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INDONESIA
AL-BAYAN: JURNAL HUKUM DAN EKONOMI ISLAM
ISSN : 27466469     EISSN : 29874335     DOI : https://doi.org/10.35964/ab.v3i1
Core Subject : Religion, Economy,
Al-Bayan: Jurnal Hukum dan Ekonomi Islam. Jurnal ini memfokuskan pada publikasi artikel ilmiah hasil penelitian tentang Hukum Islam, lembaga keuangan mikro syariah, lembaga keuangan non bank, dan tema-tema lain yang berkaitan dengan Hukum Islam dan Ekonomi Syariah. Redaksi menerima tulisan-tulisan yang belum pernah dipublikasikan dimedia/jurnal lain yang sesuai dengan pedoman penulisan jurnal. Jurnal ini dipublikasikan oleh Pusat Penelitian dan Pengabdian Kepada Masyarakat (P3M) STAI Nahdlatul Wathan Samawa Sumbawa Besar.
Articles 55 Documents
TINJAUAN HUKUM ISLAM TERHADAP PERTIMBANGAN HAKIM TENTANG HAK EKSEKUTOR FIDUSIA ATAS SERTIFIKAT JAMINAN FIDUSIA (Analisis Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019) Muhammad Zuhal Haris
AL-BAYAN: JURNAL HUKUM DAN EKONOMI ISLAM Vol. 2 No. 2 (2022): DESEMBER 2022
Publisher : Jurnal ini dipublikasikan oleh Pusat Penelitian dan Pengabdian Publikasi (P3M) STAI Nahdlatul Watan Samawa-licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (605.072 KB) | DOI: 10.35964/ab.v2i2.96

Abstract

Law Number 42 of 1999 concerning fiduciary guarantees, especially Article 15 paragraph (2) and paragraph (3), was sued to the Constitutional Court in addition to being contrary to the 1945 Constitution, also due to objections from the plaintiffs, in this case the debtor who felt aggrieved. with the fiduciary executor rights carried out by creditors in executing fiduciary guarantees. With the lawsuit to the Constitutional Court regarding Article 15 paragraph (2) and paragraph (3) The purpose of this study is to analyze the judges' considerations in the decision of the Constitutional Court No. 18/PUU-XVII/2019, to analyze how Islamic law reviews the decision of the Constitutional Court Number 18/ PUU-XVII/2019. This type of research uses qualitative research methods with a library research approach that is descriptive analytic, and uses the theory of al-masyaqqah tajlibu al-taisīr. The results of this study are: Judges of the Constitutional Court are of the opinion that the petition of the Petitioners can be justified and reasoned according to law in part related to the unconstitutionality of the norms of Article 15 paragraph (2) and paragraph (3) of Law 42/1999, Constitutional Court Decision Number 18/PUU-XVII /2019 has fulfilled the sense of justice and the element of convenience for the parties by providing clear legal definitions and meanings in accordance with shari'a principles and fiqh principles as a solution in knowing general principles and knowing legal advice on contemporary problems
TELAAH IJTIHAD MASA KINI: SEBUAH KERANGKA PRAKTIS DALAM ISTINBATH HUKUM KELUARGA ISLAM Ulva Hiliyatur Rosida
AL-BAYAN: JURNAL HUKUM DAN EKONOMI ISLAM Vol. 2 No. 2 (2022): DESEMBER 2022
Publisher : Jurnal ini dipublikasikan oleh Pusat Penelitian dan Pengabdian Publikasi (P3M) STAI Nahdlatul Watan Samawa-licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

