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Prodi Hukum Ekonomi Syariah (Muamalah) Fakultas Syari'ah dan Hukum UIN Sunan Ampel Surabaya, Jl. Ahmad Yani 117 Surabaya, Jawa Timur 60237
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Maliyah : Jurnal Hukum Bisnis Islam
Published by Universitas Islam Negeri Sunan Ampel
ISSN : 20884869     EISSN : 25974351     DOI : https://doi.org/10.15642/maliyah.2021.11.2
Core Subject : Religion, Economy, Social,
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Kajian-kajian Hukum Ekonomi dan Bisnis Islam, baik berupa artikel konsepsional ataupun hasil penelitian.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol. 12 No. 2 (2022): Desember 2022" : 6 Documents clear
Kepailitan Badan Hukum BUM Desa dalam Peraturan Perundang-Undangan di Indonesia Ridlwan, M Pasca Zakky Muhajir
Maliyah : Jurnal Hukum Bisnis Islam Vol. 12 No. 2 (2022): Desember 2022
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/maliyah.2022.12.2.121-155

Abstract

The Village Autonomy Provides the widest possible authority to the village to explore and manage the economic potensial of the village, including by forming village owned enterprises (BUM Desa). After the issuance of government Regulation of Law No. 2 of 2022 concerning job creation which recently Received validation as a law, there has been a charge in the institutional aspect of village Owned Enterprises (BUM Desa). BUM Desa, which previously only existed as a business entity, has now transformed into a legal entity. The legal entity form of BUM Desa is different from other legal entity forms in Indonesia, such as Limited Liability Company, State-Owned Enterpries, and Cooperatives. The Transformation from a more business entity to a legal entity has legal implications not only institutionally, but also in term of legal relationships with other parties. As s legal entity, BUM Desa is also granted authority to establish legal entity based business units. These legal implications may lead to bankruptcy Of BUM Desa if not managed properly. However, there is currently no adequate legal framework that regulates in detail the mechanism for filing bankruptcy petition to the commercial court to declare BUM Desa Bankrupt, and the legal consequences of BUM Desa being declared bankrupt, including related to its assets, wealth, and organizational structure. This research uses a doctrinal and theoretical legal research method with an approach to legislation and conceptual concepts. The Conclusion of this research is that more detailed regulations are needed regarding the legal entity form of BUM Desa, especially concerning bankruptcy of BUM Desa.
Pemenuhan Kebijakan Sektor UMKM dan Pedagang Kaki Lima sebagai Pekerja Sektor Informal dalam Peningkatan Kegiatan Perekonomian Pasca Pandemi Covid-19 Puspitasari, Fransisca Stella Tri; Mukti, Nicolas Rafael Kreshna
Maliyah : Jurnal Hukum Bisnis Islam Vol. 12 No. 2 (2022): Desember 2022
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/maliyah.2022.12.2.156-175

Abstract

The deadly Covid-19 pandemic has spread to all corners of the world, causing the downgrade of the  health sector, and economic sector, including Indonesia. Government appeals such as physical distancing, social distancing, and stay at home make people's needs decrease and cause economic turbulence, especially for MSMEs and street vendors; they are pillars of income for Indonesia. Considering that MSMEs that survive and experience an increase during the pandemic are those who can connect to the digital ecosystem, MSMEs and street vendors, together with the government, are obliged to carry out sustainable economic transformations such as innovation with the introduction of digitalization to facilitate transactions even though sellers and buyers do not meet up. Therefore as the rule of law, the government has provided convenience related to electronic business licensing for MSMEs and Street Vendors. The steps are followed with regulatory objectives Act Number 6 of 2018 about Health Quarantine although Government decree Number 21 of 2020 about Large-Scale Social Restrictions in the context of Accelerating the Handling of Coronavirus Disease 2019 (Covid-19) must prioritize health protocols even though it has entered the era of Adaptation of New Habits after soaring cases of covid-19. The government also presents MSME PEN Program as MSME Economic Recovery; nevertheless, policy effectiveness for affected MSMEs is more needed during this New Normal Period. Adoption of MSME Effective Restorative Policy is needed now because of the Ultra Micro Assistance movement, Love Local Products, and the Synergy of one MSME Data which is expected to be able to assist the government in implementing policy efficiency following with the realization of the value of Pancasila social justice for the whole of the people of Indonesia in the MSME Effective Restorative Policy. 
Asset Based Community Development untuk Membangkitkan UMKM di Lingkup Desa yang Terdampak Pandemi Covid-19 Christie, Zefanya; Sabrina, Sylvi; Altis, Annisa
Maliyah : Jurnal Hukum Bisnis Islam Vol. 12 No. 2 (2022): Desember 2022
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/maliyah.2022.12.2.220-249

