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IRTIFAQ
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Prodi Hukum Ekonomi Syariah Fakultas Agama Islam Universitas Hasyim Asy’ari Tebuireng Jl. Irian Jaya No. 55 Tebuireng Jombang 61471
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INDONESIA
Jurnal Ilmu-ilmu Syari'ah
Published by Universitas Hasyim Asy'ari
ISSN : 23560983     EISSN : 28290704     DOI : https://doi.org/10.33752/irtifaq.v11i01
Core Subject : Religion, Economy,
Religion Economics, Econometrics & Finance
Focus IRTIFAQ aims to enrich readers’ understanding of Sharia Economics, the History of Sharia Economic Thought, Islamic Law, Local Wisdom from a Sharia Economic Perspective, Management, and other topics related to Sharia Economics and its current developments through scholarly article publications. Scope The IRTIFAQ Journal specializes in Sharia Economics, Sharia Economic Law, Sharia Finance, and Management. It warmly welcomes contributions from scholars in these and other related fields.
Arjuna Subject : Ilmu Ekonomi, Ekonometrika dan Keuangan (semua kategori) - Ilmu Ekonomi, Ekonometrika dan Keuangan (Lain-Lain)
Articles 6 Documents
 1 
Search results for , issue "Vol 6 No 2 (2019): September" : 6 Documents clear
SISTEM PEMBALIKAN BEBAN PEMBUKTIAN TINDAK PIDANA PENCUCIAN UANG DITINJAU DARI ASAS HUKUM PIDANA DI INDONESIA Fahd Akbar, mochammad
Irtifaq Vol 6 No 2 (2019): September
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v6i2.623

Abstract

The reversal of the burden of proof is applicable in Law Number 8, 2010 about Prevention and Eradication of Money Laundering Crime in Article 77. This does not violate the principle of criminal law in Indonesia, because the rights in the trial of the suspect or defendant are not reduced by the proof system. It is not unreasonable if the reversal system of the burden of proof is contrary to the criminal law principle in Indonesia. This is for the collective interest to the rights of the society and the state integrity which is now in the spotlight and the declining condition due to the numerous criminal acts that are specific such as corruption and money laundering is increasingly massive. Regarding the expropriation of property which is not the result of a crime but has already been confiscated, the law here provides an opportunity for the defendant that the property has been confiscated but not related to the money laundering crime. By filing a pre-trial be arranged in Article 77 until Article 83 The Criminal Code Procedure. If the court believes that the property or asset being confiscated are not connected nor the results of the indicted crime, then the court may order to return the property or asset has already been confiscated to defendant or to the rightful. Keywords: Reversal System of the Burden of Proof Money Laundering Crime
KEDUDUKAN PENYELESAIAN KASUS HUKUM PERDAGANGAN INTERNASIONAL TENTANG IMPOR UDANG: Vol 06 Nomer 02 September 2019 H. Noho, Muhammad Dzikirullah
Irtifaq Vol 6 No 2 (2019): September
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v6i2.624

Abstract

The case of shrimp imports carried out by India, Malaysia, Pakistan and Thailand was banned by America because the way of shrimp fishing endangers the environment because it kills sea turtles. Starting from the problem, the issues to be discussed, namely the resolution of the shrimp import case carried out by the United States, are in accordance with the principles and rules mentioned in the general agreement tariff on trade (GATT). Based on the results of the discussion, it was found that the import ban regulation called public law 101-102, Sextion 609 was codified in 16 United States Code (USC by America refers to CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora). for countries complaining that the import prohibition cannot be included in the exception cases contained in article XX GATT and accuses the US of violating GATT article XI on "quantitative restrictions. DSB Appeal Decision states that US actions are declared" temporarily correct "because even though included in the exclusion of article XX GATT, but does not meet procedural requirements, so that proposals for improving the rules are stipulated so that they can be justified, so that the rules can be enforced by the US and no longer considered as acts of arbitrary discrimination. Keywords: Settlement, International Trade, Shrimp Imports
PENETAPAN STANDARDISASI HARGA OLEH ASOSIASI PELAKU USAHA (TRADE ASSOCIATION) DALAM PERSPEKTIF HUKUM PERSAINGAN USAHA DI INDONESIA Asi Islami, Trinah
Irtifaq Vol 6 No 2 (2019): September
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v6i2.625

