Article Per Year (5 Year)
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All Journal Jurnal Ilmiah Al-Syir'ah Media Iuris Lex Scientia Law Review
M. Fabian Akbar
Faculty of Law, Universitas Gadjah Mada
Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Bridging Digital Justice: A Comparative Study of E-Commerce Arbitration in Indonesia and Taiwan Istianah Zainal Asyiqin; Fadia Fitriyanti; Ani Yunita; M. Fabian Akbar; Tsai Pei-Fen
Lex Scientia Law Review Vol. 9 No. 2 (2025): November, 2025: Law, Policy, and Governance in Contemporary Socio-Economic Tran
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i2.18899

Abstract

The rapid expansion of e-commerce has significantly altered the global trade landscape, presenting legal challenges and opportunities, particularly in cross-border transactions. Arbitration has emerged as an effective mechanism for resolving e-commerce disputes, due to its enforceability and flexibility. The intersection between arbitration and e-commerce necessitates immediate attention as electronic signatures, digital contracts, and remote proceedings become more common. This study employed a normative legal approach to evaluate the arbitration frameworks of Indonesia and Taiwan in the context of e-commerce disputes. While Law No. 19 of 2016 on Electronic Information and Transactions (ITE Law) supports Indonesia's legal system, it lacks specific provisions on arbitration for digital commerce, particularly in international contexts. In contrast, Taiwan exhibits a more comprehensive system integrating its Electronic Signatures Act with arbitration practices, enabling a more significant adaptation to technological advancements. While Taiwan's Arbitration Act does not explicitly regulate remote hearings, the Code of Civil Procedure and Judicial Yuan's pertinent regulations permit remote hearings, video conferencing, and electronic evidence submission, thereby guaranteeing continuity and efficiency, particularly during the COVID-19 pandemic. According to this investigation, Taiwan's institutional and procedural preparedness for digital dispute resolution is more advanced. To augment its e-commerce arbitration skills, Indonesia must integrate digital technologies and address regulatory gaps within its arbitration system. The comparative research provides a distinct viewpoint on how both nations might mutually benefit from enhancing legal clarity, effectiveness, and cross-border enforceability within the digital economy.
Rescission of the Comprehensive Military Agreement (CMA): A Violation of International Law by South Korea? M. Fabian Akbar; Muhammad Fathi; Javier Maramba Pandin; Andi Tenri Oddang; Muhammad Mierza Pratama
Media Iuris Vol. 9 No. 1 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i1.76593

Abstract

This article examines the legal implications of South Korea’s suspension of the 2018 Comprehensive Military Agreement with North Korea against the background of renewed tensions on the Korean Peninsula. The study aims to determine whether this unilateral suspension is compatible with international law and what it reveals about the broader limits of lawful unilateral action in treaty relations. Using normative legal research based on doctrinal analysis, this evaluation assesses the agreement, the Vienna Convention on the Law of Treaties, relevant state practice, and official statements from both governments. The study reveals that the legality of the suspension hinges on whether North Korea’s conduct constitutes a material violation, whether there has been a fundamental change of circumstances, and how strictly national security and necessity can be invoked to justify suspending treaty obligations. The article concludes that the Korean case clarifies the boundaries between lawful countermeasures and internationally wrongful acts, and it offers normative guidance for designing and interpreting security agreements in regions marked by persistent military rivalry.
Taqābuḍ Ḥukmī in Crypto Asset Transactions: Digital Ownership under Islamic Law in Aceh’s Sharia Financial Context Istianah Zainal Asyiqin; M. Fabian Akbar; Muhammad Daffa Auliarizky Onielda
Jurnal Ilmiah Al-Syir'ah Vol 24, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v24i1.3158

Abstract

This study analyzes taqābuḍ ḥukmī in crypto asset transactions within Aceh’s sharia financial context. The rise of crypto assets raises a key question in fiqh muamalah: how can Islamic law recognize ownership and possession when the object is non-physical and exists through blockchain records, wallets, and private keys? Unlike studies that focus mainly on whether cryptocurrency is halal or haram, this article examines digital ownership and constructive possession in a setting where sharia financial norms have formal legal significance. By examining taqābuḍ ḥukmī in blockchain-based transactions, this study presents crypto assets as a case of how Islamic law adapts its doctrines of property and possession to contemporary socio-legal and technological change. Using a normative-doctrinal legal approach with a contextual socio-legal reading, the study examines classical fiqh doctrines, contemporary sharia standards, Indonesian regulations, Aceh’s sharia financial framework, academic literature, institutional fatwas, and expert opinion. The study finds that crypto assets may be categorized as māl mutaqawwam when they have lawful utility, economic value, scarcity, technological infrastructure, and market recognition. However, valid crypto transactions depend not only on the asset’s status but also on the transaction mechanism. Spot transactions may fulfill taqābuḍ ḥukmī when buyers obtain effective digital control through wallet access, blockchain confirmation, private-key control, or transferability. Futures trading, leverage, short selling, fixed-yield schemes, and manipulative practices remain problematic because they may involve riba, gharar, maysir, najasy, or unlawful consumption of wealth. This article develops an Acehnese sharia digital ownership framework for assessing crypto transactions within Islamic economic law in Aceh.
Co-Authors Andi Tenri Oddang Ani Yunita Fadia Fitriyanti Istianah Zainal Asyiqin Istianah Zainal Asyiqin Javier Maramba Pandin Muhammad Daffa Auliarizky Onielda Muhammad Fathi Muhammad Mierza Pratama Tsai Pei-Fen