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Justisia Ekonomika
Published by Universitas Muhammadiyah Surabaya
ISSN : 25985043     EISSN : 2614865X     DOI : https://doi.org/10.30651/justeko.v7i2
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Articles 24 Documents
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Search results for , issue "Vol 3 No 1 (2019)" : 24 Documents clear
Penyelesaian Sengketa Akad Pembiayaan Murabahah Menurut Hukum Ekonomi Syariah (Analisis Putusan Pengadilan Agama Mataram Nomor 0508/PDT.G/2016/PA.MTR Hosen, Mohammad
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 1 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i1.2933

Abstract

This research discusses the Decision of the Mataram Religious Court Number 0508/Pdt.G/2016/PA. Mtr on how the judges resolved the issue of the dispute over the murabahah financing contract in the Mataram Religious Court. In analyzing the problem the author uses the theories of Islamic Economic Law as the basis of the analysis. the main issues that will be answered through this research include: (1) What is the judge's decision in case number 0508/Pdt.G/2016/PA. Mtr concerning the settlement of disputes in murabahah financing contracts according to the theory of Islamic Economics Law? (2) How is the judge's decision in case number 0508/Pdt.G/2016/PA. Mtr concerning the settlement of disputes in murabahah financing contracts according to the principle of justice in Sharia Economic Law? When viewed from the method of data collection, this type of research includes the type of library research because the data collection techniques that the authors chose in this study is techniques of collecting data through the documentation method. In analyzing the data the author uses a comparative approach to compare the practice of banking contracts - which in this study are the problems of murabahah and musyarakah financing contracts - as stated in the decisions of the Mataram Religious Court judges in accordance with the contract theory regulated in sharia economic law.The results of this study are: (1) Procedure for settling a dispute case in murabahah and musyarakah contracts carried out by the of judges through their decision Number 0508/Pdt.G/2016/PA. Mtr along with the contents of the decision according to the author in accordance with the rules stipulated in Sharia Economic Law. That is because the dispute resolution carried out by the judges is carried out based on legal rules in Sharia Economic Law, namely the rules for resolving sharia economic disputes contained in Law Number 21 of 2008 concerning Islamic Banking Article 55, Law Number 48 Year 2009 concerning Judicial Power Article 16 paragraph 2, Supreme Court Regulation Number 2 of 2008 concerning Compilation of Sharia Economic Law Article 133, and DSN-MUI Fatwa Number 4 concerning Murabahah, Number 8 of 2000 concerning Musyarakah Financing, and Number 47 concerning Settlement of Murabahah Receivables for Customer Can't Pay. (2) Decision of the judges in Case Number 0508/Pdt.G/2016/PA. Mtr Concerning Settlement of Murabahah Financing Contract Disputes according to the author in accordance with the principle of justice in Sharia Economic Law. Keywords: Contract, Murabahah, Musyarakah, Law, Sharia Economy. 
Pengelolaan Hotel Syariah Menurut Fatwa DSN-MUI Nomor 108 Tahun 2016 Tentang Pedoman Penyelenggaraan Pariwisata Berdasarkan Prinsip Syariah (Studi Kasus di Hotel Ratna Syariah Kota Probolinggo) Hillyah Sadiah, Hillyah
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 1 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i1.2934

Abstract

This study examines about how the operation of the Ratna Syariah Hotel from its product, service, and management aspects according to the DSN-MUI fatwa and the principles of Sharia Economic Law which include the principles of tauhid, the principle of justice, the principle of ta'awun (help), the principle of khilafah, and the principle of maslahah. This research is limited to the following problems: (1) How are sharia-based products, services, and management carried out by Hotel Ratna Syariah in the City of Probolinggo according to the DSN-MUI fatwa on Guidelines for Implementing Sharia-Based Tourism Principles? (2) How are sharia-based products, services and management implemented by Hotel Ratna Syariah in the City of Probolinggo according to the Principles of Sharia Economic Law? This type of research is field research, namely research activities conducted at Ratna Syariah Hotel located in the city of Probolinggo. To understand and analyze the object under study, several approaches are used as follows: (1) Legislative approach, meaning that the operational implementation of Sharia Ratna Hotels in the city of Probolinggo will be analyzed intensively, deeply, in detail and comprehensively based on the legal regulations governing this matter is the DSN-MUI fatwa and also Islamic sharia principles. The data collection technique is done by interview, observation, and documentation.The results of this study are: (1) In general, the products offered are in accordance with DSN-MUI fatwa Number 108 of the third section which contains general principles of sharia tourism administration, and also the fifth section which contains provisions related to sharia-based hotel management which includes provisions regarding products in sharia hotels; the services provided are in accordance with the fifth part of DSN-MUI fatwa, which contains the provisions related to sharia-based hotel management which include provisions regarding products and services, except the seventh point which regulates that sharia hotels must use the services of Islamic Financial Institutions in performing services ( financial transactions); and the management carried out by the Hotel Ratna Syariah is in accordance with the third part of the DSN-MUI fatwa, which contains the general principles of implementing sharia tourism; the fourth part which contains the contract provisions that must be used in the implementation of the sharia tourism business; and the fifth part which contains provisions related to sharia-based hotel management which includes provisions regarding products, services, and operations, except point six in this section; (2) the operationalization of products, services, and management of Sharia Ratna according to the results of the research of the author in accordance with the principles in Sharia Economic Law which includes the principles of tauhid, the principle of justice, the principle of ta'awun (help), the principle of khilafah, and principles maslahah. Keywords: Sharia Hotels, Fatwas, DSN-MUI, Sharia Principles, Sharia Economic Law.
Implementasi Akad Murabahah Pada Produk Pembiayaan Kredit Pemilikan Rumah (KPR) di Bank Syariah Mandiri KC Bojonegoro Menurut Hukum Ekonomi Syariah Muhtarom, Anis
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 1 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i1.2960

