{"title":"Multi Akad dalam Aplikasi Mobile Banking Bank Syariah Indonesia Perspektif Fiqh Muamalah","authors":"Muhamat Nur Maarif, Sirajul Munir","doi":"10.21043/tawazun.v5i1.13811","DOIUrl":"https://doi.org/10.21043/tawazun.v5i1.13811","url":null,"abstract":"The ease of service provided by Islamic banking has become increasingly advanced. One of them is a mobile banking service owned by Bank Syariah Indonesia under the name BSI Mobile, where customers will get various conveniences of service facilities with just one application downloaded using Play Strore for Android and the App store of IOS (Iphone Operating System) users. Mobile services and various contracts that have innovated are the basis for the author to examine the validity of contracts carried out by customers, where the purpose of this study is to examine hybrid contracts contained in BSI Mobile. The author uses an empirical juridical approach, combining primary data and data in the field so that the suitability of theory and practice at Bank Syariah Indonesia is found. Based on the results of this study, there are new products in Islamic Banking contained in BSI Mobile. Most of BSI Mobile products actually contain several contracts so it is necessary to apply sharia principles, especially in terms of their conformity with contracts.","PeriodicalId":403481,"journal":{"name":"TAWAZUN : Journal of Sharia Economic Law","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130317574","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":"Program Paket Masa Depan BPTN Syariah Perspektif Fiqh Muamalah","authors":"Fathul Khair","doi":"10.21043/tawazun.v4i1.10194","DOIUrl":"https://doi.org/10.21043/tawazun.v4i1.10194","url":null,"abstract":"Until 2018, BTPN Syariah's profits have reached Rp. 7.27 trillion and making BTPN Syariah one of the largest Islamic commercial banks (BUS) in Indonesia. This is due to BTPN Syariah's main product, Paket Masa Depan (PMD) program. However, in the implementation of the PMD program in Depok's mobile marketing Syariah (MMS) Sleman district, some parties do’t understand the contents of the PMD contract so they think PMD financing was the same as loans that benefit from interest. This research is a field research. This research aims to describe and analyze BTPN Syariah PMD program in MMS Depok muamalah fiqh perspective. Data collection in this study was obtained from interviews, observations, and documentation. The results of this study are the implementation of PMD in MMS Depok not in accordance with company regulations and fiqh muamalah. PMD implementation mistakes at MMS Depok namely; does not submit a murabahah contract, so that carrying out financing raises the perspective of interest loans; the customer deviates from the use of funds that are’t in accordance with the agreement; the object of the contract in financing is money, not goods; predetermined financial ceiling; and customers cannot withdraw their wadiah savings at any time but by ordering and can only be compile by routine meeting sentra.","PeriodicalId":403481,"journal":{"name":"TAWAZUN : Journal of Sharia Economic Law","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127430161","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":"Monkey Business Practices on The Selling of “Janda Bolong” Plants in Indonesia: A Review of Islamic Economic Philosophy","authors":"Hendri Hermawan Adinugraha","doi":"10.21043/tawazun.v4i1.10144","DOIUrl":"https://doi.org/10.21043/tawazun.v4i1.10144","url":null,"abstract":"The sale and purchase of the “Janda Bolong” plant which was busy in the midst of the Covid-19 pandemic at a very fantastic price, which was then suspected to contain monkey business practices. So this study aims to describe a review of the Islamic economic philosophy of monkey business practices in the “Janda Bolong” plants sale and purchase transaction. The research method used is a qualitative research method with the type of library research using a deductive approach. The results of this study indicate that the practice of buying and selling that occurs in the object of the plant “Janda Bolong” is a type of monkey business with objects that are not commonly practiced. The “Janda Bolong” plant sale and purchase transaction contains a fasid (damaged) contract, where the contract is in accordance with the Sharia but in the nature of the contract there is a problem. The price formation process that occurs in it is also unfair, so it is not in accordance with Islamic law. In Islamic economic philosophy, the practice of monkey business in buying and selling the “Janda Bolong” plant is not allowed. Because it denotes the essence of the creation of humans on earth, namely as a caliphate by processing the available resources in order to achieve happiness in this world and the hereafter.","PeriodicalId":403481,"journal":{"name":"TAWAZUN : Journal of Sharia Economic Law","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126645629","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":"Al-Ahkam: Kategori dan Implementasi","authors":"Dhaifina Fitriani","doi":"10.21043/tawazun.v4i2.10673","DOIUrl":"https://doi.org/10.21043/tawazun.v4i2.10673","url":null,"abstract":"Shari'a law is an order from Allah Swt that is related to the actions of mukallaf, whether in the form of demands, choices, or making something as a