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Devid Frastiawan Amir Sup
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Al-Iktisab: Journal of Islamic Economic Law
Published by Universitas Darussalam Gontor
ISSN : 25804251     EISSN : 2615661X     DOI : -
Core Subject : Economy, Social,
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Al-Iktisab: Journal of Islamic Economic law is a peer reviewed journal published by University of Darussalam (UNIDA) Gontor. The journal is semi-annual journal issued on May and November. The aims of the journal is to explore and develop economics related to Islamic laws that cover issues both from Indonesia and overseas. Moreover, the editor accepts final manuscripts that have not been sent to other journal for publication. Those interested in subscribing to the Journal, advertising in the Journal, submitting manuscripts to the Journal, or otherwise communicating with the Journal, should contact at aliktisab@unida.gontor.ac.id.
Arjuna Subject : Ilmu Ekonomi, Ekonometrika dan Keuangan (semua kategori) - Ilmu Ekonomi, Ekonometrika dan Keuangan (Lain-Lain)
Articles 7 Documents
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Search results for , issue "Vol. 8 No. 2 (2024)" : 7 Documents clear
Pandangan Fiqh Muamalat terhadap Upah Nazhir dalam UU No 40 Tahun 2004 Reyhan, Muhammad; Aziz, Muhammad Abdul; Sup, Devid Frastiawan Amir
AL-IKTISAB: Journal of Islamic Economic Law Vol. 8 No. 2 (2024)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/aliktisab.v8i2.12809

Abstract

Nazhir is an important element to ensure the productivity of waqf assets. However, often the welfare of nazhir and transparency in waqf management are not given enough attention. In Law Number 41 of 2004, it is stipulated that in carrying out their duties the waqf nazhir is entitled to receive compensation from the results of managing waqf assets in the amount of no more than 10% (ten percent). However, whether this is in accordance with the principles of fiqh muamalat. And being able to support the sustainability of waqf management is something that must be endeavoured. So with the existence of these regulations, regulators must ensure that waqf management can continue properly. This research aims to explain fiqh muamalat analysis regarding the rights of waqf nazhir which have been written in Law Number 41 of 2004 through the views of several Ulama and find out how it is implemented by the Indonesian waqf board as the regulator. This research uses qualitative methods with a normative juridical analysis to study the rules and norms of positive law by combining sharia rules and positive law. The wage for waqf nazhir written in Law Number 41 of 2004 of 10% can be justified in the view of scholars if the wakif does not specify it in the waqf pledge. But there will be criticism regarding the feasibility of nazhir wages regulated in laws that are still very general due to differences in the size of waqf assets and the workload of each nazhir if we look back at the details of the waqf property.
Accelerating SDGs to Alleviate Poverty: Synergy Between National Amil Zakat Agency (BAZNAS) and Islamic Financial Institutions (IFI) Retnowati, May Shinta; Yusuf, M. Asror; Cahyani, Meitria; Hidayat, Iman Nur; Al Faruqi, Musta’an
AL-IKTISAB: Journal of Islamic Economic Law Vol. 8 No. 2 (2024)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/aliktisab.v8i2.12889

Abstract

The low level of progress in poverty alleviation in Indonesia is the responsibility of all elements of society. To achieve the realization of the success of the Sustainable Development Goals (SDGs) in 2030, it must be able to be realized. This is not limited to achieving rather than a target but also a need of each country. Through the collaboration of the National Amil Zakat Agency (BAZNAS) and Islamic Financial Institutions (IFI), it has great potential in realizing the goals of the SDGs to eradicate poverty. This type of research is qualitative with descriptive analysis. The results of the study show that Islamic financial institutions can function as potential partners of BAZNAS in providing a zakat collection platform that is easily accessible to the public. With the integration of Islamic financial services, such as internet banking and mobile banking, customers can easily distribute their zakat, infaq, and shadaqah through IFI.
Covid-19 Pandemic as an Event of Force Majeure in Agreements (Case Study of Indonesian Court Decisions) Fadlan, Mochamad Lailul; Fidhayanti, Dwi
AL-IKTISAB: Journal of Islamic Economic Law Vol. 8 No. 2 (2024)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/aliktisab.v8i2.12955

