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JOURNAL SECRETARIAT: Building A, Sharia Economic Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry Banda Aceh, Indonesia. Jl. Syeikh Abul Rauf Kopelma Darussalam Banda Aceh, Indonesia, Postal Code 23111 E-mail: almudharabah@ar-raniry.ac.id | website: https://journal.ar-raniry.ac.id/index.php/mudharabah MAPS: https://maps.app.goo.gl/HE1rr2qDD8gdRMSY9
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Al-Mudharabah
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 26550547     EISSN : 28293665     DOI : http://doi.org/10.22373
Core Subject : Religion, Humanities, Social,
Religion Humanities Social Sciences
Mudharabah: Journal of Sharia Economics and Finance is professionally managed and published by the Sharia Economic Law Study Programme, Faculty of Sharia and Law, UIN Ar-Raniry in helping academics, researchers and practitioners to disseminate their research results. Al-Mudharabah: Journal of Islamic Economics and Finance is a blind peer-reviewed journal dedicated to the publication of quality research results related to the field of Islamic Economics and Finance. All publications in Al-Mudharabah journal are open access allowing articles to be freely available without any subscription. THE SCOPE OF AL-MUDHARABAH: Jurnal Ekonomi dan Keuangan Syariah includes all the areas of research activities in all fields of Economics as theoritical and practical, Islamic Business Economics, Business Law, Economic Management, Microeconomics, Macroeconomics, International economics, International Trade, Experimental economics, Fiscal policy, Health Economics, Economics of Innovation and Entrepreneurship, Industrial Economics, Labour Economics, Inflation and monetary policy, Information economics, Environmental economics, and Agricultural economics etc and Finance as Public Finance, Personal finance, Securities and Investment Analysis, Institutional Finance, International Finance, Financial Management, Managerial finance, Corporate finance, Financial planner, Behavioral finance, Financial mathematics, Financial economics, Monetory, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 227 Documents
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UNDERSTANDING INTELLECTUAL PROPERTY RIGHTS IN THE INDONESIAN TRADING BUSINESS Maghfirah, Nurul; Zaviera, Siti; Alghazy, Daffa; Fahmi, Chairul
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 3 No. 2 (2022): Al-Mudharabah : Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v3i2.3384

Abstract

This article aims to find out the concept of Intellectual Property Rights (IPR) in Indonesia and its application in business ventures. In general, Indonesia has recognised IPR and has passed a number of laws related to IPR protection. This research uses a literature approach method, where data is obtained from secondary sources, both from books, articles and various references related to this research. The results show that the application of IPR in Indonesia is still experiencing various problems, where many IPR results are violated. Conversely, law enforcement against IPR violations is still very weak. This is inseparable from the scope of IPR which is categorised as part of civil law. This means that if no one reports and feels harmed by the IPR violation, then the violation is not followed up or handled by the authorities.
ANALYSIS OF AGREEMENT ON THE CONSTRUCTION OF MOSQUE INTERIORS IN THE PERSPECTIVE OF AL-IJĀRAH ALA AL- 'AMĀL CONTRACT Najimi, Ahmad; Saifullah Karam
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 4 No. 2 (2023): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v4i2.3388

