group contract in Peniraman Village.

PEMBATALAN PESANAN DI PT GO-JEK DALAM PERSPEKTIF KOMPILASI HUKUM EKONOMI SYARIAH (KHES) Salsabilla, Naya Atiqa; Syahbudi, Syahbudi; Anggriana, Anggita
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.v4i2.3402

This study aims to determine the factors that cause cancellation of orders between drivers and consumers on the Go-Jek application. Knowing the KHES view on canceling orders between drivers and consumers on the Go-Jek application. The research uses qualitative research methods with the type of field research and normative sociological approach. Data collection techniques used by researchers are observation methods, interviews with sources and documentation. Data analysis researchers do data reduction, data display, and conclusion drawing. Then the data is checked for validity by tringulation of sources. The argument of this research is that the implementation of order cancellation both by consumers and drivers is influenced by legal awareness that is paragmatic, but accommodates the wishes of the parties. This research provides an understanding of several factors that cause the cancellation of orders between drivers and consumers in the Go-Jek application including: 1. From the consumer's point of view: long pick-up time due to weather or vehicle problems, Driver's identity does not match the application, the vehicle number does not match the Driver's account. 2. From the Driver's point of view: the order is too far above 4 km so the cost of gasoline is high, there is a problem with the vehicle. According to KHES, the relationship between consumers and Gojek drivers can be seen as an Ijarah contract. However, KHES prohibits unilateral cancellation unless there are legally justified reasons.

BISNIS DROPSHIPPING KOSMETIKA PADA SHOPEE MENURUT FATWA DEWAN SYARIAH NASIONAL MAJELIS ULAMA INDONESIA NO: 145/DSN-MUI/XII/2021 TENTANG DROPSHIP BERDASARKAN PRINSIP SYARIAH Uyun, Qurrotul; Sulaiman, Rusdi; Anggriana, Anggita
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.v4i2.3421

This study aims to determine the mechanism of dropshipping cosmetics business in shopee according to the Fatwa of the National Sharia Council of the Indonesian Ulema Council No. 145/DSN-MUI/XII/2021 concerning Dropshipping Based on Sharia Principles: 145/DSN-MUI/XII/2021 concerning Dropship Based on Sharia Principles. This research uses qualitative methods with empirical normative research. Data sources were obtained from the results of drop shipper interviews on the shoppe application. While secondary data is obtained through primary legal material, namely the Fatwa of the National Sharia Council of the Indonesian Ulema Council No. 145/DSN-MUI/XII/2021 on Dropship Based on Sharia Principles: 145/DSN-MUI/XII/2021 concerning Dropship Based on Sharia Principles and other materials such as books, journals, laws, and articles related to the research. Data collection techniques through observation, interviews, and documentation. The results showed 1). In starting a dropshipping business on the Shopee application, the first step that must be taken by a Shopee drop shipper is to create a Shopee account and store account and find the right cosmetics supplier. When there is an order from the buyer, the drop shipper orders it to the supplier, using the buyer's address as the shipping destination and activating the send feature as a drop shipper. Sales funds will be received by the supplier and dropshipper when the buyer or dropshipper clicks the order is complete or the warranty period in the shopee application has expired. Buyers can also return goods or funds for certain reasons before the warranty period ends. 2). The dropshipping mechanism in the shopee application is in accordance with the Fatwa of the National Sharia Council of the Indonesian Ulema Council No. 145/DSN-MUI/XII: 145/DSN-MUI/XII/2021 Regarding Dropship Based on Sharia Principles.

Perlindungan Hukum Bagi Konsumen Terhadap Produk Makanan Olahan Non Muslim Anggriana, Anggita; Nurhidayati, Syssy
Palita: Journal of Social Religion Research Vol. 8 No. 2 (2023): Palita : Journal of Social Religion Research
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/pal.v8i2.3913