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Abstract

Ijtihad is a very important requirement for the continuity of Islamic law in the world. One of them is part of Islamic law, namely Islamic family law. The type of research used in this research is library research or literature study and the approach is qualitative research. Ijtihad is exerting all the energy and mind to issue a law from its proposition. The scope of ijtihad is that in that event or problem there is no text as the subject of discussion. And also the event or problem is nashnya not qath'i. The history of ijtihad starts from the time of the Prophet then the time of the Companions and after. The issue of closing the door of ijtihad has different views. Ijtihad at this time is absolutely necessary because technological developments are so rapid and increasingly sophisticated along with the times. Among Yusuf al-Qaradawi offers three models of contemporary ijtihad which are considered to be able to overcome the legal crisis and renewal of Islamic law, especially Islamic family law. One of the cases of this era is marriage via telephone. Ijtihad can be done collectively in this contemporary era
ANALYSIS OF THE IMPLEMENTATION OF LAW NUMBER 08 OF 1999 CONCERNING CONSUMER LEGAL PROTECTION AGAINST THE USE OF UNREGISTERED COSMETIC PRODUCTS FROM THE PERSPECTIVE OF ISLAMIC LAW (Study At Balai Besar Pengawas Obat Dan Makanan Bandar Lampung) Diah Prayogi Diah; Ruslan Abdul Ghofur; Liky Faizal
AL-BAYAN: JURNAL HUKUM DAN EKONOMI ISLAM Vol. 3 No. 1 (2023): Juni 2023
Publisher : Jurnal ini dipublikasikan oleh Pusat Penelitian dan Pengabdian Publikasi (P3M) STAI Nahdlatul Watan Samawa-licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

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Abstract

The lack of supervision from the authorities coupled with the lack of public knowledge in differentiating genuine and counterfeit products has made the circulation of counterfeit cosmetics increasingly rampant in the market. The problems that occurred at BPOM Bandar Lampung, especially in supervision, found that many consumers bought cosmetic products that did not have quality, and there were no BPOM products. The purpose of this study was to determine the implementation of Law Number 8 of 1999 concerning consumer legal protection and consumer legal protection according to Islamic law at BPOM Bandar Lampung. This research is a qualitative research and is descriptive in nature. The results of field research show that consumer legal protection against the use of cosmetic products that are not registered at the Bandar Lampung Drug and Food Control Center is more focused on Article 4 which states that consumers have the right to comfort, security and safety in consuming goods and/or services. From the point of view of Islamic law, the distribution of cosmetic products containing harmful additives and without clear information is strictly prohibited by Islamic law. Giving explanations and information that is not true, mixing good things with bad things, showing examples of good things and hiding what is not good is included in fraud. This fraud has a detrimental effect on the buyer, and that is tyranny
TINJAUAN HUKUM ISLAM TERHADAP PERBEDAAN PENERIMAAN MANFAAT ATAS PENGALIHAN LAYANAN ASURANSI SOSIAL PT ASABRI KE BPJS KETENAGAKERJAAN (Analisis Putusan Mahkamah Konstitusi Nomor 6/PUU-XVIII/2020) Mira Apriani Mira Apriani
AL-BAYAN: JURNAL HUKUM DAN EKONOMI ISLAM Vol. 3 No. 1 (2023): Juni 2023
Publisher : Jurnal ini dipublikasikan oleh Pusat Penelitian dan Pengabdian Publikasi (P3M) STAI Nahdlatul Watan Samawa-licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

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Abstract

The existence of Article 57 letter (e) and Article 65 Paragraph (1) of Law Number 24 of 2011 concerning BPJS can harm the constitutional rights of Active and Retired Members of the TNI and Polri regarding receiving benefits from social security.The problems in this research are, 1) What are the considerations of the Constitutional Court judges in the Constitutional Court decision Number 6/PUU-XVIII/2020. 2) What is the review of Islamic law regarding the decisions of the Constitutional Court judges in the Constitutional Court decision Number 6/PUU-XVIII/2020. The purpose of this study is to analyze how the judges consider the decision of the Constitutional Court Number 6/PUU-XVIII/2020 and analyze how Islamic law reviews the decisions of the judges of the Constitutional Court in the decision of the Constitutional Court Number 6/PUU-XVIII/2020. The type of research used in this research is library research which is descriptive-normative in nature and originates from primary, secondary and tertiary legal materials, then the data is processed and analyzed in the form of qualitative analysis.Constitutional Court Decision Number 6/PUU-XVIII/2020 states that Article 57 letter e and Article 65 Paragraph (1) Law Number 24 of 2011 concerning the Social Security Administering Body (BPJS) are contrary to the 1945 Constitution and do not have binding legal force because they can detrimental to the constitutional rights of the Petitioners. If viewed according to Islamic law, the decision of the Constitutional Court has fulfilled a sense of justice for insurance participants and is in accordance with the basic principles of insurance in Islam.
ANALISIS HUBUNGAN KEPEMIMPINAN KOMPETENSI KEPERCAYAAN PENGALAMAN ORGANISASI LINGKUNGAN KERJA TERHADAP KINERJA KARYAWAN PADA PT. FIF GROUP DI WAY JEPARA LAMPUNG TIMUR Inggit Fitriani
AL-BAYAN: JURNAL HUKUM DAN EKONOMI ISLAM Vol. 3 No. 1 (2023): Juni 2023
Publisher : Jurnal ini dipublikasikan oleh Pusat Penelitian dan Pengabdian Publikasi (P3M) STAI Nahdlatul Watan Samawa-licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

