El-Iqthisady : Jurnal Hukum Ekonomi Syariah

ISLAMIC LAW REVIEW OF THE VALIDITY OF SELF-DECLARATION IN THE HALAL CERTIFICATION PROCESS OF MICRO AND SMALL BUSINESSES (MSEs)

Apra Muthiah Azizah Amatullah — 2025-01-28

Abstract

This research is entitled Islamic Law Review of the Validity of Self declare in the halal certification process of micro and small businesses (MSEs). The main problem of this research is How is the Islamic Law Review of the validity of self-declaration in the halal certification process of micro and small businesses (MSEs)? From this main problem, sub- problems can be formulated, namely (1) What is the concept of self-declaration in halal certification in Indonesia? (2) How are the provisions of Islamic law regarding certification given on the statement of business actors? The objectives of this study are (1) to find out how the concept of self-declaration in halal certification in Indonesia, (2) to find out how the provisions of Islamic law on certification are given on the statement of business actors. The type of research used is library research or library research. The method used is data collection which is done by reading references and literature with the aim of supporting this research. The research approach used is the Shari'i Theological Approach with a normative juridical approach. The results of the study indicate that halal certification with a self- declaration scheme in the perspective of Islamic law is said to be valid, because the concept of self-declaration in Indonesia does not necessarily mean that business actors can declare that their products are halal, but there are still mechanisms that regulate the self-declaration such as products that are not risky or use materials that have been confirmed halal and PPH assistance is carried out. In addition, the presence of self-declaration has fulfilled the three basic principles of muamalah fiqh, namely the Principle of Tawhid, the Principle of Mubah, the Principle of Maslahah. The implication of this research is to help ensure that products claimed to be halal by micro and small businesses (MSEs) through the self-declaration scheme actually meet halal standards recognized by Islamic law, so that consumers can have greater confidence in the products in circulation, besides that this research is also expected to be the basis for improving regulations related to halal certification of self-declaration schemes, including improving supervision and monitoring mechanisms to prevent unauthorized self-declaration practices.

Keywords: Validity, Halal Certification, Self declare

REVIEW OF ISLAMIC LAW ON THE STATUS OF MOSQUE IMAMS AS ZAKAT MANAGERS IN TIROANG DISTRICT, PINRANG REGENCY (Analysis of MUI Fatwa No. 8 of 2011)

Aidil Muh. Aidil Fitra — 2025-01-28

Abstract

The management of zakat in Tiroang District, Pinrang Regency is managed by the Imam of the mosque and in its management does not have legality from the government, as explained by Madeali that "the one who manages zakat in Tiroang District, Pinrang Regency is an Imam of the mosque". This is certainly not in accordance with the concept of amil zakat according to MUI Fatwa Number 8 of 2011 where amil is an individual or group appointed by the government to manage the implementation of zakat; or individuals or groups formed by the maysarakat and then authorized by the government to manage the implementation of zakat worship. The purpose of this study is to find out the practice of zakat management in Tiroang District, Pinrang Regency and to find out the provisions of Islamic law on the status of mosque imams as zakat managers in the area. This type of research is classified as qualitative with the approach used, namely the normative theology approach (Syar'i) and the empirical approach. The data collection methods carried out in this study are observation, interviews and documentation. The results of the study show that the management of zakat in Tiroang District, which is managed by the imam of the mosque, has been running for generations. The form of zakat management in Tiroang District is starting from receiving zakat from muzakki, then recording and distributing it to mustahik zakat. Regarding reporting, the imam of the mosque did not report to any party. In his duties as a zakat manager, the Imam of the Tiroang District mosque always takes a share of zakat of around 10%. The management of zakat carried out by the Imam of the mosque in Tiroang District according to Islamic law is legal. Muzakki has lost his obligation. However, regarding the status of the imam of the mosque in Tiroang District as a person who manages zakat cannot be called a zakat manager (amil zakat) as explained in the provisions of Islamic law that a zakat manager (amil zakat) is someone who is given the task/appointed by the government to take care of all matters related to zakat. This is because the Imam of the mosque in Tiroang District is not appointed/given the task by the government to manage zakat, but only based on the community's agreement to manage zakat.

