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ANALISIS HUKUM EKONOMI SYARIAH TERHADAP PRAKTIK JUAL BELI PADA PRODUK BAIâ€™ AL-WAFAâ€™ DI BMT UGT SIDOGIRI CABANG BULAK RUKEM SURABAYA muchlis muchlis; Dian Berkah
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3919

ABSTRACTThe thesis entitled "Legal Analysis of Islamic Economics on the Practice of Buying and Selling at Bai 'Al-Wafa' Products in Bmt Ugt Sidogiri, Bulak Rukem Branch Surabaya, is motivated by the customer's need for money so that customers sell their valuables to BMT UGT Sidogiri to get money but in the sales process there is an agreement that the goods purchased by BMT UGT Sidogiri will be bought back at a certain time according to the agreement, there will be a sale and purchase contract for 'wafa'. This study aims to analyze the selling procedures for buying and selling procedures for bai 'al-wafa' products at BMT UGT Sidogiri, Surabaya Bulak Rukem branch and for analyzing problems regarding Sharia Economic Legal Analysis on the practice of buying and selling on bai 'al-wafa' products at BMT UGT Sidogiri, Bulak Rukem Surabaya branch.The research method used in this study is a qualitative field research method, which is sourced from research informants obtained at the time of conducting research at Jokotole Pamekasan Syariah Pawnshop and supported by data that can be strengthened by literature as a supporter. This research is descriptive qualitative, using data collection techniques through interviews, observation, and documentation. The approach used is juridical sociology which is then analyzed using inductive thinking patterns.Based on the results of research in the field related to Sharia Economic Legal Analysis of the practice of buying and selling on bai 'al-wafa' products at BMT UGT Sidogiri, Surabaya's Bulak Rukem branch was preceded by a survey process by BMT UGT Sidogiri to customers to ensure the feasibility of using bai 'wafa products 'Then after getting the agreement, the customer submits several requirements for' wafa 'who are asked to be able to sell their valuables to get money. The BMT UGT Sidogiri calculates ujrah costs because the items they buy will be rented back to customers some time until customers can buy back the valuables that they have sold to BMT UGT Sidogiri, Bulak Rukem Branch, Surabaya. the practice of buying and selling on bai 'al-wafa' products in BMT UGT Sidogiri, Bulak Rukem Surabaya branch, the procedure is in accordance with Islamic law both described in the Qur'an, hadith, muamalah fiqh, KHES and DSN-MUI fatwa. However, in the process of handing over the goods in contradiction with Al-in'iqad and Article 76 KHES in terms of the delivery of goods because the goods sold by customers do not exist in the contract periÂ Key Word : Islamic Economics, Practice of Buying and Selling, Bai 'Al-Wafa'.

PENGARUH TINGKAT MINAT PEGAWAI PENGADILAN AGAMA BOJONEGORO TERHADAP KEPUTUSAN BERTRANSAKSI DI BANK SYARIAH MANDIRI BOJONEGORO yunistira fauziah
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3940

ABSTRACTÂ The purpose of this study is 1) to determine the level of interest of Bojonegoro Religious Court Employees to transact with Bojonegoro independent Islamic banks 2) to find out what factors influence the level of interest of Bojonegoro Religious Court employees regarding transaction decisions at Bank Syariah Mandiri in Bojonegoro. This research was conducted with a population of 47 respondents. Data were collected using a questionnaire in the form of a list of statements. The data analysis technique used is multiple linear regression analysis using the SPSS program version 23.0.Based on the results of multiple linear regression analysis obtained F value of 27,647 with a significant level of 0,000 (less than 0.05) which means that simultaneously the perception factor of ease of transaction, the perception of benefits and the perception of trust factors have a significant influence on the level of interest Bojonegoro Religious Court employees to make a decision to transact with Bank Syariah Mandiri Bojonegoro. The coefficient of determination = 0.659 means that 65.9% of the interest level of employees of the Bojonegoro Religious Court to make a transaction decision at the Syariah Mandiri bank Bojonegoro is influenced by the three factors mentioned, namely 1) Perception factor Ease of transactions 2) Perceptions of benefits 3) Perceptions of trust factors, whereas the remaining 34.8% is influenced by other factors beyond those three factors, namely perceptions of ease, perceptions of benefits and perceptions of trust. The t-value of the variable perceptions of ease (X1) is 2.621 with a significance level of 0.012 (smaller than 0.05). The t value of the calculated benefit perception variable (X2) was 2.362 with a significance level of 0.023 (smaller than 0.05). T value of the calculated variable trust perception (X3) of 2.140 with a significance level of 0.038 (smaller than 0.05)Â Keywords: minat transaksi, bank syariah, bank syariah mandiri bojonegoro

