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1

Thompson, Michael A., Patricia A. Hurley, Bryan Faller, et al. "Challenges With Research Contract Negotiations in Community-Based Cancer Research." Journal of Oncology Practice 12, no. 6 (2016): e626-e632. http://dx.doi.org/10.1200/jop.2016.010975.

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Purpose: Community-based research programs face many barriers to participation in clinical trials. Although the majority of people with cancer are diagnosed and treated in the community setting, only roughly 3% are enrolled onto clinical trials. Research contract and budget negotiations have been consistently identified as time consuming and a barrier to participation in clinical trials. ASCO’s Community Research Forum conducted a survey about specific challenges of research contract and budget negotiation processes in community-based research settings. The goal was to ultimately identify potential solutions to these barriers. Methods: A survey was distributed to 780 community-based physician investigators and research staff. The survey included questions to provide insight into contract and budget negotiation processes and perceptions about related barriers. Results: A total of 77% of the 150 respondents acknowledged barriers in the process. Respondents most frequently identified budget-related issues (n = 133), inefficiencies in the process (n = 80), or legal review and negotiation issues (n = 70). Of the respondents, 44.1% indicated that contract research organizations made the contract negotiations process harder for their research program, and only 5% believed contract research organizations made the process easier. The contract negotiations process is perceived to be impeded by sponsors through underestimation of costs, lack of flexibility with the contract language, and excessive delays. Conclusion: Improving clinical trial activation processes and reducing inefficiencies would be beneficial to all interested stakeholders, including patients who may ultimately stand to benefit from participation in clinical trials. The following key recommendations were made: standardization of contracts and negotiation processes to promulgate transparency and efficiencies, improve sponsor processes to minimize burden on sites, create and promote use of contract templates and best practices, and provide education and consultation.
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Khulwah, Juhrotul. "Revitalization of Ijarah Agreements in Islamic Banking Service Products." Advances In Social Humanities Research 2, no. 7 (2024): 881–87. http://dx.doi.org/10.46799/adv.v2i7.274.

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The revitalization of the ijarah contract is urgently needed by the community so that the community not only uses the classic ijarah contract in daily life but can use the ijarah contract that has been revitalized in modern times, such as the muntahiyah bi al-tamlik ijarah contract and multi-service ijarah contract, so that more service products can be produced from the ijarah contract, and can make the community more empowered by the continuous development of the times. This study aims to explain ijarah contracts that have undergone revitalization so that they can be used more by the community, to develop the service products used. So the problem in this study is "What are the forms of the revitalization of ijarah contracts in Islamic banking service products." To find the answer to this question, the research method uses qualitative research, the type of research library research, and the nature of analytical descriptive research. The findings in this study are that there has been a revitalization of ijarah contracts in service products in Islamic banking, such as ijarah muntahiyah bi al tamlik and multi-service ijarah contracts. If this contract is maximized both in products and their use, it will be very profitable and convenient to get, both from the service provider and the community.
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3

Ulfa, Ulfa Hidayati. "AGRICULTURE SHARIA CONTRACT BASIS." Bilancia: Jurnal Studi Ilmu Syariah dan Hukum 15, no. 2 (2021): 139–58. http://dx.doi.org/10.24239/blc.v15i2.779.

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This research aims to provide information and input to the community in carrying out economic activities, especially the community in Tiroang.This research uses qualitative research with method approaches, observations, interviews, documentation, and literature studies.The data analysis technique used is triangulation. The results of this study show that. 1) The form of agricultural land cultivation agreement through a system of cooperation followed by a revenue sharing system is not made in written form because it still uses custom, where the landowner gives up his land or land to be tilled by others.using the provisions of the revenue sharing system. 2) The form of capital in the form of seeds and loss costs; If agricultural land fails to harvest, landowners jointly bear certain losses in the form of pesticides and fertilizers and the rest is borne by landholders.3) A review of Islamic law on the cultivation of agricultural land in the Tiroang community is allowed syar'i because it follows the system of agricultural cooperation known in Islam, namely the muzara'ah system.
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Ni, Jiahao. "Intelligent Contracts and the Principle of Contractual Freedom: A Classical Legal Examination in the Era of Emerging Technologies." Frontiers in Business, Economics and Management 14, no. 3 (2024): 5–9. http://dx.doi.org/10.54097/w0gxsm83.

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The development of smart contract technology has garnered widespread attention in the legal field. This study, rooted in the principle of contractual freedom, delves into the impact of smart contract technology on the expression of parties' free will and analyzes the challenges it poses to legal rules and practices. Through a comparative analysis of smart contracts and traditional contracts, this research reveals the advantages of smart contracts in terms of contract design, execution efficiency, and transparency. While smart contract technology brings innovative changes to contract law, it necessitates profound reflections within the legal community and legal practice on how to strike a balance between free will and technological developments.
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Jaharuddin, Jaharuddin, and R. Melda Maesarach. "AKAD SALAM DAN PROBLEMATIKANYA DI PERBANKAN SYARIAH, PENDEKATAN KRITIS." Media Ekonomi 29, no. 2 (2022): 1–16. http://dx.doi.org/10.25105/me.v29i2.10135.

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The purpose of this study is to analyze the application of the salam contract, its development, find problems and provide alternative solutions so that the salam contract can be applied in Indonesian Islamic banking. Research method This research is qualitative research with a critical approach. The results of this study are (1). Salam contract can be applied in Islamic banking in Indonesia and provides benefits as working capital for farmers, fishermen, and MSMEs. Salam contract should be encouraged to be implemented. (2). Salam contract is not implemented in national sharia banking, thus the partiality of sharia banking to farmers, fishermen, and MSMEs, is still not visible. (3). The solution for implementing salam contracts in national Islamic banking is by (a). philosophical re-orientation, namely the re-orientation of the objectives and business model of Islamic banks that are different from conventional banks. (b). Carry out positive law reforms by sharia in Indonesia (shari'a-based omnibus law). (c). Operational technical adjustments, HR literacy, community literacy, and risk management are based on a philosophical re-orientation and strategic reform. And d). The political will of the government, the DPR, and the Indonesian and international community
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6

Zeemering, Eric S. "Why Terminate? Exploring the End of Interlocal Contracts for Police Service in California Cities." American Review of Public Administration 48, no. 6 (2017): 596–609. http://dx.doi.org/10.1177/0275074017701224.

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With the recent growth in interlocal contracts for municipal service delivery, insufficient attention has been given to city governments that choose to terminate interlocal contracts. The termination of interlocal contracts deserves scrutiny because theory points to multiple possible explanations for service change. This research examines the termination of interlocal contracts for police service delivery by California cities between 2001 and 2010. Public documents from the nine cities that terminated interlocal contracts are analyzed to assess rationale for termination. The stated reasons for termination include problems related to community responsiveness, the contract relationship, local control, service cost, service levels, and staffing. Grounded theory is advanced through analysis of the nine cities. The research refines our understanding of how cities weigh the costs and benefits of in-house production versus production through interlocal contract. While contract failure is evident in some cities, termination may also be explained as a process of vertical integration and service expansion. The research refines theories about local government service delivery and informs the practice of interlocal contract management.
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Audria, Nivia Mina. "Implementation of Murabahah Contracts in Buying and Selling Housing." Kunuz: Journal of Islamic Banking and Finance 1, no. 2 (2021): 74–84. http://dx.doi.org/10.30984/kunuz.v1i2.65.

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Indonesia's economic development related to the demand for housing is increasing. Many indicators can be seen in the community, such as the number of community housing developments. These developments create property business opportunities such as buying and selling housing, especially those that avoid the element of usury so that they look for a sharia buying and selling process, one of which is a murabahah contract. This study aims to determine the implementation of the murabahah contract in buying and selling housing. This research is a descriptive research research based on literature study. Data collection is done by taking from literature sources that are relevant to the research problem. Based on the analysis of various literatures, this study concludes that in the implementation of buying and selling murabahah contracts, it is required that both parties must know the benefits that have been agreed upon and the element of usury is prohibited. In its implementation, it must meet the pillars and conditions according to sharia principles. Traded goods are not included in the categories prohibited by Islamic law. But there are some in the implementation of the murabahah contract, there are some that have been modified related to the murabahah contract.
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Sahlan, Sahlan. "Preparation of International Business Contracts in Facing the ASEAN Economic Community Era." Hasanuddin Law Review 2, no. 3 (2016): 425. http://dx.doi.org/10.20956/halrev.v2i3.702.

