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Articles 10 Documents
Search results for , issue "Vol 8, No 2 (2023)" : 10 Documents clear
COOPERATIVE MEMBER SAVINGS GUARANTEE AS A FORM OF LEGAL PROTECTION IN THE MAṢLAḤAH PERSPECTIVE Mursid, Fadillah; Atoillah, Mohamad Anton; Nurhisam, Luqman
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 8, No 2 (2023)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i2.14193

Abstract

AbstractThis research discusses the guarantee of cooperative member deposits. This research has a background that in recent times, there have been many cases of problematic cooperatives in Indonesia, with material losses of members reaching trillions. This research study examines how the guarantee of cooperative members' deposits is a form of legal protection from Maṣlaḥah 's perspective. The research method used is qualitative, normative research with analytical descriptive specifications; the legal materials used are primary legal materials (related legal rules) and secondary (various literature and research results. The results of this study indicate that currently, in Indonesia, no regulation provides explicitly a legal basis for the certainty of guaranteeing deposits of cooperative members. So, for the benefit of the government, laws related to deposit guarantees for cooperatives must be issued as a form of legal protection through the fulfilment of citizens' rights. One of the guarantee models that can be used is an explicit guarantee model with restrictions on the guarantee amount. Keywords: Savings Guarantee; Cooperative; Maṣlaḥah.
POSITION OF THE QUR’AN MEMORY AS A PRICE PAYMENT MEDIA IN BUY AND SELL Nurjaman, Muhamad Izazi; Al-Hakim, Sofian; Naafisah, Didah Durrotun; Witro, Doli
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 8, No 2 (2023)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i2.13411

Abstract

AbstractThis research intends to describe a theme regarding the view of sharia economic law on the media of payment for buying and selling prices using the memorization of the Al-Qur’an. Using descriptive research (case study) through the method of collecting information in the form of interviews and documentation. This research found the fact that the view of sharia economic law equates or qiyas between the media of paying prices using the memorization of the Al-Qur’an with the dowry in the marriage contract. Giving a dowry is allowed to memorize the Al-Qur’an with the provision that it is mandatory to teach the Qur’an, as well as the practice of buying and selling. So that there is a wage in the form of benefits. Meanwhile, benefits include assets. So between the dowry and the price of both is something that has qimah madiyyah (property value). Indirectly, the buyer pays the price using the ujrah of the teaching. So that the harmony of buying and selling has been fulfilled properly and non-material benefits will lead to a business concept full of blessings.Keywords: Buy and Sell; Price; Wedding; Dowry; Memorizing Al-Quran.
SHARIA FINANCIAL LITERACY AND INCLUSION: OPPORTUNITIES AND CHALLENGES Pradini, Anez Yuniar; Faozan, Akhmad
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 8, No 2 (2023)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i2.15406

Abstract

AbstractFinancial literacy and inclusion are indicators of a country's economic growth. If a country's level of financial literacy and inclusion is high, then the country can be said to be a developed country. This research aims to identify opportunities and challenges in efforts to increase the sharia financial literacy and inclusion index. This research uses the Systematic Literature Review (LSR) method with a descriptive approach. The results of this research show that the opportunities for financial literacy and inclusion include; Indonesia's demographic conditions which are dominated by Generation Z and millennials, the 2024 National Digital Transformation Program, high levels of education, the popularity of financial products and services, numerous and widespread sources of information (the presence of finfluencers), increased GDP per capita. Meanwhile, the challenges faced include; the increasing number and complexity of financial products and services, the threat of cyber crime, global economic conditions, the diversity of Indonesia's demographics, and the vastness of Indonesia's territory.Keyword: Financial literacy; Financial Inclussion; Opportunity; Challenge. 
ANALYSIS OF JUDGE'S DECISION ON AKAD MURABAHAH TORT CASE IN RELIGIOUS COURT Alam, Azhar; Nurrahman, Aditya; Hamidah, Raisa Aribatul
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 8, No 2 (2023)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i2.11269

