scholarly journals Implementasi Akad Murabahah Pada Produk Pembiayaan Kredit Pemilikan Rumah (KPR) di Bank Syariah Mandiri KC Bojonegoro Menurut Hukum Ekonomi Syariah

Author(s):  
Anis Muhtarom

This study discusses about how the implementation of the murabahah bil wakalah contract theory on mortgage products in the Bank Syariah Mandiri KC Bojonegoro is seen from the perspective of Sharia Economic Law. The scope of this research is limited to the following issues: (1) How is the implementation of the murabahah contract on mortgage loans in Bank Syariah Mandiri KC Bojonegoro? (2) How is the implementation of the murabahah contract on mortgage loan products in the Bojonegoro KC Mandiri Syariah Bank according to the Sharia Economic Law? This research includes the type of field research. Because this research was conducted at Bank Syariah Mandiri KC Bojonegoro. This research is a qualitative descriptive study because in this study the author will focus the discussion on legal facts in the form of the implementation of financing between banks and customers with murabahah contracts which will then be continued with a comparative analysis of the legal facts referred to as sharia economic law theories. This is intended to test the compatibility between legal theory and the legal practice in question.The results of this research include: (1) The mechanism that must be taken to be able to receive financing for Public Housing Loans from Bank Syariah Mandiri KC Bojonegoro, is carried out through predetermined stages including: (a) submission; (b) BI checking / IDeb (debtor information); (c) the implementation of collateral estimates; (d) determination of ceilings; (e) Imputing data into a computer system; (f) approval of the official for mortgage loans; (g) Issuance of SP3 (Letter of Notification of Financing Approval); (h) Implementation of the contract which is attended by prospective customers, banks and notaries; (i) Disbursement. As for the agreements made between prospective customers and banks, there are elements as follows: (a) Contracting parties; (b) Sighat or iqab qabul akad murabahah; (c) Contract object. The object of the contract referred to in the housing loan product is a new or used house; (d) Nature of contract. Agreements are made clearly, both concerning objects, ceilings, time periods, contract places, financing nominal, margin obtained by the bank, and principal installments. In the event of default or bad credit where the customer is late in paying the installments, the bank's contribution will take the following steps: (a) Intensive billing; (b) Provision of Warning Letters 1, 2 and 3; (c) A restructuring offer (if the customer is pleased), ie installments are adjusted to the customer's ability and large at the end; (d) Voluntary guarantee selling offers; (e) Guaranteed auction. In a condition where the customer is not willing to carry out a contract restructuring, the bank offers that the auction of assets is a guarantee of the akah murabahah. As for the auction, the bank cooperates with a secret auction agency. (2) The implementation of housing loan financing with a murabahah contract in Bank Syariah Mandiri KC Bojonegoro is not in accordance with Sharia Economic Law originating from Law Number 21 of 2008 concerning Islamic Banking, MA Regulation Number 2 of 2008 concerning Compilation of Sharia Economic Law and DSN-MUI fatwa Number 4 of 2000 concerning Murabahah. Keywords: Contract, Murabahah bil Wakalah, KPR, BSM, Sharia Economic Law. 

Author(s):  
Mahmud Mahmud ◽  
Warsidi Warsidi

This study aims to prove empirically that the transaction contract and the mechanism of Sharia mortgages loan financing are carried out at BTM Mulia, Babat, Lamongan in accordance with Islamic sharia principles. This is a qualitative descriptive research, where which is focused on the study of legal actions (tasarruf), namely the implementation of mortgage loan financing at BTM Mulia with customers using murabahah contracts, and this is also called as a field research which data collection is carried out at KSPPS BTM Mulia, Babat, Lamongan. The results of this study are: (1) The implementation of the Sharia mortgages loan financing contract in BTM Mulia is in accordance with the theory of the contract which has been stipulated in Sharia Economic Law, both based on the DSN-MUI fatwas and Sharia Economic Law Compilation. (2) The implementation of Sharia mortgages loan financing (KPR) at BTM Mulia, Babat, Lamongan is in line with the sharia principles contained in Sharia Economic Law, which includes the principle of : 1). Tauhid : because the implementation of financing in BTM Mulia is not merely oriented towards the acquisition of economic benefits but more than that is to the spirit of help between human beings, 2). Justice : because there are no elements of gharar, maysir, and usury, and there are clear rights and obligations between the customer and BTM Mulia, 3). Benefit and Maslahah : because of the clear benefits and goodness, 4). Ta'awun : because if there are customers who have difficulty in installment payments, the BTM provides an extension of time for these customers to have the ability to repay their debt, 5). Khilafiyah or compliance with government regulations : because in terms of the contract procedures implemented, the mechanism that is carried out, as well as the method of resolving problems in the event of a dispute with the customer, BTM Mulia uses regulations that have been determined in Sharia Economic Law.Keywords: Sharia Principles, Transaction, Credit, Houses, BTM Mulia


