Al - Muamalat: Jurnal Hukum dan Ekonomi Syariah

Analisis Hukum Ekonomi Terhadap Kebijakan Angkutan Umum di Kota Medan; Perspektif Al-Maslahah

Irfan Effendi Hasibuan, Zulham Zulham — Fri, 17 Jan 2025 22:59:39 +0700

The purpose of this research is to analyze public transportation policies in Medan City from the perspective of economic law using the principle of al-maslahah to evaluate the extent to which these policies prioritize public welfare, particularly in terms of passenger safety, comfort, and security. This study aims to provide policy recommendations that are more effective in addressing the existing issues in Medan's public transportation system. This article falls under qualitative field research. The methodology employed is normative legal study, presented in a descriptive-analytical narrative. The findings reveal that current public transportation policies in Medan City do not fully adhere to the principle of al-maslahah, as there is still disorder in the operation of public transportation that potentially harms the public. The lack of oversight, inadequate facilities, and neglect of passenger safety and comfort standards have resulted in public losses and a decline in trust toward public transportation.

Implikasi Perubahan Kebijakan Merek Non-Use Terhadap Penghapusan Merek Terdaftar

Anitia Emalia Fallonne, Selamat Widodo — Sat, 18 Jan 2025 09:54:35 +0700

The Constitutional Court issued Decision Number 144/PUU-XXI/2023. The decision contains an extension of the time limit for non-use trademarks from 3 years to 5 years and adds the provision of force majeure to the provision of valid reasons. This policy certainly has an impact on non-use trademark holders to maintain their brands and third parties have to wait longer. This research aims to analyze how the implications of non-use trademark policy changes on the elimination of registered trademarks based on the perspective of justice and the principle of national treatment. The research method used is normative juridical. The results of the study concluded that based on the perspective of justice, the implications of changes in the non-use trademark deadline policy on the elimination of registered trademarks in Indonesia have a major impact in providing justice for trademark owners, especially micro, small and medium enterprises (MSMEs). Based on the principle of national treatment, the implications of this policy change strengthen the fairness of trademark law in Indonesia by providing equal protection for domestic and foreign trademark owners, while maintaining the rights of domestic and foreign third parties. And maintaining compliance with international commitments contained in TRIPs.

Pengaruh Leverage dan Likuiditas terhadap Financial Distress dengan Sudut Pandang Profitabilitas sebagai Moderasi

Tegar Dwi Rangga, Ira Hapsari, Suryo Budi Santoso, Slamet Eko Budi Santoso — Sat, 01 Feb 2025 08:11:58 +0700

This study aims to investigate the role of leverage and liquidity in financial distress, with profitability as a moderating variable in property and real estate companies listed on the Indonesia Stock Exchange (Bursa Efek Indonesia – BEI) during the 2021–2023 period. The research sample was selected using the purposive sampling technique, with criteria requiring companies to publish complete annual financial reports within this period. Based on these criteria, 68 companies were obtained as the research sample. Data analysis was conducted using SPSS 26 with the moderated regression analysis technique. The results indicate that leverage has a negative effect on financial distress, while liquidity has a positive effect on financial distress. However, profitability does not moderate the effect of leverage and liquidity on financial distress. These findings are expected to provide valuable insights for stakeholders in the property and real estate industry in designing strategies and making appropriate decisions to mitigate the risk of financial distress in companies.

Hak Berserikat dan Berkumpul Menurut UUD Pasal 28E Ayat 3 dan Pasal 21 Ayat 1 DUHAM; Tinjauan Aktivitas Ekonomi Islam

Numan Sofari Hafid, Tajul Arifin, Ine Fauzia — Sat, 15 Feb 2025 08:28:11 +0700

Ideally, the right to associate and assemble, as guaranteed in Article 28E Paragraph 3 of the 1945 Constitution of Indonesia and Article 21 Paragraph 1 of the Universal Declaration of Human Rights (UDHR), provides freedom for individuals and groups to participate in social, political, and economic life. However, in reality, the implementation of this freedom still faces challenges, especially in the context of Islamic economics in Indonesia, where existing regulations sometimes limit the development of this sector. The aim of this research is to analyze the role of the right to associate and assemble in strengthening Islamic economic activities in Indonesia. This study uses a normative legal approach with qualitative analysis, focusing on secondary data from relevant literature and legal documents. The results of the study indicate that the right to associate and assemble plays a crucial role in strengthening Islamic economics. This freedom allows the formation of Islamic-based economic organizations that support the principles of justice and transparency. The implementation of this right, although hindered by several regulations that are less supportive, still provides a strong foundation for society to collaborate in the development of a more inclusive and just economy.