Abstract

AbstractThe Religious Courts currently handle Sharia economic cases. One of the cases that dominates sharia financial matters is the default on the Murabaha Agreement. This study aims to determine the basic considerations of Klaten Religious Court judges in resolving Sharia economic cases in Murabaha contracts. This research also tries to test whether decisions in deciding patients fulfill the principles of justice. This research is field research with a normative juridical approach. Religious Court data was collected through interviews and documentation in religious courts. This study shows the legal sources of the two cases studied using draft law sources - the Civil Code (KUHPerdata) and Article 181 HIR. This research also reveals that the judge's conclusion was based on procedural law, applicable rules and regulations, and party benefits. This study suggests that disputing parties should be more careful in preparing materials for religious court cases to achieve the expected results.Keywords: Justice; Legal Considerations; Murabaha; Judgment of the Court.
MODEL OF STRENGTHENING HUMAN CAPITAL IN CREATIVE ECONOMIC DEVELOPMENT THROUGH THE ROLE OF HIGHER EDUCATION Bakhri, Syaeful; Layaman, Layaman
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 8, No 2 (2023)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i2.15044

Abstract

AbstractThe creative economy has become a strategic issue in the era of Industrial Revolution 4.0 to compete in the face of international competition. Universities are expected to be able to develop society in the economic, social, cultural, and technological fields. This research aims to build diverse scientific references on current developments. Apart from that, this research focuses on strengthening human resources in developing the creative economy through the role of universities. This research uses a strategy mix method, combining quantitative and qualitative techniques. The regression analysis results show that the curriculum content has a significance value of 0.002, and the calculated t-value is 3.184, meaning that the curriculum content significantly affects resources. The significance value of resources is 0.000, and the t value is 4.458, meaning that resources significantly affect the creative economy. The coefficient of determination value is 0.173, meaning that the regression line equation explains 17% of variations in curriculum and resources that can influence the development of the creative economy in Cirebon Regency.Keywords: Human Capital; Creative Economy; Higher Education.
MASLAHAH MURSALAH REVIEW OF ONLINE ZAKAT PRACTICES IN BAZNAS MALANG CITY Praja, Anggit Wasesa; Bahrudin, Erfan; Harun, Ilham
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 8, No 2 (2023)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i2.10371

Abstract

AbstractThe practice of zakat online is the answer to technological developments. The benefit is that it can help the community be easier to pay zakat by being distributed indirectly, the practice of zakat online does not as smoothly as expected there are concerns in the community about pros and cons, especially in online zakat payment methods. The purpose of this study is to find out the practice of online zakat in the National Amil Zakat Agency (BAZNAS) of Malang City and find out how the practice of zakat online from the review of maṣlaḥah mursalah. This research is a type of qualitative research using a normative approach. Data collection was used with literature studies and documentation. Based on the results of the study, it can be concluded that the practice of zakat online when viewed from the perspective of maṣlaḥah mursalah then it is classified at the level of maṣlaḥah hajjiyah (secondary needs) which is benefit as a refinement of primary needs that can facilitate can make it easier in muamalah relationships.Keywords: Online zakat; Akad; Maṣlaḥah Mursalah.
THE INFLUENCE OF INFRASTRUCTURE ON INEQUALITY OF INCOME DISTRIBUTION IN EASTERN INDONESIA Laraibaphy, Albani Elha; Ahmad, Abdul Aziz; Suharno, Suharno
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 8, No 2 (2023)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i2.8843