2017 ◽  
Vol 15 (1) ◽  
pp. 21
Author(s):  
Haryo Suganda ◽  
Raja Muhammad Amin

This study is motivated the identification of policies issued by the regional Governmentof Rokan Hulu in the form of Regulatory region number 1 by 2015 on the determination of thevillage and Indigenous Village. Political dynamics based on various interests against themanufacture of, and decision-making in the process of formation of the corresponding localregulations determination of Indigenous Villages in the Rokan Hulu is impacted to a verysignificantamount of changes from the initial draft of the number i.e. 21 (twenty one) the villagebecame Customary 89 (eighty-nine) the Indigenous Villages who have passed. Type of thisresearch is a qualitative descriptive data analysis techniques. The research aims to describe theState of the real situation in a systematic and accurate fact analysis unit or related research, aswell as observations of the field based on the data (information). Method of data collectionwas done with interviews, documentation, and observations through fieldwork (field research).The results of the research on the process of discussion of the draft local regulations andmutual agreement about Designation of Indigenous Villages in the Rokan Hulu is, showed thatthe political dynamics that occur due to the presence of various political interests, rejectionorally by Villagers who were judged to have met the requirements of Draft Regulations to beformulated and the area for the set to be Indigenous Villages, and also there is a desire fromsome villages in the yet to Draft local regulations in order to set the Indigenous village , there isa wide range of interests of these aspects influenced the agreement to assign the entire localVillage which is in the Rokan Hulu become Indigenous village, and the village of Transmigrationinto administrative Villages where the initiator of the changes in the number of IndigenousVillages in the Rokan Hulu it is the desire of the local Government of its own.


2021 ◽  
Vol 16 (1) ◽  
pp. 152-182
Author(s):  
Ahmad Arif Masdar Hilmy ◽  
Ria Cahyaning Utami

The determination of the dowry in the marriage of the people of Karangsono Village was originally based on the rules of Islamic law, namely by using the principles of convenience, lightness, and simplicity. However, people's lives that are never stagnant make them always interact with each other, thus forming a new concept of dowry determination in the community. The purpose of this article is to determine the description and implementation of the concept of the dowry class in the community marriage of Karangsono Village and to review it using the perspective of the social construction theory. This field research used a qualitative descriptive method and data analysis used Berger and Luckmann's social construction theory. Data were collected through document study, interviews, and observations. This research resulted in conclusions: (1) The concept of the dowry class in the community marriage of Karangsono Village is based on the classification of the prospective bride, which is seen from the status of a virgin or widow, her beauty, and age. The higher the quality of the woman, the higher the dowry she can get, (2) The determination of the dowry in Karangsono Village has undergone a social construction based on three simultaneous processes. The externalization process is illustrated through adaptation to religious texts and life being experienced. The process of objectivation here gives birth to new meanings, which are manifested in the actions of the wider community so that they become objective facts. The process of internalization is illustrated by the affirmation in the consciousness experienced subjectively.(Penentuan mahar dalam perkawinan masyarakat Desa Karangsono mulanya didasarkan pada aturan hukum Islam, yakni dengan menggunakan asas kemudahan, keringanan dan kesederhanaan. Namun kehidupan masyarakat yang tidak pernah stagnan, membuat mereka selalu berinteraksi satu sama lain, Tujuan artikel ini ialah untuk mengetahui deskripsi dan implementasi konsep kelas mahar dalam perkawinan masyarakat Desa Karangsono, serta ditinjau menggunakan perspektif teori konstruksi sosial. Penelitian lapangan ini menggunakan metode deskriptif kualitatif dan analisis datanya menggunakan teori konstruksi sosial Berger dan Luckmann. Pengambilan data dilakukan melalui studi dokumen, wawancara dan observasi. Penelitian ini menghasilkan beberapa kesimpulan: (1) Konsep kelas mahar dalam perkawinan masyarakat Desa Karangsono ialah berdasarkan klasifikasi yang dimiliki calon pengantin perempuan, yakni dilihat dari status perawan atau janda, paras kecantikan dan usianya. Semakin tinggi kualitas yang dimiliki perempuan, maka semakin tinggi pula mahar yang bisa didapatkannya, (2) Penentuan mahar di Desa Karangsono telah mengalami konstruksi sosial berdasarkan tiga proses simultan. Proses eksternalisasi tergambar melalui adaptasi dengan teks-teks keagamaan dan kehidupan yang sedang dialami. Proses objektivasi disini melahirkan pemaknaan baru, yang termanifestasikan ke dalam tindakan-tindakan masyarakat luas sehingga menjadi kenyataan objektif dan biasa dilakukan dalam kehidupan sehari-hari. Proses internalisasi tergambar oleh penegasan dalam kesadaran yang dialami secara subjektif dan pentransferan akan pengetahuan tentang makna-makna objektif)


