Jurnal Online Fakultas Syariah dan Hukum (UIN Sunan Ampel Surabaya)
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FAKTOR PRODUKSI PADA BERBAGAI BENTUK PASAR OUTPUT DAN INPUT DALAM PERSPEKTIF ISLAM
Get PDFIn Islamic economics we not only learn but also the social individual religious man with talent. This is due to the high demand and lack of means, there arises a problem of economics. This problem is essentially the same in both the modern economy and Islamic economics. However, differences arise pleased with the choice. Islamic economics is controlled by the basic values of Islam and modern economics is dominated by the self-interest of the individual. Therefore we expect all economic actors in the country for a moment think that is more attractive to immediately make a real change in the economic system that leads to the welfare of mankind and keadialn. In modern economics is a matter of choice really depends on the kinds of behavior of each individual. They may or may not take into account the requirements of society. But in Islamic economics, we are not in a position to distribute the resources at will. In this case there is a serious limitation based on the provisions Scriptures of the Qur'an and Sunnah upon the power of the individual. In Islam, social welfare is maximized when economic resources are also allocated such that the rearrangement of the situation, no one better by making someone else worse in the framework of the Qur'an or the Sunnah
Kewenangan Jaksa dalam Memulihkan Kekayaan Negara
Get PDFAbstract: This article discusses about the authority of the prosecutor in restoring the states assets based on Undang-Undang Kejaksaan No. 16 tahun 2004. Such a constitusional authority is in the form of obtainning special authorization from the government agencies as defined in article 30 paragraph 2 of Undang-Undang Kejaksaan. The scope of the authority includes, law enforcement, legal aid, legal consideration, saving and restoring the states wealth. In accordance with restoring the states wealth, it can be done by filing a lawsuit in court or by offering peace outside of the court. The authority of prosecutor in restoring the states wealth, according to the political jurisprudence, is valid in accordance with the authority of hisbah as a government official supervisor to resolve the dispute in the case of administrative irregularities. So, the prosecutors attempt to resolve the dispute can be justified, either by the litigation or non-litigation way. Likewise, it is the hisbah which has the authority to do prosecution and call the parties to be peacefully resolved.
Keywords: Prosecutor, recovery, wealth, state, political jurisprudenc
Peran Fraksi Partai Kebangkitan Bangsa di DPRD Kabupaten Sumenep Periode 2009-2014
Get PDFAbstract: This article focuses on the role of the National Awakening Party (PKB) in the local parliament. This research concludes that the role of PKB of DPRD in Sumenep is committed by the spirit of fighting poverty and encouraging the grass root people-based APBD. These spirits are appropriate with the principle of maslahah (benefit) and âdl (justice). In line with the above conclusion, it is expected to the readers to be able to do more researches on the role of the National Awakening Party (PKB) in the local parliament. So that the further research will be able to fight the poverty of the grass root people based on the will of Siyasah Jinayah.
Keywords: Candidate, individual, regional election, Islamic political jurisprudenc
KERJASAMA TERNAK KAMBING PERSPEKTIF AKAD MUDARABAH DI DESA BEBEKAN SELATAN TAMAN SEPANJANG SIDOARJO
Get PDFIn the village of South Bebekan Throughout the park there are several activities Sidoarjo cooperation goats, made by the investors who provide capital in the form of money to the manager of the goats, while the manager is obliged to raise goats as well as possible, with forms of collaboration that has been agreed upon. Practice cooperation goats in the village of Sidoarjo Bebekan The Park South is a form of business cooperation between investors and goat livestock managers with profit sharing agreement with the parent who gave birth to a goat kid (andum bati or anvil) and profit sharing in the form of two young goats born (andum child), then owned by the management in the form of child benefit goats (kids andum) divided by the financier, became (andum bati). Contract analysis results of mud{a>rabah towards cooperation goats in the village of Sidoarjo Throughout Bebekan Park South, the practice of co-operation in the village Bebekan invalid because it does not fulfill the contract in harmony in mud{a>rabah, namely, lack of clarity in the division of profits, the manager impaired due to the profits subdivided property manager with the financiers
Sanksi terhadap Pelanggaran Konservasi Taman Hutan Raya R. Soerjo di Mojokerto
Get PDFAbstract: This paper focuses on the concept of criminal (jinayah) jurisprudence toward the sanction of the conservational violation of the Taman Hutan Raya R.Soerjo (TAHURA R.Soerjo) according to Undang-Undang No. 41 tahun 1999 on Forestry. This is a qualitative research and will be analyzed descriptively with deductive framework. Some of the conservational violations in the Taman Hutan Raya R.Soerjo are entering the forest, harvesting or collecting the forests product, shepherding cattle in the forest area, damaging forest, and logging which is conducted by the surrounding community. The violations are described in article 50 Undang-Undang No. 41 tahun1999 on forestry. Penalty for violation of TAHURA R.Soerjo in SKPPKH Mojokerto region given by the local officer is in the form of guidance, warning, making a statement not to repeat the action for the second offense. However, it will be directly handed over to the police if the evidence has been sufficient. Sanction for such violations will be given by the competent authority in accordance with the legislation. The sentence is in accordance with article 78 and 79 Undang-Undang No. 41 tahun 1999. The sanction of the conservational violation of the Taman Hutan Raya R.Soerjo, in Islamic criminal law, is a part of tazir because it has not reached a nishab of theft.
