scholarly journals THE MU’ALAMAH DROPSHIPPING SYSTEM: ISLAMIC ECONOMIC PERSPECTIVE

2021 ◽  
Vol 2 (1) ◽  
pp. 12-23
Author(s):  
Hendri Hermawan Adinugraha ◽  
Mukhtarom Mukhtarom ◽  
Ali Muhtarom
Keyword(s):  
Research Method ◽  
Economic Perspective ◽  
Legal Provision ◽  
Legal Norms ◽  
Library Research ◽  
The Law ◽  
Islamic Economic

This research aims to explain the mu’alamah dropshipping system from an Islamic economic perspective. This study uses a literature or library research method which is sourced from authoritative data and sources, such as books and journals that are still relevant to the focus and discussion of this research. The results of the study concluded that allowing transactions that continue to develop in progress in the economy as long as they do not violate and do not contradict Islamic principles, dropshipping transactions which have now become a custom in society are allowed as long as the perpetrator understands the procedures for transactions, because the system is vulnerable and leads to the cancellation of a contract, namely selling goods that do not belong to him, and the development of technology greatly influenced the development of legal edicts that urged them to be issued. However, on many sides, with the legal norms that have been summarized by previous scholars by looking at the equality of legal ‘illat, it can be found that fast and precise legal answers can be found to determine the law in every legal event for which there is no clear legal provision in al- Qur'an and as-Sunnah.

scholarly journals Penerapan Hukum Terhadap Tindak Pidana Pembunuhan Dengan Sengaja Merampas Nyawa Orang Lain (Studi Kasus Nomor Putusan 616/Pid.B/2015/PN. Lbp)

2020 ◽  
Vol 2 (1) ◽  
pp. 9-15
Author(s):  
Martinus Halawa ◽  
Zaini Munawir ◽  
Sri Hidayani
Keyword(s):  
Research Method ◽  
Human Life ◽  
Field Research ◽  
Deterrent Effect ◽  
Criminal Offense ◽  
Legal Norms ◽  
Library Research ◽  
Ratio Decidendi ◽  
The Law ◽  
Human Association

A fact that in the association of human life, individuals and groups, there are often deviations from the norms of his life, especially known legal norms. Where in mutual human association, this deviation of legal norms is referred to as a criminal offense. In recent years there has been more and more crime against human souls in society. The research method used in this study is the Library Research and Field Research. Judge's consideration or Ratio Decidendi is an argument or reason used by the judge as a legal consideration that becomes the basis before deciding a case. In practice before this juridical consideration is proven, the judge will first withdraw the facts in the trial that arises and constitute the cumulative conclusions of the witnesses' statements, the defendant's statements, and the evidence. The application of the law in this case to the murder case is legitimate while in reasonable terms because the application of the law must be in accordance with what was done by the perpetrators because the deterrent effect that is expected in the application of this law is very important.

scholarly journals The Arisan of Qurban in Islamic Economic Perspective

2021 ◽  
Vol 6 (1) ◽  
pp. 85
Author(s):  
Syarial Dedi
Keyword(s):  
Islamic Law ◽  
Design Method ◽  
Qualitative Approach ◽  
Economic Perspective ◽  
Analysis Techniques ◽  
Library Research ◽  
Social Gathering ◽  
The Law ◽  
Islamic Economic ◽  
Method Approach

Purpose: This research aims to answer the practice of qurban social gathering that has recently developed in society. There are two interesting things that need to be discussed; the first, in the arisan to conduct the lottery, Islam views the lottery as identical with gambling and the law is strictly forbidden. The second, social gathering is essentially a debt, while qurban worship is obligatory on people who can afford it. Obviously the debtor can't afford it. The conclusions, it was concluded that social gathering is generally classified as a mu'amalat activity that contains elements of mutual assistance. This activity has never been mentioned in the Qur'an or hadith directly, the law refers to the law of origin of mu'amalah, which is permissible. Design/Method/Approach: This research is a library research with a qualitative approach, and uses content analysis techniques with the ushul al-fiqh framework.Findings:He turns into haram, if it contains elements of usury, fraud and causes losses to other parties. The essence of arisan is debt, while qurban worship is borne by capable servants as the characteristics of Islamic law are not burdensome. The leaving worship beyond one's ability is not a sin.Originality/Values:

scholarly journals PENGATURAN TINDAK PIDANA DALAM UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP (Tinjauan Fiqh Al- Bi’ah)

2017 ◽  
Vol 6 (2) ◽  
pp. 173
Author(s):  
Muhammad Ridwansyah
Keyword(s):  
Environmental Protection ◽  
Research Method ◽  
Environmental Governance ◽  
Environmental Law ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Legal Norms ◽  
Criminal Sanctions ◽  
The Law ◽  
The Government

