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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Pidayan Sasnifa
Sultan Thaha Saifuddin State Islamic University of Jambi
Law, Crime, Criminology & Criminal Justice

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The Legal Status of Contracts in Affiliate Schemes: A Fiqh Mu'āmalah Review and Its Implementation in the Digital EraThe Legal Status of Contracts in Affiliate Schemes: A Fiqh Mu'āmalah Review and Its Implementation in the Digital Era Amirkahairuddin; Pidayan Sasnifa; Herri Novealdi; Cici Sundari
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7420

Abstract

The development of the digital economy has introduced affiliate marketing as a key strategy for expanding Indonesia's e-commerce market. This study aims to analyze the legal status of contracts (akad) within affiliate schemes in accordance with the principles of fiqh mu'āmalah and to examine their implementation in the digital ecosystem. The research employs a normative method with a literature review approach, analyzed descriptively and qualitatively using Nvivo 12 Plus to trace secondary data from journals, online media, and relevant regulations. The findings indicate that affiliate practices can be classified as ju‘ālah, wakālah, or ijārah contracts, provided the essential elements and requirements of the agreement are met. However, in practice, several issues remain, including unclear commission calculation systems, delayed payments, bonus mechanisms that may resemble maysir, and the risk of riba in payment processes handled through third parties. These findings underscore the importance of transparency, fairness, and Sharia compliance in the implementation of digital affiliate schemes. The study concludes that affiliate systems have a valid sharia-based legal basis but require specific regulations to ensure legal certainty and protection for all parties involved.
Living Law In The Antaran Wedding Tradition: A Study Of Customary Marriage Practices In Tanah Kampung, Sungai Penuh City, Jambi Province Pidayan Sasnifa; M. Kamal Fathoni; Ana Ramadhona; Mutia Dwi Arita Deli; Ahmad Sholihin Muttaqin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7885

Abstract

This article examines the dynamics of customary marriage practices within the framework of legal pluralism, highlighting the antaran tradition as practiced by a local community in Jambi. This tradition demonstrates a marked divergence from prevailing practices in Jambi society, as antaran is conducted after the wedding reception and applies only to couples originating from the same village, while grooms from outside the community are not subject to this obligation. The study employs perspectives of customary law and the concept of living law to understand how these local norms are formed, maintained, and institutionalized as social standards within the community. The analysis also situates the antaran custom within the framework of Islamic law through the concept of 'urf, to assess whether this practice meets the criteria of a tradition that can be recognized by Islamic jurisprudence. Furthermore, the research compares this phenomenon with cross-cultural and cross-community marriage practices found in other societies to identify broader patterns in the formation of social boundaries. The findings indicate that the antaran tradition functions not merely as part of the wedding ritual but also as an instrument of social cohesion, a means of preserving local identity, and a mechanism of social control that strengthens communal bonds. This study contributes to a deeper understanding of the relationships among customary law, Islamic law, and national law in contemporary Indonesian society.
Co-Authors Ahmad Sholihin Muttaqin Amirkahairuddin Ana Ramadhona Cici Sundari Herri Novealdi M. Kamal Fathoni Mutia Dwi Arita Deli