Garuda - Garba Rujukan Digital

INTERSECTION OF SHARIA ECONOMIC LAW IN ASIAN RELIGIOUS COURTS (A Case Study of Indonesia) Akbar Ryant Prabowo, Ilham
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.v8i1.22274

This research delves into the competency of religious courts within the framework of Sharia economic law, specifically focusing on a case study of religious courts in Indonesia. These courts hold a crucial role in resolving disputes related to Sharia economics, including matters of marriage, inheritance, and family finance. The competency of these courts, which involves a deep understanding of Sharia economic principles such as inheritance law, transactions (muamalah), and Sharia financial contracts, is vital for dispensing justice in line with Sharia principles. The study scrutinizes the ability of Indonesian religious courts to apply and comprehend Sharia economic law in their legal proceedings. This research offers insights into the nuanced aspects of religious court competency through a qualitative approach, employing methods such as case studies and content analysis. By focusing on qualitative methods, the study provides a rich and in-depth understanding of how religious courts navigate and interpret Sharia economic law within the Indonesian context. This research contributes significantly to the understanding of the importance of religious court competency in supporting Sharia economics in Indonesia and offers valuable insights for policymakers and practitioners.

ANALYSIS OF JUDGES' CONSIDERATIONS IN SETTLING MUSYARAKAH AGREEMENT DISPUTES prasheila kusmastuti, ines; Al Muazzami, Al Muazzami
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.v8i2.23580

Judges in deciding cases of sharia economic dispute resolution must consider sharia principles such as the DSN Fatwa. In fact, there are still decisions that do not consider sharia principles even though the case handled is a musyarakah contract financing dispute. This research method is normative to examine the judge's consideration in resolving musyarakah contract financing disputes. The secondary data of this research was obtained through literature study and analyzed descriptively qualitatively. The results of this study are that the legal rules used by judges are incomplete. Judges who should apply sharia principles do not use DSN Fatwas such as DSN Fatwa No. 08/DSN-MUI/ IV/2000 concerning Musyarakah Financing and DSN Fatwa No. 42/DSN-MUI/VIII/2004 concerning Ta'widh as a consideration. The nominal ta'widh charged to the defendant was also deemed inappropriate due to the absence of evidence of real losses suffered by the plaintiff. The findings of this research are expected to be a consideration, especially for judges in the Religious Courts who handle sharia economic disputes. Judges are expected to explore the legal aspects and sharia principles completely so that the resulting decisions reflect justice, certainty, and expediency while still based on sharia principles.

ANNULMENT OF NATIONAL SHARIA ARBITRATION BODY (BASYARNAS) DECISIONS BY RELIGIOUS COURTS IN SHARIA ECONOMIC DISPUTES Annisa; Mujib, Abdul
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.v8i2.23585

BASYARNAS decision should be final and binding, but it can still be canceled by the Religious Court if it is considered unfair or detrimental to one of the parties. However, in reality, decisions in the Religious Court are also often found to be weak, such as the lack of inclusion of legal basis or consideration of relevant aspects related to the decision. This research method is qualitative with the type of case study that uses a normative legal approach to examine the legal considerations used by the judge in deciding the case. The results showed that the cancellation of the BASYARNAS decision was granted because it was proven that there was deception by the Respondents against the Peace Deed, the determination of interest and fines which were considered unfounded. However, the legal basis used by the judge is still incomplete. Moreover, in terms of the lack of good faith in dispute resolution. The legal consequences of this annulment are the elimination of the provisions of the BASYARNAS-MUI JT Peace Decision Number xx/BASYARNAS-xxx/xxxx so that SHM number xxx cannot be executed because lawsuit Number xxxx/Pdt.G/xxxx/PA.xxx is declared lacking parties so it cannot be accepted, and Respondent II must renew the contract based on the clauses in the decision. Keywords: BASYARNAS, Decision Cancellation, Legal Effects.

