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<![CDATA[TABUNGAN SAFARI DI KOSPIN JASA SYARIAH BATANG : PERSPEKTIF HUKUM EKONOMI SYARIAH ]]>
<![CDATA[Frika Arista]]>;
<![CDATA[Rita Rahmawati]]>
<![CDATA[ el hisbah: Journal of Islamic Economic Law Vol. 2 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/el_hisbah.v2i2.6684
<![CDATA[Kospin Jasa Syariah is one of the Service Cooperative institutions that has many products, one of which is the Safari Savings product. Safari Savings is a term savings with profit sharing in the form of free tours. The contract used in this Safari Savings is a mudharabah contract, where Kospin Jasa Syariah is the mudharib and the customer is the shaahibul maal. However, in practice at the Batang Syariah Services Kospin, it turns out that it is not in accordance with the DSN-MUI Fatwa Number 86/DSN-MUI/XII/2012 concerning Prizes in Funding for Islamic Financial Institutions because in the safari savings there is a prize in the form of money. The purpose of this study was to determine the practice of Safari Savings at Kospin Jasa Syariah Batang and to find out the perspective of Sharia Economic Law regarding the giving of gifts in the form of money. This type of research is a field research (field research) with a qualitative approach. The data sources consist of primary data obtained by observation and interview techniques to the management of Kospin Jasa Syariah Batang and 5 customers selected by accidental sampling technique. Secondary data in the form of literature books, research journals, theses, research results, and documents relevant to the research obtained with documentation techniques. Data were analyzed by descriptive analysis technique. Based on the results of the study, it can be concluded that in terms of the practice of drawing prizes in the form of money in Safari Savings it is not in accordance with the Fatwa of DSN MUI, there are several points that are not in accordance with the Fatwa of DSN MUI No. 086/DSN-MUI/XII/2012 concerning Prizes in Funding for Islamic Financial Institutions. Keywords: Safari Savings, MUI DSN Fatwa, Prize Draw]]>
<![CDATA[IMPLEMENTASI PERJANJIAN SEWA MENYEWA TANAH OLEH PT. KAI KEPADA PT. HERONA EXPRESS PEKALONGAN : ANALISIS AKAD IJARAH ]]>
<![CDATA[Dewi Hasna Layaliya]]>;
<![CDATA[Heris Suhendar]]>;
<![CDATA[Satria Budiman]]>
<![CDATA[ el hisbah: Journal of Islamic Economic Law Vol. 2 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/el_hisbah.v2i2.6685
<![CDATA[Economic transactions are carried out by humans in completing their needs. One of them is a lease such as a land lease agreement made by PT. KAI with PT. Herona Express Pekalongan. However, PT. KAI amended the agreement in which the tenant is asked to leave the leased land on the grounds that it will be used as PT.KAI's operations. Even though the lease period has not expired and the tenant has not violated the terms of the agreement. Then the tenant is given land in a new location to be rebuilt with a new agreement. This research is a library research with a qualitative approach. The results of this study indicate the implementation of land leases by PT. KAI to PT.Herona Express that the land lease agreement began in 2010. Then in 2014 it was extended on Tuesday, July 8, 2014 in Bandung with an Asset Lease Agreement of PT. KAI (Perrsero) No.Hk..221/VII/1/KA-2014. Regarding the object of the lease of PT. Herona Express Pekalongan has an area of 15 m2 at a cost of Rp. 46.020,000 lease period 4 years 11 months starting 01 June 2014 - 30 April 2019. Analysis of the ijarah agreement on the implementation of land lease by PT. KAI to PT. Herona Express Pekalongan in terms of the pillars, terms, and procedures for terminating the ijarah contract are in accordance with the syara'. In its implementation, there is a change in the agreement that is allowed because it prioritizes public needs with the construction of a food court, the convenience of tenants, and the provision of compensation in the form of relocation. Therefore, if analyzed specifically with the ijarah contract, the actions taken by PT. KAI to PT. Herona Express Pekalongan is allowed in the ijarah agreement.]]>