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Abstract

Human resources play an important role in determining achievement in the company. Every company needs and strives to obtain human resources that can understand and achieve company goals. As for those that greatly influence employee performance, namely: leadership, competence, sense of trust in colleagues, organizational experience and work environment. Therefore this study was conducted to determine the effect of the relationship leadership competence, trust, experience of work environment organization on employee performance at PT. FIF GROUP in Way Jepara, East Lampung. The results of field research show that the tested leadership has a statistically significant positive effect on the dependent variable (employee performance), the competence tested has a statistically significant positive effect on the dependent variable (employee performance), the trust tested has a statistically significant positive effect on the variable dependent variable (employee performance), organizational experience tested has a statistically significant positive effect on the dependent variable (employee performance) and the tested work environment has a statistically significant positive effect on the dependent variable (employee performance).
Perkembangan Ekonomi Islam Di Indonesia Melalui Penyelenggaraan Fintech Syariah Fauzi, Muhammad Ibnu Faruk
AL-BAYAN: JURNAL HUKUM DAN EKONOMI ISLAM Vol. 4 No. 1 (2024): Juni 2024
Publisher : Jurnal ini dipublikasikan oleh Pusat Penelitian dan Pengabdian Publikasi (P3M) STAI Nahdlatul Watan Samawa-licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35964/albayan.v4i1.92

Abstract

As a country with the largest Muslim population in the world, Indonesia has great potential to be able to develop its economy through an Islamic economy, one of which is through the implementation of Financial technology (fintech), which is an innovation in financial services using technology so that people can easily access financial products and services that are not available. can be accommodated by traditional financial services. This research is a type of library research. The focus of library research is to find various theories, laws, propositions, principles, or ideas that are used to analyze and solve formulated research questions. The nature of this research is descriptive analysis. The development of Islamic economic law is basically parallel to other conventional economic laws. The existence of Islamic economics in general in Indonesian society is conceptually in accordance with the demands of the times. The Islamic finance industry in Indonesia has been recognized and implemented by the public. The legal umbrella of Sharia Fintech itself is also based on Financial Services Authority Regulation (POJK) 77 of 2016 and sharia fintech also refers to the Fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN MUI) Number 117/2018 regarding Information Technology-Based Financing Services Based on Sharia Principles.
Rethinking Halal: Exploring the Complexity of Halal Certification and its Socio-Economic Implications Suud Sarim Karimullah; Rozi
AL-BAYAN: JURNAL HUKUM DAN EKONOMI ISLAM Vol. 3 No. 2 (2023): Desember 2023
Publisher : Jurnal ini dipublikasikan oleh Pusat Penelitian dan Pengabdian Publikasi (P3M) STAI Nahdlatul Watan Samawa-licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35964/albayan.v3i2.170