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This article reviews the preparation for composing and formulating the international business contracts in facing the ASEAN Economic Community era. The study used the normative approach by collecting the materials related to the international business contracts. The outcomes of the research indicate that constitutionally, the Indonesian government must provide protection and equitable legal certainty for Indonesian citizens who intend to conduct business transactions within the framework of AEC. Format and writing techniques of international business contracts is compulsory known by the business people and their legal consultants that they do not suffer losses due to errors in the preparing of contract that violates the rules and provisions of international business contract.
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Pradhan, Rohit, Ganisher Davlyatov, Neeraj Dayama, and Robert Weech-Maldonado. "CONTRACT NURSE UTILIZATION AND FACILITY AND COMMUNITY FACTORS." Innovation in Aging 7, Supplement_1 (2023): 226. http://dx.doi.org/10.1093/geroni/igad104.0745.

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Abstract While NHs have long been plagued by nursing staff shortages, the situation has further deteriorated with the COVID 19 pandemic. The NH industry has attempted to address the persistent shortage of nursing staff by increasingly relying on contract nurse staffing. Research suggests that the increased utilization of contract nurses may have negative implications for NH quality and financial performance. However, all NHs are not equally likely to utilize nurse contract staffing. For instance, potentially, NHs with poorer quality of care and financial challenges may be forced to rely more on contract nurse staffing. The primary purpose of this paper is to explore the antecedents---facility and community factors---associated with increased utilization of nurse contract staffing. Employing a pooled cross-sectional observational study design, we extracted secondary data from the PBJ nurse staffing, Nursing Home Compare, Rural-urban commuting area (RUCA) codes, and the American Community Survey (ACS) for the period 2017-2021. To test the relationship between the ratios of contract nurses and facility/community factors, we employed multivariate mixed-effects maximum likelihood regression. We ran three separate regressions for RNs, LPNs, and CNAs. Our results suggest that among facility level factors, NHs with more beds, higher occupancy rates, and higher proportion of Medicare residents were generally more likely to employ contract nurse staffing with some minor differences across the three models (RNs, LPNS, CNAs). Among community factors, location in micropolitan/small town areas, higher poverty rates, and higher education levels were positively associated with nurse contract utilization. Policy and managerial implications are discussed.
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Charlesworth, Esther, and John Fien. "Breaching the urban contract." International Journal of Disaster Resilience in the Built Environment 5, no. 2 (2014): 194–201. http://dx.doi.org/10.1108/ijdrbe-06-2012-0016.

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Purpose – The purpose of this paper is to identify practical lessons for urban managers involved in the post-disaster field, drawing on research about ethnic division, conflict and reconstruction in five divided cities. Design/methodology/approach – The paper analyses the original case study fieldwork in the five divided cities to identify how the concept of “urban contract” can be used to explain the impacts of different levels of resilience to conflict or disaster. It also examines the importance of rebuilding the urban contract for community resilience as the key to “building back better” in urban reconstruction. Findings – This analysis indicates three important lessons about the importance of the “urban contract” in building disaster resilience. The first is that disasters, like conflict, can be anticipated and strategies put in place to strengthen the social networks on which community resilience depends – and that such anticipatory behaviour provides the time to do this. The second finding is that dispersing people away from a damaged neighbourhood for any period but the absolute minimum necessary to ensure public health and community well-being should be avoided at all costs. The third finding relates to the importance of using skilled public consultation and engagement in physical reconstruction as a way of enhancing social reconstruction. Originality/value – This is the first paper to draw parallels between the impacts of conflict and disasters on the urban contract between city managers and citizens. As well as identifying key lessons for disaster resilience, the paper makes a strong theoretical contribution by pointing to the significance of the urban contract in wider studies of cities and disasters.
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Vera Ayu Ningsih Ritonga and Reni Ria Armayani Hasibuan. "Prosedur Pembiayaan Musyarakah Mutanaqisah Pada Bank Syariah Indonesia KC Kuta Cane." Anggaran : Jurnal Publikasi Ekonomi dan Akuntansi 1, no. 4 (2023): 109–18. http://dx.doi.org/10.61132/anggaran.v1i4.262.

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Musyarakah mutanaqishah is musyarakah or syirkah ownership the assets (goods) or capital of one of the parties (shariq) are reduced due to gradual purchase by other parties. As well as a musyarakah agreement mutanaqishah is a combined contract between a musyarakah contract and a contract ijarah. Sharia syndicated financing is financing provided by two/more Islamic banks or financial institutions, with the same terms and conditions, using the same documents and administered by one bank. Regarding information on syndicated financing using a musyarakah agreement Mutanaqishah is still not widely known by the wider community until now This. So this research will focus on discussing contracts musyarakah mutanaqisah used in syndicated financing. Because This contract is a contract that needs to be socialized and more publicized the banking sector, because its existence is not widely known by the public common among other contracts which are also used for syndicated financing in sharia banking in Indonesia, after previously using contracts murabahah and ijarah mun tahiya bit tamlik.
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Meemken, Eva-Marie, and Marc F. Bellemare. "Smallholder farmers and contract farming in developing countries." Proceedings of the National Academy of Sciences 117, no. 1 (2019): 259–64. http://dx.doi.org/10.1073/pnas.1909501116.

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Poverty is prevalent in the small-farm sector of many developing countries. A large literature suggests that contract farming—a preharvest agreement between farmers and buyers—can facilitate smallholder market participation, improve household welfare, and promote rural development. These findings have influenced the development policy debate, but the external validity of the extant evidence is limited. Available studies typically focus on a single contract scheme or on a small geographical area in one country. We generate evidence that is generalizable beyond a particular contract scheme, crop, or country, using nationally representative survey data from 6 countries. We focus on the implications of contract farming for household income and labor demand, finding that contract farmers obtain higher incomes than their counterparts without contracts only in some countries. Contract farmers in most countries exhibit increased demand for hired labor, which suggests that contract farming stimulates employment, yet we do not find evidence of spillover effects at the community level. Our results challenge the notion that contract farming unambiguously improves welfare. We discuss why our results may diverge from previous findings and propose research designs that yield greater internal and external validity. Implications for policy and research are relevant beyond contract farming.
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Efrizal, Novianto Kartawan Mulia Amirullah. "Analisis Pengaruh Akad Salam (Pre-Order) dan Akad Wakalah (Cash On Delivery) Pada Marketplace Terhadap Perilaku Konsumen." Madani: Jurnal Ilmiah Multidisiplin 1, no. 7 (2023): 373–82. https://doi.org/10.5281/zenodo.8225034.

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<em>This study aims to determine the analysis of the effect of Salam (Pre-Order) and Wakalah (Cash On Delivery) contracts on consumer behavior. This is interesting to be researched and studied more deeply about what are the reasons consumers buy a product on the marketplace. And the features available on the marketplace that aim to make it easier for people to buy a product. This research was conducted using a survey method by distributing questionnaires to the community of Kertasari sub-district, Ciamis district, Ciamis district, West Java. And analysis with multiple linear regression. This model emphasizes the influence of Salam (Pre-Order) and Wakalah (Cash On Delivery) contracts on consumer behavior whose analysis results are processed with IBM SPSS 25.0. The results showed that partially the Salam (Pre-Order) contract had an insignificant but insignificant effect on Consumer Behavior, the Wakalah (Cash On Delivery) contract had a significant effect on Consumer Behavior and simultaneously the Salam (Pre-Order) and Wakalah (Cash On Delivery) contract. ) has a significant effect on consumer behavior.</em>
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Frisyudha, Aryabang Bang, I. Nyoman Putu Budiartha, and Ni Komang Arini Styawati. "Renegosiasi sebagai Upaya Penyelesaian Wanprestasi dalam Kontrak Bisnis Selama Masa Pandemi Covid-19." Jurnal Konstruksi Hukum 2, no. 2 (2021): 344–49. http://dx.doi.org/10.22225/jkh.2.2.3253.344-349.

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Government policies due to the spread of Covid-19 have caused a weakening economic impact due to restrictions on community activities as well as business activities including the implementation of business contracts. The realizing of the rights and obligations of the business contract is hampered, and even there is the possibility that it will not be carried out which caused non-performance of contract. One of the contracts that caused it during the pandemic is the banking sector which refers to credit contracts. The research method used is normative research with statutory and approach. The technique of collecting materials applied in this research is literature study in the form of literature, journals and the results of previous research and documentary studies. in the form of a collection of the documents with interpretation and review through statutory regulations based on primary and secondary legal sources. The results shows that the legal consequences of renegotiation on the implementation of business contracts during the Covid-19 pandemic have generated goodwill from the parties in the contract where both parties act with consideration of the interests of the other party as well as during the current pandemic where creditors must pay attention to the interests of the debtor and the role The government in its efforts to settle business contract defaults during the pandemic is to implement a countercyclical policy.
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Syah, Sultan, Eko Sukoharsono, Erwin Saraswati, and Roekhudin. "THE SHAPE OF ASSIKO’ KANA (Hybrid Contract) ON MAKASSAR NATIVES : ETHNOMETHODOLOGY PERSPECTIVE." International Journal of Accounting and Business Society 28, no. 1 (2020): 1–27. http://dx.doi.org/10.21776/ub.ijabs.2020.28.1.1.

