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Qawanin: Journal of Economic Syaria Law
Published by Institut Agama Islam Negeri Kediri
ISSN : 25983156     EISSN : 26228661     DOI : https://doi.org/10.30762/qawanin.v6i1
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Qawanin (Journal of Economic Syaria Law) is a media publication of the results of scientific research, in the field of Economic Syaria Law which includes: - Economic Syaria Law - Islamic strategy for economic development - Critical issues and challenges in Islamic economics and finance development - other topics that are still in line with law and economic developments
Arjuna Subject : Ilmu Sosial - Hukum
Articles 131 Documents
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IMPLEMENTASI SISTEM MINA PADI DALAM MENINGKATKAN KESEJAHTERAAN PETANI PERSPEKTIF MAQASHID SYARIAH Nina Amaliya; Abdul Rosyid
Qawanin: Jurnal of Economic Syaria Law Vol 6 No 2 (2022): December
Publisher : Fakultas Syariah IAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/qaw.v6i2.155

Abstract

The implementation of mina padi system in the Putih Village comes from complaints of farmers who have land east of the river that are often flooded, so it makes the land less productive. So that the headman of Putih Village began the innovation of minapadi system to overcome that problem. Over time, the implementation of minapadi system can increase the welfare of farmers. The welfare obtained by these farmers is not only in the form of wealth, but also includes of soul, mind, descent, and religion. As in maqashid syariah, it is explained that welfare can be achieved if the five basic elements of life are fulfilled. The method used in this study is a qualitative method with descriptive approach. Data sources are obtained from informants, location situation, and documentation files. The results of this study are: 1) The mechanism of mina padi system was begun with land preparation used for the application of the mina padi system. Then, it is continued with the sowing of fish seeds. Putih Village used intercropping pattern with a deep rice plant model equipped with caren. 2) With the implementation of the mina padi system, the welfare obtained by farmers has increased because farmers got two types of results in one time harvest. In addition, minapadi system produced the better results, so it can increase the selling price. 3) The implementation of maqashid syariah in minapadi system namely the farmer welfare in dharuriyah discussion in maintaining religion, wealth, soul, mind, and descent.
THE EFFECT OF GROSS DOMESTIC PRODUCT, EXPORTS, IMPORTS, EXCHANGE RATES, INFLATION AND EXTERNAL DEBT ON INDONESIA'S FOREIGN EXCHANGE RESERVES IN 2017-2020 (STUDY FROM AN ISLAMIC PERSPECTIVE) Alda Heriyatma; Elok Fitriani Rafikasari; Moh Farih Fahmi
Qawanin: Jurnal of Economic Syaria Law Vol 6 No 2 (2022): December
Publisher : Fakultas Syariah IAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/qaw.v6i2.156

Abstract

Indonesia is a country that cannot be separated from international relations. In addition, it also has a major influence in the event iof fluctuations in the world economy caused by adopting an open economic system. By conducting international relations, of course, it can increase foreign exchange reserves which of course provide benefits for the country. Indonesia itself has little foreign exchange reserves available because it is used to pay off the government's foreign debt and high import costs. If a country makes foreign loans continuously, the amount of foreign exchange reserves will decrease, so that the economy becomes sluggish. The purpose of this study was to analyze the effect of gross domestic product, exports, imports, exchange rates, inflation and foreign debt on Indonesia's foreign exchange reserves. The sample in this study is 48 data from 2017-2020. This research method is a quantitative approach with data analysis using classical assumption test, multiple linear regression analysis, hypothesis testing and coefficient of determination test with data processing test equipment, namely SPSS version 16. The results show that partially (1) gross domestic product has a positive and positive effect. significant effect on Indonesia's foreign exchange reserves, (2) exports have a positive and significant effect on Indonesia's foreign exchange reserves, (3) imports have a negative and significant effect on Indonesia's foreign exchange reserves, (4) the exchange rate has a negative and significant effect on Indonesia's foreign exchange reserves, (5) inflation does not have a significant effect on Indonesia's foreign exchange reserves, (6) foreign debt has a positive and significant effect on Indonesia's foreign exchange reserves, (7) simultaneously gross domestic product, exports, imports, exchange rates, inflation and foreign debt have a positive and significant effect on Indonesia’s foreign exchange reserves
TINJAUAN YURIDIS ASAS PERADILAN SEDERHANA CEPAT DAN BIAYA RINGAN TERHADAP PUTUSAN EKONOMI SYARIAH PENGADILAN AGAMA KOTA MALANG TAHUN 2019 Umi Nur Kholifah; Fitriyah, Faridatul; Andi Ardiyan Mustakim
Qawanin: Jurnal of Economic Syaria Law Vol 6 No 2 (2022): December
Publisher : Fakultas Syariah IAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/qaw.v6i2.158

