Herri Novealdi
Sultan Thaha Saifuddin State Islamic University of Jambi

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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.
Model of Regulation for Personal Data Protection of Online Loan Consumers Based on Maqasid Syariah and Personal Data Protection Law No. 27 of 2022 Rahmat Setiyadi; Ilham Abdi Prawira; Cici Sundari; Herri Novealdi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This study aims to analyze the Model of Regulation for the Protection of Personal Data of Online Loan Consumers Based on Maqasid Syariah and the No. 27 Of 2022 Personal Data Protection Law. This research employs a qualitative method with a normative juridical approach, utilizing primary data in the form of the PDP Law, as well as secondary data from social media and relevant journals. The analysis was carried out using NVivo 12 Plus to systematically process qualitative data through word, frequency, and attribute analysis. The study's results demonstrate that the PDP Law provides a robust legal framework for protecting the rights of data subjects, including the right to privacy, security, and control over their personal data. This law emphasizes that online loan providers are required to obtain the user's explicit consent before processing their data (Articles 15–20) and provide consumers with the right to access, correct, or delete their personal data (Article 16). The PDP Law also provides for administrative and criminal sanctions for violations, including hefty fines and imprisonment (Articles 57–63), to ensure transparent, fair, and accountable data management. From the perspective of Maqasid Sharia, the protection of personal data aligns with the principles of hifz al-nafs (protection of life), hifz al-'aql (protection of reason), and, in particular, hifz al-'irdh (protection of honor). Violations of personal data are viewed as a violation of human honor and dignity, which is contrary to the values of Justice and benefit in Sharia. Thus, the protection of personal data of borrowed consumers reflects the synergy between positive law and Islamic ethical principles.