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Purpose — The purpose of this research is to discuss the accounting shari’a in assikko’ kana (hybrid contract) applied by Makassar natives by interpreting the existence of accounting in the trade activity area. Design/methodology/approach — In order to determine the existence of accounting, this research uses a qualitative method by using the ethnomethodology approach. Findings — The result reveals that accounting is the accountability process of economic, social, cultural, and religious aspects of the trade activities, which also can be found in the kalula[1] system. The research also finds that the trade actors are highly committed to trusting each other even though they incur losses. Thus this indicates that sociability becomes their priority. In addition, there is one more important factor so-called papalele (shareholders) whos contribute to the run of activities. Practical Implications — Banking, financial companies, and Islamic finance including capital owners can benefit from the preparation of assikko’ kana (hybrid contracts) so that the contracts made do not conflict with the prevailing Islamic Sharia Originality/value — a hybrid contract form applied to the flying fish fishermen community (patorani) is the result of acculturation between local culture and Islamic law. What's interesting is that the majority of Islamic banking and financial products and services are hybrid contracts, but the source of funding is still sourced from local investors (papalele). This paper tries to make a reality in the patorani community in establishing Sharia parameters, about how to combine more than one contract in one transaction
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Alasgarov, Urfat. "NEW INTERPRETATION OF SOCIAL CONTRACTS AS A FORM OF BUSINESS CONTRACTS MADE BETWEEN COMPANIES AND COMMUNITIES IN TÜRKIYE." Istanbul Journal of Social Sciences and Humanities 2, no. 3 (2024): 1–8. https://doi.org/10.62185/issn.3023-5448.2.3.1.

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This research paper explores the evolving landscape of business contracts in Türkiye, focusing on the emergence of social contracts as a novel framework for interaction between companies and communities. Aim of this study is analyzing the motivations behind this shift, examining case studies of successful social contract implementations across various sectors. The paper uses a qualitative method of assessment and interpretation of social contract clauses in Republic of Türkiye that effectively become a form of business contracts between communities and companies. The findings suggest that as businesses in Türkiye navigate the complexities of globalization and social expectations, social contracts may serve as a transformative approach to redefining corporate-community relationships, ultimately fostering a more inclusive and sustainable business environment.
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Silfi Oktarina Suryani, Yasrul Huda, and Hamda Sulfinadia. "Keharusan Baralek Sebagai Syarat Akad Pernikahan Dalam Masyarakat Nagari Sungai Nanam Kab. Solok." JURNAL ILMIAH RESEARCH AND DEVELOPMENT STUDENT 2, no. 2 (2024): 40–52. http://dx.doi.org/10.59024/jis.v2i2.743.

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Abstract. Abstract. The research objective in this study is to look at community customs in maintaining the baralek tradition so that the implementation of baralek is used as a condition for marriage contracts in the Sungai Nanam community, Lembah Gumanti District, Solok Regency. Formulation of the problem of how the baralek process is carried out and looking at the necessity of baralek and looking at the impact of Islamic law on the necessity of baralek in the Sungai Nanam community, Lembah Gumanti District, Solok Regency. Type of field research (field research. Data collection techniques through observation, interviews and documentation. The results of this research are: first, the procession for implementing the baralek obligation in the Sungai Nanam community was initially carried out with manyilau, after that the procession of proposing marriage, mahanta siriah, balatak tando, new marriage contract Entering the baralek procession, the factors that require the implementation of baralek are customs, social status, economics and education. According to traditional Islamic law, the requirement to carry out baralek as a condition of the marriage contract in the Nanam River community is included in the category that is more detrimental because after the implementation of baralek there is a debt that must be incurred. paid by the family and the bride and groom can be classified as 'urf-fasid if it is done excessively.
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Baharsyam, Nur Annisa, Rahman Ambo Masse, and A. Zulfikar Darussalam. "Analisis Akad Syariah Terkait Transaksi ShopeePay Pada Aplikasi Shopee." Al-Kharaj : Jurnal Ekonomi, Keuangan & Bisnis Syariah 5, no. 5 (2022): 2185–94. http://dx.doi.org/10.47467/alkharaj.v5i5.2386.

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The main problem in this research is the large number of shopeepay users so that there are pros and cons in the community regarding the use of shopeepay in islam. Ustadz muhammad ihsan said that if you want to know the islamic view of e-wallet which has a function to save money digitally including shopeepay, then we need to see the contract that occurs between the user and the shopeepay company. The purpose of this study is to find out how the shopeepay transaction system is in the shopee market place and to find out how to analyze sharia contracts related to shopeepay transactions on the shopee application. This type of research uses descriptive qualitative research. In general, descriptive research is non-hypothetical research, which provides a clear and complete form of an occurrence of a phenomenon. Research in qualitative research seeks to understand the meaning of events by trying to interact with actors in these events. The results of the study show that the sharia contract used in shopeepay transactions on the shopee application is the wadi’ah contract. When viewed from the perspective of fiqh muamalah, when the user does a top-up, that's where the wadi’ah contract takes place. But in the contract, the wadi’ah itself is divided into two, namely wadi’ah yad amanah and wadi’ah yad dhamanah. Based on the results of the study, the contract that is closer to the implementation of shopeepay is the wadi’ah yad dhamanah contract.&#x0D; Keywords: Sharia Contract; ShopeePay; Shopee
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Holle, Muhammad H., and Sardin Wanci. "PERSPEKTIF MASLAHAH MURSALAH TENTANG IMPLEMENTASI AKAD QARDH DALAM PEMBIAYAAN USAHA MIKRO DI BANK WAKAF MIKRO AL-ANSHOR PEDULI KOTA AMBON." Al-Qashdu : Jurnal Ekonomi dan Keuangan Syariah 1, no. 2 (2021): 81. http://dx.doi.org/10.46339/al-qashdu.v1i2.586.

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The purpose of this study was to describe the implementation of qardh contract financing at Al-Anshor Peduli Micro Waqf Bank Ambon, and to find out Maslahah Mursalah's Perspective on Qardh Contract Implementation in Micro Business Financing at Al-Anshor Peduli Micro Waqf Bank Ambon City. This research was conducted using qualitative descriptive techniques and field studies (library research). The results of the study: 1. qardh financing is carried out by socializing to micro business actors or community members who want to start a business. 2. Utilization of the qardh contract in accordance with the principle of maslahah mursalah, according to the perspective of maslahah mursalah. Implementation of credit financing qardh contracts to provide benefits for micro business actors who have difficulty working capital and people who want to start a business but lack funds.
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Ilham, Ilham, Rifaat Ahmed, and Musliadi Musliadi. "Pemahaman Masyarakat tentang Wakalah dalam akad pernikahan menurut Kompilasi Hukum Islam di Kabuapeten Bone." Jurnal Tana Mana 1, no. 1 (2020): 81–101. http://dx.doi.org/10.33648/jtm.v1i1.149.

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The purpose of the research is to find out the motivation of the guardian in representing his trusteeship to another party. To find out the practice of guardian wakalah in marriage contract in Bone Regency and to find out the views of community leaders about the guardian's wakalah in marriage contract. From the results of the study showed the understanding of the people of Bone regency. In carrying out the guardian's wakalah in the marriage contract is the community feel happy or proud if the marriage of their kiai daughter or teacher of the child, has become a culture in the community. concerned can afford to do it, Many people feel unable to marry their own children so that they represent them to local leaders or religious leaders..Keywords: Community Understanding, Wakalah, marriage contract and Compilation of Islamic Law
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Putri Andini Al Khoiri. "Penerapan Akad Murabahah di PT. BANK SYARIAH KCP MEDAN Padang Bulan." Journal of Islamic Economics and Finance 2, no. 2 (2024): 30–35. http://dx.doi.org/10.59841/jureksi.v2i2.1044.

