Abstract
INDONESIA:
Aktifitas pemberian bonus yang dilakukan oleh perusahaan-perusahaan network marketing yang diberikan kepada distributor-distributor yang sukses adalah sistem utama dalam bisnis network marketing. Distributor-distributor yang sukses adalah mereka yang telah berhasil menjual produk dan mengembangkan jaringan. Efek dari kesuksesan yang mereka capai bagi perusahaan aalah penjualan produk yang semakin meluas. Oleh karena itu, perusahaan menjanjikan para distributor untuk memberikan penghargaan yang melimpah.
Data terakhir menunjukkan bahwa ada sekitar 64 perusahaan resmi yang menjalankan bisnis ini di Indonesia dan lebih dari 8 juta penduduk indonesia ikut serta dalam bisnis ini. Mereka menginginkan pemasukan yang menjanjikan yaitu bonus, pasif income. Ironisnya, ribuan bahkan jutaan dari mereka gagal dalam bisnis ini. Sebuah data menunjukkan bahwa 60% dari mereka yang masukdalam bisnis ini gagal. Hanya beberapa dari mereka yang kuat bertahan yang berhasil dan mendapatkan pendapatan tersebut. Menjual produk secara personal, mengajak orang-orang masuk didalamnya, dan menjaga agar mereka tetap menjual produk (membangun jaringan) adalah sistem utama dalam bisnis ini. Ini bukan pekerjaan yang mudah dan tidak semua orang dapat melakukan hal ini tentunya.
Untuk membangun jaringan dan menjaga penjualan tinggi adalah salah satu dari tujuan utama dari sebuah perusahaan network marketing. Untuk ini. Mereka memiliki sebuah sistem yang berupa, “setiap anggota yang dapat mencapai pencapaian-pencapaian tertentu dalam penjualan dan membangun jaringan, maka dia akan mendapatkan pendapatan bebas yang tidak diambil dari penjualan langsungnya kepada konsumen dan distributor lain. Anggota tersebut hanya harus menjaga penjualan tetap tinggi dan mempertahankan jaringan dan mengikuti aturan”. Hal ini semacam shîghah pengumuman sembara yang dalam fiqh disebut dengan juʻâlah. seperti yang disebut oleh lembaga fatwa Mesir Daar al Iftâ bahwa ada tiga jenis transaksi yang terdapat dalam sebuah bisnis network marketing, yaitu bayʻ, samsarah, dan juʻâlah. Yang disebut terakhir adalah transaksi yang menjanjikan pemberian bonus.
Penelitian yang dilakukan menunjukkan bahwa aktifitas pemberian bonus khususnya yang dilakukan oleh Herbalife termasuk kontrak juʻâlah dalam Islam. Tidak adanya persetujuan bersama di awal, keumuman pihak kedua yang dapat melakukannya, tidak jelasnya jenis pekerjaan dan durasi pengerjaan yang harus dilakukan, itu semua sesuai dengan konsep juʻâlah. tujuan yang diinginkan oleh pihak pertama (perusahaan) hanyalah pencapaian-pencapaian yang dilakukan oleh para distributornya sesuai aturan yang ditentukan. Dalam fiqh perspektif Imam Hanafi, kontrak juʻâlah tidak diperbolehkan karena mengandung unsur gharar dan juhâlah. Menurut imam Maliki, Syafi’y, dan Hanbali, kontrak juʻâlah diperbolehkan mengacu pada QS. Yusuf: 72. Mereka memberikan hukum rukhshah terhadap adanya unsur gharar dan juhâlah
didalamnya.
didalamnya.
ENGLISH:
The activity of giving bonuses awarded by network marketing companies for the success distributors is the main system in network marketing business. Successfull distributors are they who have been succeeding in selling products and building networks. The effect of their successes to the company is the expanding sales of the products. Because of this advantage, the company give promises the distributors great rewards.
The last data show that there are about 64 legitimate network marketing businesses in Indonesia and more than 8 millions of the citizens are in this business. They intend to get the most promising income in the business called bonus, a free income. Ironically, thousands even millions of them have suffered because they cannot survive in maintaining and developing the business. A data counted that 60% people who come to this business failed. Only some of the strongest people succeed and get great incomes. Selling products personally, getting people and keeping them to sell products (building networks) are the main marketing system in this business. This is not an easy job and not everyone can do this surely.
