THE CHARACTERISTICS OF PROPORTIONALITY PRINCIPLE IN ISLAMIC CROWDFUNDING IN INDONESIA

Proportionality is a legal principle not only requires equility of the rights and obligations among parties based on competing values, but also has purpose to deliver justice among parties. This principle is in line with the Al Musawah principle in the Islamic contract or agreement which it also has the same goal: ad ‘adl wa tawazun. This principle is the implementation of the principle of good faith, the principle of transactions based on honesty including in terms of determining the profit margin. The research significance are to provide enhance knowledge about proportionality principle in Islamic crowdfunding in Indonesia, especially in financing contract in Islamic financial technology as a new business innovation scheme. This paper in order to promote the impartial perception and to harmonize the Islamic law and Indonesian laws. The type of the research is legal research. The research methods apply the conceptual approach to the the Islamic crowdfunding under proportionality principle in financing contract.

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Menakar Tujuan Hukum dibalik Putusan MA No. 46 P/HUM/2018 Yang Pro Koruptor

Al-Adalah: Jurnal Hukum dan Politik Islam ◽

10.35673/ajmpi.v4i2.412 ◽

2019 ◽

Vol 4 (2) ◽

pp. 99-134

Author(s):

Nurlindah Nurlindah ◽

A. Sugirman ◽

Rosita Rosita

Keyword(s):

Islamic Law ◽

Supreme Court Decision ◽

Vice President ◽

Legal Certainty ◽

Legal Research ◽

Conceptual Approach ◽

Track Record ◽

General Elections ◽

Election Commission ◽

Executive Body

In welcoming 2019 concurrent general elections, the General Election Commission issued PKPU No. 20 of 2018, one of which banned former convicts of corruption from becoming legislative candidates on the grounds that corruption is an extraordinary offense that is commonly practiced by legislators both individually and in congregation. The regulation is stated in Article 4 paragraph (3) PKPU No. 20 of 2018 concerning Nominations for Members of DPR, Provincial DPRD and Regency / City DPRD. However, the regulation was canceled with the issuance of Supreme Court decision No. 46 P / HUM / 2018. Based on this, the limitation of the problem of this research is how to measure the aspects of the legal objectives behind the decision No. 46 P / HUM / 2018 which are more pro-corrupt so that they can understand the judge's decidendi ratio in canceling the prohibition of ex-convicts from becoming legislators. This type of research is normative legal research with a statutory approach and conceptual approach. The theoretical basis in the presentation of research results is the theory of legal goals by Gustav Radbruch namely justice, certainty and usefulness which is compared with Islamic law. The results of this study indicate that the Supreme Court's consideration overturned PKPU No. 20 of 2018 because it is considered contrary to Article 240 of Law No. 7 of 2017 concerning General Elections and Article 12 of Law No. 12 of 2011 concerning Formation of Laws and Regulations. The Supreme Court's considerations in the a quo ruling contain the three legal objectives. However, it is more inclined to legal certainty, so it does not reflect the value of justice that lives in the community. The cause of not achieving the values of justice that live in the community in the a quo decision is because the basis for testing the regulation is Law No. 7 of 2017 concerning General Elections does not prohibit such matters, even though the nomination rules on the executive body namely the President and Vice President require that they do not have a bad track record. Likewise when viewed from Islamic law which requires legislative candidates called ahlul ahli wal aqdi must have a fair way which means having integrity and a good image in the society.

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Perbedaan Pemahaman Konsep Ikrar Talak Menurut Putusan Pengadilan Agama dengan Syariat Islam

Wajah Hukum ◽

10.33087/wjh.v3i1.53 ◽

2019 ◽

Vol 3 (1) ◽

pp. 20

Author(s):

Nourma Dewi ◽

Femmy Silaswaty

Keyword(s):

Islamic Law ◽

Research Approach ◽

Legal Research ◽

Conceptual Approach ◽

Islamic Period ◽

Legal Remedies ◽

Religious Courts

This study aims to determine the differences in understanding the concept of talaq pledges according to the decisions of religious courts with Islamic Shari'a. This research is normative legal research. The research approach used in this study is the legislative approach and the conceptual approach. Based on the results of the research and discussion it can be concluded that there is a concept inconsistency between the religious courts that adhere to the Compilation of Islamic law with Islamic Shari'a which includes the fall of divorce, legal remedies, and the enactment of the Islamic period.

