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ANALISIS PROSEDUR PEMBIAYAAN PRODUK CICIL EMAS BSI DALAM UPAYA MENINGKATKAN NASABAH PADA BANK SYARIAH INDONESIA KC BOJONEGORO Putri Rahayu Ningsih; Taufiqur Rahman
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 7 No 2 (2023): Desember 2023
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v7i2.20651

This research aims to determine the financing procedures for BSI gold installment products to increase financing customers for Bank Syariah Indonesia KC Bojonegoro. The Gold Installment Product is a financing product provided by BSI. However, the BSI gold installment product is not yet known to the public, this is indicated by the low number of financing customers at BSI KC Bojonegoro. The low number of BSI gold installment financing customers is due to a lack of public literacy regarding procedures for financing gold installment products. This research uses a qualitative descriptive research method. The data collection and analysis methods used are primary data in the form of observations and interviews, as well as secondary data in the form of journals, articles, books, and mass media related to research. The data analysis technique in this research is Miles and Huberman analysis. Covers four main things, namely data collection, data reduction, data presentation, and drawing conclusions or verification. The results of the discussion show that: The procedures for financing gold installment products at BSI KC Bojonegoro have been implemented by the provisions set by the BSI head office. The development of the number of gold installment customers at BSI KC Bojonegoro is said to be good and continues to increase every year. This development cannot be separated from the efforts made by BSI KC Bojonegoro. For this reason, the gold installment product has succeeded in increasing BSI KC Bojonegoro financing customers.

IMPLEMENTATION OF QABDH REQUIREMENTS IN MURABAHA FINANCING AT KOPERASI SYIRKAH BERKAH BERSAMA (KSBB) SIDOARJO Endro Wibowo
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 1 (2024): Juni
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i1.20065

One of the financing procedures that are not by Sharia principles in Murabaha financing is the practice of selling goods by an Islamic Financing Institution before they are owned to financing customers. Seeing this phenomenon, Koperasi Syirkah Berkah Bersama (KSBB) took the initiative to become a Sharia financial institution capable of serving its members through Murabaha financing by really paying attention to Sharia compliance, especially from the aspect of implementing handover or qabdh in Murabaha financing. The purpose of this study is to find out how the implementation of handover or qabdh in Murabaha financing and the analysis of sharia compliance with this implementation at KSBB Sidoarjo. The research method used in this study is qualitative research with a case study approach. The data analysis technique used is descriptive-qualitative analysis. The research data comes from interviews with several informants and documents related to Murabaha financing at KSBB. The data that has been obtained is analyzed and compared with related theories. The results of this research indicate that in the process of Murabaha financing at KSBB, the management of KSBB does not represent members in purchasing the goods submitted to suppliers. KSBB also ensures that the goods are fully controlled before being sold to members who apply for financing. The entire Murabaha financing process at KSBB, especially from the qabdh aspect, does not violate sharia compliance set by the DSN MUI.

DEFERRED PAYMENT IN GOODS TRANSACTIONS WITH GOLD GUARANTEE (AN ISLAMIC LEGAL PERSPECTIVE) Neli Arifin
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 1 (2024): Juni
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i1.20648

This study aims to analyze deferred payment transactions in goods with a gold guarantee from the perspective of Islamic law. The research was conducted in Tebing Batu Village, Sebawi District, focusing on the understanding and practices of the community regarding such transactions. The research method employed was descriptive-analytical with a qualitative approach. Data were collected through observation, interviews, and documentary studies. The findings indicate that transactions involving deferred payment with a gold guarantee are a common practice in Tebing Batu Village. The community perceives it as an alternative allowing them to meet daily needs without immediate cash payment. However, there are diverse understandings and implementations related to Islamic legal aspects in these transactions. From the Islamic law perspective, transactions involving gold-backed deferred payments raise several considerations including principles of justice, freedom, and clarity in agreements. The study also explores scholars' views on the validity of such transactions according to Islamic jurisprudence. In conclusion, deferred payment transactions with a gold guarantee in Tebing Batu Village present complexities from the perspective of Islamic law. Therefore, a deep understanding and dialogue among the community, scholars, and government are necessary to ensure that these practices align with the values and principles of Islamic law cherished by the local community.

