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Hairus Saleh
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hairus.saleh@uingusdur.ac.id
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el_hisbah@uingusdur.ac.id
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Jl. Pahlawan Rowolaku, Kec. Kajen, Pekalongan, Jawa Tengah, Indonesia. PO.BOX 51161
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el hisbah: Journal of Islamic Economic Law
Published by Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan
ISSN : 27975819     EISSN : 28282981     DOI : https://doi.org/10.28918/el_hisbah
Core Subject : Religion, Economy, Science, Social,
Religion Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
The journal publishes research articles and conceptual articles of Sharia Economic Law. Focus and scope Basic Study of Sharia Economic and Business Law, Contemporary Study of Sharia Economic and Business Law, Sharia Economic and Business Dispute Resolution.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol 2 No 2 (2022)" : 8 Documents clear
Implementasi Perjanjian Sewa Menyewa Tanah oleh PT. KAI kepada PT. Herona Express Pekalongan: Analisis Akad Ijarah Hasna, Dewi; Suhendar, Heris; Budiman, Satria
el hisbah Journal of Islamic Economic Law Vol 2 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i2.802

Abstract

Economic transactions are carried out by humans in order to fulfill their needs, one of which is a land lease agreement as carried out by PT. KAI with PT. Herona Express Pekalongan. What's interesting about this case, one of the parties changed the contents of the lease agreement, and the change in the agreement was in the lease period that had not yet expired. So it is interesting to study using ijarah contract analysis, is there a unilateral change in an agreement whether it is in accordance with the concept of ijarah contract. This research is a field research with a qualitative approach. The results of the study show that based on the results of the analysis, in general the land lease agreement has fulfilled its pillars and conditions. The change in the agreement does not damage the pillars and terms of the agreement because the change in agreement is based on the approval of the related parties, besides that the party that changed the agreement (PT. KAI Express) also provides compensation in the form of relocation. Meanwhile, when viewed from the reasons for changing the agreement which prioritizes the public interest, it is in line with the concept of maslahah 'ammah.
Praktik Jual Beli Motor Dengan Sistem Inden di Dealer Yamaha Surya Inti Putra Pekalongan dalam Analisis Teori Ba’i As-Salam Alim, Fikri; Khasanah, Karimatul
el hisbah Journal of Islamic Economic Law Vol 2 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i2.804

Abstract

This study examines the reasons for the dely in motorcycles delivery and how to analyze the Ba'i As-Salam theory on the practice of buying and selling motorbikes with a pivot system at the Yamaha Surya Inti Putra dealer in Pekalongan. Indent system if in Islamic law can be equated with buying and selling greetings. However, in the motorcycle pivot system that occurs at the Yamaha Surya Inti Putra Pekalongan dealer, the motorcycle is often not in accordance with the agreement promised by the dealer because in general the motorcycle arrives more than the agreed time, when the goods ordered do not match the agreed time. So based on the Ba'i As-Salam theory, it is contrary to one of the legal conditions in buying and selling, where the goods ordered must have clarity when it arrives. This research used field research with a qualitative approach. Research results show that the factor of delay in motorbike delivery, it was caused by production capacity, unit allocation, and certain specifications. The terms of salam that have not been fulfilled by dealers in the practice of buying and selling salam, namely the promised time for delivery of goods because the pivot system does not provide certainty. The reason for the time delay experienced by the Yamaha Surya Inti Pura Pekalongan dealer is included in the category of reasons allowed by sharia because there was no deliberate factor on the part of the dealer.
Kesadaran Hukum Petani Tambak Udang Vaname Muslim Dalam Menunaikan Kewajiban Zakat Maal Khomsatun, Dede; ., Mubarok
el hisbah Journal of Islamic Economic Law Vol 2 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i2.807

Abstract

Vaname shrimp farming is very promising, with a net income in one harvest that can reach $80 million if successful. However, the majority of farmers do not issue pond zakat, but some are only giving alms, either in the form of 2.5 kg of rice, which is distributed to neighbors in as much as 25 packs, or in the form of shrimp that do not enter the sorting and are distributed to houses around the pond. Even though it can be said that his income has reached nishab. On this basis, the researcher will answer how the legal awareness of vaname shrimp pond farmers in Mojo village, Ulujami District, and Pemalang Regency affects fulfilling zakat obligations and what factors affect the level of legal awareness of vaname shrimp pond farmers in Mojo village in fulfilling zakat obligations. This research is empirical legal research with a qualitative approach. The results showed that the legal awareness of vaname shrimp pond farmers in Mojo Village in fulfilling zakat obligations is relatively low. This is because the farmers of vaname shrimp ponds do not understand the nishab, haul, and amount of zakat. As a result of its expenses, there is no calculation. Factors that affect the level of awareness of vaname shrimp pond farmers in fulfilling this zakat obligation are education, the lack of role of community leaders and the government's role in organizing socialization, and habitual factors.
Kesadaran Hukum Konsumen Muslim Pembeli Ragi Di Pasar Wiradesa Kabupaten Pekalongan terhadap Regulasi Sertifikasi Halal Manasikana, Arina; Khasanah, Karimatul; Rahmawati, Heny
el hisbah Journal of Islamic Economic Law Vol 2 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i2.810