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Sharia banks are currently on the rise and have become a reference for the public. One of them is 4.444 loans with a profit sharing system. Therefore, various sharia banking products, including the application of Murabahah contracts to PT financing products, must be understood by the wider community. Sharia People's Financial BANK SHARIA INDONESIA KCP MEDAN PADANG BULAN. This article explains the introduction of Murabahah contracts in PT loan products. People's Sharia Financial BSI KCP MEDAN PADANG BULAN This article uses qualitative research, collecting data through online interviews with PT manager BANK SHARIA INDONESIA KCP MEDAN PADANG BULAN. The result of this research is the application of a financing contract, namely the Murabaha contract, namely a contract for buying and selling goods at the original price with additional agreed profits. Technically, Sharia Banking Murabahah is defined as an agreement agreed between a sharia bank and a customer where the bank provides financing for the purchase of raw materials and other working capital needed by the custome.
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Bennet, Laura, Louise Nicholson, and Alistair Gunn. "Contract academic staff career development: An oxymoron?" New Zealand Science Review 62, no. 3 (2023): 62–68. http://dx.doi.org/10.26686/nzsr.v62.8910.

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​As part of its Strategic Review, the New Zealand Tertiary Education Commission (TEC) is seeking to foster a broad discussion about the issues confronting the research workforce. This paper examines the increasing predominance of contract or ‘temporary’ staff amongst research academics in biomedical sciences. This transformation of the academic workforce has gone almost unnoticed amongst the wider community. However, New Zealand’s research performance is critical to developing the knowledge-based economy. As highlighted in major reviews overseas, the instability associated with an excessive dependence on contract staff for research has major implications for the future. We explore some of the factors behind this transformation, implications for research and academic performance, and some potential policy changes that have been proposed to mitigate its effects. This review particularly highlights an immediate policy issue, in that we found that there are no systematic data to either quantify the changes over time or the current extent of New Zealand’s dependence on contract staff for tertiary research and teaching.
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Novia, Rika, Benny Hidayat, and Akhmad Suraji. "Identification of Factors Causing Construction Contract Breaks and Recommendations for Improvement in West Pasaman Regency." CIVED 11, no. 3 (2024): 767–82. http://dx.doi.org/10.24036/cived.v11i3.573.

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The implementation of construction projects in the Regional Government of West Pasaman Regency almost every year there is always a termination of the contract which results in not achieving the government's goal of increasing the standard of living of the community because the targets set by the Government are delayed and hampered. This research was carried out which aims to identify the causes of contract termination in the implementation of construction service procurement in West Pasaman Regency, analyze and evaluate the causes of contract termination in construction implementation, and determine recommendations for improvement to prevent contract termination in the implementation of construction service procurement in Pasaman Regency West. This study uses descriptive qualitative analysis based on the results of interviews with CMO and TIO for work that has terminated its contract and analyzes administrative data on termination of contracts for construction work which has experienced termination of contract. The methods used in the discussion to find out the factors that cause construction contract termination are the Fault Tree Analysis (FTA) Method and the Obtain Cut Set (MOCUS) Method. From this study it can be concluded that the main factor causing the breakup of construction contracts is the owner's firmness with the performance of the provider, the provider being evaluated is unable to carry out the work, the contract termination should be carried out earlier, not waiting for the end of the year and not providing an extension of the implementation period past the fiscal year and the owner is negligent. in controlling the contract. While the supporting factors that cause the termination of the contract are the provider's fault, namely poor project management, the practice of borrowing company flags, not having capital, not heeding the instructions of the owner and field supervisor as well as other factors, namely disturbance factors from the community around the work location, weather, selection of providers and material supply. For recommendations for future improvements, it is recommended that the owner carry out control of the construction contract more optimally and the provider is more professional at work. This study analyzes the factors that cause construction contract terminations only from the owner's point of view, therefore further research is still needed from the point of view of job providers and supervisors to see the characteristics and possibilities of other different factors.
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Lafta, Naseer Sabbar. "The Legal Nature of The Scientific Research Contract." Akkad Journal Of Law And Public Policy 1, no. 2 (2022): 92–105. http://dx.doi.org/10.55202/ajlpp.v1i2.69.

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Because traditional contractual formulae do not always correspond to the patterns of sophisticated intellectual dealing, the world of knowledge is beginning to arrange itself automatically via the use of new and organized structures. The article's objective is to analyze Iraq's current contract law for scientific research, which must conform to the terms of the contract law governing the Nature of the research Community. The article uses broad scientific and specialized legal methodologies to advance the scientific understanding of private-law relationships. The modeling methodology is the most effective tool for investigating this topic. Therefore, contracting and working in a hands-on research contract was a reaction to a new phase of scientific research development based on scientific knowledge. It is active in a variety of sectors of scientific knowledge, as well as adaptable to the unique demands of scientific knowledge students. As a means of communicating information from the specialist (researcher) to the person who is aware of it (the beneficiary) for them to desire it from behind this information.
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Chandra, Pankaj, Santosh Soni, Akanksha Gupta, Prayas Kumar, and Kunal Raj. "THREAT PREVENTION & VULNERABILITY ANALYSIS OF SMART CONTRACTS IN BLOCKCHAIN NETWORKS." Suranaree Journal of Science and Technology 30, no. 5 (2023): 010256(1–19). http://dx.doi.org/10.55766/sujst-2023-05-e01234.

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Blockchain technology now relies heavily on smart contracts, which offer self-executing code for the exchange of goods and data. Smart contracts enable financial activities like payments and auctions on blockchain systems. Even if bugs are found, they cannot be changed. They are frequently used to automate the implementation of agreements so that all parties may be confident in the conclusion without the need for an intermediary. But because of their openness and how they interact with one another in the blockchain ecosystem, these contracts are vulnerable to security risks. Smart contract security research has advanced significantly in recent years. The research community of smart contract security has made a significant improvement recently. Researchers have identified several security flaws in smart contracts and have created frameworks for verification and static analysis to find them. This study attempts to identify the most critical software security issues that affect smart contracts. These are then handled utilizing a variety of methods and equipment common to the sector
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Muzalifah, Muzalifah, and Ali Sodiqin. "Oral Contract on the Sale and Purchase Transactions in the Traditional Market of Palangka Raya City." FITRAH: Jurnal Kajian Ilmu-ilmu Keislaman 6, no. 2 (2020): 173–90. http://dx.doi.org/10.24952/fitrah.v6i2.2711.

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The application of an oral contract in buying and selling transactions in Palangka Raya City is a form of contract adopted from Banjar culture. Even traditional market players in Palangka Raya City, in particular, interpret the oral contract as something that is very principle, so that they consider a contract invalid if it is not stated verbally. This article explores the question of why the oral contract in buying and selling in Palangka Raya City is still being applied and how the oral contract law is in buying and selling transactions in Palangka Raya City. This research is qualitative research with a phenomenological approach. This study found that the application of oral contracts in buying and selling transactions in Palangka Raya City originated from the habits of Banjar tribe traders who trade in Palangka Raya City. This habit, then, develops into the habit of the local community, so it becomes a necessity to be implemented. The law of the oral contract in the transaction is valid in terms of Islamic law and civil law because it fulfills the requirements and is in harmony with the contract in buying and selling and is carried out voluntarily, is based on the principle of freedom of contract. There is a balance of achievement, and has legal certainty so that it binds both parties. The existence of this oral contract shows the legitimacy of legal norms, religious norms, and customary norms.
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Pratiwi, Fita Dwi. "Legal Guarantees Against Breach of International Trade Contracts Due to Non-Conformity of Goods Details reviewed from the CISG." Jurnal Justiciabelen 5, no. 2 (2022): 53. http://dx.doi.org/10.30587/justiciabelen.v5i2.5023.

