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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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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
Kepatuhan Hukum Nasabah terhadap Kewajiban Pembayaran Angsuran Gadai Mudini, Lulut; Sofiani, Trianah
el hisbah Journal of Islamic Economic Law Vol 4 No 1 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v4i1.7549

Abstract

Pawning is an activity of pledging valuables to a certain party in order to obtain a sum of money, with the agreement that the goods can be redeemed according to the agreement between the customer and the pawnshop. This study aims to analyze the level of customer legal compliance with the obligation to pay installments of pawn loans at Pegadaian Syariah, Batang Regency and to analyze the legal consequences of late payments. This study uses an empirical legal method with a qualitative approach. Data sources consist of primary and secondary data obtained through observation, interview, and documentation techniques, then analyzed descriptively. The results of the study indicate that the level of customer legal compliance in fulfilling installment payment obligations at PT Pegadaian Syariah, Batang Branch is still relatively low. This non-compliance is influenced by various factors, such as uncooperative attitudes, economic difficulties, and lack of understanding of pawn rules. Delays in installment payments give rise to various legal consequences, including the obligation to pay compensation, termination of the agreement, and sale of collateral through an auction mechanism.
Kepastian Hukum dalam Pelaksanaan Pengawasan Produk Bersertifikat Halal di Indonesia Zafitriani, Difanti Ameliananda; Khasanah, Karimatul
el hisbah Journal of Islamic Economic Law Vol 4 No 1 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v4i1.7551

Abstract

The implementation of the guarantee of products that have been halal certified is a mandate from the Halal Product Guarantee Law. However, in reality, the technical implementation of periodic supervision of products that have been halal certified has not been specifically regulated in laws and regulations. Therefore, the principle of legal certainty that should be reflected in every regulation is suspected of not being optimally implemented in regulations that guarantee the halalness of halal certified products. This study aims to analyze legal instruments related to halal product guarantees in Indonesia, as well as to examine the legal implications that arise due to legal uncertainty in the technical regulation of supervision of halal certified products. The type of normative legal research with a statutory approach and a conceptual approach. The legal material analysis technique is carried out qualitatively by examining and interpreting laws and regulations, legal doctrines, and the results of theoretical studies to obtain systematic and logical legal arguments related to the regulation of guarantees and supervision of halal products in Indonesia. The results of the study show that halal product guarantee regulations in Indonesia still do not fully reflect the principle of legal certainty, especially regarding post-certification supervision mechanisms. The absence of technical regulations governing the implementation of such supervision has the potential to create legal loopholes and uncertainty in consumer protection and strengthening the halal product guarantee system.
Perlindungan terhadap Nasabah Akibat Serangan Ciber: Studi di Bank Syariah Indonesia KC Pekalongan Pemuda Utami, Ghifari Wulandari; Saifudin; Akhmad Nurasikin
el hisbah Journal of Islamic Economic Law Vol 4 No 1 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v4i1.7581

Abstract

Cyber ​​attacks have a significant impact on the banking sector. One of the cyber attack incidents occurred at Bank Syariah Indonesia (BSI), including at the BSI Pekalongan Pemuda Branch Office (KC). The attack was marked by disruption of digital services, such as BSI Mobile, ATM machines, and teller services that could not be accessed by customers. This incident reflects the potential for bank negligence in carrying out its obligations to protect customer systems and data. This study aims to analyze the implementation of legal protection for customers due to cyber attacks, as well as to examine the legal consequences arising from the negligence of BSI KC Pekalongan Pemuda in anticipating cyber threats. This study is a juridical-empirical study with a qualitative approach. Data were collected through field studies, including interviews with related parties at BSI KC Pekalongan Pemuda, as well as literature studies covering legal literature, laws and regulations, and legal doctrines. The conceptual and legislative approaches were used to analyze the legal basis for customer protection and the bank's legal responsibility for cyber attacks. The results of the study show that customers are given the right to file a complaint with the Financial Services Authority (OJK) if they experience losses due to cyber attacks. The cyber attack that occurred at BSI KC Pekalongan Pemuda resulted in various legal and non-legal consequences, namely violations of the Personal Data Protection Act, violations of contractual obligations between the bank and customers, potential sanctions from authorities, the possibility of claims for compensation from customers, and losses to the bank's reputation.
Kepatuhan Hukum Agen Laku Pandai BSI Smart dalam Pemberian Layanan Kepada Nasabah Rahmawati, Heny; Shofiani, Trianah
el hisbah Journal of Islamic Economic Law Vol 4 No 1 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v4i1.7582

