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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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MEMBANGUN TEORI KONSUMSI ISLAMI MELALUI MODEL INFAK Ahmad Anas; Afaful Ummah
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 2 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i2.6879

Abstract

This study was based on the assumption that Islamic concumption theory which existstoday is result from combination between conventional concumption theory and Islamicreligion theory. Conventional concumption theory has many limitations and incompatibilitywith Islamic teachings and ethics concumption. This study aims to build Islamic concumptiontheory through infak model. Infak model which is not only materialist, but shar'i, spiritualist,socialist, fair, moral and ethical is believed to be very compatible with the characteristics ofMuslim consumers. This study is a type of library study that requires philosophical andtheoretical studies that have to do with empirical facts. Results of study showed that Infak ofconsumption is an activity to spend wealth in an effort to fulfil the needs for the benefit of theworld and the hereafter. In infak of concumption activities, consumers must pay attention tolimitations that cover two important components, namely Islamic law and ethics. Then infakmodel explains the level of priority that is the theory of consumer decision making inspending wealth. Furthermore, the purpose of consumption in infak of consumption includestwo components; material satisfaction and prosperity in hereafter. Both components arecontained in a term called "maslahah".
PENERAPAN BIAYA ADMINISTRASI PEMBIAYAAN DI KSPPS BAITUL TAMWIL MUHAMMADIYAH MULIA DALAM PERSPEKTIF HUKUM ISLAM Muhammad rom rafsanjani romadhon; abdul wahab
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 5 No 1 (2021)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v5i1.8766

Abstract

Baitul Mal wat-Tamwil (BMT) is a cooperative-shaped institution. BMT in conducting financial management with the principle of the share of the outcome, buying and selling, and saving money (Wadi ‘ah). BMT in realizing financing, also apply the administrative cost of financing as a pre-requisite to be paid by the financing members. BMT as a financial institution that emerged from the implications of state recognition of Islamic laws in its operation must be strictly based on the Quran and Al-Hadist. In this research, there will be a survey on the implementation of financing administration costs in the Baitul Tamwil Muhammadiyah Mulia in Babat Lamongan in the perspective of Islamic law. The data in this study is the primary data obtained from the BMT and secondary data in the form of books that support the research. The data collection methods are observations, interviews and documentation. The results showed the Baitul Tamwil Muhammadiyah Mulia Babat Lamongan set the administrative fee based on a percentage of the nominal ceiling financing so that it will cause a different increase and expense for the nominal financing of different. This shows the Baitul Tamwil Mulia Muhammadiyah Babat Lamongan took advantage of financing administration management. This is not in accordance with the sharia based on Al-Quran and Al-Hadith which is interpreted in the Fatwa of the National Sharia Council of the Indonesian Ulema assembly No: 11/DSN-MUI/IV/2000 about the Kafalah and Fatwa of the National Sharia Board (DSN) of the Indonesian Ulama Council (MUI) NO. 44/DSN-MUI/VIII/2004 about multi-service Ijarah financing.Key Words :  KSPPS, Biaya Administrasi Pembiayaan, Hukum Islam
ANALISIS MERGER BANK SYARIAH INDONESIA (BRIS) DALAM PRESPEKTIF KAIDAH POKOK KE TIGA اَلْمَشَقَةُ تَجْلِبُ التَّيْسِيْر relita rofiqoh
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 5 No 1 (2021)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v5i1.7318

Abstract

Abstrak : Penelitian ini bertujuan untuk mengetahui kemungkinan yang terjadi saat dilakukan merger tiga Bank Syariah di Indonesia dan menganalisis tentang hukum merger tiga bank syariah dalam ekonomi Islam berdasarkan perspektif kaidah pokok ke tiga qawaid fiqhiyah. Jenis penelitian kualitatif ini menggunakan pendekatan studi pustaka. Hasil temuan menyatakan dengan adanya merger dapat menjawab semua tantangan yang ada dan mempermudah dari segala aspek. Hal ini sesuai dengan kaidah ketiga Al-Masyaqqah Tajlib Al-Taisir yaitu kesukaran mendatangkan kemudahan serta cabang kaidah pokok ketiga mengarah kepada fleksibiltas sesuai dengan kondisi dan keadaan yang ada. Seiring berkembangnya perbankan baik tingkat nasional maupun internasional dengan adanya merger akan mampu untuk bersaing dengan perbankan lainnya dan tujuannya untuk memperluas market share dengan memperkuat permodalan sehingga memberikan kemaslahatan bagi berbankan syariah di Indonesia.Kata Kunci ; Merger, Bank Syariah, Kaidah Pokok ke tiga
IMPLEMENTASI PEMBIAYAAN MURABAHAH (STUDI KASUS WARUNG MIKRO BANK SYARIAH MANDIRI CABANG BOJONEGORO ) bakhtiyar arifin; warsidi warsidi
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 2 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i2.6864

