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Lina Kushidayati
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Tawazun: Journal of Sharia Economic Law
Published by Universitas Islam Negeri Sunan Kudus
ISSN : 26559021     EISSN : 26559579     DOI : http://dx.doi.org/10.21043/tawazun
Core Subject :
Tawazun: Journal of Sharia Economic Law is a double-blind peer-reviewed journal published by Sharia Economic Law Department, Sharia Faculty, State Islamic Institute of Kudus, Kudus, Indonesia Focus Tawazun: Journal of Sharia Economic Law emphasizes the study of Sharia Economic Law and Islamic law in Islamic countries in general and specifically in Indonesia by emphasizing the theory of Sharia Economic Law and Islamic law and its practice in the Islamic world that developed in attendance through publications of articles and book reviews. Scope Tawazun: Journal of Sharia Economic Law specializes in studying the theory and practice of Sharia Economic Law and Islamic law in Islamic countries and is intended to express original researches and current issues. This journal welcomes the contributions of scholars from related fields warmly that consider the following general topics; Sharia economic law Sharia business law Sharia management law Sharia banking law Law of sharia financial institutions Non-bank financial industry law Law Sharia economics Islamic law
Arjuna Subject : -
Articles 126 Documents
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Urgency Pre-Merger Notification System in Indonesia Perspective Maqashid Sharia: Comparative Indonesia and South Korea Kusnadi, Egi Hadi; Su'udi, Muhammad Arif
TAWAZUN: Journal of Sharia Economic Law Vol 8, No 1 (2025): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v8i1.30797

Abstract

Merger is an economic activity carried out by business actors with the aim of developing their business. Companies that conduct mergers can become dominant business actors (dominant markets) so that they have the potential to abuse their dominant position. This study examines the mechanism and assessment of merger notifications in Indonesia and South Korea. The research method used is normative research using a comparative approach, a legal and regulatory approach, and a Maqashid Sharia approach. The results of the study show that South Korea uses the Pre-Merger Notification System, while Indonesia uses the Post-Merger Notification System and voluntary notifications. The Pre-Merger Notification System is considered more effective in resolving the adverse impact of the merger implementation, which in this case is an abuse of the dominant position. From the perspective of Maqashid Syariah, the implementation of the Pre-merger Notification provides many benefits for business actors because it can provide certainty and certainty. The theory of maqashid Sharia aims to realize fame and avoid evil. Based on this, changes are needed regarding the merger notification system in Indonesia so that the policies made can provide benefits for business actors and provide a positive impact on consumers.
Tinjauan Kelembagaan Dewan Pengawas Syariah dari Aspek Nomenklatur, Kedudukan di Lembaga Perbankan dan Remunerasi Aziz, Abdul
TAWAZUN: Journal of Sharia Economic Law Vol 4, No 1 (2021): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v4i1.8736

Abstract

DPS is a key institution that ensures the operational activities of sharia financial institutions are in accordance with sharia principles. In order to streamline the implementation of DPS duties, efforts are needed to increase knowledge of banking operations, as well as the intensity of its involvement in outreach programs for local residents. In practice, there are still many problems that cause the supervisory aspect not to be optimal as expected. This is caused by several factors, both internal and external. This study aims to determine the institutional review of DPS in terms of nomenclature, position in banking institutions and remuneration. The research method used in this research is literature review sourced from books, articles, internet and opinions of experts in accordance with the discussion. In according to the nomenclature, DPS in Indonesia would be more appropriate to use the term Sharia Advisory Board instead of the Sharia Supervisory Board. Meanwhile, in terms of position in banking institutions, DPS should only be allowed to serve in one financial institution so as not to create a conflict of interest between one financial institution and another. Whereas in terms of remuneration, it should be that which determines and provides remuneration to DPS is the association of sharia financial institutions such as the Association of Indonesian Sharia Banks (ASBISINDO), the Association of All Indonesian BMTs (ABSINDO), and others so as not to cause objectivity in implementation of duties because it will inevitably be biased in making decisions.
Analisis Crowdfunding Syariah Berdasarkan Prinsip Sharia Compliance pada Produk Perbankan Syariah Makraja, Fahmi
TAWAZUN: Journal of Sharia Economic Law Vol 6, No 2 (2023): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v6i2.18278