IMPLEMENTASI PRINSIP WADIAH PADA BANK SAMPAH SYARIAH MANDIRI SUMRINGAH NGAMPELSARI KECAMATAN CANDI KABUPATEN SIDOARJO ika karlina
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3915

ABSTRACTThis study aims to provide a description of the Implementation of the â€œSumringahâ€ independent sharia Â waste bank in Ngampelsari Village, Candi District, Sidoarjo Regency. At the same time to explain that the â€œSumringahâ€ independent sharia Â waste bank is in accordance with the Wadiah Principles.This research uses qualitative research methods with data analysis using descriptive data analysis to describe the reality of the implementation of the wadiah contract in the implementation of the "Syariah Mandiri" Waste Bank in Ngampelsari Village, Candi District, Sidoarjo Regency.The implementation of the Mandiri Syariah Waste Bank is according to the Management of the Waste Bank. Also according to the Law and Regulations nowdays. â€œSumringahâ€ independent sharia Â waste bank is according to the Standard of waste bank managements. And if viewed from the Application of Wadiah Principles related to the Implementation of â€œSumringahâ€ independent sharia Â waste bank, it has fulfilled the elements contained in the wadiah provisions. Such as, there is a statement to bind oneself, there are parties who are mindful and there is an object of contract. In the work mechanism of the independent sharia garbage bank, it is already offering (ijab) and acceptance (qabul), there are parties who contract, can use the original guardian who qualifies to be a representative. The wadi'ah object in the independent sharia waste bank is also clear and well-known by its owners and depositors.The assets that are deposited are also prices that can be physically owned. Such as the money from the sale of garbage. Perpetrators in independent sharia waste banks are also capable of law, baligh and are able to keep and maintain safe keeping. However, there are things that need to be considered in the application of this Wadia principle, such as the transparency on the agreement sheet that the parties agree to bind themselves in the wadiah contract as outlined in writing. In order to the Customer knows that the Customer Savings is related to the Wadiah contract.Â Keywords : Wadiah, Islamic Waste Bank

PENERAPAN AKAD GADAI DALAM PRAKTEK PEMBELIAN BARANG LELANG KREDIT PERSPEKTIF HUKUM EKONOMI SYARIAH (Studi Kasus di Pegadaian Syariah Jokotole Pamekasan) Rina Tri Puspita Sari
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3891

