INTRODUCTION
1.1BACKGROUND OF STUDY
As long as the human lived in this world, they found many obstacles and ought to solve it. They have found many solutions when passing trough the life. Then although the human have many obstacles but they still enjoyed the daily activities.
Islamic religion is the perfect religion which manages human being life and universe. Economic activities are managed by Islam with Ila>hiyah principle. The wealth
or assets which are existed or handled by humang being, are not ours, that were the entrusted goods from Allah SWT. Then the people must employ it well, because it will be counted by Allah SWT.1
In fact, when one of solution was solved, then it will appear a new problem. And will cause more and more
1 Prof. Dr. Veithzal Rivai, S.E., M. M., M.B.A and et al. Islamic Economics and Finance, Gramedia, Jakarta, 2012, p. 1.
problem similar with an another effective solution. At last, advancement of sophiscated technology will happen along the year, and in the other sight, the environment will have a lot of change, positively neither negatively. Practically, all possible situation will direct us to the life environment damage.
Allah will never make His servant in a difficult, it was told in Maslahah concept, such as was mentioned in the Qur’an:
رر عع معكعبب دعيربيع لرور رر يع معكعبب هعللل دعيربيع
سس سلٱ
سس سلٱ
ٱ
ك
ع ىىدرهر امر ى
ى لرع
ر هرللل ااورعببك
ر تعلبور ةردلعب ااولعمب تعلبور
سم
ٱ
سلٱ
سك
ن
ر ورعك
ع
سش سم
تر ك
ع للعرلرور
١٨٥
2
“Allah desires ease for you, and He does not desire for
you difficulty, and (He desires) that you should complete
the number and that you should exalt the greatness of
Allah for His having guided you and that you may give
thanks.”
The development of human being’s living is always having the problem and being worst everyday. Anyhow every solution is going into instant life, finally natural environment what has been created by Allah, change into environment ate away, and create many problems. One of the problems that happened is waste. How the goverment solve the problem, it was solved.
In Indonesia, Reduce and recycle rubbish has begun in a long time. Exspecially in agriculture area, public has known about it. In litter recycling, the solving was done by technology, in order to be easier. And in the rubbish recycling, the good way was seperate it and reuse.3
The other solving, the good symbiosis one is garbage waste land by banking system. When we heard about bank, bank is a term for a place that we can do withdrawal,
borrow and bailment money. But for garbage waste land by banking system by banking system, we can make waste as the object for transaction and it’s not anything which has a valuable. So, whoever wants to be client of garbage waste land by banking system, no need have much money and many valuable, but whoever has rubbish, they can be a client.
In an article 1 verse 2 of regulation of State Minister of environment republic of Indonesia no 13 2012, about operational guidelines by garbage waste land by banking system explained that the definition of garbage waste land by banking system is the place of sorting and collecting rubbish that can be recycling and has value.
similiar as conventional bank. As the proof, we can find many garbages waste land every some places, and one of them is Matahari garbage waste land by banking system in Madiun city. Then the writer want to discuss about “ A case study of Matahari garbage waste land by banking
system in Madiun according to Islamic law”.
The reason what makes the writer resourch this place, because Matahari garbage waste land by banking system is the kind of place which got the award of top 99 Sinovik (information system innovation of public service) from Indonesia.4
From 2476 kinds of participants, it was taken 99 for the winner, and Matahari garbage waste land by banking system has been the one of the programme which was taken from the community programme, the award directly from the ministry of empowerment of state operators and they could increase the economic society around them, the
other reason is the manager of Matahari garbage waste land by banking system has been good motivator at many seminars and motive the society realized to be care with environment, until built 52 garbage waste land by banking system in madiun city.
So the writer wants to know, as was known before that there are Islamic and conventional bank, The writer will analyze about how the garbage waste land by banking system process it and the process of garbage waste land by banking system which has considered syar’i according Islamic Laws and about Matahari garbage waste land by banking system applies the Islamic settlement (aqad) as had been taught in Islamic Laws.
1.2 PROBLEMS FORMULATING
1.How is the Islamic Laws response the processing of garbage waste land by banking system?
2.How is the concept of processing garbage waste land by banking system in public society?
3.What is the Islamic Settlement (‘Akad) which is applied by Matahari garbage waste land by banking system in madiun?
1.3 PURPOSE OF STUDY
Based on the formulation of study, the aims of this study are:
1. To analyze the Islamic Laws response the processing of garbage waste land by banking system.
3. To know the Islamic Settlement (‘akad) which is applied by Matahari garbage waste land by banking system in Madiun.
1.4 SIGNIFICANCE OF STUDY
1.Theory Significance
Adding knowledge concern with Islamic Law about garbage waste land by banking system Practice.
