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Legal Protection in Sharia Securities-Based Crowdfunding: A Normative Review of Dual Regulation Noor, Afif; Ghofur, Abdul; Supangat; Fittria, Anis
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 2 (2025)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v19i2.14749

Abstract

Sharia Securities-based crowdfunding (Sharia SBC) has emerged as a novel financial innovation that integrates Islamic principles with financial technology, expanding investment access in Indonesia. However, this development has also created significant regulatory gaps and legal risks related to data protection, Sharia compliance, information asymmetry, and weak dispute resolution mechanisms. This study examines the adequacy of Indonesia’s dual regulatory model, the Financial Services Authority (OJK) and the National Sharia Council (DSN-MUI), in protecting investors and ensuring Sharia compliance in SBC. Using normative legal methods combined with comparative and policy-oriented approaches, the study identifies the lack of binding force in DSN-MUI fatwas, the limited role of the Sharia Supervisory Board, and weak enforcement of data security and disclosure standards. Comparative studies from Malaysia and Bahrain suggest that integrating Sharia audits and a centralized dispute resolution mechanism can strengthen legal certainty. These findings underscore the need for regulatory reforms to render DSN-MUI fatwas legally binding, establish a Sharia arbitration body, and mandate annual Sharia compliance audits for SBC operators. These recommendations aim to improve legal certainty, investor protection, and the integrity of Shariabased financial technology in Indonesia.
Digital Economy Regulation and Consumer Rights Protection: Realizing Security in Financial Technology Transactions Afif Noor; Ali Maskur; Dwi Wulandari; Aqila-Syarief Muhammad Afif; Muhammad Fazli Azmi
Lex Scientia Law Review Vol. 9 No. 2 (2025): November, 2025: Law, Policy, and Governance in Contemporary Socio-Economic Tran
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i2.24927

Abstract

Financial technology has experienced rapid expansion amidst the digital economic development that has made services more accessible while increasing financial inclusion. The rapid growth of financial technology creates substantial challenges for consumer protection. The primary problems arise from inadequate data protection measures and electronic payment security protocols. The lack of proper security measures and insufficient digital literacy exposes consumers to increasing risks of data theft, phishing attacks, and personal information misuse. This research evaluates the current regulatory structure that defends consumer rights and ensures secure financial operations through technological systems. The study adopts a normative legal research method through statutory analysis. The research shows that Indonesia's regulatory framework extends broad protection but requires modernization to address contemporary technological developments and emerging security risks. Fintech requires a regulatory framework that adjusts to evolving conditions while fostering partnerships to deliver adequate consumer protection.
DIGITAL GOLD IN INDONESIA: BRIDGING REGULATORY AND SHARIA GAPS Afif Noor; Supangat; Aqila-Syarief Muhammad Afif; Muhammad Fazli Azmi
Jurnal Al-Dustur Vol 9 No 1 (2026): JUNE
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v9i1.10646

Abstract

This study examines the development of digital gold in Indonesia by analyzing regulatory gaps and Sharia compliance. The primary objective of this study is to assess the extent to which the current regulatory system aligns with Islamic law standards and to address legal ambiguities that impact both market participants and Muslim consumers. This study employs a qualitative approach, utilizing normative legal analysis and a literature review of financial regulations and fiqh mu‘āmalah principles related to digital gold. Official documents, regulations issued by the Financial Services Authority (OJK), and fatwas issued by Islamic legal institutions serve as data sources. The current regulatory framework lacks adequate integration with Sharia, leading to inconsistent legal practices and unclear standards. This regulatory ambiguity is evident in the status of digital gold as a commodity or financial instrument. Furthermore, the lack of uniform standards regarding gold ownership by selling platforms, storage mechanisms, and transparency of physical gold reserves adds to the uncertainty. In the context of fiqh mu‘āmalah, this violates Sharia principles such as riba (usury), gharar (gharar), bai' al-ma'dum (risk of betting), and maisir (gambling). Without clear regulations, digital gold can be problematic from both legal and Sharia-compliant perspectives. The research demonstrates the necessity to merge positive law with Islamic legal values to establish a legally valid digital gold system that is transparent and Sharia-compliant. The study proposes that regulators, industry stakeholders, and the Sharia Supervisory Board should collaborate to establish standardized practices and regulations. The development of adaptive Sharia-compliant digital gold regulations represents a strategic approach to promoting safe and sustainable growth in digital investment in Indonesia. The findings of this study provide a strong academic foundation for examining the effectiveness of Sharia regulations and governance in digital investment products, highlighting the importance of this research in the development of Islamic finance and digital investment.
Distribution of Inheritance of Joint Property in Indonesian Legal Pluralism: Inter-Legal System Dialogue Toward a Fair Regulatory Framework Moh Arifin; Gunarto; Bambang Tri Bawono; Afif Noor; Kiki Nuriska Denhas
Contemporary Issues on Interfaith Law and Society Vol. 5 No. 1 (2026): Interfaith Dialogue and the Rule of Law
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v5i1.20525

