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Hairus Saleh
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hairus.saleh@uingusdur.ac.id
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+6287850584379
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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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INDONESIA
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 3 No 2 (2023)" : 8 Documents clear
Jual Beli Ayam Sabung Perpektif Fikih Muamalah Maulana, Ivanda Singgih; Trigiyatno, Ali
el hisbah Journal of Islamic Economic Law Vol 3 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v3i2.957

Abstract

Cockfighting has become a legal culture in the mulsim community of Batang Regency, Central Java. Consumers who want to buy will usually first ask for the characteristics of the sabung chicken in question or the type of chicken that is being sought, then the seller will provide several choices of sabung chickens that are sold to be given to prospective buyers then if the buyer matches the sabung chicken there is a bargaining process until he gets the appropriate price then payment is made in cash to the seller. But this is contrary to the norms of sharia economic law. This research aims to analyze more deeply about the sale and purchase of sabung chicken from the point of view of muamalah fiqh. This research method includes empirical juridical research using a qualitative approach. Data collection techniques using interview techniques, observation and documentation. The analysis technique used is qualitative analysis of interactive models. The results of this study indicate that the sale and purchase of sambung chicken is prohibited because although the pillars of this sale and purchase are valid, the legal conditions for this sale and purchase are not fulfilled. This is due to the purpose of most people who buy sabung chicken to be used as a bet in cockfighting.
Prinsip Maslahah Dalam Penyelenggaraan Bidang Jaminan Produk Halal Salman Hikam; Karimatul Khasanah
el hisbah Journal of Islamic Economic Law Vol 3 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v3i2.1135

Abstract

This study aims to analyze Government Regulation Number 39 of 2021 concerning implementing the Halal Product Assurance Sector with the principle of maslahah. With a normative legal research method through a statutory and conceptual approach. The results of the study show that the articles that have drawn criticism are in article 39. Halal Auditors are limited to being registered with only one Halal Inspection Institution. This shows that there is maslahah khassah, namely that Halal Auditors only provide specific benefits for one LPH or it can be said that there is still an element of harm because it still limits the profession of other Halal Auditors. Article 81, regarding free halal certification financing facilities for business actors, the policy of providing free certification facilities for business actors, makes BPJPH have a limited role in the halal certification process, because the halal certification process is required through a halal product companion. Article 150, regarding the imposition of sanctions that violate articles 93 and 94. Business actors who produce non-halal products are required to include a non-halal statement on their products. However, BPJPH is not given full authority to impose heavy administrative sanctions on business actors, which also has the potential to cause harm.
Pertimbangan Hakim dalam Putusan Wanprestasi di Pengadilan Batang Khairunas Muhammad Prihartika; Khasanah, Karimatul
el hisbah Journal of Islamic Economic Law Vol 3 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v3i2.1143

Abstract

This study aims to analyze the reasons why the Batang Religious Court Judge accepted the default lawsuit case filed by KSPPS Minna Lana Pekalongan and the basis for the Judge's considerations in resolving the default lawsuit case with the usual procedure. This research method uses a juridical-empirical approach with a case study approach and a statutory approach. Both approaches are used to interpret, explore, or gain a deeper understanding. The results of this study indicate that the reason the Batang Religious Court Judge accepted the default lawsuit case filed by KSSPS Minna Lana Pekalongan was based on the suitability of the defendant's residence, namely in Batang Regency. The basis for the Judge's consideration in resolving the default lawsuit with the usual procedure rather than with a simple procedure is because the case contains land rights objects, and the domiciles of the parties are different. So that these 2 things are not categorized or excluded from the provisions of Supreme Court Regulation 4 of 2019 concerning Procedures for Settling Simple Lawsuits, but follow customary customs. This research contributes to the development of the theory and practice of Islamic economic law in the settlement of modern civil disputes, especially in the Religious Court environment. In addition, this research can be an evaluative reference for law enforcement practices in Religious Courts, namely regarding the suitability of judges' considerations to the principles of justice, legal certainty, and benefit.
Implementasi Fatwa MUI tentang Penyelenggaraan Pariwisata Berdasarkan Prinsip Syariah pada Wisata Edukasi Kampung Tahu Desa Babalanlor Kecamatan Bojong Kabupaten Pekalongan N. Syakirohtul Riskiyah; Amir Tajrid; Hasanudin
el hisbah Journal of Islamic Economic Law Vol 3 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v3i2.1150

Abstract

This study aims to analyze the implementation of educational tourism in Pekalongan Regency. At the same time discussing the implementation of DSN-MUI fatwa No. 108 concerning the implementation of sharia-based tourism. The research method uses empirical juridical with a qualitative approach, this study was conducted in the tofu village tourism of Babalanlor Village, Pekalongan Regency, Central Java. The results of this study indicate that the implementation of educational tourism in Pekalongan Regency, especially in the tofu village of Babalanlor Village, Pekalongan Regency, is not a tour labeled as sharia tourism, but in its implementation there are some that have met sharia principles, this tour guide in providing guidance during visits uses clothing that is in accordance with Islamic law and wears a hijab for female guides, there is a prayer room that can be used to perform prayers in this tour, the food provided in this tour is also halal food and the guidelines for organizing tourism based on sharia principles contained in the DSN-MUI fatwa Number: 108 / DSN-MUI / X / 2016 have not been fully applied to the tofu village educational tour, but more sharia principles have been applied than have not been applied to this tour.
Akibat Hukum Pembatalan Secara Sepihak Oleh Konsumen Dalam Perjanjian Pemasanan Ojek Online Gaskeun Delivery Heris Suhendar; Qotrunada, Anissa; M. Ilham T , M. Ilham T
el hisbah Journal of Islamic Economic Law Vol 3 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v3i2.1189