2020 ◽  
Vol 40 (2) ◽  
pp. 87
Author(s):  
Uky Firmansyah Rahman Hakim ◽  
Rima Fadillah

<p>Anak autis merupakan seseorang yang memiliki gangguan komunikasi, yang membuat penderitanya tidak mampu mengadakan interaksi sosial dengan baik. Sehingga keberadaan anak autis masih dipandang sebagai orang lain di masyarakat. Padahal, anak autis mampu melakukan komunikasi, meskipun komunikasi yang dilakukan berbeda dengan orang non-autis. Kaitannya dengan dakwah, anak autis seharusnya mampu menerima pesan-pesan dakwah, sehingga penelitian mengenai anak autis dari sudut pandang mad’u dakwah sangat penting untuk dilakukan. Penelitian ini dilakukan di SLB Autis Jalinan Hati Payakumbuh dengan tujuan mengetahui tentang apakah anak autis dapat digolongkan sebagai mad’u dakwah, dan bagaimana perkembangan sosial dan komunikasi anak autis sehingga ia mampu menerima pesan dakwah. Melalui penelitian lapangan (<em>field research</em>), penelitian ini menggunakan metode kualitatif yang bersifat deskriptif, data diperoleh dari wawancara, observasi dan dokumentasi. Hasil penelitian menujukan bahwa (1) dilihat dari pengertian dan kriteria mad’u, anak autis dapat digolongkan sebagai mad’u dakwah; (2) anak autis memiliki pola komunikasi interpersonal yang berbeda dengan anak non-autis, dalam perkembangannya ia tetap mampu melakukan komunikasi dengan orang lain, baik mengirim ataupun menerima pesan, melalui 3 tahapan, yaitu <em>the</em> <em>own agenda stage </em>(tahapan perkembangan komunikasi yang mendasar)<em>, </em><em>the requester stage</em><em> </em>(perkembangan komunikasi mengalami kemajuan yang baik, tetapi masih terbatas)<em>, </em>dan<em> </em><em>the early communication stage</em><em> </em>(tahapan kemampuan berkomunikasi sudah lebih baik).</p><p>Child with autism is someone who has a communication disorder, which makes the sufferer unable to have good social interactions. So that the existence of autistic children is still seen as another person in society. In fact, autism can communicate, even though communication is different from non-autism. With regard to da'wah, autism should be able to receive da'wah messages, so research on autism from the point of view of mad'u da'wah is very important to do. This research was conducted at SLB Autism Jalinan Hati Payakumbuh to know whether autism can be classified as mad'u da'wah, and how the social development and communication of autism so that they can receive da'wah messages. Through field research (field research), this study uses qualitative descriptive methods, data obtained from interviews, observation and documentation. The results show that (1) seen from the definition and criteria of mad'u, autism can be classified as mad'u da'wah; (2) autism has different interpersonal communication patterns from non-autism, in their development they are still able to communicate with other people, either sending or receiving messages, through 3 stages, namely the own agenda stage (basic stages of development of communication) , the requester stage (communication development has progressed well, but is still limited), and the early communication stage (the stage of communication skills is better).</p>


