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Journal of Islamic Law Studies
Published by Universitas Indonesia
ISSN : 26208860     EISSN : 26144829     DOI : https://doi.org/10.46708
Core Subject :
JILS has a scope of Islamic law including sharia economics, perspectives on Human Rights in Islam, Islamic Criminal Law, Islamic Civil Law, Zakat, Islamic Philosophy, and other matters related to Islamic knowledge.
Arjuna Subject : -
Articles 7 Documents
 1 
Search results for , issue "Vol. 2, No. 3" : 7 Documents clear
EFFECTIVENESS OF MEDIATION IN THE DISPUTE RESOLUTION OF ISLAMIC ECONOMICS IN INDONESIAN RELIGIOUS COURTS Setyowati, Ro’fah; Musjtari, Dewi Nurul; Susilowati, Indah
Journal of Islamic Law Studies Vol. 2, No. 3
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Abstract

Mediation is a mandatory procedure in the resolution of civil cases in the courts since 2003. In the implementation of the Islamic banking dispute settlement after the Constitutional Court decision No. 93 / PUU-X / 2012 in the Religious Courts, mediation mechanisms demonstrates increasing success, to an average of 10%. Based on this phenomenon, it is important to do research to know the depth of the effectiveness of mediation in the settlement of disputes in the Indonesian Religious Courts. This study aims to discover the reasons for the selection of mediation as a dispute resolution mechanism syariah economic cases, and to analyze the factors that may affect the success of mediation in the Religious Courts in Indonesia. Some theories used to analyze in this research is the theory of operation of the law by Robert B. Seidman and sibenertika theory of Talcot Parson, as well as the effectiveness of law enforcement concepts according Soerjono Soekanto. This study is a socio-legal or juridical empirical research, using qualitative analysis and approach to philosophical, historical, and juridical. Based on this research, it was found that the concept of mediation is appropriate to be applied to the Religious Courts in Indonesia. It thus known from the cultural aspects of law enforcement with the parties to the dispute in the Religious Courts. Moreover, the attitudes of the Muslim community who like peace provide a positive stigma and support to the judiciary, as well as encourage the compliance of parties to implement the decision. Professionalism among judges as mediators maintained sidiq nature, mandate, sermons and fathonah is one of the factors that influence the success of mediation Religious Courts in Indonesia.
ACCELERATING GROWTH THROUGH THE IMPLEMENTA-TION OF ISLAMIC BANKING GOVERNANCE Abubakar, Lastuti; Handayani, Tri
Journal of Islamic Law Studies Vol. 2, No. 3
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Abstract

Indonesian sharia banking industry’s growth chart shows a rising, albeit decelerating. Data published by the FSA indicates that Islamic banking accounted for 4.81% of market share to achieve the growth assets 11.97% as of June 2016. At the global level, the Islamic financial services sector including banking, control of 3% and together with Qatar, Saudi Arabia, Malaysia, United Arab Emirates and Turkey became the driving force of Islamic finance in the future. Based on the data above, efforts are needed to accelerate the growth of Islamic banking in both the national and global level to take advantage of opportunities that are still open. One of the strategic issues faced and the impact on the growth of national banks is understanding and awareness is still low, causing public misperception among others, relating to the terms, covenants and transparency of the product; as well as costly. The problem will be discussed is how the implementation of sharia governance can be used as a means to increase public confidence in the Islamic banking and ultimately encourage the growth of Islamic banking. Regulation on governance in Islamic banking mandated in Article 34 of Law No: 21 of 2008 concerning Islamic Banking which requires Islamic banks and Sharia implement good governance which include the principles of transparency, accountability, responsibility, professional and fairness in conducting its business activities with regard sharia principles in the form of a ban on business ac-tivities that contain elements of usury, maysir, gharar, zhulm, tabdzir, risywah and maksiyat. Besides Islamic bank based spiritual footing, which is committed to conducting business based on principles of halal and Tayib, so the function of Islamic banking can as an intermediary that is capable of pros-pering the people and sustainable. Therefore, Sharia Supervisory Board is obliged to ensure that banking activities comply with sharia and sharia governance principles.
DEFAULT/BREACH OF CONTRACT CHARACTERISTICS OF MUDHARABAH FINANCING IN SHARIA BANKING Usanti, Trisadini Prasastinah; Raden Roro, Fiska Silvia
Journal of Islamic Law Studies Vol. 2, No. 3
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One of financings channeled by Sharia Bank is mudharabah. The contract of mudharabah is a mutual agreement between the first party (malik, shahibul maal, or Sharia Bank) which supports the whole capitals and the second party (‘amil, mudharib, or Customer) which acts upon fund endowment by sharing the profit in accordance with the agreement stated in the contract, while the loss is fully covered by Sharia Bank unless the customer (mudharib) makes an intentional mistake, in negligence or violates the agreement. Mudharib in the contract of mudharabah acts upon amin (the trusted one). The capital given is a mandate being held by mudharib. Mudharib is as the representative. The position of mudharib as the representative is trusted by shahibul maal in running the business and Mudharib as a partner in earning the profit. Mudharib will get the share of the profit from the business run. Mudharabah financing is a financing that shares the profit and loss, therefore if mudharib in fund endowment finds failure not under his intention and his failure does not cause profit share in accordance with the profit share ascribed, thus mudharib cannot be sentenced as being default/breach of contract of mudharabah as it is characterized in default/breach of contract. The criteria of default/breach of contract is when the customer does not follow the agreement or he does based on the agreement yet not as well as it is agreed or he follows what is agreed yet overdue or does something prohibited in the agreement
PERAN DEWAN PENGAWAS SYARIAH DALAM PEMENUHAN SYARIAH COMPLIANCE OLEH LEMBAGA KEUANGAN SYARIAH Munthe, Abdul Karim; Praramadhani, Ichsan Suryo; Satrya, Rahmat Indera
Journal of Islamic Law Studies Vol. 2, No. 3
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Abstract