Being evaluation and information to another researcher in one kind of research.
2.Practice Significance
practice for study programme Islamic Economic Laws.
Giving the references toward public society about garbage waste land by banking system and ‘akad which is used in practice.
1.5 LITERATURE REVIEW
Erudition is relating with, contain research or book about environment cultivation, they are:
which is bounded by client’s income development.5 The comparation among both of thesis, Abdul rozak was explained about how did the garbage waste land’s system increased the economic society and the writer will explain what is the kind of aqad that has applied by matahari garbage land by banking system until the society can be trust and willing to saving their rubbish.
2. Alifiano Arif Muhammad. “Pemberdayaan masyarakat melalui Bank Sampah di Perum Gumuk Indah, Kalurahan Sidoarum, Kecamatan Godean, Sleman, Yogyakarta”. This Thesis discussed about cultivation of society concept, from garbage waste land by banking system in Sidoarum, and how was implementation of cultivation which has done.6 The comparation among both of thesis,
5Abdul Rozak. Peran bank sampah Warga Peduli Lingkungan (WPL) dalam pemberdayaan perekonomian nasabah. Program Studi muamalah (Ekonomi Islam) Fakultas Syari’ah Universitas Islam Negeri Syarif Hidayatullah Jakarta. 2014.
Alifiano Arif explained about how was the society cultivation the garbage waste land by banking system in Perum Gumuk Indah and the writer want to explain about the society cultivation by applied the Islamic settlement in Matahari garbage waste land by banking system.
3. Asdriyandi Juliandoni. “Pelaksanaan bank sampah dalam sistem pengelolahan sampah di kelurahan gunung bahagia Balikpapan”. This thesis discussed about how was garbage waste land by banking system processing, obstacle and efforts which has done by garbage waste land by banking system.7 The comparation among both of thesis Asdriyandi talked about implementation from garbage waste land and the writer will analysis the aqad that applied by
Sleman, Yogyakarta. Program Studi Interdisciplinary Islamic Studies Program Pascasarjana UIN Sunan Kalijaga Yogyakarta. 2015.
matahari garbage waste land by banking system which has been good system implementation.
4. Ida bagus roni. “Pola kerjasama bank sampah rajawati dengan rekanan menurut syari’ah”. it discussed about ‘akad which has applied in Rajawati garbage waste land by banking system, consderation Islamic law and agreement validity according mu’ammalah principle.8 The comparation among both of thesis, Ida Bagus told about kind of muamalah principle that applied at Rajawati garbage waste land by banking system and the writer will tell about how has the Islamic settlement applied at matahari garbage waste land by banking system.
5. Faizal Ahmad. “Partisipasi masyarakat dalam pengelolahan sampah berbasis komunitas lokal (studi deskriptif bank sampah “poklili” kota
depok)”.9 The comparation among both of thesis, Faizal talked about the participation of society in manufacturing poklili garbage waste land by banking system and the writer will analysis the participation of society to apply the Islamic settlement to matahari garbage waste land by banking system.
1.6 THEORETICAL FRAMEWORK
Theory is used as the basically of analysis and observation, some theme of research, until it is found many objects and area clearer. And considerable study and theory which will explain in this research is:
1. Waste
Waste is the essences and articles which already haven’t possessed the economic value.10 Waste can be divided into two, they are Garbage and Rubbish.
9 Faizal Ahmad. Partisipasi masyarakat dalam pengelolahan sampah berbasis komunitas lokal (studi deskriptif bank sampah “poklili” kota depok). Program studi ilmu kesejahteraan sosial, fakultas ilmu sosial dan ilmu politik. Universitas indonesia. Depok 2012.
Garbage is the kind of waste which content the residue of manufacturing of household and residue of meals or the trace of traditional market as foodstuff 11 and Rubbish is the solid material which is thrown from the daily activity of home life, market, hotel, restaurant, industry, rubble of building, scrap iron and vehicle. And the rubbish is the result of human activity which has used.12
2. Garbage 13
The garbage was divided into three kinds, they are organic, non- organic and B3. Every type of rubbish had the place itself.
Organic Type
Organic rubbish type is coming from living thing. Any sort of people, animals or plants. Organic rubbish is divided into wet and dry kind.
11 Ibid, p. 3.
12 Cecep Dani Sucipto. Teknologi pengolahan daur ulang sampah. Gosyen, Yogyakarta, 2012) , p.1.
The descriptive of wet organic is the rubbish which has high water contents. As the example is a part of fruit and vegetable residue. And the descriptive of dry organic is the rubbish which has small water contents. As the example is wood, bench, and dry leafs.