The setting of environmental law in Indonesia has started to improve since the Law Number 32 of 2009 on Environmental Protection and Management contains criminal act for every person who violates the provisions. It is stated in Article 98, 99, 100. This research method is a library or literature research which is conducted to gather secondary data in the field of environmental law and fiqh al-bi’ah. This research is normative law research while the nature of this research is descriptive analysis. It aimed to give a systematic illustration on legal norms that was found in law number 32 of 2009 and environmental fiqh accurately and the criminal sanctions review used in both arrangements. In this study there were two questions first, how is the arrangement of criminal act in Law No. 32 of 2009 on Environmental Protection Management. The second is whether the concept of fiqh al bi’ah is in line with Law No. 32 of 2009 on Environmental Protection Management. The result from this study is that the criminal act contained in the Law No. 32 of 2009 on Environmental Protection Management has not been enough to trap the environmental destroyer so that the government is expected to revise the unsuitable articles. Furthermore, the result of this research shows the similarity concept between fiqh al bi’ah and environmental governance in Indonesia. The concept offered by fiqh al bi’ah is a part of maqashidul syari’ah where Islam strongly recommended to maintain the environment. Keywords: environment, Fiqh Al-Bi’ah, Maqashidul Syari’ah

scholarly journals Foreign Direct Investment Dalam Pembangunan Ekonomi Indonesia Perspektif Ekonomi Islam

2021 ◽  
Vol 4 (1) ◽  
pp. 60-69
Author(s):  
Lira Zohara
Keyword(s):  
Foreign Direct Investment ◽  
Direct Investment ◽  
Significant Contribution ◽  
Research Data ◽  
Economic Perspective ◽  
Technology Transfers ◽  
Library Research ◽  
Other Information ◽  
Alternative Sources ◽  
Islamic Economic

Indonesia is a development country that requires a large amount of funds to carry out development. To encourage development, Indonesia receives domestic and foreign financing. FDI (Foreign Direct Investment) is one of the alternative sources of funds in increasing development in Indonesia. FDI is a type of foreign investment that makes a significant contribution through asset transfers and management, as well as technology transfers that can boost the Indonesian economy. Investment in Islam is an activity based on this because of the investment, assets will be more productive and useful for others. The objective achieved in this study is to review how FDI in development is viewed from an Islamic economic perspective. In this study using the Library Research method, which is a study that utilizes library sources to obtain research data. Data obtained from books, papers or articles, magazines, journals, web (internet) or other information related to the title.

scholarly journals AYAT-AYAT KEBEBASAN BERAGAMA DALAM PERSPEKTIF NASAKH: KAJIAN TERHADAP PENAFSIRAN IBN KATHÎR DAN RASHÎD RIDÂ

MUTAWATIR ◽  
2018 ◽  
Vol 6 (2) ◽  
pp. 284-313
Author(s):  
Moh Abdul Kholiq Hasan
Keyword(s):  
Comparative Analysis ◽  
Research Method ◽  
Religious Freedom ◽  
Religious Life ◽  
Library Research ◽  
The Creation ◽  
The Law

This article aims to find out how the opinion of IbnKathîr and Rashîd Rid}a about naskh in the Qur’an? How did IbnKathîr and Rashîd Rid}a interpret the verses about religious freedom that were claimed to be annulled? And what are the implications for the interpretation of texts about religious freedom? The research method is a library research, with the object of religious freedom verses claimed to be annulled in the book of IbnKathîr and RashîdRid}â. Using the descriptive-analytical and comparative analysis with Hermeneutics Romansis Friedrich Daniel Ernst Schleiermacher approach, the article argues thatIbnKathîr acknowledges the existence of naskh in the Qur’an, but not everything said as annulled is received by him. While Rashîd Rid}a rejects the theory of naskh in the Qur’an. Related to interpretation, IbnKathîr and Rashîd Rid}a reject the opinion of naskh against the verses of religious freedom. Though Rashîd Rid}a seems more emphatically for his refusal. Being the most important implications are that the verses of religious freedom are fundamental and universal, so it is impossible for them to be annulled; the need for change in the paradigm of the law lapsed; and the creation of a peaceful religious life.

scholarly journals Mediation on Industrial Relation Dispute and Its Relation With Relative Authority in The Legal Proceedings Process

Humaniora ◽  
2016 ◽  
Vol 7 (2) ◽  
pp. 263
Author(s):  
Iron Sarira
Keyword(s):  
Research Method ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Mediation Process ◽  
Legal Proceedings ◽  
Positive Law ◽  
Mutual Engagement ◽  
Library Research ◽  
The Law ◽  
Resolution Processes

