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All Journal Studi Multidisipliner: Jurnal Kajian Keislaman Anthroposia: Journal of Social and Human Development
Neng Yani Nurhayani
Universitas Islam Negeri Sunan Gunung Djati
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice

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The Existence of Sharia Economic Law in the National Legal Order Neng Yani Nurhayani; Oyo Sunaryo Mukhlas; Atang Abdul Hakim
Studi Multidisipliner: Jurnal Kajian Keislaman Vol 13, No 1 (2026)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padngsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/multidisipliner.v13i1.18419

Abstract

This research aims to analyze the existence of Sharia Economic Law in the national legal order in Indonesia. The research uses normative legal research methods by examining primary, secondary, and tertiary legal materials related to research problems. This study focuses on the existence of Sharia Economic Law in the national legal system, the principles of sharia economics, and the development of the sharia economy in Indonesia. Through this approach, this study provides a comprehensive overview of the position and role of Sharia Economic Law in the Indonesian legal system. The results of the study show that: (1) historically Sharia Economic Law has existed in Indonesia since the colonial period, although it is still in the early stages of development as an effort to confront the Dutch capitalist system. The establishment of banking institutions by Aria Wiraatmaja in 1898 became one of the initial solutions for national economic development which was substantively relevant to the concept of musharakah from the perspective of Islamic Economic Law; (2) the existence of Western Economic Law, especially treaty law that regulates the rights and obligations of the parties, has relevance to the theory of engagement in Sharia Economic Law so that Sharia Economic Law also functions as a reinforcement of existing law (li ta'kid); (3) Sharia Economic Law as a derivation of the religious beliefs of Muslims which is closely related to the concept of theology and muamalah occupies a position as part of efforts to formalize Islamic sharia into national law; and (4) the existence of Sharia Economic Law in the national legal system reflects the form of law obedience or the obedience of the Muslim community to God's law.
The Effectiveness of Law Enforcement Against Trademark Infringement in Online Commerce in Indonesia Gia Anggiani; Hani Sri Handayani; Dila Nurul Maghfira Arrahman; Neng Yani Nurhayani
Anthroposia: Journal of Social and Human Development Vol. 1 No. 1 (2026): March: Anthroposia: Journal of Social and Human Development
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/c9fv3812

Abstract

This study examines the effectiveness of law enforcement against trademark infringement in online commerce in Indonesia through a normative juridical research approach. The analysis is based on statutory regulations, international intellectual property instruments, policy documents, and scholarly literature concerning trademark protection, electronic commerce, and digital governance. The findings indicate that Indonesia possesses a relatively comprehensive legal framework for trademark protection, supported by national legislation and international intellectual property standards. Nevertheless, the practical effectiveness of enforcement remains limited due to institutional coordination problems, difficulties in identifying online offenders, challenges associated with digital evidence, marketplace supervision limitations, and procedural barriers affecting criminal and civil remedies. The study identifies a persistent gap between normative legal objectives and enforcement realities within digital commercial environments. To address these challenges, the research proposes an integrated reform model emphasizing regulatory innovation, marketplace accountability, artificial intelligence based monitoring systems, alternative dispute resolution mechanisms, preventive legal protection, and enhanced stakeholder cooperation. The study argues that effective trademark protection in digital commerce requires the convergence of legal certainty, technological capability, and adaptive governance structures capable of responding to evolving patterns of online infringement.
Co-Authors Atang Abdul Hakim Dila Nurul Maghfira Arrahman Gia Anggiani Hani Sri Handayani Oyo Sunaryo Mukhlas