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All Journal Diponegoro Law Review INTERNATIONAL JOURNAL OF RESEARCH IN LAW, ECONOMIC AND SOCIAL SCIENCES
Karni, Asrori S.
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Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGAL PROTECTION ISSUE IN THE MINORITY RELIGION OF THE NON-GREATEST SIX Karni, Asrori S.
INTERNATIONAL JOURNAL OF RESEARCH IN LAW, ECONOMIC AND SOCIAL SCIENCES Vol 1, No 2 (2019)
Publisher : Faculty of Law Universitas Panca Bhakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32501/injuriless.v1i2.124

Abstract

Adherents of minority religions outside the greatest six religions was still had to face the uncertainty from the state in religious rights service and legal protection. It was started from the right to obtain permission to build a synogogue, religious education rights, marriage registration, birth certificate, put the religion identity in official document column, and so on. The fundamental problem was a flurry of religious recognition concept by the state. There were some opportunities for short and long term breakthrough solutions need to be explored.
NAVIGATING FATWA-TO-REGULATION TRANSFORMATION IN ISLAMIC FINANCE: CHALLENGES AND INNOVATIONS POST-OMNIBUS LAW 2023 Karni, Asrori S.; Setyowati, Ro’fah; Sa'adah, Nabitatus; Adzkia, Maula Azharil
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025 (in progress)
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.157-172

Abstract

The transformation of fatwas into regulations in the financial sector has been widely studied, but there is a lack of analysis on the dynamics following the 2023 Omnibus Law, particularly regarding the implementation of DSN-MUI Fatwa No. 153/2022 on Early Settlement of Murabahah Debt. This study addresses this research gap by employing a normative legal approach, supplemented by empirical observations at two Islamic financing institutions. The findings reveal that, although the fatwa has been disseminated through three annual forums and incorporated into OJK (Financial Services Authority) guidelines, it has yet to attain legal finality as a binding regulation. The first institution continues to follow the earlier fatwa, citing insufficient legal certainty in the new regulation, and maintains a non-discounted early repayment model. In contrast, the second institution, which has long provided early settlement discounts, finds the OJK guideline’s calculation formula commercially inequitable. As a result, they developed an alternative simulation model to remain Sharia-compliant while ensuring business competitiveness. The novelty of this research lies in its exploration of on-the-ground regulatory interactions and its proposal for a legal codification framework based on feedback from industry stakeholders. This study recommends a more flexible and adaptive model for the fatwa-to-regulation transformation, attuned to operational realities. A sustained tripartite dialogue between fatwa authorities, regulators, and industry players is crucial to navigating field complexities and ensuring that regulations uphold Sharia principles while fostering sustainable business practices.
Co-Authors Adzkia, Maula Azharil Sa'adah, Nabitatus Setyowati, Ro’fah