Abstract

Bank Syariah Indonesia (BSI) is one of the Islamic banks that organizes the Laku Pandai program under the name BSI Smart. This program is an extension of BSI in strengthening and expanding the inclusiveness and accessibility of the community to Islamic banking services and products. This study aims to analyze legal compliance and the impact of non-compliance with the law by BSI Smart agents at the Faculty of Islamic Economics and Business (FEBI), State Islamic University (UIN) Surakarta in providing services to customers. The type of research is juridical-empirical with a qualitative, conceptual, and legislative approach. Primary data was obtained through interviews with BSI Smart agents and customers, while secondary data came from regulations related to Laku Pandai, textbooks, research reports, and scientific journals. Data analysis techniques were carried out qualitatively through data reduction, data presentation, and drawing conclusions with a descriptive-analytical approach. The results of the study indicate that BSI Smart agents at FEBI UIN Surakarta have a low level of legal compliance. This is evidenced by the existence of a number of products that are subject to administrative fees that are not in accordance with the provisions set by BSI. The legal consequence of such non-compliance is the automatic closure of the BSI Smart application by the system. However, this action will be taken by BSI if there are reports or complaints from customers regarding the services provided by BSI Smart agents.
Strategi Bisnis Hotel Syariah dalam Mencegah Perilaku Disosiatif: Studi di Hotel Family Syariah 2 Yogyakarta Hurriyatul Alawiyah Hasan, Fanny Faizah; Fauzi, Yayan; Mulyawisdawati, Richa Angkita
el hisbah Journal of Islamic Economic Law Vol 4 No 1 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v4i1.7790

Abstract

The hotel business often faces negative stigma due to public perception that associates it with deviant behavior from social norms, such as prostitution, drug abuse, and other activities that are morally and socially detrimental. Hotels are often viewed as potential spaces for such dissociative actions to occur. This study aims to analyze the business management system of Hotel Family Syariah 2 Yogyakarta and evaluate the strategies implemented to suppress the potential for deviant behavior in the hotel environment. This study uses a qualitative approach with a case study method. Data collection was carried out through observation, in-depth interviews with hotel management, and documentation. Data analysis was carried out descriptively qualitatively with an interactive approach using the Miles and Huberman model. The results of the study indicate that the application of sharia-based management principles has a significant role in creating a conducive, safe, and Islamic hotel environment. This strategy also contributes to building a positive image of the hotel in the community. One form of implementation of the sharia principles is the verification process for guests who stay, to ensure compliance with sharia provisions. In addition, the hotel also provides representative prayer facilities for Muslim guests as a form of support for their spiritual needs. The implementation of services based on sharia values ​​reflects management's commitment to creating a hotel environment that is not only comfortable, but also free from the potential for dissociative behavior.
Tinjauan Hukum Ekonomi Syariah terhadap Akad Pembulatan Timbangan Pada Jasa Pengiriman Barang Rachmawati, Andini; Awalia, Fadhila Tianti Mudi; Aqidah, Nurul
el hisbah Journal of Islamic Economic Law Vol 4 No 1 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v4i1.7972

Abstract

The development of e-commerce in Indonesia has also driven the growth of the shipping industry, including J&T Express, which is present with an innovative distribution system and shipping tariff determination based on rounding of the weight of the goods. The method of determining the tariff through rounding of weight creates the potential for a discrepancy between the actual weight of the goods and the tariff charged to consumers, thus potentially creating injustice in transactions. This study aims to analyze the implementation of the contract in the practice of rounding off the scales at J&T Express and to examine its compliance with the principles of Islamic economic law. This study uses a qualitative and conceptual approach. Data collection techniques are carried out through observation, in-depth interviews with the management and customers of the J&T Express Madiun branch, and documentation of the shipping tariff determination policy. The data obtained are analyzed descriptively-analystically using the theory of the ijarah contract in Islamic economic law. The results of the study indicate that the practice of rounding off the weights in the J&T Express Madiun branch delivery service is generally in accordance with the principles of Islamic economic law, because the pillars and valid requirements of the ijarah contract have been fulfilled, the determination of the ujrah is based on an agreement between the service provider (mu'jir) and the service user (musta'jir), the existence of the principle of justice in the implementation of transactions, and the achievement of benefits for the parties to the contract. In addition, consumers did not object to the rounding system, and the ujrah agreement was considered not to contain elements of exploitation.
Efektivitas Kebijakan Fiskal melalui Bantuan Program Keluarga Harapan Perspektif Maqashid Syariah Malik, Anas; Wakhid, Ali Abdul; Imtihanah, Ani Nurul
el hisbah Journal of Islamic Economic Law Vol 4 No 1 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v4i1.8485

