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Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam
Published by Institut Agama Islam Negeri Zawiyah Cot Kala Langsa
ISSN : 2085630X     EISSN : 2477281X     DOI : https://doi.org/10.32505/jurisprudensi
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
The Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam (Jurisprudensi: Journal of Sharia, Legal, and Islamic Economics) publishes scholarly articles and reviews on the discourse of Islamic Law. The Journal is also deeply committed to a global approach that publishes articles related to the jurisprudence, history, politics and cultural concerns of Islamic Studies. This journal openly accepts the contributions of experts from related disciplines.
Arjuna Subject : Ilmu Ekonomi, Ekonometrika dan Keuangan (semua kategori) - Ilmu Ekonomi, Ekonometrika dan Keuangan (Lain-Lain)
Articles 217 Documents
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The Steep Road to Renewal of Islamic Law through Maqasid Values Faishal Nur, Ahmad; Effendi, Orien
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 15 No 2 (2023): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan Dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v15i2.6415

Abstract

Islamic law is substantively derived from the teachings of Islam. As a religious teaching, Islamic law comes from Allah and is extracted directly from the Qur'an and al-Sunnah. This Islamic law is then considered as something sacred and cannot be changed. This thought then makes Islamic law rigid and even static and ultimately not ready to answer various problems, even though Islamic law in the reality of human life requires continuous dynamization and development. The dynamization of Islamic law will be achieved when there is a dialectic between text and reality, thus always finding new innovations in the context of legal discovery, the goal is to achieve benefit. Using an analytical study through library research based on primary and secondary data w­­­­ith a juridical normative approach. This research shows that there are still Muslims who consider the sacredness of classical Islamic law as an absolute truth that cannot be changed, the attitude of some of these circles makes Islam feel foreign to the environment that surrounds it. The situation is exacerbated when they do not fully accept the renewal of Islamic law such as the presence of contemporary maqashid concepts or values.
Pactum De Compromittendo In Shares Purchase Agreement Iswari, Benny; Ansari , Teuku Syahrul; Victor, Indra Yudha Victor; Hadipura, Margo Hadipura
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 15 No 2 (2023): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan Dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v15i2.6462

Abstract

The parties, namely the Seller and the Buyer have agreed to determine the arbitration clause in the form of a pactum de compromittendo made in writing and incorporated into the deed of the principal agreement for the sale and purchase of shares of PT. Indonesian Rice Granary. This means that since the beginning before the occurrence of a dispute, the choice of settlement has been determined through the Indonesian National Arbitration Board. In 2021, the Seller files a lawsuit against the Buyer as the Defendant through the general court to request that the said share sale and purchase agreement be declared null and void and has no binding force. In their decision, the Panel of Judges stated that in essence the Central Jakarta District Court had no authority to try this case. Regarding the legal considerations, the assembly based the rules in Article 118 HIR and Article 3 of Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This study uses a normative juridical approach with the results of the research showing that the enforceability of an arbitration clause in the form of a pactum de compromittendo is binding on the parties according to the pacta sunt servanda principle contained in Article 1338 Paragraph (1) of the Civil Code and the judge's decision as in its considerations is correct and has been according to law.
The Debt of the Government of the Republic of Indonesia Against PT. Cipta Marga Nusaphala Persada Zulfikar, Muh. Reza; Suprapto; Lawra, Rifqi Devi; Razy Mahka, Muh. Fachrur
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 15 No 2 (2023): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan Dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v15i2.6586

