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All Journal Jurnal Ilmiah Universitas Batanghari Jambi Tazkiya: Jurnal Pendidikan Islam Unes Law Review Journal of Gender and Social Inclusion in Muslim Societies Journal Equity of Law and Governance Proceeding International Seminar of Islamic Studies Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) IIJSE Causa: Jurnal Hukum dan Kewarganegaraan El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam RESLAJ: Religion Education Social Laa Roiba Journal Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga Journal of International Islamic Law, Human Right and Public Policy Yuriska : Jurnal Ilmiah Hukum
Tetty Marlina Tarigan
Universitas Islam Negeri Sumatera Utara, Indonesia
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Astronomy Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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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

Abstract

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

Abstract

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.
Co-Authors Achmad Noerkhaerin Putra Ade Yusrah Hasanah Aida Yunita Alwi Setiawati Angraini Amalia Nurzannah Catur Aldiansyah Devi Amalia Putri Hasibuan Dinda Febrianti Santoso Diva Genefa Andini Hrp Fadlan Al Mahalli Fatimah Panggabean Hafiza Husna Ayub Indra Gunawan Iqbal Yudha Pratama Isnanda Ayu Misriyah M. Yuda Mahmud Almizan Daulay Meilisa Naiborhu Melin Manik Nurlatifah Manurung Putri Azri Sipahutar Rahima Husna Risalah Adha Harahap Siti Hajar Arifah Tengku Khulafa Rasidin Zainuddin Hasibuan