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Hairus Saleh
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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 132 Documents
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Analisis Hukum Islam dan Hukum Positif Terhadap Pembatalan Sepihak Perjanjian Sewa Menyewa Dian Restu Salsabila; Karimatul Khasanah; Heny Rahmawati
el hisbah: Journal of Islamic Economic Law Vol. 2 No. 1 (2022)
Publisher : Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (329.971 KB) | DOI: 10.28918/el_hisbah.v2i1.6258

Abstract

A house rental agreement is something that is commonly done by the community. One of them is renting a house in Kasaba Housing, Jalan Kanfer 1 No. 6, Kalisalak Village, Batang District. In practice, there is a unilateral cancellation in the agreement made by the lessee. This is of interest to in-depth analysis of unilateral cancellations made by tenants. This research is a field research, with a qualitative approach. The results of this study indicate that the implementation of a house rental agreement in Kasaba Housing Jalan Kanfer 1 No. 6 Kalisalak Village, Batang District is in accordance with the terms and pillars of the lease agreement in Islamic law and also in accordance with the terms of the agreement in Article 1320 of the Civil Code. However, regarding the legal consequences of unilateral cancellation in the lease agreement carried out by the lessee according to Islamic law, namely the end of the contract due to termination which was phased based on mutual agreement (al-iqalah) making the parties who entered into the lease contract return to their original status as before the occurrence. contract. Meanwhile, according to positive law, a legal act that unilaterally cancels an agreement is contrary to Article 1570 of the Civil Code.
Penarikan Uang Kembalian Sebagai Donasi Prespektif Hukum Ekonomi Syariah Arriza Qotrunnada; Makrum Kholil; Nadila Emiliyani
el hisbah: Journal of Islamic Economic Law Vol. 2 No. 1 (2022)
Publisher : Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (393.99 KB) | DOI: 10.28918/el_hisbah.v2i1.6259

Abstract

This article examines the withdrawal of change as a donation to the Retail Franchise at Alfamart Kebonsari Petarukan Pemalang. His writing was inspired by the fact that Alfamart's management had difficulty in providing second change, so the policy was to choose change into donations. The problem is how to practice withdrawing money as a donation, how and how to practice withdrawing money from the perspective of Sharia Economic Law. This research uses an approach approach other than that the data sources used are primary and secondary data sources, primary data sources are direct data sources obtained by interview and observation techniques while the primary data sources in this study are sellers, buyers, cashiers. While secondary data sources are obtained from other sources such as books, journal articles, and other information that will be discussed by researchers as supporters. With an approach approach, the results of the study show that: the practice of withdrawing change as a donation at the Retail Franchise at Alfamart Kebonsari Petarukan Pemalang is carried out voluntarily, without coercion from consumers; and the amount generated is very large, because it is distributed to the poor, so withdrawal of change as a contribution in Economic Law is allowed because it is suitable for worship.
Penerapan Fatwa DSN-MUI Nomor 27/DSN-MUI/III/2002 pada Pembiayaan Barang Modal Nofiyatul Fikro; Sam'ani; Heris Suhendar
el hisbah: Journal of Islamic Economic Law Vol. 2 No. 1 (2022)
Publisher : Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (567.503 KB) | DOI: 10.28918/el_hisbah.v2i1.6260

Abstract

This research was motivated by the existence of a capital goods financing product using an ijarah Muntiyah Bittamlik contract at KSPPS BTM Pekalongan. The financing product is a form of product innovation that aims to meet the needs of the community. The objectives of the research are: 1) to know the mechanism of implementing the ijarah Muntiyah bittamlik contract on capital goods financing products; and 2) analyzing the application of the DSN-MUI Fatwa Number 27/DSN-MUI/III/2002 on capital goods financing products. This research is an empirical legal research using a qualitative approach. Primary data sources are obtained from interviews with related parties, such as employees, customers, and the Sharia Supervisory Board. Meanwhile, secondary data sources are obtained from literature studies, such as books and journals that are relevant to the research issue. The results show that, the transfer of ownership rights to goods begins with the rental of objects/goods to customers within a certain period of time with a rental payment system, followed by the transfer of ownership rights to objects through grants to customers.
TABUNGAN SAFARI DI KOSPIN JASA SYARIAH BATANG : PERSPEKTIF HUKUM EKONOMI SYARIAH Frika Arista; Rita Rahmawati
el hisbah: Journal of Islamic Economic Law Vol. 2 No. 2 (2022)
Publisher : Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/el_hisbah.v2i2.6684

Abstract

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
IMPLEMENTASI PERJANJIAN SEWA MENYEWA TANAH OLEH PT. KAI KEPADA PT. HERONA EXPRESS PEKALONGAN : ANALISIS AKAD IJARAH Dewi Hasna Layaliya; Heris Suhendar; Satria Budiman
el hisbah: Journal of Islamic Economic Law Vol. 2 No. 2 (2022)
Publisher : Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/el_hisbah.v2i2.6685

Abstract

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.
KESADARAN HUKUM KONSUMEN MUSLIM PEMBELI RAGI TERHADAP REGULASI PRODUK BERLABEL HALAL DI PASAR WIRADESA KABUPATEN PEKALONGAN Arina Manasikana; Karimatul Khasanah; Heny Rahmawati
el hisbah: Journal of Islamic Economic Law Vol. 2 No. 2 (2022)
Publisher : Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/el_hisbah.v2i2.6687

Abstract

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.
Upaya Penyelesaian Pembiayaan Murabahah yang Bermasalah di KSPPS BMT Mitra Umat Pekalongan Cabang Krapyak Tahun 2021 Nurma Nabila; Akhmad Jalaluddin; Bunga Desyana Pratami
el hisbah: Journal of Islamic Economic Law Vol. 2 No. 2 (2022)
Publisher : Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/el_hisbah.v2i2.6688

Abstract

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.
Sistem Pemutusan Hubungan Kerja Pada Era Covid-19: (Tinjauan Perbandingan Hukum Ekonomi Syariah Dan Undang-Undang Ketenagakerjaan) Mia Rosanita; Abdul Aziz; Fitri Adilla Zaqiyya
el hisbah: Journal of Islamic Economic Law Vol. 2 No. 2 (2022)
Publisher : Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/el_hisbah.v2i2.6689

Abstract

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.
Wanprestasi dalam Perjanjian Jual Beli Reyeng dengan Akad Istishna’ : (Studi di Desa Pringsurat Kecamatan Kajen Kabupaten Pekalongan) Anggi Vira Agati; Mohammad Fateh; 'Alamul Yaqin; Muhammad Hamam
el hisbah: Journal of Islamic Economic Law Vol. 2 No. 2 (2022)
Publisher : Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/el_hisbah.v2i2.6690

Abstract

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.
Akad Ijarah Pada Praktik Pemberian Upah Jasa Penggali Kubur Perspektif 'Urf: Studi Di Desa Yosorejo Kabupaten Batang Azka Mufarikha; Anindya Aryu Inayati; Irkham Abdul Rosyid
el hisbah: Journal of Islamic Economic Law Vol. 2 No. 2 (2022)
Publisher : Fakultas Syariah Universitas Islam Negeri (UIN) K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/el_hisbah.v2i2.6725

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.

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