Abstract

Every citizen has actually been attached to various rights to himself since birth which are guaranteed and protected by the state. One of the rights of these citizens is economic rights and welfare. The outbreak of the COVID-19 pandemic has affected various aspects of life, one of which is the economic aspect. It takes efforts from various parties, both the government and society, so that the wheels of the Indonesian economy can continue. The existence of Micro, Small and Medium Enterprises (MSMEs) in the community plays an important role in helping the country's economic cycle. This important role is in the form of creating jobs and increasing the Gross Domestic Product (GDP). Therefore, a national economic recovery strategy is needed, especially for MSME players in an applicable and appropriate manner. In this case, the author proposes an asset-based community development program aimed at MSMEs in rural areas. The Asset Based Community Development method aims to explore the potential of available assets and how communities can contribute to realizing a sustainable economic ecosystem. Furthermore, the author will review further the position of MSMEs, the realization of Asset-Based Community Development in other countries, as well as the form of Asset-Based Community Development in reviving MSMEs, especially in rural areas such as stalls affected by the COVID-19 pandemic. This research was conducted using a juridical-empirical method that enforces legal policies according to the conditions of society. As a result, Asset Based Community Development can be used as a post-COVID-19 economic recovery program.
Efektivitas Program Penanganan Covid-19 dan Pemulihan Ekonomi Nasional (PC-PEN) ditinjau dari Ekonomi Pancasila Rachel, Francesca; Hanifa, Shafa Andien; Akbar, Wafa Raniah Putri
Maliyah : Jurnal Hukum Bisnis Islam Vol. 12 No. 2 (2022): Desember 2022
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/maliyah.2022.12.2.250-271

Abstract

The COVID-19 Pandemic that has lasted for 2 years has resulted in a weakening of the economy in Indonesia. The formation of various policy strategies by the Government to overcome these conditions has been carried out based on the values espoused in the Pancasila Economic System. This system is expected to provide solutions in dealing with challenges and conditions during the pandemic. This solution is realized in extraordinary steps, one of which is the Economic Recovery and Structural Reform which is in line with the Covid Handling and National Economic Recovery (PC-PEN) program. The theme of the Government Work Plan (RKP) in 2022 is Economic Recovery and Structural Reform which is in line with the PC-PEN program which has been ongoing since 2020. Based on Law No. 2 of 2020 concerning Stipulation of Perppu No. 1 of 2020 concerning State Finance Policy and Financial System Stability for Handling the Covid19 Pandemic and/or in Facing Threats That Endanger the National Economy and/or Financial System Stability Becomes Law, with the focus on the budget for the PC-PEN program as a form of economic recovery, widening the APBN deficit above 3 percent of GDP is allowed until 2022. The government through the fiscal and monetary authorities prepares strategic steps for a soft landing and exit strategy in financing the national economic recovery based on people's welfare. This writing was made with a qualitative approach that aims to analyze the effectiveness of the Covid-19 Handling and National Economic Recovery (PC-PEN) program after the COVID-19 Pandemic by referring to the Pancasila values.
Tinjauan Shirkah terhadap Sistem Pay Per Click (PPC) dada Google Adsense dan Facebook Azzahra, Rahma Hanim
Maliyah : Jurnal Hukum Bisnis Islam Vol. 12 No. 2 (2022): Desember 2022
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/maliyah.2022.12.2.193-219

Abstract

This research was conducted to determine the Pay Per Click (PPC) system in collaboration between Google AdSense and Facebook from a Shirkah perspective. This research is field research, with data collection using interviews, observation, and literature review by explaining how the Pay Per Click (PPC) system works in collaboration with Google AdSense and Facebook and then analyzing it according to Islamic law. The results of this study indicate that websites or blogs create Facebook fan page accounts which publishers carry out to promote posting website links or blog links to be accepted as Google AdSense cooperation partners. Ad services will appear randomly to have generated dollars if someone clicks on the ad. The author views the contract between the two parties as valid. However, the advertising services that are displayed randomly contain mutashabihat or ambiguous matters. Because Google itself has many AdWords partners from many types of companies. If publishers can guarantee the appearance of advertising services on their websites or blogs with good educational advertisements, then this collaboration will have no significant problems. If not, the publishers have the role of spreading evil because they have helped the advertisements displayed by Google.
Inovasi Pemberdayaan Industri Kreatif Nasional sebagai Upaya Pemulihan Perekonomian Nasional Ditinjau Berdasarkan Konsep Pentahelix Medlimo, Rodrikson Alpian
Maliyah : Jurnal Hukum Bisnis Islam Vol. 12 No. 2 (2022): Desember 2022
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/maliyah.2022.12.2.176-192

Abstract

This study explains the pentahelix concept as a government synergy with various actors in developing innovations to empower the national creative industry to be an essential thing to implement massively in Indonesia, especially after the Covid-19 pandemic hit. The recovery of the national economy based on the pentahelix concept is a reference for the government's seriousness in alleviating the problem of social inequality. The increasing number of gaps during the Covid-19 pandemic is a challenge and a reality that the Indonesian people must face. The increase in the number of holes is exacerbated by the condition of the Indonesian people, who need more creativity and innovation, which in turn gives birth to low-quality human resources. Pentahelix terminology must touch holistically and be carried out consistently and continuously as a government work program. Therefore, the involvement of various parties is the key to recovering the national economy, especially after the Covid-19 pandemic.

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