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BEDAH ULANG PERBANKAN KONVENSIONAL VERSUS PERBANKAN SYARI’AH DALAM REALITAS SOSIOLOGIS Samsu, La
TAHKIM Vol 12, No 1 (2016)
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Islamic banking as part of the financial structure of Islam played a role in economic development activities. However, there are many who consider the Islamic banking system is the same as the conventional banking system. It was only based on the addition of loans to customer deposits of Islamic banks and Islamic banks. When examined in depth the wrong turns that view because, although the similarities between Islamic banking and conventional banking, but both have a difference of principle. Islamic banking business activities based on Islamic principles. Services in payment traffic between banks and other parties to deposit funds or financing business activities, or other activities, among others the principle of mudaraba, musharaka, murabaha and ijarah. While conventional banks provide services in payment traffic, with the principle of determination of the interest as the price, both for product savings and loan products (credit) granted by certain interest rate. For services other banks, the banks implement a cost-based fee. Keywords: Islamic banking, conventional banking, sociological
MEDIASI PERBANKAN DALAM PERSPEKTIF HUKUM PERLINDUNGAN KONSUMEN Amaliyah, Amaliyah
TAHKIM Vol 12, No 1 (2016)
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Banking Mediation is a dispute resolution efforts between the bank and its customers conducted by the FSA or LAPSPI for the interests of the parties in order to achieve results that benefit both parties. LAPSPI role in mediating disputes banks have not been effective because there are still weaknesses in the Regulation on Rules and Procedures LAPSPI Mediation. The result of mediation is LAPSPI not provide legal protection against the parties because they have not regulated the legal consequences if there are parties who are not acting in good faith. LAPSPI branches to be made at all branches of the FSA in each province, the number of facilitators (mediators, adjudicators, arbitrators) certified and expert in banking plus so handling the case of banks through the mediation can be effective. Banking institutions should be more active in providing direction or preventive education to the customer to avoid a dispute with the bank, in addition to the complementary rules yet regarding a party who is not acting in good faith and the role of legal counsel when representing clients in dispute. Keywords: banking mediation, consumer protection laws
Manajemen Resiko Bank Syariah Terhadap Pembiayaan Bagi Hasil (Pendekatan Normatif) Hasan, Hasan
TAHKIM Vol 12, No 1 (2016)
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Implementation of risk management in Islamic Bank to finance for the results, conducted through risk identification, risk measurement, and monitoring risks to Character (or the nature of the customer decision-loan), Capacity (the client's ability to run the business, and return the loans taken as scheduled ), capital (the amount of capital required the borrower), collateral (collateral which has been owned by a borrower to the bank), and Condition (state business prospects or clients or not). So the bank can avoid a general risk, ie credit risk, market risk, liquidity risk, operational risk, legal risk (legal), reputation risk, strategic risk and compliance risk (compliance). While the normative approach to risk management of Islamic banks in the financing for the results, more directed to the mudaraba financing and Musharaka, carried out based on the guidelines on the Koran, the Hadith, the operational rules fiqhi dilakasanakan based National Sharia Board Fatwa Council of Ulama Indonesia and Bank Indonesia regulations about risk management. Risk management in order to work well, the bank manager should disseminate the principles of the implementation to the financing funds for the result on the one hand, and here's another Islamic banking managers are required to improve its human resources in carrying out risk management in a professional manner. Keywords: risk management, Islamic banks, financing for results
HAK WANITA DALAM BEKERJA Gani, Evy Savitri
TAHKIM Vol 12, No 1 (2016)
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The number of female workers increased from year to year quite. International labor organization (ILO) recorded a growth in the number of female workers is increasing annually. In 2015, 38 percent of the 120 million workers in Indonesia are woman. Of the number of female workers workers increased sharply, many do not know their rights in the rights work. Rights of woman in work which is a form of legal protection granted by the state againts female workers is set in law number 13 of 2003 on employment among others : protection of working hours, the protection during maternity leave, giving the location of breastfeeding, protection of the health and safety of woman, and wage protection. For employers who do not provide the rights mentioned above will be liable to administrative sanctions, civil and criminal. Key words: rights, woman, work