Non- organic type
Non organic rubbish type is not coming from living thing, but it is coming from renewal material. The category of manufacturing rubbish is the thing which made from plastic and metal.
B3 type
be impossible thing that other material also contents danger category.
3. The meaning of garbage waste land by banking system 14
The processing of rubbish in the house life was applying rubbish deposit system to the agency which built by public society, it called garbage waste land by banking system. Receiving the rubbish which has high economy value, then, it is saved as much as amount and bounded time, and the client will receive money as the rubbish exchange. This is the one of the way in order to public doesn’t throw the rubbish to the river, gutter, or burning it. But the new strategy is 3R (Reuse, Reduce and Recycle).
Ways of working as similar as another bank. Processing management, client, bookwork and etc, but the think that makes different is exchange. In conventional bank it used money, general obligation,
and another valuable. But garbage waste land is using waste. Working mechanism of garbage waste land is based by giving wage or reward for the people who has collected, parted, and paid in litter to garbage waste land. So, the litter which has been owned by bank will be measured as much as the amount and species of litter. So, the concept or mechanism is as usual as general bank.
As category, kind of an-organics are plastic, paper, bottle litter. To make easy and give the education for family and environment, Sorting is done in the home. So, when it finished, a depositor go to garbage waste land.
depositors. Furthermore he proof of transaction and the rubbish is labelled as the name of depositor.
The garbage waste land is benefiting the transaction result to the different allocations. A few products are sent to recycle agency, created handmade, made methane gas which used as fuel substitute and LPG, or composter.
The character of waste are variation, it must look at the component of waste, the feature waste from one district into another are different and they have different common traits of kind15. Many people think that something desuetude, doesn’t has economic value. Finally, the creative and optimism people begin to make a golden chance and unleaveable thing. So the new policy and its law made bow in garbage development bank. Finally there are thousand garbage waste land by banking system has been built in Indonesia.
Ecosystem is the element which interdependence among one creature and another. The rubbish is like useless thing and every people make increasing. So, building of garbage waste land by banking system is the correct way to solving problem. And the good ecosystem will run as good as possible, Equitable and balance.16
Ecosystem that we knew, it is not about living thing only, as human, animal and plants. But we must remember there are inanimate object that must we manage in order to keep everlasting.
Life is running by reality and regulation itself, such as equitable, evolution, competition, etc. Environment is one of creature which able to influence other.17
According Islamic religion, there are two symbiosises, According Indonesia dictionary, symbiosis is the condition which mutual auspicious two side or
16UU Nomer 23 Tahun 1997 Pasal 4
more, when they are in one place. The main propose is the symbiosis among Allah and human being, among both of human being, and among human being and their environment.
According Islamic concept, the relation among human being and around nature is divided into two aspects, the worship to the Creator and keep environment, and has been told in the Qur’an:
نودبعيل لإ سإنلا و نجلا تقلخ امو
18
“And I have not created the jinn and the men
except that they should serve Me.”
Garbage waste land can be used as the utility for greening and educating to be fond of saving for public. The method of garbage waste land is managing human resource in order to be care into environment.19
18Q.S Ad-Dzariyat: 56
4. Aqad (agreement)
Al- ‘Uqu>d was coming from plural word ‘Aqdun.
The opposite of solvent, the mean is similar with ‘Ahdun, it is fulfillment, adjustment.20 According Wahbah Al- Zuhaili, Something can be aqad theory when it is built the Islamic law besides applying the rules contracting.21
“The man of faith, fulfill your ‘aqad. It is allow for
you the domestic animal, except what has forbidden to
you. And doesn’t allow to hunt during haj pilgrimage.
In truth, Allah appointed the Laws as Allah will”.22
In the Shari’>ah banking concept, the agreement
which has done, it had world and hereafter consequence because it was based by Islamic Laws. Oftentimes the clients dare to trespass or break the agreement which has done when it was based by positive law. But, it never happen even if the testament has the responsibility till last judgment or doomsday.23
Matahari garbage waste land by banking system was applying mu’a>malah principle system in transaction. When does the client apply to this place, and do saving, and make an agreement.
