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VALIDITAS ELEKTRONIK KONTRAK SYARIAH PADA FINANCIAL TECHNOLOGY PT. DANA SYARIAH INDONESIA SEBAGAI ALAT BUKTI AUTENTIK Riska Wijayanti; Dewi Manda Angraini
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 8, No 1 (2023)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i1.11544

AbstractA contract is always growing. Shalihun li kulli al-zaman wa al-makan its mean everything can develop according to the era and the masses, but the development of electronic contracts without meeting and seeing the person or object whether it meets the terms of the validity of the contract, while the easier it is to make contracts does not facilitate the emergence of many potential legal problems. The research problem is How is the validity of electronic contracts on fintech of the Indonesian Sharia Fund? Can electronic contracts executed virtually be used as authentic evidence? This research is normative legal research that uses primary and secondary data sources. The data obtained are processed using qualitative descriptive methods. The results of the study prove that based on the jhumur ulama electronic sharia contract can be said to be valid if it meets the conditions for the validity of the contract, namely; shigat, Al 'aqidan, ma'qud 'alaih, and maudhu' al 'aqd. While related to its function as an authentic evidence tool when it meets the formal and material requirements, its existence cannot stand alone and still requires other evidence.Keywords: Electronic Contract, Sharia Contract; Authentic Evidence Tools, Fintech.

VALUASI EKONOMI PADA KAWASAN DESTINASI WISATA ALAM CIBULAN KABUPATEN KUNINGAN PERSPEKTIF MAQASHID SYARIAH Dewi Fatmasari; Hafni Khairunnisa; Yati Haryati
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 8, No 1 (2023)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i1.10949

AbstractThe increase in the number of tourists is directly proportional to the impact of the damage. To minimize the impact of tourism, an economic valuation of natural tourist destinations is needed to obtain additional economic benefits for conservation. Economic valuation is carried out using the Travel Cost Method. The purpose of this study is to analyze the factors that influence the willingness to pay tourists at the Cibulan Nature Tourism Destination and to estimate the economic value of the Cibulan Nature Tourism Destination using the Travel Cost Method. The research method used is descriptive quantitative with data analysis techniques in the form of multiple linear regression analysis, travel cost method, and consumer surplus. The results showed that travel cost, age, distance, and facilities had a significant influence on the level of visits to Cibulan tourism objects, while income and education did not have a significant influence on the level of visits to Cibulan attractions. The total economic value obtained is Rp. 148,157,850,203 per year. Willingness to pay following Maqashid Sharia and bring benefits to the community.Keywords: Economic Valuation; Travel Cost Method; Consumer Surplus.

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.

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

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

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.

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.

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

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 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.

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

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.

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