Abstract

The presence of Financial Technology is a concrete manifestation of economic development in the digital era. One form of fintech development is the emergence of crowdfunding  which is accessed via an internet network connection. The purpose of this research is to find out the implementation of the sharia crowdfunding method from the point of view of sharia compliance in Indonesia. The method used in this study is qualitative by using an empirical juridical approach. The results of this study conclude that the application of the sharia crowdfunding method to real sector economic transactions is in accordance with sharia principles, meaning that the sharia crowdfunding  method is permissible according to Islamic law. The interrelated parties in this crowdfunding  are the organizers, initiators and investors or donors as well as the Sharia Supervisory Board as the supervisory institution for the implementation of sharia crowdfunding. The application of crowdfunding  in the development of Islamic banking products must be in accordance with sharia principles, namely avoiding the elements of magrib (maisir, gharar and usury). The development of crowdfunding -based fintech has grown rapidly in Indonesia so that special regulations are needed to regulate this so that unwanted things do not occur.
Tindak Pidana Kejahatan Pencucian Uang (Money Laundering) dalam Pandangan KUHP dan Hukum Pidana Islam Geno, Ali
TAWAZUN: Journal of Sharia Economic Law Vol 2, No 1 (2019): TAWAZUN : Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v2i1.5223

Abstract

Money Laundering is an attempt to hide or disguise the origin of money or assets resulting from a criminal act through various financial transactions so that the money or assets appear as if they came from legal activities. There are three stages taken to " purification" the proceeds of crime in laundring money. First, the money generated from a crime activity is changed into a form that does not or does not arouse suspicion through placement in the financial system in various ways (placement). The second step is to conduct financial transactions that are complex, layered and anonymous with the aim of separating the proceeds of crime from various sources so that it is difficult to trace the origin of the fund which in other words hides or disguises the origin of the proceeds of crime (layering). The last step is the stage where the actor re-enters funds that have escaped their origins into Assets that appear legitimate both to be enjoyed directly, invested in various forms of material and financial assets, used to finance legitimate business activities or to refinance activities criminal act (integration).
P2P Lending Fintech Default: A Comparative Analysis from the Perspective of Islamic Economic Law in Indonesia and Malaysia Ramadhan, Muhammad Syahri
TAWAZUN: Journal of Sharia Economic Law Vol 8, No 2 (2025): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v8i2.35253

Abstract

This paper examines in depth the dynamics of default in the Peer-to-Peer (P2P) Lending fintech industry in Indonesia and Malaysia, with a review from the perspective of Islamic Economic Law. Fintech has become a crucial tool for financial inclusion, but it also increases default risk, especially among young people. The research used is normative legal research with a comparative approach. This study describes how the two countries respond to these challenges through the harmonization of positive law and Sharia principles. Key findings show a glaring regulatory gap between the two countries. In Indonesia, legal protection for the parties remains weak because the DSN-MUI fatwa has not been fully integrated into binding positive law, and there is no efficient dispute-resolution mechanism. The phenomenon often leads to unethical billing practices and privacy violations, which are contrary to the principles of maslahah and muamalah ethics. In contrast, Malaysia features a more mature ecosystem, with strict personal data protection under the Personal Data Protection Act (PDPA) and effective financial dispute mediation institutions. Within the framework of sharia, this study highlights the relevance of the principle of justice as enshrined in QS. Al-Baqarah: 282. The study concludes that to mitigate the impact of defaults and ensure profitability, Indonesia needs to reform its regulations by adopting aspects of Malaysia’s fintech laws, enforcing digital ethics, and providing cheap, fast online dispute resolution to balance rights between creditors and debtors.
Implementasi Qa’idah Fiqhiyyah dalam Screening Saham Syariah pada Bursa Efek Syariah Indonesia Sa'adah, Siti Zumrotus
TAWAZUN: Journal of Sharia Economic Law Vol 5, No 1 (2022): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v5i1.13694