2021 ◽  
Vol 6 (1) ◽  
pp. 68-74
Author(s):  
Dimas Tragari Eldo Widodo ◽  
Anindya Bidasari ◽  
Suciati Suciati

The background of this research is that the determination of Customs collection on Liquid Personal Vaporizer can be concluded that the government has found an answer to the debate that has been happening in Indonesia regarding the prohibition of Personal Vaporizer. As for the formulation of the problem in this research is How the Implementation of “Law No. 39 of 2007” concerning Customs for other tobacco processing products in the form of Liquid Personal Vaporizer, How is the solution or legal remedy in the process of implementing Customs on other tobacco processed products in the form of Liquid Personal Vaporizer which is not equipped with Customs stamps. The type of research in this research is sociological juridical which in other words is a type of sociological legal research and can also be called field research, which examines the applicable legal provisions and what happens in reality in society. While the dataVanalysis technique uses a qualitative descriptive method. The conclusion obtained by the researchers from the results of this research is that although most of them are regulated by ministerial regulations, the application of Customs for HPTL products in the form of Liquid Personal Vaporizers is still based on Law No.39 of 2007 concerning Customs for all regulations related to the application of Customs. And also the legal settlement for Liquid Personal vaporizer that is not equipped with Customs stamps in the Malang Customs Customs KPPBC area using non-penal channels for the settlement.


Author(s):  
Abdul Rahman

AbstractIn either sharia banking or non-banking institutions, murabahah contract becomes an integral part of other products. Murabahah akad is a contract of sale and purchase of goods between a bank and a customer, which the bank notifies a cost of goods and increase the mutually agreed benefits. While the Educational Murabahah Akad in UJKS Annuqayah refers to the UJKS Annuqayah provides goods that support the learning process of education, such as needs of motorcycles, laptops, books and LCD projectors, and its payments was payed in installments and the UJKS Annuqayah do not add profit.In this study, the problems were as follows: first, what is the meaning of murabahah contract and the types of murabahah contract in the UJKS Annuqayah, second, how is the implementation of murabahah contract on education financing in the UJKS Annuqayah, third how is the review of Islamic economic law against murabahah agreement on education financing in the UJKS Annuqayah. While the purposes of were to understand and to describe akad murabaha on financing education in the UJKS Annuqayah, to understand the application of murabaha education, to understand and to describe the perspective of Islamic economic law towards the application of murabahah akad on education in the UJKS Annuqayah.The method used qualitative descriptive with field research approach, which is the study examined the theories that have been developed in the field of science related to the problems, looked for methods and research techniques both in collecting data and analyzing research that has been used by former researcher. The data was analyzed by using deductive theory. While the key informant was the director of UJKS Annuqayah, and the supporting informants were the head office of UJKS Annuqayah, the head office of women's payment point, the financing section, the payment section and the teller of UJKS Annuqayah.The results showed that the UJKS Annuqayah has 3 murabaha products; the murabahah business, the murabahah basic needs and the murabaha education. In murabahah education financing, the UJKS Annuqayah do not get a profit, but the UJKS gets cashback from deller divided between the UJKS Annuqayah and customer. According to the review of Islamic economic law, it is permissible because it is in accordance with Islamic legal principles based on the Imam Syafi'ie perspective and implemented with the principles of justice, no despotic action, mutual agreement and transparency on management. This is justified by Islam because it is spared of riba and gharar. Keywords       : murabahah akad, education financing, UJKS Annuqayah


