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All Journal MIZANUNA: Jurnal Hukum Ekonomi Syariah
Baidhowi
Fakultas Hukum Universitas Negeri Semarang, Jawa Tengah, Indonesia

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INVESTASI DALAM SUKUK DAN SAHAM SYARIAH: Tinjauan Hukum Ekonomi Syariah Di Pasar Modal Indonesia Evi Mutiara Marpaung; Baidhowi
J-HES NIDA EL-ADABI: Jurnal Hukum Ekonomi Syariah Vol 3 No 1 (2025): Juni 2025
Publisher : LPPM STAI Nida El-Adabi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59166/mizanuna.v3i1.307

Abstract

This study aims to examine the regulations and legal aspects related to investment in Islamic capital market instruments in Indonesia, especially sukuk (Islamic bonds) and Islamic stocks, from the perspective of Islamic economic law. The Islamic capital market has been growing rapidly, especially in Muslim-majority countries such as Indonesia. By using a qualitative research method through a literature study, this research analyzes various literatures and previous studies in order to gain a deeper understanding of the validity of investing in these Islamic instruments. The results show that investment in sukuk and sharia stocks is permissible in Islam as long as it fulfills the established sharia principles. This conclusion is supported by various previous studies and strengthened by the Fatwa of the National Sharia Council-Majelis Ulama Indonesia (DSN-MUI) which regulates the Islamic capital market. In addition, there are postulates in Islamic law that emphasize the permissibility of investing in these instruments, provided that they do not contain elements of usury, gharar (uncertainty), and maysir (speculation). With clear regulations and support from Islamic financial authorities, sukuk and Islamic stocks can be an alternative investment that is not only economically beneficial but also in accordance with Islamic principles.
ANALISIS HUKUM EKONOMI SYARIAH TERHADAP INVESTASI SAHAM SYARIAH DI BURSA EFEK INDONESIA Yuliana Munthe; Baidhowi
J-HES NIDA EL-ADABI: Jurnal Hukum Ekonomi Syariah Vol 3 No 1 (2025): Juni 2025
Publisher : LPPM STAI Nida El-Adabi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59166/mizanuna.v3i1.308

Abstract

The delay in insurance claim payments has become a crucial issue for policyholders, particularly in cases involving insurance companies such as Bumiputera. This situation creates legal uncertainty and has the potential to harm the rights of policyholders. This study aims to analyze the legal protection and safeguards provided to policyholders in facing the liquidity constraints of insurance companies. Using a normative juridical research method, this study refers to the applicable laws and regulations, including Law Number 40 of 2014 on Insurance and Law Number 4 of 2023. The research findings indicate that several legal instruments can provide protection for policyholders, such as supervision by the Financial Services Authority (OJK) and provisions regarding guarantee funds. However, the implementation of these regulations still faces various challenges, including the ineffectiveness of dispute resolution mechanisms and delays in intervention against insurance companies experiencing liquidity issues. Therefore, it is necessary to strengthen regulations and establish a more responsive legal protection mechanism to ensure that the rights of policyholders remain safeguarded in situations of uncertainty regarding insurance claim payments.
TINJAUAN HUKUM EKONOMI SYARIAH TERHADAP PENERAPAN SUKU BUNGA PADA E-COMMERCE: Studi Kasus Shopee Paylater Eva Rutnauli Sinaga; Baidhowi
J-HES NIDA EL-ADABI: Jurnal Hukum Ekonomi Syariah Vol 3 No 1 (2025): Juni 2025
Publisher : LPPM STAI Nida El-Adabi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59166/mizanuna.v3i1.310

Abstract

This research aims to analyze the imposition of interest rates in phased payment services (PayLater) on e-commerce platforms, especially on Shopee PayLater, from the perspective of Islamic economic law. In the Islamic economic system, practices involving interest (riba) are considered incompatible with the principles contained in the Qur'an and hadith, which prioritize fairness and transparency in financial transactions. Therefore, this research examines whether the imposition of interest rates in the Shopee PayLater service fulfills the principles of sharia law or is contrary to the applicable provisions. This research uses a qualitative approach by analyzing literature related to sharia economic law, as well as regulations governing financial transactions in the digital context. The results of this study indicate that the practice of interest rates on Shopee PayLater can be categorized as usury, which is contrary to sharia economic principles. In addition, there are several aspects that need to be improved to harmonize e-commerce business practices with sharia values. This research is expected to contribute to the development of e-commerce policies and practices that are more in line with sharia economic law.
Co-Authors Eva Rutnauli Sinaga Evi Mutiara Marpaung Yuliana Munthe