Pengawasan pada lembaga keuangan syariah lebih banyak dibanding dengan lembaga keuangan bukan syariah. Lembaga keuangan syariah selain diawasi oleh Otoritas Jasa Keuangan (OJK), ia juga diawasi oleh Dewan Pengawas Syariah (DPS). Pengawasan yang dilakukan oleh DPS adalah untuk menjamin kepatuhan terhadap prinsip-prinsip syariah yang tertuang dalam fatwa Dewan Syariah Nasional (DSN) yang telah maupun yang belum diserap dalam peraturan perundang-undangan. Namun pada praktiknya masih sering ditemukan lembaga keuangan syariah yang menjalankan usahanya tidak sesuai dengan prinsip syariah. Sehingga kondisi tersebut menimbulkan pertanyaan bagaimana sebenarnya peran DPS dalam melakukan pengawasan terhadap lembaga keuangan syariah. Pertanyaan tersebut penting untuk dijawab guna menjamin terpenuhinya prinsip-prinsip syariah. Selain itu penelitian ini pada akhirnya akan membentuk satu pedoman good corporate governance. Untuk menjawab permasalahan tersebut maka penelitian ini dilakukan dengan metode normative dengan menggunakan tiga pendekatan, yaitu pendekatan perundang-undangan, pendekatan konsep dan pendekatan perbandingan. Perbandingan dilakukan terhadap negara Arab Saudi. Pemilihan Arab Saudi dilakukan karena negara tersebut dianggap sebagai negara dengan perkembangan ekonomi syariah tinggi.
CONCEPT OF TAHKIM IN INDONESIA FOR ISLAMIC BUSI-NESS DISPUTE SETTLEMENT Daryanto, Daryanto
Journal of Islamic Law Studies Vol. 2, No. 3
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Abstract

In pre-Islamic Arabian, the Concept of Tahkim (arbitration) was known practiced to settle various types of civil commercial disputes. In Islamic law, the concept of Tahkim has not yet become the rule of Islamic law. But concept of Tahkim is still the ideology that can be developed into a basic validity of Arbitration. In the past period, the practice of, Tahkim was often done by the prophet’s friends. The concept of Tahkim in Indonesia is applied for Islamic business dispute settlement, for example Islamic Banking. Indonesia applies the concept of Tahkim which is called “Basyarnas” (Arbitration Institutions). Basyarnas is an institution that resolving disputes based on Islamic principles and run the settlement of disputes in Islamic business sector.
THE IMPLEMENTATION OF COLLATERAL IN THE CON-TRACT OF MUDHARABAH FINANCING ACCORDING TO ACT NO. 21 OF 2008 ON SHARIA BANKING AND DSN-MUI’s FATWA Harahap, Mhd. Yadi
Journal of Islamic Law Studies Vol. 2, No. 3
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Abstract

Contract of mudharabah financing is principally intended to meet the interests of businesses in terms of capital or additional capital to implement a productive business, between two or more parties. The problems of contract of mudharabah financing arises when owners of capital requires collateral to be met by businesses. Imposition guarantees in classical fiqh that developed by the mazhab of Imam that in terms of mudharabah financing, capital owners cannot demand collateral from businesses to recoup the principal or capital plus profit. If the owners of capital require the provision of collater-al from mudharib and make collateral as a condition of a contract then the cooperation contract is null and void according to Maliki and Shafi’i. According to the Hanbali, and Abu Hanifah, only the conditions were null and void, while contract itself remains valid. In general, according to Law No. 21 Year 2008 on sharia banking, collateral is termed by rahn and kafalah. This is in line with the DSN-MUI Fatwa formulating collateral consists of Rahn and kafalah. It should be understood that the contract of mudharabah financing is different from the concept of financing debts that require no collateral. When syariah banking is applying guarantee in the contract of mudharabah financing, it will lead to another problem that is interest to be discussed. This research applies a legal normative method by approach legislations and Fatwa DSN-MUI, this allows the researcher to find the answer about the problems that are considered correct.
LEGALITY LAWS AGAINST THE ROLE OF MOSQUE AS A UNIT MANAGEMENT OF ZAKAT MANAGEMENT (UPZ) A STRATEGIC WAY TO INCREASING WELL-BEING Hikmah, Nurul
Journal of Islamic Law Studies Vol. 2, No. 3
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Abstract

Zakat is an obligation that should be adopted by a moslem to give a part of their wealth to pass (mus-tahiq) in accordance with islamic syariah. View the community of the existence of the institutions of amil and zakat (LAZ) has not so good, so people want to give (muzakki) more channel until the day own directly to mustahiq. One contributing factor is still less transparent and less well target-ed distribution hearts. Therefore, the need to improve the management of zakat is one solution to make the mosque as a unit zakat (UPZ) based on the collection and distribution of zakat. mosque as a unit zakat management unit has not been fully optimized. This is due to various limitations and constraints that are owned by the agency. However, the mosque has the potential for management in the form of a charity, and of course as a place of worship is very strategic in improving the welfare of pilgrims. The government can give legality aggregator Zakat Unit which is a continuation BAZNAS as a service to the community.

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