Abstract

The distribution of inheritance of joint property in the context of succession is one of the issues requiring special attention in Indonesia's pluralistic legal system, which recognizes and applies state law, Islamic law, and customary law. This legal pluralism often results in differing interpretations regarding the status of marital joint property, the rights of the surviving spouse, and the rights of heirs, leading to legal uncertainty and social conflict. This study analyses the distribution of joint property from the perspective of Indonesian legal pluralism. It proposes a fairer regulatory framework, based on the analysis of the Kendal Religious Court Decision No. 838/Pdt.G/2023/PA.Kdl. Employing doctrinal (normative juridical) research, this study qualitatively analyzes primary and secondary legal materials grounded in legal pluralism and interlegality theory, Gustav Radbruch’s theory of the purpose of law, John Rawls’s theory of justice, and the principle of maqāṣid al-sharīʿah. The findings show that the Kendal Religious Court has applied the Compilation of Islamic Law and the Marriage Law to fulfill legal certainty; however, its legal considerations remain normatively oriented and have not optimally integrated substantive justice and the realities of life in a pluralistic legal context. This study proposes an integrative regulatory framework that harmonizes state law, Islamic law, and customary law, as well as harmonizes Islamic law with other legal systems, not as rivalrous competition but as a dialogue that safeguards the rights of all heirs. Thus, it is expected that court decisions will create legal certainty, justice, and benefits in Indonesia’s multicultural and multireligious society. 
Developing Inclusive Regulations for Muslim Disabled Entrepreneurs' Access to Sharia Fintech: Legal and Accessibility Perspectives Afif Noor; Maruf Maruf; Muhamad Zainal Mawahib; Muhammad Akmal Habib
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i1.3194

Abstract

In Indonesia, Muslim persons with disabilities (PwDs) face significant barriers in accessing financial services, including Sharia-based fintech platforms. This study aims to develop inclusive regulatory strategies to enhance their access to Sharia-compliant fintech funding. Employing a normative legal approach and conceptual analysis based on maqashid sharia, the research highlights the lack of integration between digital accessibility standards such as the Web Content Accessibility Guidelines (WCAG) and current Sharia fintech regulations. The findings propose a five-part inclusive strategy grounded in the principles of justice (al-‘adālah), facilitation (al-taysīr), and the removal of hardship (raf' al-ḥaraj): identifying accessibility needs, designing adaptive regulations, enhancing human resource capacity, integrating cross-sectoral policies, and establishing participatory monitoring and enforcement. This framework not only empowers Muslim disabled entrepreneurs within Indonesia but also holds global significance, especially for Muslim minority communities in non-Muslim countries such as China. Indonesia’s experience demonstrates that inclusive Sharia fintech regulations can be framed within universal legal and ethical values, making them adaptable to diverse socio-legal contexts. This study contributes to building a more inclusive and equitable Islamic financial ecosystem that promotes dignity, empowerment, and access for all, particularly those who are socially and economically marginalized.