Garuda - Garba Rujukan Digital

The impact of social media on intellectual property law Hamamah, Fatin; Munaji, Munaji; Erna, Erna; Sukama, Sukama; Marhendi, Marhendi
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 9, No 1 (2024)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i1.16747

In the digital era, social media has revolutionized the way we communicate and interact, having a significant impact on intellectual property (IP) law. Social media platforms such as Facebook, Twitter, Instagram, and TikTok have blurred the lines between private and public spaces, creating new challenges in implementing and enforcing IP laws. This research aims to explore various legal strategies the importance of legal awareness education among social media users, and the role of technology in supporting intellectual property law enforcement. The research method used is a normative research method to investigate the impact of social media on intellectual property law. The results of the analysis show that social media influences the perception and application of IP law, including issues of privacy and the management of personal and social boundaries. A deep understanding of the dynamics of social media and IP law is critical to ensuring copyright and intellectual property protection in an increasingly connected world. The importance of intellectual property law in the digital era lies not only in the protection of copyrights and patents but also in the adaptation and evolution of the law to address new challenges arising from technological developments. Intellectual property law in today's digital era cannot be ignored. In the digital era that continues to develop, technology has become the main factor influencing change in society, including in the legal aspect.Keywords: Social Media, Copyright, Intellectual Property.

The optimization of muzāra’ah contracts in Islamic financial institutions for alleviating poverty and empowering the community's economy Hamzah, Moh.
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 9, No 1 (2024)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i1.16716

Poverty is a complex issue that affects various crucial sectors such as education, health, and agriculture. Islamic financial institutions play a significant role in addressing poverty through community empowerment in the agricultural sector. This research aims to examine the contribution of the muzāra’ah contract in economic empowerment and poverty alleviation. The research method used is a conceptual approach. The results show that the use of the muzāra’ah contract by Islamic financial institutions significantly contributes to reducing poverty in the agricultural sector. Additionally, Everett Rogers' Diffusion of Innovation theory can be used to enhance community understanding and acceptance of Islamic financial products. These findings make an important contribution to academic literature and offer effective strategies for economic empowerment through Islamic financial institutions.Keywords: Muzāra’ah; Economic Empowerment; Poverty; Sharia Financial Institutions.

Analysis of marketing channels and income of catfish farming business of Sangkuriang Bhakti farm perspective of islamic economic law Rizky, Farid Al; Aziz, Abdul
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 9, No 1 (2024)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i1.16578

This study aims to analyse the marketing efficiency and income of sangkuriang catfish farming business in Bhakti Farm Ciledug, Tangerang from the perspective of Islamic economic law. The research was conducted from December 2022 to March 2023 using qualitative and quantitative methods through a case study approach and interview techniques with business owners. The results identified two marketing channels, namely: (1) Cultivators - middlemen - large traders - small traders, and (2) Cultivators - small traders. Marketing efficiency analysis showed that both channels were efficient with an EP value of <1, where marketing channel II (Cultivators - small traders) was more efficient with an EP value of 0.075 and a marketing margin of IDR 5,000. In terms of income, production in the harvest period averaged 5,062 kg with production costs of Rp. 58,541,000 and revenue of Rp. 96,178,000 (selling price of Rp. 19,000/Kg). The income received by Bhakti Farm with a pool area of 210 m2 is Rp. 37,596,600, which means TR> TC, so that the sangkuriang catfish farming business at Bhakti Farm is proven to be profitable. In the perspective of Islamic economic law, Bhakti Farm's marketing practices must be transparent, fair, and avoid prohibited elements such as usury, gharar, and maysir. Profits obtained must be halal and not harm other parties. The fish farming business must also be environmentally friendly and provide benefits to the welfare of the surrounding community. In addition, Bhakti Farm is expected to apply Islamic business ethics such as honesty, trustworthiness, and professionalism in running its business.Kata Kunci: Marketing Channel; Marketing Margin; Marketing Efficiency; Production Cost; Islamic Economic Law.