Keywords: Islamic Law, Imam of the Mosque, Zakat Manager

IMPLEMENTATION ASPECT OF LAW NUMBER 11 OF 2010 IN EFFORTS TO IMPROVE THE ECONOMIC WELFARE OF THE COMMUNITY IN RELATION TO THE CONSERVATION OF CULTURAL HERITAGE

Erwin Mansyur Ugu Saraka — 2025-01-28

Abstract

The transition from Law Number 5 of 1992 on cultural heritage to Law Number 11 of 2010 occurred because the previous law was deemed no longer aligned with the developments, demands, and legal needs of society. Therefore, a replacement was necessary. Moreover, Law Number 11 of 2010 is more focused on the involvement of the community in the management of cultural heritage. This aspect forms the basis of this research, which aims to examine the implementation of the law in relation to the preservation of cultural heritage for the enhancement of the economy and the well-being of society, as outlined in the articles of the law. Literature studies, legal analysis, and case studies are the methods employed in this research. Data analysis is conducted qualitatively with an inductive approach, alongside explanatory analysis to draw conclusions. As a result, several explanations within the articles of Law Number 11 of 2010 prioritise the enhancement of the economy and the well-being of society, both in terms of the paradigm of cultural heritage preservation and its management as an integrated effort to protect, develop spatial planning (zones), and utilise cultural heritage effectively. Furthermore, efforts to improve the welfare of the community through the management and utilisation of cultural heritage must be proportionate to the efforts made for its preservation.

Keywords: Cultural Heritage, Law, Preservation, Community Welfare

KEPAILITAN BADAN USAHA MILIK NEGARA PERSERO

Teuku Syahrul Ansari — 2025-01-28

Abstrak

BUMN merupakan pelaku usaha strategis yang berkontribusi signifikan terhadap perekonomian nasional, namun masih berpotensi mengalami kebangkrutan jika tidak dikelola secara profesional. UU No. 37 Tahun 2004 Kepalailitan dan PKPUmengatur mekanisme pengajuan pailit BUMN, khususnya dalam Pasal 2 Ayat 5. Praktek pengadilan menunjukkan kompleksitas permasalahan, di mana beberapa putusan Pengadilan Niaga menolak permohonan kepailitan dari kreditur dengan alasan hanya Menkeu yang berwenang mengajukan permohonan. Kondisi ini mengindikasikan ketidakharmonisan dalam penanganan kasus kepailitan BUMN Persero. Penyebab utama ketidakselarasan ini adalah adanya konflik antar peraturan per-UU di bidang keuangan negara, perbendaharaan, kepailitan, BUMN, dan PT. Perbedaan interpretasi hukum di antara penegak hukum menciptakan ketidakpastian hukum, yang pada gilirannya dapat menghambat iklim investasi dan kepercayaan pelaku usaha terhadap BUMN. Oleh karena itu, perlu dilakukan harmonisasi peraturan perundang-undangan untuk menciptakan kejelasan dan kepastian hukum.

Kata Kunci: BUMN, Persero, Kepailitan.

Abstract

BUMN is a strategic business actor that contributes significantly to the national economy, but still has the potential to go bankrupt if it is not managed professionally. UU KPKPU concerning KPPU regulates the mechanism for filing bankruptcy for BUMN, especially in Article 2 Paragraph 5. Court practice shows the complexity of the problem, where several Commercial Court decisions reject bankruptcy applications from creditors on the grounds that only the Minister of Finance has the authority to submit applications. This condition indicates disharmony in the handling of the BUMN Persero bankruptcy case. The main cause of this disharmony is the conflict between laws and regulations in the fields of state finance, treasury, bankruptcy, BUMN, and PT. Differences in legal interpretation between law enforcers create legal uncertainty, which in turn can hinder the investment climate and business actors' trust in BUMN. Therefore, it is necessary to harmonize laws and regulations to create legal clarity and certainty.

Keywords: State-Owned Enterprises, Persero, Bankruptcy.