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All Journal Journal of Sharia Economic Law
Nur Persmawati Sahar Putri
UPN "Veteran" Jawa Timur
Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Digital Platform Data And Algorithm Control In Competition And Islamic Law Perspective Toward Digital Ihtikar Nur Persmawati Sahar Putri; Veronica Cynthia Wibowo
Journal of Sharia Economic Law Vol. 4 No. 2 (2026)
Publisher : Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/jshel.v4i2.10185

Abstract

The rapid expansion of digital platforms has increased the concentration of control over user data and algorithmic systems, enabling dominant companies to influence market access, pricing visibility, and consumer behavior. This development raises significant concerns regarding market power and fair competition in the digital economy. This study examines the legal implications of data and algorithmic dominance through the perspectives of Indonesian competition law and Islamic economic law. It introduces the concept of digital ihtikar as a normative framework for understanding contemporary forms of monopolistic practices in digital markets. Using a normative legal research method with conceptual and comparative approaches, the study analyzes competition regulations alongside classical and contemporary interpretations of ihtikar in Islamic jurisprudence. The findings show that existing competition law has limitations in addressing algorithmic opacity and data-driven market gatekeeping. Meanwhile, Islamic economic principles provide a broader ethical foundation that emphasizes justice, fairness, and public welfare. Both legal perspectives recognize excessive control over data and algorithms as a form of digital ihtikar that undermines fair competition. The study concludes that reinterpreting ihtikar within the digital economy can strengthen legal responses to platform dominance while promoting more equitable and competitive digital markets.
Batas Kewenangan Peradilan Agama dalam Penyelesaian Sengketa Pembiayaan Bank Syariah terhadap Debitor yang Dinyatakan Pailit Veronica Cynthia Wibowo; Nur Persmawati Sahar Putri; Budi Prasetyo Margono
Journal of Sharia Economic Law Vol. 4 No. 2 (2026)
Publisher : Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/jshel.v4i2.10467

Abstract

The authority of Religious Courts to resolve disputes concerning sharia bank financing is established under Religious Courts Law as part of sharia economic disputes. However, legal issues arise when a debtor fulfils the statutory requirements for bankruptcy under the Bankruptcy and Suspension of Debt Payment Obligations Law, placing the matter within the jurisdiction of the Commercial Court. This overlap raises questions regarding the limits of jurisdiction and legal certainty in resolving disputes arising from sharia financing. This study aims to examine the limits of the Religious Courts' authority in sharia bank financing disputes that result in bankruptcy and to analyse the legal certainty regarding the division of jurisdiction between the Religious Courts and the Commercial Courts. The research employs a normative legal method using statutory, conceptual, and case approaches. The findings indicate that the Religious Courts retain jurisdiction only while the dispute concerns the implementation of a sharia financing contract. Once the debtor is declared bankrupt, jurisdiction shifts to the Commercial Court. The study also finds a lack of harmonisation between the Islamic Banking Law, the Religious Courts Law, and the Bankruptcy Law. Therefore, the Bankruptcy Law should be revised to incorporate specific provisions on sharia bankruptcy.
Co-Authors Budi Prasetyo Margono Veronica Cynthia Wibowo