The concept of khiar rukyat according to Imam Abu Hanifah: An analysis of the concept, legal evidence, and implementation Hidayat, Enang
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 9, No 1 (2024)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i1.13112

The validity of khiar rukyat (inspection option) according to Imam Abu Hanifah is considered absolute. However, the khiar rukyat he proposed is similar to bai al-gharar. The purpose of this research is to understand khiar rukyat according to Imam Abu Hanifah, the legal evidence, and its implementation in contemporary commercial contracts. This research falls under the category of normative Islamic legal research within the realm of doctrine (thought) using a conceptual approach. The data collection technique involves document analysis. The analysis utilizes prescriptive analysis of primary sources from the Hanafi school of thought, such as "Al-Mabsut" by al-Sarkhasi, "Tuhfat al-Fuqaha" by Alaudin al-Samarqandi, "Badai al-Sanai fi Tartib al-Sanai" by Alaudin al-Kasani, and others. This is supplemented by a review of previous research. The research findings indicate that the concept of khiar rukyat according to Imam Abu Hanifah is flexible because the connotation of rukyat is not only interpreted by observing the object of goods but also connotes that the object of goods can be touched and smelled. The evidence used by Imam Abu Hanifah regarding khiar rukyat includes hadith narrations from al-Baihaki from Makhul and from al-Daruqutni from Abu Hurairah. Additionally, there is a hadith narration from al-Baihaki from Abu Mulaikah concerning the right of khiar rukyat for the buyer only. Furthermore, the implementation of khiar rukyat in contemporary commercial contracts, such as online buying and selling, is difficult to execute due to customary practices (urf)Keywords: Khiar rukyat, Imam Abu Hanifah, Legal Evidence, Implementation.

Economic existence of home industry worker families in a positive law perspective Muamar, Afif; Nurkhaerani, Ema; Inayah, Iin
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 9, No 1 (2024)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i1.17277

The employment absorption by the Sukarasa Keripik Kaca home industry in Tenjolaya Hamlet, Kertayasa Village, Cijulang District, Pangandaran Regency needs to be further examined from the perspective of positive law. The aim is to understand the existence of the Sukarasa Keripik Kaca home industry in absorbing local labor and to review the positive legal perspective on the employment absorption system in enhancing community income in Kertayasa Village, Cijulang District, Pangandaran Regency. This research is classified as qualitative research, and the data collection techniques used were interviews, observation, and documentation. The research results show that the Sukarasa Keripik Kaca home industry continues to operate to this day. A total of 8 workers have been absorbed. Based on the review of Law Number 13 of 2003 concerning Manpower, the employment absorption system is appropriate as there is no discriminatory treatment. The application of the Regional Minimum Wage applies to companies with a minimum of 20 workers. Since the Sukarasa Keripik Kaca home industry only has 8 workers, the wages provided are appropriate.Keywords: Family Economy, Home Industry, Sukarasa Keripik Kaca, Positive Law.

The urgency of implementing halal product process assistance: Review of maqashid syariah Hilmi Al Ghifari, Muhamad; Dwi Priyatno, Prima
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 9, No 1 (2024)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i1.16563

Halal food commodities are currently a priority aspect for the Indonesian government, to the point of creating a self-declare scheme intended for micro and small business actors. Since the implementation of the self-declare scheme, it has positively impacted the achievement of the halal certificate target. However, problems also create doubts about the mechanisms implemented in society. Therefore, this article aims to increase assistants' understanding by correlating work procedures with maqashid shariah values. To produce an informative discussion, a qualitative descriptive method with a literature study approach is used in this article. After going through all the research stages, the results were obtained, and the procedures for checking ingredients, processing halal products, and correcting findings were classified as maslahah dharuriyyah. Thus, it can be concluded that all of these stages contain safeguards or protection against the objectives of the sharia (maqashid sharia), especially the hifdz din, hifdz nafs, and hifdz aql points.. Therefore, halal product process assistants must understand and implement the maqashid shariah values to produce performance output that benefits society.Keywords: Maqashid Shariah; Halal Product Process; Self-Declare

How government internal control system supporting regional development goals: Empirical evidence from internal control system in Indonesia Firdauzi, Indrawan; Arifin, Agus; Alfarisy, Muhammad Farid; Fauzi, Pahrul; Badriah, Lilis Siti; Ilma, Ajeng Faizah Nijma; Nasution, Nani Kartika Ulina
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 9, No 1 (2024)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i1.17064