Abstract

Fiscal policy is one of the main instruments used by the government to overcome poverty and improve social welfare. Through the management of state revenue and expenditure, the government can encourage economic growth, create jobs, and provide social services for the underprivileged through the Family Hope Program. This article aims to analyze the effectiveness of the Family Hope Program in poverty alleviation efforts, identify fiscal policy challenges in the implementation of the program, and review the effectiveness of PKH fiscal policy from the perspective of maqashid sharia. This study uses a qualitative method with a descriptive-analytical approach, through literature studies and secondary data analysis obtained from official government documents, research reports, and relevant scientific publications. The types of analysis used are content analysis to examine fiscal policy in the implementation of PKH, and normative analysis to assess its compliance with the principles of maqashid sharia. The results of the study indicate that the Family Hope Program is effective in increasing household income, reducing absolute poverty rates, expanding access to education and health services, and improving the socio-economic status of beneficiary families. From the perspective of maqashid sharia, PKH contributes to the protection of five main aspects, namely religion, soul, mind, descendants, and property, which as a whole reflect support for achieving community welfare. 
Standardisasi Halal dan Prosedur Sertifikasi Halal di Indonesia dan Thailand ikhsan, ikhsan gasali; Supardin, Muhammad Ikhlas
el hisbah Journal of Islamic Economic Law Vol 4 No 1 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v4i1.8489

Abstract

The increase in tourists after Covid-19 has begun to be seen in several countries, this clearly affects the economic growth of tourist destination countries. Indonesia and Thailand are two countries that have shown significant development in terms of tourism. This study aims to examine the standards and methods of halal certification in tourist destination countries such as Indonesia and Thailand. This study uses a qualitative approach with a descriptive-comparative method. This approach was chosen to gain a deep understanding of the regulation of halal fatwas and the procedures for granting halal certification in Indonesia and Thailand. This study is library research, where data is collected through literature searches, documents. Data analysis is carried out descriptively-comparatively, namely by systematically describing the systems of each country, then comparing the legal structure, religious authority, and applicable certification mechanisms. The results of the study show that the executor of the task of inspecting halal food in Indonesia is the MUI through LPPOM-MUI. Furthermore, the government has established the Halal Product Assurance Organizing Agency (BPJPH) which is tasked with issuing halal certificates. On the other hand, Thailand has two institutions that focus on product halalness, namely the Halal Standards Institute of Thailand and the Halal Science Center of Chulalongkorn University (HSC-CU).
Pembatasan Dan Pengalihan Tanggung Jawab Bank Penerbit Atas Produk Uang Elektronik: Perspektif Hukum Ekonomi Syariah Sulistyowati, Diyah; Zaenul Fuad, Iwan; Ilham, Muhammad
el hisbah Journal of Islamic Economic Law Vol 4 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v4i2.9176

Abstract

This research aims to analyze the validity and impact of restrictions and transfer of responsibility of e-money issuing banks on consumer legal protection. This research uses empirical legal research methods with two sources of research data. Primary data sources are obtained from general provisions on Brizzi electronic money products issued by BRI and secondary data sources are taken from books, journals, research results, or others. The data analysis technique uses descriptive analysis techniques. The results of this study indicate that the general provisions made by BRI are valid and binding on BRI and consumers who promise in the general provisions. The application of restrictions and transfer of responsibility by BRI is in line with binding regulations, so that these general provisions provide legal certainty for the parties involved. In terms of legal protection, BRI is responsible for transaction security, but BRI does not bear losses due to card loss as agreed in the general conditions. This is in accordance with the principles of electronic money in sharia economic law, namely the principles of justice and responsibility. This research contributes to scientific development, especially regarding aspects of consumer protection in electronic-based financial transactions.

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