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Kebijakan privatisasi BUMN di Indonesia dalam pandangan Maqasid al-Mu‘amalat
No full textThis dissertation discusses the privatization policy in Indonesia using maqasid al-mu‘amalat approach. Three major questions answered in this dissertation are: first, how is the privatization policy in Indonesia according to the laws and regulations? Second, how does the al-milkiyyah al-fardiyyah′s concept occur in privatization in Indonesia? And third, how is the privatization policy in Indonesia according to al-milkiyyah al-fardiyyah in the discourse of maqasid al-mu‘amalat?. Through al-milkiyyah′s theory and the approach of usul al-fiqh, maqasid al-mu‘amalat, socio-history, economic analysis of law and philosophy, as well as content analysis and system analysis in exploring the legal provisions in privatization in Indonesia. The technique of extracting data is study of documents related to privatization legislation in Indonesia. Meanwhile, to test the validity of the data, the researcher use the test of credibility, transferability, dependability and confirmability. And the results there are three conclusions. Firstly, Legislation on privatization in Indonesia regulates that not all BUMNs can be privatized, only BUMNs that have a competitive business sector, do not concern the lives of many people, and there is an outdated technological element that can be privatized. Three things that come to the attention of the Government when making privatization policies are performance improvement, BUMN profit and economic equality. Secondly, the concept of al-milkiyyah al-fardiyyah in privatization can be implemented through two things, namely through the ownership transfer process from state ownership to private ownership, and through the implementation of two principles of al-milkiyyah al-fardiyyah, namely limitation of ownership rights that may not contain danger, loss and error, and the use of ownership rights must be in accordance with applicable laws and Islamic law. Thirdly, privatization policy in Indonesia according to al-milkiyyah al-fardiyyah′s concept is the entity of hifz al-mal which is a feature of primary needs (daruriyyah) in the discourse of maqasid al-mu‘amalat, this is because privatization that is pro-justice and anti-inequality is the main foundation of maqasid al-mu‘amalat. There are ten universal rules in maqasid al-mu‘amalat which contain indicators of benefit and interpretation which can be applied in the privatization law policy in Indonesia. In addition, this dissertation produces two theoretical implications, namely shifting the istinbat al-ahkam method in al-mu‘amalat contemporary from qiyas to maqasid al-mu‘amalat, and the basic change in the theory of ownership transfer from iqta‘ to khaskhasah which affects the ownership transfer law
DIFERENSIASI AL-TAWARRUQ AL-MASRAFI DAN AL-TAWARRUQ AL-FIQHI MENURUT HUKUM EKONOMI SYARIAH
Full text linkAbstract: The practice of the bai' al-tawarruq contract has existed since the era of the four mujtahids, it's just that the term bai' al-tawarruq only appeared in the Middle Ages, the first person to mention the term bai' al-tawarruq was a Hanbali scholar, Ibn Taimiyah. In the modern era, this term has been divided by the practice carried out in Islamic banks called bai' al-tawarruq al-masrafy and those carried out outside Islamic banks called bai' al-tawarruq al-fiqhi. These two types of bai' al-tawarruq contracts look the same in practice as bai' al-'inah but have differences with the involvement of third parties in the practice of bai' al-tawarruq, which is not present in bai' al-'inah. The pros and cons of Ulama against the law of bai' al-tawarruq have existed since the classical era, the majority of Ulama of the three madhhabs (Hanafi, Maliki, and Shafi'i) prohibit the practice of bai' al-tawarruq on the grounds of hailah and leads to usury, only the Hanbali madhhab is driven by Ibn Taimiyah and Ibn al-Qayyim who allowed the contract with the argument that bai' al-tawarruq was different from the forbidden bai' al-'inah contract. Meanwhile, contemporary scholars have different opinions in punishing bai' al-tawarruq al-masrafy. Referring to the results of the congress and conference decisions in Sharjah, United Arab Emirates, Bahrain, and Saudi Arabia in 1423 H. There were two opposing camps in formulating the law of bai' al-tawarruq al-masrafy. The first camp, the majority madhhabs forbids financial transactions using this contract in Islamic banks because it contains elements of usury, hailah and includes the form of bai' al-'inah. While the second camp, minority madhhabs tend to allow it for reasons of emergency and urgent need as well as to fulfill liquidity
PEMBAURAN AKADWADI
Full text linkCurrently, deposits in a Sharia Financial Institution are increasingly diverse, including at BMT NU Ngasem. There is one excellent product called education savings. There are four different practices, one of which is to use the “savings box” program. This practice is highly recommended by means of cash waqf, this savings is known as “Si Galis”. The results of the study indicate that the first practice is between BMT and students, the second practice is between BMT and schools where the MoU and bonuses are fully owned by the school, the third practice is between BMT and schools with MoU and the bonus is divided by 50% for schools and 50 % for students while the fourth practice is between BMT and students using the “savings box” program and it is recommended that cash waqf be used. In addition, the first, second and third practices are in accordance with the wadi>'ah yad al-d}ama>nah theory and the concept of guardianship, both terms and conditions. The fourth practice, apart from using that theory, also uses the concept of productive waqf. In terms of fiqh, the fourth practice is also in accordance with the terms and conditions of wadi>'ah and waqaf istithma>ry
