scholarly journals Kerjasama Bagi Hasil Akad Muzara’ah Kritik Putusan Pengadilan Agama Banyuwangi Nomor 3252/Pdt.g.2016/Pa.Bwi

2019 ◽  
Vol 7 (1) ◽  
pp. 72-94
Author(s):  
Mohamad Hoirul Anam
Keyword(s):  
Profit Sharing ◽  
Mediation Process ◽  
Legal Research ◽  
Cooperation Agreement ◽  
Applicable Law ◽  
For Profit ◽  
Land Owners ◽  
Dragon Fruit ◽  
Case Number

Abstrac: The agreement for profit sharing cooperation should be recorded in accordance with the applicable law so that it is mutually binding and does not result in fraud from either party either the violation or the betrayal of the cooperation agreement. This can be seen in Case Number 3252 / Pdt.G / 2016 / PA.Bwi. concerning cancellation of the muzara'ah contract. This research is a descriptive legal research, data collection is done by examining the lawsuit file, peace and the decision of the Panel of Judges. The results of this study, 1. The basis of the claim is the background of the denial or betrayal of one of the parties, namely land owners who feel jealous of land managers (cultivators) related to the harvest of dragon fruit. 2. The mediation process carried out based on PERMA No. 1 of 2016 concerning Mediation Procedures and Successfully Achieved an Agreement. 3. Legal products are Determination of case revocation.

scholarly journals Analysis of Umkm Cooperation Ratio in the Context of Musyarakah in Yogya Purwakarta Toserba Food Court

2019 ◽  
Vol 3 (2) ◽  
pp. 154-166
Author(s):  
Rachma Frattiwi
Keyword(s):  
Data Collection ◽  
Venture Capital ◽  
Qualitative Analysis ◽  
Profit Sharing ◽  
The Other ◽  
Cooperation Agreement ◽  
For Profit ◽  
Approach Method ◽  
Collaboration Agreement ◽  
Mutual Agreement

This research was conducted at the Yogya Purwakarta Toserba Food Court. The problem that occurred at the Yogya Purwakarta Toserba Food Court was that the concept of the collaboration agreement that was carried out tended to be wrong. The purpose of this study was first to determine the cooperation agreement undertaken by the UMKM with the "Yogya Rasa", namely the system of cooperation agreements for results. Cooperation agreement for profit sharing here is a cooperation agreement made by one party with another party. Where one party provides facilities or infrastructure in the form of a place in the form of a counter while the other party occupies the counter with a profit sharing system. second to find out the suitability of the Musyarakah contract concept. The cooperation agreement that has been carried out by the UMKM with the manager of Yogya Toserba Food Court is in accordance with the Syirkah Mudharabah concept in which this collaboration is carried out by the first party contributing capital and work at the same time while the second party only contributes only venture capital while profits are shared according to mutual agreement. This research uses descriptive qualitative analysis approach method. Data collection can be done by the method of observation, interviews and documentation

scholarly journals The Profit-Sharing System Between Landowners and Cultivators of Tobacco : Islamic Economic Law Perspective

2021 ◽  
Vol 43 (2) ◽  
pp. 110
Author(s):  
Dyah Ochtorina Susanti
Keyword(s):  
Profit Sharing ◽  
Final Part ◽  
Legal Research ◽  
Cooperation Agreement ◽  
Conceptual Approach ◽  
Economic Law ◽  
Production Sharing ◽  
Written Form ◽  
The Government ◽  
Islamic Economic

This research aims to find profit-sharing system between landowners and cultivators of tobacco based on Islamic Economic Law, so that it can be used by landowners and cultivators to cooperate in cultivating  tobacco fields. The method in this research using the normative legal research with the statute approach, and conceptual approach. The  results of the study in the form of 3 (three) forms of profit-sharing systems between landowners and tobacco cultivators according to Islamic economic law, which can be used, namely muzara'ah, mukhabarah, and musaqah. In the final part of this research, the researcher also provides advice to landowners and cultivators to put the cooperation agreement into written form, to prevent conflicts and disputes in the future. Further suggestions are addressed to the Government. The government needs to socialize the production sharing system in agriculture according to Islamic economic law.

scholarly journals BAGI HASIL USAHA KAPAL TAMBANG EMAS DI NAGARI KOTO TUO KABUPATEN SIJUNJUNG PRESPEKTIF FIQH MUAMALAH

2021 ◽  
Vol 2 (2) ◽  
pp. 119
Author(s):  
Ulfi Febrianti ◽  
Irma Suryani
Keyword(s):  
Gold Mining ◽  
Profit Sharing ◽  
Research Data ◽  
Data Sources ◽  
Primary Data ◽  
Cooperation Agreement ◽  
Land Owners ◽  
Ship Owner ◽  
Analysis Technique ◽  
Made In