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in international contract transactions are currently not a difficult thing, the existence of these various technological advances provides a considerable opportunity and opportunity for the international community to establish cooperative relations between them. The execution of the contract in various ways can certainly cause problems or obstacles, especially in long-term contracts, it can be due to discrepancies in the details of the goods sold, the existence of force majeure circumstances that can result in the contract being unenforceable, or there may be changes in circumstances, such as political crises, currency fluctuations, economic crises. However, this study will focus more on discussing legal guarantees against violations of international trade contracts due to discrepancies in the details of goods reviewed from the CISG. International business cooperation transactions are the study of private law, where in private law, the law provides wider opportunities for each party to make, promise and implement the clauses they make. However, it is undeniable that to be able to carry out these activities, the parties must carefully understand and understand the legal rules that exist in the State of each party.&#x0D; The research method carried out uses normative juridical, i.e legal studies carried out by using examining library materials or secondary legal materials. Meanwhile, in collecting data, it is carried out with two approaches, namely the conceptual method and the statutory technique. The purpose of this research is to find out how the legal guarantees that apply in international trade contract law if there is a violation in the contract due to discrepancies in the details of the goods received and what form of settlement efforts can be made by sellers and buyers in international trade contracts. This research resulted in a relationship to the legal guarantee of a breach of an international trade contract and what efforts were made by the parties to the matter in terms of the CISG international contract transactions are currently not a difficult thing, the existence of these various technological advances provides a considerable opportunity and opportunity for the international community to establish cooperative relations between them. The execution of the contract in various ways can certainly cause problems or obstacles, especially in long-term contracts, it can be due to discrepancies in the details of the goods sold, the existence of force majeure circumstances that can result in the contract being unenforceable, or there may be changes in circumstances, such as political crises, currency fluctuations, economic crises. However, this study will focus more on discussing legal guarantees against violations of international trade contracts due to discrepancies in the details of goods reviewed from the CISG. International business cooperation transactions are the study of private law, where in private law, the law provides wider opportunities for each party to make, promise and implement the clauses they make. However, it is undeniable that to be able to carry out these activities, the parties must carefully understand and understand the legal rules that exist in the State of each party.&#x0D; The research method carried out uses normative juridical, i.e legal studies carried out by using examining library materials or secondary legal materials. Meanwhile, in collecting data, it is carried out with two approaches, namely the conceptual method and the statutory technique. The purpose of this research is to find out how the legal guarantees that apply in international trade contract law if there is a violation in the contract due to discrepancies in the details of the goods received and what form of settlement efforts can be made by sellers and buyers in international trade contracts. This research resulted in a relationship to the legal guarantee of a breach of an international trade contract and what efforts were made by the parties to the matter in terms of the CISG
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Setiawan, Mohammad Irvan, Renny Oktafia, and Fauzatul Laily Nisa. "Penerapan Akad Murabahah dalam Pembiayaan bagi Nasabah Inklusif di BTPN Syariah." El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam 5, no. 2 (2024): 770–90. http://dx.doi.org/10.47467/elmal.v5i2.609.

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The existence of Islamic banking in the midst of Indonesian community activities is one of the options in carrying out economic activities, Islamic banks that operate according to Islamic principles. One of the Islamic banks in Indonesia is Bank BTPN Syariah, in the financial sector carried out by BTPN Syariah there is one financing product that uses a murabahah contract. The agreement in question is the same as the sale and purchase contract. The financing carried out by BTPN Syariah is intended for inclusive customers who are underprivileged mothers who have not been touched by banks, so BTPN Syariah's role here is to provide financing and training in developing its customers' businesses. The method used in this study is a qualitative research method by conducting interviews and observations. Based on the results of the research that has been conducted, it is known that the application of murabahah contracts in financing at BTPN Syariah is also carried out with Wakalah contracts so that the purchase of goods is not carried out directly by the bank, but the purchase of goods is represented to the customer by the bank. So that the financing carried out by BTPN Syariah does not fully use a murabahah contract, but becomes a wakalah wal murabahah contract on "Tepat Pembiayaan Syariah" financing product. Keywords: BTPN Syariah, Financing, Murabahah Contract
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Setiawan, Mohammad Irvan, Renny Oktafia, and Fauzatul Laily Nisa. "Penerapan Akad Murabahah Dalam Pembiayaan Bagi Nasabah Inklusif di BTPN Syariah." El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam 5, no. 2 (2023): 530–50. http://dx.doi.org/10.47467/elmal.v5i2.4499.

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The existence of Islamic banking in the midst of Indonesian community activities is one of the options in carrying out economic activities, Islamic banks that operate according to Islamic principles. One of the Islamic banks in Indonesia is Bank BTPN Syariah, in the financial sector carried out by BTPN Syariah there is one financing product that uses a murabahah contract. The agreement in question is the same as the sale and purchase contract. The financing carried out by BTPN Syariah is intended for inclusive customers who are underprivileged mothers who have not been touched by banks, so BTPN Syariah's role here is to provide financing and training in developing its customers' businesses. The method used in this study is a qualitative research method by conducting interviews and observations. Based on the results of the research that has been conducted, it is known that the application of murabahah contracts in financing at BTPN Syariah is also carried out with Wakalah contracts so that the purchase of goods is not carried out directly by the bank, but the purchase of goods is represented to the customer by the bank. So that the financing carried out by BTPN Syariah does not fully use a murabahah contract, but becomes a wakalah wal murabahah contract on "Tepat Pembiayaan Syariah" financing product.&#x0D; Keywords: BTPN Syariah, Financing, Murabahah Contract
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Gracia Tribuana Wibowo and Sumriyah Sumriyah. "Implementasi Perjanjian Tertulis dalam Kegiatan Sewa Menyewa Lahan Pertanian." ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora 3, no. 1 (2024): 91–100. https://doi.org/10.59246/aladalah.v3i1.1100.

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The urgency of arranging written contracts in business practice is to ensure that the exchange of interests (rights and obligations) takes place proportionally for the parties, and to provide legal certainty that can guarantee that the parties are not harmed by each other, so that a fair contractual relationship can be established. and mutually beneficial. Not the other way around, harming one of the parties or even ultimately harming the contracting parties. Likewise, with the commercial contracts which are the focus of this research, simply questioning contractual imbalances based on the sound of the contract clauses actually goes against the essence of the contractual relationship built by the parties. In commercial contracts, the aim of the parties is more aimed at building business relationships that are fair and do not harm each other. Rentals of agricultural land involving farmers and also the community who own the land should be contained in a written contract containing clauses that have been agreed upon by the parties to obtain legal certainty. The urgency of arranging written contracts in business practice is to ensure that the exchange of interests (rights and obligations) takes place proportionally for the parties, and to provide legal certainty that can guarantee that the parties are not harmed by each other, so that a fair contractual relationship can be established. and mutually beneficial. Not the other way around, harming one of the parties or even ultimately harming the contracting parties. Likewise, with the commercial contracts which are the focus of this research, simply questioning contractual imbalances based on the sound of the contract clauses actually goes against the essence of the contractual relationship built by the parties. In commercial contracts, the aim of the parties is more aimed at building business relationships that are fair and do not harm each other. Rentals of agricultural land involving farmers and also the community who own the land should be contained in a written contract containing clauses that have been agreed upon by the parties to obtain legal certainty.
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31

Fathoni, Kamal, Salmawati Salma, A. Faruk Faruq, Muhammad Arifin Arifin, and M. Thoriq Thoriq. "The Practice of Ijarah Agreement in Gold Pawn: An Islamic Law Study at Jambi Sharia Pawnshop." NALAR FIQH: Jurnal Hukum Islam 15, no. 2 (2024): 62–72. https://doi.org/10.30631/nf.v15i2.1691.

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Cooperation in the form of wage-hire transactions, known as ijarah contracts, is one of the important forms of muamalah in everyday life, including in gold pawn financing at Pegadaian Syariah. In the gold pawn scheme, Pegadaian Syariah implements two contracts simultaneously, namely the rahn contract for debt guarantee and the ijarah contract for charging storage fees, whose compliance with sharia principles is a major concern. This research aims to fill the knowledge gap related to the application of two contracts in one transaction in Islamic Pawnshops, especially in the context of the DSN-MUI fatwa and Islamic law. This research uses a descriptive qualitative method with a case study approach through observation, interviews, and documentation at Pegadaian Syariah Jambi Branch. The results showed that the application of the ijarah contract and rahn contract in the gold pawn product at Pegadaian Syariah is in accordance with sharia principles, as regulated in DSN-MUI Fatwa No. 25/DSN-MUI/III/2002 concerning Rahn and DSN-MUI Fatwa No. 26/DSN-MUI/III/2002 concerning Gold Rahn. Pegadaian Syariah does not use an interest system, but applies ijarah fees based on the value of the goods and the storage period. The financing facility of 95% of the gold's appraised value provides a fair financial solution for the community. The implications of this research provide a practical and theoretical basis for the development of sharia-based pawn products that are more transparent and equitable. ­
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Kuo, Yu-Ching, and Sheng-Ju Chan. "In dialogue with science’s social contract with society." Asian Education and Development Studies 7, no. 2 (2018): 127–43. http://dx.doi.org/10.1108/aeds-09-2017-0094.

