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INDONESIA
Justisia Ekonomika
Published by Universitas Muhammadiyah Surabaya
ISSN : 25985043     EISSN : 2614865X     DOI : https://doi.org/10.30651/justeko.v7i2
Core Subject :
Arjuna Subject : -
Articles 362 Documents
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DISPUTE RESOLUTION OF MUDHARABAH CONTRACT FINANCING THROUGH BASYARNAS Ramadhan, M Syafrie; Kusumo Hadi, Bagus; Gautman Raharjo, Dino; Azzam Arfa, M. Fadhil; Saputra, Muhammad Alvin
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

Abstract

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 Anam, Syaiful; 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

Abstract

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 Hadi, Abdul 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.v8i1.21869

Abstract

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 Lisnawati, Depi; Mujib, Abdul; Kusmastuti, Ines Prasheila
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

Abstract

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 Azhari, Muhammad Vicki; Wahab, Abdul
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

Abstract

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 Nur Baiti, Siti; 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

Abstract

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 Mari Kristanto, Prima
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

Abstract

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.
INSOLVENCY TEST AS EVIDENCE IN SHARIA BANKRUPTCY CASES suhartono, suhartono
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 2 (2024): Desember
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i2.22246

Abstract

The Indonesian bankruptcy law does not make insolvency a primary requirement for bankruptcy decision-making. Bankruptcy is based on the fulfillment of cumulative elements stipulated in Article 2 of the Bankruptcy and Suspension of Debt Payment Obligations Law (UUK-PKPU), even if the debtor is still solvent. This contrasts with Sharia bankruptcy, which places insolvency as a crucial substance in bankruptcy. This research is normative legal research with a substantive analysis approach. The results show that applying an insolvency test as evidence in Sharia bankruptcy cases is urgent and becomes a primary condition for upholding the ethics and fundamental principles of Sharia economic dispute resolution. In Islamic economics, bankruptcy (taflis) is the last resort (ultimum remedy) to resolve all disputes.
IMPLEMENTATION OF THE WAKALAH BIL UJRAH AGREEMENT IN SHARIA LIFE INSURANCE INDONESIA AND MALAYSIA Hudayberdiyev, Muhammet
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.v8i1.22264

Abstract

This study examines the increase in public awareness in Indonesia and Malaysia about the importance of insurance, especially Sharia insurance, which both Muslims and non-Muslims prefer because its system is more transparent and fair. Even though public interest in these three countries is increasing, public knowledge about Sharia insurance is still limited. This research aims to understand the implementation of the Wakalah bi al-Ujrah contract in Prudential Sharia life insurance products, analyze its compliance with Islamic law and related fatwas, and identify supporting factors and challenges in its implementation. Using qualitative methods with a descriptive-analytical approach, data was collected through documentation and interviews. The research results show that implementing the Wakalah bi al-Ujrah agreement at Sharia Insurance involves key elements such as the Sharia Participant Application Form (SPAJ), policy summary, general and special terms and conditions, and policy illustrations. This study concludes that the implementation of the Wakalah bi al-Ujrah contract is by Islamic law, because SPAJ regulates the payment of Tabarru contributions and the management of funds based on the Wakalah bi al-Ujrah contract, guaranteeing transparency and fairness in the Wakalah bi al-Ujrah contract. insurance fund management
ETHICS OF GOLD INTALLMENT PLANS IN PAKISTANI SHARIA BANKS: PERSPECTIVE OF A SHARIA ECONOMIC LAW Ullah Khan, Sami
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.v8i1.22273

Abstract

Pakistan is the country with the largest Muslim population in the world, with a total population of 220 million, of which around 96% are Muslims. Islam plays a central role in social, cultural, and political life in Pakistan, a country with a rich Islamic heritage and cultural diversity. In global economic development, various demands have emerged to adapt to changing social and economic conditions increasingly diverse by society's needs. This significantly impacts the banking sector, which must innovate to remain competitive. In Pakistan, both conventional commercial banks and Islamic banks face similar challenges. Islamic banking, in particular, aims to meet the needs of Sharia-based financial transactions, considering that the majority of Pakistan's population is Muslim. One of the innovative products offered by Islamic banks is gold installments. This research uses qualitative methods to analyze gold installment products from the perspective of Sharia economic law and ethics. The aim is to identify the service mechanism for this product, ensure its conformity with the provisions of Islamic Sharia economic law and the fatwas of the Shariah Advisory Boards of Pakistan, and assess its benefits in terms of economic ethics. The research results show that the service mechanism for gold installment products with murabahah contracts at Sharia banks does not violate Sharia economic law and is by the provisions of the Pakistani Shariah Advisory Boards. This product is popular with the public because it makes it easier for them to buy gold in installments, considering that gold is an asset whose value tends to increase.

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