scholarly journals Review of Equity Crowdfunding Practices through Santara.id in the Perspective of Islamic Economic Law

Al-Ahkam ◽  
2021 ◽  
Vol 31 (2) ◽  
pp. 161-182
Author(s):  
Rahma Octaviani ◽  
Pas Ingrid Pamesti ◽  
Bagas Heradhyaksa
Keyword(s):  
Middle Class ◽  
Qualitative Method ◽  
Economic Law ◽  
Equity Crowdfunding ◽  
Islamic Economic

This article aims to find out the mechanism of equity crowdfunding through the santara platform from Islamic economic law. This article uses a qualitative method using library data. This article finds that santara.id is an intermediary between investors and issuers in developing a business. The scheme is similar to the muḍārabah contract, the investor is identical to ṣāḥib al-māl, and the issuer is identical to the muḍārib. However, this activity cannot be considered as muḍārabah cooperation because there has been no concrete agreement regarding the muḍārabah agreement. This article provides suggestions so that santara.id can further develop the platform's promotion in the community. It is because santara.id can provide investment services for the middle class, both as investors and issuers.

scholarly journals ‘URF SEBAGAI METODE PENETAPAN HUKUM EKONOMI ISLAM

2020 ◽  
Vol 9 (1) ◽  
pp. 75-90
Author(s):  
Khikmatun Amalia
Keyword(s):  
Research Methodology ◽  
Economic Activity ◽  
Qualitative Method ◽  
Research Approach ◽  
Shopping Centers ◽  
Economic Law ◽  
Library Research ◽  
Islamic Economic ◽  
Economic Transaction ◽  
Transaction Activities

This article aims to discuss matters related to 'urf as a method of determining Islamic economic law in economic activity. The research methodology in this article uses a qualitative method with a library research approach. The results showed that urf is something that is known and has become a community habit, either in the form of words or deeds. So that 'urf can be used as a method of determining Islamic economic law, including in economic transaction activities. Some examples of the application of 'urf in economic transactions today are buying and selling in modern shopping centers and online-based transactions without saying shighat (my words sell-I buy).

scholarly journals AKAD PROGRAM BADAN PENYELENGGARA JAMINAN SOSIAL (BPJS) KETENAGAKERJAAN DALAM KONTEKS EKONOMI SYARIAH

2019 ◽  
Vol 4 (1) ◽  
pp. 96
Author(s):  
Bahjatul Imaniyah ◽  
Abu Hasan Agus
Keyword(s):  
Old Age ◽  
Qualitative Method ◽  
Theoretical Perspective ◽  
Muslim Population ◽  
Race And Gender ◽  
Economic Law ◽  
The Social ◽  
Work Accident ◽  
And Gender ◽  
Islamic Economic

It is imperative for all people working in Indonesia to become members of the Social Security Organizing Agency (BPJS) to ensure safety while working. Indonesia which discussed the Muslim population reconsidered the transactions in the Employment BPJS. This study will analyze the BPJS Employment program in the field of Islamic economics. By using a qualitative method with a theoretical perspective by collecting documents and analyzing data both in terms of class, race and gender, this paper wants to understand the contract that occurs in BPJS Employment in order to answer some questions of Indonesian people especially those who are Muslim (Muslim). Based on the results of the discussion, the BPJS Employment contract program does not deviate from sharia economic law (Islamic economic law) because, in the Work Accident Guarantee Program (JKK) including the tabarru contract, which can only be done on benevolent matters. The Death Assurance program (JKM) is an implementation of at-takmin at-ta'awuniy namely ta'awun in the tabarru contract. This second program is for one purpose, which is to help welfare among workers. For the Old Age Guaranteed (JHT) program, this program has concepts such as the mudharabah musytarakah contract. Similarly, the Pension Guarantee program (JP) as a transition from inheritance contract. Keywords: Employment BPJS, contract, sharia economy, welfare

Dari Idealisme ke Pragmatisme: Pergeseran Paradigma dalam Pengembangan Hukum Ekonomi Syariah di Indonesia

2020 ◽  
Vol 14 (2) ◽  
pp. 191-210
Author(s):  
Addiarrahman Addiarrahman ◽  
Illy Yanti
Keyword(s):  
Focus Group ◽  
Focus Group Discussions ◽  
Group Discussions ◽  
Business World ◽  
Key Informants ◽  
The Public ◽  
Financial Products ◽  
Legal Consideration ◽  
Economic Law ◽  
Islamic Economic

