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El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah
Published by Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto
ISSN : 29867185     EISSN : 29873452     DOI : https://doi.org/10.24090/eluqud.v1i1.7634
Core Subject : Religion, Social,
Religion Social Sciences
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah focuses on the study of Sharia Economic Law, Islamic Financial Law, and Issues related to Contemporary Economic Laws. El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah aims to build a comprehensive understanding of Islamic economics norms in religious texts and their realization in socio-economics life.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 2 No. 2 (2024)" : 5 Documents clear
Perlindungan Hukum Hak Cipta Terhadap Pemutaran Lagu dalam Live Music Performance Perspektif Undang-Undang Hak Cipta dan Hifz Al-Mal di Kafe Purwokerto Subekti, Ahmad; Niswah, Eva Mir'atun
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 2 No. 2 (2024)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v2i2.12107

Abstract

Purwokerto has several cafes that use live music to attract customers. In live music, the performers present other people's songs in public with commercial purposes or to seek profit from the song. On the other hand, there are regulations governing the use of other people's creative works. The purpose of this study is to determine the procedure for playing songs at live music performances in cafes in Purwokerto and how the legal protection for playing songs in live music in cafes in Purwokerto is from the perspective of Copyrights Act and hifz al-mal. This study uses an empirical legal approach to analyze the cafe's compliance with economic rights in copyright. The type of research is field research. The results of the study indicate that copyright infringement is more relevant and serious in the context of large concerts that have a significant financial impact, where the use of songs without permission can substantially harm the copyright owner. In contrast, live music performed in cafes with minimal income and driven by humanitarian intentions to entertain or support the community is not considered a significant copyright infringement from a humanitarian perspective and the principle of hifz al-mal. This is due to its small financial impact and underlying good intentions, however, efforts are still needed to respect copyright in the long term in accordance with the principles of justice and protection of property in Copyrights act and hifz al-mal.
Sewa Menyewa Jasa Bajak Sawah Perspektif Hukum Islam: Studi Kasus Desa Pakikiran, Banjarnegara Farida Isnaeni; Syifaun Nada; Juen
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 2 No. 2 (2024)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v2i2.12140

Abstract

An agreement on a wage payment system that  is undertaken by musta’jīr in cash with payment when the rice fields are plowed after being plowed. However, in practice, many parties  must not pay directly the wages that must be musta’jīr. This happened due to the inability of musta’jīr caused by the transfer of capital for planting and maintenance costs.  Delay in paying wages raises injustice and losses for one party. In fact, the ijarāh  contract contains the principle of justice by avoiding the element of loss for one of the parties. So this research is important to be carried out, with this research it is hoped that it will be able to bring benefits, not only to one party but to all parties involved in the contract. This research is a field research that directly seeks information from the public. By conducting observations, interviews and documentation. The primary data source used is in the form of informants who have made rental transactions at rice plow services in Pakikiran Village, namely from service providers, tractor owners and farmers. The results of this study show that the practice of  renting rice plow services that occurs in Pakikiran Village has occurred since the 90s. In responding to the delay in wage payment, the people of Pakikiran Village refer to the principle of helping each other. Because even though there are parties who are harmed, on the other hand there are parties who must be helped because of their inability to pay the wages directly, because the payment of wages for rice plow services is diverted to planting costs to avoid damage in the form of crop failure and also crop failure. It has become a habit of the local community so that economic activities always bring benefits. Based on the study of existing Islamic law, even though there are delays in the wage payment system. However, the delay is forgiven because it is a good community custom and does not contradict Islamic law.
Praktik Sewa Jasa Parafrase Skripsi dalam Perspektif Hukum Islam Citra Buana Tunggadewi; Yaqin, Ainul
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 2 No. 2 (2024)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v2i2.12294