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Purpose The science policy has been at the core business of contemporary nations, and determining how to establish a constructive contract between the wider society and the science/academia community has become a continuous challenge and major task. The purpose of this paper is to draw on Bush’s (1945) classical works and other scholarly stances in an attempt to reveal how research funding discourses and practices in Taiwanese universities have taken shape and been implemented. Design/methodology/approach Against this broader context, the authors examine the main elements of official documents and significant statistical evidence from recent years. Findings In summary, basic research investment has comparatively underperformed while the business sector has contributed relatively higher expenditures to the university sector at the international level. A strong state-led approach has been identified as the key characteristics of research funding policy for industrial development/economic growth or social problem solving. Although not making an effort to “save the nation,” the state has been dominant in steering the direction of priority areas and issues for university research in order to achieve better international competitiveness and, in turn, nation building. Research limitations/implications The authors examine the impact of the interplay between science’s social contract with society and rhetorical devices on the institutionalization of the university research funding policy framework in Taiwan. The exploration of this interplay leads the authors to elaborate tensions between the government, industry, universities, and research communities in Taiwan. As in other contexts, the race between social accountability and academic autonomy has evolved to be a significant element of these tensions in Taiwan. For better reflecting the public needs or social demands, a greater autonomy for the science community is desirable and favorable for long-term development. Originality/value The science policy is a rarely addressed but critical issue for the past two decades. Along with the increasing demand on value for money publicly funded research, societal accountability, and the international competition caused by league tables and cutting-edge technology innovation, this paper draws on classical and current mainstream discourses of science’s contract with society by investigating into Taiwanese research funding in the higher education sector. All findings are highly original for theoretical and practical implications.
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Irmanto Brampu, Henry Aspan, and H. Dahlan. "Application Of The Principle Of Freedom Of Contract In Business Contracts In Indonesia." International Journal of Law and Society 1, no. 2 (2024): 91–101. http://dx.doi.org/10.62951/ijls.v1i2.27.

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The Indonesian business community is currently developing very rapidly, and the number of business transactions in Indonesia has also increased. This situation shows that the Indonesian economy is very favorable for people who want to do business in Indonesia, not only Indonesian entrepreneurs but also foreign entrepreneurs. A legal principle applies to the agreement, namely the principle of freedom of contract, which declares a person's freedom to enter into a contract in a conditional form. As long as the parties agree and does not violate etiquette and law, the agreement will be valid. . The research method used is the normative legal approach, which is the analysis and understanding of law within the framework of this study as a set of positive rules or norms in a legal system that governs human life. This was done by studying books, laws, regulations and other documents relevant to this study. In addition, the collection of legal materials also includes legal material analysis methods and legal analysis methods that adjust should be, as long as this is the method of measuring and analyzing the issues in this study. The application of the principle of freedom of commercial contract requires the parties to maintain a balanced position when formulating agreements regulating commercial legal relationships. If a balance is not achieved, economic actors will limit and avoid liability by including release clauses. It is therefore necessary for the government to intervene to limit the application of the principle of freedom of contract through standard contracts by establishing rules prohibiting the inclusion of exemption clauses and monitoring the use of standard clauses in the economy by economic operators.
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Akyuwen, Rory Jeff, Wijaya Natalia Panjaitan, and Syadzwina Hindun Nabila. "The Principle of Good Faith In Transactional Agreements In The Community of West Seram Regency." Batulis Civil Law Review 4, no. 2 (2023): 119. http://dx.doi.org/10.47268/ballrev.v4i2.1842.

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Introduction: In the western Seram Regency, in some contracts made by the people of Wasia and Rumahkay villages, there is an imbalance in the implementation of contracts where contracts that occur most often are oral contracts in addition to written contracts, where each contract made often does not fulfill the elements of Article 1338 of the Civil Code which contains the principle of good faith.Purposes of the Research: to find out how The Principle Of Good Faith In Transactional Agreements In The Community Of West Seram Regency. Methods of the Research: This Study Case uses sociolegal research, which is a combination research method between doctrinal legal research methods and empirical legal research methods. Results of the Research: The consequences of the existence of the principle of bad faith in the agreement being canceled because it did not fulfill the subjective requirements in the agreement. The solution is the need for encouragement for the Village Government as a Transactional Agreement Deed Facilitator as a preventive measure to reduce the inequality of agreements. In addition, there is a need for a standardized agreement format provided by the village government to meet the transactional needs of the community.
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Li, Hui, Ranran Dang, Yao Yao, and Han Wang. "A Review of Approaches for Detecting Vulnerabilities in Smart Contracts within Web 3.0 Applications." Blockchains 1, no. 1 (2023): 3–18. http://dx.doi.org/10.3390/blockchains1010002.

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Smart contracts, programs running on a blockchain, play a crucial role in driving Web 3.0 across a variety of domains, such as digital finance and future networks. However, they currently face significant security vulnerabilities that could result in potential risks and losses. This paper outlines the inherent vulnerabilities of smart contracts, both those typical of their applications and those unique to Web 3.0 applications. We then systematically classify the techniques based on their core approach to detecting vulnerabilities in smart contracts. Using these approaches, we conduct a comparative analysis of existing tools in terms of their vulnerability coverage, detection effectiveness, open-source availability, and integration capabilities. Finally, we present the Co-Governed Sovereignty Multi-Identifier Network (CoG-MIN) as a case study to demonstrate the significance of smart contract application security in establishing a community with a shared future in cyberspace during the Web 3.0 era and anticipate future research directions with challenges. To conclude, this study addresses the gap in integrating existing smart contract security research with the advancement of Web 3.0 development, while also providing recommendations for future research directions.
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Sari, Chyntia Kemala, Sriwardany Sriwardany, Ova Novi Irama, and Wilda Sri Munawarah. "Analysis of the Implementation of Syariah Home Ownership Credit (KPR) Financing With the Murabahah Agreement at Bank Syariah Indonesia KCP Medan Juanda." International Journal Of Education, Social Studies, And Management (IJESSM) 4, no. 3 (2025): 1417–35. https://doi.org/10.52121/ijessm.v4i3.686.

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Sharia mortgage shows that sharia banking is currently developing very well. In general, sharia banks are institutions that function to receive and distribute community funds but with sharia principles. In receiving or distributing financing to the community, there are many contracts used in sharia banks. Such as mudharabah, wadiah, murabahah, etc. However, for the distribution of financing to the community, sharia banks generally use the murabahah sale and purchase contract. This study aims to determine the application of the murabahah contract in sharia mortgage financing at Bank Syariah Indonesia Kcp Medan Juanda on Jl. l. Ir. H. Juanda No.3a, Ps. Merah Bar., Kec. Medan City. To determine the application of the contract in accordance with the fatwa of the National Sharia Council of the Indonesian Ulema Council. This type of research uses a qualitative descriptive method and in collecting data, this type of research uses a case study approach. The data analysis techniques used are data reduction, data presentation and drawing conclusions. The data validity test used in this study is the credibility test. The results of this study indicate that; The risks that occur at Bank Syariah Indonesia KCP Medan Juanda in financing Sharia KPR using the murabahah contract are financing risk, operational risk, market risk and liquidity risk caused by events originating from internal (Bank Syariah Indonesia KCP Medan Juanda Mada) and external banks ( customers and markets). The implementation of risk management at Bank Syariah Indonesia KCP Medan Juanda is carried out by identifying risks, measuring risks using the 5C Credit Analysis method, monitoring risks, and controlling risks. In addition, these regulations are in accordance with the Company's Internal SOP and the regulations of the Financial Services Authority.
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Hamdi, Ahmad, M. Rivqi Amin, and Mursyid Mursyid. "Implementasi Pembiayaan Murabahah Bil Wakalah di PT. BPRS Bhakti Sumekar Cabang Pratama Ra’as Sumenep." Mazinda : Jurnal Akuntansi, Keuangan, dan Bisnis 1, no. 1 (2023): 70–75. http://dx.doi.org/10.35316/mazinda.v1i1.2659.

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As an intermediary institution, Islamic financial institutions (LKS) collect funds from the public through savings (savings), then channel them back to the community in the form of working capital and investment financing. One of the most dominant distributions of this financing is using a murabahah bil wakalah contract. As is the case with the BPRS Bhakti Sumekar Branch Pratama Ra'as. This study aims to find out in depth how the implementation of the contract in the field. Murabaha financing is the most dominant fund distribution scheme in LKS. Because it has a smaller risk for banks compared to implementing mudharabah and musyarakah contracts. This qualitative research uses data obtained from primary and secondary sources. Data is collected by observation, interview, and document methods. Any data that the researcher managed to collect, analyzed and tested its validity using source and method triangulation methods. The resulting conclusion is that the application of murabahah bil wakalah financing at BPRS Bhakti Sumekar Pratama Ra'as Branch is carried out with two contracts, namely starting with the wakalah contract first, then continuing with the murabahah contract. It's just that these two contracts are not set forth in their respective evidence, but are united in one contract agreement. This adaptation was made due to the efficiency and effectiveness aspects of time due to the limited number of BPRS personnel to serve the large number of financing customers.
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Huda, Moh Nurul, and Muhammad Ridwan Lubis. "IIMPLEMENTATION OF LEGAL CERTAINTY ON COMPARATIVE STUDIES OF IJARAH MUNTAHIYA BITTAMLIK & RENTAL CONTRACT." Jurnal Akta 8, no. 2 (2021): 121. http://dx.doi.org/10.30659/akta.v8i2.15459.

