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Ramadhita
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Journal of Islamic Business Law
Published by Universitas Islam Negeri Maulana Malik Ibrahim Malang
ISSN : -     EISSN : 25802658     DOI : https://doi.org/10.18860/jibl
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Journal of Islamic Business Law merupakan sarana komunikasi dan publikasi ilmiah hasil riset mahasiswa di bidang hukum bisnis atau ekonomi syariah dengan berbagai pendekatan meliputi bidang: Islamic Banking Law Islamic Finance Law Islamic Assurance Law Islamic and Halal Tourism Alternative Dispute Resolution
Arjuna Subject : Ilmu Sosial - Hukum
Articles 323 Documents
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Kajian Sadd Adz-Dzarî’ah: Jual Beli Alat Kontrasepsi Online Nur Fadlan
Journal of Islamic Business Law Vol 2 No 1 (2018): Journal of Islamic Bussiness Law
Publisher : Fakultas Syariah Universitas Islam Negeri Maulana Malik Ibrahim Malang

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Abstract

This research aims to know the freedom of contraception and selling online, and to know the views rule Usul Fiqh sadd adz-dzarî'ah of free contraceptives and selling online. The type of research used in this study is using this type of normative research using rule Usul Fiqh sadd adz-dzarî'ah. The results of this research show the perpetrators free enterprise trading contraception online. Freedom to buy and sell online, contraceptives are not limited or very free in its implementation. Both in terms of marketing, advertising, and sales. Freedom and selling contraceptives online implementation is not limited to, in the event anyone can buy and sell contraceptives has online. In the absence of provisions of married and unmarried, adult or under. According to sadd adz-dzarî'ah selling contraceptives online when it raises the forbidden things. This includes selling helped in sin and transgression that know no limitations on who has the right to buy and use contraceptives. Then, buy sell buy prohibited or unlawful
ANALISIS FIKIH IMAM SYAFI’I TERHADAP PERALIHAN RISIKO JUAL BELI DALAM PASAL 1460 KUH PERDATA Diki Kurniawan
Journal of Islamic Business Law Vol 2 No 1 (2018): Journal of Islamic Bussiness Law
Publisher : Fakultas Syariah Universitas Islam Negeri Maulana Malik Ibrahim Malang

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Abstract

This research aims to determine the transition of trade risk, also as the object of this research and to know the opinion of imam Shafi’i to the transition of trade risk, This research is a normative study by using fiqh Imam Shafi’i and code of civil law. with a conceptual approach and a statue approach, this approach is more emphasis on the discussion that analyzes the article 1460 Civil Code about the trade and the opinion of imam Shafi’i. the technique of collecting legal materials in this research is by literature study, literary studies include the study of legal materials comprising of primary, secondary, and tertiary legal materials, the result of this research is the buyer's loading in Civil Code that is risk of goods sold according to pile. whereas according to imam Shafi’i goods pile is the responsibility of the seller with the terms of the goods mentioned.
IMPLEMENTASI ASPEK HUKUM STANDAR PELAYANAN MINIMUM PADA PASIEN BPJS TINJAUAN FATWA DSN MUI NO. 107/DSN-MUI/X/106 TENTANG PEDOMAN PENYELENGGARAAN RUMAH SAKIT BERDASARKAN PRINSIP SYARIAH STUDI DI RUMAH SAKIT UMUM DAERAH KABUPATEN JOMBANG Wildani Mahaldyan Syach
Journal of Islamic Business Law Vol 2 No 1 (2018): Journal of Islamic Bussiness Law
Publisher : Fakultas Syariah Universitas Islam Negeri Maulana Malik Ibrahim Malang

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Abstract

This research aims to know the level of patient satisfaction BPJS and implementation SPM as well as tinjauannya according to the fatwa DSN MUI No. 107/DSN-MUI/X/106. This research is a kind of juridical research empirical juridical sociological approach. Data analysis methods in use is descriptive analysis method. Results of the study amounted to 50 respondents .36 people are satisfied with the service provided includes field service dimensions of physical evidence, guarantee and attention. While the 14 people declared not satisfied includes field service responsiveness and reliability. Such things are certainly very influential towards the Ministry because the patient is the main source of the Ministry. About the review according to the fatwa DSN MUI No. 107/DSN-MUI/X/106 that RSUD Kabupaten Jombang has adopted an indirect indicator of the fatwa, namely in the field of services, medicines, food and drink.
Respon Dinas Perdagangan Kabupaten Jombang Terhadap Pemberlakuan Pasal 4 Undang -undang Nomor 33 Tahun 2014 Dan Maqashid Syariah tentang Ketentuan Kewajiban Label Halal Makanan Impor Nely Alfi Rohmah
Journal of Islamic Business Law Vol 2 No 1 (2018): Journal of Islamic Bussiness Law
Publisher : Fakultas Syariah Universitas Islam Negeri Maulana Malik Ibrahim Malang

