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All Journal Et-Tijarie: Jurnal Hukum dan Bisnis Syariah Jurnal al-Ulum : Jurnal Pemikiran dan penelitian ke-Islaman Ad-Deenar: Jurnal Ekonomi dan Bisnis Islam As-Syar'i : Jurnal Bimbingan & Konseling Keluarga Jurnal Ekonomi Pringgitan Indonesian Economic Review Accounting Journal of Ibrahimy (AJI) Journal of Management, Accounting, and Administration Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah
Rudi Hermawan
Fakultas Keislaman, Universitas Trunojoyo Madura
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PRAKTIK SEWA MENYEWA POHON JERUK DI DESA PANDANSARI KECAMATAN PONCOKUSUMO KABUPATEN MALANG PERSPEKTIF AKAD IJARAH M. Ainun Wakhit; Rudi Hermawan
Accounting Journal of Ibrahimy (AJI) Vol 3 No 2 (2025): Oktober
Publisher : Program Studi Akuntansi, Fakultas Ilmu Sosial dan Humaniora, Universitas Ibrahimy Situbondo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/aji.v3i2.7696

Abstract

This study discussed the practice of renting orange trees in Pandansari Village, Poncokusumo District, Malang Regency, viewed from the perspective of the ijarah contract in Islamic law. This practice had been going on for generations, but it caused problems such as unclear contracts, uncertainty of harvest results, and agreements that are only made verbally. The method used was qualitative descriptive with a normative approach. Data were collected through interviews with orange orchard owners and tenants, as well as community leaders, then analyzed based on the principles of the ijarah contract according to Islam. The results of the study indicated that the practice of renting in the village is not fully in accordance with the ijarah contract. The object of the lease was the harvest (fruit), not the benefits of the tree, and there was an element of uncertainty (gharar) that can harm the tenant. In addition, all risks were borne by the tenant and there was no written agreement. Therefore, this contract was more appropriate if replaced with a musaqah or muzara'ah contract that was in accordance with sharia and was fair for both parties.
Legal Protection of Minority Shareholders in Good Corporate Governance at Bank Syariah Indonesia Nur Rodiyah; Rudi Hermawan; Ahmad Musadad
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 11 No. 1 (2026)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/p7j7vj12

Abstract

This study examines the legal protection of minority shareholders at Bank Syariah Indonesia (BSI) and evaluates the implementation of Good Corporate Governance (GCG) in ensuring fair, transparent, and Sharia-compliant corporate governance. The study employs a normative-empirical legal approach by analysing Law Number 40 of 2007 concerning Limited Liability Companies, Law Number 21 of 2008 concerning Islamic Banking, OJK regulations, GCG principles, and relevant legal literature, supported by observation and interviews at BSI Bangkalan Branch. The findings show that minority shareholder protection has been normatively recognized through several concrete rights, including the right to obtain corporate information, attend and vote in the General Meeting of Shareholders, file objections, initiate legal action, request company audits, and exercise appraisal rights when corporate actions are detrimental. However, the implementation of these rights remains suboptimal due to the dominance of majority shareholders under the “one share one vote” mechanism, limited access to strategic information, and the insufficient effectiveness of Independent Commissioners, supervisory committees, and the Sharia Supervisory Board. From a Sharia law perspective, GCG at BSI should not be understood merely as formal regulatory compliance, but as an integrated framework combining OJK regulations, corporate governance mechanisms, and Islamic values such as justice, trustworthiness, transparency, accountability, and protection of wealth. This study recommends strengthening regulatory enforcement, information disclosure, minority shareholder participation, and Sharia-based supervision to create a more equitable and accountable Islamic banking governance system.
Co-Authors AA Sudharmawan, AA Ach. Muzamzil Adiyono Afifah Al Rosyiidah Ahmad Musadad Amaliyah Fadhillah Rohmah Laili Nur Qomariyah M. Ainun Wakhit Nur Rodiyah Shinta Nur Alifia Siti Masriyah Yunita Insani