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All Journal Jurnal Iman dan Spiritualitas Socio Politica : Jurnal Ilmiah Jurusan Sosiologi Zona Law And Public Administration Indonesia
Nurhikmah, Aulia
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Zona Law And Public Administration Indonesia

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A Review of Criminal Law and Islamic Law on the Role And Ethics of Debt Collectors in the Perspective of Hadith Interpretation Nurhikmah, Aulia
Zona Law And Public Administration Indonesia Vol. 2 No. 5 (2024): September 2024
Publisher : Yayasan Mentari Madani

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Abstract

Enough money can buy everything we need and want, which is why everyone strives to earn money. Problems arise when the money is not available when the need is met. This can be addressed with a payment system called credit, which allows us to purchase items without having to pay immediately. With credit, we can pay for items according to our ability and within a certain timeframe, making it easier for us to obtain what we want without having to have a lot of cash on hand. However, credit allows borrowers to pay off their debts with interest over a certain period. As a result, the presence of debt collectors has expanded beyond the banking sector. Although other businesses with billing, such as leasing, provide credit to customers who want to buy cars or other vehicles on credit. However, in practice, debt collectors rarely commit legal violations such as intimidation, threats, and physical or psychological violence. Forced collection is considered a legal violation because debt collectors are categorized as general criminal offenses in the Criminal Code (KUHP), which consists of: a. Crimes and b. Offenses. The purpose of this research is to study how Islamic law regulates the role and ethics in the debt collection process, particularly how the profession of debt collectors is often associated with intimidation and violence, raising questions about its alignment with Islamic values. This study emphasizes elements of justice, compassion, and prevention of oppression as the main pillars of the debt collection process through the interpretation of hadith. Additionally, this article offers alternative debt collection solutions that are Sharia-compliant and ethical. The results of this study indicate that from an Islamic perspective, the role of debt collectors must be accompanied by ethics that reflect justice and humanitarian principles contained in the hadith
Settlement of Litigation and Non-Litigation Disputes in Sharia Economic Cases: A Case Study of The Musyarakah Contract Nurhikmah, Aulia; Madani, Farid; Sunaryo Mukhlas, Oyo
Zona Law And Public Administration Indonesia Vol. 3 No. 4 (2025): July 2025
Publisher : Yayasan Mentari Madani

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Disputes can be resolved through litigation (in court) or non-litigation (out of court). Dispute resolution through litigation involves examining disputes before a judge in court. Whether it's public or private disputes, litigation, or court, are the most common dispute resolution methods. As time goes by, people's needs for justice and welfare increase. As a result, dispute resolution through litigation has become less effective. This is considered too long and costs quite a lot. In situations like this, people who seek justice begin to look for other options, namely dispute resolution outside the judicial process, which is called dispute resolution that does not involve litigation, i.e. non-litigation is carried out and the role of mediators. In the aspect of settlement using non-litigation methods for a quick and cheap settlement through the role of mediators in non-litigation dispute resolution through the negotiation stages, mediation, conciliation, and arbitration are some of the methods of resolving disputes outside of court. The discussion of the Musyarakah Contract is a form of financing that is commonly used in Islamic financial institutions. This research uses a normative approach to research to reveal the truth systematically, methodologically, and consistently. This approach has been collected and processed, analyzed and used for constructive purposes during the research process, how effective the role of mediators is in non-litigation dispute resolution
Co-Authors Ending Solehudin Madani, Farid Mukhlas, Oyo Sunaryo Syahrul Anwar, Syahrul