Abstract

Early June 2023 the majority shareholder of PT. Cipta Marga Nusaphala Persada Jusuf Hamka collected a debt of 800 billion to the government. However, IBRA (National Bank Restructuring ­­­Agency) rejected CMNP's request because the company is affiliated with Bank Yama, so CMNP is not the responsibility of the Government. Therefore, CMNP filed a lawsuit with the South Jakarta District Court up to PK at (MA). In the end, in 2010 the lawsuit was won by CMNP AND the state was burdened with a 2% tax each month on the debt and it was estimated along with interest that the total was 800 billion. However, within 13 years the Government has not settled the debt. Based on this research aims to analyze the position of government debt to CMNP from the perspective of decency and justice. This research is a normative method with a normative juridical approach that uses grammatical and systematic analysis techniques. Secondary legal materials from this study consist of court decisions, related regulations, legal doctrine, and expert opinions. The results of the study show that the government's actions that have not paid off CMNP's debt are actions that violate the principles of good faith and propriety in law because one indication of implementing these principles is fulfilling the agreements made. So that the prohibition of the agreement with CMNP is an act that is inappropriate and not in good faith. In addition, these actions also violated the principle of justice because the Government did not comply with court decisions and agreements with CMNP.
Conflict of Az-Zaitun Islamic Boarding School Risna Sari, Ade; Navarone Wibisono, Okki; Ryke Kalalo, Rieneke; Islami, Faisal
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 15 No 2 (2023): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan Dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v15i2.6651

Abstract

The cause of the Az-Zaitun Islamic boarding school became a hot topic of discussion in the public because of several unusual things such as the association with NII, deviant teachings, and so on. Therefore, this incident caused social conflicts between the people who were pro and con against the Az-Zaitun Islamic boarding school. As a follow-up action, Menko Polhukam ordered the National Police to investigate the Az-Zaitun case. Based on this, this study aims to analyze a number of controversial cases of Az-Zaitun from a sociological point of view through the study of social theories. In addition, this study also aims to analyze this case from a normative perspective related to a number of statements by the leader of Az-Zaitun side by side with offenses and criminal elements, especially regarding blasphemy. This article is classified as qualitative research with a phenomenological approach. The results of this study show that sociologically this polemic can be constructive in order to strengthen relations between nation and state. Noramtively, Panji Gumilang's words related to the Qur'an are the essence of the prophet's kalam. Differences in prayer procedures, adhan, and so on are difficult to fulfill the offenses and elements of the blasphemy article.
Muwathanah Education in Maqasyid Perspective Inayatillah; Kamaruddin
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 15 No 2 (2023): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan Dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v15i2.6658

Abstract

The concept of muwathanah education in Islam is actually how to instill nationalism values followed by serious efforts in building the country according to their respective sciences and fields. In fact, there is still muwathanah education that deliberately transfers the values of hatred towards the state even the most extreme want to change the ideology of the state. The gap is the author's attraction to explain how the position of muwathanah education in the view of maqashid. This article is classified as literature research with a qualitative approach. The methodology used is a descriptive analysis study and a comparative study. The results of the study concluded; First, muwathanah education is permissible, but it can be turned into compulsory and sunnah as long as it remains within the 5 essences of maqashid. Conversely, it can become haram (forbidden) if the education seeks to breed hatred and damage to the state. Second, loyalty to the state in classical Islam was evidenced by taking a bayat (oath of allegiance) to the Prophet as leader. In modern times, loyalty to the Indonesian state is carried out by recognizing Pancasila and Constitution of 1945 as a mutual agreement.
Perdamaian Aceh Dalam Perspektif Maqasid Syariah Danial
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 14 No 2 (2022): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan Dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v14i2.6776

Abstract

Peace in Aceh is the aspiration of the people of Aceh and the Indonesian nation to get out of the protracted civil conflict. This research examines Aceh's peace from the perspective of maqasid sharia. This article is a qualitative study with a sharia maqasid approach. The data used in this study is divided into two, primary data and secondary data. The primary data was obtained from the al-Quran, while the secondary data was obtained from books, journals, and other articles related to the selected title. The research shows that peace in Aceh is still at the lowest level of the four dictions for peace used in the al-Quran; salam, sulhu, dzimmah and aman. This is because the peace in Aceh is still at the boundary of resolving disputes between two or more disputing parties. Then the maqasid sharia index in the aftermath of Aceh's peace is still on the mere maintenance of religion (din) and soul (nafs). There are still many empty spaces that need to be of concern to the government and society so that peace in Aceh is by maqasid sharia.
Eksekusi Hak Tanggungan Akad Musyarakah Mutanaqisah Sherhan, Sherhan
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 15 No 2 (2023): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan Dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v15i2.6846

