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Nazaruddin Al-Farisi
Universitas Muhammdiyah Yogyakarta

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Anti-Corruption Law and Democratic Governance: An International Legal Perspective Nazaruddin Al-Farisi; Siti Lintang Saputri
Law and Democracy Insight Vol. 2 No. 2 (2024): December 2024
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-318

Abstract

Corruption poses a significant threat to democratic governance by weakening accountability, transparency, public trust, and institutional integrity. This study examines the role of anti-corruption law in strengthening democratic governance through a normative juridical method and doctrinal analysis of the United Nations Convention against Corruption Law Number 7 of 2006 and the United Nations Convention against Transnational Organized Crime Law Number 5 of 2009. The findings show that anti-corruption law supports democratic governance by promoting accountability, transparency, public integrity, and effective institutional oversight. The study also finds that United Nations Convention against Corruption and the United Nations Convention against Transnational Organized Crime provide important international standards for corruption prevention and international cooperation. However, political corruption, state capture, and implementation challenges continue to affect governance effectiveness. The study concludes that strengthening anti-corruption frameworks remains essential for protecting democratic institutions and maintaining public trust.
Legal Analysis of Buy Now Pay Later under Positive Law and Islamic Economic Law: Riba, Gharar, and Transactional Justice Siti Lintang Saputri; Nazaruddin Al-Farisi
Law and Democracy Insight Vol. 4 No. 1 (2026): June 2026
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-522

Abstract

Buy Now Pay Later (BNPL) is a digital financing service that allows consumers to acquire goods or services upfront and complete payment later, either as a lump sum or through installments. The growth of BNPL raises legal questions regarding contract validity, consumer protection, riba (usury), gharar (uncertainty), and transactional justice. This study uses a normative legal method with statutory and conceptual approaches. Legal materials were analyzed based on statutory provisions specifically Law Number 8 of 1999 on Consumer Protection and Financial Services Authority Regulation (POJK) Number 32 of 2025 on the Operation of Buy Now Pay Later (BNPL) National Sharia Board-Indonesian Council of Ulema (DSN-MUI) fatwas, and scholarly literature published between 2021 and 2025. This study examines the legal position of BNPL under Indonesian positive law, the mechanisms of BNPL in light of the prohibitions against riba and gharar in Islamic economic law, and the application of justice principles in BNPL transactions. The results indicate that BNPL holds a recognized legal standing as a financing service regulated within Indonesia's financial system. However, formal legality does not automatically equate to Sharia compliance. The presence of riba and gharar depends on contract design (akad), fee structures, late penalties, information disclosure, and underlying financing mechanisms. Therefore, BNPL operations must prioritize contract clarity, transparency, consumer protection, and transactional justice.
Co-Authors Siti Lintang Saputri Siti Lintang Saputri