Abstract

AbstractThis quantitative research was on income inequality and infrastructure in Eastern Indonesia. This study investigates the impact of road, electricity, water, telecommunication, housing, education, and health infrastructure on income inequality from 2012 to 2018. Using panel data from 16 Eastern Indonesia provinces with 96 observations, this study combines cross-sectional data from 16 Eastern Indonesia provinces and six years of time-series data (2012, 2013, 2014, 2015, 2017, 2018). The results from the Fixed Effect Model by Panel Data indicate that (1) Road, electricity, water, housing, education, and health infrastructure were not significantly correlated with income inequality, and (2) Telecommunication infrastructure harmed income inequality. The implication is that in achieving a more just income distribution, the government should reexamine the distribution of infrastructure projects, i.e., road, electricity, water, housing, education, and health, that are being built. This can be done by focusing the projects on less developed areas.Keywords: Income Inequality; Infrastructure; Eastern Indonesia.
THE ROLE OF SHARIA FINANCIAL SERVICES IN REDUCING THE RATE OF MIGRANT LABOR Setiawan, Edy; Busthomi, Achmad Otong
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 8, No 2 (2023)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i2.15318

Abstract

Abstract This article confirms that Islamic financial services initiate and carry out local economic empowerment in the regions. The study will be carried out in areas that have so far been considered to be major suppliers of Indonesian Migrant Workers (TKI) abroad. One of them is looking at the role of Islamic financial services in the form of the treasury of Money and Finance (BMT) and Sharia cooperatives, which are currently emerging in the community. The role of Islamic financial services in several regions was able to restrain the flow of migration abroad. The method developed is to provide various forms of financial services as business capital.Keywords: Migrant Workers; Sharia Financial Institutions; Sharia Financial Services.
SOLVING CYBER CRIME IN ONLINE BUYING AND SELLING IN CIREBON CITY IN REVIEW OF ITE LAW AND ISLAMIC LAW Sukardi, Didi; Nugraha, Farha Bayu; Ubaidillah, Ubaidillah; Fatakh, Abdul; Leliya, Leliya; Arrizky, Muhammad Fadel
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 8, No 2 (2023)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i2.15349

Abstract

AbstractIn the cybercrime crime of online buying and selling fraud, there is a case, one of which occurred in Cirebon City, so the police must solve the online buying and selling fraud cybercrime case. However, in practice, the police experienced several obstacles in its resolution. The method in this study is descriptive qualitative research with a case study approach. The data collection techniques carried out are observation, interviews and documentation. From the results of this study, it is known that the police from the Cirebon City Police, in handling criminal cases of online buying and selling fraud, carried out an investigation process by investigators. The investigation is carried out by checking the accounts of the perpetrators of online buying and selling scams to find evidence and track down the perpetrators. However, the police experienced several obstacles, from the limited special tools in uncovering criminal acts of online buying and selling fraud to the difficulty of finding evidence and tracking the perpetrators. Hence, the Cirebon City Police became less effective in solving online buying and selling fraud crimes.Keywords: Cybercrime; Scams; E-commerce.
CERTIFICATION AND SUPERVISION OF SHARIA CONFORMITY NATIONAL SHARIA COUNCIL INDONESIAN ULAMA COUNCIL (DSN-MUI) ON SHARIA PROPERTY Jamaludin, Mohammad
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 8, No 2 (2023)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i2.13032

Abstract

AbstractThe usage of shariah labels in business activity, especially the property business, causes problems in some cities. This research was carried out to study the arrangement of certification law and the monitoring of shariah compliance in shariah property and the effort of DSN-MUI, The Representative of East Java Province, in certifying and monitoring shariah compliance in shariah property with a juridical empirical approach. The results of this research showed that the arrangement of certification law and monitoring of Shariah compliance in Shariah property is regulated in The Law of Limited Liability Company, The Law of Shariah Banking, and The Law of DSN-MUI Regulation. The effort done by DSN-MUI, The Representative of East Java Province, in certifying and monitoring the Shariah compliance in Shariah property was by explaining the principles of Shariah property normatively, recommending the discussion of Shariah property in The Leader Meeting of Central MUI, cooperating with BI, ADPS, and OJK to carry out training for The Prospective Shariah Supervisor, making education book and Jumat Preaching Book about Shariah Economy, and educating the community about DSN-MUI fatwa to improve the vigilance on fraud cases by using the Sharia label.  Keywords: Sharia Certification; Monitoring of Sharia Compliance; Sharia Property.

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