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Fatwa Majelis Ulama Indonesia sebagai Solusi Permasalahan Umat Islam di Indonesia

Al-Manahij Jurnal Kajian Hukum Islam ◽

10.24090/mnh.v14i2.3927 ◽

2020 ◽

Vol 14 (2) ◽

pp. 307-316

Author(s):

Ibnu Elmi Achmat Slamat Pelu ◽

Jefry Tarantang

Keyword(s):

Legal System ◽

Islamic Law ◽

Legal Authority ◽

Legal Research ◽

Conceptual Approach ◽

Historical Approach ◽

High Position ◽

Legal Norms ◽

Legal Development ◽

Binding Position

The Indonesian Ulema Council (MUI) has an important role in answering the increasingly complex problems of Muslims through fatwas. However, in the Indonesian legal system, fatwas are not considered a source of material law that has legal validity as a solution to the problems of Muslims in Indonesia. Therefore, this study aims to describe the position of fatwas in the legal system in Indonesia and the existence of the fatwas of the Indonesian Ulema Council in addressing the problems of the ummah. This research is a normative legal research using three types of approaches consisting of a statutory approach, a historical approach, and a conceptual approach. The results of this study concluded that: firstly, the position of fatwas in the construction of Islamic law has a high position. Fatwas are seen as a solution that can break the ice in legal development that is not accommodated by the texts of the Quran. So, substantively and sociologically, fatwas have a strong and binding position in Islamic law. Secondly, the existence of the fatwa of the Indonesian Ulema Council in responding to the problems of the Ummah can be seen in two aspects. The first aspect, fatwas in the perspective of Islamic legal authority are binding sociologically in substance. This is because fatwas are explanations and interpreters of the texts of the Quran regarding Islamic law. The second aspect, fatwas from the perspective of the hierarchy of laws and regulations, legally and formally, do not have any position in the ranking of legal norms. However, it is constitutionally guaranteed through Article 29 of the 1945 Constitution that guarantees the realization of the fulfillment of all Islamic law for Muslims in Indonesia.

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Tinjauan Hukum Islam Terhadap Sistem Transaksi Kredit Pemilikan Rumah (KPR) Di Bank Tabungan Negara Syariah (BTN Syariah) Semarang

Hukum dan Masyarakat Madani ◽

10.26623/humani.v7i3.1425 ◽

2019 ◽

Vol 7 (3) ◽

pp. 167

Author(s):

Arif Rochman ◽

Dharu Triasih ◽

Agus Saiful Abib

Keyword(s):