To build networks and keep expanding sales is one of the primary goals of a network marketing company. For this, they have a marketing system that says “every member who can reach certain achievements in sales and building network, he will get a free income awarded by the company that is not taken from his directly sales to consumers and other distributors. The member just have to keep great sales and maintaining etworks and following the rules.” This is such a kind of shîghah in a contract f announcing competition hich the ontract is called juʻâlah in Islamic jurisprudence (fiqh). As it was stated in a fatwa by Dâr al Iftâ Egypt, that there are three kinds of contract in a network marketing business. They are.The latest is the contract of awarding free income or bonus.
The research reveals that the contract of awarding bonus especially practiced by a network marketing company Herbalife includes juʻâlah contract seen from Islamic jurisprudence. The unexistence of agreement in front, the whoever second party who will do it, the unclear kinds of job should be done, they are in accordance with juʻâlah concept. The only aim of the first party (company) is achevements reached by distributors following the rules. In Islamic jurisprudence perspectives madzhab Hanafi, juʻâlah contract is not allowed due to the existence of gharâr and juhâlah. According to Madzhab Maliki, Syafi’y, and Hanbali, juʻâlah contract is permissible referring to QS. Yûsuf: 72. They gave a rukhshah for the existence of gharâr and juhâlah in this contract.
CHAPTER ON
INTRODUCTION
A.
Background
of Study
To face the establishment of ASEAN Community in 2015, learning to
compete in terms of creativity to develop quality of products in Indonesia
business becomes very important.1 Although Indonesia could not fully liberalize
its market, foreign market will easily come into Indonesia and give bigger
threat to indonesian marketers. Fortunately, Indonesian young entrepreneurs
have been flourishing like grass in spring in recent years. Business is
identical to efforts to build assets and own assets. Those assets can produce
passive income. Asset is the important thing that differs an 1RI Gets Ready For
ASEAN Economic Zone,
http://www.thejakartapost.com/news/2012/11/18/rigets-ready-asean-economic-zone.html.
accessed Nopember, 18th 2012. 2 entrepreneur and an employee. Assets can be
obtained in various ways such as by building shops, factories, boarding houses,
apartments, hotels, franchises, and networks. In Network Marketing business,
Network is an asset that is built up by persuading people to buy products and
getting them into the business. The more networks built, the more assets can
produce passive income. The passive income is mainly derived from those sales
that were successfully performed by downlines generally termed as a bonus.
Herbalife is a Global Nutrition and Weight Management Company where the central
office lies in Los Angeles USA. Until 2012, it operates in 83 states in the
world including Indonesia. Herbalife uses network marketing or multi-level
marketing in its marketing system that has been running since 1980 CE. Lionel
Messi and David Beckham are two of many athletes who have been contracted to sponsor
Herbalife. For the distributors or marketers who are members of this company,
there are several types of income that they can get. Those are: a. Direct
Retailing Advantage. b. Wholesale Advantage. c. Overriding Royalty Revenue. d.
Monthly Production Bonus. e. Annual Bonus. f. Bonus for free holidays and
trainings. 3 g. Awards and recognition of presidential plus. 2 Retail and
wholesale transactions use ʻaqd al bayʻ as implemented in normal sale and other
purchase transactions. Points number 3-7 are bonuses given by the company to
the leaders who have succeeded in building network. These bonuses are assets
that can provide the leaders a free income. This is because the bonuses are not
included from direct selling products to consumers or other distributors. In
Islam, those bonuses are awarded by ʻaqd al juʻâlah as it is stated by Dâr Al
iftâ’ in a fatwa which responds a network marketing system Q-Net.3 Juʻâlah is a
certain agreement with benefits between the first party and the second party
for the implementation of a task or a service performed by second party for the
first party.4 In fact, awarding bonuses is the main system in network marketing
company in its relationship among the distributors. Therefore, most people who
come to this business terribly intend to get passive income (bonuses) as much
as they can.
The writer attempts to do research on the bonuses implemented by a
network marketing company Herbalife by a descriptive analysis seen from the
essence of juʻâlah concept in Islamic Jurisprudence. A contract of announcing
competition such as a system of promising bonuses by reaching certain
achievements is called juʻâlah in Islamic jurisprudence (fiqh). 2 Herbalife
Handbook 4, Sales And Marketing Plans And Business Rules, 9 and 12. 3 The
opinions about contract between 2 parties in this system are divided into two
opinions: first opinion said that the contract is syira’ (sale) and ju’alah.
