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Moh. Faizur Rohman
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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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INDONESIA
Maliyah : Jurnal Hukum Bisnis Islam
ISSN : 20884869     EISSN : 25974351     DOI : https://doi.org/10.15642/maliyah.2021.11.2
Kajian-kajian Hukum Ekonomi dan Bisnis Islam, baik berupa artikel konsepsional ataupun hasil penelitian.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 168 Documents
Fenomenologi Pelaku Usaha Sari Bumi sebagai Entrepreneur Muslim dalam Membangun Koneksi dan Komunitas Bisnis Ana Aziza
Maliyah : Jurnal Hukum Bisnis Islam Vol. 9 No. 2 (2019): Desember 2019
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 | Full PDF (887.863 KB) | DOI: 10.15642/maliyah.2019.9.2.116-149

Abstract

 In Indonesia, the entrepreneurial culture is quite low. This can be seen from the very high interest of job seekers, high rates of poverty and unemployment. From the above phenomenon, the role of Muslims as the majority is needed to encourage the growth of the entrepreneurial spirit. This study seeks to portray the role of Sari Bumi entrepreneurs in building connections and business communities, using a phenomenological approach, researchers seek to explore what roles Sari Bumi entrepreneurs have played in building connections and business communities. Based on the results of the study, there have been 158 building material shops in Sidoarjo Regency which have been owned by 80 families. Based on data analysis in qualitative research, it was found 9 (nine) roles of Sari Bumi entrepreneurs in building a business community which include, opening up employment opportunities, building independence, encouraging the emergence of an entrepreneurial spirit, providing capital assistance, being an example in discipline, commitment to maintaining Islamic values, forming a forum for friendship, forming a foundation that is active in the social, educational and religious fields and establishing a distributor company.
Ketahanan Bank Mandiri Syariah melalui Uji NPF dan ROA pada Periode Krisis Global Tahun 2008-2016 dari Dampak Pertumbuhan Ekonomi, Inflasi, dan Suku Bunga M. Shaiful Umam
Maliyah : Jurnal Hukum Bisnis Islam Vol. 9 No. 2 (2019): Desember 2019
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 | Full PDF (871.794 KB) | DOI: 10.15642/maliyah.2019.9.2.150-177

Abstract

Bank Syariah Mandiri is a banking institution established by Bank Mandiri. This study aims to analyze the effect of economic growth, inflation, and interest rates on the flexibility of Bank Mandiri Syariah as measured by ROA (return on assets) and NPF (bad performance). This research is a quantitative study with the independent variables of economic growth, inflation and interest rates. The dependent variable is the return on assets (ROA) and risk of financing (no financing is made). The results of this study indicate that: (1) the variable Economic Growth Rate (IPI) has a negative effect on the Return on Assets (ROA) of Bank Syariah Mandiri for the period 2008-2016; The Bank's Return on Assets (ROA) during the period 2008-2016 had a negative impact; (2) The inflation rate (CPI) has a negative effect on the return on assets (ROA) of Bank Syariah Mandiri during 2008-2016; (3) Interest rates (SBI) have a negative effect on return on assets of Bank Syariah Mandiri during 2008-2016 (ROA) does not have a significant negative effect; (4) Economic growth rate (IPI) has a negative effect on non-performing financing (NPF) of Bank Syariah Mandiri from 2008 to 2016; (5) The inflation rate (CPI) has a negative effect on Bank Syariah Mandiri 2008 - Non performing financing (NPF) 2016 has a negative impact; (6) Interest rates (SBI) will not have a significant negative effect on the Non-Performing Loan (NPF) of Bank Syariah Mandiri for the period 2008-2016.
Peran Perbankan Syari’ah dalam Perkembangan Perekonomian di Indonesia Habibi, Miftakhur Rokhman; Diah, Ruriana
Maliyah : Jurnal Hukum Bisnis Islam Vol. 12 No. 1 (2022): Juni 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.2022.12.1.1-25

Abstract

The existence of institutions and all the rules in which there are matters of money in the running of finance in the country, have become the most important foundation and guidance in accelerating the speed of development of a country, especially in terms of the economy. Indonesia is a country with most people embracing Islam, certainly wants a mechanism as a financial regulator. while avoiding the interest system in banking. Islam embodies the basis of sharia trading. Islamic banks appear as an answer about the cons of usury and interest in banking. So, therefore, Indonesian Muslims who want their financial operations in banks to avoid usury, do not need to worry anymore with the existence of Islamic banks or Islamic banks. The banking sector is important as a link between capital and the real results that are in the hands of capital owners. The first use of banking in a large economy must be aimed at what ways that money can be used properly as a ranking of the economy. The existence of Islamic banks cannot be separated from the plummet of the economy which was initially seen and called the monetary crisis. Islamic Bank is a bank that in running its finances, leaving all the problems of usury. In this case, the interest that is considered as usury is a challenge in these times. Islamic finance exists, based on two reasons. Due to the prohibition of taking usury in it. And because of financial transactions that have it in it, is considered to have some shortcomings.
Rahn (Gadai) dalam Perspektif Fikih Muamalah, Kompilasi Hukum Ekonomi Syariah (KHES), dan Hukum Perdata Junitama, Calvin Alief; Rahmawati, Elvira Dwi; Karina, Murtila
Maliyah : Jurnal Hukum Bisnis Islam Vol. 12 No. 1 (2022): Juni 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.2022.12.1.26-45