Abstract

One of the segmentation of Bank Syariah Mandiri to distribute financing to micro segment is that the warung micro aims to provide convenience to the micro enterprise in obtaining additional capital to expand its business, although it does not close to provide financing to customer who does note have micro enterprises.This research uses qualitative research to know how the implementation of Murabahah financing on sharia bank independent of warung micro segment in practice and theory. Is the murabahah contract that is used in accordance with the fatwa of The National Sharia Council Indonesia Counsil of Religious Scholars in meeting the needs of the cusmoter to increase working capital.The finding in the field that the contract used was a hybrid contract between murabahah  and wakalah contract. So that presence of warung mikro bank syariah mandiri felt very beneficial to the customers in gaining capital increase for its business development easy and sharia. The result of this study concluded that the contract and process carried out by the Warung Mikro Bank Syariah Mandiri Bojonegoro already in accordance with the applicable regulations in Indonesia is in accordance with the fatwa of the National Sharia Council Indonesia Counsil of Religious Scholars No. 04/DSN-MUI/IV/2000 on the financing of Murabahah ang implementation of murabahah financing. It is reflected in the filing process until the agreement between the bank and the customer.Keywords: Murabahah, Warung Mikro Bank Syariah mandiri, Murabahah Working Capital.
IMPLEMENTASI JUAL BELI LELANG PERSPEKTIF ISTISHAB siti mahmudah
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 5 No 1 (2021)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v5i1.8760

Abstract

This article aims to examine the sale and purchase of auctions from the perspective of istishab. Buying and selling auctions have occurred in the community and develop according to needs. However, the law regulating auction buying and selling is still a metter of debate among the public. The subject of this article is buying and selling auctions. Research method library research eith a descriptive approach. The propet Muhammad SAW to buy and sell auctions, as the practice applied by the propet Muhammad was to assist his friends in auctioning aff his slaves and the proceeds from the auctions of slaves were intended for his treatment.then the law of buying and selling auctions is permitted until there is a legal basis that can chage the law. The purpose of holding a sele and purchase auction is to assist and assist parties experiencing financial problems. Istishab, namely enforcing exixting law until a ne law is found for an event. Buying and selling auctions is allowed by islam because it does not harm others. The practice of buying and selling auctions is carried out in public and withnessed by everyone and there is not manipulation by certain partiens.Keywords: Istishab, buying and selling auction, buying and selling of auctions during the time of the Nabi Muhammad 
ANALISIS PENERAPAN FATWA ZAKAT MAJELIS ULAMA INDONESIA PADA LEMBAGA AMIL ZAKAT NASIONAL DOMPET PEDULI UMAT DAARUT TAUHID PRIANGAN TIMUR iwan wisandani
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 2 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i2.6865

Abstract

This study is entitled "Analysis of the Application of the Fatwa of Zakat of the Indonesian Ulema Council at the National Zakat Amil Institute for the Care of the People of Daarut Tauhid East Priangan". In Indonesia, all Islamic Financial Institutions including Sharia Social Institutions in conducting their operations are based on the MUI fatwa.This research is a qualitative research with content analysis and phenomenological methods, with the following activities: The research will be carried out for six months, tracing literature studies and documents related to zakat fiqh, especially zakat issue fatwas issued by the Fatwa Commission and the National Sharia Council of the Indonesian Ulama Council. , then observations and interviews with amillin at the National Amil Zakat Institution, Dompet Peduli Umat Daarut Tauhid East Priangan, to get an overview of the mechanism for managing zakat.The results showed that the DPU DT in carrying out its activities always adheres to the MUI fatwa on the issue of zakat management. Although there are technical matters which are the policies of zakat managers. DPU DT views that the MUI Fatwa is needed to provide certainty in carrying out zakat management activities so that they run well and correctly and succeed for the prosperity of the community.Key Word : Fatwa Zakat, MUI, Daarut Tauhid
PEMANFAATAN TANAH NON-SERTIFIKASI MENURUT HUKUM PERJANJIAN BARAT & ISLAM (Studi Kasus Rencana Pemanfaatan Tanah oleh PT. Solusi Bangun Indonesia dengan Pemerintah Desa Sawir, Kecamatan Tambakboyo, Kabupaten Tuban) ario patra nugraha; chamim tohari
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 5 No 1 (2021)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v5i1.8767

