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All Journal Bulletin of Community Engagement Kasta: Jurnal Ilmu Sosial, Agama, Budaya dan Terapan
Ridwan
Universitas Muhammadiyah Bima, Indonesia
Religion Arts Humanities Education Social Sciences Other

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Living Law Fatwa of Dsn-Mui Discrepancy Implementation of Regarding Consumer Protection in Islamic Banks at NTB Rahmawati; Makhrus; Abdul Mujib; Ridwan
Bulletin of Community Engagement Vol. 6 No. 1 (2026): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v6i1.2300

Abstract

This article examines the implementation gap of the murābaḥah bil-wakālah contract at NTB Syariah Bank from the perspective of the DSN-MUI fatwa as living law, and how that gap produces legal uncertainty and weakens consumer protection. Positioned within a normative–empirical legal research design, this study applies conceptual analysis on legal certainty theory (Hart–Rawls), doctrinal analysis of DSN MUI fatwas, and empirical verification of bank practices through financial reports and supporting field findings. The study finds that Bank NTB Syariah performs the wakālah and murābaḥah contracts simultaneously in one administrative session, so that the bank has no real ownership over the goods (qabd al-ḥaqīqī) before the murābaḥah sale occurs. This makes the contract substantively resemble a fixed-margin loan rather than a sharia sale, creating sharia defect (fasid), shifting risks to consumers, and undermining the maqāṣid values of justice and asset protection. The article contributes theoretically by reaffirming fatwa DSN-MUI as a source of living law requiring institutional internalization, and practically by offering governance-based recommendations (DPS independency, ownership-based compliance audit, and contractual literacy
The Dilemma of Law Enforcement in Handling Road Blocking, Between Freedom of Expression And Road User Rights in Dompu Regency Fitradin Malani; Ridwan; Mastorat
Bulletin of Community Engagement Vol. 6 No. 1 (2026): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v6i1.2375

Abstract

Road blockades in Dompu Regency pose a legal dilemma because they combine two conflicting public rights: freedom of expression and the rights of road users. This action is often chosen as an effective means of public expression, but simultaneously disrupts community mobility, safety, and socio-economic activities. Field evidence demonstrates the tension between the aspirations of demonstrators and the obligation of law enforcement officials to enforce laws that protect the public interest. Regulations such as Law No. 9 of 1998, Law No. 22 of 2009, the Criminal Code, and the Police Law provide the legal basis, but their implementation faces practical obstacles. This study aims to understand how this conflict of rights is negotiated in law enforcement practices while assessing the effectiveness of existing regulations and the social and cultural factors that influence law enforcement decisions. The research approach uses normative and qualitative juridical methods, utilizing secondary legal materials and policy documents. The analysis focuses on integrating legal texts and empirical evidence to map the legal dilemma and its implications for the balance of public rights. The scope is limited to the case of road blockades in Dompu Regency to emphasize the local context and the strategies of law enforcement officials. The findings show that authorities face a dilemma between firmly enforcing the law and respecting the rights of demonstrators. Therefore, mediation, inter-agency coordination, public education, and monitoring technology are crucial strategies. Operational guidelines, risk indicators, and standard procedures are also needed to ensure proportional and consistent action by officers. The research's novelty lies in the integration of legal analysis and field facts, resulting in an adaptive and inclusive law enforcement strategy. The findings provide academic and practical contributions with recommendations for operational guidelines, community-based mediation mechanisms, increased officer capacity, and a systematic evaluation system. This strategy is expected to maintain a balance between the rights of expression and road users, prevent prolonged conflict, and strengthen legal legitimacy at the local level.
Restorative Justice in the Indonesian Criminal Justice System: An Analysis of the Normative Construction of the Criminal Code and the Criminal Code in the Perspective of Pancasila and Legal Reform Muhammad Rifaid; Syamsuddin; Ridwan; Hajairin; Musmuliadin
KASTA : Jurnal Ilmu Sosial, Agama, Budaya dan Terapan Vol. 5 No. 3 (2025): Desember
Publisher : Lembaga Bale Literasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58218/kasta.v5i3.3300

Abstract

Through legal doctrinal research, this paper investigates the normative construction and philosophical foundations of integrating restorative justice in the Indonesian criminal justice system. This study uses legislative, comparative, and conceptual methods to assess the legal structure, consistency, and prospects for the implementation of the National Criminal Code (Law No. 1/2023) and the Criminal Procedure Law (Kitab Undang-Undang Hukum Acara Pidana/KUHAP). The results of the study show a fairly comprehensive normative framework with a strong philosophical foundation based on Pancasila, supported by constitutional clauses and customary law traditions. In particular, this study found that the paradigm transformation from retributive to restorative is reflected in the goal of punishment that emphasizes the restoration of social relationships, the reintegration of perpetrators, and the protection of victims. However, the effectiveness of implementation still faces challenges in the form of regulatory disharmony, limited capacity of law enforcement officials, and the lack of optimal monitoring and evaluation mechanisms for the implementation of restorative agreements. In addition, there are normative gaps related to loss recovery standards, protection of vulnerable groups, and integration of customary law in formal judicial practice. This condition shows that although conceptually restorative justice has acquired strong normative legitimacy, its implementation still requires institutional strengthening and policy harmonization. To ensure effective, equitable, and protection-oriented implementation of human rights, this study proposes a framework for the Pancasila-Based Integrated Restorative Justice System and offers legal policy recommendations that emphasize the integration of structural, substantial, cultural, and procedural dimensions in the national criminal justice system.
Co-Authors Abdul Mujib Fitradin Malani Hajairin Makhrus Mastorat Muhammad Rifaid Musmuliadin Rahmawati Syamsuddin