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In recent times, it has become common among the public regarding the Ijarah Muntahiya Bittamlik (IMBT) contract. IMBT is a contract similar to a lease and purchase agreement. In practice in the community, these two contracts are carried out by means of renting first and ending with buying and selling. Although, in general they have similarities, these two agreements have differences that have different consequences. The research method used in this study is doctrinal legal research with a comparative law approach. The results of this study indicate that the IMBT contract has more legal certainty than the lease-purchase agreement. This is because the IMBT contract has provisions regulated in the Sharia Banking Law, the Sharia Economic Law Compilation, and PSAK No. 107 concerning Ijarah and IMBT accounting, while the lease purchase agreement is only based on the principle of freedom of contract. The implementation of the IMBT contract also has more legal certainty, considering that dispute resolution efforts can be carried out through the provisions of Article 283 and Article 284 of the KHES by carrying out sales of the disputed object. This is different from a lease-purchase agreement, where dispute resolution efforts are generally carried out through unilateral withdrawals and the agreement also contains standard clauses that have the potential to violate Article 18 of the Consumer Protection Law.
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Ilmi, Ning Kholisotul, and Ridho Sugiyono. "Persepsi Guru Al Amien Prenduan tentang Akad Mudharabah di BNI Syari’ah Sumenep." rechtenstudent 1, no. 3 (2021): 225–31. http://dx.doi.org/10.35719/rch.v1i3.31.

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&#x0D; &#x0D; &#x0D; &#x0D; The development of sharia banking has become a measure of the success of the sharia economy. Syharia banks have a function as channeling funds to the community and collecting funds from the community. In sharia banking, there are several contracts that have been implemented, one of which is mudharabah contract. Mudharabah contract is a business cooperation between two parties where the first party (shahibul maal) provides the capital while the second party becomes the manager (mudharib). The purpose of this study is to find out more about the teacher Al Amien Prenduan's perceptions of the mudharabah contract that has been implemented at BNI Sharia Sumenep. The researchers use a case study qualitative research. The methods used are interview and documentation methods. The results show, the majority of teachers at Al Amien Prenduan used savings at the BNI Sharia Sumenep bank. Knowledge of the existence of sharia banks is evident in the form of savings which are mostly used by Al Amien Prenduan teachers. However, the promotion carried out by the sharia bank is felt by the teacher Al Amien Prenduan. The Al Amien Prenduan teachers’ understanding of mudharabah contract is felt to be less influencing perceptions of the operational system and also the way of services provided. Meanwhile, Al Amien's teacher do not understand more deeply about mudharabah contract, among others, due to lack of information and lack of socialization from the financial institution.&#x0D; &#x0D; &#x0D; &#x0D;
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Arifin, Zarul. "THE EFFECTIVENESS OF THE WAKALAH ACCOUNT ON WOMEN GROUP SPECIFIC LOAN SAVINGS FROM THE NATIONAL PROGRAM FOR SHARIA-BASED COMMUNITY E." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 20, no. 2 (2020): 295–306. http://dx.doi.org/10.19109/nurani.v20i2.5241.

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This research is based on the National Program for Community Empowerment in Semparuk sub-district, which was previously conventional, has now switched to Sharia using the wakalah contract. This study aims to determine the effectiveness and analysis of Islamic law on the wakalah contract in the Sharia-based National Community Empowerment Program in the Semparuk Activity Management Unit. The type of this research is field research, using a descriptive qualitative approach. The collection techniques used in this study were interviews, documentation based on primary sources, namely the management of the Semparuk Activities Management Unit and groups of women (customers) who borrowed from the Sharia-based National Community Empowerment Program. Based on the research results, it is concluded that the effectiveness of the National Community Empowerment Program is good. Semparuk Activities Management Unit has carried out business activities based on sharia principles or Islamic legal principles which are regulated in the fatwas of the Indonesian Ulema Council such as the principles of justice and balance, and do not contain gharar, maysir, usury, zalim and haram objects.
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41

Azharuddin, Azharuddin. "PELAKSANAAN ADAT BARALLEK SEBELUM AKAD NIKAH TINJAUAN HUKUM ISLAM (Studi Kebiasaan Masyarakat Rantau Gedang Kabupaten Aceh Singkil)." Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial 8, no. 1 (2022): 64–74. http://dx.doi.org/10.24952/el-qanuniy.v8i1.5880.

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Walimatul 'ursy which the people of Rantau Gedang call the barallek custom is always carried out when a marriage event occurs, which is unique in that the local community often carries out the barallek custom before the wedding. The purpose of this study is to analyze why the implementation of the barallek custom before the marriage contract is often carried out by the people of Rantau Gedang. This research is an empirical juridical research, because this research looks at the rule of law with practices that occur in the field, while the legal approach used is a legal anthropological approach because this problem is analyzed based on 'urf in Islamic law. The results showed that the traditional practice of barallek in the Rantau Gedang community occurred after carrying out the marriage contract and before carrying out the marriage contract, this first practice usually has a gap between the marriage contract and the barallek custom which sometimes takes weeks and months. The second practice is carried out by the barallek custom first, then after the culmination of the barallek tradition is completed, the marriage contract is carried out. According to Islamic law, the practice of barallek custom before the marriage contract is carried out is in accordance with 'urf sahih, because the purpose of carrying out the barallek custom before the marriage contract is so that the bride's marriage can be witnessed by all families and the general public, apart from that it is also to strengthen the relationship between the two large families. the bride and groom.
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42

Fathony, Alvan, and Ahmad Nur Bustomi. "The Implementasi Akad Isthisna’ Tanpa Bank Dalam Memenangkan Persaingan Bisnis Property (Studi Kasus di PT Samawa Proper." Perisai : Islamic Banking and Finance Journal 5, no. 2 (2021): 204–15. http://dx.doi.org/10.21070/perisai.v5i2.1531.

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The house is one of the needs that must be fulfilled by humans, the need for housing in Indonesia is increasing every year in line with the high population growth. Based on a letter issued by the finance minister regarding the home ownership loan program, many residential property business developers offer home services in an effort to meet the need for housing. Then came the conventional mortgages and sharia mortgages. Sharia mortgages are schemes that continue to develop and attract public interest with their sharia transaction systems, either with a Murabaha or Isthisna 'contract. This study aims to find out how the practice of istishna contract is applied by the developer of PT Samawa Property Group. This type of research is descriptive qualitative research with exposure related to solving existing problems. The results of this study indicate that the contract used is the istishna contract which is able to meet the needs of the community for houses without riba transactions, clear price transparency, no fines or confiscation so that it is mutually beneficial and able to improve the welfare of the community.
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43

Miftakhul Marwa, Muhammad Habibi, and Norma Sari. "Akad Nikah Virtual Perawat Saat Covid-19: Tinjauan Hukum Perkawinan Islam dan Hukum Kesehatan." Jurnal Hukum Ius Quia Iustum 29, no. 3 (2022): 674–97. http://dx.doi.org/10.20885/iustum.vol29.iss3.art10.

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Nurses are at the forefront of handling COVID-19. Technological advances plus the Covid-19 emergency resulted in the implementation of the marriage contract being carried out virtually by nurses while undergoing isolation. This study aims to analyze the practice of virtual nurses' marriage contracts during the covid-19 pandemic according to marriage law and health law. This is a normative legal research conducted by means of literature research to explore primary and secondary legal materials using a conceptual approach. The results of this study concluded that the practice of virtual marriage contracts carried out by nurses during the COVID-19 pandemic had two important aspects to consider, namely aspects of religion and health. The Marriage Law does not explicitly regulate virtual marriage contracts, but the arrangements are returned to the laws of each religion. There are differences of opinion regarding virtual marriage contracts in the treasures of Islamic marriage law. The group that refuses to think that the marriage contract must be carried out directly in one assembly, while those who accept mean one assembly in the sense of one continuous time. Nurses who are in isolation due to Covid and decide to hold a virtual marriage contract as an effort to maintain the health of themselves and the community as well as to realize the maqashid sharia marriage, which is to protect religion, soul, mind, lineage, and property.
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44

Putri, Mega Aulia, Mohammad Yasir Fauzi, Fuji Alia Rahma, Livia Trijunita, and Liky Faizal. "Implementation of Akad al-Ijarah al-Maushufah fi al Dzimah in Indent Home Ownership Financing Products (PPR." RADEN INTAN: Proceedings on Family and Humanity 2, no. 1 (2025): 408–16. https://doi.org/10.47352/3032-503x.92.