Abstract

Based on Law No. 33 of 2014 concerning Halal Product Guarantee, all food products in circulation must be halal certified. However, the yeast sold at the Wiradesa Market is not yet halal certified. Interestingly, yeast that has not been certified halal is still in great demand by Muslim consumers. This study aims to determine the legal awareness of Muslim consumers regarding product regulations that must be halal certified and to determine the factors that influence the level of legal awareness of consumers buying yeast in the Wiradesa market. This type of research is field research using a qualitative approach. The results of this study indicate that the legal awareness of Muslim consumers buying yeast in the Wiradesa market is low. Indicators of legal knowledge and understanding are not fulfilled due to public ignorance regarding regulations on halal product certification. The factors that influence the level of legal awareness of Muslim consumers who buy yeast at the Wiradesa Market are educational factors and economic factors.
Implementasi Fatwa DSN MUI No. 116/DSN-MUI/IX/2017 tentang Uang Elektronik Syariah di KSPPS BMT Bahtera Pekalongan Maulana, Akbar; Kholil, Makrum
el hisbah Journal of Islamic Economic Law Vol 2 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i2.812

Abstract

This study examines the mechanism for electronic money transactions at the BMT Bahtera Pekalongan Cooperative and the DSN MUI Fatwa NO. 116/DSN-MUI/IX/2017 regarding sharia electronic money at the BMT Bahtera Pekalongan Cooperative. This research used field research with a qualitative approach. While the data collection techniques used are observation, interviews, and documentation. The data analysis technique used is qualitative data analysis following the model given by Miles and Huberman with data analysis using data reduction, data presentation, and verification or conclusion. Research results show that the mechanism for electronic money transaction in the BANTERA Mobile application uses a wadiah contract and a mudhorobah contract where customers/members are requited to open a saving book in advace using a udhorobah and wadiah contract. As for the aplication of the DSN MUI Fatwa NO. 116/DSN-MUI/IX/2017  CONCERNING Shariah electronic money, in the first fatwa regarding general provison number 1 point c it states “the nominal amount of electronic money managed by issuers is a deposit as intended in the laws governig banking.
Penyelesaian Pembiayaan Murabahah yang Bermasalah (KSPPS BMT Mitra Umat Pekalongan Cabang Krapyak) Nabila, Nurma; Jalaludin, Akhmad; Pratami, Bunga Desyana
el hisbah Journal of Islamic Economic Law Vol 2 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i2.823

Abstract

Non-performing financing is not expected by financial institutions that provide financing products because it can cause losses to financial institutions. The purpose of this study is to analyze the supporting and inhibiting factors in efforts to resolve problematic murabahah financing at KSPPS BMT Mitra Umat Pekalongan Krapyak Branch in 2021 and analyze the suitability of efforts to resolve problematic murabahah financing at KSPPS BMT Mitra Umat Pekalongan Krapyak Branch in 2021 with the DSN-MUI Fatwa and KHES. This type of research is sociological law with data collection techniques through interviews and documentation. The results of the study show that the supporting factors in efforts to resolve problematic murabahah financing are supervision and communication with customers; customer awareness and good faith; cooperative customers to the agreement; as well as the existence of a team of lawyers who provide a deterrent effect. The inhibiting factor is the character of the customer; customer dishonesty; unstable economic condition; and customers are reluctant to sell collateral. There is a discrepancy with the provisions of the DSN-MUI fatwa and KHES, namely the point of debt relief at the guarantee execution stage, the point of converting a contract. KSPPS BMT Mitra Umat Pekalongan Krapyak Branch does not apply sanctions to customers who delay payments, but charges compensation for transportation costs when billing the customer's home.
Akad Ijarah Pada Praktik Pemberian Upah Jasa Penggali Kubur Di Desa Yosorejo Kabupaten Batang Dalam Perspektif ‘Urf Mufarikha, Azka; Inayati, Anindya Aryu; Rosyid, Irkham Abdul
el hisbah Journal of Islamic Economic Law Vol 2 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i2.825

Abstract

Every human being cannot fulfill his needs without other people. So, Allah ordered His servants to fulfill the help. Human relations according to Islamic law are muamalah. In general, wages are the agreed total amount of replacement services determined by workers covering certain periods and conditions. This study aims to explain the practice of giving grave diggers wages in Yosorejo Village, Batang Regency in the 'Urf Perspective and to analyze the Conformity between the Ijarah Agreement and the Practice of Grave Digger Service Wages in Yosorejo Village, Batang Regency. This type of research is a socio legal research approach or empirical legal research and a conceptual approach. Primary data sources were obtained from observations and interviews by gravediggers and the community. Sources of secondary data obtained from research journals, previous research, and fiqh books related to research problems obtained by documentation techniques. Data analysis is carried out continuously. The results of this study indicate that the practice of providing wages for gravediggers in Yosorejo Village, it appears that the practice of wages is an inherent and long-standing tradition. Tradition in a society is a custom that is not easy to abolish or replace with new habits.
Analisis Hukum Islam terhadap Kerjasama Bagi Hasil Pengelolaan Lahan Perhutani Di Desa Kutorojo Pekalongan Sasmito, Andi; Qomariyah, Siti
el hisbah Journal of Islamic Economic Law Vol 2 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i2.826

Abstract

Perhutani's land management cooperation is unique because it uses three forms of cooperation at once in practice. So it is interesting to study whether this form of cooperation is in accordance with Islamic law. Therefore this study aims to find and understand the reasons for the practice of profit-sharing collaboration between Perhutani and the people of Kutorojo Village which use three forms of cooperation at once and how Islamic law analyzes these cooperative practices. This type of research is field research using a conceptual approach. The source of the data in this research is the results of interviews with the parties involved in the collaboration as well as Islamic legal concepts related to land management cooperation. The results of this study indicate that the three forms of cooperation carried out at the same time are in accordance with the needs in land management. The three forms of cooperation carried out are in accordance with the concept of cooperation in Islam because each form of cooperation has fulfilled its pillars and legal requirements.

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