Al-Aqad

ANALISIS HUKUM ISLAM TERHADAP KETENTUAN UPAH JURU PARKIR DALAM PERATURAN BUPATI NOMOR 12 TAHUN 2013

2024-11-07T02:34:25+07:00

This research aims to analyze Regent Regulation (Perbup) No. 12 of 2013 concerning wages for parking attendants from an Islamic law perspective. The focus of the research is to see how the wage provisions for parking attendants are in accordance with Sharia principles, especially related to work contracts, fairness in providing proportional wages, and the protection of workers' rights in Islam. The research method used is a descriptive analytical approach by examining the Regional Regulations based on muamalah fiqh literature and other sources of Islamic law. The research results show that although Perbup No. 12 of 2013 provides clear regulations regarding wages for parking attendants, several aspects need to be reviewed further from a sharia perspective, such as clarity of contracts, fairness of proportional wages, as well as application of the principle of balancing rights and obligations between workers and employers. The implication of this study is the need for adjustments in local regulations to be more in line with the values of justice and benefit taught in Islamic law, so as to create a wage system that is fairer and in line with sharia.

TRANSFORMASI AKAD PENYEWAAN TEMPAT PEMANCINGAN MADUN FISHING CLUB DI KABUPATEN KETAPANG MENJADI PERLOMBAAN BERDASARKAN KOMPILASI HUKUM EKONOMI SYARIAH

2024-08-27T09:44:04+07:00

This research was motivated by the practice of transforming contracts from renting to competitions that occurred at the Madun Fishing Club, Ketapang Regency. This research aims to find out how the Madun Fishing Club's fishing rental contract in Ketapang Regency became a competition and to find out how the Compilation of Sharia Economic Law (KHES) review transformed the object of the Madun Fishing Club's fishing rental contract in Ketapang Regency. The research approach in preparing this thesis is to use a qualitative approach with a type of empirical juridical research. Meanwhile, the secondary data in this research itself are business owners and competition participants or renters in the Madun Fishing Club. Primary data sources include journals and related documents, in this case, KHES. Data collection techniques are interviews, observation, and documentation. This data was analyzed using the theory of legal pluralism, while the technical data analysis used by researchers involved data collection, data reduction, data presentation, and drawing conclusions. Based on the data obtained, this research can conclude, namely, 1). The rental agreement for the competition held by the Madun Fishing Club in Ketapang Regency is carried out in writing individually using the Galatama competition system. In terms of implementation, this competition system as a whole uses a rental agreement. 2) The rental of the Madun Fishing Club fishing ground in Ketapang Regency, which turns into a competition, can be justified in the Compilation of Sharia Economic Law, namely in Article 29,7, which states that the ijarah contract can be changed, extended, and canceled based on agreement.

COVID-19 SEBAGAI ALASAN FORCE MAJEURE ATAS PEMBATALAN KEBERANGKATAN UMRAH DI PT. TAZAKKA ELHAQ DITINJAU DARI KOMPILASI HUKUM EKONOMI SYARIAH

2024-08-23T10:07:12+07:00

This study aims to analyze whether the Covid-19 pandemic can be considered a force majeure under the Compilation of Sharia Economic Law (KHES) and how PT. Tazakka Elhaq responded to the cancellation of umrah departures due to the pandemic. Using a normative-empirical legal approach, the research collected primary and secondary data through interviews and documentation, analyzing the data qualitatively. The findings indicate that Covid-19 fulfills the criteria of a force majeure event as stipulated in Article 41 of KHES and can be classified as a relative force majeure, since, although umrah travel was technically still possible, the associated risks and potential losses were excessively high and beyond reasonable limits. In accordance with the Minister of Religious Affairs Regulation (KMA) No. 719 of 2020, PT. Tazakka Elhaq adopted a policy of assuming responsibility in three forms: material (refunding costs to pilgrims who canceled), moral (maintaining trust through transparent communication and service), and legal (negotiating rescheduling of departure dates for pilgrims who chose to postpone rather than cancel).

KUALIFIKASI AKAD MURABAHAH PADA TABUNGAN EMAS BSI AHMAD YANI MENURUT KOMPILASI HUKUM EKONOMI SYARIAH

2024-10-09T04:19:16+07:00

This research aims to understand and qualify the gold savings product contract at Bank Syariah Indonesia (BSI) Ahmad Yani branch, referring to the KHES (Council of Islamic Scholars) regulations on murabahah sales. The gold savings product is a service that allows customers to buy and sell gold at affordable prices, with the facility of safekeeping. This service provides ease for the public to invest in gold. Gold savings at BSI use a murabahah contract. Generally, murabahah is a sales contract between the bank and the customer at the acquisition price plus an agreed profit margin. A qualitative research method with an empirical juridical approach was employed in this study. Primary data was collected through interviews with two informants from the BSI Ahmad Yani Pontianak branch. Secondary data was obtained from journals, articles, and the internet. Data collection techniques involved documentation and interviews. The collected data were analyzed systematically and presented in a research report.

