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CONSUMER PROTECTION REGARDING ONLINE LOAN CARTELS IBNU TAIMIYAH'S PERSPECTIVE Hafiza Husna Ayub; Tetty Marlina Tarigan
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i1.48

The main problem and research is consumer protection in fintech agreements (online loans) viewed from the perspective of Ibnu Taimiyah and positive law, namely based on POJK, and looking at the extent to which consumer protection has been regulated in Islamic law and positive law. The type of research in writing this thesis uses normative legal research, with a qualitative approach and the data sources used are primary data sources and secondary data sources with data collection techniques in the form of library studies. From the research conducted by the author, it can be concluded thatIbnu Tamiyah's perspective on consumer protection regarding online loan cartels highlights the importance of justice, equality and rejection of exploitation in economic transactions. Through Islamic moral and ethical principles, Ibnu Tamiyah emphasized the need to ensure that business practices do not harm or exploit consumers, and that all parties involved in economic transactions have equal and fair access. Consumer protection from Ibnu Tamiyah's perspective also emphasizes the importance of complying with applicable laws and increasing consumer education and awareness about their rights.Existing fintech (online loan) agreements have not been able to fully protect consumer rights and obligations in accordance with existing legal regulations such as the MUI DSN Fatwa Number 117. Because currently only one regulation for sharia fintech has been used as a source. The main law is the MUI DSN Fatwa Number 117 of 2018 concerning Information Technology-Based Financing Services Based on Sharia Principles. Meanwhile, consumer protection in positive law is based on POJK Number 77 of 2016 and POJK Number 13 of 2018. The author found the fact that the OJK Regulation on Consumer Protection in the financial services sector actually provides protection and in it guarantees order, certainty and justice for consumers, but POJK only regulates one aspects of the online loan agreement, namely conventional online loans.

Tanggung Jawab Marketplace Terhadap Penjualan E-book Bajakan Perspektif Wahbah Zuhaili: Studi Kasus pada Marketplace Shopee Ade Yusrah Hasanah; Tetty Marlina Tarigan
El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam Vol. 6 No. 2 (2025): El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/elmal.v6i2.7268

Sales of pirated e-books are still found today, especially on the Shopee marketplace, which of course harms many parties. This article aims to analyze the form of marketplace responsibility for the sale of pirated e-books on the Shopee marketplace from Wahbah Zuhaili's perspective. This research uses empirical juridical research with a living case studies approach, statute approach and conceptual approach. Data was collected by interviews and document studies, then the data was processed and analyzed using qualitative methods. The results of this research show that Wahbah Zuhaili emphasizes the importance of responsibility in every aspect of muamalah, including for parties involved in buying and selling transactions on the marketplace. Shopee as a marketplace platform has a big responsibility in preventing and cracking down on the sale of pirated e-books. This responsibility includes active supervision of products sold and based on the prohibited goods policy, Shopee has taken firm action against sellers who are proven to be selling pirated e-books, such as deleting products, reducing seller's rights, blocking and suspending seller accounts. Wahbah Zuhaili's view explains that someone's copyright which is then distributed with the intention of making a profit is an injustice, and the pirate should be responsible for providing compensation or royalties to the owner of the work who has sacrificed great effort in preparing his work.

Tanggung Jawab Showroom Atas Perbaikan Kendaraan Bermotor Bergaransi Perspektif Wahbah Zuhaili: Studi Kasus Kp. Pajak Pulo Jantan Kecamatan N.A IX -X Kabupaten Labuhanbatu Utara Siti Mariah Sipahutar; Tetty Marlina Tarigan
Reslaj: Religion Education Social Laa Roiba Journal Vol. 6 No. 10 (2024): RESLAJ: Religion Education Social Laa Roiba Journal
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/reslaj.v6i10.5283

Kp. Pajak Pulo Jantan or Pajak Pulo Village, District N.A IX -X North Labuhanbatu Regency there are cases where motor vehicle SHOWROOMs do not want to claim a damaged engine warranty from their customers even though in the previous sale and purchase agreement it has been agreed. The purpose of this study is to determine the completion of business actors' responsibility for repairing motor vehicles with a warranty perspective from Wahbah Zuhaili's perspective. How is the agreement for guaranteed motor vehicle repairs at the Kp. Pajak Pulo Jantan or District NA. Xi-X North Labuhanbatu. The research method used in this study is an qualitative method to make it easier to get data and also easier to analyze the problems in this study. The results showed that the warranty claim itself according to Wahbah Az-Zuhaili must be carried out because there has been an element of tadlis in the sale and purchase of the motorcycle unit. Not only that, the obligation to carry out this warranty claim is as evidence of fulfillment of the disgrace on an item. Then the obligation order of business actors is also in line with the Consumer Protection Law so that business actors can be prosecuted for committing unlawful acts.