<![CDATA[KESADARAN HUKUM KONSUMEN MUSLIM PEMBELI RAGI TERHADAP REGULASI PRODUK BERLABEL HALAL DI PASAR WIRADESA KABUPATEN PEKALONGAN ]]>
<![CDATA[Arina Manasikana]]>;
<![CDATA[Karimatul Khasanah]]>;
<![CDATA[Heny Rahmawati]]>
<![CDATA[ el hisbah: Journal of Islamic Economic Law Vol. 2 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/el_hisbah.v2i2.6687
<![CDATA[Yeast sold at Wiradesa Market does not yet include a halal label on its products. However, in reality, in Wiradesa Market, yeast products that have not been labeled as halal are still in great demand by Muslim consumers. This study aims to determine the legal awareness of Muslim consumers regarding product regulations that must be labeled as halal and to determine the factors that influence the level of legal awareness of consumers buying yeast in the Wiradesa market. 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 the ignorance of the public, especially yeast buyers, regarding the regulation of halal product guarantees. Regulations that are not understood by Muslim consumers buying yeast at the Wiradesa Market also affect legal attitudes and legal behavior of consumers who do not pay attention to whether the yeast product they buy is halal certified or vice versa. While the factors that influence the level of legal awareness of Muslim consumers are influenced by two factors. The first is the education factor, the consumer informants in this research are still in the low-educated category. Second, the price factor, namely by choosing cheap yeast prices.]]>
<![CDATA[Upaya Penyelesaian Pembiayaan Murabahah yang Bermasalah di KSPPS BMT Mitra Umat Pekalongan Cabang Krapyak Tahun 2021 ]]>
<![CDATA[Nurma Nabila]]>;
<![CDATA[Akhmad Jalaluddin]]>;
<![CDATA[Bunga Desyana Pratami]]>
<![CDATA[ el hisbah: Journal of Islamic Economic Law Vol. 2 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/el_hisbah.v2i2.6688
<![CDATA[Non-performing financing is something that is not expected by any financial institution that provides financing products because it can have a bad impact, namely losses due to a decrease in the income of the financial institution. So we need an appropriate effort to resolve the problematic financing. The formulation of the problem in this study is what are the supporting and inhibiting factors for efforts to resolve problematic murabahah financing at KSPPS BMT Mitra Umat Pekalongan Krapyak Branch in 2021 and how is the suitability of efforts to resolve problematic murabahah financing at KSPPS BMT Mitra Umat Pekalongan Krapyak Branch in 2021 with the DSN Fatwa- MUI and KHES. The type of research is sociological juridical and bottom-up research approach with data collection techniques carried out through interviews with BMT, financing supervision and several customers with financing problems and documentation. In this study used analytical descriptive analysis techniques. The results of the study indicate that the factors that support efforts to resolve problematic murabaha financing are supervision and communication to customers; customer awareness and good faith; cooperative customer to the agreement; and the existence of a team of lawyers who provide a deterrent effect. While the inhibiting factor is the character of the customer; customer dishonesty; unstable economic conditions; and customers are reluctant to sell collateral. There are several points that are not in accordance with the provisions of the DSN-MUI and KHES fatwas, namely the points regarding debt relief at the guarantee execution stage, contract conversion points. KSPPS BMT Mitra Ummah Pekalongan Krapyak Branch does not apply any sanctions to customers who delay payments, but charges compensation for transportation costs when billing to customers' homes.]]>
<![CDATA[Sistem Pemutusan Hubungan Kerja Pada Era Covid-19: (Tinjauan Perbandingan Hukum Ekonomi Syariah Dan Undang-Undang Ketenagakerjaan) ]]>
<![CDATA[Mia Rosanita]]>;
<![CDATA[Abdul Aziz]]>;
<![CDATA[Fitri Adilla Zaqiyya]]>
<![CDATA[ el hisbah: Journal of Islamic Economic Law Vol. 2 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/el_hisbah.v2i2.6689