SERTIFIKASI HALAL AMPLANG WARJOK DI DESA KAUMAN: TINJAUAN ATAS UNDANG-UNDANG JAMINAN PRODUK HALAL NO. 33/2014

2024-08-29T08:54:06+07:00

This study analyzes the implementation of halal certification for Amplang Warjok products in Kauman Village, Ketapang, based on Law No. 33 of 2014 on Halal Product Assurance. It employs a qualitative approach with field research methods. Data were collected through interviews and documentation, using primary data from direct information provided by business owners and secondary data obtained from books, journals, theses, and related articles. Data analysis followed the interactive model of Miles and Huberman, including data collection, reduction, presentation, and conclusion drawing. The findings indicate: (1) Business owners have submitted halal certification applications to the Indonesian Ulema Council (MUI), accompanied by field surveys to verify raw materials and production facilities; (2) In accordance with Article 4 of Law No. 33/2014, all products circulated and traded in Indonesia must be halal-certified—prompting business operators to renew their certificates periodically to remain legally operational.

PEMBAGIAN HASIL PERKEBUNAN KARET DI DESA GALING: TINJAUAN ATAS PRINSIP MUSAQAH DALAM KOMPILASI HUKUM EKONOMI SYARIAH

2024-12-11T05:08:39+07:00

This study aims to determine the implementation of the musaqah contract in the KHES review of cooperation for the production sharing of rubber plantation maintenance in Galing Village. This research uses qualitative research methods with a type of field research and a normative sociological paradigm approach. The data source uses primary data obtained from interviews with the owners and managers in Galing Village. The people of Galing Village rely heavily on the agricultural sector for economic growth. The agricultural sector is one of the sectors that greatly contributes to the economy in Galing Village. Plantation crops, namely rubber plantations, are one of the agricultural subsectors that can help meet the economic needs of the people of Galing Village. The owner and manager of the rubber plantation in Galing Village collaborate on the production sharing of rubber plantations with an oral agreement and use a musaqah contract. The pattern of profit sharing is based on the initial agreement, namely, using a profit-sharing system based on production results, with as much as 1/3 of the harvest. In the implementation of this profit sharing, there is a default committed by the owner against the manager by reducing the profit sharing for the manager. However, the implementation of this agreement violates the law of musaqah. This is because there is a reduction in profit sharing that is detrimental to the manager. According to Musaqah in the Compilation of Sharia Economic Law regarding the division of plantation yields, there is a violation of Musaqah law.

PERJANJIAN SEWA MENYEWA LAHAN DI DESA SUNGAI PURUN BESAR PERSPEKTIF KOMPILASI HUKUM EKONOMI SYARIAH BAB XI TENTANG IJARAH

2024-08-12T12:19:22+07:00

The objective of this research is to examine: 1) The implementation of agricultural land lease agreements in Sungai Purun Besar Village, Mempawah; and 2) The practice of such leases from the perspective of the ijarah contract under the Compilation of Sharia Economic Law (KHES). The researcher employed a qualitative research method. Data collection techniques included observation, interviews, and documentation. For data analysis, the researcher conducted data verification, tabulation, reconstruction, and systematic organization. The findings indicate that: 1) The implementation of agricultural land lease agreements in Sungai Purun Besar Village, Mempawah Regency, can be observed through three aspects: the contract itself, the object of the contract, and the rental payment arrangement agreed upon by both the landowner and the land manager. The contract used is an oral ijarah agreement. The object of the contract in this study is agricultural land. Rental payments are made after harvest, according to prior mutual agreement based on the size of the leased land. 2) The implementation of agricultural land leasing in Sungai Purun Besar Village, viewed from the perspective of the ijarah contract, complies with KHES provisions regarding the pillars (rukun) of ijarah, the form of contract (sighat), conditions for execution, rental payment mechanisms, use of the leased object, rental price, type of ma’jur (lessee), and return of the land. These practices are consistent with KHES regulations.