Abstract

This study discusses about how the implementation of the murabahah bil wakalah contract theory on mortgage products in the Bank Syariah Mandiri KC Bojonegoro is seen from the perspective of Sharia Economic Law. The scope of this research is limited to the following issues: (1) How is the implementation of the murabahah contract on mortgage loans in Bank Syariah Mandiri KC Bojonegoro? (2) How is the implementation of the murabahah contract on mortgage loan products in the Bojonegoro KC Mandiri Syariah Bank according to the Sharia Economic Law? This research includes the type of field research. Because this research was conducted at Bank Syariah Mandiri KC Bojonegoro. This research is a qualitative descriptive study because in this study the author will focus the discussion on legal facts in the form of the implementation of financing between banks and customers with murabahah contracts which will then be continued with a comparative analysis of the legal facts referred to as sharia economic law theories. This is intended to test the compatibility between legal theory and the legal practice in question.The results of this research include: (1) The mechanism that must be taken to be able to receive financing for Public Housing Loans from Bank Syariah Mandiri KC Bojonegoro, is carried out through predetermined stages including: (a) submission; (b) BI checking / IDeb (debtor information); (c) the implementation of collateral estimates; (d) determination of ceilings; (e) Imputing data into a computer system; (f) approval of the official for mortgage loans; (g) Issuance of SP3 (Letter of Notification of Financing Approval); (h) Implementation of the contract which is attended by prospective customers, banks and notaries; (i) Disbursement. As for the agreements made between prospective customers and banks, there are elements as follows: (a) Contracting parties; (b) Sighat or iqab qabul akad murabahah; (c) Contract object. The object of the contract referred to in the housing loan product is a new or used house; (d) Nature of contract. Agreements are made clearly, both concerning objects, ceilings, time periods, contract places, financing nominal, margin obtained by the bank, and principal installments. In the event of default or bad credit where the customer is late in paying the installments, the bank's contribution will take the following steps: (a) Intensive billing; (b) Provision of Warning Letters 1, 2 and 3; (c) A restructuring offer (if the customer is pleased), ie installments are adjusted to the customer's ability and large at the end; (d) Voluntary guarantee selling offers; (e) Guaranteed auction. In a condition where the customer is not willing to carry out a contract restructuring, the bank offers that the auction of assets is a guarantee of the akah murabahah. As for the auction, the bank cooperates with a secret auction agency. (2) The implementation of housing loan financing with a murabahah contract in Bank Syariah Mandiri KC Bojonegoro is not in accordance with Sharia Economic Law originating from Law Number 21 of 2008 concerning Islamic Banking, MA Regulation Number 2 of 2008 concerning Compilation of Sharia Economic Law and DSN-MUI fatwa Number 4 of 2000 concerning Murabahah. Keywords: Contract, Murabahah bil Wakalah, KPR, BSM, Sharia Economic Law. 
Kajian Undang-Undang Perlindungan Konsumen dalam Perspektif Hukum Islam Yusri, Muhammad
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 1 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i1.2963

Abstract

The birth of Consumerism Protection Law (UUPK) is meanthas a porpuse to protect consumer in every business activity from many deceitfull whom did by producers and other businessmen. The moslem jurists were admitted that in UUPK have been containing the business ethics substantions that are appropriate with spirit in Islamic teachings. However, as a human law product, UUPK is not loose from some deficits. The deficits will appear clearly when several paragraphs in UUPK compared with philosophical principles in Islamic law. And, this research intended to see how far relevance UUPK towards the maslahat's spirit in Islamic law. Key Word : UUPK, Etika Bisnis Islam, Maslahat.

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