Abstract

The legal uncertainty regarding the categorization of the regarding whether or not the Covid-19 pandemic Covid-19 pandemic as a force majeure condition has led to inconsistent interpretations for those directly impacted by the situation. Therefore, considerations can be accepted as a reason for force majeure in agreements need further analysis, both in terms of written law and judicial practice. The objective of this research is to determine the legitimacy of the Covid-19 pandemic as force majeure condition and to describe the basis of the court’s reasoning in deciding whether the pandemic can be accepted as a valid reason for force majeure in contractual agreements. This research adopts a normative juridical methodology, utilizing a statue approach, case approach, and conceptual approach. The findings reveal that the Covid-19 pandemic may be considered as force majeure, provided that the debtor (in the contract) can demonstrate fulfillment of the force majeure criteria as stipulated in Article 1244-1245 of the Indonesian Civil Code, as well as the International Chamber of Commerce’s Force Majeure and Hardship Clauses. In practice, in determining whether the Covid-19 pandemic qualifies as force majeure, the court evaluates whether the following elements are satisfied, the event is unexpected (i.e., the Covid-19 pandemic), the event is beyond the debtor’s control, there is no element of negligence of intent, and there is good faith in the part of the debtor.
Analisis Maqāṣid al-Syarī’ah terhadap implementasi Bantuan Sosial (Bansos) Pangan terhadap Kesejahteraan Multidimensi di Indonesia (2020-2023) Risdayani, Risdayani; Isman, Isman; Hidayat, Syamsul; Yanuri, Yusuf Rohmat
AL-IKTISAB: Journal of Islamic Economic Law Vol. 8 No. 2 (2024)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/aliktisab.v8i2.12972

Abstract

This research project aims to analyze the effectiveness of food social assistance regulations in Indonesia on multidimensional welfare from the perspective of maqāṣid al-syarī’ah. This research employs a mixed-methods approach, integrating both quantitative and qualitative techniques. The quantitative methods include linear regression tests, while the qualitative methods comprise qualitative descriptive analysis. The findings of this research indicate that the food social assistance program, implemented from 2020 to 2023, had a negligible impact on multidimensional welfare indicators in Indonesia, including the unemployment rate, poverty, and the human development index. While the relationship between food social assistance and the Human Development Index (HDI) is relatively weak, there are indications that adequate food access can improve people's nutrition and health. When viewed through the lens of maqāṣid al-syarī’ah, which prioritizes the pursuit of beneficial outcomes, the implementation of food social assistance aligns with the principles of maqāṣid al-syarī’ah, namely the preservation of religion (hifdz al-dīn), the preservation of the soul (hifdz al-nafs), the preservation of reason (hifdz al-’aql), the preservation of property (hifdz al-māl), and the preservation of offspring (hifdz al-nasl). It is hoped that this research will provide guidance for the government in improving food social assistance and other policies for the benefit of the community in line with maqāṣid al-syarī’ah.
Settlement of Remaining Financing Due to Rejected Insurance Claims from the Perspective of POJK Number 69/POJK.05/2016 (Case Study at BPRS Puduarta Insani Medan) Siregar, Hotma Sari; Zahara, Fatimah
AL-IKTISAB: Journal of Islamic Economic Law Vol. 8 No. 2 (2024)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/aliktisab.v8i2.13021