Abstract

The existence of contract furtherly sharia economic contract can’t avoid from dispute’s risk. According of Act Number 3 of 2006 about Islamic Court, legal dispute resolution of sharia economic dispute is being Islamic Court’s authority. One of Islamic Court in Indonesia is Malang City Islamic Court which is must obey the principle of simple justice, quick, and low cost including SEMA Number 3 of 2014. From the beginning of observation, Malang City Islamic Court disobeying the principle of simple justice, quick, and low cost which implemented in SEMA Number 3 of 2014. The focus of this research is (1) what is the concept of the principle of simple justice, quick, and low cost in Indonesian’s act? And (2) what is legal view of the principle of simple justice, quick, and low cost about sharia economic verdict at Malang City Islamic Court in 2019? This research using library research and statue approach, also using legal material in the form of primary legal material, secondary legal material, and tertiary legal material for the example books, journals, acts, legal dictionary, etc. And then all of those legal material will be adjusted within the object of this research. The result of this research is the concept of the principle of simple justice, quick, and low cost can called principle is just because fulfill the meaning of legal principle and the function of legal principle. The principle of simple justice, quick, and low cost have been implemented in various judicial procedural law at Indonesia. Sharia economic verdict at Malang City Islamic Court in 2019 from legal view still can’t obey the principle of simple justice, quick, and low cost and also SEMA number 2 of 2014.
DAMPAK PENGESAHAN RUU OMNIBUS LAW DALAM PERSPEKTIF HUKUM KETENAGAKERJAAN Habibah Zulaiha
Qawanin: Jurnal of Economic Syaria Law Vol 6 No 2 (2022): December
Publisher : Fakultas Syariah IAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/qaw.v6i2.168

Abstract

In his first speech after being sworn in as President of Indonesia 2019-2024, on Sunday, October 20, 2019, President Joko Widodo alluded to making a concept of legislation called Omnibus Law. According to Jokowi, through omnibus law, there will be a simplification of regulatory constraints that are currently convoluted and long. It is a law that simultaneously revises several laws.  To realize this, Jokowi will invite the House of Representatives to discuss 3 (three) major laws, including the Law (UU) on Taxation, Job Creation and the Law on the Empowerment of Small and Micro Medium Enterprises (MSMEs). Each of these laws will become omnibus law. There are two points of interest in the issue of the Establishment of the Omnibus Law Bill namely the Work Copyright Bill and the Tax Bill. The purpose of the establishment of the Omnibus Law Bill according to the President of the Republic of Indonesia, Joko Widodo, is for simplifying the regulatory constraints that are often convoluted and takes long time. The next, omnibus laws are also expected to strengthen the national economy by improving the investment ecosystem. It also to improve Indonesia's competitiveness to encounter the uncertainty situation and deceleration of global economy. The research method applied in this study was empirical research. This method was done through consideration of research specialization including descriptive analysis. It describes the discussions of studies to get certainty of legal position related to the impact of the ratification of the omnibus law bill on job creation between the company and its employees, connected with the laws and practices of civil and employment law. The government has issued a policy by providing legal position and certainty for employment through labour law 79 law and 1,244 articles affected by omnibus law copyright employment, with details: simplification of licensing in 52 laws with 770 articles, investment requirements in 13 laws with 24 articles; employment in 3 laws with 55 articles, ease, empowerment, and protection of UMK-M in 3 laws with 6 articles and ease of effort in 9 laws with 23 articles. Furthermore, there is a research and innovation support section in 2 laws with 2 articles, government administration in 2 laws with 14 articles, the imposition of sanctions in 49 laws with 295 articles, land procurement in 2 laws with 11 articles, investment and government projects in 2 laws with 3 articles, and economic areas in 5 laws with 38 articles. Some things are important in the position and legal certainty contained in the articles of this law. There are some suggestions for the employees and employer. The first, for employment, the existing laws and regulations should be read in advance the content of the legislation as to what. The second, employees should have good understanding at legislation that is in accordance with procedures or even the policies of leaders who are the opposite. If it can be understood correctly so that there is no misperception that can harm employment / employees because of errors in making a policy decision.
SERVICE QUALITY SI MUDHA (SIMPANAN MUDHARABAH) PERSPEKTIF ISLAMIC ECONOMIC Widya Ratna Sari; Dijan Novia Saka; Agus Subandono
Qawanin: Jurnal of Economic Syaria Law Vol 6 No 2 (2022): December
Publisher : Fakultas Syariah IAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/qaw.v6i2.173