SHARIA ECONOMIC LAW ANALYSIS ON ZAKAT MANAGEMENT AT BAZNAS BANDAR LAMPUNG CITY Zaharah, Rita; Fauzi, Mohammad Yasir
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.v8i2.23630

This study examines the potential of zakat as an economic instrument that can enhance the welfare of the Muslim community if managed properly according to Sharia principles. In practice, zakat's collection, management, and distribution should comply with religious guidelines to be used productively as a community fund source. However, current zakat management faces challenges, such as the use of conventional banks for zakat collection, distribution that is more consumption-oriented, and a management process that is not yet effective. This research was conducted at BAZNAS in Bandar Lampung City using a descriptive qualitative approach. The results show that the use of conventional banks by BAZNAS is solely as a zakat collection medium, not as a manager, and is considered compliant with Sharia economic law, referencing Ibn Asyur's maqashid shari'ah, as it provides broad benefits. As an official zakat management institution in Bandar Lampung, BAZNAS strives to manage zakat by government regulations to improve community welfare through distribution models that include consumptive and productive empowerment approaches.

BAHTSUL MASAIL’S CRITICAL REVIEW OF FAKE ORDER ONLINE ON THE DIGITAL SHOPEE LIVE PLATFORM Yuni K, Kusnul Ciptanila; Musfiroh, Anita; Dardiri, Masyhudan; Nur Efendi, Mohamad; Santoso, Lukman
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.v8i2.23937

Selling online through various digital platforms is an alternative business. Many successful people have made huge profits from it. However, fraud, deception, the spread of fake accounts, and counterfeit transactions often occur and harm many people. This research explores the practice of buying and selling with bogus and counterfeit accounts on digital platforms. This research is qualitative research with a case study approach. Bahtsul Masail is the highest forum that discusses actual community problems for which no evidence or legal solution has been found. The answer to this problem was sought and taken from Politikul Mu'tabaroh. This research resulted in the finding that the law of asking buyers for postage in the above cases is not permitted because (1) the postage is not used correctly, instead as an additional income; (2) if the buyer knows this reality, it is inevitable that he will not be willing to pay the postage to the seller. It is not permitted because it is fraud. This study provides clarity on deviant buying and selling practices on digital platforms.

OPTIMIZING SHARIA ECONOMICS PRINCIPLES IN STATE LAW FOR ENHANCED VILLAGE GOVERNANCE: A CASE STUDY OF ALUH-ALUH VILLAGE, BANJAR REGENCY Bahran, Bahran; Sulistyoko, Arie; Hafidzi, Anwar; Nadiyah, Nadiyah
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.v8i2.23941

This study aims to explore how the optimization of the application of Sharia-based State Law can enhance the quality of village governance, with a focus on Aluh-Aluh Village in Banjar Regency. The application of Sharia-based State Law is expected to improve the mechanisms and processes of village governance and integrate Sharia principles into resource management and public services. The research employs a qualitative approach, with data collected through interviews with village officials, observation of activities, and document studies. The findings indicate that the application of Sharia economic principles, such as justice ('adl), transparency (shafafiyah), and social responsibility (mas'uliyah), not only enhances transparency and accountability within village governance but also strengthens community participation in decision-making and resource management. Integrating these principles offers solutions to challenges such as unequal resource distribution, low transparency, and weak accountability. The implications of this research suggest that the implementation of Sharia-based State Law can promote more responsible financial management practices, increase community involvement, and support sustainable development. The integration of Sharia economic principles into village governance provides a model for other villages with similar conditions and can enhance community engagement and public service quality. The study recommends long-term planning and adherence to Sharia principles to improve transparency, accountability, and prosperity at the village level.

SPECIAL CRIMINAL LAW AGAINST SHARIA ECONOMIC CRIMES Darodjat, Rafan; Suwandono, Agus
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.v8i2.24012

The growth of the Islamic economy is reflected in the business lines of the financial sector, halal industry, investment, and Islamic social finance (zakat, waqf, infaq, and sadaqah). Public trust to carry out Islamic economic activities arises because of the Islamic principles upheld and the security of its management. However, Islamic economics has its own appeal because it is labeled according to religious teachings and is not profit-oriented. The state as an organ of power must be able to be present to supervise and carry out coercion if there is a criminal offense. Criminal offenses in Islamic Law are in the realm of Fiqh Jinayah, which regulates the punishment for a crime. The imposition of sanctions in Islam is indeed severe, but the more highlighted preventive efforts. Specific criminal law research on sharia economic crimes with normative juridical types, normative legal research is presented in a description for a comprehensive picture so that it has a major impact on Islamic economics. The results of this study obtained an overview that the impact of the existence of criminal specialization for those who commit crimes against sharia economic activities can give confidence to the public to use Islamic financial services and Islamic social social institutions that channel donor assets. The verdict on sharia economic crimes must be carried out by professionals who understand fiqh and sharia principles, the evidence must be materially clear to fulfill a sense of justice. The punishment given to those who misuse it must be more severe as a preventive effort.

