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All Journal Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory
Siti Nuranisya
Universitas Islam Negeri Sunan Gunung Djati Bandung, Indonesia
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Studi Komparasi Sistem Garansi Menurut Hukum Ekonomi Syariah dan Hukum Perdata Siti Nuranisya; Fauzan Januri
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 4 No. 2 (2026)
Publisher : SPT. haria Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v4i2.1848

Abstract

This study aims to analyze the comparative system of warranty in Islamic Economic Law (specifically the concept of khiyār ‘aib) and the warranty system in Civil Law (KUHPerdata). The main focus of this study is to identify points of convergence, divergence, and the juridical implications of these two legal instruments in protecting consumers from defective products. The research method used is normative legal research with a comparative approach. The results indicate fundamental similarities regarding the buyer's right to rescind or proceed with the transaction if a defect is discovered, as well as the seller's obligation to be responsible for latent defects. However, there are significant differences in determining the warranty period and the criteria for claimable defects. In terms of juridical implications, these differences lie in the legal subjects, the scope of the objects, and the nature of the contracts used. The study concludes that although khiyār and warranty have different philosophical foundations, they share the same goal of ensuring justice and protection for parties involved in sales transactions.
Analisis Efektivitas UU P2SK Dalam Memitigasi Risiko Sistemik di Indonesia Siti Nuranisya; Atang Abdul Hakim
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 4 No. 2 (2026)
Publisher : SPT. haria Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v4i2.1994

Abstract

Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law) serves as a legal response to regulatory fragmentation and the complexity of risks within Indonesia's financial sector. This study aims to analyze the effectiveness of the P2SK Law in mitigating systemic risk using a normative juridical approach. The analysis indicates that the omnibus law method employed in the P2SK Law has successfully integrated previously fragmented legal frameworks and strengthened institutional coordination among Bank Indonesia, the OJK, and the LPS under the Financial System Stability Committee (KSSK). Although the P2SK Law provides a robust legal basis for supervising financial technology innovation and consumer protection, its long-term effectiveness faces implementation challenges, including delays in issuing derivative regulations, potential sectoral ego, and infrastructure capacity gaps in microfinance institutions. This study concludes that while the P2SK Law is a strategic step toward fortifying the financial system stability architecture, its success heavily depends on the consistency of law enforcement and inter-institutional policy synchronization.
Zakat Investasi Reaktualisasi Fikih Kontemporer dalam Ekosistem Ekonomi Syariah Siti Nuranisya; Cucu Susilawaty
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 4 No. 2 (2026)
Publisher : SPT. haria Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v4i2.1995

Abstract

This study examines the urgency of investment zakat as an Islamic financial instrument from a contemporary Islamic economic perspective. Etymologically, zakat means al-numuw, which signifies fertility, growth, and development. However, in practice, zakat now faces the challenges of the diversification of modern financial instruments that have not been comprehensively documented in classical jurisprudence literature. Through a literature study, this research analyzes the classification of productive assets and the re-actualization of Islamic law regarding zakat mechanisms on investment assets, such as stocks and industrial sectors. The results indicate that investment zakat, derived from accumulated profit margins or net returns, has transformed into an integral pillar of the modern economic ecosystem. Its position is no longer merely a ritual instrument but a strategic financial power that contributes directly to macroeconomic stability. Furthermore, this study affirms that optimizing the governance of investment zakat is a crucial systemic solution for mitigating national economic issues, particularly in addressing poverty, income disparity, and unemployment. Thus, investment zakat proves to be a fundamental and adaptive financial instrument to cover the potential of new wealth emerging from various contemporary economic activities. Keywords: Zakat, Islamic Investment, Contemporary Fiqh, Macroeconomics, Wealth Distribution.
Co-Authors Atang Abdul Hakim Cucu Susilawaty Fauzan Januri