Pengaruh CAR, NPF, FDR Terhadap Profitabilitas di Bank BTPN Syariah Tahun 2014-2024

Fira Juni Andriani, Ninda Ardiani — Thu, 20 Feb 2025 07:30:37 +0700

This study aims to analyze the effect of Capital Adequacy Ratio (CAR), Non-Performing Financing (NPF), and Financing to Deposit Ratio (FDR) on the profitability of Bank BTPN Syariah during the 2014–2024 period. The main focus of this research is how these three variables influence Return on Assets (ROA) as an indicator of bank profitability. The research employs a quantitative method with a multiple linear regression analysis approach. The data analyzed is secondary data obtained from the quarterly financial statements of Bank BTPN Syariah over the 2014–2024 period. The dependent variable in this study is ROA, while the independent variables include CAR, NPF, and FDR. Data analysis is conducted using SPSS and Microsoft Excel software. The results show that CAR has a positive and significant effect on ROA, whereas NPF has a negative and significant effect on ROA. Meanwhile, FDR does not have a significant impact on ROA. Simultaneously, CAR, NPF, and FDR significantly affect the profitability of Bank BTPN Syariah. This study contributes by strengthening empirical evidence regarding the effect of CAR, NPF, and FDR on the profitability of Islamic banks, particularly in Indonesia.

Legalisasi Usaha dan Kesadaran Hukum Pelaku UMK Binaan UMKM Juara di Kecamatan Cisalak-Tanjungsiang

Mon, 24 Feb 2025 07:39:40 +0700

This study aims to explore the legal awareness of MSME actors in business legalization under the guidance of the UMKM Juara program by the West Java Provincial Government in Kecamatan Cisalak-Tanjungsiang. The research adopts a juridical-empirical method with data collected through semi-structured interviews and literature studies to understand the perceptions and motivations of MSME actors regarding business legality. The findings reveal that although MSME actors generally understand the importance of business legality, they are often reluctant to pursue it, as it is perceived to provide no direct benefits. The primary motivation for legalization is driven by the need for halal certification, rooted in religious values. However, the lack of information on legalization procedures and limited support in guidance are the main obstacles. Social, cultural, and religious factors significantly influence legal awareness and the legalization process among MSMEs in the area.

Teori Hukum dan Filsafat Hukum: Membangun Responsivitas terhadap Perubahan Ekonomi dan Sosial

Thu, 27 Feb 2025 11:43:39 +0700

Ideally, legal theory and philosophy of law can shape a legal system that is responsive to economic and social changes. However, in reality, the implementation of law often lags behind the dynamics of change occurring in society. The purpose of this study is to analyze how legal theory and philosophy of law can build responsiveness to economic and social changes, as well as the challenges faced in their implementation. This article falls under library research with a qualitative approach. The method used is normative legal study, analyzing literature, regulations, and relevant documents. The research findings conclude that legal theory ensures that law can adapt to the needs of society and the evolving economy, while philosophy of law provides normative guidance to ensure that law reflects the values of justice, morality, and welfare. Both complement each other in creating regulations that are adaptive to global dynamics while remaining rooted in ethical principles.

Pengaruh Pendidikan Islam terhadap Keputusan Generasi Z dalam Berwirausaha: Analisis Maqashid Syariah

Musyafa' Musyafa', Lailatul Chofifah, Moch Aminnudin — Fri, 28 Feb 2025 20:21:46 +0700

This study aims to analyze the influence of Islamic education on Generation Z's entrepreneurial decisions from the perspective of maqashid syariah. The research employs a quantitative methodology by collecting data through questionnaires distributed to Generation Z in Jepara, using the Slovin formula for sample determination and the Likert scale for data measurement. Statistical analysis was conducted to obtain a descriptive overview of the results, which were then analyzed based on maqashid syariah. The findings indicate that Islamic education significantly influences entrepreneurial decisions, particularly in safeguarding religion (hifz din) and wealth (hifz mal), thus encouraging the formation of ethical and socially responsible entrepreneurs. This demonstrates that entrepreneurship in Islam is not merely aimed at achieving material gains but also at attaining holistic community welfare in line with maqashid syariah principles.