ABSTRACTThe thesis entitled "Application of Pawn Contracts in Goods Purchasing Practices for Sharia Economic Law Perspective Credit Auction" (Case Study in Jokotole Pamekasan Syariah Pawnshop) is motivated by the sale and purchase of credit system gold auction items with the condition that the items purchased are deposited in Jokotole Pamekasan Sharia Pegadaian as collateral and processed as sharia mortgage in general because the goods purchased by the customer are goods belonging to the Jokotole Pamekasan Sharia Pawnshop that he bought with debt. This study aims to analyze the procedures for the application of the mortgage agreement in the practice of buying credit auction items at Jokotole Pamekasan Syariah Pawnshop and to analyze the application of the mortgage agreement in the practice of purchasing goods auctions for Islamic Economic Law Perspective CreditThe research method used in this study is a qualitative field research method, which is sourced from research informants obtained at the time of conducting research at Jokotole Pamekasan Syariah Pawnshop and supported by data that can be strengthened by literature as a supporter. This research is descriptive qualitative, using data collection techniques through interviews, observation, and documentation. The approach used is juridical sociology which is then analyzed using inductive thinking patterns.Based on the results of research in the field related to the Application of Mortgage Contracts in the Practice of Purchasing Credit Auction Goods beginning with the auction process of gold collaterals that have matured in public then auction sales with conditional credit with the mortgage system, the goods purchased by customers are requested to be deposited at Pegadaian Syariah Jokotole Pamekasan as a guarantee to obtain debt, the procedure is exactly the same as the gold mortgage procedure in general. The application of the Pawn Agreement in the practice of buying auctions of credit is part of the procedure in accordance with Islamic law both described in the Qur'an, hadith, muamalah fiqh, KHES and DSN-MUI fatwa but there are some procedures that are contrary to the applicable rules . Moreover, this system is more socialized in the community because it can make it easier for people to get gold as a long-term investment with a credit system.Â Key Word : Pawn Contracts, Goods Purchasing Practices, and Sharia Economic Law.

TINJAUAN HUKUM ISLAM TERHADAP PRAKTIK INVESTASI BERBENTUK ARISAN (Studi Kasus pada Komunitas Yudâ€™s Money Machine di Surabaya) saiful sulum
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3923

AbstrakField research was conducted at the Yudâ€™s Money Machine community in Surabaya with the aim at answering how investment practices based on arisan systems are owned by the community of Yudâ€™s Money Machine in Surabaya, as well as Islamic perspective regarding such investment practices.The method used in this study is a qualitative method, i.e. a research paradigm to describe events, phenomena, behavior of people or situations in a particular place in detail and in-depth in the form of narration. This type of research is field research. As for the approach used there, it is is a case study namely a qualitative approach that examines certain "cases" in the context or arrangement of contemporary real life. Case studies are a type of in-depth research about individuals, one group, one organization, one activity program, and so on for a certain period of time. Data is collected by observation, interview and documentation techniques.The results of this study found that investment practices based on arisan systems in the community of Yud's Money Machine in Surabaya showed that the investment proceeds were very large, namely seventy-five percent of the capital paid in accordance with the contract set at the beginning of the contract regardless of the risk that would occur in the future. Because the most important thing in the investment transaction based on the arisan system is that it is only a very large profit, the element of seeking profit as much as possible and the determination of profit at the beginning of the contract is contrary to the investment system in Islam. It is because basically investment profits may not be set at the beginning of the contract because humans cannot know exactly what will happen in the future and this violates the nature that Allah has established, because only Allah Allah SWT will know what will happen in the future. Therefore, in the practice of investment transactions which is based on the arisan system in the community of Yudâ€™s Money Machine in Surabaya, there are elements of usury fadl although the purpose is for the common good and providing help for members. It is not justified to take advantage in a way that is prohibited and contrary to Islamic law.Keywords: Islamic Law, Investment, Arisan.

PENERAPAN KONSEP MUSÃ‚QAH DALAM PENGELOLAAN PERKEBUNAN TIDAK BERBUAH (Studi Kasus Di Desa Prayungan Kecamatan Sumberrejo Kabupaten Bojonegoro) chamim tohari
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3945

