{"title":"THE REALITY OF SHARIA BANKING IN INDONESIA; CRITICAL ANALYSIS OF SHARIA ECONOMIC LAW PERSPECTIVE","authors":"Karimatul Khasanah, Nur Khikmah","doi":"10.30651/justeko.v6i2.14999","DOIUrl":"https://doi.org/10.30651/justeko.v6i2.14999","url":null,"abstract":" This article highlights the criticism directed at Islamic banks where many parties think there is no difference between Islamic banking and conventional banks. This assumption comes from at least three realities, firstly, Islamic bank capital comes from conventional banks, secondly, mudarabah which in its implementation, banks provide non-goods funds, and thirdly, Islamic bank products that use mudarabah in practice are different from the theory of mudarabah in classical fiqh. The perspective of Islamic economic law is appropriate to be used to answer these problems. The type of research used in this paper is normative legal research. The data sources used in this paper are primary data in the form of laws and Islamic legal literature. The type of approach in this paper is a conceptual approach, the concept intended is the theories that exist in Islamic law, specifically the theory of mixing halal and haram, the concept of mudharabah and murabahah according to fiqh. This study uses a qualitative method with a literature review approach (library research). The results of the study conclude that Islamic banking capital originating from conventional banks does not damage the contracts made by Islamic banking. Murabahah and mudarabah contracts which in their application are different from classical fiqh theory are actually forms of contract innovation because they adapt to current needs and as a form of embodiment of the principles that exist in sharia economic law.","PeriodicalId":402140,"journal":{"name":"Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115336593","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"KONTRAK MURABAHAH PADA PRAKTIK LEMBAGA KEUANGAN SYARIAH DAN PROBLEMATIKANYA","authors":"Tuah Itona","doi":"10.30651/justeko.v6i2.14371","DOIUrl":"https://doi.org/10.30651/justeko.v6i2.14371","url":null,"abstract":"Murabahah contracts are the most dominant transactions in financing contracts at Islamic Financial Institutions, because they are more consumptive in nature. The customer uses a murabahah contract with credit or installment financing by paying agreeing to the time defined in the initial contract agreement, but since the COVID-19 epidemic has commanded a biggish bump on the economy in the country, government, financial institutions, and the lower middle class especially those who have difficulty earning income and even employees who are laid off from their jobs. So that the financing agreement that was previously implemented becomes problematic because of bad credit financing. This study discusses how to deal with murabahah credit financing during the pandemic and how government policies minimize these problems. The breed of this exploration is archive exploration, the analysis applied in this research is qualitative and descriptive analysis, the data collection method uses the observation method. The results showed that in financing murabahah loans that were problematic during the pandemic, the government issued a policy through Financial Services Authority Regulation Number 48/POJK.03/2020 concerning Amendments to Financial Services Authority Regulation Number 11/POJK.03/2020 concerning National Economic Push as a Contracyclical Policy for the Impact of the Converlet of Corona Virus Disease 2019. In which there is one strategy by implementing credit restructuring or in this case financing as a rescue Try not to get worse and makes it difficult to resolve customer incompetence.","PeriodicalId":402140,"journal":{"name":"Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117069121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Analisis Merger Bank Syari’ah Indonesia (BSI) Dalam Perkembangan Perbankan Syari’ah Di Indonesia","authors":"Mariyatul Qibtiyah, F. Wicaksono","doi":"10.30651/justeko.v6i2.15265","DOIUrl":"https://doi.org/10.30651/justeko.v6i2.15265","url":null,"abstract":"Research entitled \"Analysis of the Merger of Indonesian Syari'ah Bank (BSI) in the Development of Syari’ah Banking in Indonesia\" is motivated by the proliferation of news on television, social media, advertisements, and socialization carried out by related banks. This reason makes the author interested in conducting Research on the merger of Indonesian state-owned