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Legal Analysis of Non-Halal Funds from P2P Investors in The Sharia Fintech Industry According to POJK Number 77 of 2016 Yulya Yulya; Lukmanul Hakim
Proceeding ISETH (International Summit on Science, Technology, and Humanity) 2025: Proceeding ISETH (International Summit on Science, Technology, and Humanity)
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

This study is motivated by the strict provisions in Financial Services Authority Regulation (POJK) Number 77 of 2016 regarding the requirement for the halal status of investor funds on sharia fintech platforms. This condition creates a legal gap between positive law and sharia principles, which could threaten the integrity and public trust in the sharia financial industry. The main issue of this study is how to conduct a juridical analysis of non-halal funds from P2P investors in the Islamic fintech industry according to POJK Number 77 of 2016 and its implications for Islamic law. The methodology used is a normative (doctrinal) legal study with a legislative, conceptual, and Islamic fatwa approach. Data was collected through a literature survey on legislation, DSN-MUI fatwas, and Islamic economic law literature. Analysis was conducted to identify relationships and gaps using teleological, methodical, and grammatical interpretations between POJK 77/2016 and Islamic legal principles. The results of the study show that POJK 77 of 2016 does not explicitly regulate the halal status of investor funds in sharia fintech, thus potentially violating sharia principles, such as the prohibition of riba, gharar, and maysir. This disharmony causes legal uncertainty and can invalidate sharia financing agreements. This study recommends the establishment of specific regulations for sharia fintech that integrate DSN-MUI provisions, require verification of investor funds, and strengthen the role of the Sharia Supervisory Board (DPS). Thus, the Islamic fintech system in Indonesia can operate legally, ethically, and in accordance with the principles of Islamic maqashid.
The Influence of Understanding DSN-MUI Fatwa No. 116/DSN MUI/IX/2017 on the Implementation of Sharf Contracts in Sharia Electronic Money Widya Rahmawati; Lukmanul Hakim
Proceeding ISETH (International Summit on Science, Technology, and Humanity) 2025: Proceeding ISETH (International Summit on Science, Technology, and Humanity)
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

This study aims to analyze the effect of understanding DSN-MUI Fatwa No. 116/DSN-MUI/IX/2017 on the implementation of sharf contracts in sharia electronic money services. The fatwa emphasizes the importance of the principle of taqabudh and the prohibition of riba in currency exchange transactions, including in the digital context. This study uses a quantitative approach with a survey technique on 56 respondents who use sharia electronic money services. The research instrument was tested for validity and reliability, with results showing that all statement items were valid and reliable. Normality and simple linear regression tests showed that the data were normally distributed and that there was a significant positive effect between understanding of the fatwa and the implementation of the sharf contract. These results reinforce the theory that a good understanding of sharia plays a role in increasing compliance with the principles of digital sharia transactions. The implications of this study encourage the strengthening of education on the principles of digital muamalah fiqh through DSN-MUI fatwas as a basis for the development of a sharia electronic money system.