AbstractÂ This study discuss about the application of the concept of musÃ¢qah in Islamic law to the management of plantations or trees that are not fruitful. What is meant by non-fruiting tree plantations are limited by teak and bamboo trees only. The chosen research location is Prayungan Village, Sumberrejo District, Bojonegoro Regency. Because in the village the practice of plantation cooperation is still practiced by residents. The questions problems that want to discovered its answers in this study include: (1) How is the concept of musÃ¢qah in Islamic law? And (2) How does the application of the concept of musÃ¢qah in the management of plantations not bear fruit in Prayungan Village, Sumberrejo Subdistrict, Bojonegoro Regency? This research is a field research, therefore, in obtaining data the author uses interviews and direct observation methods at the research location.The results of this study include: (1) MusÃ¢qah is a part of muamalah fiqh where in this transaction a garden owner enters into an agreement on the management of his estate with the cultivator of the garden as the person who is obliged to care for, maintain and maintain the garden to produce fruit for harvest, and yield harvest from the garden is divided between the owner and the cultivator in accordance with the conditions stated during the contract. If the garden that is kept in the form of a garden that does not bear fruit, then the provisions for the production are determined based on the contract agreed by the two parties between the owner of the garden and the manager of the garden. (2) When viewed based on Islamic law, the practice of plantation cooperation carried out by Prayungan villagers regarding the maintenance of teak trees and bamboo trees is in line with the concept of musÃ¢qah in Islamic law.Â Keywords: MusÃ¢qah, Teak, Bamboo, Wages, Profit Sharing.

PELAKSANAAN EKSEKUSI HIPOTIK DI PENGADILAN AGAMA MENURUT HUKUM EKONOMI SYARIAH (ANALISIS PUTUSAN PENGADILAN AGAMA SURABAYA NOMOR : 005/PDT.EKS/2018/PA.SBY) rusmin rapi; Isma Swadjaja
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3892

ABSTRACTThe Religious Court has an important role in the settlement of disputes between the Islamic financial institution and its customers. As the case in the Surabaya Religious Court Number: 005 / Pdt.Eks / 2018 / Pa.Sby, where there was a dispute between PT. Bank BRI Syariah Tbk. as a creditor with PT. Eka Nusa Bahari as the debtor who has defaulted. The formulation of the problem of this research are: First, how is the execution based on sharia economic law in Indonesia and Second, how is the execution in the Surabaya Religious Court in the Sharia Economic Law dispute whether it is in line with Islamic legal principles.This study uses qualitative research methods with a normative juridical approach, namely by using the statutory approach. Normative juridical research, in accordance with the unique character of legal science, lies in the study of the law or legal study of positive law.Based on the results of analysis and research related to the Establishment of the Surabaya Religious Court Number: 005 / Pdt.Eks / 2018 / Pa.Sby, it can be concluded that the implementation of execution based on sharia economic law in Indonesia is the authority of the Religious Court, both in the form of Mortgage, Fiduciary and Mortgage Rights . And the execution in the Surabaya Religious Court in Islamic economic disputes is in line with the principles of Islamic law and in accordance with applicable laws and regulations, but it is expected that the need for higher legal rules, equal to the laws governing the implementation of sharia economic activities in particular mortgage guarantees so that customers as consumers get protection and the Islamic Bank gets a strong legal basis in carrying out its activities.Keywords: Execution, Mortgages, Sharia Economy

EKSEKUSI KAPAL MOTOR AKIBAT WANPRESTASI PEMBIAYAAN MUSYARAKAH DI PENGADILAN AGAMA GRESIK PERSPEKTIF HUKUM EKONOMI SYARIAH (Analisis Penetapan Eksekusi Pa.Gresik Nomor : 005/Pdt.G/Eks/2017/Pa.Gs.) Atiqotul maula alfarihah; Abd Hadi
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3913