<![CDATA[In the midst of a pandemic due to Covid-19, many companies have laid off their employees. In fact, it is not certain that the related companies experience force majeure conditions. Layoffs are carried out on the basis of the company's anticipation to reduce the burden during the pandemic. This study will review the layoff system that occurred at P.T. Matahari Department Store Pekalongan in the Covid-19 era using a review of sharia economic law with the Labor Law Number 13 of 2003. The research method uses a type of field research with a qualitative research approach. From the process of data collection, analysis, and drawing conclusions, the results are obtained; 1) Based on a review of sharia economic law, the layoffs carried out by PT. Matahari Department Store Pekalongan during the pandemic era cannot be said by reason of force majeure that can cancel the contract agreement (ijarah). 2) In terms of the Manpower Law No. 13 of 2003, the company concerned has not experienced losses for two consecutive years due to the Covid-19 pandemic, only the company experienced a decrease in turnover during the pandemic. Thus, terminating employees by giving money in the amount of wages or compensation money is considered a middle way and the best solution between employers and workers, this refers to article 164 paragraphs 1 and 2 of the Labor Law. 3) PT. Matahari Department Store in terms of granting rights to laid-off employees has met the requirements. The company provides compensation in the form of money or in other forms as much as the company can afford. This has been mutually agreed upon as stated in the agreement and work contract signed by the two parties.]]>
<![CDATA[Wanprestasi dalam Perjanjian Jual Beli Reyeng dengan Akad Istishna’ : (Studi di Desa Pringsurat Kecamatan Kajen Kabupaten Pekalongan) ]]>
<![CDATA[Anggi Vira Agati]]>;
<![CDATA[Mohammad Fateh]]>;
<![CDATA['Alamul Yaqin]]>;
<![CDATA[Muhammad Hamam]]>
<![CDATA[ el hisbah: Journal of Islamic Economic Law Vol. 2 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/el_hisbah.v2i2.6690
<![CDATA[The problem that often occurs in the sale and purchase agreement of reyeng in Pringsurat Village, Kajen District, Pekalongan Regency, is in the implementation of the agreement or contract, the seller and buyer agree to make transactions with payments made in advance, but in practice there is a default or broken promise in the form of late delivery of the goods. ordered by the buyer. So, there are two problems that become the main study in this study, namely: first, why does default occur in the sale and purchase agreement of reyeng; second, what are the legal consequences of default in the sale and purchase agreement of reyeng. Type of Research This is a field research using a legal sociology approach. Sources of data consist of primary and secondary data, primary data obtained by observation and interview techniques with the seller and buyer reyeng. while secondary data were obtained from other sources such as books, journal articles, theses, research results and other relevant documents that will be discussed by the author as a supporter. The results showed that the implementation of the istishna contract in buying and selling reyeng was in accordance with the pillars and terms of istishna, however, there were cases of default caused by negligence on the part of the seller. consequences arising from the existence of default in the sale and purchase agreement reyeng, namely the cancellation of the contract, payment of fines and compensation.]]>
<![CDATA[Akad Ijarah Pada Praktik Pemberian Upah Jasa Penggali Kubur Perspektif 'Urf: Studi Di Desa Yosorejo Kabupaten Batang ]]>
<![CDATA[Azka Mufarikha]]>;
<![CDATA[Anindya Aryu Inayati]]>;
<![CDATA[Irkham Abdul Rosyid]]>
<![CDATA[ el hisbah: Journal of Islamic Economic Law Vol. 2 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/el_hisbah.v2i2.6725
<![CDATA[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.]]>
<![CDATA[PRAKTIK JUAL BELI MOTOR DENGAN SISTEM INDEN DI DEALER : ANALISIS TEORI BA’I AS-SALAM ]]>
<![CDATA[Fikri Alim]]>;
<![CDATA[Tarmidzi]]>;
<![CDATA[Zulvi Romzul Huda Fuadi]]>
<![CDATA[ el hisbah: Journal of Islamic Economic Law Vol. 2 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/el_hisbah.v2i2.6726