Abstract

Ideally, Islamic banks analyze aspects of fairness between creditors and debtors when choosing the execution of debtor guarantees. In fact, it was found that the execution of dependent rights in Islamic banks, especially with MMQ (musyarakah mutanaqishah) contracts, was more beneficial to creditors and tended to tyrannize debtors. This study analyzes the theory of justice in the implementation of the execution of dependent rights by Islamic Banks against defaulting financing debtors with MMQ contracts. The goal is that transactions at Sharia Banks are always based on Islamic sharia rules and principles. This research applies qualitative methods with a rationale based on literature studies to analyze legislation, legal provisions and conformity to applicable regulations. The results of the study concluded that injustice occurs when the execution of dependent rights, the proceeds of the sale of the debtor's financing collateral assets default more harm the debtor.
Problematika Investor State Dispute Settlement dalam Bilateral Investment Treaty Indonesia-Singapura 2018 Zulkarnain, Mukhamad
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 15 No 2 (2023): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan Dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v15i2.6963

Abstract

The signing of the 2018 Indonesia-Singapore BIT is a new chapter for Indonesia in establishing international relations in the field of investment after in 2013 Indonesia stopped the 2005 Indonesia-Singapore BIT because it was more in favor of foreign investors. This alignment is contained in the Investor State Dispute Settlement (ISDS) mechanism where the dispute resolution mechanism is also regulated in the 2018 Indonesia-Singapore BIT even though it is known that the ISDS mechanism has many shortcomings and provides protection for foreign investors. Therefore, there is a need for a new alternative to perfect the ISDS mechanism. Normative juridical methods are used in this writing by qualitatively analyzing the data. The results of the study concluded that the ISDS mechanism in the Indonesia-Singapore BIT 2018 has not been able to protect Indonesia's interests in international investment cooperation and requires an Investment Court System (ICS) mechanism to perfect the ISDS mechanism.
Perlukah Sanksi Pidana Ekonomi Syariah di Aceh? Bawono, Royan; Dayyan, Muhammad; Faisal, Faisal
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 15 No 2 (2023): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan Dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v15i2.5693

Abstract

Sharia economic crimes have not been regulated in the form of legal norms that require criminal sanctions. In fact, the crime exists and often causes victims to be in debt, which leads to apostasy. This article is classified as literature research with a qualitative approach. The methodology used is the study of normative legal analysis. The results showed that a sharia economic criminal qanun is needed that regulates criminal sanctions for perpetrators of sharia economic cultivation in Aceh based on three foundations. First, the philosophical principle of economics in Aceh, which is in line with Islamic law, is the Islamic view of life of the Acehnese people, referring to the Qur'an and Hadith. Second, juridically, there is a formal legal basis for making the Aceh Qanun concerning Sharia Economic Crimes, namely Law No. 11 of 2006 concerning the Government of Aceh, Aceh Qanun No. 8 of 2014 concerning the Principles of Islamic Sharia, and Aceh Qanun No. 11 of 2018 concerning Sharia Financial Institutions. Third, sociologically, it is necessary to meet the legal needs of the community with the development of empirical facts that there are still elements of usury, gharar, and others in economic activities that disturb the people of Aceh.
The Provisions of Professional Zakat; Between Zakat on Agricultural Products and Zakat on Gold Hidayat, Muhammad; Roni, Muhammad
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 16 No 1 (2024): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v16i1.5729

Abstract

Professional zakat is a new problem in the field of fiqh, and the issue of professional zakat is hotly discussed, starting from its understanding and legal basis to the procedures for its implementation. This article is classified as literature research with a qualitative approach. The methodology used is a comparative study of law. The results of the study concluded that there were differences among scholars on professional zakat in terms of its legal basis; some scholars mentioned departing from the construction of qiyas against al-mal al-mustafad. Others say that the basis is Q.S. Al-Baqarah/2:267. While in terms of implementation, some scholars argue that the qiyaskan nisab and qadar zakat professions are the same as agricultural zakat, which does not require hauling. Others argue that the nisab and qadar zakat professions are the same as nisab and qadar zakat al-mal al-mustafad, which is 85 grams of gold but does not require hauling, while zakat al-mal al-mustafad requires hauling. There are also scholars who argue that the nisab and qadar zakat professions are qiyaskan to nisab and qadar zakat gold and wear haul.

Page 14 of 22 | Total Record : 217

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