This paper aims to explain the fiqh muamalah review of the contract agreement and the pattern of the profit sharing agreement system for gold mining vessels in Nagari Koto Tuo, Sijunjung Regency. This research is a qualitative research. Data collection techniques through interviews and observation. Primary data sources consist of land owners, ship owners and workers, as well as supporting data consisting of library data related to profit sharing. The data analysis technique used is descriptive qualitative analysis. This study found that the contract made in the gold mining ship business is a cooperation agreement. The contract takes place orally and in writing. First, the form of the contract in the gold mining ship business, the land owner and the ship owner are called syirkah and the ship owner with other investors is called syirkah mufawadah. Second, the form or method of managing the gold mining ship business, ship owners and workers, is called syirkah. Third, profit sharing in the gold mining ship business of land owners, ship owners, and workers is called syirkah mudharabah. However, their profit sharing system is a new profit sharing system, namely a profit sharing system based on their knowledge alone. Therefore, there is an element of ambiguity or gharar in the profit-sharing system that they do. However, this can still be done as long as there is an agreement.

scholarly journals ANALISIS SISTEM PENENTUAN BESARAN NISBAH BAGI HASIL PADA PRODUK DEPOSITO DI BANK MUAMALAT INDONESIA KCP SITUBONDO

2019 ◽  
Vol 13 (1) ◽  
pp. 155-172
Author(s):  
Ummal Khoiriyah
Keyword(s):  
Revenue Sharing ◽  
Profit Sharing ◽  
Applicable Law ◽  
For Profit ◽  
Branch Office ◽  
Percentage Ratio

Bank Muamalat Indonesia branch office Situbondo has a system for determining the amount of profit sharing ratio in deposit products with terms and conditions of deposits involved of depositing and refunding, bookkeeping, profit sharing, deposit termination, in line with applicable law and jurisdiction. Based on the results of the research, the system of determining the amount of profit sharing ratio on deposit products at Bank Muamalat Indonesia brach office Situbondo uses revenue sharing method. The method is still running in the application of profit sharing to customers which calculated based on the respective portion between depositors and bank. Characteristics of deposit products with the concept of profit sharing at Bank Muamalat Indonesia branch office Situbondo is the percentage ratio, for profit and for loss, collateral, determine the amount of ratio, how to resolve losses.

PENERAPAN ASAS KEADILAN PADA TRANSAKSI PENYIMPANAN DANA NASABAH DI BANK SYARIAH BERDASARKAN AKAD MUDHARABAH

2020 ◽  
Vol 5 (1) ◽  
pp. 1-12
Author(s):  
SITI NUR SHOIMAH
Keyword(s):  
Profit Sharing ◽  
Islamic Banking ◽  
Business Activity ◽  
Legal Research ◽  
Conceptual Approach ◽  
Islamic Bank ◽  
Principle Of Justice

ABSTRAK This research is motivated by the fact that it does not include clauses related to the risk of the Bank or the Customer in the mudharabah agreements in the customer deposit funds in Islamic Banking (Sharia Banking), if at any time the business of managing a Islamic Bank fund suffers, even though there are also Customer funds in the business, and it’s not balanced, because maybe only one party, the Customer or the Bank, bears the risk of loss. This imbalance then causes injustice, even though justice is a shariah requirement in the distribution of results from a business activity. Research that uses the normative legal research with the statute approach, and conceptual approach, results in the finding that the principle of justice in customer deposit funds in Islamic Banking based on mudharabah agreements is realized in the form of profit sharing system in the form of proportional and balanced benefits and risks.   Keyword: Principle of Justice, Mudharabah Agreements, Customer Deposit Fund, Islamic Banking   ABSTRAK Penelitian ini dilatarbelakangi oleh fakta yang menunjukkan tidak dicantumkannya klausul terkait resiko Bank ataupun Nasabah di dalam akad mudharabah pada transaksi penyimpanan dana Nasabah di Bank Syariah, apabila suatu ketika usaha dari pengelolaan dana Bank Syariah mengalami kerugian, padahal di dalam usaha tersebut juga terdapat dana Nasabah, dan ini tentu tidak seimbang, karena dimungkinkan hanya pihak Nasabah Penyimpan atau Bank Syariah yang menanggung resiko atas kerugian tersebut. Ketidakseimbang inilah yang kemudian menimbulkan adanya ketidakadilan, padahal keadilan merupakan persyaratan syari’ah dalam pembagian hasil dari suatu kegiatan usaha. Penelitian yang menggunakan metode normatif dengan pendekatan perundang-undangan dan pendekatan konseptual ini, menghasilkan temuan bahwa asas keadilan pada transaksi penyimpanan dana Nasabah di Bank Syariah berdasarkan akad mudharabah diwujudkan dalam bentuk sistem bagi hasil berupa keuntungan dan resiko secara proporsionalitas dan seimbang.        Kata Kunci:Asas Keadilan,  Akad Mudharabah, Penyimpanan Dana Nasabah, Bank Syariah  