Abstract

Service Quality is the main foundation for the growth of an activity. Moreover, Islamic financial institutions are engaged in services. This study aims to look at the Service Quality Si Mudha (Simpanan Mudharabah) in terms of Islamic Economics in Koperasi Syariah Serba Usaha Harum Dhaha Kediri. Using a qualitative approach, this type of research is a case study. The method of obtaining data is through observation, interviews, and documentation which is finally analyzed using data reduction, data presentation, and drawing conclusions. The results of Service Quality carried out with a family system and have implemented five Service Quality determinants, namely: reliability, responsiveness, assurance, empathy, tangible, all of which have been carried out well. It is proven that there is an increase in members Si Mudha (Simpanan Mudharabah) from 2018 to 2021. Meanwhile, when viewed from the perspective of Islamic economics, it has not met the scale of Sharia Economic principles, namely: professional attitudes at work have not been fully formed because there are still some miscommunications between employees and members. The trust has not been covered because there are still delays in shuttle services, especially Si Mudha (Simpanan Mudharabah) The work ethic is also not optimal because it is seen from the professional and trustworthy principles in working that there are still problems. There should be regular evaluation of each performance and a clear division of tasks, so that Service Quality can be carried out optimally. Considering that members are the driving points, Service Quality polishing must be packaged properly. Keywords: Service Quality, Mudharabah, Islamic Economic
القواعد الأصولية في كتاب الموافقات للإمام أبي اسحاق الشاطبي دراسة علم المعرفة (Epistemological Study) Thahir, A Halil; Niwari, Niwari
Qawanin: Jurnal of Economic Syaria Law Vol 6 No 2 (2022): December
Publisher : Fakultas Syariah IAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/qaw.v6i2.183

Abstract

هذا البحث يبحث في القواعد الأصولية في كتاب الموافقات للإمام إبي اسحاق الشاطبي. والمشكلة المطروحة فيه هي ما مصادر القواعد الأصولية في كتاب الموافقات للإمام أبي إسحاق الشاطبي ؟ و كيف منهج كشف الحقيقة للقواعد الأصولية في كتاب الموافقات للإمام أبي إسحاق الشاطبي؟ وهذا البحث بحث مكتبي. توجد بياناتها من المصادر المكتبية, رئيسية كانت وثنائية. وطريقة جمع البيانات هي وثائقي, وهي جمعها على سبيل الكتابة. وطريقة تحليلها هي تحليل المضمون الذي يستخدمه الباحث في تحليل ارتباط مقاصد الشريعة بأصول الفقه وقواعده في فهم النصوص واستنباط أحكامها. ولهذا البحث نتيجتان, هما : الأول, يمكن حصر التنوع المصدري للقواعد الأصولية عند الشاطبي فيما يلي : قواعد أصولية ذات مصدر كلامي, و قواعد أصولية ذات مصدر منطقي, و قواعد أصولية ذات مصدر فقهي, و قواعد أصولية ذات مصدر لغوي, و قواعد أصولية ذات مصدر صوفي, و قواعد أصولية ذات مصدر قرآني, و قواعد أصولية ذات مصدر حديثي, وقواعد أصولية أصيلة. وهذه المصادر منها بيانية و عرفانية و برهانية. الثاني, المناهج المستخدمة لكشف الحقيقة للقواعد الأصولية في الموافقات هي : منهج بياني, ومنهج برهاني, ومنهج استنتاجي, ومنهج نقدي.
Konsep Koperasi Dalam Tinjauan Filsafat Hukum Ekonomi mahmudah, Nur
Qawanin: Jurnal of Economic Syaria Law Vol 6 No 2 (2022): December
Publisher : Fakultas Syariah IAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/qaw.v6i2.230