5. Mudha>rabah
Since the age of the prophet (SAW) mudha>rabah is widely known among Muslims and has been practiced by the Arabian even before the 22Al- Quran karim QS. Al- Ma’idah (5) 1
introduction of Islam. When Prophet Muhammad (Saw) was a merchant by profession, he undertook a mudha>rabah contract with Khadijah. Therefore, for the perspective of Islamic laws, the practice of Mudha>rabah is permissible, whether according to Al-Qur'a>n, sunnah or ijma>'. Mudha>rabah is the contract between two parties while the first part become sha>hibul ma>l or fund owner who provides fund entirely and the other one becomes business manager who manage the wealth to do some activities to produce the profit and this side called mudha>rib.24 They will share in profit with agreed proportion in advance. While, if they lost, the fund owner is responsible of it during it is not the careless or deceitful of business manager.
Nowadays, human understand that
mudha>rabah as product and system. They understand that mudha>rabah is a product which
could be a general guideline to the institude to do many profit transaction. By this system, the institude will share the profit with the customer or its investors.25
Meanwhile, Mudha>rabah as system means that
the institute put itself as the business partner either with the customer or the entrepreneur which lends the fund or wealth.26 So that, Mudha>rabah is used as the procedure to do the transaction between institute and its partner.
The rabbul ma>l may specify a particular business for the mudha>rib, in which case he shall
invest the money in that particular business only. This is called al-mudha>rabah al-muqayyadah (restricted mudha>rabah). But if he has left it open for the mudha>rib to undertake whatever business he
wishes, the mudha>rib shall be authorized to invest the money in any business he deems fit. This type of
25Muhammad, Konstruksi Mudharabah dalam Bisnis Syari'ah. BPTE, Yogyakarta, 2005, p. 91.
mudha>rabah is called “muda>rabah Al-mutlaqah" (unrestricted muda>rabah).27 Using the mudha>rabah principle, the bank might be easy
to cooperate with their clients to solicit the funds and allocate it to the society.
6. Wadi`’ah
Wadi`’ah refers to a contract by which an owned asset is placed with another party on the basis of trusteeship (amanah) for safekeeping purposes. The contract is also referred as Wadi`’ah yad amanah. the definition of Wadi`’ah may include Wadi`’ah yad
dhamanah, which refers to a safekeeping contract whereby permission to utilise the asset placed in custody is granted by the safekeeping depositor and or a fee is charged by the custodian for the safekeeping service. The effect of this permission is that the custodian guarantees the asset placed in custody. Based
on the above definition, Wadi`’ah is categorised into two types:
(a)Wadi`’ah Yad Amanah (Wadi`’ah based on trusteeship) and
(b)Wadi`’ah Yad Dhamanah (Wadi`’ah based on guarantee).
Wadi`’ah yad amanah is a contract based on fiduciary relationship (aqd al-amanah). Any of the contracting parties may terminate the contract unilaterally.28
associated to terms relating to any law. if the asset in Wadi`’ah yad dhamanah involves a fungible asset, the contract shall take the effect of qard. Therefore, it is an irrevocable contract whereby the contract shall not be terminated unilaterally by any of the contracting parties.29
1.7 RESEARCH METHOD
This study is a field research, which uses the conceptual approach analysis. Thus, the writer will use some approach methods of study, those are:
a. Data Sources.
In order to write this research, the writer needs some datas which classified into two parts:
Primary data sources which are quoted from Matahari garbage waste land as the reasearch place, some books, papers for conferences etc. 30
29 Ibid. p.5.
Secondary data sources which are quoted from newspaper, magazines, website, etc.31 The writer will use this way to find more information about mudha>rabah and wadi’ah to support
the primary data sources such to find latest news, concept, elements, principles and application of mudha>rabah and wadi’ah.
b. Method of Data Collecting.
The writer uses qualitative method to analyze and collect some data of wadi’ah in saving account fund and mudha>rabah system in garbage waste land and do passive participation in observation, It means the research is present at the scene of action but does not interact or participante.32 The writer will use this method to collect and analyze the concept processing and transaction in matahari garbage waste land by banking system in madiun city.
31 Ibid, p. 62.
c. Method of Data Analysis.
To help the writer in writing this thesis, the writer uses these analysis methods:
The descriptive content analytic method, which is a method to describe the fact with the interpretation appropriate.33 and analyze it to get the exact data of it. The writer will use it to conclude the concept and application of garbage waste land. The writer uses this method to derive a preliminary description about the concept and application of mudha>rabah and wadi>’ah in garbage waste land.
1.8 SYSTEM OF STUDY
As have been known in the good criteria thesis, it is containing of title, the writer arrange the stage from summary each chapter, and it was containing 4 Chapters, they are:
Chapter I
It is explain about the reason writer to choosing this title and it is explained in background of study, problem formulating, Purpose of study, Significance of study, research method and system of study.
Chapter II
It is about framework and basic problems which the writer will use in research.
Chapter III
It is about data presentation and data analysis.
Chapter IV