ABSTRACTÂ Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Thesis entitled "Execution of Motorboats as a Result of Musharaka Financing Failure in Religious Court of Gresik in the Perspective of Islamic Economic Lawâ€œ (Analysis of the Execution Establishment in the Religious Court of Gresik Number : 005/Pdt.G/Eks/2017/PA.Gs.) is deliberated by the presence of an Execution that is carried out in the Religious Court of Gresik based on the Mortgage Deed Grosse Number : 572/2013 on November 7th, 2013 that hold an oath with the sentence "For Justice Based On Belief In The One and Only God" which was released by the Ministry of Directorate General of Sea Transportation, Batam Port Office, in the form of mortgage level I Debt Repayment with the cost of Rp.27.500.000.000,- .The research method used in this research is field research that has qualitative traits, which resourced from research informant that was collected while doing the research in the Religious Court of Gresik and was supported with a data that could be enhanced with literatures as an upholder. This research is qualitative descriptive, using interview, observation, and documentation data collecting technique. The approaching method used on this research is sosiological juridical which kater analyzed using inductive mindset.Based on the analysis result and related researches on Execution of Motorboats as a Result of Musharaka Financing Failure in Religious Court of Gresik in the Perspective of Islamic Economic Law, analysis of the Execution Establishment in the Religious Court of Gresik Number : 005/Pdt.G/Eks/2017/PA.Gs., evaluating based on Constitutional Law Number 3, Year of 2006 about the modification upon Constitutional Law Number 7, Year of 1989 about Religious Court, Constitutional Law Number 50, Year of 2009 about the second modification upon Constitutional Law Number 7, Year of 1989 about Religious Court, Supreme Court Law Number 2, Year of 2008 about Islamic Economic Laws Compilation, Constitutional Law Number 21, Year of 2008 about Islamic Banking and the Statute Book of Trading Laws, it can be concluded that the execution implementation based on islamic economic laws in Indonesia is under the authority of the Religious Courts. And the execution implementation in the Religious Court of Gresik with the basis of Mortgage Deed Grosse is already in accordance with the Islamic Economic Dispute Laws and the Constitutional Laws.Keywords : Execution, Financing Failure, Musharaka, Islamic Economic Law, Religious Court of Gresik

Konsep Keseimbangan Ekonomi Pada Mekanisme Pasar dan Penetapan Harga dalam Perspektif Ibnu Khaldun nur rahmawati
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3946

AbstractUnstable price fluctuations in the market have an impact on the crisis, in these conditions the government is required to present. But the presence of the government is not only the main way to out from the crisis, because the presence of the government is only one of four factors that can influence the functioning of the market mechanism. One of Islamic thinker who has an idea of market mechanisms and price fixing is Ibn Khaldun. One of his books that studies market mechanisms is the Muqoddimah. In the book of MuqaddimahIbn Khaldun wrote a special chapter discusses the mechanism of prices on the market, that chapter is titled â€œthe prices in the cityâ€.This article studies about Ibn Khaldun's Islamic Economic Thought, especially about market mechanisms and pricing in Islam. After analyzed, the authors conclude that according to Ibn Khaldun there are four factors that influence the process of the market mechanism: 1). Price Theory 2). Value Theory 3). Work Specialization 4). Country. While the price determination of Ibn Khaldun argues: 1). The government are not advised to intervene the market price, because it will have an impact on the market price instability. 2). Regarding to the Supply and Demand, Ibnu Khaldun argued that: The supply of staples for a big cities residents is much greater than the supply of staples for small cities residents. As for demand, Ibn Khaldun said: â€œIf a city develops and its population increases, so people will prosper, then it will cause an increase in demand for goods, and consequently the prices will riseâ€.Â Key Word: Economic Balance, Market Mechanisms, Pricing and Ibn Khaldun

PENERAPAN HUKUM KONTRAK PADA USAHA ASURANSI SYARIAH MENURUT FIKIH MUAMALAH (Studi di PT Asuransi Takaful Keluarga Cabang Malang) choliq subekti
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3925

ABSTRACTThis study aims to describe and analyze the problem of applying contract law and engagement law in sharia insurance business according to Muamalah fiqh. The focus of the study is the discussion of three things, namely the mechanism of making contracts (contracts) between sharia insurance companies and customers, the factors that cause the abolition of an agreement and its legal consequences, and how to resolve disputes if one party between the company and the customer does default. The chosen research location is PT Syarikat Takaful Indonesia Malang Branch. The results of this study indicate that there are several contracting mechanism (contract) between PT Syarikat Takaful Indonesia and prospective customers, the things that become a factor of the cancellation of the agreement, and if there is a dispute between the customer and the company, then two methods of settlement can be taken, namely non-litigation and litigation methods.Â Keywords: Law of Engagement, Sharia Insurance, Mu'amalah Fiqh

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