The second opinion said that the contract is syirâ’ (sale) and samsarah
(broker). http://www.dar-alifta.org/ViewFatwa.aspx?ID=3861, accessed 4 Nopember
2012. 4 The Compilation of Islamic Finance Law (Kompilasi Hukum Ekonomi
Syariah/KHES). 4 The additional discussion concerning juʻâlah concept presents
the perspectives of Madzhab Hanafi, Maliki, Syafi‟y, and Hanbali basically on
how schools of law in islamic jurisprudence (fiqh) 5 stipulated the law about
juʻâlah contract in general as fiqh muqâran. Mostly, different methodology of
ijtihâd will bear different legal product of law (fiqh). As a result, the
presence of diversity of the methods of deriving Islamic jurisprudence among
schools impacts on wide variety of implications inside the products of Islamic
law itself.6 B. Statement of Problem 1. What are the bonuses and the rules
concept in Herbalife Network Marketing Company? 2. How is the concept of giving
bonus in the perspective of juʻâlah in Islamic Jurisprudence? C. Scope and
Limitation Generally, bonuses applied in network marketing companies use
juʻâlah contract as it was determined by Egyptian Fatwa Institute (Dâr al
Iftâ).7 The discussion studies the concept of awarding bonus applied in the
business of Network Marketing, especially, the concept of awarding bonuses
applied by 5 Fiqh: اإلجتهاد طريقها التي الشرعية
األحكام هعرفة) Knowledge of
legal jurisprudence extracted from detailed Islamic sources), ushul fiqh: التفصيلية أدلتها هن العولية الشرعية باألحكام العلن) the study of the origins, sources, and
principles upon which Islamic jurisprudence (or Fiqh) is based), qawâid fiqh
from derived Principles (هجوىعة األحكام الوتشبهات التي
ترجع الى قياس واحد يجوعها
:(principles( consolidated reading on various rules of fiqh regarding various
themes). 6 Romli, Muqâranah Madzahib Fil Ushul (Jakarta: Gaya Media Pratama,
1999), 5. 7 http://www.dar-alifta.org/ViewFatwa. 5 Herbalife. The writer tests
essences in the contract seen by islamic jurisprudence study which the theory
chosen is the fiqh of juʻâlah. D. Objective of Research The main question in
network marketing in many discussions about network marketing business by Islamic
law insight is the point of relation. Relation between company and members,
among the members itself, as law consequence of the contract. The relation
between jâʻil and majʻûl lah is the identical view found in network marketing
business.
By determining juʻâlah contract as the object of the theory in this
research, the writer attempts to present deeper materials about bonus concept
applied in network marketing business. This will give wider information about
how Islamic law see the concept of awarding bonuses applied in a network
marketing businesses as juʻâlah. E. Research Method Method is a framework to
perform action, or a framework of thinking to formulate idea, the regular,
directional and contextual one, which is relevant with the intent and the purpose.
Simply, method is a system of doing. Because it is a form of system, then
method is a set of elements that form as unity.8 Research is an activity of
study that is done carefully and regularly in a field of science by certain
rules. The rules is the method adopted. Study is an 8 Tejoyuwono
Notohadiprawiro, Metode Penelitian dan Penulisan Ilmiah, Journal, 1. 6 attempt
to obtain or increase knowledge. Thus, research is done to enrich and enhance
understanding about something. 9 Research conducted in this research is
normative fiqh or Islamic jurisprudence research. This study conducts a
research of the text of Islamic jurisprudence which covers the history of
ideas, development of ideas, deviation among scholars, etc. The standard that a
research includes a normative study is that the source of data or information
is derived from the text or book. 10 1. Type of Research In terms of its
analysis approach, research can be divided into two: quantitative research and
qualitative research. Quantitative research emphasizes its analysis on numeric
data which is processed with statistical methods. research by qualitative
approach emphasizes its analysis on the process of deductive and inductive
inference and analysis of the dynamics of the relationship among the observed
phenomena using scientific logic. This does not mean that a qualitative
approach does not use any quantitative data support, but the emphasis is on the
attempt to answer research question through formal and argumentative ways of
thinking. This research uses a qualitative approach, giving argumentations from
the four madzhab literature discussing the Juʻâlah contract used by network
marketing system specially Herbalife Company in the bonus analysis. In terms of
the depth of the analysis, this type of research is divided into the study of
inferential and descriptive research. Inferential research does analysis 9
Tejoyuwono Notohadiprawiro, Metode Penelitian, 1. 10 Tim Penyusun, Pedoman
Penulisan Karya Ilmiah Fakultas Syariah UIN Maliki Malang, 15. 7 on the
relationship among variables by testing the hypothesis. Descriptive study
analyses the description and presents the facts in a systematic way so that it
can be easier to be understood and inferred. This study aims to get a true
image of the subject under the research. Complementary analysis presented in
the analysis will be fiqh Muqâran. The steps will be done as below: 1. Defining
a case to be studied 2. Collecting all fuqohâ opinions regarding the issue 3.
