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All Journal Kosmik Hukum Al-Muamalat : Jurnal Ekonomi Syariah
Nur Rizqi Febriandika
University of Newcastle
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Geographical Indications and Maqāṣid al-Sharī‘ah: Realizing Intellectual Property as an Instrument of Economic Justice Triyono Adi Saputro; Isman; Diana Setiawati; Azhar Alam; Nur Rizqi Febriandika
Al-Muamalat Vol. 12 No. 2 (2025): July
Publisher : Department of Sharia Economic Law, Faculty Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/am.v12i2.51236

Abstract

Intellectual Property (IP) protection in Indonesia remains primarily oriented toward individual and capitalist interests, thereby failing to reflect the values of distributive justice fully. This research aims to analyze Geographical Indications (GIs) as an instrument of economic justice from the perspective of Maqāṣid al-Sharī‘ah. The study employs a normative legal research method, utilizing both conceptual and legislative approaches. Data were gathered through a literature review of primary, secondary, and tertiary legal sources, which were then analyzed qualitatively to examine the relationship between the principles of positive law and the values of Maqāṣid al-Sharī‘ah. The findings indicate that the principles of Maqāṣid al-Sharī‘ah, such as hifz al-mal (protection of property), hifz al-nafs (protection of life), and hifz al-'aql (protection of intellect), provide a strong philosophical foundation for the reconstruction of a just and inclusive IP system. GIs' protection not only provides legal recognition of product origins but also serves as an instrument for the economic empowerment of local communities and the equitable distribution of financial benefits. Incorporating Sharia values into IP policies can broaden the moral, social, and ecological dimensions of a sustainable creative economy. This research recommends reformulating national IP policies by incorporating the principles of Maqāṣid al-Sharī‘ah, strengthening the role of producer communities in GIs governance, and fostering quadruple-helix collaboration among government, academia, industry, and communities. In this way, GIs can serve as an instrument of economic justice and contribute to achieving sustainable development goals.
Harmonization of Halal Tourism Regulations and The Digital Sharia Economy: A Perspective from Islamic Economic Law Triyono Adi Saputro; Diana Setiawati; Nur Rizqi Febriandika; Awalia Rina Rahmawati; Wahyu Tri Mohamad Firdaus
Kosmik Hukum Vol. 26 No. 3 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i3.31945

Abstract

Indonesia’s halal tourism industry has grown rapidly, ranking first in the Global Muslim Travel Index for two consecutive years (2023–2024), alongside the accelerating national digital sharia economy, now valued at USD 99 billion in 2025. Surakarta, a city of significant cultural and religious importance with a large domestic tourist base, has yet to establish specific regulations integrating halal tourism standards with the digital Sharia economy ecosystem, creating a legal gap amid growing market potential. This study aims to analyze the current state of halal tourism and digital Sharia economy regulations in Surakarta and to formulate an ideal harmonization model within the framework of Islamic economic law. This normative legal research employs statutory, conceptual, and case-based approaches, utilizing primary legal materials (legislation and DSN-MUI fatwas), secondary materials (academic literature and official reports), and tertiary materials, analyzed qualitatively and descriptively through mapping, gap analysis, and synthesis. The findings indicate that the regulatory vacuum in Surakarta reflects the local government’s failure to position hifz al-din and hifz al-mal as structural variables in economic policy, compounded by weak cross sectoral institutional coordination. The study proposes a harmonization model grounded in maqāşid al-sharī’ah, expanding the conventional four-pillar framework (regulatory harmonization, standardization, multi-stakeholder synergy, and sustainability orientation) with a fifth pillar digital interoperability that links halal certification databases, tourism business data, and national sharia marketplace ecosystems. This model offers a transferable framework for other culturally and religiously significant “middle-tier” cities pursuing the development of a halal tourism identity in Indonesia’s digital era.
Co-Authors Awalia Rina Rahmawati Azhar Alam Diana Setiawati Isman Isman Triyono Adi Saputro Wahyu Tri Mohamad Firdaus