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INDONESIA
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 4 No 1 (2020)" : 24 Documents clear
TINJAUAN YURIDIS TERHADAP PENYELESAIAN DAMAI PERKARA SEDERHANA EKONOMI SYARIAH (ANALISIS KASUS DI PENGADILAN AGAMA KEDIRI) Ahdiyat Ilmawan Nehru; dian berkah
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5245

Abstract

ABSTRACTThe objective will be accomplished in the title of the thesis is the author of the above is to find out if the peace process is going on, and the proceedings conducted against a simple matter of Economics Sharia Religious Courts in Kediri were in accordance with the provisions of the law that applies.This research uses the juridical normative approach i.e. researching secondary data or library material, then analyzed qualitative data analysis and results presented with descriptive method, namely by giving a picture in fact regarding the juridical review against a peaceful solution a simple matter of Economics Sharia Religious Courts in Kediri.Based on the results of the research on settlement matters simple economics Sharia Religious Courts in Kediri via the litigation has been in accordance with the provisions of the applicable law, both at the stage of registration, ranging from up to judge drop the verdict. But against the occurrence of the verdict form peacekeeping assignment given by judges in future trials, is not the peace that occurs on the basis of the presence of both parties with the bond Act of peace, but rather the onset of peace because the judge grant the plaintiff's petition to revoke the matter, this occurs after the judge listened to the description of the plaintiff who stated upfront trial that the Defendants had completed his charge to the plaintiff. Besides that the consideration of judge of dikabulkannya petition for annulment of case filed by the Plaintiff because during the trial, the defendants never attend and sent his Deputy, so over the verdict ... Keywords : Sharia Economic Disputes, Peace, Trial
STUDI KOMPERATIF ANTARA PENDAPAT IMAM SYAFI’I DAN IMAM MALIKTENTANG PENGAMBILAN BUAH POHON PADA BARANG GADAI TANAH (Studi di Kecamatan Guluk-guluk Kab. Sumenep) Mondzir Mondzir; Chamim Thohari
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5228

Abstract

ABSTRACT        This study entitled "a comparative study of Imam Syafi'i and Imam Malik's opinion on Taking Fruit Trees on Land Pawn Goods (Case Study in Guluk-guluk District, Sumenep Regency). The pawning party generally gives the pawn party the land with the fruit of the tree to the pawn recipient and must give the fruit of the tree to the pawn recipient until the pawner pays the debt.       The research method used in this study is the field research method (Case Study) also intended to study intensively about the background of the current situation, as well as the specific social unit environmental interactions that are (given).       The results of this study regarding the taking of fruit trees on earthly pawned goods carried out by the Guluk-guluk District community according to Imam Syafi'i the fruit of the tree is not part of the pawning goods (marhun bih) but the fruit is the property of the mortgaged person (ar-Raahin ). Meanwhile, according to Imam Malik, the law is permissible if it is used as a pawn condition. Key Words : ar-Rahn, ar-Rahin, al-Murtahin, al-Marhun, al-Marhun bih.
IMPLEMENTASI AKAD WADIAH DALAM PRODUK TABUNGAN DI BANK SYARIAH MANDIRI DAN TINJAUANNYA MENURUT HUKUM EKONOMI SYARIAH Rodiyah, Lulu; Hadi, Abd
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5224