Abstract

Insurance constitutes a risk transfer mechanism or a contractual agreement among multiple parties, wherein the insurer obligates itself to the insured by accepting a premium in exchange for compensation related to losses, damages, or anticipated profit losses. This research aims to identify the factors contributing to customer claim failures and to understand the resolution of issues faced by customers at BPRS Puduarta Insani Medan. The text subsequently details the resolution of the outstanding insurance claim payment financing that was denied at BPRS Puduarta Insani Medan, analyzed in accordance with POJK Number 69/POJK.05/2016. The author utilizes the empirical legal research method in this study, incorporating data collection techniques including direct interviews and observation within the company. This is subsequently presented as descriptive report. The customer's claim was unsuccessful due to their failure to comply with the pertinent legal provisions. BPRS Puduarta Insani Medan discovered that the customer had acted dishonestly by concealing their ailment from the bank when insuring themselves as a customer. The customer's claim failure at BPRS Puduarta Insani Medan was resolved as a consequence of data manipulation disguised as a health history letter. As a result, the bank and the heirs achieved an agreement that the payment would continue and be settled by the heirs, as it was not regulated in the agreement regarding the customer's demise. POJK Number 69/POJK.05/2016 has established a comprehensive framework for safeguarding the interests of financing companies and the heirs of customers when navigating delicate and intricate circumstances, such as the passing of a debtor. Heirs should carefully examine the financing agreement and the relevant insurance policy to confirm their obligations and rights in these circumstances.
Consumer Protection on the Trade of Stolen Goods at Marketplace in the Perspective of Maslahah Mursalah (Case Study at Facebook Marketplace) Syafiq, Muhammad; Hasanah, Uswatun
AL-IKTISAB: Journal of Islamic Economic Law Vol. 8 No. 2 (2024)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/aliktisab.v8i2.13033

Abstract

Trading stolen goods on online platforms, such as Facebook marketplace, is a serious consumer protection issue. This research aims to determine the implementation of forms of trading in stolen goods on the Facebook marketplace, forms of legal protection for consumers, as well as consumer protection against trading in stolen goods from the perspective of maslahah mursalah. This research uses empirical (juridical analysis) and qualitative research methods, where this research uses empirical facts and laws. The research results show that trading in stolen goods on Facebook marketplace includes various types of goods with legal risks for perpetrators and consumers. Existing legal protection, based on the Information and Electronic Transactions Law (ITE Law) and the Criminal Code (KUHP), provides the basis for taking action against perpetrators of trafficking in stolen goods and protecting consumer rights. From maslahah mursalah perspective, consumer protection emphasizes justice and public benefit, as well as avoiding detrimental transactions. This research emphasizes the importance of legal and ethical awareness in online transactions to prevent and deal with trafficking in stolen goods.
Legal Consequences on the Loss of Collateral at Setia Budi Islamic Pawnshop Medan City from the Perspective of Maslahah Mursalah Azzahra, Vita; Tarigan, Tetty Marlina
AL-IKTISAB: Journal of Islamic Economic Law Vol. 8 No. 2 (2024)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/aliktisab.v8i2.13327

Abstract

The loss of collateral items in Islamic pawnshop raises several legal consequences that need to be managed to remain it in accordance with sharia principles and public welfare. This research aims to examine the legal consequences on the loss of collateral at Setia Budi Islamic pawnshop Medan city from the perspective of maslahah mursalah. This research used qualitative method, field research, with empirical research. The results, the loss of collateral items in Islamic pawnshop can lead to legal disputes between the pawnshop and customers, and the application of maslahah mursalah principles can provide solutions to these disputes. The application of maslahah includes the protection of customers' property rights, maintaining the reputation and credibility of Islamic pawnshop, and enhancing public trust. This research shows that the responsibility provided by Setia Budi Islamic pawnshop Medan city is in accordance with Islamic law, which states that the liability in Islamic law is the lowest price or the debt price. Meanwhile, the Islamic pawnshop provides compensation of 5% of the estimated value of the item, not from the loan amount, so the compensation given by Islamic pawnshop is sufficient to cover the losses experienced by the customers. This shows that Setia Budi Islamic pawnshop Medan city are fully responsible for the collateral entrusted to Islamic pawnshop. Thus, this can provide a sense of security and comfort to customers who wish to use the services available at Islamic pawnshop.

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