Syari’ah banks. The merger of the state-owned Syari’ah banks consists of BRI Syariah, Mandiri Syariah Bank, and BNI Syari'ah, while the Government as the owner. Through the Ministry of SOEs represented by SOE Minister Erick Thohir has initiated the merger of Syari’ah banks under his Ministry since 2020 by actively coordinating with related institutions. On February 1, 2021 the merged bank can be inaugurated and start operating under a new name, namely Bank Syari'ah Indonesia (BSI). Besides this study aims to find out more in depth whether the merger have a positive impact on the development of Syari’ah banking in Indonesia. From the results of the author's analysis of the performance achievements of BSI and also the performance achievements of Syari’ah banking in Indonesia, it is proven that it can improve the performance of Syari’ah banking. Specifically, the improvement can be seen in terms of assets, CAR, ROA, financing, profitability, efficiency, additional office networks and number of employees, while reducing NPF and BOPO. Therefore, it can be concluded that the merger of Bank Syariah Indonesia (BSI) has made a positive contribution to the development of Syari’ah banking in Indonesia, and especially for Bank Syari'ah Indonesia (BSI) itself. ","PeriodicalId":402140,"journal":{"name":"Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114236768","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"KONSEP WAKAF DALAM TRANSAKSI HUKUM EKONOMI SYARI’AH MENURUT PEMIKIRAN M.ABDUL MANNAN","authors":"Nailatus Sa'adah Haqiqiah, Ayiguli Yunus","doi":"10.30651/justeko.v6i2.14338","DOIUrl":"https://doi.org/10.30651/justeko.v6i2.14338","url":null,"abstract":" M. Abdul Mannan is a Muslim thinker who was born in 1938, he is one of the economic thinkers in the contemporary era. His intelligence in criticizing the thoughts of various economic figures associated with Islamic law such as waqf, determines the basic economic function, which consists of consumption, production and distribution. As a scientist and academic, one of his most popular works is Islamic Economics: Theory and Practice. So from his prowess in economic thought, this paper will describe some of M.Abdul Mannan's thoughts related to economic problems, especially in the field of waqf transactions. This writing uses a descriptive method using library research, namely literature review from several book sources as well as other scientific journals. Through this paper, it can be seen some of the thoughts of M. Abdul Mannan. The conclusions drawn from this paper are the basic economic function applied by Abdul Mannan based on Islamic law which rejects antisocial and there are several operational steps, and the waqf sector Abdul Mannan said that cash waqf is better to involve Islamic banks as organizers because it is felt to managed in a transparent and accountable manner","PeriodicalId":402140,"journal":{"name":"Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123407911","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"FAKTOR YANG MENENTUKAN MUZAKKI BERDONASI KEMBALI DI LEMBAGA ZAKAT","authors":"Abdul Basit, Muhammad Jaenudin, R. Ratnasari","doi":"10.30651/justeko.v6i2.15407","DOIUrl":"https://doi.org/10.30651/justeko.v6i2.15407","url":null,"abstract":"This study aims to determine the muzakki's factors to re-donate in LAZNAS IZI. In addition, this study also wants to know the effect of service quality factors and the institution's reputation on the intention to re-donate at LAZNAS IZI. This study uses multiple linear regression by testing the effect of the Independent variables (X) on the Dependent variable (Y). There are four independent variables, namely Service Quality (X1), Reputation (X2), Attitude (X3), and Trust (X4). The dependent variable used is Intention to Redonation (Y). Primary data were obtained from questionnaires distributed to 97 IZI Zakat Institution donors who had donated more than once. From this research, it can be seen that Service Quality partially influences the interest to donate Back to IZI Zakat Institution. While Reputation, Attitude, and Trust partially have no effect. However, simultaneously all variables affect the interest of donors to re-donate to LAZNAS IZI. This study can be used by LAZNAS IZI as a reference to maintain several variables that are factors that donors are willing to redonation. In addition, variables that do not have a direct effect need to be developed with other variables together to have an effect and increase the