Grouping the opinion 4. Collecting all the arguments and the way of
dilâlah/derivation 5. Identifying all the arguments 6. Analysing the dalil dan
discussing the way of dilâlah/derivation 7. Determining the argument elected 8.
To evaluate the chisen argument, it is important to study the causes of the
argument 9. Investigating the wisdoms contained behind the differences. 2. Data
Sources Data sources spilt into two main sources, primary sources and secondary
sources.11 Data sources the writer uses are from the literature in the form of
modern books concerning network marketing and classic books under the four
madzhab thoughts of islamic jurisprudence as the primary literature.
Some of the 11 Suharismi Arikunto, Prosedur Penelitian Suatu
Pendekatan dan Praktek (Jakarta: Rineka Cipta, 2002), 107. 8 books as
literature of doing research especially on juʻâlah are Badâiʻ ash Shâniʻ fî
Tartîb asy Syarâiʻ by a hanafite Alauddin al Kasani (d. 587 H), Al Mudâwanah by
Imam Malik bin Anas (d. 179 H), Al Umm by Imam Muhammad bin Idris Asy Syafi‟y
(d. 204 H), and Masâil al Imam Ahmad by Abdullah bin Ahmad bin Hanbal. Besides,
the writer also use other books, some articles and papers, etc. as supporting
literature. if needed, the writer may conduct some interviews with certain
related parties. Futhermore, the writer also uses some tertiary sources to
support the writing of research. Tertiary sources are encyclopedia,
dictionaries, and other supporting sources that help manage primary sources and
secondary sources.12 3. Data Processing Data processing by qualitative approach
describes the data in the form of regular, orderly, logical, non-overlapping,
and effective sentences to get clear and easier understanding and
interpretation of the data. 13 Data processing is done by some stages as below:
a. Editing (reexamining data): The first step in processing data after it has
been collected is to „clean‟ the data. This process of „cleaning‟ is called
editing and the focus to ensure that the data is free from inconsistencies and
incompleteness. Editing refers to the process of checking and adjusting
responses in the completed questionnaires for omissions, legibility and
consistency. 12 Bambang Sunggono, Metodologi Penelitian Hukum (Jakarta: PT Raja
Grafindo Persada, 2003), 114. 13 Tim Penyusun, Pedoman Penulisan Karya Ilmiah
(Fakultas Syariah Universitas Islam Negeri Maulana Malik Ibrahim Malang, 2011),
30. 9 b. Classifying (grouping data): in this stage, the writer classify data
into primary data to be analysed and supporting data to give additional
explanation in the research. c. Verifying (confirming data): after the data are
classified, then it will be verified to make sure that the problem issued is
important to be analysed and has significant relationships each other. d.
Analysing (analysing data by descriptive analysis): analysing is the main part
of processing data. In this stage, the writer analyses the data descriptively
and gives analytical connections between the data and the theories. e.
Concluding (withdrawing conclusion): the last stage of the data processing is concluding.
All analyses presented in analysing stage will be withdrawned in the conclusion
simply and separatedly. F. Previous Research There are many researches on
network marketing that have been done by scholars. That is because network
marketing has become a worldwide business since the first formation in 1940s.