Author(s):  
Muhammad Muhammad Zubaidi ◽  
Suhartono Suhartono

ABSTRACTThis research discusses and analyzes the mechanism of using Brizzi E-money issued by BRI Bank Blora Branch Office, as well as the perspective of Sharia Economic Law on the use of the card mechanism. Especially the electronic payment instruments issued by Bank BRI namely E-Money Brizzi. This research not only examines law theoretically, but also looks at it from the practice and application side in the field. This type of research is field research, namely research activities carried out at BRI Bank Blora Branch Office. The research approach which used is a qualitative descriptive research approach, which is an approach used to understand the phenomena about what is experienced by the subject and object of research.The results of this study concluded that the use of Brizzi E-money cards had met the legal and legal requirements for consent. In addition, when viewed from the aspect of cases that in validate the legality of the sale and purchase law, the use of Brizzi e-money cards in the sale and purchase transaction does not include elements that cancel the sale and purchase such as elements of gharar, maysir, and usury. The deduction of administrative funds due to transactions using the Brizzi e-money card has a similarity to the wakalah bil ujrah system in Sharia Economic Law. However, base on the results of the analysis conducted by the author, it is found that th euse of Brizzi e-money cards is not in accordance with the theory of wadi'ah dueto the unfulfillment of conditions and harmony in theuse, alsois not in line with the concept of wadi'ah yad amanah and wadi ' ah yad dhamanah from the aspect of the burden of responsibility for the party entrusted. Besides that, the use of Brizzi e-money cards is also not in accordance with the qardh theory. This is because in addition to not fulfilling one of the pillars and qardh validity requirements, also in the qardha fter the contract is said, the goods or asset swhich become the object of qardh automatically be come the property of the party receiving the loan. Where as in the system of using Brizzi e-money cards, the electronic money that is on the card after being deposited to the bank remains the property of the card holder. Keywords: E-Money, Brizzi, Sharia Economic Law, BRI Bank


2019 ◽  
Vol 2 (2) ◽  
pp. 131-142
Author(s):  
Muhammad - Hamdi

Abstrak: Tujuan dari penelitian ini adalah untuk mendeskripsikan praktek jual beli lisensi paytren di Kantor Paytren Cabang Surabaya dan mendeskripsikan tinjauan Hukum Ekonomi Islam tentang praktek jual beli lisensi paytren di Kantor Paytren Cabang Surabaya. Jenis penelitian ini adalah penelitian lapangan (field research) dengan metode penelitian deskriptif kualitatif. Metode pengumpulan datanya yaitu observasi, interview dan dokumenter. Adapun keabsahan data menggunakan teknik trianggulasi. Hasil penelitian yang telah dilakukan: 1) Praktek jual beli lisensi paytren di Kantor Paytren Cabang Surabaya adalah mendownload aplikasi dan membukanya, meng-klik login dan daftar, membayar Rp 350.000,-, memberitahukan nomer ID supaya diberi nomor serial lisensi, lalu memasukkan nomer tersebut, registrasi, membaca ketentuan, dan konfirmasi data aktifasi aplikasi, maka aplikasi paytren bisa difungsikan, terafiliasi dengan beberapa program paytren dan berpeluang mendapatkan income dengan menjalankan bisnisnya. 2) Menurut Hukum Ekonomi Islam, praktek tersebut dikategorikan Bai‘ al-Manāfi‘ ‘alā al-Ta’bīd (jual beli manfaat secara permanen) yang hukumnya sah. Dikategorikan Bai‘ al-Manāfi‘ ‘alā al-Ta’bīd karena objek transaksi adalah manfaat dari lisensi, bukan mendapatkan suatu benda. Penjualnya adalah PT. Veritra Sentosa Internasional (Treni) yang diwakilkan kepada Kantor Paytren Cabang Surabaya dengan Wakālah bil ’Ujrah. Perihal ṣīghah, mitra berucap “ini aku bayar biaya pendaftarannya Rp 350.000,”. Lalu sponsor berucap “ini nomor serialnya, silahkan dimasukkan”. Pada akad Bai‘ al-Manāfi‘ ‘alā al-Ta’bīd, ucapan tersebut sudah mencukupi sebagai sīghah, sebab maksudnya “ini nomor serialnya, silahkan dimasukkan” adalah aku menjual hak kemanfaatan lisensi paytren. Kata Kunci : Jual Beli, Lisensi Paytren dan Hukum Ekonomi Islam ABSTRACT The aims of the study are to describe the factual practices of paytren license trading in Surabaya Paytren Headquarter Office and to describe the review of islamic economic law dealing with the factual practices of paytren license trading in Surabaya Paytren Headquarter Office. The study was conducted through field research design by applying qualitative descriptive study. The data were collected through observation, interview and documentation. Triangulation was used to check the validity of the data. The research findings are: 1) The factual practice of paytren license trading in Surabaya Paytren Headquarter Office was done by downloading the application and then opening it, clicking login and register, paying Rp 350.000,-, mentioning ID number to get the license serial number, then entering the number, doing registration, reading the terms and condition, and confirming the data activation through the application, then the application of paytren could be functioned, affiliated with several paytren program and gave an opportunity to earn income by running the bussiness. 2) Based on the islamic economic law, such practice was categorized into Bai‘ al-Manāfi‘ ‘alā al-Ta’bīd (permanent benefit of trading) which was sahih (valid). It was categorized such way because the object of the transaction was the benefit of the license, not getting goods. The seller was PT. Veritra Sentosa Internasional (Treni) which was represented by Surabaya Paytren Headquarter Office with Wakālah bil ’Ujrah. Dealing with the utterance (ṣīghah) , the partner said “I pay the registration fee Rp 350.000,”. Further, the sponsor told him “This is the serial number, please enter it”. On the agreement (akad) of Bai‘ al-Manāfi‘ ‘alā al-Ta’bīd, those utterance had been completed as sīghah, because “This is the serial number, please enter it” meant that I had sold the right of benefit principle of paytren license. Keywords:      trading, paytren license, islamic economic law