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Indonesia has a lot of practices in the community in the form of renting or renting, but in the implementation of the mechanism still uses ordering the benefits of goods or services based on agreed specifications (rental inden). If the legal basis governing IMFZ is salam, then the payment of ujrah must be made in cash at the time of the contract, while if the legal basis governing IMFŻ is ijārah, then the payment of ujrah can be made in installments or deferred like other ijarah contracts. Although the new contract model is an innovative step, it still raises polemics and questions. The reason is, in terms of ujrah payment itself, the scholars of the Imam Madzhab still differ whether it is based on a salam contract or based on an ijarah contract. Not to mention in terms of positive law applicable in Indonesia, whether it is appropriate or even overlaps. Departing from the above problems, it is very important to conduct a comprehensive study of the MUI fatwa regarding the al-ijārah al-mausufah fi al-zimmah contract. Therefore, the author is interested in researching and analyzing how the IMFZ contract fatwa conforms to the contract theory in the perspective of Islamic law and the perspective of Indonesian positive law. This research is expected to be a material consideration as well as an evaluation material for Islamic law regulators in issuing new laws, especially fatwas issued by DSN-MUI. So as to produce quality legal products as well as maslahat for the people. This research uses library research methodology with the references obtained are normative.
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Salmerón-Manzano, Esther, and Francisco Manzano-Agugliaro. "The Role of Smart Contracts in Sustainability: Worldwide Research Trends." Sustainability 11, no. 11 (2019): 3049. http://dx.doi.org/10.3390/su11113049.

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The advent and development of digital technologies has had a significant impact on the establishment of contracts. Smart contracts are designed as computer code containing instructions for executing user agreements, offering a technologically secure solution with numerous advantages and applications. However, smart contracts are not without their problems when we try to fit them into the traditional system of contract law, and their presumed benefits can become shortcomings. Bibliometric studies can help to assess the current state of science in a specific subject and support decision making and research direction. Here, this bibliometric study is used to analyze global trend research in relation to this novel contractual methodology, the smart contract, which seems to have experienced exponential growth since 2014. Specially, this analysis was focused on the main countries involved and the institutions that lead this research worldwide. On the other hand, the indexations of these works are analyzed according to major scientific areas and the keywords of all the works, to detect the subjects to which they are grouped. Community detection has been used to establish the relationship between countries researching in this area, and six clusters have been identified, around which all the work related to this topic is grouped. This work shows the temporal evolution of research related to smart contracts, highlighting that there are two trends—e-commerce and smart power grids. From the perspective of driving sustainability, smart contracts could provide a contribution in the near future.
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Mohammadi, Reza. "The Smart Contracts in the Oil, Gas and Petrochemical Industry." International Journal of Innovation in Management, Economics and Social Sciences 3, no. 3 (2023): 31–38. http://dx.doi.org/10.59615/ijimes.3.3.31.

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Purpose: A smart contract represents an agreement between parties that exploits a blockchain as the enforcing medium, limiting or avoiding the need of a legal enforcement (e.g., a court). The purpose of this paper is the review advantage and challenges of smart contracts on Oil, Gas &amp; Petrochemical Industry. Methodology: This paper does a systematic review to discuss the application prospects of blockchain technology in the oil, gas &amp; Petrochemical industry. Findings: The results show that the smart contract would be effective in Oil, Gas &amp; Petrochemical industry. Originality/Value: Finally, we note that, despite its significant potential, smart contracting is still a developing technology and has several open challenges associated with its implementation, such as privacy concerns, risk of cyber-attacks (such as hacking) and the energy required for computation and blockchain deployment of the contracts. So far, smart contract applications in energy systems have been mostly focused on research, proof-of-concept and demonstration projects (such as P2P demonstration projects run in a local community or microgrid).
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47

Desrina, Desrina, Joni Emirzon, Sri Suatmiati, and Abdul Latif Mahfuz. "Pelaksanaan Perlindungan Hukum Kontrak Kerja Tenaga Kesehatan di Lingkungan Dinas Kesehatan Kota Palembang." AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam 5, no. 2 (2023): 1789–804. http://dx.doi.org/10.37680/almanhaj.v5i2.3446.

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The purpose of this paper explains the increase in honorary or contract personnel to support the performance of civil servants, especially in the context of public services in local governments. Public services are closely related to the community, and contract labor plays an important role in realizing maximum service. The focus of this research is on the implementation of employment contracts and legal protection for health workers at the Palembang City Health Office. This research uses normative research methods with a focus on regulations and written legal materials. Data collection techniques are carried out through documentation, involving data collection through documents related to research problems. The document includes primary, secondary, and tertiary legal materials. Data analysis is carried out in depth and comprehensively with an analytical descriptive approach to answer problems in research. The analysis is carried out by considering the variation of data and the basic nature of the data that is not easily quantified, as well as thorough and holistic. The results showed that the work implementation agreement at the Padang Tuesday Health Center was a form of a certain time work agreement, with valid regulations and conditions based on Article 1320 of the Civil Code. However, the laws and regulations on which the legal basis for the appointment of contract workers do not specifically address the legal rights and protections for contract workers, indicating that there are loopholes that must be addressed.
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Ismail, Mahmoud. "FREEDOM AND THE CONTRACT: FROM ROUSSEAU TO MODELING." Journal of Southwest Jiaotong University 57, no. 6 (2022): 503–12. http://dx.doi.org/10.35741/issn.0258-2724.57.6.47.

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This research sets up a model that governs the attraction relation between the individual freedom and the law community, inspiring Jean-Jacques Rousseau's approach, in his theory of the social contract. The model shall be used to better apply the law of obligations, by the two poles of the model: freedom and interest, the freedom matched by the dispensation, and the commitment matched by the interest, the contract is the reference that we have select to apply the model to in this research, as it is the most vital reference that the model is functional on all references of the law of obligations. The model renames the corresponded terminology on the bases of the contract, as: freedom versus interest, instead of obligation versus right, whereas the model, has adopted the first correspond as a ruling model for the contractual relationship and considers the last correspondence as a result of the first correspondence.
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Lestari, Widia, Nurfiah Anwar, and Muhammad Nasri Katman. "Akad Musaqah pada Praktik Matteseng dalam Meningkatkan Kesejahteraan Masyarakat di Kecamatan Pitumpanua Kabupaten Wajo." ISLAMIKA 6, no. 2 (2024): 461–69. http://dx.doi.org/10.36088/islamika.v6i2.4468.

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The practice of matteseng is a form of work carried out by the community in Pitumpanua sub-district, Wajo Regency, which is established between land owners and managers. It is necessary to study whether the practice of matteseng by implementing musaqah contracts can improve community welfare. The method used in this study is qualitative method using phenomenological research approach. The data sources used are primary data (direct information) and secondary data (books, journals and related articles). The data is obtained through interviews, documentation, and observation. The results showed that the application of musaqah contract in matteseng practice has not been maximized enough and the improvement of community welfare when viewed the fulfillment of the 5 aspects of Sharia maqashid has not been fully fulfilled.
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Antara, Dewa Kadek Adi Surya, Nursalam Nursalam, and Ninuk Dian Kurniawati. "Recommendation in Decreasing Burnout on the Contract Nurses." Jurnal Ners 8, no. 1 (2017): 142–52. http://dx.doi.org/10.20473/jn.v8i1.3891.

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Introduction: Burnout is a problem that often arises in the field of human service. Nursing profession is very susceptible in experiencing burnout related to the served work involving interpersonal interactions, as well as work environment. Area of worklife is predictor factors trigger burnout, resulting in the turnover intention. The purpose of this study was to provide recommendations in decreasing burnout on the contract nurses in the Sanglah Central Hospital.Methods: This study was an explanatory research using crosssectional approach. The population consists of the nurses at the third class ward Sanglah Central Hospital-Denpasar. Eighty one nurses were recruited as sample by proportional random sampling technique. Data were collected through questionnaires and focus group discussion (FGD), and they were analyzed by using Partial Least Square (PLS).Result: Results of this study showed that control had effect on fairness, community and reward but it had no effect on workload, workload had significant effect on emotional exhaustion, value had no effect on justice and depersonalization however it showed effect on community, reward, emotional exhaustion and decreasing personal accomplishment, emotional exhaustion had effect on depersonalization and turnover intention, depersonalization had no effect on turnover intention but it had effect on the decreasing of personal accomplishment, emotional exhaustion and decreasing personal accomplishment have effect on turnover intention of contract nurse.Conclusion: The decreasing of burnout can be done by forming personal values and reducing workload of the contract nurses. The personal values can be formed through controls of the two aspects: community and appreciation depersonalization has the most dominant influence in the burnout dimensions established by aspects of emotional exhaustion, turnover intention can be decreased by reducing the dimensions of emotional exhaustion and improving personal achievement. The decreasing burnout model can be applied in other hospitals because it provides an overview of the aspects that affect burnout and prevents the emergence of turnover intention.
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