Public Housing ◽

Low Income ◽

Islamic Law ◽

The State ◽

Legal Research ◽

Conceptual Approach ◽

Accounts Payable ◽

Savings Bank ◽

The Government ◽

Legal Condition

Rumah adalah kebutuhan dasar yang sangat penting bagi setiap orang. namun sebagian orang masih belum memiliki rumah sendiri. Faktor penyebabnya adalah mahalnya harga tunai rumah. Oleh karena itu pemerintah melalui menteri perumahan rakyat membuat program Kredit Pemilikan Rumah (KPR). Program KPR ini ditujukan untuk masyarakat berpenghasilan rendah yang disebut KPR subsidi. Salah satu bank yang menjadi pelaksana program tersebut yaitu Bank Tabungan Negara Syariah (BTN Syariah). Penelitian skripsi ini mengenai sistem transaksi KPR yang dilakukan oleh BTN Syariah Semarang dan tinjauan hukum Islam terhadap sistem transaksi KPR di BTN Syariah Semarang. Jenis penelitian ini menggunakan penelitian hukum normatif dengan pendekatan konseptual agar dapat memahami sistem transaksi KPR BTN Syariah yang menggunakan prinsip Islam. Hasil dan pembahasan penelitian ini yaitu sistem transaksi KPR yang dilakukan BTN Syariah menggunakan akad jual beli murabahah dan istishna. Tinjauan hukum Islam terhadap Akad murabahah yaitu dengan 3 pendekatan yang terdiri dari ditinjau dari rukun jual beli, syarat sah jual beli serta syarat jual beli kredit. Untuk akad Istishna, BTN Syariah tidak bisa menggunakan akad ini karena BTN Syariah bukanlah produsen melainkan trader. Simpulannya skema transaksi KPR yang dilakukan BTN Syaraih hakekatnya bukan jual beli murabahah atau istishna, tetapi hutang piutang / qardh.<div class="WordSection1">Home is a basic need that is very important for everyone. but some people still do not have their own home. The factor is the high cost of house cash. Therefore, the government through the minister of public housing makes the program of Housing Loans (KPR). The mortgage program is aimed at low-income communities called subsidized KPR. One of the banks that became the implementer of the program is the State Savings Bank Syariah (BTN Syariah). This thesis research about mortgage transaction system conducted by BTN Syariah Semarang and review of Islamic law to mortgage transaction system in BTN Syariah Semarang. This type of research uses normative legal research with a conceptual approach in order to understand the transaction system of KPR BTN Syariah using Islamic principles. Results and discussion of this research is a system of mortgage transactions conducted BTN Syariah using the sale and purchase agreement murabaha and istishna. Review of Islamic Law against Murabahah Akad that is with 3 approach consisting of observed from rukun jual beli, legal condition of sale and purchase and condition of sale and purchase credit. For Istishna contract, BTN Syariah can not use this contract because BTN Syariah is not a producer but trader. The conclusion of the scheme of mortgage transactions conducted by BTN Syaraih is not the sale and purchase of murabahah or istishna, but the accounts payable / qardh.</div>

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Prinsip Hukum Dalam Penyusunan dan Pelaksanaan Kontrak Engineering Procurement Construction (Kontrak "EPC")

Yuridika ◽

10.20473/ydk.v33i2.7412 ◽

2018 ◽

Vol 33 (2) ◽

pp. 188

Author(s):

Dwi Mariyati

Keyword(s):

High Risk ◽

Engineering Design ◽

Construction Work ◽

Legal Research ◽

Normative Study ◽

Conceptual Approach ◽

The Third ◽

Legal Principle ◽

Contract Type ◽

Building Activities

The EPC Contract is the form of contract that is currently used by the contractors to take over construction work. The EPC Contract having three activities, the engineering design , procurement and construction execution, that are integrated. For the activity EPC Contract is the Single Contractor must be responsible for the design of jobs and accuracy, and requirement of the owner project, until construction. This contract type commonly have a high risk, the finals price, and the accuracy of the period for implementation. Characteristic of EPC Contract is industry building activities that are proces plant and industry plant. The purpose of which are going to achieved in EPC Contract to preset specifications to fulfill the requirements specified in terms of the time, the quality and expenses.The main issues in this legal research are the legal principle that is used in the preparation of EPC Contract and the principle of law in the implementation of EPC Contract in Indonesia. The type of research is the normative study and the approach of this research having four methods approach among others are statute approach, conceptual approach, cases approach, and comparative approach.The result of this research there are four the most important among others are the first is legislation, the second is the implementation of regulation, the third is EPC institution procurement and fourth is the form of EPC Contract.