Penyelesaian Sengketa Tanah Rumah Pribadi Perspektif Wahbah Az-Zuhaili Tengku Khulafa Rasidin; Tetty Marlina Tarigan
El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam Vol. 6 No. 3 (2025): El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/elmal.v6i3.6355

This study aims to analyze the resolution of private residential land disputes from the perspective of Wahbah Az-Zuhaili. Land disputes often arise due to unclear ownership documents, conflicts among heirs, or boundary violations. This research employs a qualitative method with a case study approach to explore the background of disputes, resolution processes, and the application of Islamic legal principles according to Wahbah Az-Zuhaili. Data were collected through interviews, observations, and documentation from relevant parties. The findings indicate that land dispute resolution in this area is primarily conducted through family mediation and customary institutions, emphasizing principles of justice, deliberation, and avoiding prolonged conflicts. From Wahbah Az-Zuhaili's perspective, this approach aligns with maqashid sharia, aiming to safeguard property rights, minimize harm, and maintain social harmony. This study recommends strengthening Islamic legal literacy and land ownership awareness among the community to prevent future disputes.

Tanggung Jawab Marketplace Terhadap Penjualan E-book Bajakan Perspektif Wahbah Zuhaili: Studi Kasus pada Marketplace Shopee Ade Yusrah Hasanah; Tetty Marlina Tarigan
El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam Vol. 6 No. 2 (2025): El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/elmal.v6i2.7268

Sales of pirated e-books are still found today, especially on the Shopee marketplace, which of course harms many parties. This article aims to analyze the form of marketplace responsibility for the sale of pirated e-books on the Shopee marketplace from Wahbah Zuhaili's perspective. This research uses empirical juridical research with a living case studies approach, statute approach and conceptual approach. Data was collected by interviews and document studies, then the data was processed and analyzed using qualitative methods. The results of this research show that Wahbah Zuhaili emphasizes the importance of responsibility in every aspect of muamalah, including for parties involved in buying and selling transactions on the marketplace. Shopee as a marketplace platform has a big responsibility in preventing and cracking down on the sale of pirated e-books. This responsibility includes active supervision of products sold and based on the prohibited goods policy, Shopee has taken firm action against sellers who are proven to be selling pirated e-books, such as deleting products, reducing seller's rights, blocking and suspending seller accounts. Wahbah Zuhaili's view explains that someone's copyright which is then distributed with the intention of making a profit is an injustice, and the pirate should be responsible for providing compensation or royalties to the owner of the work who has sacrificed great effort in preparing his work.

Analisis Liability Protection Nasabah dalam Kasus Malfungsi Aplikasi Mobile Banking Bank Syariah Indonesia Perspektif Imam Abu Hanifah Fadlan Al Mahalli; Tetty Marlina Tarigan
El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam Vol. 6 No. 8 (2025): El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/elmal.v6i8.9691

The development of digital banking has presented new challenges in customer protection, especially related to malfunctions in mobile banking applications that have the potential to harm customers. The phenomenon of BSI Mobile system disruptions throughout 2023-2024 shows the urgency of an in-depth study of the liability protection mechanism in accordance with sharia principles. This study aims to analyze the implementation of BSI Mobile customer liability protection from the perspective of Imam Abu Hanifah's thinking. The results of the study indicate that BSI must provide protection for customer identities and contribute to the development of a digital banking customer protection model that is in line with sharia principles. Data were obtained through a documentation study of OJK consumer complaint reports, official BSI documents, and Imam Hanafi's classic literature. The analysis was carried out using the content analysis and comparative analysis methods with three stages: examining the BSI liability protection mechanism, analyzing Imam Abu Hanifah's dhaman concept, and identifying factors for the effectiveness of customer protection. This study uses a normative juridical type taken from library materials and reliable sources related to the research.

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