BUDI DAYA TANAMAN HIDROPONIK ASMAN TOGA SEBAGAI INOVASI MEDIA TANAM RAMAH LINGKUNGAN
Full text linkMayoritas masyarakat desa Ngumpakdalem kecamatan Dander kabupaten Bojonegoro masih mengandalkan bercocok tanam Asman Toga melalui media tanah di kebun, sawah mapun pekarangan rumah. Seiring berjalannya waktu, lahan tanah sebagai media tanam semakin menyempit akibat bertambahnya jumlah bangunan yang berdiri mengganti fungsi lahan cocok tanam. Hadirnya inovasi teknologi tanaman hidroponik Asman Toga (Asuhan Mandiri Taman Obat Keluarga) diharapkan mampu menjawab tantangan itu. Metode yang dipergunakan dalam pengabdian ini adalah ABCD (Asset Based Community Development) dengan memanfaatkan aset lokal berupa Kangkung dan Seledri yang melimpah di desa Ngumpakdalem. Budidaya ini penting dilakukan sebagai upaya menekan biaya operasional tapi dapat mengoptimalkan hasil panenan. Pelatihan budidaya tanaman hidroponik Asman Toga ini melibatkan beberapa mitra, yaitu pemerintah Desa Ngumpakdalem, komunitas Mpok Damira (Kelompok Dalem Mandiri Sejahtera), gerakan PKK Desa Ngumpakdalem, dan IDFoS (Institute Development of Society) Indonesia cabang Bojonegoro. Hasil pengabdian ini dapat dilihat dari meningkatnya jumlah tanaman hidroponik Asman Toga di pekarangan rumah-rumah warga, pemanfaatan botol plastik bekas dan seterofom yang dilubangi dengan tujuan untuk jalan keluar nya akar dari gelas untuk menyerap air, serta penggunaan pupuk organik sebagai penyubur tanaman hidroponik yang ramah lingkungan
STUDI ISLAM DAN MASA DEPAN ISLAM: (Telaah Pemikiran Fazlur Rahman)
Full text link“This paper deals with Islamic studies and the future of Islam. Firstly, Fazlur Rahman considers that neo-modernists have acknowledged that Western civilization is the only alternative for the future of the world. He revealed a fact that modernity in the West, ethics, and law is able to develop as an independent discipline with secularism method. On the contrary, Islamic ethics was never developed as an independent discipline based on the systematic interpretation methodology of the Qur'an. Secondly, Rahman mentions the orthodoxy of Islamic thought on the obsolete methodology, such as qiya>s, must be reconstructed with a new methodological approach, such as mas}lah}at, so that, the elasticity of Islamic law is able to provide solutions to all contemporary problems. In addition, Rahman highlighted the impact of the hegemony of Western civilization on the mindset and lifestyle of Muslim communities that can be seen in a variety of new situations that are full of complexity. Actually, he wants to create synergy between Muslim and non-Muslim intellectuals and can work together between them. In discussing the development of Islamic intellectualism, he said that something that was desired primarily was to understand the Qur'an with the historical background and new interpretations.â
SISTEM SEWA STAN DI GO FUN BOJONEGORO PERSPEKTIF FIQH AL-MU’AMALAH
Full text linkGo Fun Bojonegoro Theme Park is one of the biggest family playgrounds in Bojonegoro. Most tourist attractions must have a variety of products that are traded to visitors who come. The rental of the heavy food stands at Go Fun Bojonegoro has a different contract agreement with the other stands because there are additional contracts, namely profit sharing cooperation by increasing the selling price. The results of the study indicate that the practice of profit sharing between the food stand tenants and the Go Fun Bojonegoro manager has a different agreement with other booths, because the rental of food stands at Go Fun Bojonegoro has the most number of payment details. Go Fun Bojonegoro managers waive booth rental fees and replace it with a profit sharing system, namely by increasing the selling price of food by 20% of the selling price set by the tenant at a ratio of 80:20. In addition, there are three theories in the perspective of sharia economic law, namely the contract, ijarah and musyarakah. Of the three contracts, it is considered valid according to sharia economic law because they have met the requirements and harmonious agreements, ijarah and musharaka
UNDERSTANDING THE 7 KEY PROHIBITIONS IN ISLAMIC TRADE PRACTICES
Full text linkThis paper aims to identify and analyze the seven main prohibitions in Islamic trade practices: riba (usury), gharar (uncertainty), tadlis (deception), maysir (gambling), ghabn (exploitation), najsh (price manipulation), and jahalah (ignorance). The research employs descriptive and qualitative methods, focusing on an extensive review of relevant literature as the primary source of data. The findings indicate that violations of these prohibitions result in economic injustice and social harm, undermining the principles of fairness and balance advocated by Islamic teachings. By understanding and avoiding these forbidden practices, Muslim business practitioners can promote a just and Sharia-compliant economic system. The study highlights the importance of education and awareness to ensure the integration of Islamic principles into business activities
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
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