Problematika Pengawasan Kesyariahan Peer-to-Peer Fintech Syariah: Analisis POJK Nomor 10/POJK.05/2022 dan Peran DSN MUI

Ria Regita — Tue, 04 Mar 2025 14:49:23 +0700

This study aims to analyze the regulatory issues in the supervision of Sharia compliance within the Peer-to-Peer (P2P) Sharia Fintech system, particularly in the implementation of Financial Services Authority Regulation (POJK) Number 10/POJK.05/2022. The contribution of this research includes strengthening Sharia fintech regulations through more specific and collaborative supervisory recommendations between the Financial Services Authority (OJK) and the National Sharia Council of the Indonesian Ulema Council (DSN-MUI). This article falls under qualitative library research using a normative legal study method. It examines legal rules, regulations, and fatwas while evaluating the effectiveness of Sharia compliance supervision in practice. The findings indicate that the supervision mechanism of Sharia fintech remains weak due to the lack of direct monitoring by OJK and DSN-MUI, the absence of binding supervisory standards, and the reliance on internal reports from fintech platforms. Strengthening OJK’s role in establishing stricter Sharia supervision guidelines and implementing a periodic audit system is necessary to ensure compliance with Sharia principles.

Urgensi Kamar Barokah Jemaah Haji: Kebijakan Hak Sipil dan Implementasi Akomodasi Syariah

HM Affan Rangkuti, Syamsul Bahri — Sun, 09 Mar 2025 04:54:30 +0700

Ideally, the organization of Hajj as a comprehensive act of worship should include the fulfillment of pilgrims' fundamental rights, including the biological needs of legally married couples. However, in reality, facilities that accommodate these needs, such as Kamar Barokah, have not yet been incorporated into official policies for Hajj accommodation services. This study aims to analyze the urgency of Kamar Barokah as a civil right for Hajj pilgrims and its implementation within the framework of syariah accommodation. This article falls under library research with a qualitative approach. The methodology used is policy research, presented in a descriptive-analytical narrative. The findings indicate that Kamar Barokah is an urgent necessity that must be systematically facilitated to maintain the biological, emotional, and psychological well-being of pilgrims throughout their pilgrimage. Therefore, the state, through the Ministry of Religious Affairs, needs to formulate regulations that integrate this service into Hajj accommodation contracts and ensure proper dissemination of information during the manasik (pre-Hajj guidance) phase to optimize its implementation in alignment with syariah accommodation principles.

Hermeneutika dalam Penafsiran Hukum Adat: Implikasi terhadap Hukum Ekonomi Syariah di Era Globalisasi

Fri, 14 Mar 2025 04:15:54 +0700

This article aims to analyze the role of hermeneutics in the interpretation of customary law and its implications for Sharia economic law in the era of globalization. This research contributes to revealing how hermeneutics can serve as an adaptive interpretative method to align customary law with the principles of Sharia economic law, ensuring its relevance in modern economic dynamics. This study is categorized as library research with a qualitative approach. The methodology used is a normative-juridical study. Hermeneutics in the interpretation of customary law functions as an interpretative method that ensures customary law remains relevant to social and economic developments without losing its identity. In the context of Sharia economic law in the era of globalization, hermeneutics enables the reinterpretation of customary law to align with Islamic economic principles, allowing it to adapt to the increasingly complex challenges of the global economic system.

Teologi Ekonomi Islam; Kontruksi Prinsip Ilahiyah menuju Aktualisasi Bermuamalah

Sun, 23 Mar 2025 02:51:18 +0700

This article aims to examine the construction of divine principles in realizing the actualization of muamalah (Islamic economic transactions) in accordance with the theological values of Islamic economics, as a solution to modern economic problems that are laden with social inequality, individualism, and market exploitation. The benefit of this research is to contribute to the development of economic practices that are not solely profit-oriented but also emphasize social welfare and economic sustainability. This article is categorized as field research with a qualitative approach, using a descriptive-analytical study as its methodology. The results conclude that economic theology is not merely a normative study discussing the relationship between humans and God but also serves as a fundamental basis for building spiritual awareness in muamalah activities. The construction of divine principles becomes a key pillar in shaping fair, transparent, and community-oriented muamalah, as well as offering a resolution to the distortions of the modern economic system.