Abstract

The practice of Borongan work agreement on the manufacture of mosque interiors between CV Serba Na Plafon and the mosque BKM is carried out in the form of an oral agreement, and both parties have agreed to the contents of the agreement. However, after the work was completed and the work contract ended, there was damage to the interior of the mosque, and the BKM mosque asked for responsibility for CV Serba Na Plafon. This study examines the work agreement between the management of the BKM Mosque and the contractor in making the interior of the mosque and the review of the al-ijārah ala al-amāl contract on the agreement and implementation of mosque interior design work in Southwest Aceh Regency. This research is a descriptive qualitative research analysis with a normative sociological approach, where the data obtained comes from observations and interviews. Based on the results of the research, it was found that: first, the work agreement between the BKM and the contractor is carried out in the form of an oral agreement, in the agreement, a three-month warranty is given to complete the work, with the provision that if damage occurs, then all damage is not the responsibility of CV Seba Na Plafon. Second, the review of the al-ijārah ala al-amāl contract on the agreement and implementation of the mosque interior design work is not in accordance with the terms and conditions of the al-ijārah ala al-amāl contract. In its implementation, the BKM of the mosque asks for responsibility for damage to the interior of the mosque carried out by CV Serba Na Plafon, which should be according to the al-ijārah ala al-"amāl contract, but the BKM of the mosque has no right to do so because the parties must adhere to the terms agreed upon at the beginning of the agreement. In Islamic law, the parties to the collaboration must comply with the agreements in the contract.
THE CONCEPT OF FRANCHISING IN THE INDONESIAN’S CIVIL LAW AND ISLAM Iwandi, Iwandi; Efendi, Rustam; Fahmi, Chairul
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 4 No. 2 (2023): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i2.3409

Abstract

The franchise concept is an agreement between the franchisor and the franchisee. This means that the franchisor, as the patent owner of the trademark, has the right to receive a certain amount of royalties or fees to be paid by the franchisee based on legal provisions. Franchise agreements are regulated in Indonesian civil law with regard to special rights to trademarks. While in Islamic law, the franchise agreement is actually a development of a form of cooperation (syirkah). This research uses the library research method, where data sources come from laws and other secondary data. The results of this study indicate that a franchise agreement under civil law, which refers to Article 4 of Government Regulation No. 42 of 2007 on Franchising, states that every franchise agreement of any kind must be made in writing by the parties. The existence of a franchise agreement is an innominaat contract. Innominaat contracts are contracts that arise, grow and develop in practice. From the perspective of Shari'ah economic law, franchise agreements belong to the group of shirkah (partnership) and the law is permissible. In addition, the franchise agreement involves the cooperating parties, namely the franchisor and the franchisee. Meanwhile, the franchisor's capital consists of intellectual rights in the form of company names, logos, systems and methods, which are owned and developed by the franchisor.
THE SISTEM PENJAMINAN KUALITAS MUTU OBJEK TITIP JUAL PRODUK ELEKTRONIK SECOND PADA USER PLATFORM INSTAGRAM DALAM PERSPEKTIF MABI’: STUDI PADA @CONSIGNGAMING DAN @TITIPJUAL_OKE M. Lukman Hakim T
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 3 No. 2 (2022): Al-Mudharabah : Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v3i2.3418

Abstract

Social media is now used as a platform for a number of business endeavors, including conducting sales-related tasks. The selling of secondhand electronics is the main topic of this research. As a result, guaranteeing the quality of the products that are sold (mabi') is important for both the seller and the owner of the transaction. In addition to describing restricted time and the third Mabi's viewpoint on the sale of commodities and the quality assurance of secondary products, this study additionally describes purchasing and sales procedures. This study's research methodology uses conceptual and case methods with an empirical research methodology in which data was acquired through interviews and qualitative analysis. The study's findings indicated that, first, the practice of selling and buying secondhand products on the Instagram platforms @consigngaming and @titipjual_oke defines certain terms and conditions of sale, including the requirement that the products be original, in good condition, and worth selling; second, there is a time limit for quality assurance, with the buyer having three days to inspect the items being purchased; and third, there is a review of akad mabi’ on the sale of purchase against the guarantee of quality in purchase a secondhand item product.
UNDERSTANDING THE CONCEPT OF COPYRIGHT IN CIVIL LAW AND ISLAM Shilvia, Cut Vera; Sabrina, Azkiya S; shabarullah, shabarullah
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 3 No. 2 (2022): Al-Mudharabah : Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v3i2.3424