cause, condition, barrier, valid, null, rukhsah, or 'azimah. The law revealed by Allah Swt to humans aims for the benefit and safety of humans both in this world and in the hereafter. We will get this salvation if we obey Allah's laws consistently. The laws of Allah Swt that must be obeyed are in the nature of definite and undefined orders, orders to leave work with certainty and orders to leave work uncertainly such as whether to leave or not, and sometimes Allah SWT's law is optional. Sharia law 'is divided into taklifi law and wadh'i law. Taklifi law is a law that contains orders to be done or to be abandoned by mukallaf or which contains a choice between being done and left. There are five taklifi laws, namely obligatory, sunnah, permissible, makruh, and haram. While wadh'i law is a law that makes something as a cause for another, or a condition for something else or as a barrier for something else. Which includes the wadh'i law there are seven, namely cause, condition, barrier (mani'), rukhsah, azimah, and valid (al-Shihhah) and null (al-Buthlan). The judge (shari') is Allah Swt. Therefore all Muslims agree that the judge (source of law) is Allah Swt, so the applicable law is the law of Allah Swt.","PeriodicalId":403481,"journal":{"name":"TAWAZUN : Journal of Sharia Economic Law","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127810978","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":"Peran Arbitrase di Bank Syariah dalam penyelesaian Sengketa","authors":"Ulfa Hasanah","doi":"10.21043/tawazun.v4i2.10697","DOIUrl":"https://doi.org/10.21043/tawazun.v4i2.10697","url":null,"abstract":"The Indonesian muamalah arbitration board was officially established on October 21 1993. Based on the decision letter of the Indonesian Ulama Council no. Kep/09/MUI/XXI/2003 dated December 24, 2003, in the name BAMUI was changed to the National Sharia arbitration body (BASYARNAS). The application of arbitration as a dispute resolution in Islamic banks through the national Sharia arbitration board is a research called normative juridical. Every sharia bank activity must comply with the fatwa of the National Sharia Council of the Indonesian Ulema Council, as well as the resolution of disputes in sharia banks. The National Sharia Arbitration Board has procedural regulations in accordance with the provisions of law number 30 of 1999 concerning arbitration and alternative dispute resolution.","PeriodicalId":403481,"journal":{"name":"TAWAZUN : Journal of Sharia Economic Law","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114319228","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":"Pengaruh Saham Syariah dan Sukuk yang Terdaftar di JII Terhadap Produk Domestik Bruto (PDB) Indonesia Tahun 2015-2019","authors":"Rissa Lizah Susanti","doi":"10.21043/tawazun.v4i2.11364","DOIUrl":"https://doi.org/10.21043/tawazun.v4i2.11364","url":null,"abstract":"The background of this research is a phenomenm of Islamic economic financial which is the instrument of bursary effect. It focuses on the grow sharia stock and sukuk that leads to product domestic bruto (PDB) of certain contry. In this research sharia stock and sukuk as independent variables and product domestic bruto (PDB) as dependent variables. The object of this research is a secondary data from panel data of sharia stock and sukuk from 2015 to 2019. A quantitative method with association approach was chosen as the method of this research and also used doubled linear regression with Eviews 11 programme. The results showed that the sharia stock variables has sig value equal to 0,2409 (p>0,05) in partially, and it mean that it does not affect to the product domestic bruto (PDB) variables. Meanwhile the sukuk variables has sig value equal to 0,000 (p<0,05), and it affect the product domestic bruto (PDB) variables. And in the simultaneously results showed if sharia stock and sukuk variable have sig value equal to 0,000 (p<0,05), it mean affectd the product domestic bruto (PDB) variables. Furthermore through the R Square test (R2), sharia stock and sukuk variables affect 91% of the product domestic bruto (PDB) variables and is 9% affected by other variables that does not included in this research.","PeriodicalId":403481,"journal":{"name":"TAWAZUN : Journal of Sharia Economic Law","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128490410","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":"Perspektif Hukum Ekonomi Syariah: Kebijakan Pemerintah Dalam Mengatasi Perekonomian Masa Pandemic Covid 19","authors":"Eni Kusrini","doi":"10.21043/tawazun.v4i2.10492","DOIUrl":"https://doi.org/10.21043/tawazun.v4i2.10492","url":null,"abstract":"Pandemic covid 19 is increasingly significant in Indonesia, so the economy is unstable. This is caused by paralysis of activities in all dimensions of life so that the economy is completely paralyzed. Government policy is needed to be able to survive in the covid pandemic 19, so as to suppress the rate of inflation and the community is able to survive in the midst of the economic crush in accordance with Islamic economic law studies. Islamic scientific studies in the realm of sharia macroeconomics need to be carried out in order to be able to suppress and even overcome the problems that occur in the State of Indonesia today. How the government efforts are able to work together with all the various communities