Keywords: Jurisprudence, jinayah, sanction, violation, conservatio
Pengaruh Konfigurasi Politik Hukum Orde Baru terhadap Kompilasi Hukum Islam (KHI) di Indonesia
Get PDFAbstract: This article discusses the influence of legal political configuration of the New Order against the Compilation of Islamic Law in Indonesia. Legal political configuration of the New Order was based on Pancasila and the Constitution of 1945 as the basis of its policy to enhance and improve national law. The background formation of KHI is the need for technical justicial Religious Courts. KHI can be regarded as Indonesian fiqh sound Pancasila due to the influence of political codification and unification of the law of the New Order. This study efforts to prove that the relationship between the political configuration and character of legal product that produces any legal products is a reflection of the political configuration that gave it birth. The character of the law product is determined by the political vision that developed in the midst of society. Sometimes the character of legal product is responsive/populistic and there is also a legal product was characterized by conservative/orthodox/elitist. Likewise with KHI must have certain characters were born as a result of legal political configuration of the New Order regime.
Keywords: Effect, political configuration, the new order, KH
WAKAF KONTEMPORER, DARI TEORI KE APLIKASI
Get PDFIn the formulation of classical fiqh, Islamic charitable Endowments understood as tangible fixed assets, such as land and buildings, but in line with the rate of growth of a dynamic civilization, and offer new ideas on the concept of waqf endowments berfariasi which include cash which is a form of charitable funds or money collected by institutions managing waqf (na>z}ir) through the issuance of cash waqf certificate purchased by the public. The scholars' also gives the sense that the cash waqf property can be interpreted mewakafkan cash or securities maintained by the institution or financial institution Shariah perbankkan whose profits would wherewithal but the capital can not be reduced to donate, while the waqf funds collected can then be rolled out and invested by nadzir into various business sectors lawful and productive, so that profits can be utilized for the development of the people and the nation as a whole
MEMBEDAH KEARIFAN SISTEM EKONOMI ISLAM
Get PDF: The role of economics in Islam is something significant in the course of da'wah Rasu>lulla>h SAW., Because it becomes an alternative solution to the economic problems that are loaded with social inequality. Islamic economics offers the concept of a fair and equitable economy. Thus, one of the successful mission of the Prophet. is because, based on the principles of honesty, fairness, not exploitative. According to Ibn Taymiyya, Islamic economics is the economics of a society that is well equipped, organized on the basis of free enterprise, and personal property with the limits set by moral considerations and supervised by a provision that uphold sharia fair and work for the community. The purpose of the Islamic economic system is nothing but creating welfare and fairness in carrying out activities to happiness bermuamalah world and the hereafter
GLOBALISASI EKONOMI BISNIS
Get PDFBusiness economy globalization is a process in which the activities of countries around the world to be a power market is increasingly integrated with the country's territorial borders unimpeded. Results of this study that the real embodiment of the business in the form of economic globalization globalization of production, finance, labor, and globalization of trade information network. In the globalization of business competitive businessman making changes to the business with the support of the financial system and Islamic banking institutions. To encourage the positive impact businesses are not terlerpas of economics and business ethics, economic freedom, economic balance of business, issue and benefits, as well as justice berekonomi. And to mitigate the negative impacts in the business pembisnis avoid riba, gharar, gambling, and illicit Subhat. Usefulness of this research is the development of a competitive business theory and business people to be able to respond, and apply the results of this study in the economic life of the Islamic global business
TINJAUAN HUKUM ISLAM TERHADAP PRINSIP BAGI HASIL DALAM PERBANKAN
Get PDFDi dalam prinsip bagi hasil (profit and loss sharing) secara otomatisrisiko kesulitan usaha ditanggung bersama oleh pemilik dana dan penggunadana. Prinsip bagi hasil yang diterapkan Bank Syariah mengandung beberapaprinsip penerapan yang perlu dikaji untuk menyelesaikan permasalahan yangmungkin timbul. Munculnya Bank Syariah dikarenakan bahwa semua bentuk riba dilarang mutlak oleh al-Qur’an, yang merupakan sumber pokok hukum Islam. Demikian pula dalam beberapa hadis, Nabi Muhammad SAW. mengutuk orang yang menuliskan perjanjiannya, dan orang yang menyaksikan persetujuannya. Dapat ditegaskan bahwa tidak ada tempat bagi institusi bunga dalam tatanan yang Islami.Bank syariah dalam operasionalnya berdasarkan pada prinsip profit and loss sharing (bagiuntung dan bagi rugi). Bank syariah tidak membebankan bunga, melainkanmengajak partisipasi dalam bidang usaha yang didanai. Sistem ini berbeda dengan bank konvensional yang pada intinyameminjam dana dengan membayar bunga pada satu sisi neraca dan memberi pinjaman dana dengan menarik bunga pada sisi lain. Pada dasarnya konsep mud}arabahdalam fikih klasik adalah model direct financing,investasi langsung antara s}a>h}ib al-ma>ldengan mud}a>rib. Namun karena terdapat kendala dalam perkembangannya maka dilakukan inovasi baru oleh ulama kontemporer dengan mud}arabahmodel inderect financing, dengan melibatkan pihak ketiga sebagai perantara. Dan model baru inilah yang digunakan dalam konpes mud}arabah dalam perbankan syariah saat ini