2020 ◽  
Vol 5 (2) ◽  
pp. 223
Author(s):  
Dwi Putra Jaya ◽  
Hurairah Hurairah

Abstract: The purpose of this research is clarity which can make it easy for Mustahiq (beneficiaries) to find business capital by borrowing capital at BAZNAS (The National Zakat Board) of Bengkulu City and the results of this study can be used as material for further study to produce legislation regarding the rights of Mustahiq in existing regulations. It is field research using qualitative descriptive methods. Descriptive research is to analyze the data that the author has obtained, the author uses a comparative analysis method, namely research that aims to systematically, factually, and accurately compare facts, situations or events in the field. From the results of research on the effectiveness of zakat funds received by the community, a total of eight asnaf (a Muslim person who is entitled to receive zakat and fitrah) received professional zakat assistance, those who are, fakir (a Muslim person who (a) has no property or income; or (b) has property or income but does not reach fifty per cent of the kifayah limit of himself and his dependants), poor, fisabilillah (the struggle, efforts and activities for the purpose of upholding and propagating the religion of Islam),  mu'allaf (a call for individuals who are non-Muslims or non-Muslims who have the hope of converting to Islam or those who are new to Islam whose faith still needs to be supported and reinforced), and musafir (traveler), as well as productive zakat for small traders in advancing their business. The distribution of productive zakat given by BAZNAS of Bengkulu City through the "Program" to mustahik in the Bengkulu City area can improve two factors of Mustahik's welfare. Keywords: productive zakat; mustahik.


2020 ◽  
Vol 5 (2) ◽  
pp. 301
Author(s):  
Laila Farhat ◽  
Marnas Marnas

This research was conducted to analyze the pricing policy set by the housing developer PT. Nasaliansyah Jambi, which aims to determine the selling price of sales proceeds. This research is a qualitative descriptive study that describes the determination of the selling price of the house by the developer of PT. Nasaliansyah Jambi, with survey methods and field research. The results of the study prove that by increasing the number of orders and the amount of income received by the housing developer PT. Nasaliansyah Jambi in 2015 amounted to 90 units until 2018 to a total of 420 housing units sold. Price affects the choice of type of house purchased by consumers. The selling price of a house is influenced by the price of the materials that will be used to build a house. Likewise, promotional costs affect sales volume, the greater the promotion costs, the higher the sales volume of houses in PT. Nasaliansyah Jambi.


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