Abstract

The Indonesian Ulema Council in Fatwa DSN No. 40/DSN-MUI/X/2003 has issued a fatwa on the idolatry of sharia stocks. But in the fatwa MUI only provides an explanation of the criteria for the type of effect that can be categorized as a sharia effect and what transactions should not be done in stocks globally without explaining the concept of reference fiqh in the screening process of sharia shares. This research wants to uncover the facts of fiqh buried in the classical books. This research aims to find out the concept of fiqh which is a reference for the establishment of Islamic law in the process of screening sharia shares, and how to use the concept of fiqh in determining the criteria for screening sharia stocks. This research uses qualitative methods, taking primary data from the DSN-MUI fatwa document and OJK regulations, then linking these theories to the concept of fiqh used by classical scholars in determining Islamic sharia law This study concluded that the criteria for shari'a stocks on the Indonesia Stock Exchange refer to fiqh concepts including the concepts of "ghalabah al-dzann", "ikhthiyath", "lil aktsar hukmal kulli", as well as other derivative concepts.
Strategi Pemasaran Pembiayaan Arrum Haji Dalam Meningkatakan Jumlah Nasabah di Unit Pegadaian Syariah (UPS) Cirebon Bisnis Center Fajrin, Oktavia; Muamar, Afif
TAWAZUN: Journal of Sharia Economic Law Vol 2, No 2 (2019): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v2i2.6095

Abstract

Hajj Financing for Micro Business (Arrum) Hajj in Pegadaian Syariah is relatively new, because this product was only launched in 2016. For this new product an introduction is needed to be able to attract the interest of the community. Therefore, this study aims to determine marketing strategies, the mechanism of Arrum Hajj financing registration, and to determine customer responses to Arrum Hajj products at the Pegadaian Syariah Cirebon Business Center. This study used a qualitative method with a descriptive analytical approach, and this research resulted in a marketing strategy conducted by the CBC Sharia Pawnshop Unit using a 4p strategy, namely Product, Price, Place, and Promotion. The results of this study found that the price and place strategy had been determined by the head office and the Pegaadian Sharia branch office. While the product strategy has been going very well, by providing services and comfort, as well as promotion strategies carried out by sharia pawnshops are quite diverse such as holding seminars, socialization, cross selling techniques and so on. Hajj arrum registration mechanism is in accordance with existing procedures. And the response given by Arrum Hajj financing customers is very good, because with the availability of Arrum Hajj products can ease the burden on customers and can quickly get a portion of Hajj.
Mediation Role in Solving Sharia Economic Dispute as Civilization Toward Ethical Value of Islam santoso, santoso
TAWAZUN: Journal of Sharia Economic Law Vol 5, No 2 (2022): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v5i2.14398

Abstract

The aim of this study is to explain the role of mediation in solving sharia economy dispute as civilization toward ethical value of Islam. That it has been practiced since Rasulullah SAW era was through many ways such as shulh, tahkim, and qadha. This study uses qualitative method and data collection is got from observation, direct interview to justice, attorney, lawyer, mediator, and the disputants. Based on the result of the study above is known that the role of mediation in solving sharia economy dispute as civilization toward ethical value of Islam is important and needs to be optimalized. According to Rasulullah SAW teaching, in fact, in a practice, there is failure of mediation in solving sharia economy dispute because the disputants feel that they are right and want to win finally by litigation way with consent or default judgment. Otherwise, mediation practice gives benefits for the disputants and based on Indonesian culture and civilization because solving dispute through mediation can be solved fast, correctly, and cheaply, thus it does not take much energy, time, and thought. In a result,  it can keep privacy, beneficial for parties, and harmless with the result made by parties themselves, that is “win-win solution”. In ethical value of Islam in solving sharia economic dispute, firstly, by al-shulh (peace). Peace in islam is recommended because if there is peace among disputants, they will avoid from hostility. If it does not work, it can be passed by al-tahkim (arbitration) and if it gets stuck, Islam teaches us by al-qadha (Court Process).
Top Up of Ongoing Murabahah Financing for Customers of Astra Credit Companies (ACC) Banda Aceh from The Perspective of Sharia Economic Law Eriyanti, Nahara
TAWAZUN: Journal of Sharia Economic Law Vol 7, No 2 (2024): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v7i2.29779