Abstract

Pawn in Islam is called rahn. Pawning is an activity to pawn goods as collateral for a debt transaction carried out. A person who mortgages an item (rahin) to a murtahin person, then the item remains the property of the guarantor (rahin). As a result, a guarantor (murtahin) may not use or sell the collateral before obtaining permission from the guarantor. As for a murtahin, he can ask for money from the rahin if it is used for the maintenance of the rahin's property if maintenance is needed on the item. In this day and age, this pawn has become one of  the  solutions  to  the  urgent  need  for  money  which  is  needed  by  the  community.  In muamalah fikih and KHES, the pawn is called rahn. While in civil law the pawn is called a pand.
Akuntansi Kewajiban Pemerintah Perspektif KHES dan PP No. 24 Tahun 2005 tentang Standar Akuntansi Pemerintahan: Indonesia Islamiyah, Latifatul; Faidati, Ashima
Maliyah : Jurnal Hukum Bisnis Islam Vol. 12 No. 1 (2022): Juni 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.2022.12.1.97-120

Abstract

Accounting for government obligations is regulated in government regulation (PP) number 24 of 2005 in government accounting standards statement No.09 (PSAP) concerning Liability Accounting. Liabilities are debts arising from past events, the settlement of which resulted in an outflow of government economic resources. In the context of government, obligations arise, among others, due to the use of sources of financing originating from loans. These loans can come from the public, financial institutions, other governments, or international institutions. Government obligations also occur due to engagements with employees working for the government, responsibilities to the broader community, namely benefits, compensation, compensation, allocation/reallocation of income to other entities, or obligations with other service providers. Government obligations can also arise from procuring goods and services from third parties that have yet to be paid by the government at the end of the fiscal year. In KHES Concerning, accounting for obligations has been regulated in Chapter IV concerning Accounting for KHES Liabilities, which consists of 16 articles (Articles 765 to 780).
Praktik Endorsement oleh Influencer Tiktok Perspektif Akad Ijarah dan Fatwa MUI Nomor 24 Tahun 2017 tentang Hukum dan Pedoman Bermuamalah melalui Media Sosial Suryaningtiyas, Adhiva Nurul Amalia
Maliyah : Jurnal Hukum Bisnis Islam Vol. 12 No. 1 (2022): Juni 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.2022.12.1.69-96

Abstract

This research discusses endorsement practices by TikTok influencers and how to analyze the Ijarah contract and DSN MUI Fatwa Number 24 of 2017 on endorsements by influencers in the TikTok application. This research is qualitative research with a descriptive approach. The results of this study show that the endorsement system carried out by "GR" on TikTok is to provide several service packages at different rates. After the endorser is sure that he agrees and fills in the endorser's format, he can send fees according to the selected package via transfer. Then, the admin will send an address for the endorser to send the item to be endorsed. After that, the endorsement process will be executed. However, the focus of the problem is the need for certainty regarding the estimated upload video endorsement after payment has been made. This is inconsistent with the point that benefits must be explicitly known and clearly to avoid disputes. The endorsement system carried out can be said to follow the provisions of Islamic law in general regarding the pillars of ijarah, but not with the specific terms of ijarah. Meanwhile, according to the general guidelines and guidelines for creating content/information in the DSN MUI Fatwa Number 24 of 2017 concerning Law and Guidelines for Muamalah through Social Media, the practice of endorsement carried out by "GR" influencers so far is considered to be less following the provisions in point " produce and/or disseminate content/information with the aim of justifying what is wrong or blaming the right, building opinions so that they appear to be successful and successful, and the aim is to hide the truth and deceive the public" in the fatwa.
Praktik Pesanan Paket Aqiqah dalam Tinjauan Hukum Islam Yasmine, Heydi Tiara
Maliyah : Jurnal Hukum Bisnis Islam Vol. 12 No. 1 (2022): Juni 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.2022.12.1.46-68

Abstract

The research entitled The Practice of Ordering Aqiqah Packages in a Review of Islamic Law was written to answer problems related to how the practice of ordering aqiqah package products at Istiqomah Aqiqah Sidoarjo and how to review Islamic law on the practice of ordering aqiqah package products at Istiqomah Aqiqah Sidoarjo. The research data were collected by observation, interview, and literature study techniques which were then analyzed using descriptive techniques in describing ordering aqiqah packages using a greeting contract. The results of this study conclude that the practice of ordering aqiqah package products at Istiqomah Aqiqah uses a salam contract between the ordering party and Istiqomah Aqiqah where payment is made at the beginning of the contract in cash or a down payment of 30%, and delivery of the aqiqah package is submitted at the end of the agreement in the assembly contract. Even though the Istiqomah Aqiqah party has provided payment relief using a down payment of 30% in ordering the aqiqah package, it does not rule out the possibility of a delay in paying the aqiqah package and causing one party to feel disadvantaged, namely the Istiqomah Aqiqah party. Delaying the payment of the aqiqah package made by the ordering party to Istiqomah Aqiqah after it is due according to Islamic law is permissible or mubah because the pillars and conditions in ordering the aqiqah package using the salam contract have been fulfilled. And because of the willingness of the Istiqomah Aqiqah parties to postpone the payment of the aqiqah package, this cannot be avoided due to unexpected things.
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.