Abstract

Copyright is one of the rights that has been given legal protection in Indonesia as a result of extraordinary creativity, works that are used by both the individual concerned and the general public. The purpose of this study is to gain an understanding of copyright infringement in both Islamic and civil law. This desk research aims to answer questions about Islamic and civil law perspectives on copyright. In addition, this research discusses how civil law and Islamic principles protect copyright. The study shows that copyright in Islamic law is called haq al-ibtikar - the right to the first creation. Only that which is in accordance with the values and norms of the Islamic religion is accepted and protected. If the work contradicts Islamic principles, it is not recognised as a copyrightable work and no protection is given to the work.
OCCUPATIONAL RISK LIABILITY IN FIREFIGHTING EMPLOYEES IN THE PERSPECTIVE OF IJARAH 'ALA AL-AMAL CONTRACT Ida Friatna; Jalilah; Tajul Muna Raya Guna
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 4 No. 2 (2023): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v4i2.4248

Abstract

The profession of a firefighter carries very high safety risks. Legal review in firefighting work using the Ijārah 'Ala al-A'mal agreement. The problems studied in this research are to find out, first, how to minimise work risks among Banda Aceh City Fire Department employees, second, what is the level of awareness of Banda Aceh City Fire Department employees regarding work risks, third, what forms of party responsibility exist? Banda Aceh City firefighters in the perspective of the Ijārah 'Ala al-A'mal Agreement. The research method used in this research is descriptive qualitative, and data collection was carried out using field research and library research. The data collection techniques used were interviews, observation and documentation. The research results show that efforts are made to minimise work risks with available facilities and infrastructure. Awareness of work risks among fire department employees is still lacking. The form of responsibility of the Banda Aceh City fire brigade in the perspective of the Ijarah 'Ala Al-Amal agreement based on the regulations used in work risk responsibility is in accordance with the Ijarah 'Ala Al-Amal agreement, however it is very unfortunate that there are differences in the social security obtained, which employees Civil servants get BPJS employment while contract employees do not get BPJS guarantees and any benefits so officers cannot submit claims for work accident insurance because officers are not insured by the government.
LEGAL PROTECTION FOR CUSTOMERS IN ONLINE LOANS ACCORDING TO SHARIA ECONOMIC LAW Aulia Rahmatullah; Fahmi, Chairul Fahmi; Asad ullah
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 5 No. 1 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i1.4529

Abstract

This article aims to examine the legal protection for customers in the implementation of online-based money loans or known as online loans (pinjol). The research method used is a doctrinal approach where the author will examine legal norms related to customer protection according to the Banking Law, and a number of Financial Services Authority (OJK) regulations related to pinjol. The results of this study conclude that there are several phenomena that occur in the implementation of pinjol that do not get legal protection for customers, namely: First, the determination of interest that does not refer to the interest rate provisions of Bank Indonesia, second, the maximum interest setting on online loans in fintech companies is 0.4 percent per day but the amount of real interest is not regulated in the agreement. Third, Financial Services Authority Regulation No.77/POJK.01/2016 on Information Technology-Based Money Lending and Borrowing Services OJK Regulation No.77 of 2016 is the basis for the implementation of Peer to Peer Lending business activities or online lending and borrowing which is one of the types of fintech, including the protection of customer personal data. Customer personal data collected by fintech providers must be kept confidential in accordance with applicable privacy provisions.
RISK COVERAGE ACCORDING TO DSN-MUI FATWA NO. 39 OF 2002 CONCERNING HAJJ INSURANCE: A STUDY AT THE MINISTRY OF RELIGIOUS AFFAIRS OF BANDA ACEH CITY Ningsih, Mutia Martuna; Musa, Armiadi; Umur, Azmil
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 5 No. 1 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i1.4537