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Abstract

The study aims to determine the response of the Department of Trade of the Jombang to the implementation of article 4 of Law No. 33 of the year 2014 about Social Security Products Halal and maqashid and portfolio management. This type of research is research the law of the empirical approach juridical sociologica and conceptual approachl. The method of collecting data on primary education obtained through a live interview, data collection has obtained from the literature related. The method of analysis of data used is the method of analysis descriptive. The study concluded that, the Department of Trade of the Jombang to the implementation of article 4 of Law No. 33 of the year 2014 about Social Security Products Halal (Law JPH) to give the affective, because it is still a lot of food products impotts have not labeled as halal and not the sanctions provided by the government to manufacturers of food imports. Furthermore, this is contrary to the concept of maqashid syariah, where the hifz an-nafs in the dharuriyyah can not be used well. Against the easy it is the permintfood imports without a lawful by Departmenen of commerce Jombang
Studi Komparasi Pemikiran Yusuf Qordhowi dan Ali Yafie Tentang Pertanggungjawaban Pelaku Pembuangan Limbah Cair Usaha Pencucian Kendaraan Bermotor Muhammad Fajrul Falah
Journal of Islamic Business Law Vol 2 No 1 (2018): Journal of Islamic Bussiness Law
Publisher : Fakultas Syariah Universitas Islam Negeri Maulana Malik Ibrahim Malang

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Abstract

This research aims to analyze the accountability for perpetrators of waste disposal on the washing of motor vehicles by the method of comparison studies between Yusuf Qordhowi and Ali Yafie. This research uses the yurudis-normative approach to research methods by using libraries (Library research) and using the method of approximation of legislation (the statute approach). As for the source of the material law legal materials consist of primary, secondary and tertiary. Legal materials collection method using books and documentation relevant to the research. After going through the analysis of the thought of the two scholars obtained some results, namely: the difference of accountability against perpetrators of the disposal of liquid waste in safeguarding the environment, according to Yusuf Qordhowi is to use the five concepts mashlahat i.e. keep religion, soul, intellect, lineage and property, thus the maintenance and preservation of the environment is equal to the refinement of the goals of legislation. Does away with the thought of Ali Yafie i.e. always keeps the relationship between man and God, man with man and man with nature. As for the equation of liquid waste disposal offender accountability in maintaining the environment between the two scholars is located on the object if the Yusuf Qordhowi touch down between man and the surrounding environment while Ali Yafie and above the relationship of man with God. This research aims to analyze the accountability for perpetrators of waste disposal on the washing of motor vehicles by the method of comparison studies between Yusuf Qordhowi and Ali Yafie. This research uses the yurudis-normative approach to research methods by using libraries (Library research) and using the method of approximation of legislation (the statute approach). As for the source of the material law legal materials consist of primary, secondary and tertiary. Legal materials collection method using books and documentation relevant to the research. After going through the analysis of the thought of the two scholars obtained some results, namely: the difference of accountability against perpetrators of the disposal of liquid waste in safeguarding the environment, according to Yusuf Qordhowi is to use the five concepts mashlahat i.e. keep religion, soul, intellect, lineage and property, thus the maintenance and preservation of the environment is equal to the refinement of the goals of legislation. Does away with the thought of Ali Yafie i.e. always keeps the relationship between man and God, man with man and man with nature. As for the equation of liquid waste disposal offender accountability in maintaining the environment between the two scholars is located on the object if the Yusuf Qordhowi touch down between man and the surrounding environment while Ali Yafie and above the relationship of man with God.
Pemanfaatan Kartu BPJS Ketenagakerjaan Sebagai Kartu Diskon Tinjauan UU Ketenagakerjaan dan Maslahah Mursalah afiffudin afiffudin
Journal of Islamic Business Law Vol 2 No 1 (2018): Journal of Islamic Bussiness Law
Publisher : Fakultas Syariah Universitas Islam Negeri Maulana Malik Ibrahim Malang

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The purpose of this research is to know the juridical validity of the BPJS Employmentcard utilization as a discount card review labor law and Islamic law. This research included in this type of normative or legal research legal research library which is done by examining the material law of primary and secondary legal materials. The primary legal materials obtained directly from the source at first, but in this study the primary legal materials used, namely law No. 13 Year 2003 concerning Employment. Secondary legal material in this case authors use legal research journals that are related to the theme of the research, as well as books that explain about the concept of employment, BPJS multiakad (contract Murakabah) and al-mursalah al-maslahah. The results of this study showed that the utilization of Labor as the BPJS card discount card is not listed in the BPJS Employment legislation. Review of Islamic law against the contract used in the utilization of Employment was multikad BPJS card (contract Murakabah) and the concept of maslahah al-al-mursalah, thus the utilization of Labor as the BPJS card discount card can be take advantage of discounted rates for all as the transaction is the purchase of products or services.
Faktor-Faktor Penetapan Nisbah Bagi Hasil Tabungan Mudharabah Berjangka Studi di Baitul Maal Wat Tamwil (Bmt) Ugt Sidogiri Cabang Tanah Merah Bangkalan sari kamalia aini
Journal of Islamic Business Law Vol 2 No 1 (2018): Journal of Islamic Bussiness Law
Publisher : Fakultas Syariah Universitas Islam Negeri Maulana Malik Ibrahim Malang

