OTORITAS HUKUM DALAM PENGELOLAAN DAN TRANSAKSI EKONOMI PASAR BERINGHARJO YOGYAKARTA HARMONISASI HUKUM NEGARA, LOKAL DAN EKONOMI SYARIAH

Muzalifah, S.Pd.I., M.S.I, NIM.: 18300016030 (2021) OTORITAS HUKUM DALAM PENGELOLAAN DAN TRANSAKSI EKONOMI PASAR BERINGHARJO YOGYAKARTA HARMONISASI HUKUM NEGARA, LOKAL DAN EKONOMI SYARIAH. Doctoral thesis, SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Beringharjo, the oldest traditional market in Yogyakarta, exists despite the flourish of modern markets. The model of market management and market pillar has made Beringharjo retain its competitiveness. Three law authorities – namely the state, local and sharia economic laws – stand behind it. While sharia economic and local laws during transactions are going hand in hand, the state law is present in the form of management. Interestingly, the three laws do not compete each other; they even rule inharmony. Furthermore, each law plays its own role and institutes market management in harmony between the governments and the society. There are four research questions in this dissertation. First, why has Beringharjo market survived and been competitive against modern markets? Second, which law works in managing the market and how it synergizes the Industries and Trades Agency (Disperindag) of Yogyakarta and the Palace in its work? Third, which law is responsible for the market’s economic transactions? Fourth, why do the laws of state, local and sharia economic work in harmony in managing the market? This study employs phenomenology approach. Data were collected by observing, interviewing and documenting. Observations on how market management system and economic transactions are applied were conducted in several locations within Beringharjo market: west, center, east and Metro. Eleven informants to be interviewed are market’s facilities and infrastructure section, market’s site plan section,staff of Technical Service Unit for Business center, chief of Western Beringharjo, chiefof center Beringharjo, chief of Eastern Beringharjo, chairman of PETRA of Yogyakarta, two chairpersons of seller association of Beringharjo market and two Palace representatives. Using a theory from Pierre Bourdieu, in particular, on arena, capital, and habitus; a theory of law authority; and a theory of sharia economic transaction law, the data were analyzed in three steps: data reduction, data display, anddata validation. The study reveals that: first, Beringharjo market withstands the modern wave as it applies banyan role model for its capital and goodsturnover, number of visitors, and transaction system. It also integrates values of religious, social, local wisdom, economic, education, tourism and partnership. Second, the synergy of Industries and Trades Agency (Disperindag) of Yogyakarta and the Palace is present in several points,such as leasing contracts agreed by both the agency and the Palace where the agency is the administrator (mudarid) and the Palace is the owner (ṣāhibul māl). Third, accordingto the state law which is mostly issued by the province government of Yogyakarta and by the city government, the management of the market is technical in nature. It comprises market’s leader, organization, finance, supervision, facility handling, seller administer and operation hour. Therefore, it is the agency (Disperindag) of Yogyakarta that involves intensely. Fourth, in terms of economic transaction on local and sharia economic laws basis, the authority of law is introduced in the contract deal in the buying-selling transaction. The three laws regulate Beringharjo market in harmony dueto market players’ heterogeneity and the demands of economic system that keeps changing. The harmony of laws is in the modernist market management system being applied whilst maintaining local wisdom – the researcher calls it as postmodernism – from which values of local wisdom are reproduced. A postmodernism market is a traditional market that is able to collaborate traditional system with modern one without losing its traditional values and local wisdom. Values of Islam in this case are included where sharia economic transaction and local wisdom blend in harmony in the economictransaction in Beringharjo market.

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