able that this outbreak is able to be overcome and not prolonged.","PeriodicalId":403481,"journal":{"name":"TAWAZUN : Journal of Sharia Economic Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127773930","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":"Aspek Hukum Perusahaan Penyelenggaraan Angkutan Umum Berbasis Teknologi Informasi","authors":"Siti Mariyam, Markus Suryoutomo","doi":"10.21043/tawazun.v4i2.10419","DOIUrl":"https://doi.org/10.21043/tawazun.v4i2.10419","url":null,"abstract":"This paper aims to find out how the legal aspects of companies operating special rental transportation are regulated based on the Regulation of the Minister of Transportation (Permenhub.) of the Republic of Indonesia Number 118 of 2018 which is amended by Permenhub. Number 17 of 2019. Transportation is the movement of people or goods from one place to another by using a vehicle in the road traffic room. The information technology system-based transportation adapum is a mode of transportation in the form of legal entities and micro-enterprises or small-scale business actors connecting from one place of origin to one's destination, where the ordering method uses an information technology system and the amount of the fare is listed in the application. Companies in the form of legal entities in the form of Limited Liability Companies, BUMN, BUMD, and Cooperatives as well as micro business actors or small business actors established in accordance with the provisions of laws and regulations. The form of this special rental transportation company is not in accordance with Law Number 22 of 2009 and Article 79 of Government Regulation Number 74 of 2014 concerning the Implementation of Public Transportation.","PeriodicalId":403481,"journal":{"name":"TAWAZUN : Journal of Sharia Economic Law","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121828538","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":"Akad Mudharabah Muthlaqah pada Deposito Kaffah di Bank Sumsel Babel Syariah","authors":"Dian Pertiwi","doi":"10.21043/tawazun.v4i2.11096","DOIUrl":"https://doi.org/10.21043/tawazun.v4i2.11096","url":null,"abstract":"Application of Mudharabah Muthlaqah on mudharabah deposits, the depositor or depositor acts as the owner of the funds (shahibul maal) and the bank acts as the manager of the funds (mudharib). The customer as the owner of the funds (shahibul maal) cannot provide certain limitations or requirements to the Islamic bank as the fund manager (mudharib) in managing their investment, whether related to the place, method or object of investment. Customers will get benefits in the form of profit sharing on deposits where the bank distributes profit sharing to customers with a ratio that has been agreed at the beginning and get results at maturity every month which goes directly to the customer's account. If there is a deposit payment before maturity, the bank will impose a fine on the customer in accordance with the bank's policy. Islamic banks have rights and freedoms in the mudharabah business. Profits from various sectors that are expected by Islamic banks to be profitable.","PeriodicalId":403481,"journal":{"name":"TAWAZUN : Journal of Sharia Economic Law","volume":"14 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113956951","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":"Tinjauan Kelembagaan Dewan Pengawas Syariah dari Aspek Nomenklatur, Kedudukan di Lembaga Perbankan dan Remunerasi","authors":"Abdul Aziz","doi":"10.21043/tawazun.v4i1.8736","DOIUrl":"https://doi.org/10.21043/tawazun.v4i1.8736","url":null,"abstract":"DPS is a key institution that ensures the operational activities of sharia financial institutions are in accordance with sharia principles. In order to streamline the implementation of DPS duties, efforts are needed to increase knowledge of banking operations, as well as the intensity of its involvement in outreach programs for local residents. In practice, there are still many problems that cause the supervisory aspect not to be optimal as expected. This is caused by several factors, both internal and external. This study aims to determine the institutional review of DPS in terms of nomenclature, position in banking institutions and remuneration. The research method used in this research is literature review sourced from books, articles, internet and opinions of experts in accordance with the discussion. In according to the nomenclature, DPS in Indonesia would be more appropriate to use the term Sharia Advisory Board instead of the Sharia Supervisory Board. Meanwhile, in terms of position in banking institutions, DPS should only be allowed to serve in one financial institution so as not to create a conflict of interest between one financial institution and another. Whereas in terms of remuneration, it should be that which determines and provides remuneration to DPS is the association of sharia financial institutions such as the Association of Indonesian Sharia Banks (ASBISINDO), the Association of All Indonesian BMTs (ABSINDO), and others so as not to cause objectivity in implementation of duties because it will inevitably be biased in making decisions.","PeriodicalId":403481,"journal":{"name":"TAWAZUN : Journal of Sharia Economic Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117345013","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}