Tjahjana Budiman
Universitas Narotama

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Integration of Islamic Law in Global Trade Transactions in The Digital Era; Normative and Comparative Study Tjahjana Budiman
THE SPIRIT OF SOCIETY JOURNAL : International Journal of Society Development and Engagement Vol 9 No 1: September 2025
Publisher : LPPM of NAROTAMA UNIVERSITY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29138/scj.v9i1.3562

Abstract

Digital-based global trade has transformed cross-border transactions into an ecosystem that relies on electronic contracts, online marketplaces, fintech payment channels, algorithmic mediation, and cross-jurisdictional data flows. This transformation raises legal issues regarding the validity of agreements, Sharia compliance, consumer protection, data governance, platform accountability, and cross-border enforceability. This undergraduate legal research examines the integration of Islamic law in global trade transactions in the digital era through normative and comparative approaches. This study analyses muamalah principles, particularly the prohibitions on riba (usury), gharar (uncertainty), and maysir (gambling), and uses maqasid al-sharia as an evaluative framework to assess whether digital trade practices protect property, honour, and justice (Al-Shatibi, 2004). The analysis is compared with Indonesian positive law governing the digital economy, including Government Regulation Number 80 of 2019 concerning Trade Through Electronic Systems, Law Number 1 of 2024 as the second amendment to the Electronic Information and Transactions regime, Law Number 27 of 2022 concerning Personal Data Protection, and Law Number 8 of 1999 concerning Consumer Protection (Republic of Indonesia, 1999; 2019; 2022; 2024). This research also aligns Sharia norms with international instruments that facilitate the recognition of cross-border electronic communications based on functional equivalence, namely the UNCITRAL Model Law on Electronic Commerce and the UN Convention on Electronic Communications in International Contracts (UNCITRAL, 1996; United Nations, 2005). A comparative study of literature indexed in Google Scholar, SINTA, and Scopus shows that previous research often positioned Sharia compliance as a conceptual checklist, while recent Scopus studies emphasize the importance of trust, governance, and institutional design as prerequisites for a Sharia-compliant digital ecosystem (Ribadu & Rahman, 2019; Wira, 2024). This research offers a layered integration model that connects Sharia contract compliance, national regulatory compliance, technological accountability, and cross-border dispute resolution. The results conclude that Islamic law is normatively compatible with global digital trade as long as the principles of transparency, halal objects, informed consent, justice, and accountability are upheld through executable legal and governance mechanisms.
Personal Data Breaches by Online Loans as a Form of Cyber Crime Tjahjana Budiman
THE SPIRIT OF SOCIETY JOURNAL : International Journal of Society Development and Engagement Vol 9 No 2: Maret 2026
Publisher : LPPM of NAROTAMA UNIVERSITY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29138/scj.v9i2.3636

Abstract

The rapid growth of online lending platforms in Indonesia has accelerated financial inclusion while simultaneously generating new forms of cyber crime, particularly the unlawful collection, processing, and dissemination of personal data by illegal operators. This research analyzes personal data violations committed by online lending services as cyber crime from criminological and victimological perspectives following the enactment of Law Number 27 of 2022 concerning Personal Data Protection. Using a normative juridical method with statutory and conceptual approaches, this study integrates cyber crime theory, digital white collar crime theory, opportunity theory, anomie theory, and critical victimology to explain structural relations between perpetrators and victims in the digital financial ecosystem. The study finds that personal data exploitation constitutes cyber enabled financial crime characterized by asymmetry of information, technological dominance, weak enforcement mechanisms, and profit oriented motives. Victims suffer layered victimization including financial losses, psychological harm, reputational damage, and secondary victimization. Although the Personal Data Protection Law strengthens legal safeguards, implementation challenges remain significant due to cross border operations, institutional limitations, and low digital literacy. The research proposes comprehensive penal and non penal strategies to enhance enforcement and victim protection.