Abstract

This article aims to analyse the practice of Hajj insurance at the Ministry of Religious Affairs of Banda Aceh City with a review according to Fatwa DSN-MUI Number 39 of 2002 concerning Hajj insurance. The role of the government in the management of Hajj insurance and the mechanism for submitting Hajj insurance claims are analysed. The problems in this study focus on how is the practice of Hajj insurance for pilgrims and the mechanism for submitting Hajj insurance claims at the Ministry of Religious Affairs of Banda Aceh City with relevance to the DSN-MUI Fatwa Number 39 of 2002 concerning Hajj Insurance Practices. The primary data is gathered from interviews and observations. While secondary data is obtained from the results of research related to this study. The results showed that, first, the insurance practice at the Ministry of Religious Affairs of Banda Aceh City is only limited as a facility provider who proposes to the Central Ministry of Religion Office as a policy holder, so that the insurance claim process occurs at the central level and can be confusing for pilgrims. Nevertheless, the Hajj insurance used by pilgrims is considered in accordance with Islamic teachings because it is sharia-based. Second, the mechanism for submitting insurance claims, families can apply for insurance to the provincial ministry of religion office which will then be submitted to the centre while carrying a number of requirements. Some of the requirements include a death certificate (SKK), a statement letter of heirs from the sub-district and the account number of the deceased or heirs. Third, in the review of the DSN-MUI fatwa No.39 of 2002 concerning Hajj insurance, the practice of Hajj insurance that occurs at the Ministry of Religious Affairs of Banda Aceh City is still less than optimal. Hajj pilgrims do not even know at all about the insurance claim process. Especially for pilgrims from the regions, the process of submitting claims is considered difficult to understand. In fact, the heirs of pilgrims often do not know how to submit insurance claims used by pilgrims, the absence of representatives from PT Asuransi Takaful Keluarga in the regions is also an obstacle in the process of submitting claims, so that the families of pilgrims face challenges in submitting claims with a long procedures.
LEGAL PROTECTION FOR CONSUMERS IN THE SALE AND PURCHASE OF SACRIFICIAL ANIMALS ACCORDING TO ISLAMIC LAW Jumaika Zwana; Bakri, Nurdin; Abdullah, Muslem
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 5 No. 1 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i1.4538

Abstract

This article aims to examine the legal protection for consumers in the sale and purchase of qurban animals provided by Kutaraja Aqiqah as a business actor to its customers (consumers) according to Islamic law. The research method used is qualitative research, namely solving problems by collecting, compiling, analysing, and interpreting the data that has been obtained. The phenomenon that occurs about consumer protection in Kutaraja Aqiqah demands descriptive analysis and answers. This can be fulfilled by describing the conditions and situations, as well as answers related to the problems in the phenomenon. The results of this study conclude that first, the mechanism of buying and selling transactions in kutaraja aqiqah follows the teachings of Islamic law, several types of livestock buying and selling transactions in kutaraja aqiqah such as cash, salam contracts, down payments, and qurban arisan. Second, the form of protection provided by kutaraja aqiqah according to Islamic law is in accordance with sharia which is also beneficial for business actors in attracting the attention and interest of purchasing power of customers
THE APPLICATION OF PRUDENTIAL PRINCIPLES IN MICRO BUSINESS CREDIT FINANCING AT BANK INDONESIA SYARIAH Azkal Azkia; Mustaqilla, Safira
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 5 No. 1 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i1.4540

Abstract

Kredit Usaha Rakyat (KUR) is a credit facility to middle to lower class customers that issued by banking industries in Indonesia, which focusses on aspects of livestock, trade, and agriculture. PT Bank Syariah Indonesia, Banda Aceh is one of bank company which issues this product and always applies prudent banking principles, especially in financing. The application of the prudential principle is carried out starting from the beginning of the debtor applying for credit analysis of KUR financing until the financing is paid off. This type of research is a qualitative descriptive approach through case studies. The result finds that the application of prudential banking principles applied to the company can be seen from the various provisions set by Bank Indonesia. The provisions of the prudential principle are the Capital Adequacy Ratio (CAR), namely the maximum credit provision (Maximum Lending Limit), the allowance for productive asset liabilities, and the provisions that regulate banking itself. The company can be seen from non-performing loans, it seems that their non-performing loans originated from year to year are increasing even though they have implemented the prudential principle, but there are still non-performing loans.

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