Abstract

ABSTRACT\         Since Sharia Banking Law issued, Sharia bank is blooming and gaining the trust of people in Indonesia. This is showed by the increase of the number of the established Sharia bank in Indonesia. However, in their practice, these Sharia banks are not in accordance with Islamic law. They plagiarize usury principles from conventional bank and just translate it to Arabic language e.g. Sharia savings and Akad Wadiah.In principle, the foundation of this product is correct according to Fiqh due to its Wadiah base. However, in their implementation, Sharia bank may applies Wadiah Yad Dhamanah principle; whereas, Akad Wadiah Yad Dhamanah by name can’t be found in the classical Fiqh literature, and if this principle is further analyzed, two contradicting Akads which are forcibly combined will be found, i.e. Akad Wadiah and Akad Qard.This research is field research, where the researcher involved directly in the field or research object i.e. Bank Syariah Mandiri, Lamongan branch. The data is collected by observing and interviewing the management and the employee of Bank Syariah Mandiri, Lamongan branch, thus the collected data is the core of the research object which then analyzed using Qualitative Research method. The result shows that the application of Akad Wadiah in Bank Syariah Mandiri, Lamongan branch is using Wadiah Yad Dhamanah principle, which is not in accordance with the Sharia Economic Law. Keywords: implementation, Wadiah, Sharia Economic Law. 
IMPLEMENTASI AKAD QARDH DAN MURABAHAH DALAM PENGALIHAN PEMBIAYAAN (Studi Kasus pada PT. BPRS Mandiri Mitra Sukses Gresik) Husna, Miftahul; Wahjono, Sentot Imam
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5226

Abstract

 Researcher wanted to examine in detail the implementation of qardh and murabahah agreement in the transfer of financing (take over) conducted by PT. BPRS Mandiri Mitra Sukses Gresik Indonesia, to answer the question : How the implementation of qardh and murabahah agreement on the transfer financing practices in BPRS Mandiri Mitra Sukses Gresik ?, What is the difference of the implementation of qardh and murabahah agreement on the transfer financing practices in BPRS Mandiri Mitra Sukses Gresik ?, What are the constraints and supporting factors in the implementation of qardh and murabahah agreement ?In answering these problems used the type of qualitative research. The data collection techniques used in this study through methods of observation, interview (interview), and documentation. The data collected was compiled and analyzed using inductive thinking namely the mindset based on the facts in the field about the practice of taking over between the Conventional Financial Institution (LKK) and the bank of the Sharia Financial Institution (LKS), then linked with the qardh and murabahah theory in application take over.The result of the research that in the implementation of qardh and murabahah agreement in the transfer of financing with the purpose of taking over or transfer of financing at Bank Partners Syariah that is by the customer coming to Bank Partners Sharia to apply for taking over financing.The constraints of the implementation of qardh and murabahah agreement included the possibility of bad debts from customers and the history of customer data in SID BI that sometimes can hamper the implementation of taking over. While the supporting factors in the implementation of qardh and murabahah agreement included many fanatic customers to sharia, thus increasing the number of customers used sharia bank services, the products provided in the form of additional business capital, and ease of payment. Key words: utang piutang, take over, akad, the economic laws of Sharia.
ANALISIS AKAD MUSYARAKAH PADA PEMBIAYAAN MODAL USAHA BER AGUNAN EMAS DALAM PERSPEKTIF HUKUM ISLAM (Studi Kasus di PT BPRS Mandiri Mitra Sukses Gresik) salihen, nurus; Suaidi, Amran
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5227

Abstract

ABSTRACTIslamic financial institutions have a very large role in the development and growth of the Islamic community, especially in Indonesia in the modern industry. One of them in terms of Musyarakah financing in Islamic banking has been understood as a mechanism that can unite work and capital for the production of goods and services that are beneficial to society . As has been applied in PT BPRS Mandiri a successful partner where the musyarakah financing product uses a gold guarantee within a period of 4 (four) months, and the population is very interested in the customer. From here the authors are encouraged to conduct research on Musyarakah Contract Analysis on Gold Collateral Business Capital Financing in Islamic Law Perspective (Case Study at PT Bprs Mandiri Mitra Sukses Gresik.Based on the results of research at PT BPRS Mandiri Mitra Sukses in terms of financing gold collateral musharaka, it is known that customers are very happy because these residents can help u finance in the customer's business, i.e. in the case of direct funds, they can be disbursed quickly as needed. Then the procedures and requirements are also adjusted to the conditions for the musharaka contract. And not all customers can select the musyarakah financing facility selectively, the bank also provides provisions that only customers have businesses and financial reports. Musharaka financing system is very helpful for micro traders in the market. Key Word: Musyarakah contract, Gold Collateral Business Capital Financing, Islamic Law Perspective.
STUDI KOMPERATIF ANTARA PENDAPAT IMAM SYAFI’I DAN IMAM MALIKTENTANG PENGAMBILAN BUAH POHON PADA BARANG GADAI TANAH (Studi di Kecamatan Guluk-guluk Kab. Sumenep) Mondzir, Mondzir; Thohari, Chamim
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5228