FORMULASI OBAT-OBAT ḤALĀLAN ṬAYYIBAN Lukmanudin, Muhamad Ikhwan
TAHKIM Vol 12, No 1 (2016)
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This study proved that the drug may be formulated according to the principles of Islamic (Halal) and pharmacists (Tayyib). Class of drugs mukolitik, antiamuba, decongestants, antihistamines, antacids, anti-tuberculosis, antiasma, antitussive, antipyretic, analgesic, anti-inflammatory non-steroidal, antihemoroid, laksativum and antibiotic formulated using solvents, preservatives, dyes, flavors, emulsifiers, suspending agents, antioxidants and stabilizers (halal) Islamic perspective (according to the provisions, standards and CPOH or how to manufacture drugs kosher LPPOM MUI), and tested the stability and effectiveness include the analysis of organoleptic (al-Taghayyur al-Ḥissiyu), sedimentation, dispersion, pH (Al-Taghayyur al-Taqdīriy), viscosity, retention factor, percent grade and examination preparation with good value (Tayyib) pharmacist's perspective (as applicable, and GMP standards or ways of making good remedy of POM RI). This study supports the Act 33 of 2014 About Halal Product Guarantee and the Indonesian Ulema Council decision in 2010 that, medicines must be guaranteed halal. This study is different from the Ministry of Health and Ministry of Industry that, the drug does not need to be formulated (kosher) because it is difficult and only disrupt investment. Opposing theories of the ulama is Dzulkifly Mat Hashim (2010), and Sahal Mahfudh (d.2014 M) as well as among pharmacists Kyoko Kogawa Seto (2012) and Amanda K. Gilmore (2013) concurred that the illicit material is allowed in moderation in the treatment for ' illat emergency and moderation. This research in the Research and Development includes descriptive stage (preformulsi), experimental (formulation) and evaluative (stability test and evektifitas). The research concludes while, that the illicit drugs that have been made lawful for 'emergency illat lost with the discovery of a drug that is Halal and Tayyib (ما جاز لعذر بطل بزواله). Keywords: formulation, drug, kosher, tayyib, Islam and pharmacists
AURAT PEREMPUAN BAGI LAKI-LAKI AJNᾹBῙYYAH PERSPEKTIF FIQH MUQᾹRANAH TINJAUAN HISTORI Ladaa, La Aludin
TAHKIM Vol 12, No 1 (2016)
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Abstract

Clothes get serious attention in Islamic law, because it is closely related to the provision close the genitals. Close the genitals including the specific characteristics of Muslims once a differentiator with people of other faiths. Genitalia woman covering her entire body, except the face and palms of his hands, so it is not allowed to be seen by men ajnabiyyah. In this regard the scholars of different schools of fiqh opinions. However, the scholars agreed that the real point of the command closes the nakedness contains four principles, namely (1) command to hold a view of which has been forbidden by Allah; (2) an order to keep the pubic of the unlawful act; (3) prohibition to reveal jewelry except the usual look; (4) an order to shut the khumur to the chest, better known as the hijab by Muslim community in Indonesia. In addition, the scholars also agree that the school of Islam which deny law must cover the nakedness without aging, is considered an infidel. Keywords: female genitalia, male ajnabiyyah, muqaran fiqh, history
PENINGKATAN KESADARAN HUKUM PELAKU USAHA TERHADAP SERTIFIKASI HALAL DALAM MENJAMIN HAK KONSUMEN MUSLIM (Studi Kasus Pelaku Usaha Rumah Makan di Batu Merah Kota Ambon) Haryanti, Tuti
TAHKIM Vol 12, No 1 (2016)
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In the era Globalization consumers are too spoiled by businesses by offering a variety of food, where food or drink is possible to be produced quickly by using a device or tool that is sophisticated, eventually consumers off guard in consuming the products offered in the market although it is not in accordance with the provisions of the Shari'a Islam. The current reality, that the issue of certification of halal food has not been a concern for the perpetrators of the restaurant business in Batu Merah city of Ambon, but the government has responded to consumer concerns by enacting several laws and regulations. But the existence of the regulation is not immediately received, obeyed and implemented by businesses. This type of research used in this study is qualitative. The data used in this study are primary data and secondary data. Overall the data