<![CDATA[The Yamaha Surya Inti Putra Pekalongan dealer is one of the dealers in Pekalongan who sells motorcycles with a pivot system. The pivot system is a purchase order system with a pre-determined price for the specifications in question and usually carried out within a certain period of time. 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. Based on these problems, the authors are interested in knowing why there is a delay in the delivery of motorbikes 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. Based on the results of the author's research, this study found two conclusions, namely the first regarding the factor of delay in motorbike delivery, it was caused by production capacity, unit allocation, and certain specifications. While the second concerns 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.]]>
<![CDATA[DISTRIBUSI DANA ZAKAT GUNA PEMBERDAYAAN MASYARAKAT OLEH LAZISNU DUKUHTURI DALAM PANDANGAN MAJELIS ULAMA INDONESIA KABUPATEN TEGAL ]]>
<![CDATA[Tubagus Firdos]]>;
<![CDATA[Mubarok]]>
<![CDATA[ el hisbah: Journal of Islamic Economic Law Vol. 2 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/el_hisbah.v2i2.6781
<![CDATA[This study examines the Distribution of Zakat Funds for Community Empowerment in the View of the Indonesian Ulema Council of Tegal Regency. Distribution of ZIS funds given to mustahiq as capital to carry out an economic activity, namely to meet basic needs and to develop the economic level and productivity potential of mustahiq. At LAZISNU Dukuhturi, many people have been given consumptive and productive zakat, there are still many who only care about consumptive zakat and do not know what the law is for productive zakat itself. The results obtained indicate that this study aims to determine and analyze the views of the MUI of Tegal Regency on the distribution of ZIS funds for community empowerment. The distribution of ZIS funds carried out by LAZISNU dukuhturi in the view of the Tegal Regency MUI is allowed. However, there needs to be an increase that must be expanded in its distribution so that the community, especially the Dukuhturi District, feels.]]>
<![CDATA[Tinjauan Fiqih Muamalah Terhadap Kerjasama Bagi Hasil Pengelolaan Lahan Perhutani Di Desa Kutorojo ]]>
<![CDATA[Andi Sasmito]]>;
<![CDATA[Siti Qomariyah]]>;
<![CDATA[Izza Sasky Lutfiana]]>
<![CDATA[ el hisbah: Journal of Islamic Economic Law Vol. 2 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/el_hisbah.v2i2.6880
<![CDATA[Perhutani's land management collaboration is unique because it uses three forms of cooperation in practice. This study aims to: 1) Find and understand the reasons for the practice of profit-sharing cooperation between Perhutani and the community in Kutorojo village using three forms of cooperation, 2) Finding Muamalah fiqh views on the practice of profit-sharing cooperation between Perhutani and the community in Perhutani land management in Kutorojo Village. This research is a type of field research using a conceptual approach technique, the sources used as objects in this research are Perhutani as the land owner and the land management community who have worked together for 5 years for the results of the residents of Kutorojo Village, Kajen District, Pekalongan Regency. The data collection techniques used in this study is the triangulation method: Observation, Interview, and Documentation. The results of the analysis show that: 1) the cooperation for sharing the results of land management owned by Perhutani in Kutorojo Village uses three forms of cooperation because it sees the potential of land owned by Perhutani which is possible to be utilized and increase the results for the parties, as for the three forms of cooperation, namely: Cooperation for land maturation in The first 2 years, Cooperation in planting and caring for pine trees, and cooperation in planting trees under stands or on the sidelines of pine trees. 2) Based on the author's analysis of the three forms of cooperation, if analyzed in the perspective of Fiqh Muamalah, the cooperation is valid, because it has fulfilled the pillars and legal requirements.]]>