Industrial Relations or Employment in the Indonesia legal system is based on Law No 13 of 2003 on Employment, and the Law No 2 of 2004 concerning Industrial Relations Dispute Settlement. The industrial relations are expected to be harmonious and give positive mutual engagement in the effort to support the development of Indonesian society and to improve the welfare of the Indonesian people, especially the workers or the labors. The desired goal is still far from the expectations if seeing the practice of industrial relations. The aim of the research was to get a better understanding of the practice and theory following the laws which regulated the procedures of employment as well as technical aspects. The research method applied was library research. There was some positive law approaches related to this research, which consisted of several rules as the normative law, such as Law No 2 of 2004, Act Number 30 of 1999, and PERMA No 1 of 2008. The research finds that the dispute of industrial relations as mentioned in Article 4 PERMA No 1 of 2008, Article 8 of Law No 2 of 2004, and Article 136 paragraph (2) of Act 13 of 2003. It explains and requires the mediation process before going into the courts of first instance (in this case is the Industrial Relations Court). The mediation process is led by a mediator who has the authority to conduct industrial relations dispute resolution processes in their jurisdiction. Industrial relations mediator does not have the authority to process the industrial relations dispute if the case territory is not located within its jurisdiction. As for, the relative authority of this provide an understanding that mediator aims to resolve disputes in industrial relations must apply the principle of locus delictus as a manifestation of its authority under the jurisdiction of the law. 

scholarly journals Al-Manhâj al-Fiqhî ‘Inda Jamâ’ah “Muassah al-Da’wah al-Islâmiyah al-Indûnîsiyah” (Lembaga Dakwah Islam Indonesia) wa Âtsâruhu Fî Istinbâth al-Ahkâm al-Syar’iyyah

2022 ◽  
Vol 16 (2) ◽  
pp. 558-594
Author(s):  
Moh. Abdul Kholiq Hasan ◽  
Iskandar Dzulkarnain ◽  
Muh. Nashirudin
Keyword(s):  
Content Analysis ◽  
Research Method ◽  
Structured Interviews ◽  
Legal Decisions ◽  
Sharia Law ◽  
Library Research ◽  
The Law ◽  
The Government ◽  
The Right ◽  
Descriptive Qualitative

Indonesian Islamic Da’wa Institution or Lembaga Dakwah Islam Indonesia (LDII) tends to embrace exclusivity and takfiri ideology. This article attempts to reveal the fiqh manhaj (method) that LDII employs and its influences on the legal decisions LDII takes by employing the library research method in descriptive qualitative type. The content analysis in tandem with document triangulation and structured interviews were applied to investigate the textual references LDII uses. The findings indicate that LDII employs a fiqh manhaj called manqul. This influences the law istinbath of LDII. Mandatory to remain in the congregation (jamaah), taking the oath of allegiance to the leader of the jamaah, the claim by the jamaah leader of the right to construct sharia law, license to lie, and takfiri are some controversial products of the manqul. With takfiri as the most dangerous product of the manqul, it befalls the government of Indonesia to watch over this jamaah. اشتهرت مؤسسة الدعوة الإسلامية الإندونيسية أو ما يسمى بـــ LDII بتكفيرها على جميع المسلمين سوى جماعتهم. وتهدف هذه الدراسة لمعرفة أصل المنهج الفقهي عند هذه الجماعة وآثاره في استنباط الأحكام الشرعية عندهم. واعتمدت الدراسة على منهج البحث الوصفي التحليلي، بطريقة تحليل المحتوي أو ما يسمى بــ (content analysis). وقد توصلت الدراسة إلى القول بأن أصل المنهج الفقهي عند هذه الجماعة هو ما يسمى بـ"المنقول". وإن لهذا المنهج الفقهي أثار كبير في استنباط الأحكام الشرعية عند هذه الجماعة. ومن بينها: لزوم الناس لجماعتهم، وجوب البيعة لإمامهم، وجوب الإنفاق، ادعاء إمامهم أن لهم حقّ في تشريع الأحكام، إباحة التقية أو الكذب على الآخرين. ومن أخطر هذه المخالفات تكفيرهم لجميع المسلمين ممن ليسوا من جماعتهم. لأن هذا الاستنباط له أثر سيئ لوحدة الشعب، ولذا على حكومة إندونيسيا أن تتنبه دائما تجاه هذه الجماعة المنحرفة.