Nowadays, the culinary business has become a promising business for the future. Many people are interested in visiting various areas because one of them is the culinary delights of that area. The city of Singkawag is a city that is famous for its culinary delights. Still, those involved in the business are non-Muslim communities, so the halalness of the products being marketed is a matter of doubt for the Muslim community itself. This research is normative legal research. The approach used in this research is a statutory approach and a conceptual approach. This research aims to ensure that Muslim consumers in Singakwang City are more assured of the halal quality of their food. It also emphasizes the importance of halal certification for the marketed processed food. The government needs to monitor the halal labels used by each business entity because many of the halal labels used do not have halal certification. The government must review the halal certification process, especially the time and costs so that small and medium businesses in Singkawang City can also carry out halal certification for their products. The government's role in controlling the halal labels used by each business entity must continue to be fulfilled, particularly by carefully checking whether the brands installed are halal-certified.Â

The Right to Work for Person with Disabilities In Indonesia: Legal Protection, Equality, And Social Ecology Anggriana, Anggita; Nurhidayati , Syssy; Fadhil, Moh.
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 7 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v7i1.1931

The purpose of this study is to analyze the extent of the legal contribution to the inclusiveness of the work environment to overcome violations of the right to work. The type of research used in this paper is socio-legal research with a statutory approach. The number of workers with disabilities is still very low. This is because there is still stigmatization that places people with disabilities as a marginalized group. The ratification of the Law on Persons with Disabilities is the responsibility of the State after the ratification of the Convention on Persons with Disabilities. The government sets mandatory work quotas as affirmative action. The law also incorporates a social ecology approach ranging from accommodation, and support structures for an equal and inclusive work environment. The government also issued a policy to reward employers who promote and protect the rights of persons with disabilities in their work environment. While Indonesia has made progress, this policy has not been fully implemented at the local government level. A recommendation that needs to be developed is the need for audits of employers to ensure how much the right to work has been fulfilled. .

Covid-19 Sebagai Alasan Force Majeure Atas Pembatalan Keberangkatan Umrah Di PT. Tazakka Elhaq Ditinjau Dari Kompilasi Hukum Ekonomi Syariah Nawawi, Muhammad Reza; Sulaiman, Rusdi; Anggriana, Anggita
Al-Aqad Vol. 5 No. 1 (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

This study aims to analyze whether the Covid-19 pandemic can be considered a force majeure under the Compilation of Sharia Economic Law (KHES) and how PT. Tazakka Elhaq responded to the cancellation of umrah departures due to the pandemic. Using a normative-empirical legal approach, the research collected primary and secondary data through interviews and documentation, analyzing the data qualitatively. The findings indicate that Covid-19 fulfills the criteria of a force majeure event as stipulated in Article 41 of KHES and can be classified as a relative force majeure, since, although umrah travel was technically still possible, the associated risks and potential losses were excessively high and beyond reasonable limits. In accordance with the Minister of Religious Affairs Regulation (KMA) No. 719 of 2020, PT. Tazakka Elhaq adopted a policy of assuming responsibility in three forms: material (refunding costs to pilgrims who canceled), moral (maintaining trust through transparent communication and service), and legal (negotiating rescheduling of departure dates for pilgrims who chose to postpone rather than cancel).

Perlindungan Hukum Bagi Konsumen Terhadap Produk Makanan Olahan Non Muslim Anggriana, Anggita; Nurhidayati, Syssy
Palita: Journal of Social Religion Research Vol. 8 No. 2 (2023): Palita : Journal of Social Religion Research
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/pal.v8i2.3913

Nowadays, the culinary business has become a promising business for the future. Many people are interested in visiting various areas because one of them is the culinary delights of that area. The city of Singkawag is a city that is famous for its culinary delights. Still, those involved in the business are non-Muslim communities, so the halalness of the products being marketed is a matter of doubt for the Muslim community itself. This research is normative legal research. The approach used in this research is a statutory approach and a conceptual approach. This research aims to ensure that Muslim consumers in Singakwang City are more assured of the halal quality of their food. It also emphasizes the importance of halal certification for the marketed processed food. The government needs to monitor the halal labels used by each business entity because many of the halal labels used do not have halal certification. The government must review the halal certification process, especially the time and costs so that small and medium businesses in Singkawang City can also carry out halal certification for their products. The government's role in controlling the halal labels used by each business entity must continue to be fulfilled, particularly by carefully checking whether the brands installed are halal-certified.Â

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