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INDONESIA
Justisia Ekonomika
ISSN : 25985043     EISSN : 2614865X     DOI : https://doi.org/10.30651/justeko.v7i2
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Articles 24 Documents
Search results for , issue "Vol 5 No 2 (2021)" : 24 Documents clear
KEDUDUKAN HUKUM YAYASAN YANG DIALIHKAN SECARA HIBAH (Studi Kasus Yayasan Jala Nanggala Kota Malang) Amethystia, Adisresti
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 5 No 2 (2021)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v5i2.10820

Abstract

Foundation is a legal entity with social character, consisting of wealth that is cruel and intended to achieve certain purposein the social, religious and humanity fields. Among these objectives are the implementation of higher education. With this social character, a foundation cannot be owned by anyone except by himself. A foundation as legal entity is made the object of a grant agreement, the agreement is null and void because an obyektif conditions are not fulfilled, so the grant is deemed to have never existed. The legal issue in this research is the Jala Nanggala Foundation's juridical position which is transferred by means of a grant. This legal standing will be analyzed through: first, the juridical position of the foundation as a legal consequence of the transfer of the foundation on a grant basis. Second, juridical efforts to restore or save the Jala Nanggala Foundation which was transferred by means of a grant. This research was conducted using the sosio legal method, with a conceptual approach and a statutory approach. The results of this study indicate that the position of the Jala Nanggala Foundation which was transferred by grant is still a legal entity as at the time it was founded and obtained approval from the Minister of Law and Human Rights, but is vacuum in its operations. Four alternative juridical efforts were found to restore or save the Jala Nanggala Foundation and the School of Economics under its auspices. Notaries have a decisive role and responsibility in juridical efforts to restore or save the foundationKeywords: foundations, grants, notary
ANALISIS PROBLEMATIKA SIDE STREAMING PADA PEMBIAYAAN MURABAHAH BIL WAKALAH DI PERBANKAN SYARIAH Khasanah, Ismawati; Fauziyah, Mauliana
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 5 No 2 (2021)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v5i2.10852

Abstract

Murabaha financing is a superior product in Islamic banking which is included in buying and selling contracts. After experiencing the development and modification of murabahah financing, it is now better known as murabahah bil wakalah. The purpose of this study is to find out the problems that exist in the murabahah bil wakalah contract, namely the occurrence of side streaming actions. This study uses a qualitative method with a literature study where data are taken from sources derived from literature such as books, articles, and other sources. Murabahah bil wakalah contract is a sale and purchase contract in which the Islamic bank gives power or represents to the customer to purchase the object of self-financing from the supplier. With the power granted this creates some problems that can damage or invalidate the contract, such as side streaming actions. Side streaming is an act of using funds that is not in accordance with the contract,  so this action is considered a form of deviation and includes a fake contract. Customers tend to be more flexible in buying the desired goods, such as on behalf of the buyer from the supplier, not on behalf of the bank. Other side streaming actions can be in the form of price differences that have been agreed upon, and cause non-performing financing and a decrease in the collectability of Islamic banks.Keywords: Murabahah bil Wakalah, Side Streaming, Islamic Banking 
POLITICAL PARADIGM OF CONVENTIONAL ECONOMICS AND ISLAMIC ECONOMICS: INDONESIAN SHARIA BANK DISCOURSE Witro, Doli
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 5 No 2 (2021)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v5i2.10993

Abstract

This article discusses the paradigm of Islamic political economy and conventional political economy by looking at the discourse of Indonesian sharia banks. This article aims to find out how the political economy that occurs in Indonesian sharia banks. This article is qualitative library research. The data in this study were obtained from library materials such as books, journals, and so on related to the problems studied, namely the conventional political economy paradigm and the Islamic political economy paradigm. The data collection technique used is to collect as much data as possible about the problems studied through the internet and library websites. The data writing technique used is a data analysis technique known by Miles et al., namely data condensation, data presentation, and drawing conclusions. The analysis results show that the differences between Islamic and conventional political economy paradigms are seen in the unification (religion and economic activity) by Islamic economics and separation (religion and economic activity) by conventional economics. The dominance of the conventional economic system, represented by the capitalist and socialist economic system in the world economy, especially Indonesia, does not dampen the significant development of the Islamic economic system, which is agreed upon by various parties.
Akad Qardh Hasan Dalam Perspektif Maqashid Syariah Wahab, Abdul
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 5 No 2 (2021)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v5i2.11384

Abstract

Qardh as a contract is a type of financing without any reward. Maqashid Sharia is the goal of establishing sharia which is directed towards maslahah. The application of qordh must be based on the basis of maqashid sharia, in order to achieve mutual maslahah. The relationship between qordh and maqashid sharia is the focus of this research. This research belongs to the type of qualitative research with technical literature, namely reading books and relevant research results, the books read can be in the form of textbooks, encyclopedias and dictionaries. The analysis is carried out with a deductive mindset, which is based on general facts and then researched and finally put forward a specific problem solving, with qualitative descriptive techniques in order to find knowledge of the research subject at a certain time. Qardh in the context of maqashid sharia is included in the realm of hifdzul mal (guarding property) from damage, in this case keeping Muslim assets in the hands of moneylenders. So that the property of a Muslim can be safe and not burdened with bloated bills. This is because in qardh a Muslim who becomes a customer only needs to return what he borrowed. So that the maslahah which is the goal of maqashid is achieved Keywords: Qardh, Maqashid Syariah,

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