THE ROLE OF ISLAMIC FINANCIAL LITERACY IN PREVENTING ONLINE SLOT GAMBLING AMONG GEN Z Anggara; Yunia Fauzia, Ika
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.v8i2.24023

In the digital era, Generation Z (Gen Z) encounters numerous challenges and opportunities driven by the rapid advancement of information technology, including the increasing prevalence of online gambling. This study investigates the critical role of Islamic financial literacy in mitigating online gambling, with a particular focus on online slot gambling, a rapidly growing segment. Utilizing a qualitative approach with a phenomenological method, the research was conducted in Surabaya and involved participants from within and outside the city to provide a comprehensive perspective. The findings highlight that several factors influence the escalation of online gambling among Gen Z. Internally, the challenge lies in the inadequate internalization of relevant norms and values, which leads to poor financial decision-making. Externally, factors such as economic pressures and technological advancements make online gambling more accessible and appealing, thus exacerbating the issue of rising addiction and financial instability among vulnerable individuals. This study emphasizes the urgent need to enhance Islamic financial literacy among Gen Z. By integrating Islamic financial principles into educational initiatives and personal finance management, individuals can be better equipped to make informed decisions, avoid gambling temptations, and manage their finances responsibly. Strengthening Islamic financial literacy is crucial for reducing the negative impacts of online gambling and fostering a more financially prudent generation.

SHARIA GENERAL CONTRACT IN THE CONTEXT OF SHARIA INSURANCE IN INDONESIA yamani, sudin; Amin, Fitria Hi Mhd
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.v8i2.24186

This article aims to identify and study Islamic financial institutions, in this case, Islamic Insurance, which implements an economic system based on the contracts in Islamic Economics. This research is also the result of library research that includes a study of various written works, including books, journals, and others. This article is compiled based on original materials from laws and regulations and the Indonesian Ulema Council on Islamic insurance fatwas. To understand the existence of these contracts and the problems they cause, this article discusses general contracts such as the Tijarah contract and the Tabaru contract in Indonesian Islamic insurance. The Tabarru' and Tijarah contracts are used in Islamic insurance, as evidenced by the results of research based on laws, laws, and regulations, and fatwas issued by the Indonesian Ulema Council. The Tabarru contract is a grant contract, namely a contract that deposits several premiums. These premiums are grants from insurance participants, the purpose of which is as funds to help other insurance participants without expecting a profit. Meanwhile, the Tijarah contract is a premium marketing contract, where profit sharing is carried out by the provisions stipulated in the contract.

COFFEE SHOP AND THE CONSUMER BEHAVIOR OF TEENAGERS: A CRITICAL STUDY WITHIN THE FRAMEWORK OF THE SHARIA ECONOMY Saifuddin; Riskiya Dwi Novem Wulandari; Moh Khoirul Anam
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.v8i2.24333

This research aims to understand the characteristics and patterns of adolescent consumer behavior related to their participation in coffee shop culture and to determine the impact of adolescent consumer behavior on coffee culture from the perspective of Islamic Economics. The phenomenon of the increasing popularity of coffee shops among teenagers indicates a change in consumption patterns, which has the potential to lead to consumerist behavior. Consumerist behavior is considered excessive and inconsistent with the principles of justice and balance in wealth management. This research uses a qualitative method with a case study approach. The data sources consist of primary and secondary data. Data were obtained through in-depth interviews with teenage visitors to Cafe Rooster, observations, and documentation. The results of this study show that: 1) Coffee shops have become a symbol of social status and a popular gathering place among teenagers, driven by peer pressure and the desire for acceptance. Teenagers are driven to spend money at coffee shops to express themselves, seek enjoyment, and follow trends promoted through social media platforms like Instagram, Facebook, and Twitter, which also influence their purchasing decisions. 2) From the perspective of Islamic economics, the consumer behavior of teenagers in coffee shop culture has negative impacts, such as uncontrolled spending and being contrary to the principle of prudence in Islam, which is opposed to the value of blessings in Islam and has the potential to cause financial problems in the future. Therefore, a balance between consumption and saving needs to be maintained.

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota surabaya,

Jawa timur

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name -

Contact Email -

Phone -

Journal Mail Official -

Editorial Address -

Location Kota surabaya, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota surabaya,

Jawa timur

INDONESIA