Abstract

Halal certification has become a major highlight on the global stage, especially in line with the rapid growth of the halal product market. This study aims to thoroughly review the concept of halal and explore its important implications in the social and economic spheres, as well as challenges and opportunities in halal certification. This study is a literature study conducted with a comprehensive literature analysis approach. This literature analysis includes the process of Investigation, data collection, and in-depth analysis of various literature sources that are relevant to the subject of study. The results of this study highlight that halal certification is a complex and diverse process with significant social and economic impacts. The different certification processes in other countries and organizations pose substantial challenges in global trade but also open up great opportunities in the halal product market. In the social dimension, halal certification plays an important role in maintaining Muslim communities' religious beliefs and values but also poses a risk of discrimination against non-Muslim communities in this economic sphere. The main challenges that need to be addressed include harmonizing global standards and preventing abuse in the halal certification process. Meanwhile, the economic opportunities associated with halal products remain large, particularly in line with the growing global demand.
Tax Principles According to Abu Yusuf and Adam Smith: Comparative Study Khurun'in Zahro'; Nuriwanda Azizah Nugraheni; Ishma Amelia; Muhammad Reyhan
AL-BAYAN: JURNAL HUKUM DAN EKONOMI ISLAM Vol. 3 No. 2 (2023): Desember 2023
Publisher : Jurnal ini dipublikasikan oleh Pusat Penelitian dan Pengabdian Publikasi (P3M) STAI Nahdlatul Watan Samawa-licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35964/albayan.v3i2.172

Abstract

Taxes are important for every country because it is the main income for the state, which is certainly very influential on state coffers in addition to gain in other fields. In the history of Islam itself, taxes have existed since the time of the Prophet (peace be upon him), and many Muslim scholars poured their thoughts into taxation. One of them is quite famous is Abu Yusuf, who poured a lot of economic thought into his book Al-Kharaj. One of these Western economists is Adam Smith, more commonly known as the Father of Economics. Adam Smith poured much of his thoughts on economics into his book An Inquiry into The Nature and Causes of the Wealth of Nations. The purpose of this study was to know the thoughts of Abu Yusuf and Adam Smith in the principle of taxes as well as to know the similarities and differences in the principle of taxes. This study uses comparative descriptive qualitative research conducted by studying literature or documentation and analyzing data submitted by Miles and Huberman. The results of this study showed that the difference between Abu Yusuf and Adam Smith is very clearly seen, in the taxes levied, Abu Yusuf did not collect taxes on land rent, rent, and wage taxes. And Abu Yusuf strongly emphasized justice where taxes are imposed on the taxpayer in accordance with his ability and does not burden the taxpayers.
Zakat from an Islamic Economic Point of View Nurhendi, Sigit
AL-BAYAN: JURNAL HUKUM DAN EKONOMI ISLAM Vol. 3 No. 2 (2023): Desember 2023
Publisher : Jurnal ini dipublikasikan oleh Pusat Penelitian dan Pengabdian Publikasi (P3M) STAI Nahdlatul Watan Samawa-licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35964/albayan.v3i2.186

Abstract

The purpose of this paper is to describe zakat from an Islamic economic standpoint utilizing qualitative methods and a literature review. Because zakat has enormous potential from an Islamic economic standpoint, it deserves more attention from the government and the broader public, as does the urgency of zakat in improving people's welfare. Finally, zakat can be a source of foreign exchange for the country as well as an alternate solution for communal welfare. As a result, zakat has tremendous economic worth in addition to religious value
Hubungan Teori Konsumsi Ekonomi Islam dengan Konsep Etika Konsumsi dalam Pemikiran Yusuf Al-Qardhawi Audia, Famela; Addailami, Yusuf; Wigati, Sri; Zahrah, Reisa Medyna
AL-BAYAN: JURNAL HUKUM DAN EKONOMI ISLAM Vol. 4 No. 1 (2024): Juni 2024
Publisher : Jurnal ini dipublikasikan oleh Pusat Penelitian dan Pengabdian Publikasi (P3M) STAI Nahdlatul Watan Samawa-licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35964/albayan.v4i1.191

Abstract

This journal writing focuses on the economic thoughts of Yusuf Qaradhawi regarding Islamic economic ethics. Islam has established ethics dan values in every scientific discipline, including Islamic economics. According to Yusuf al-Qardhawi, Islamic economics is an economy based on divinity. By using the laws of Islamic sharia. Economic activities such as production, distribution, consumption are always related to God dan aim at God. Economic Ethics really needs to be conveyed in the era of globalization which often ignores moral dan ethical values. Yusuf al-Qrdhawi, in his moderate view, shows that the economic ethics he speaks of is a form of economic knowledge that will always maintain economic sustainability. In Islamic Economics, it is hoped that it will be guided by ethical dan moral values, encouraging a sense of responsibility dan awareness of one's actions dan their impact on the material dan spiritual dimensions of life.