Abstract

The business associations set the standardization of prices of goods or services as a guide that must be obeyed by all members.. The existence of associations of business actors is often used as a container by business actors to cover up all their actions which incidentally indicates that monopolistic practices and unfair business competition are indicated. Basically, Law Number 5 Year 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition (hereinafter referred to as the Business Competition Law) has not explicitly and specifically regulated related sanctions for business associations of monopolistic practices and unfair business competition. The existence of the standardization of prices made and formed by the head of the association of business actors is a gap for business actors who are veiled in monopolistic practices and unfair business competition as prohibited by statutory regulations. Proof related to the determination of price standardization must be assessed using the per se illegal approach and the rule of reason and economic approach to find out whether there is an agreement on pricing and cartels or not. Keywords: Determination of Price Standardization, Cartel, Per se Illegal and Rule of Reason
PERKEMBANGAN PEMIKIRAN FIQH IMAM SYAFI’I DALAM QAWL QADĪM DAN QAWL JADĪD: Vol 06 Nomer 02 September 2019 Rohman, Fathur
Irtifaq Vol 6 No 2 (2019): September
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v6i2.626

Abstract

This article discusses the development of Imam Syafi’i Fiqh in the Qawl Qadīm and Qawl Jadīd. It is known that the basic thoughts of Imam Shafi'i are Al-Qur'an, Al-Sunnah, Ijma’, and Qiyas which are the main assets for him to be able to develop his fiqh thinking as can be understood as Qawl Qadīm and Qawl Jadīd. These two things for Imam Syafi’i are proof that fiqh law will very likely experience changes in accordance with the social, political, geographical, scientific, cultural, and scientific depth of a person who recites that fiqh law which is usually strongly influenced by background in the scientific field. which he fielded. Keywords: Fiqh Thought, Qawl Qadīm and Qawl Jadīd
KEHARAMAN PERNIKAHAN SEDARAH (INCEST) DITINJAU DARI HUKUM ISLAM: Vol 06 Nomer 02 September 2019 Aziz, Abdul; Rahim, Mif; Chamim, M
Irtifaq Vol 6 No 2 (2019): September
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v6i2.627

Abstract

This article discusses the prohibition of incest in terms of Islamic law. With a literature study, researchers explore various aspects related to incest in terms of the influence of blood marriage on bloodline descent and blood marriage according to Islamic law. The author examines library resources to answer the problem. With descriptive methods, data analysis by reviewing and linking the data obtained in order to get clarity on the problems discussed both deductively and inductively. Results from this study: one, marriages performed between families tend to produce abnormal offspring more often than non-family marriages. A person who has blood relations will be more likely to give the same genes compared to people who are not related by blood, second, in the meantime, marriage between close relatives can weaken the offspring and marry them is clearly prohibited. But illat (reason) is not clearly stated in the text. Illat (reason) is only obtained from istinbath, ijtihad / mind, or mere estimation. Every thing that is forbidden by Allah there must be wisdom and benefits Keywords: Forbidden, Blood Marriage, Islamic Law
TINJAUAN ETIKA BISNIS SYARI’AH TERHADAP PRAKTEK OLIGOPOLI PADA PELAKU USAHA PAKAIAN DI PASAR KAWASAN WISATA RELIGI MAKAM GUS DUR JOMBANG: Vol 06 Nomer 02 September 2019 Azizah, Ninik; Syaiin; Fitria, Norma
Irtifaq Vol 6 No 2 (2019): September
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v6i2.628

Abstract

This article aims to find out and describe the views of shari’ah business ethics on the practice of oligopoly in clothing businesses in the Gus Dur Jombang tomb religious tourism market. With a qualitative approach to the type of field research, data from observations, interviews and documentation are analyzed deductively by taking theory or rules of shari'ah business ethics related to oligopoly, then the theory is drawn to the facts or facts of the case in the field. The results showed that the practice of oligopoly in the clothing business in the market of Gus Dur Jombang's tomb religious tourism area was seen as violating Shari'ah's business ethics. There are two categories of business actors with oligopolistic practices, both of which have the same goal, namely to seek maximum profits by harming and killing potential and reducing business results to control market share without the fulfillment of fair and balanced aspects. The obstacle faced by the management in the Market Management of Gus Dur Jombang tomb religious tourism area is not having the authority to manage the market located in the second zone (Dsn Seblak, Tebuireng and Kwaron) and the third zone (pondok Tebuireng). So that the management of the UPTD can not do anything except manage at the point of zone one. Keywords: Shari’ah Business Ethics, Oligopoly, Business Actor

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