Abstract

This research discusses about the status of land rights whose ownership has been not clear yet, which is the object of cooperation in utilization between the Sawir Village Government and PT Solusi Bangun Indonesia Tbk, according to the laws and principles in force in Indonesia. The problems that will be answered in this study include: (1) What is the status of land rights that are used as objects of utilization between the Sawir Village Government and PT Solusi Bangun Indonesia Tbk? (2) How is the land use cooperation between Sawir Village Government and PT Solusi Bangun Indonesia Tbk according to Western and Islamic Covenant Law? This type of research is a qualitative research, while the approach used is an empirical juridical approach, namely legal research that functions to see the laws that apply in the community. The results of this research are: (1) According to the Sawir Village Government, the land belongs to the Village Government as evidenced by the existence of a field map in the village C book. Meanwhile, according to the Tuban Regency Government, the Tuban Regency National Land Agency, and PT Solusi Bangun Indonesia Tbk, the land ownership is not registered and cannot be claimed as an asset of Sawir Village. According to Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles article 19 paragraph 1, the land cannot be referred to as land belonging to Sawir Village until the certification is completed on behalf of the village. And to get the ownership certificate, the Sawir Village Government must register or submit an application for ownership of the land to the National Land Agency of Tuban Regency. (2) According to the Islamic Covenant Law, the status of the land does not meet the requirements as an object of the agreement. This is because the land has not been legally proven to be owned by the Sawir Village Government. Whereas one of the main requirements for the validity of an agreement is that the object of the agreement must be legally owned by one of the parties who entered into the agreement.Keywords: Utilization, Non-Certified Land, Covenant Law, Customary Rights
KAJIAN ‘URF PADA PENOLAKAN SERTIFIKASI HALAL MUI TERHADAP PENAMAAN PRODUK BERLABEL SETAN Siti Nur Faiza
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 5 No 1 (2021)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v5i1.7734

Abstract

This research is the result of field research to analyze the 'urf study on the rejection of the MUI halal certification of naming “devil noodle products”. In conducting research, the author uses qualitative methods by using field data and complemented by secondary data to strengthen the analysis that comes from previous research, books, journals, decrees, and others. Then, uses descriptive analysis techniques to analyse. Noodle devil is one of the spicy culinary foods that has a lot of customers but in its business journey this product did not get approval to get the halal label of the East Java MUI because the devil's name does not match "SK 46 / Dir / LPPOM MUI / XII / 14 and Fatwa MUI Number. 4 of 2003 concerning Standardization of Halal Fatwa. "Although the devil's noodle product has been known to mean spicy noodles with a level of spiciness, the custom of using the name Setan includes urf 'lafzi which is unacceptable because the word Setan is included in the category of names of Allah's enemies who are feared to keep them from remembering Allah. Based on the validity of the ‘urf naming’ of products labeled satanic, including ‘urf fasid’ which must be abandoned. From the results of the research, LP POM MUI East Java is very careful in accepting or rejecting applications for Halal Product Certification, the first step of the East Java LPPOM MUI is to assess the name or symbol on the product being proposed. If Surabaya devil noodle sellers want to get the halal label from the East Java MUI, they must change the devil's name to a good name and symbol that not lead to kufr and forget to remember Allah.
SADD AL-DZARI’AH:KORELASI DAN PENERAPANNYA DALAM HUKUM EKONOMI SYARIAH rukhul amin
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 2 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i2.6856

Abstract

This paper describes the importance of sad al-dzari'ah in determining Islamic law, especially in relation to the business-economy world which tends to be dynamic. Sadd al-dzari'ah is a legal instrument in Islam that is good if it is applied properly, in accordance with the rules of syara '. It can be a tool that can be used to create the benefit of the people and prevent it from being damaged. One example that can be seen in seeing the importance of sadd al-dzariah in the national legal system is the application of the actio paulina principle, the regulations of which can be found in Articles 1341 and 1061 of the Civil Code and Articles 41 to 47 of the bankruptcy law. However, as it plays a very important role in the search for law, on the one hand sadd al-dzari'ah can also be something negative. This can happen if the use or application is not / not done carefully, especially if it is not based on broad social piety in the community. Keyword: Sadd/Fath al-Dzari’ah, Maqashid al-Syariah, Actio Paulina
TINJAUAN IJMA’ TERHADAP KONSEP BAI’AL-WAFA’ Rofiqotur Riskiyah
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 5 No 1 (2021)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v5i1.8762

Abstract

This study aims to find out about how Ijma 'review of the concept of bai'al-wafa'. This study uses Library Resech research with a descriptive approach. The data sources of this research were collected from several books and journals which were analyzed using the Miles and Huberman analysis method which includes three lines, namely data reduction, data presentation and conclusion or verification. The results of this study concluded that from the results of the ijma'para ulama about bai'al-wafa 'there were differences of opinion, where the opinions of both were strengthened by the arguments and reasons of each ulama. According to the hanafiyah ulama, the occurrence of bai'al-wafa 'is allowed because the purpose of using bai'al-wafa' is to avoid usury which continues to grow among the community. Bai'al-wafa 'when viewed from ihtihsan' urf, which is something that has been carried out by society and has been considered good. Meanwhile, according to the jumhur of other scholars, the bai'al-wafa 'is not allowed, because in the sale and purchase there is no grace period and conditions that state that the purchased goods must be returned to the original owner at the same price, therefore according to the scholars the use of bai'al-wafa 'is not justified.Keywords : Bai’al-Wafa’, Consept Bai’al-Wafa’, Ijma’

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