Abstract

Astra Credit Companies (ACC) in Banda Aceh provides an ongoing top up service for murabahah financing, which is an increase in the value of financing. There are allegations that the ACC top up service system raises the practice of loan interest in the form of usury. So the problem studied in this research is how the Sharia Economic Law review of the top up customer eligibility assessment system? This research was conducted with a conceptual approach, with the type of normative juridical research. Research data comes from the field and literature, namely through interviews, documentation studies, library materials. The result of the research is that the assessment and eligibility system for top up customers in murabahah financing products that are still ongoing at ACC Banda Aceh is carried out by assessing the customer's profile on the one hand and the number of customer instalments on the other. The aspects assessed are the positive customer profile of the customer smoothly paying, the number of principal debt instalments approaching repayment. According to the perspective of Sharia Economic Law, the assessment system and the eligibility of top up customers in murabahah financing products that are still ongoing at Astra ACC Banda Aceh so far have not fully fulfilled sharia principles. The problem that arises is the use and realisation of the contract in the top up service appears to use a debt and credit contract with interest which is considered usury. Therefore, ACC companies should avoid the practice of interest.
Dimensi Ekonomi Produktif dalam Regulasi Wakaf di Indonesia Hadi, Solikhul
TAWAZUN: Journal of Sharia Economic Law Vol 3, No 2 (2020): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v3i2.7887

Abstract

Waqf is a form of worship in Islam which has productive economic value. And Law no. 41 of 2004 concerning Waqf has opportunities for economic development for the benefit of social welfare. For this reason, it is necessary to have a study that analyzes the Waqf Law from a productive economy perspective. In this study, using content analysis method, which is an in-depth discussion of the content of written or printed information. In this case Law No.41 of 2014 concerning Waqf seeks to be coherent with productive economic theory. And the theory used as an analysis tool is the productive economic theory of Qutub Abdul Salam, in terms of the dimensions of productive economic goals and the main factors needed. Thus, this research actually aims to find the coherence of the articles in the Waqf Law with the Productive Economic Theory developed by Qutub Abdul Salam. From the results of data collection and analysis, it can be concluded that the Waqf Law is kohern with productive economic theory. The purpose of productive economic activities is to increase the benefit that can be realized in various forms, including: Meeting human needs at a moderate level, finding community needs and their fulfillment, providing supplies of goods / services in the future and fulfilling the means for social activities and worship of Allah. Among the articles in the Waqf Law which are coherent with productive economic objectives is article 5 of the Waqf Law, which explains that waqf functions to realize the economic potential and benefits of waqf assets for the benefit of worship and to promote public welfare. In productive economic theory, the productivity factors of a business include four things: natural resources, managers / workers, skills and capital. The natural resource factor as one of the factors in the development of the productive economy is coherent with the Waqf Law, namely waqf objects in the form of land, buildings or other immovable objects. The productivity factor in the form of managers or workers managing and carrying out waqf assets is nazir which includes; individual, organization, or legal entity. Skill is a very important productivity factor in managing waqf assets. Nazir as the manager of the waqf will receive guidance from the Minister of Religion and the Indonesian Waqf Board (BWI) both in terms of skills and managerial. And the capital factor in the context of the management of waqf assets is the object of waqf. In the Law on Waqf the objects of waqf include movable and immovable objects. With the issuance of the Waqf Law No. 41 of 2014, immovable objects have become important assets in the development of productive waqf. Movable property that cannot be used up due to consumption includes: money, precious metals, securities, vehicles, intellectual property rights, lease rights and other movable objects in accordance with the provisions of sharia and applicable laws and regulations.

Page 5 of 13 | Total Record : 126

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