DISPUTE RESOLUTION OF MUDHARABAH CONTRACT FINANCING THROUGH BASYARNAS M Syafrie Ramadhan; Bagus Kusumo Hadi; Dino Gautman Raharjo; M. Fadhil Azzam Arfa; Muhammad Alvin Saputra
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 1 (2024): Juni
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i1.21285

Mudarabah financing disputes in Islamic banking are generally resolved using litigation or judicial channels. As stated in Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, there are also other channels in dispute resolution, namely arbitration and alternative dispute resolution such as; mediation. As contained in the financing contract in Islamic banking Law No. 21 of 2008 states that dispute resolution will be resolved through BASYARNAS if in the agreement clause a dispute occurs it will be determined through a Sharia arbitrator in this case BASYARNAS this is the authority for BASYARNAS. The settlement of mudharabah disputes in Islamic banking is said to be a default, not only judged by the losses obtained by the creditor (Bank) but can also come from the beginning of the loss. If the customer's negligence causes the default, then this can be the customer's responsibility as the owner of the capital, and he bears the loss. In principle, there is no compensation for mudharabah because it is Amanah. Still, if the loss comes from the negligence of the Islamic Bank, it will be borne by the Islamic Bank as long as the failure or loss is not caused by the owner of the capital (mudharib). if there is a dispute between the two parties to the mudharabah financing contract agreement, the settlement will be resolved through arbitration (BASYARNAS). This statement authorizes BASYARNAS to resolve disputes for the parties to the dispute according to the agreed agreement.

THE IMPLEMENTATION OF MASLAHAH IN THE LOAN OR REVOLVING FUND FINANCING PROGRAM BY LPDB-KUMKM Syaiful Anam; R. Suhaimi
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 1 (2024): Juni
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i1.21753

This research aims to delve into the implementation of the concept of maslahah in the revolving fund loan or financing program managed by the Cooperatives, Micro, Small, and Medium Enterprises Revolving Fund Management Agency (LPDB-KUMKM). The research method employed is a literature review with a descriptive qualitative approach. Secondary data was obtained from various sources, including journals, relevant research, and books related to the research context. The results of the research indicate that LPDB-KUMKM has overall implemented the maslahah concept in its programs. This finding is reflected in several aspects. Firstly, LPDB-KUMKM has successfully fostered economic self-reliance for its cooperative and MSME partners through fund provision, training, and mentoring. Secondly, the institution ensures that all implemented programs adhere to the characteristics of Sharia compliance by avoiding elements of usury, ambiguity, and gambling. Thirdly, the institution conducts a comprehensive risk evaluation, encompassing credit risk, operational risk, and compliance risk. The fourth, LPDB-KUMKM actively engages in community empowerment through training programs, mentoring, and providing access to other resources. The fifth aspect encompasses LPDB-KUMKM's commitment to accountability and transparency at every stage of revolving fund management. Finally, the institution actively participates in an ongoing evaluation and improvement process to ensure the efficiency and effectiveness of the implemented programs.

SHARIA ECONOMIC ANALYSIS OF VILLAGE LAND AUCTIONS Abdul Rahman Hadi
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 1 (2024): Juni
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i1.21869

This study aimed to determine the practice and results of analysis of village treasury land leasing through an auction process in Leran Kulon, Palan, Tuban. The perspective of Syari’ah Economic Law is based on shari’ah propositions and fiqh proposal principles, such as the fulfillment of legal requirements, etc. in judging related muamalah cases. Ijarah (leasing) contracts in the modern era continue to grow and have many models for selling leased objects, one of which is the village treasury land offering through an auction process in Leran Kulon, Palang, Tuban. In this leasing, many interested people are invited, but what makes it strange is that the winners of the leased land are just those people, this contains irregularities, whether the rental is running naturally or there is a game that aims to win a certain party. From here, the researcher must research to reveal the nature of the leasing. The research method used descriptive-qualitative, which provides an accurate description and picture of the nature and circumstances of the object under study based on shari’ah principles. While the data collection method used literature, interviews, and documentation The results of this study indicated that the leading of the village treasury land above is by Syai’ah Economic Law, except in the case of forfeited down payments if the auction winner does not pay 50% within 3 months of submitting the down payment. And this is still disputed by the Ulama.