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Abstract

This research aims to determine the factor of determining the profit sharing ratio and the distribution of losses on mudharabah time deposits in Baitul Maal wat Tamwil (BMT) UGT Sidogiri Branch Tanah Merah Bangkalan. The type of reseacrh used is a kind of juridical empirical research. With a conceptual research approach that is descriptive qualitative. Data are collected through interviews and documentation. Data are analyzed by descriptive method. The result show that the determination of the profit sharing and the distibution of losses on mudharabah time deposits are not fully in accordance with the provisions of the mudharabah theory. First, in terms of determining the profit sharing ratio based on the agreement of both parties and done bay the process of bargaining, but in practice there is no bargaining process because it has been establishedby BMT UGT Sidogiri Center. Secondly, in the event that the share of loss is taken out of profit and if it exceeds the profits, it is taken from the capital stock, but in practice the loss sharing of BMT sets aside 20% of the remaining results of its business as a backup/solution when there is a loss or unforeseen event.
Studi Komparasi Hukum Perdata dan Hukum Perjanjian Syariah Terhadap Perjanjian Pemberian Kuasa Keagenan PT BTrav Internasional dengan PT Garuda Indonesia ahmad muzakki
Journal of Islamic Business Law Vol 2 No 1 (2018): Journal of Islamic Bussiness Law
Publisher : Fakultas Syariah Universitas Islam Negeri Maulana Malik Ibrahim Malang

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This research aims to discuss about contract granting power of Attorney agency agreement between PT BTrav International with PT Garuda Indonesia. This type of research is empirical juridical. This research uses a conceptual approach. The data collected in the form of primary data (interviews with some informants) and secondary data (legislation and books related to the agreement). The treaty granting the power Agency, which provided the object is –. From the results of the research, it can be noted that 1) the agreement granting the power Agency is not set explicitly in legislation either civil law or commercial law in Indonesia. Although the Act does not set them, the fact there is everywhere a travel agency in the community. However, if the terms of the civil law obtain juridical basis received its existence through the principle of freedom of contracts. 2) in terms of the sharia law agreement granting power of Attorney Agency agreements in accordance with the contract, namely the existence of wakalah grant of power from one party to the other parties to work on an affair.
Upaya Dikyasa Terhadap Pengawasan Onderdil-Aksesoris Kendaraan Bermotor Di Kota Malang Prespektif Hukum Islam maulana malik ibrahim
Journal of Islamic Business Law Vol 2 No 1 (2018): Journal of Islamic Bussiness Law
Publisher : Fakultas Syariah Universitas Islam Negeri Maulana Malik Ibrahim Malang

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Abstract

Regarding in auto parts-accessories of vehicles development. It often happened any problem when people used it on the road. In this case, this problem cannot be avoid when the people were driving on the road and made the weaknesses against another people that uses auto parts-accessories of vehicles with incompatible with allocation, then in this study more focused existing rules, but in the rules is still unresolved or less specific about the usability and functionality of auto parts-accessories of vehicles to the safety and security. Later in this study using a kind of empirical juridical research and also his approach to use the statute approach and conceptual approach, a location used for research at Polres DIKYASA kanit Malang and Dishub Batu city method of data collection by searching for the primary and secondary data then the dissemination by means of analysing. From the results in this study i.e. can be from any oversight conducted by THEN were in accordance with the Act No. 22 of year 2009, but in the presence of flaws in the law that makes all the violations committed by the society became problematic in the point Moreover, in the point of view of Islam, that problem can make a harm and it will take weaknesses to ourself or others.
Tinjauan Peraturan Otoritas Jasa Keuangan Nomor. 31/POJK.05/2016 Terhadap Perlindungan Hukum Bagi Konsumen Dalam Praktik Pegadaian Swasta Sarwah Mandiri audiana nabilla
Journal of Islamic Business Law Vol 2 No 1 (2018): Journal of Islamic Bussiness Law
Publisher : Fakultas Syariah Universitas Islam Negeri Maulana Malik Ibrahim Malang

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This research discusses analyze the related regulation of the financial services authority Number 31 / POJK.05 / 2016 against consumer protection in the practice of private pawnshops Sarwah Mandiri located in Sidoarjo. This research use empirical legal researc. With conceptual approach and statue approach. Data are collected throught interviews. Data are analyzed by descriptive method. The result shows The protection of consumers in the practice of private pawnshops in Sarwah Mandiri is still not fully in accordance with the provisions contained in the rules of the Financial Services Authority Number. 31 / POJK.05 / 2016. First, in terms of private pawnshop licensing, but in practice private pawnshop Sarwah Mandiri has not done the licensing on the grounds of being too complicated and not ready to manage finances formally. Secondly, in the case of pawnshop practices such as keeping the consumer's collateral goods not in accordance with the rules set by the POJK. POJK provides regulations in order to provide protection to consumers who mortgage their collateral in private pawnshops so as not to experience things that are not desirable.

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