This study seeks to understand the pragmatism of the development of sharia economic law, and its implications for Islamic financial products in Indonesia. The data comes from the results of interviews and focus group discussions with key informants from academics, practitioners, authorities, and the public. This research finds that pragmatism in the development of Islamic economic law is an approach that still dominates the DSN-MUI fatwas. The pragmatism style used is complex-eclectic pragmatism which is represented through makhārij al-fiqhiyyah, which is to choose a mild opinion by sticking to the strongest method or also called "taysīr al-manhajī". The use of this method is intended to ensure that the fatwa is truly able to answer the needs of the business world, as well as being in line with sharia principles. DSN-MUI also does not use maslahah as a legal consideration in a free or liberal way. Rather, it returns maslahah in consideration of the method, so that it is permissible to use the bay’ al-'inān contract only in a forced state (ḍarurah).

Comparative Study Of Islamic Economic Law And The Capitalist

2018 ◽  
Vol 16 (2) ◽  
pp. 104
Author(s):  
Tesa Mellina ◽  
Mohammad Ghozali
Keyword(s):  
Economic System ◽  
Capitalist System ◽  
Economic Problems ◽  
Economic Law ◽  
The Poor ◽  
Economic Practice ◽  
The World ◽  
Islamic Economic ◽  
Economic Injustice ◽  
Islamic Values

The implementation ofthe capitalist system has eliminated the Islamic values in economic practice. After the financial crisis hit the world, the capitalist system reaped many questions and its greatnessbegins to be doubted. The capitalist system implementationprecisely creates new problems in the economy. The concept of individualism which is the main key in capitalist practice only creates economic injustice and misery of the poor. The only economic theory that is expected as a light in dealing with economic problems is an economic system that is able to create justice,the welfare of all parties and blessings both the world and the hereafter. The theory is the Islamic economics which in practice is inseparable from Islamiceconomic law. Islamic economic law that underlies the Islamic economic system is totally different from the capitalist economic system.Keywords: Islamic Economic Law; Islamic economics; Capitalist Economy

scholarly journals The Principles of Law of Negligence as Causes of Compensation in the Sharia Economic Law in Indonesia

Al-Ulum ◽  
2019 ◽  
Vol 19 (1) ◽  
pp. 53-78
Author(s):  
Asyari Hasan ◽  
Alimin Alimin ◽  
Rizal Fahlefi ◽  
Desmadi Saharuddin
Keyword(s):  
Financial Institutions ◽  
Careful Consideration ◽  
Legal Principles ◽  
Economic Law ◽  
Positive Law ◽  
Islamic Financial Institutions ◽  
Islamic Economic

This study discusses what are the concepts of legal principles of negligence as a cause of compensation contained in the positive Indonesian Islamic economic law concerning the implementation of contracts for Islamic financial institutions that are studied in a qualitative-normative exploratory manner. This study indicates that there are six legal principles of negligence as a cause of compensation in the positive law of Indonesian sharia economy, namely: 1) carried out with careful consideration, 2) carried out appropriately, 3) carried out carefully, 4) business activities may not exceed permitted limits, 5) business activities must be in line with the provisions stipulated in the contract (not violating the agreement), and 6) negligence classified as intentional negligence and accidental negligence. While the legal principles of negligence contained in conventional law are currently more complete (11 principles of negligence) than those contained in the positive law of sharia economy (only 6 principles)

scholarly journals The Codification of Syar'i Norms in The Compilation of Sharia Economic Law

Rechtsidee ◽  
2017 ◽  
Vol 4 (1) ◽  
Author(s):  
Burhanuddin Susamto ◽  
Thohir Luth ◽  
Masruchin Rubai ◽  
Jazim Hamidi
Keyword(s):  
Fundamental Principle ◽  
Legal Research ◽  
Economic Law ◽  
Intended Purpose ◽  
Islamic Economic

It is a fact that  The Compilation of  Sharia Economic Law (CSEL) was arrangedfor a guiding of sharia principle in the settlement of Islamic economic disputes. As a guiding of sharia principle, ideally CSEL norms should contain the values of sharia as desired by God.The purpose of this article is to ascertain the level validity of CSEL norms when viewed from a sharia perspective. To achieve the intended purpose, the author used normative legal research  and  use the approach of theory fiqhmu’âmalâh iqtishâdiyah and fatwâ of DSN-MUI. From the analysis we know that CSEL norms has not  legitimized  the Islamic sharia as a fundamental principle formally, so consequently the existence of the norm seems to replace God's verses. Of the total norms in CSEL, there are  98.48% norms which has contained the shar'î values, while approximately 1.52% is still found problematic normsso they needs to be revised.

