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All Journal IQTISHOD: Jurnal Pemikiran dan Hukum Ekonomi Syariah
M Ibrahim Aziz
IAIN Kerinci
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Consumer Protection In Instagram Live Streaming Sales: A Perspective From Islamic Law And Positive Law M Ibrahim Aziz
IQTISHOD: Jurnal Pemikiran dan Hukum Ekonomi Syariah Vol. 2 No. 2 (2023): Volume 2 Nomor 2, Tahun 2023
Publisher : STAI Al-Mas'udiyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69768/ji.v2i2.335

Abstract

The development of digital technology has transformed buying and selling patterns, including through the live streaming feature on Instagram. Live transactions facilitate communication between sellers and consumers but also pose risks of information discrepancies, delivery failures, refund manipulation, and financial losses. This study aims to analyze consumer protection in live-streamed sales from the perspectives of Islamic law and Indonesian positive law. The study employs a normative legal approach using a literature review. Primary legal sources include Law No. 8 of 1999 on Consumer Protection, the Law on Information and Electronic Transactions, the Criminal Code, Government Regulation No. 82 of 2012, and relevant fatwas from the DSN-MUI. The analysis was conducted qualitatively through the reduction, classification, and interpretation of legal materials. The research results indicate that consumers have the right to accurate information, transaction security, dispute resolution, and compensation. Islamic law emphasizes honesty, justice, the prohibition of gharar, and the right of khiyar. The PIS case demonstrates that the legal framework for protection is in place, but its implementation still requires oversight and more effective dispute resolution mechanisms. Keywords: e-commerce; Islamic law; positive law; live streaming; consumer protection
Murabahah Financing Disputes An Analysis of Klaten Religious Court Decision Number 891Pdt.G2024PA.Klt M Ibrahim Aziz
IQTISHOD: Jurnal Pemikiran dan Hukum Ekonomi Syariah Vol. 3 No. 2 (2024): Volume 3 Nomor 2 Tahun 2024
Publisher : STAI Al-Mas'udiyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69768/ji.v3i2.336

Abstract

This study analyzes the implementation of a murabahah financing contract and the legal considerations of the panel of judges in assessing default in Klaten Religious Court Decision Number 891/Pdt.G/2024/PA.Klt. The study employs a normative juridical method with a descriptive-analytical approach. Secondary data were obtained through library research and documentary study, including the court decision, the Compilation of Sharia Economic Law, DSN-MUI Fatwa Number 04/DSN-MUI/IV/2000 on Murabahah, relevant legislation, and scholarly literature. The analysis compares the legal facts established in the decision with the pillars, requirements, and principles of murabahah and the rules governing default in sharia economic law. The findings show that, formally, the agreement specifies the parties, financing object, principal price, profit margin, period, and installment mechanism. Substantively, however, an issue arises concerning ownership of the goods because the financing funds were delivered to the customer to purchase construction materials, while the decision does not establish that the goods were first owned by the BMT before being sold to the customer. The panel nevertheless found the defendant in default because of failure to make installments as agreed. The decision therefore illustrates a distinction between formal contractual validity and substantive compliance with the murabahah mechanism. Keywords: Default; Islamic economic law; Murabahah; Sharia financing; Dispute
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