Abstract

ABSTRACT        This study entitled "a comparative study of Imam Syafi'i and Imam Malik's opinion on Taking Fruit Trees on Land Pawn Goods (Case Study in Guluk-guluk District, Sumenep Regency). The pawning party generally gives the pawn party the land with the fruit of the tree to the pawn recipient and must give the fruit of the tree to the pawn recipient until the pawner pays the debt.       The research method used in this study is the field research method (Case Study) also intended to study intensively about the background of the current situation, as well as the specific social unit environmental interactions that are (given).       The results of this study regarding the taking of fruit trees on earthly pawned goods carried out by the Guluk-guluk District community according to Imam Syafi'i the fruit of the tree is not part of the pawning goods (marhun bih) but the fruit is the property of the mortgaged person (ar-Raahin ). Meanwhile, according to Imam Malik, the law is permissible if it is used as a pawn condition. Key Words : ar-Rahn, ar-Rahin, al-Murtahin, al-Marhun, al-Marhun bih.
ANALISIS PUTUSAN PENGADILAN TINGGI AGAMA SURABAYA DALAM PERKARA GUGATAN EKONOMI SYARIAH TENTANG WANPRESTASI AKAD AL QARDH DAN AKAD IJARAH (STUDI KASUS PUTUSAN PERKARA NOMOR 0223/Pdt.G/2015/PTA.Sby) Prastyawati, Ummi Nurjannah; Wahab, Abdul
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5229

Abstract

ABSTRACTIn connection with the Sharia Economy referred to in article 49 of Law number 3 of 2006 letter (i) above, that Sharia Economy in actions or business activities carried out according to sharia principles. Then all sharia financing institutions and financial customers or conventional banks that open the sharia business sector, are naturally bound to sharia economic benefits.With the formulation of the problem: first, What is the main case number : 0223 / Pdt.G / 2015 / PTA.Sby Surabaya religious court about the breach of the Akad al Qardh and Akad Ijarah contracts, Second, What is the legal basis of the judges of the Surabaya Religion Court in decide the Islamic economic dispute case number : 0223 / Pdt.G / 2015 /PTA.Sby, Third, What is the decision of the Judge regarding the Al Qardh Akad Performance and Akad Ijarah in the Case Verdict Case Number : 0223 / Pdt.G / 2015 / PTA.Sby.By using the normative juridical descriptive research method which is an approach that uses a positivist juridical conception, namely that the law is identical to the written norm made by the authorities, so far the law has been made as a normative system that is autonomously closed and independent of people's lives. Based on the research results that are considered by Judges in the decision number : 0223 / Pdt.G / 2015 / PTA. By the source of the law used is Law number 7 of 1989 as amended by Article Law Number 3 of 2006 and the second amendment to Law Number 50 of 2009, Law Number: 1 of 1995 concerning limited liability companies, compilation of Sharia Economic Law (KHES) and HIR. Key Word: Analysis of Court Decisions, Akad Al Qardh and Akad Ijarah
MODEL PENGEMBANGAN DAN PEMANFAATAN WAKAF TUNAI UNTUK PENDIDIKAN TINGGI (STUDI KASUS WAKAF AMERTA AIRLANGGA) Syadid, Muhamad; Muammar, Muhammad Arfan
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5230