Abstract

Welfare is one of the goals of the societies that make up the state. There are various ways to fulfill it, one of which is a cooperative. A cooperative is an association of people or entities that gives people the freedom to enter and leave as members, to work together in a family manner in running a business to fulfill or improve the welfare of its members. Mohammad Hatta as the originator of Article 33 of the 1945 Constitution has formulated his philosophical thoughts about the economic system of the Indonesian nation, he emphasized that the principle of kinship is cooperatives, this law is a working effort towards the national economy. Based on these provisions, cooperatives are a constitutionally valid system. At a macro level, cooperatives are envisioned as the backbone of the Indonesian economy based on the principle of kinship to create prosperity and community welfare. In its application, many cooperatives have succeeded, but also many have failed, some have stumbled over fraud cases and so on. Based on this, the question raised in this paper is, how is the ideology, concept and legal structure of cooperatives based on law in Indonesia in terms oEf the philosophy of economic law? To analyze it, the author uses the library research method by collecting valid and relevant data and then comparing, criticizing and analyzing, to draw the right conclusions. The theory of approach is the school of utulitarianism which argues that the purpose of law is the greatest welfare for the people, and legal evaluation is carried out based on the consequences resulting from the process of applying the law. Adherents of this school consider that the purpose of law is to provide as much benefit and happiness as possible to citizens. The purpose of law according to Jeremy Bentham is to realize the greatest happiness of the greatest number, aka the purpose of legislation is to produce happiness for society. Then what about the cooperative system as a system of national economic realization, whether this system by law has fulfilled the principles of utilitarianism. The result of this research is that happiness, defined as the general welfare, must be above all individual happiness in the eyes of the constitution. The argument is that the happiness of all people involved in an event or endeavor is not the happiness of one person alone, but includes all the happiness of its members in general. The happiness of one person should not be considered more important than the happiness of another, hence like the King and subordinates should be treated equally. Thus an action or endeavor is considered good when happiness outweighs unhappiness, and the happiness of everyone involved should be treated in the same way.
Jual Beli Buah Campuran Dalam Peti di Pasar Grosir Buah dan Sayur Ngronggo Kota Kediri Perspektif Sosiologi Hukum Islam Arifatulfajrin; Nurhayati, Siti; Kamil, Hutrin
Qawanin: Jurnal of Economic Syaria Law Vol 7 No 2 (2023): December
Publisher : Fakultas Syariah IAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/qaw.v7i2.248