Practical Application

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
Practical Application ◽  
Temporal Perspective ◽  
Applicable Law ◽  
The Law ◽  
Geographical Scope

This chapter analyses the practical application of the law of belligerent occupation in internationalized armed conflicts in its temporal, geographical, and personal dimensions. Firstly, from a temporal perspective, the law is shown to apply once one of the conflict parties consolidates its control over the enemy territory and substitutes its own authority for that of the displaced enemy. Secondly, the chapter assesses the geographical scope of the applicable law and draws specific guidelines for the determination of the territory subject to the law of occupation in various types of internationalized armed conflicts. Thirdly, the chapter endorses the allegiance-based approach to the designation of protected persons under the law of occupation and applies it to the reality of internationalized armed conflict. Overall, the chapter presents a workable toolkit for the application of the law of occupation to internationalized armed conflicts.

Significant choice-of-law interests and its impact on the formation of choice-of-law regulation in the field of intellectual property

2021 ◽  
pp. 186
Author(s):  
Svetlana I. Krupko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The State ◽  
Close Connection ◽  
Choice Of Law ◽  
Applicable Law ◽  
Advantages And Disadvantages ◽  
Special Rules

This article analyzes the choice-of-law interests of specific and potential participants in the relations of intellectual property rights and the state in order to establish the closest connection of the above type of relation with the state, whose law should be applied. Taking into account the directionality of significant choice-of-law interests, advantages and disadvantages of territorial and universal approaches, a theoretically based solution is proposed for the formation of a general choice-of-law rule on the law to be applied to the relation of intellectual property rights. It was revealed in the study that the diversity of the relations of intellectual property rights (their obligatory and non-obligatory, property and personal non-property nature, other differences in legal features) does not automatically generate a multidirectionality of significant choice-of-law interests that should be taken into account when establishing a close connection of the above type of the relation with the state for determination of applicable law, does not prevent the formation of a general choice-of-law rule for the relations of intellectual property rights in general and does not unequivocally testify in favor of the specialization of its binding. However, the diversity of the relations of intellectual property rights should be examined and evaluated for the feasibility and limits of exceptions from the general choice-of-law rule and the development of special rules for resolving certain private of the relations of intellectual property rights.

scholarly journals Pricing Linkage between Islamic Banking and Conventional Banking: The Case of Bangladesh

2016 ◽  
Vol 3 (4) ◽  
pp. 84
Author(s):  
Sarwar Uddin Ahmed ◽  
Ashikur Rahman ◽  
Samuel Parvez Ahmed ◽  
G M Wali Ullah
Keyword(s):  
Profit Sharing ◽  
Islamic Banking ◽  
Specific Rate ◽  
Islamic Banks ◽  
Loss Mechanism ◽  
Monthly Data ◽  
For Profit ◽  
Significant Difference ◽  
Conventional Banks ◽  
The Relationship

<p><em>Islamic banking is based on profit and loss mechanism where the use of interest is prohibited.  Unlike conventional banks, these banks do not charge a specific rate of interest, rather provides financing in exchange for profit sharing.  However, there are studies claiming that, in practice, Islamic banking is same as conventional banking with regard to the use of interest. It is also claimed that, Islamic deposits are not interest-free, but are closely attached to conventional deposits.  On this background, the objective of this study is to examine the relationship between pricing in Islamic banks vis-à-vis conventional banks by taking the case of Bangladesh. We have used monthly data during the period of 2009-2013. The findings of the study showed that, there is no statistically significant difference between the monthly average lending rates of Islamic banks and conventional banks. However, there is significant difference between deposit rates. The existence of causal relationship was inconclusive, and requires further analysis.</em></p>

Sign in / Sign up

Export Citation Format

Share Document