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Erie Hariyanto
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Al-Ihkam: Jurnal Hukum dan Pranata Sosial
Published by Institut Agama Islam Negeri Madura
ISSN : 1907591X     EISSN : 24423084     DOI : https://doi.org/10.19105/al-lhkam.v15i2.2734
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Al-Ihkam: Jurnal Hukum dan Pranata Sosial Al-Ihkam: Jurnal Hukum dan Pranata Sosial is a high-quality open- access peer-reviewed research journal published by the Faculty of Sharia, Institut Agama Islam Negeri Madura, Pamekasan, East Java, Indonesia. The focus is to provide readers with a better understanding of Islamic Jurisprudence and Law concerning plurality and living values in Indonesian and Southeast Asian society by publishing articles and research reports. Al-Ihkam specializes in Islamic Jurisprudence and Indonesian and Southeast Asian Islamic Law and aims to communicate original research and relevant current issues. This journal warmly welcomes contributions from scholars of related disciplines. It aims primarily to facilitate scholarly and professional discussion over current developments on Islamic Jurisprudence and Law concerning Indonesian and Southeast Asian plurality and living values. Publishing articles exclusively in English or Arabic since 2018, the journal seeks to expand boundaries of Indonesian Islamic Law discourses to access broader English or Arabic speaking contributors and readers worldwide. Hence, it welcomes contributions from international legal scholars, professionals, representatives of the courts, executive authorities, researchers, and students. Al-Ihkam basically contains topics concerning Jurisprudence and Indonesian and Southeast Asian Islamic Law society. Novelty and recency of issues, however, are the priority in publishing. The range of contents covers established Jurisprudence, Indonesian and Southeast Asian Islamic Law society, local culture, to various approaches on legal studies such as comparative Islamic law, political Islamic Law, and sociology of Islamic law and the likes.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 7 Documents
 1 
Search results for , issue "Vol. 3 No. 2 (2008)" : 7 Documents clear
PENCARIAN DANA MASJID DI JALAN RAYA DALAM PERSPEKTIF HUKUM ISLÂM Moch Cholid Wardi
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 3 No. 2 (2008)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v3i2.2602

Abstract

This article aims to describe the activity of street organizing donation (an activity of organizing a donation done on the street or highway) from Islamic law perspective. This activity arises a contradiction, there has been a side support it but another side that reject it. They argue to each other to defend their own opinion. As a result, an Islamic law perspective looks urgent to ensure whether that activity is legal. The Islamic law enforcement against the argue must regard some basic grounds including geographic, social-cultural, economic motives as well as certain vertical ones. Moreover, it has to anticipate its impact on Islamic society generally and the priority of advantages better than its mafsadat. In fact, street organizing donation could come up madlarah as  it looks the act of begging that is forbidden in Islam, universally  decrease Muslims dignity, unclear law of share on the money gained. Last but not least, the concept of mosque building is not categorized dlarûrah. 
MULTI LEVEL MARKETING (MLM) CNI DALAM PERSPEKTIF HUKUM ISLÂM Abd. Wahed
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 3 No. 2 (2008)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v3i2.2603

Abstract

The current development of business affair demands the Muslim thinkers to purpose a respond about how it should be from the view of Islamic economy. Commercial business with the leveling method which is known as Multi Level Marketing (MLM) like CNI appears elements of bay’, an Islamic economic system of buy and sell. However, a further study , using  Islamic law establishment method, proves that there are obvious distinctions between the system of multi level marketing and Islamic economic system. This effects the differentiation of both systems in the perspective of Islamic law. Through the method of al-mashlahah , it is proved that Multi Level Marketing is greater in terms of its mafsadah than its usefulness. This argument leads to a conclusion that multi level marketing is considered illegal or haram.
DEKADENSI MORAL PEBISNIS Sakinah Sakinah
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 3 No. 2 (2008)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v3i2.2604