obtained and analyzed qualitatively. The results showed that based on legal awareness indicators show that business house eating Red Stone did not know and understand the rules associated with halal certification. Besides the meaning of halal haram perspective of businesses have experienced a reduction of meaning. Lack of knowledge and understanding of the law implies an attitude/behavior of businesses that tend to not comply with the legislation. Therefore, the legal awareness of entrepreneurs against the Red Stone house eating halal certification is still considered very low. Efforts to raise the legal awareness through the dissemination of business principals of law, religious lectures. Key words: legal awareness, business communities, halal certification
Mengurai Titik Temu Antara Istihsan dan Pembaharuan Hukum Islam Naya, Farid
TAHKIM Vol 12, No 1 (2016)
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Istihsan and renewal of Islamic law are two terms which on one side has a different meaning, but on the other hand, both have mutually corresponding relationships between each other tightly. Conceptually, istihsan means the shift of mujtahid in determining the law on an issue of which is comparable to that for their special proposition in the Qur’an or Sunnah. Istihsan is a method that emphasizes the maintenance of law istinbat maqasid al-shariah, namely the realization of human welfare. Mujtahid’s turning away from a law on an issue to which other law for the proposition that a more powerful is simply to maintain maqasid al-shariah. The Renewal of Islamic law, meaning the effort and act through a specific process with the utmost seriousness by those who have the competence and authority in the development of Islamic law (mujtahid) in ways that have been determined based on the rules istinbat law that allowed making Islamic law can appear more fresh and modern, not outdated. In addition, reform of Islamic law is to maintain law purposes (maqasid al-shariah) to produce legal provisions that address the issues and new developments brought about by the progress of science and modern technology. Thus, between istihsan and reform of Islamic law boils down to one point, namely the maintenance of Islamic shari’ah purposes (maqasid al-shariah). Keywords: istihsan, maqasid al-shariah, renewal of islamic law
KONSEP PEMBANGUNAN EKONOMI PERSPEKTIF ISLAM Djumadi, Djumadi
TAHKIM Vol 12, No 1 (2016)
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Economic development is the Islamic perspective of human development as a whole not just the physical needs, but more of it is mental development-spiritual. The Islamic view on economic development is focused on (a) the mankind from extinction. (b) Human Resources (HR) good, reflecting Source Revenues Halal (SPH). (c) maintain and preserve natural ecosystems from damage; (d) the maximum utilization of the land and pay taxes to the state. Results show that the interpretation of the message of the Qur’an on the Islamic perspective of economic development has not received much attention, especially in predominantly Muslim countries. One indicator development are described, among others, levels of inequality and poverty that struck various NSB. Some of the solutions that need attention: (1) reduce routine expenditures, and increase the quantity Fislkal; (2) with establishment of economic development aimed at improving the quality of rural areas; (3) The availability of employment and human resource development of agriculture sector. Keywords: economic development, Islamic perspective
Strategi Marketing Mix Ikan Cakalang Asar (Studi Terhadap Pedagang Ikan Asar di Kota Ambon) Karnudu, Fitria; Mossy, Fitri Indralia
TAHKIM Vol 12, No 1 (2016)
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The marketing strategy greatly affect the progress of the business, both in small and large scale. One type of business that developed the merchant in the city of Ambon is the smoked fish business, better known locally by the term asar fish. In carrying out its business, fish traders asar in Mardika Market and Small Hative Ambon has used a marketing strategy, but it is still traditional in nature. Its products are not designed to permanently, either packaging or labeling. The price set by the merchant using a strategy of price mark-up, differential, and the cost plus pricing strategy. Traders also use the direct distribution strategy, namely asar fish are sold directly to consumers. Whereas in promoting asar fish produced most traders use promotional strategies through personal selling, sales promotion and direct marketing. However, the strategy undertaken by fish asar in Ambon City traders have not been able to support the business expanded significantly. Keyword: marketing mix, merchants, smoked fish

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