Model Pengembangan Zakat Produktif di Masjid Jami’ Al-Baitul Amien Jember sebagai Pemberdayaan Ekonomi Umat

2019 ◽  
Vol 1 (2) ◽  
pp. 113-130
Author(s):  
Achmad Faqih Supandi
Keyword(s):  
Economic Development ◽  
Human Resources ◽  
Research Method ◽  
Qualitative Approach ◽  
Economic Empowerment ◽  
Economic Perspective ◽  
Small Communities ◽  
Strategic Location ◽  
Islamic Economic

This research focuses on models, concepts, practices and the role of the Mosque-Based Economy in the perspective of Islamic economics in the Masjid Jamik Al Baitul Amien in improving Community Welfare. The purpose of this study is to describe the models, concepts, practices and roles of mosque-based economics in the perspective of Islamic economics in the Masjid Al-Baitul Amin Jember. This research method uses a qualitative approach with a descriptive type, this is because researchers want to describe the Model of Mosque-Based Economic Development in the Islamic Economic Perspective at the Jamik Al-Baitul Amien Mosque in Jember Regency 2015. The results of the study show that the economic economic model of the Ummah uses financing or the provision of facilities by providing funds in accordance with sharia principles. To support investments that have been planned based on an agreement between the institution and other parties, financed by the concept of optimizing productive Zakat or better known as micro business loans without interest that can burden small communities, so that people can meet their economic needs. Then the capabilities possessed by the Jami Mosque 'Al-Baitul Amin Jember are professional human resources, strategic location, adequate infrastructure and sufficient facilities for the economic empowerment of the Ummah.

Islamic Economic Redefinition and its Methodology Among Contemporary Thinkers

2020 ◽  
Vol 1 (1) ◽  
pp. 7-17
Author(s):  
Abi Suar ◽  
Meirson Meirison ◽  
Zerly Nazar
Keyword(s):  
Economic Crisis ◽  
Scientific Knowledge ◽  
Analytical Methods ◽  
Research Method ◽  
Core Concept ◽  
Basic Assumptions ◽  
Library Research ◽  
Islamic Economic ◽  
Definition Of ◽  
Unity Of Knowledge

  Abstract: The Islamic economic crisis from an epistemological perspective has been going on in recent years, based on many Islamic economic figures' writings. Monzer Kahf argues about Islamic economics's definition that there is no agreement among Muslim economists about the definition of Islamic economics, its scope, its relation to conventional economics, analytical methods and instruments, and even some of its basic assumptions. They view that the Islamic economy epistemologically still needs to be studied, while this Study, which has been going on for 40 years, seems to be running in place. In this Study, researchers used a library research method. This aims to reveal the redefinition of Islamic economics from contemporary economists, the methodological crisis that has hit Islamic economics, and the urgency of developing Islamic economics methodology among contemporary thinkers. The essence of the urgency of developing methodologies and approaches in Islamic economics is tawhid. The central or core concept that permeates all aspects of the epistemology of Islamic economics is tawhid. Tawhîd is the essence of Islam; tawhîd is considered the unity of knowledge and can be broken down into sources, methods and scientific knowledge. Knowledge comes from Allah's revelations to His Prophet, and reasoning, perception, and empiricism. Because of al-Attas, God's first type of knowledge is through direct revelation. The second is through the speculation of rational investigations based on his experience of the plausible and understandable.  

scholarly journals LEGAL PROTECTION OF EMPLOYEES / WORKERS WHO EXPERIENCED EMPLOYMENT RELATIONSHIP IMPACT DIGITALIZATION

2020 ◽  
Vol 7 (3) ◽  
pp. 211
Author(s):  
Haingo Rabarijaona ◽  
Devina Arifani
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Employment Relationship ◽  
Legal Research ◽  
Severance Pay ◽  
Legal Norms ◽  
Technological Advances ◽  
The Law ◽  
The Impact ◽  
Modern Era

This journal describes labor problems that arise as a result of technological advances in the modern era, one of which is due to digitalization. This results in termination of employment by employers to workers even without severance pay. The purpose of this paper is to find out how the law regulates the rights and legal protection of workers who have been laid off. The research method used is the normative legal research method. This method examines law normatively by looking at the law from an internal perspective where the object of research is to use legal norms where there is still a vagueness of norms in legal protection for workers due to layoffs due to the impact of this digitization. The final result of this research is that the rights of workers who are laid off are contained in Article 150 to Article 172 of Act No. 13 of 2003 concerning Manpower. Legal protection for workers / laborers due to the impact of digitization is contained in Article 164 Paragraph (3) of the UUK with legal protection in the form of severance pay, awarding money or service fees during the work period of the worker.

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