donor's intention to redonation. The addition of the number of respondents and LAZ studied can also enrich the results of subsequent studies","PeriodicalId":402140,"journal":{"name":"Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125965338","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"ANALISIS KONSEP AKAD MURABAHAH DAN AKAD RAHN DALAM PRODUK EMAS ANTAM PADA PEGADAIAN SYARIAH CABANG SOLO BARU MENURUT HUKUM EKONOMI SYARIAH","authors":"Siti Nur Asia, Rizka Rizka, Imron Rosyadi","doi":"10.30651/justeko.v6i1.12540","DOIUrl":"https://doi.org/10.30651/justeko.v6i1.12540","url":null,"abstract":"Abstrak Penelitian ini dilakukan dengan tujuan untuk menganalisis konsep murabahah dan rahn pada produk emas Antam pada Pegadaian Syariah cabang baru solo dan menganalisis kesesuaian penerapan murabahah dan rahn dengan Fatwa DSN-MUI, jenis penelitian ini adalah deskriptif kualitatif dengan pendekatan fenomenologi, teknik pengumpulan data dalam penelitian ini adalah observasi, wawancara dan dokumentasi. Teknik analisis data menggunakan reduksi data, penyajian data, dan penarikan kesimpulan. Hasil penelitian ini menunjukkan bahwa: 1) Konsep murabahah dalam penjualan produk emas Antam di Pegadaian Syariah Cabang Solo Baru mengandung konsep murabahah lil amiir bis syria', yaitu konsep pembiayaan yang mendominasi praktik keuangan Lembaga Keuangan Syariah. dibandingkan dengan konsep pembiayaan lainnya. Kemudian ada dua bentuk murabahah, yaitu: murabahah bersama dengan rahn (pembelian emas dengan sistem angsuran) dan murabahah bersama dengan wakalah (pembelian emas yang diwakili). 2) konsep rahn akad qardh dengan jaminan emas Antam di cabang baru pegadaian syariah solo memiliki tiga akad, yaitu: qard dalam pemberian pinjaman, kemudian rahn dalam memegang agunan emas, dan ijarah sebagai jasa pemeliharaan bagi yang digadaikan. barang-barang. 3) pelaksanaan murabahah dan rahn sesuai dengan Fatwa DSN MUI, baik Fatwa No.04/DSN-MUI/IV/2000 tentang murabahah maupun Fatwa No.25/DSN-MUI/III/2002 tentang rahn. Kata kunci: Konsep, Murabahah, Rahn, Produk Emas Mulia, DSN MUI.","PeriodicalId":402140,"journal":{"name":"Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah","volume":"148 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116635425","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"KONSEP AL-QUR’AN DAN HADIST TENTANG RIBA DAN BUNGA BANK","authors":"Meriyati Meriyati, Sarah Lutfiyah Nugraha","doi":"10.30651/justeko.v6i1.11209","DOIUrl":"https://doi.org/10.30651/justeko.v6i1.11209","url":null,"abstract":"Riba is an activity of exploitation and does not use the concept of ethics or morality. Allah SWT forbids transactions that contain elements of usury, this is due to oppressing others and the presence of elements of injustice (unjustice). Since pre-Islamic usury has been known and even often carried out in daily economic activities. At the time of the Prophet Muhammad SAW usury began to be prohibited with the revelation of the verses of the Qur'an which stated the prohibition of usury, these verses were revealed according to the time and period of the revelation of the verse until there was a verse that strictly forbade it. The practice of usury is not only prohibited by Islam, but religions outside of Islam also prohibit it. The scholars agreed and stated firmly about the prohibition of usury, in this case referring to the Book of Allah and the Sunnah of the Prophet as well as the consensus of the scholars. Broadly speaking, there are two types of usury, namely usury due to accounts payable and usury due to buying and selling. The modernists view usury as emphasizing the morality aspect, not the formal legal aspect, but they (the modernists) do not allow usury-taking activities. Islam has forbidden usury in QS Ar Rum: 39, An Nisa ': 160 - 161, Ali Imran: 130 - 131, and Al Baqarah: 275 - 280.Keyword: Riba, the Law of Riba, the Qur'an and Hadith ","PeriodicalId":402140,"journal":{"name":"Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132526812","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"APLIKASI SADD ADZ-DZARI’AH DALAM PERKEMBANGAN EKONOMI ISLAM","authors":"Andi Nurul Islamiah","doi":"10.30651/justeko.v6i1.12091","DOIUrl":"https://doi.org/10.30651/justeko.v6i1.12091","url":null,"abstract":"Prowth Islamic economy at the present time, there needs to be special attention related to the construction process, in which each stage of the process should pay attention to the good and bad, bring benefit or harm in the development