Abstract

Buying and selling is an agreement to exchange goods or money for goods between both parties willingly and mutually. A sale and purchase transaction is considered valid if it meets the pillars and conditions of the sale and purchase. However, society often engages in practices that contradict Islamic law. This is evident in the practice of buying and selling mixed fruits in crates at the Pasar Grosir Buah dan Sayur Ngronggo Kota Kediri. In this practice, fruits of different qualities are mixed together in crates, and the buyer is unaware of the overall quality of the fruits, resulting in a disadvantage for one party. This research aims to explain the practice of buying and selling mixed fruits in crates and clarify the factors that underlie this practice at the Pasar Grosir Buah dan Sayur Ngronggo Kota Kediri. This research is a field study that utilizes a qualitative and empirical approach. The data sources utilized include primary data and secondary data. The data collection methods used are observation, interviews, and documentation. The data obtained are analyzed through an examination of Islamic legal sociology, and systematic conclusions are drawn. The research results indicate that firstly, the practice of buying and selling mixed fruits in crates at the Pasar Grosir Buah dan Sayur Ngronggo Kota Kediri involves the mixing of fruit qualities by the crate sellers. Buyers can only see the fruits from the outside of the crates. The mixing of fruit qualities is not permissible under Islamic law and contains an element of gharar (uncertainty). The behavior of the sellers contradicts the principles of honesty and trustworthiness in Islamic transactions. Secondly, the factors that underlie the persistence of this practice, despite the prohibition of mixing fruit qualities in Islamic law due to the presence of gharar, are economic factors and convenience. Sellers seek to obtain profits by including rejected fruits of lower quality during the packaging process. Economic factors and convenience play a role in facilitating this practice. Additionally, buyers are enticed by the low prices to sell the fruits in retail or per kilo, and middlemen are also attracted to this practice. However, upon opening the crates, they still find rotten or defective fruits inside. Based on M. Atho Mudzhar's theory, it can be concluded that the level of adherence to Islamic law by sellers and buyers is very low. They are aware that the mixing of fruit qualities in crates is prohibited in Islam, yet they continue to engage in buying and selling activities that clearly involve elements of gharar (uncertainty).
Transaksi Game Slot Berupa Chip ditinjau Atas Dimensi Fiqh dan Hukum Islam Saputra, Andrian; Sandi, Sandi Andika
Qawanin: Jurnal of Economic Syaria Law Vol 7 No 2 (2023): December
Publisher : Fakultas Syariah IAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/qaw.v7i2.290

Abstract

This article examines the practice of buying and selling slot games where chips are included in the gambling buying and selling transactions. This practice is called Maysir in Islamic economics. This kind of buying and selling occurs considering that the level of public interest, from young people to adults, they switch activities by playing this kind of game. Even though a fatwa has been issued from the MUI regarding such games being haram. However, people in Bengkalis consider this game to be just a normal game. The purpose of this research is to find out about forms of buying and selling that are haram carried out with the status of online games. The research carried out is classified as field study type research. Where it uses primary and secondary data sources. The analysis used in this research is to present qualitative analysis to describe and describe slot game transactions in Bengkalis Regency which are studied based on Islamic jurisprudence and law. The current practice of Game Chip trading transactions can be Web-based, starting from advertising on internet-based virtual entertainment, be it Facebook, Instagram, WA and other virtual applications. Thus, the practice of buying and selling slot games is that the object/goods traded contain a maysir component. According to the terms and conditions, buying and selling chips in online games violates Islamic law in buying and selling because it contains elements of gambling (maysir).
Tinjauan Akad dalam Sistem Bainduk Samang di Huler Beras Rolis, Robbi Etman; Arianti, Farida; Rahmi, Zikra
Qawanin: Jurnal of Economic Syaria Law Vol 7 No 2 (2023): December
Publisher : Fakultas Syariah IAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/qaw.v7i2.300

Abstract

This study examined the bainduk samang system in rice huler. The relationship between farmers and rice huler owners in accommodating rice/grain harvesting objects as trade objects. The purpose of how to bainduk samang that provides benefits in economic transactions such as capital, accounts receivable and accompanied by buying and selling between rice huller owners and farmers. Types of field research with descriptive qualitative methods. This research approach is with a phenomenological approach in the cold water community of Koto Tangah Padang. The results of this study show that the motives of farmers to do bainduk samang as a form of farmers' efforts for the sustainability of being able to grow crops. With the cooperation of Bainduk Samang to the owner of Huler. As a result, the contract is carried out with accounts receivable and buying and selling. The form of buying and selling is conditional, that is, it is to be sold to the lender at a price below the market. Conditional buying and selling in fiqh in order to reduce the price of the fasid buying and selling category

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