LEGAL PROTECTION OF INVESTORS ON THE LAJNAH BISNIS SYARIAH (LBS) PLATFOREM Depi Lisnawati; Abdul Mujib; Ines Prasheila Kusmastuti
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 1 (2024): Juni
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i1.21870

Sharia investment through digital platforms in Indonesia. One of the Sharia investment platforms in the form of sukuk offerings is Lajnah Bisnis Syariah (LBS). The problem is that investments carried out at LBS experience many obstacles that are detrimental to investors. This is exacerbated by the absence of legal protection for investors in investor agreements with LBS. This research examines further the legal protection and regulations for LBS investors when facing problems with sukuk offerings that affect results and harm investors. The research method used is normative empirical. This qualitative data analysis method describes policies relating to legal protection for investors against risks associated with issuers experiencing problems with Sukuk. The findings of this research are that investors have the opportunity to understand better companies issuing sukuk, so they can reach better profit-sharing agreements and manage the risks associated with managing the business. The availability of information aims to reduce problems that may arise in sukuk offerings by issuers and increase capital market efficiency. This research concludes that PT Tri Buana Cemerlang investors offering sukuk through the Lajnah Bisnis Syariah (LBS) platform are protected by preventive legal mechanisms with problem resolution through non-litigation channels

THE CONCEPT OF PROPERTY OWNERSHIP ACCORDING TO ABU AHRA TO REALIZE ECONOMIC BALANCE Muhammad Vicki Azhari; Abdul Wahab
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 1 (2024): Juni
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i1.21920

Islamic law guarantees humanity's benefit in all matters, including property ownership and management of natural resources. Property rights are the rights of every individual that must be respected and must not be violated. However, for the common good, some things are considered common needs and must be managed to benefit humanity as a whole. This writing is literature research using a qualitative descriptive method, examining the theory of thought and the concept of ownership according to Imam Abu Zahra in muamalah fiqh. The research results show that in Islam, property ownership is regulated by Sharia which is different from the capitalist system which does not limit ownership, and the socialist system which limits individual ownership. Islam with its sharia provides a concept of ownership that upholds morals and justice so that it can create economic balance in society

CAPITAL GOVERNANCE IN SMALL INDUSTRIES IN WEST KWANYAR VILLAGE: A SHARIA FINANCIAL MANAGEMENT APPROACH Siti Nur Baiti; Taufiqur Rahman
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 1 (2024): Juni
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i1.22066

System, reduce risks, and promote sustainable economic growth by Islamic principles. Small industries in Kwanyar face several complex issues related to capital management, including a lack of transparency in financial transactions, the prohibition of usury, and profit sharing. This research aims to determine whether the principles of transparency and fairness in capital management, as stated in Sharia financial management, have been implemented. The research method used is a qualitative research method, which produces descriptive data in the form of written or spoken words from people and observable behavior, using a descriptive analysis approach. The results of this research show that the capital management process in the Small Industrial Business group in Kwanyar District, Bangkalan, is by Sharia financial management. This is evident from the application of the pecking order theory, a capital structure theory where financing starts from retained earnings (internal capital), and if insufficient, through debt or issuing new equity as a last resort (external). This aligns with Islamic law, which strictly prohibits usury in debt. In practice, business actors first use internal capital as the main capital and seek external financing when internal capital is insufficient

SHARIA ECONOMIC LAW REVIEW ON ZAKAT INSTITUTION AUDITS BY PUBLIC ACCOUNTANTS Prima Mari Kristanto
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 1 (2024): Juni
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i1.22109

The obligation to pay zakat for Muslims is a commitment to piety to Allah SWT and social and economic responsibility to fellow human beings. The role of government and society in optimizing the potential of zakat in Indonesia is marked by the presence of zakat management organizations (OPZ) in the form of amil zakat agencies and institutions. Currently, the government and society have paid high attention to zakat management institutions. Optimal management of zakat from both parties is supported by the stipulation of obligatory rules for zakat management institutions to prepare financial reports which are then audited by the Public Accounting Firm and the Ministry of Religion. The purpose of this research is to describe the implementation of sharia accounting and auditing at the Amil Zakat Ummul Quro Jombang Institute. The research method uses a descriptive qualitative approach. The collection of data used is interview, observation, and documentation. The results of the study state that the financial statements of the Amil Zakat Ummul Quro Institute have been presented by Statement of Financial Accounting Standards (PSAK) 109. The financial statements for 2021 have been audited by the Erfan and Rakhmawan Public Accounting Firm, audit activities are in line with sharia economic law. Sharia audit by the Regional Office of the Ministry of Religion of East Java Province in assessing financial transparency got a score of 32 out of a maximum score of 40.

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