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REVITALIZATION OF INDONESIAN ULEMA COUNCIL FATWA ABOUT INTELLECTUAL PROPERTY PROTECTION

International Journal of Law Reconstruction ◽

10.26532/ijlr.v4i2.9875 ◽

2020 ◽

Vol 4 (2) ◽

pp. 81

Author(s):

Nugraha Pranadita

Keyword(s):

Intellectual Property ◽

International Relations ◽

Islamic Law ◽

Economic Value ◽

Deterrent Effect ◽

Legal Research ◽

Conceptual Approach ◽

The World ◽

The Times ◽

Ipr Protection

In the current era of global globalization, there is not a single country in the world that can live alone. One issue that can disrupt relations between nations in the world is related to the protection of Intellectual Property Rights (IPR). This is due to the economic value of the use of IPR that can increase the country's competitiveness in international relations. Increasing IPR protection is a necessity to increase the creativity and productivity of the community, while at the same time increasing the trust of the international community which is ultimately expected to encourage the development of the national economy. One effort to improve IPR protection in Indonesia is to revitalize the fatwa of the Indonesian Ulema Council on IPR protection so that it can keep abreast of the times and can provide a deterrent effect to perpetrators of criminal acts of IPR violations, especially those who are Muslim. That is because his actions are contrary to Islamic law, so it is appropriate and should be sentenced both in the world and in the hereafter. The purpose of the preparation of this manuscript is to encourage changes to the MUI fatwa on IPR protection. This research is a normative legal research using the statutory and conceptual approach. The results of this study are the draft changes to the substance of the MUI fatwa on IPR Protection.

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EKSISTENSI KHIYAR DALAM UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DI TOKO MODERN (Analisis Hukum Ekonomi Syariah)

AL-BANJARI Jurnal Ilmiah Ilmu-ilmu Keislaman ◽

10.18592/al-banjari.v15i1.818 ◽

2016 ◽

Vol 15 (1) ◽

pp. 69

Author(s):

Rahmatul Huda

Keyword(s):

Consumer Protection ◽

Islamic Law ◽

Legal Research ◽

Conceptual Approach ◽

Economic Law ◽

The Law ◽

Islamic Economic ◽

The Right

Indonesia is a country that is predominantly Muslim, so that Muslim consumers certainly get the protection of the goods and/or services in accordance with Islamic law. Because the protection of the rights of every citizen of Indonesia. Khiyar is one form of consumer protection in Islam. Surely, khiyar as one of the forms to protect the rights of Muslim consumers are contained in the Consumer Protection Law. This thesis aims to determine: (1) Existence khiyar in Law No. 8 of 1999 on Consumer Protection, and (2) Analysis of the existence of khiyar in Law No. 8 of 1999 on Consumer Protection. This research is a normative law (normative legal research), namely legal research conducted by examining the legal material. The approach taken in this study is the statute approach and the conceptual approach. Based on the method used produced the conclusion that the existence khiyar in Law No. 8 of 1999 on Consumer Protection, contained in article 4, which khiyar aib and khiyar syarath with the right to safety (article 4 letter a), khiyar majlis and khiyar ta'yin with the right to choose (article 4 letter b), khiyar tadlis and khiyar aib with the right to be informed (article 4 letter c and h), and khiyar ru'yah with the right to be heard (article 4 letter d ). Existence khiyar in article 4 of the Law No. 8 of 1999 on Consumer Protection in terms of the Islamic economic law in accordance with the rules of fiqh, maqasid shari'ah, and fiqh.

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Legal Protection of Donation-based Crowdfunding Zakat on Financial Technology: Digitalization of Zakat under Perspective of Positive Law and Islamic Law

International Conference of Zakat ◽

10.37706/iconz.2018.132 ◽

2019 ◽

Author(s):

Nurul Ula Ulya

Keyword(s):