Abstract

Business realm is a field that promise the doer a large profit. Even so, it is commonly recognized that most of business  persons commit the dishonest and unfair actions. They are even careless of norm-ethic and business regulation to gain an utmost profit but provide smallest amount capital. This secular concept emerges counterfeit or fake such as unauthorized copying, reproduction, hiring, lending etc. The act of fake could be indentified in the following cases, counterfeiting cosmetic products, medical-traditional herbs mixing with white cement, illegal expiring food, gelatinized milk. These gives negative impact to the costumers economically and healthily.  Then, this article is about to discuss the moral decadence of business person, Islamic view on business, business ethic, the essence of illegal transaction in order to avoid a prohibited syara’. It includes al-akl bi al-bâthil, ribâ, gharar , al-Quran terminologies, to explain an illegal business that it is an action ofstripping anyone else’s rights by consuming an authorized (haram)things.
PROSPEK BISNIS WEALTH MANAGEMENT BERBASIS SYARÎ’AH Sri Handayani
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 3 No. 2 (2008)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v3i2.2605

Abstract

At the moment the growth of HNWI (High Net Worth Individual) is significantly developed. HNWI is a group of rich people having no idea in managing the properties. As a matter of course, this becomes a new prospective field on wealth management business for banking. In fact, banks dominate money market mainly in Indonesia. in accordance to this issue, this article tries to portray  the following subject matters---the importance wealth management as a service product for banks customers, the factors supporting the wealth management business in Indonesia, the criteria and characteristics of HNWI, the requirements of Islamic economic principles in applying wealth management syarî’ah base, and the challenge of organizing wealth management syarî’ah -base. From public view, the existence of wealth management syarî’ah base remains significant therefore it has a huge prospect considering the decrease of loan rate. It accelerates public to invent an alternate way instead of saving. On the other hand, there is a challenge of professional profit-share, unavailability of large amount of fresh money from investor, the minimum number of people understanding the proper syarî’ah finance management, and the existence of false assumption among publics that the current syarî’ah finance system has been only symbols interchange from conventional system to Islamic ones.
MORAL HAZARD DAN AGENCY COST (Pencederaan Kontrak Bisnis dalam Perspektif Ekonomi Syarî’ah) wadhan wadhan
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 3 No. 2 (2008)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v3i2.2606

Abstract

A contract for business organization or production process may generally involve Principal- agent problems due to information asymetry. Islâmic business contracts has manifold avenues and modalities to be implemented as according to the suitability of time, place and environment.The essential benefits of the Islâmic business contracts is to ensure the benefit of the both partners in the contract. Since the contract for business organization or production process embodies some sort of problems like principal- agent problem due to information asymetry and moral hazard, this also be easily minimised in an Islâmic contract. Therefore, it may  be said that if in an Islâmic economy, Islâmic firm implements  the business contract  as designed and approved by the shariah, then principal- agent problem will be minimised and society  will be more benefited from the welfare motive of the producer and other market agents.
PENEGAKAN HUKUM TERHADAP PELAKU USAHA KEGIATAN-KEGIATAN YANG DILARANG Eka Susylawati
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 3 No. 2 (2008)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v3i2.2607

Abstract

The Law Number 5 of 19991 abaut Monopoly practice and unfair bussines competition is one legal refor claims. It is hoped to be able to regulate a good bussines to build a fair competition. Beside “forbidden commitments” form, the law also regulate “forbidden activities”. The kinds of  forbidden activities are monopoly, monopsony, marketing segment control and conspiracy. In practice, the law enforcement cannot go smoothly because of multi interpretation definition of forbidden activities and bussiness competition control commission (KPPU). KPPU can only give administrative sanction. While the penal, civil law and appeal effort should be through the court. The other problem is related to the small number of KPPU members when compared to the number of bussinesses that must be controlled and spead through out Indonesia.
KEDUDUKAN DAN PERAN ADVOKAT DALAM PROSES PENYELESAIAN PERKARA PIDANA Achmad Rifai
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 3 No. 2 (2008)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v3i2.2608

Abstract

The position of advocates (lawyers) as a law advisors in any process of investigation must be central, in terms of that they must place themselves as the representatives of the suspect to get the an appropriate rights. It is mistaken that an advocate acts from the side of attorney as general prosecutor.  In the course of law enforcement, it has been fairly set up either the roles of attorney representing the victim or the demanded person, the suspect. During the process of investigation, the investigator (attorney or police officer) is standing for the victim, nevertheless the suspects are represented by an advocate as their law advisor. In the level of prosecution, the victim must be put up with an attorney as the general prosecutor; the advocate, as the law advisor, represents the suspect. 

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