Abstract

ABSTRACTThe The increasingly difficult economic conditions require educational institutions at the tertiary level to develop a model for collecting funds from the community, one of which is through cash waqf. Airlangga University already has a model of developing and utilizing campus-based cash waqf. So with this waqf solution the community can be helped especially by students to continue their education. From here the authors are encouraged to conduct research on "Models of Development and Utilization of Cash Waqf for Higher Education (Case Study of Waqf Amerta Airlangga.".With the formulation of the problem: first, How to use cash waqf for higher education in Amerta Airlangga Waqf. Second, how to model the development of cash waqf in Amerta Airlangga. The method of this study used qualitative-descriptive because the data was qualitative, the data was not quantitative which used statistic. Practically, the data collection used three methods, they were: interview, observation, and documentation.Based on the results of research in Waqf Amerta Airlangga, it is known that the Community donated funds to the Waqf Amerta Airlangga through PUSPAS which is divided into two types, namely non-endowment social donations and endowment donations. Then some of the non-waqf funds were directly put into social donation accounts which could be directly utilized for the Airlangga University PUSPAS program, by 85%. While the other 15% is for the operations of PUSPAS Airlangga University. The Waqf Fund through the Amerta Endowments program will be managed separately for the fund as an investment in a number of portfolios. Key Words : Development and Utilization Model, Cash Waqf, Higher Education
PENGGUNAAN E-MONEY BRIZZI SEBAGAI ALAT PEMBAYARAN MENURUT HUKUM EKONOMI SYARIAH (STUDI ANALISIS TERHADAP PRODUK E-MONEY BRIZZI PADA BANK BRI KANTOR CABANG BLORA) Muhammad Zubaidi, Muhammad; Suhartono, Suhartono
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5231

Abstract

ABSTRACTThis research discusses and analyzes the mechanism of using Brizzi E-money issued by BRI Bank Blora Branch Office, as well as the perspective of Sharia Economic Law on the use of the card mechanism. Especially the electronic payment instruments issued by Bank BRI namely E-Money Brizzi. This research not only examines law theoretically, but also looks at it from the practice and application side in the field. This type of research is field research, namely research activities carried out at BRI Bank Blora Branch Office. The research approach which used is a qualitative descriptive research approach, which is an approach used to understand the phenomena about what is experienced by the subject and object of research.The results of this study concluded that the use of Brizzi E-money cards had met the legal and legal requirements for consent. In addition, when viewed from the aspect of cases that in validate the legality of the sale and purchase law, the use of Brizzi e-money cards in the sale and purchase transaction does not include elements that cancel the sale and purchase such as elements of gharar, maysir, and usury. The deduction of administrative funds due to transactions using the Brizzi e-money card has a similarity to the wakalah bil ujrah system in Sharia Economic Law. However, base on the results of the analysis conducted by the author, it is found that th euse of Brizzi e-money cards is not in accordance with the theory of wadi'ah dueto the unfulfillment of conditions and harmony in theuse, alsois not in line with the concept of wadi'ah yad amanah and wadi ' ah yad dhamanah from the aspect of the burden of responsibility for the party entrusted. Besides that, the use of Brizzi e-money cards is also not in accordance with the qardh theory. This is because in addition to not fulfilling one of the pillars and qardh validity requirements, also in the qardha fter the contract is said, the goods or asset swhich become the object of qardh automatically be come the property of the party receiving the loan. Where as in the system of using Brizzi e-money cards, the electronic money that is on the card after being deposited to the bank remains the property of the card holder. Keywords: E-Money, Brizzi, Sharia Economic Law, BRI Bank
PRAKTEK QARDH DI BANK WAKAF MIKRO ALPEND BAROKAH MANDIRI PERSPEKTIF ISLAM, PEMBERDAYAAN UMKM (Studi di BWM Al-Amien Prenduan) Negara, Ibnu Kusuma; Sriyatin, Sriyati
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5233

Abstract

ABSTRACTThe purpose of his research is to find out and analyze the practice of the qardh in Islamic perspective, and the impact of the practice of financing with the Qardh contract on empowerment UMKM , as well as supporting and inhibiting factors and solutions of the empoerment. This research uses descriptive qualitative research with a phenomenological approach as the main theoretical basis. The data collection techniques used interviews, observation, documentation, about the practice of Qardh Practices at the Bank Wakaf Mikro Alpen Barokah Mandiri Islamic Perspective in empowerment Small and Medium Businesses (UMKM) Around the Boarding School. The collected data is then managed and analyzed using descriptive qualitative. Keywords : Qardh Practice, Impact, Empowerment Of Supporting Factors, Inhibiting Factors

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