BUNGA PINJAMAN BAITUL TAMWIL MUHAMMADIYAH RASAU JAYA: PERSPEKTIF FATWA MAJELIS TARJIH MUHAMMADIYAH TENTANG BUNGA KOPERASI

2024-06-16T06:46:21+07:00

This research aims to find out how loan interest is implemented at Baitul Tamwil Muhammadiyah Rasau Jaya and to find out clearly whether the implementation of loan interest at Baitul Tamwil Muhammadiyah Rasau Jaya can be adjusted to the fatwa of the Muhammadiyah Tarjih Council regarding cooperative interest. Researchers use normative and empirical research types. Normative research functions to explore the fatwa of the Muhammadiyah Tarjih assembly regarding cooperative interest, while empirical research is to examine whether the implementation of loan interest at Baitul Tamwil Muhammadiyah Rasau Jaya can be adjusted to the fatwa of the Muhammadiyah Tarjih regarding cooperative interest. The data used in this research is primary data obtained from interviews with the management and customers of Baitul Tamwil Muhammadiyah Rasau Jaya and secondary data obtained from library sources such as books and journals. In this study, documentation, interviews, and observation were the methods used to collect data. Meanwhile, the researcher's data analysis techniques involved data reduction, data presentation, and conclusions. Then the validity of the data is tested through triangulation of technique, source, and time. The research results show that: 1) Baitul Tamwil Muhammadiyah Rasau Jaya applies loan interest. The interest (additional fees) will be returned to Baitul Tamwil members in the form of a loan. This is done based on the principle of ta'awun; 2) Based on its articles of association, Baitul Tamwil Muhammadiyah Rasau Jaya is declared a sharia savings and loan cooperative, thus it can be adjusted to the fatwa of the Muhammadiyah Tarjih Council regarding cooperatives.

ANALISIS YURIDIS WANPRESTASI DALAM AKAD GADAI SYARIAH DAN PERTANGGUNGJAWABAN AHLI WARIS: STUDI KASUS PUTUSAN PA TANGERANG NO. 2070/PDT.G/2024/PA.TNG

2025-08-01T07:31:05+07:00

This study discusses breach of contract (wanprestasi) in Islamic pawn agreements (rahn) and the liability of heirs for the debts of the deceased, based on a case study of the Religious Court Decision of Tangerang No. 2070/Pdt.G/2024/PA.Tng. The primary focus is a juridical analysis of how the judge structured the resolution of default disputes in a rahn contract, particularly when the debtor (rahin) passes away before settling the debt. This research employs a normative juridical legal method with statutory, conceptual, and maqasid al-shariah approaches. The findings show that the judge harmoniously integrates principles of civil law and Islamic law by emphasizing that the deceased’s debts must first be settled from the estate before it can be distributed among the heirs. The heirs are not personally liable for any remaining debt beyond the value of the inherited estate. The ruling aligns with Article 833 of the Indonesian Civil Code, Article 175 paragraph (1) of the Compilation of Islamic Law, and the values of maqasid al-shariah, particularly the protection of wealth (ḥifẓ al-māl) and justice (‘adl). This research contributes to the development of Islamic economic law, especially in resolving defaults with comprehensive legal, moral, and social considerations. Thus, the decision reflects substantive justice and legal certainty for all parties.

STUDI KOMPARATIF OPER KREDIT MOTOR PERSPEKTIF KITAB UNDANG-UNDANG HUKUM PERDATA DAN KOMPILASI HUKUM EKONOMI SYARIAH

2024-09-03T07:33:30+07:00

This study aims to analyze the practice of motorcycle credit transfer (oper kredit motor) among the community in Pontianak City from the perspectives of the Indonesian Civil Code (KUHPerdata) and the Compilation of Sharia Economic Law (KHES). The research employs a juridical-empirical approach. Secondary data sources include books on civil law, Islamic law, literature on credit and banking, journals, theses, dissertations, and relevant websites. Data were collected through observation and documentation, and analyzed qualitatively to draw conclusions. The findings indicate that: 1) The procedure for motorcycle credit transfer is permissible under the Civil Code, provided that the essential elements and conditions of the agreement are fulfilled and mutually agreed upon by the debtor and creditor; 2) Under KHES, such credit transfer is also allowed, as long as it complies with the requirements of hiwalah, including legal capacity (ahliyyah), sound mind, and tamyiz (discernment); 3) Both legal systems share similarities in requiring the parties involved in the contract—muhiil (the original debtor), muhal (the creditor), and muhal ‘alaih (the new debtor)—to be legally competent, mentally sound, and to express a valid offer and acceptance (ijab-qabul). The main difference lies in the age requirement for legal capacity: the Civil Code sets it at 21 years, whereas KHES recognizes legal capacity from the age of 18.