of Islamic economics in accordance with the rules ofSharia. In line with the application of sadd adz-dzari'ah in the development of Islamic economics at the time, present it is necessary to pay attention to the law syara' and the rules of fiqh. This study aims to determine how good and bad sadd adz-dzari'ah . are when applied in the development of Islamic economics today. The method used is to use literature study (library research) with an approach descriptive then analyzed using the method Milles and Huberman with the stages of data reduction, data presentation and conclusions or verification . The results showed that the application of sadd adz-dzariah in the current development of Islamic economy is very vulnerable to lead to actions that cause damage/loss (mafsadah). Keywords: Sadd Adz-dzari'ah, Sadd Adz-dzari'ah Application, Islamic Economics","PeriodicalId":402140,"journal":{"name":"Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130417863","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Sofiah Sofiah, Tri Wahyu Rizkiya, Anas Ma'ruf Annizar
{"title":"MODEL PERSAINGAN PASAR MONOPOLISTIK DALAM PENENTUAN HARGA OBAT PADA MASA PANDEMI COVID-19","authors":"Sofiah Sofiah, Tri Wahyu Rizkiya, Anas Ma'ruf Annizar","doi":"10.30651/justeko.v6i1.12304","DOIUrl":"https://doi.org/10.30651/justeko.v6i1.12304","url":null,"abstract":"Competition between pharmacies is increasing, especially during the pandemic, so they have to compete with each other for marketing strategies. The purpose of this study is to describe the determination of drug prices and income levels during the pandemic. The type of research used is descriptive with a qualitative approach. The results showed that the determination of drug prices at Kraksaan pharmacies in three pharmacies in the city had different standards. In determining drug prices, pharmacies use the HET standard or commonly known as the highest retail price. However, there are also pharmacies that have their own standard price with a percentage of the purchase price with an agreed number and have an agreed price at the beginning of the VAT price. At the kraksaan city pharmacy, there are a number of drugs that are above HET and below HET with additional margins that have been determined at each pharmacy. In addition, income at pharmacies in the city of Kraksaan has increased more during the COVID-19 pandemic. This is due to a number of factors, one of which is the condition of society during the pandemic. When people experience complaints, they will buy drugs at pharmacies, therefore income at pharmacies has increased during the pandemic","PeriodicalId":402140,"journal":{"name":"Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128301150","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"EKSEKUSI JAMINAN DALAM PEMBIAYAAN MURABAHAH PADA BANK UMUM SYARIAH","authors":"Robiah Awaliyah, Abdul Mujib","doi":"10.30651/justeko.v6i1.12746","DOIUrl":"https://doi.org/10.30651/justeko.v6i1.12746","url":null,"abstract":"This article is a library research with research data sources sourced from primary and secondary sources. The primary data sources in this study are the Qur'an, hadith, laws, and fatwa. While the secondary sources are books, journals, theses, websites and others. The data analysis method used is a qualitative-descriptive analysis method. One of the financing contracts used by prospective customers to Islamic banks in meeting customer needs is murabahah. Murabahah is a term in Islamic jurisprudence which means a certain form of buying and selling when the seller states the cost of acquiring the goods, including the price of the goods and other costs incurred to obtain the goods, and the desired level of profit (margin). In supporting the continuity of the murabahah contract, Islamic banks need guarantees to minimize risk, for customers who break their promises. Efforts to resolve customer problems in murabahah financing are carried out in 2 (two) stages, namely rescue efforts and settlement efforts. The final solution if the customer has not been able to pay off the debt is by executing the collateral, either by taking over the collateral by the bank, selling it voluntarily or selling the collateral through auction.Keywords: Murabaha, Guarantee, execution","PeriodicalId":402140,"journal":{"name":"Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah","volume":"73 29","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120885695","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}