Abstract

Currently, there are many types of services, one of which is thesis paraphrasing services, where the thesis with a high percentage of plagiarism will be processed in such a way that the plagiarism rate drops. The purpose of this research is to find out how the practice of renting thesis paraphrasing services in Purwokerto and how Islamic law reviews the practice of renting thesis paraphrasing services. This research is included in the type of field research with juridical-empirical approach. Primary data sources are taken directly from paraphrase service providers in Purwokerto and their service users. The results of this study indicate that the practice of thesis paraphrasing services in Purwokerto is an implementation of the ijarah 'ala al-'amal contract. Regarding the benefits of renting thesis paraphrasing services, it is considered to be in accordance with the provisions of shara' because there is no fraud in it. In this case, the service provider will only change the language order in the thesis. In addition, there is no definite argument or provision from the campus regarding the rules for using thesis paraphrasing services so that this practice is permissible. In terms of service fees (ujrah), some service providers do not determine the clarity of wages or tariffs so that the status of the contract becomes fasid because there is an element of garar.
Ta’zir Keterlambatan Iuran Pemberi Kerja pada Dana Pensiun Syariah Perspektif Hukum Islam Hidayati, Nova Rizky; Solihin, Solihin
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 2 No. 2 (2024)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v2i2.12308

Abstract

In Indonesia, the implementation of sharia pension funds is regulated in Law No. 4 of 2023 concerning Development and Strengthening of the Financial Sector, and POJK No.33 /POJK.05/2016 concerning the Implementation of Pension Programs Based on Sharia Principles. In determining a rule to be in accordance with sharia principles, the POJK should refer to Fatwa DSN Number: 88/DSN-MUI/XI/2013 concerning General Guidelines for Implementing Pension Programs Based on Sharia Principles. However, in the DSN-MUI fatwa there is no explanation of the ta'zir problem. This research is library research with a normative juridical approach, by examining legal sources related to ta'zir. The purpose of this research is to find out the law of ta'zir for late employer contributions contained in POJK No. 33 /POJK.05/2016 whether it is contrary to Islamic law or not. Based on several explanations contained in the Al-Quran, hadith, fiqh, DSN MUI fatwa on Employment Social Security, that the ta'zir sanctions listed in POJK No. 33 /POJK.05/2016 are not contrary to Islamic law. Where the aim is to achieve benefits in the management of pension funds so that pension benefits can be given properly to participants. However, in determining the amount of the fine, it should be limited in order to teach a lesson and not be excessive. The ta'zir funds that have been collected must be used as social funds, not included in the cash of the Islamic pension fund institution.
Wakaf Uang dalam Perspektif Empat Mazhab dan Implementasinya di Indonesia Rahmat, Rahmat; Nurjannah, Mauliya Redyan
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 2 No. 2 (2024)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v2i2.12312

Abstract

This research aims to understand the law of cash waqf from the perspective of the four madhhabs (Syafi'i, Hanafi, Maliki, and Hambali) and its implementation in Indonesia. The method used is literature research with a qualitative approach. The Shafi'i and Hambali schools tend to be strict in their views on cash waqf, with the majority of scholars stating that cash waqf is prohibited because the object of waqf must retain its physical form (ain) after use, such as dinars or dirhams. While there is a minority view from the more tolerant Shafi'i scholars, the Maliki school gives some leeway to cash waqf if it is based on the waqf of movable objects. On the other hand, the Hanafi and Maliki schools allow cash waqf based on istihsan bi al-'urf, as cash waqf has become an accepted custom in both schools. Based on these four madhhabs, it can be concluded that there are two views regarding the law of cash waqf. The Shafi;i and Hambali schools reject cash waqf because they argue that waqf must be in the form of objects that are fixed and not used up in order to maintain the permanence of waqf assets, while the Maliki and Hanafi schools allow cash waqf based on the view that waqf assets are not only seen from movable and immovable objects but are more complex than that that waqf assets such as cash waqf must focus on the aspects of the usefulness  the waqf object.

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