Abstract

Unilateral cancellation of orders by consumers intentionally on the online motorcycle taxi service gaskeun delivery can cause losses to one party and is not in accordance with the principles of the agreement. This study discusses unilateral cancellation by consumers and its legal consequences on the online motorcycle taxi service gaskeun delivery. Further discusses dispute resolution. The research method uses empirical legal research with a qualitative approach, laws and conceptual regulations. The results of the study indicate that unilateral cancellation of an agreement without any reason justified by law is an unlawful act. The legal consequences of unilateral cancellation of an agreement are the emergence of the right to claim compensation for the party who canceled and the obligation to compensate for the party who canceled the agreement. The approaches that can be used in resolving unilateral cancellation of an agreement are the interest-based and right-based approaches. The interest-based approach is the first choice, because this approach can be carried out effectively and efficiently, considering the amount of loss caused by the act is not too large. This study contributes to the development of contract law, especially the settlement of cancellation of agreements.
Tindakan Penyalahgunaan Keadaan (Misbruik Van Obstandigheden) dalam Penyaluran Tenaga Kerja (Studi Kasus Penyaluran Tenaga Kerja di Kecamatan Doro) Izza, Siti Zuhrotul; Diniyanto, Ayon; M. Asro
el hisbah Journal of Islamic Economic Law Vol 3 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v3i2.1194

Abstract

This study aims to find the existence of abuse of circumstances in the placement of labor and the legal consequences that occur from the existence of abuse of circumstances in the placement of labor. By using empirical legal methods and through the approach of legislation, conceptual and case analysis. This study resulted in that there were several placements of labor as household assistants. The agreement from one of the placement places was not in accordance with the agreement in general, namely by not fulfilling one of the valid conditions of the agreement. In addition, the placement of labor that existed did not meet the legal regulations applicable to a place of placement of labor, that the placement place had not been registered as an official institution for placement of labor and from this it could cause several legal consequences, including the agreement that was made could be canceled, not getting a way to resolve it if a problem occurred through legal channels, and so on. This study contributes to the need for a valid agreement in accordance with the norms of the contract in accordance with positive law in Indonesia.  
Perjanjian Kemitraan antara Penyedia Aplikasi Nujek dengan Mitra dalam Perspektif Hukum Ekonomi Syariah Febriani, Hardini; Fateh, Mohammad
el hisbah Journal of Islamic Economic Law Vol 3 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v3i2.1198

Abstract

The phenomenon of the rise of online application-based transportation is currently widely circulating in society, even online motorcycle taxis have emerged based on sharia. This is expected to be able to meet the needs of the community for public transportation that still upholds sharia principles, but the partnership agreement between the Nujek application provider and partners is very vulnerable to problems and legal risks. This study aims to analyze how the Sharia Economic Law reviews the form of cooperation between the Nujek application provider and partners. This research method uses empirical juridical, using a qualitative approach. The results of this study indicate that the form of cooperation between the Nujek application provider and partners is a form of partnership, which when viewed from Sharia Economic Law, is included in the category of syirkah 'inan. However, in practice, syirkah 'inan with partners still has weaknesses. Because Nujek is not responsible for the risks that will occur and does not provide guarantees to partners. so that from the perspective of Sharia Economic Law, the syirkah agreement in the Nujek cooperation with partners is declared fasid (damaged), then the syirkah cannot be carried out before the cause of the fasid is eliminated.
Perlindungan Hukum Terhadap Hak Cipta Karya Seni Digital Perspektif Hukum Islam Rizqi Izrul Alamsyah; Rahmawati, Rita
el hisbah Journal of Islamic Economic Law Vol 3 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v3i2.1204

Abstract

This study aims to analyze how the regulation on Digital Work Copyright in Positive Law in Indonesia and how the legal protection of copyright in digital artwork from the perspective of Islamic Law and Law No. 28 of 2014 concerning Copyright. With qualitative and normative legal methods through a legislative and conceptual approach, which is taken by considering all laws and regulations related to the problem at hand, and a conceptual approach. The results of this study can be concluded that the Regulation on Digital Work Copyright in Positive Law in Indonesia according to Law Number 28 of 2014 can be done in two ways, namely first, preventive protection efforts by protecting copyright starting with warnings and reprimands for perpetrators who commit violations. Second, repressive legal protection where this protection effort is at a more serious stage, namely through dispute resolution. Copyright Legal Protection in Islamic Law Copyright protection (Haqq al-Ibtikar) or ownership in Islamic law can be done in two ways, namely the first is the protection of min Jānib al-Wujūd. Second, the protection of min Jānib Al-Adami

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