One of the researches about network marketing has been done by Ayyudiana Niyati
Mufidah with thesis “Bisnis Multi Level Marketing (Mlm) K-Link Menurut Hukum
Islam”. This research aims to determine the mechanism of Multi Level Marketing
(MLM) business and to investigate Multi Level Marketing (MLM) business
according to Islamic Law. 10 The research method of the thesis is field
research studying multi-level marketing of PT. K-Link, by mean, the type of
this research uses empirical study. The analysis approach used in this study is
a qualitative approach that presents descriptive data, from the script,
expressions and behaviour. The result of the study in K-Link stockist Kepanjen
Malang shows that the mechanism of the MLM business in the K-Link branches into
giving bonuses to distributors by two parts, they are Plan A and Plan B. Those
who do Plan B automatically earn bonuses from Plan A. Bonus 74% on Plan A is
given to the distributor while the remaining 26% is taken by the company.
Besides bonuses Plan A and Plan B, the distributors will also get directly 20%
profit of the products sold. Research conducted by Ayudiana is the study of
Islamic law in general about the Network Marketing business practiced by a
K-Link Stockist. Whereas the writer does research in the study of bonus concept
in Islam which is termed the Juʻâlah contract in Network Marketing business.
Another research concerning network marketing system was done by Nurudin with
the title “Analisa Bisnis Jaringan Multi Level Marketing (MLM) Syariah Terhadap
Kebebasan Finansial Distributor pada PT. Ahad Net Internasional (Ahad-Net)
Malang ( Perspektif The Cashflow Quadrant Robert T. Kiyosaki )”.
An
analysis on Syarîʻah Multi Level Marketing onto Distributor‟s Financial Freedom
on PT. Ahad Net Internasional (Ahad-Net) Malang (in The Perspective of The
Cashflow Quadrant Robert T. Kiyosaki). 11 The problem issued in the research is
the qustion how far Syariah Network Marketing businesses which include,
recruitment of new members (level or level) (X1), system of education and
training (X2), the sale of products (X3), as well as commissions and bonuses
(X4) can affect the financial freedom (Y) of distributor of Ahad-Net Network
Marketing Company. This research is included in survey research, which took
samples from a population and used questionnaires as the main data collection
tool. Based on the problems issued and the objectives to be achieved in this
study, the research aimed to examine the relationship between syari‟ah MLM
networking business and perspective on financial freedom according to Robert T.
Kiyosaki. The study is categorized explanation or explanatory research, which
made an inquiry to relationship through hypothesis testing. The analysis tools
are validity and reliability tests to determine the accuracy and stability of a
measuring instrument. Multiple linear regression used in the research aims to
determine the relationship and influence between the independent variables and
the dependent variable. F test and t test are used to determine the proposed
hypothesis. From the regression analysis, the study showed that there were
influences between free variables: recruitment of new members (level or level)
(X1), system of education and training (X2), the sale of products (X3), as well
as commissions and bonuses (X4); towards banded variable financial freedom when
it was tested simultaneously (test F). But when tested partially, there found
only variable recruitment of new members (X1) and commissions and bonuses (X4)
that gave 12 significancy into financial freedom. The relationship between test
research done by Nuruddin and the writer‟s research is a conclusion that the
recruitment as well as bonuses and commission is very important variable in the
system of network marketing business. Besides, there is a significant
relationship between financial freedom and bonuses. G. The Structure of Writing
This thesis will be written into four main chapters detailing as: Chapter one
contains introduction covers the background, problem formulation, objectives
problems, limitations of the study, the benefits of research, research method.
Research method contains explanations about the type of research that is used
to analyse problems related, the data sources, and and the process of managing
data Chapter Two contains review of literature. It discusses the theory and the
concept of basic legal of mu‟amalah in Islam, network marketing in Islam, the
contract and ʻaqd , and some literature of the four madzhabs thoughts
concerning contract related to network marketing especially on bonus namely
Juʻâlah in islamic jurisprudence. Chapter Three specially presents data
analysis management specifically performed in the research. This chapter will
presents some analysis about the concept of bonus applied in network marketing
company of Herbalife particulary. The discussion about muqâranah of the four
madzhab will also be complements of the analysis. 13 Chapter Four covers
conclusions and suggestions. This part explains some concluions from overall
discussion and pull some important things into points to make the conclusions
cler. Finally, suggestions will be showed after the conclusions. The
suggestions explain some solutions and additional advices concerning the research.
The values might be showed to give some important benefits caught in the
discussion
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