This study provides an empirical understanding of how integrated internal government controls in Indonesia can support regional development goals. Using Path analysis, we test the relationship between government internal control systems, budget efficiency, and regional development, with emphasis on health, education, and poverty. Surprisingly, the study revealed that instruments within the government's internal control systems, the corruption prevention effectiveness index, and the government's internal oversight positively impacted budget efficiency. However, we found that the risk management index negatively affected budget efficiency. In conclusion, this study establishes a link between internal government control, budget efficiency, and development goals. These findings underscore the importance of implementing high-quality internal oversight to support regionalized national development objectives.Keywords: SPIP, Government Internal Supervision, Indonesia, Budget Efficiency, Development Goals.

Ban policy on nickel as natural resources from the perspective of mashlahah by Imam Al-Ghazali Wulandari, Ika; Fidhayanti, Dwi
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 9, No 1 (2024)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i1.17087

This study examines Indonesia’s policy of restricting nickel exports and its implications, focusing on the state’s approach to enhacing the value of nickel through downstream processes. It adopts a normative juridical research method with a legislative approach, utilizing primary, secondary, and tertiary legal materials. Legal sources are gathered through literature review and internet study, and analyzed using deductive and descriptive reasoning methods. Based on relevant analysis and discussions, the study concludes that Indonesia’s export restrictions primarily aim to improve nickel quality through downstream processing line with principles of prosperity and economic welfare. Despite concerns about potential limitations, such as the impact of smelter construction on local communities, Indonesia’s policy remins consistent with international trade principles to support domestic economic growth and job creation. Future research should comprehensively address these obstacles provide a deeper understanding of the socio-economic implications of nickel export restrictions and downstream development in Indonesia.Keywords: Nickel; Natural resources; Maslahah

Analysis of fatwa no. 83 of 2023 regarding the boycott of zionist Israeli products from the perspective of sadd al-dzari'ah Nada, Nabilatun; Ghozali, M Lathoif
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 9, No 1 (2024)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i1.17560

The study aims to analyze the boycott behavior of Zionist Israeli products according to MUI Fatwa No. 83 of 2023 from the perspective of sadd al-dzari'ah. With the perspective of sadd al-dzari'ah, the boycott of Israeli products is a form of minimizing the harm received by Palestinian Gaza and supporting Palestinian independence by crippling their economy. Researchers used library research method with qualitative approach and descriptive analysis technique. Then the data sources were obtained from MUI Fatwa No. 83 of 2023 as primary data and reference sources from journals through scientific articles, books, & mass media related to secondary data sources relevant in the research. The result of the research is that the act of boycotting Israeli products must be done and is a recommendation from the MUI fatwa to fight for Palestinian independence. With the MUI fatwa on boycotting Zionist products, using sadd al-dzari'ah, which is to close the way so that Israel does not continue the massacre of Gaza because it is an act of dharar and for the sake of benefit (common good) to uphold the value of humanity and solidarity between Muslims. Furthermore, researchers use the perspective of sadd al-dzari'ah as a scholarly ijtihad to explore phenomena on the basis of Islamic law.Keywords: Product Boycott, MUI Fatwa, Saddudz Dzari'ah, Palestine.

The influence of islamic bank and zakat on unemployment in urban and rural areas of Indonesia Fajri, Mohammad Zen Nasrudin; Suminto, Ahmad; Rizqon, Abdul Latif
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 9, No 1 (2024)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i1.17108

Unemployment in Indonesia has shown a downward trend in the last decade which is associated with the positive growth of Islamic banks and zakat in Indonesia. This research aims to reveal the impact of Islamic bank performance on unemployment in Indonesia at a national level, in urban and rural areas. It also aims to find out the impact of zakat performance on those groups of unemployment. ARDL method is used to analyze data between 2007 and 2022. The results of the findings show that the zakat collection positively affects national unemployment, urban unemployment, and rural unemployment in Indonesia in the long run. However, in the short run, it only increases urban unemployment. Meanwhile, Islamic bank financing significantly reduces national unemployment and urban unemployment in the short run but it has no impact on rural unemployment. In the long run, Islamic bank financing does not affect all kinds of unemployment.Keywords: Islamic bank, zakat, unemployment, urban, rural.

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