Pengadaan Vaksin Covid-19 Triwulan I Tahun 2021 di Indonesia Persfektif Hukum Ekonomi Syariah

2021 ◽  
Vol 4 (2) ◽  
pp. 260-279
Author(s):  
Kuryani Saputra ◽  
A. Kumedi Jafar ◽  
Muhammad Iqbal   Fasa
Keyword(s):  
Islamic Law ◽  
Law And Economics ◽  
Secondary Data ◽  
Data Sources ◽  
Literature Study ◽  
Economic Law ◽  
Trade Law ◽  
Import And Export ◽  
The Government ◽  
Islamic Economic

In the first quarter of 2021, Indonesia will purchase vaccines by importing COVID-19 vaccines from COVID-19 vaccine companies. Islamic Economic Law regulates the process of purchasing vaccines by importing Covid-19 vaccines, how transactions are completed, and aspects of the safety and halalness of Covid-19 vaccines. The purpose of this study was to determine the import contract of Indonesia's Covid-19 vaccine with halal guarantees and health aspects in accordance with sharia economic law. This research uses literature study method. The data analysis method used in this research is deductive analysis. The data collection method in this research is documentation. Sources of data used are primary and secondary data sources. The main data sources used in this study are COVID-19 vaccines, vaccine books, import and export of Islamic law and economics, Islamic law, trade law, and documents related to precedents contained in Islamic law. Sources of supporting data used in this research come from scientific studies, articles, and books that support the research topic. From the perspective of Islamic economic law, the purchase of the Covid-19 vaccine in Indonesia is included in the Salam sale and purchase contract. MUI has announced that the Covid-19 vaccine product is halal and multifaceted. In accordance with Presidential Regulation No. 99 regarding vaccine procurement and vaccination implementation in 2020, the current sales contract is in effect. For the Covid-19 pandemic, if there is a mandatory threat, the contract can be extended. Or cancel. The government guarantees the safety, type and quality of halal products as well as the effectiveness of the Covid-19 vaccine (namely the POM and MUI). The type of covid-19 vaccine with guaranteed halal products and an emergency use license is the type of vaccine from PT. Bio Farma (Persero), Sinovach Biontech Ltd, AstraZeneca.Keywords : vaccine procurement, covid-19 vaccine, salam contract

scholarly journals Fleksibelitas Hukum Ekonomi Syariah

2018 ◽  
Vol 1 (2) ◽  
pp. 161
Author(s):  
Murtadho Ridwan
Keyword(s):  
Literature Review ◽  
Islamic Law ◽  
Economic Law ◽  
The Law ◽  
Islamic Economic ◽  
The Times ◽  
To Receive

<p><em>This study aims to examine the flexibility of Islamic law in general and the flexibility of Islamic law in particular. This study is a literature review. Data is collected from various works that have been produced by the scholars and analyzed descriptively. The results of the study show that in general, Islamic law is divided into two types; First, Islamic law is static (fixed) and will not change, this type of law is based on Nash qath'i. Second, Islamic law that is flexible (dynamic) that can change according to the demands of the times, this type of law is based on the results of ijtihad. Many flexible laws are found in the law of muamalat (Islamic economics) and this has happened since the beginning of Islam. There are many examples of the flexibility of Islamic economic law, including: Umar stopped distributing the land from the war, even though the Messenger of Allah had distributed the land; Umar stopped the portion of the zakat property for the convert group even though they belonged to eight groups who were entitled to receive zakat shares; Umar made a policy to excise non-Muslim traders as big as Usyur (10%) and Dzimmah Expert traders by 5% when they entered the Islamic region; and Umar founded the Diwan (Baitul Mal) even though it never existed at the time of the Prophet.</em><strong><em></em></strong></p>

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