Financial Services ◽

Islamic Law ◽

Legal Protection ◽

The Other ◽

Legal Certainty ◽

Digital Form ◽

Legal Research ◽

Positive Law ◽

Specific Regulation ◽

Financial Technology

The aim of this research is to see the legal protection of Donation-based Crowdfunding zakat on financial technology due to the huge spreading of startup with zakat fund in Indonesia. Meanwhile there is still no specific regulation protecting various risks that will arise especially the risk of unobvious identity, potential disputes, dissimilarity of the zakat purpose and the implementation of zakat distribution, and the other deviations. This type of research is library legal research with conceptual and state approach. The result of the research shows that in positive law there is no legal protection regulation in Zakat based on Donationbased Crowdfunding. The regulation only crowdfunding contains investment element andgenerate profit as described in Act Number 21 Year 2011 regarding Financial Services Authority. While Zakat-based Donation-based Crowdfunding is a nonprofit-oriented type of product. This makes the absence in the elements of justice and legal certainty. The regulation on zakat only described in Law number 23 year 2011 which is not contained that system. In the protection of Islamic law, the certainty of the implementation of the contract is stipulated in the zakat based on sharia agreement that must comply with the various principles and provisions of sharia, whether the arrangement starts from the intention, the process of agreement, transparency, and all aspects relating to Amil, Muzakki and Mustahiq zakat (Who is the mustahiq and what kind and how the implementation). finally, the researcher hopes that this research will bring inputs for government to make more comprehensive regulations on zakat in its digital form.

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Overview of Indonesian Law in the Purchase Transaction of Home Ownership Credit (KPR)

International Journal of Research and Review ◽

10.52403/ijrr.20210536 ◽

2021 ◽

Vol 8 (5) ◽

pp. 286-291

Author(s):

Chairuni Nasution

Keyword(s):

Public Housing ◽

Low Income ◽

Islamic Law ◽

Home Ownership ◽

Legal Research ◽

Conceptual Approach ◽

Accounts Payable ◽

Legal Relief ◽

The Government ◽

North Sumatra

Home is a basic need that is very important for everyone. However, some people still do not own their own homes. The contributing factor is the high cash price of the house. Therefore, the government through the minister of public housing created a Home Ownership Credit (KPR) program. This KPR program is aimed at low-income people, which is called subsidized KPR. the number of banks implementing the KPR purchase program. This thesis research concerns the KPR transaction system carried out by BTN Syariah North Sumatra and a review of Islamic law on the KPR transaction system at BTN Syariah North Sumatra. This type of research uses normative legal research with a conceptual approach to understanding the KPR BTN Syariah transaction system that uses Islamic principles. The results and discussion of this research are the KPR transaction system carried out by BTN Syariah using the murabahah and istishna sale and purchase contracts. A legal review in Indonesia of this sale and purchase agreement is with 3 approaches consisting of the review of the terms of sale and purchase, the legal terms of sale and purchase, and the terms of buying and selling credit. For the Istishna contract, BTN Syariah cannot use this contract because BTN Syariah is not a producer but a trader. In conclusion, the KPR transaction scheme carried out by BTN Syariah is not essentially a sale and purchase of murabahah or istishna, but of accounts payable / qardh. Keywords: Indonesian law, mortgage, legal relief.

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Pengalihan Hak Hadhanah Jatuh kepada Bapak terhadap Anak Belum Mumayyiz (Studi Kasus di Pengadilan Agama Palangka Raya)

Anterior Jurnal ◽

10.33084/anterior.v18i2.808 ◽

2019 ◽

Vol 18 (2) ◽

pp. 158-162

Author(s):

Sanawiah Sanawiah

Keyword(s):

Islamic Law ◽

Research Problem ◽

Legal Research ◽

Conceptual Approach ◽

Dissertation Research ◽

The Right

As a result of divorce, other problems also arise as a result of being granted divorce claims, both the issue of joint assets to the problem of who is more entitled to do hadhanah (maintenance) of children. In Compilation of Islamic Law Article 105 letter (a) states that in the event of divorce, the maintenance of a child who has not been mumayyiz or has not been 12 (twelve) years old is the right of his mother, then, in Article 156 letter (a) due to the termination of marriage child who hasn't mumayyiz entitled to hadhanah from his mother. The method in this dissertation research uses the type of legal research empiric research that takes place in the field, with the approach of legislation (statute approach), conceptual approach (conceptual approach), and approach (prophetic) prophetic approach is an approach with basis instrument sourced texts from the revelations received by prophets and apostles and the Sunnah. The first research problem was why Hadhanah's rights fell to the father of children who were not yet mumayyiz and the second was how the Judge's policy in deciding on hadhanah cases in the Palangka Raya Religious Court Number 0067/Pdt.G/2018/PA Plk.

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