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All Journal Jurnal Hukum Saraswati Jurnal Adijaya Multidisiplin Indonesian Journal of Law and Justice Causa: Jurnal Hukum dan Kewarganegaraan Jurnal Media Akademik (JMA) JURNAL MULTIDISIPLIN ILMU AKADEMIK Al Urwah : Sharia Economics Journal Jurnal Riset Multidisiplin Edukasi Tadhkirah: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah Ekopedia: Jurnal Ilmiah Ekonomi Jejak digital: Jurnal Ilmiah Multidisiplin Jurnal Miftahul Ilmi: Jurnal Pendidikan Agama Islam META - JOURNAL Law Research Review Quarterly Journal of Literature Review Jurnal Publikasi Ekonomi dan Akuntansi Jurnal Riksa Cendikia Nusantara
Baidhowi
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Astronomy Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Medicine & Pharmacology Public Health Social Sciences Other

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Disharmony in Supervision of OJK–DSN-MUI in Implementation of the Murabahah Fatwa Anisa Prabowo; Fiana Suryaningtyas Wibowo; Nadia Rizqa Setyaningrum; Baidhowi
Al Urwah : Sharia Economics Journal Vol. 2 No. 3 (2025): Al Urwah : Sharia Economics Journal
Publisher : Takaza Innovatix Labs Ltd.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61536/alurwah.v2i3.482

Abstract

The murabahah fatwa is the primary guideline for ensuring compliance of Islamic financial institutions' practices with sharia principles. However, its implementation in Indonesia still faces challenges in the form of disharmonious supervision between the Financial Services Authority (OJK) and the National Sharia Council–Indonesian Ulema Council (DSN-MUI). This difference in authority and oversight mechanisms has the potential to lead to inconsistent fatwa implementation in practice. This study aims to analyze this disharmony and its implications for sharia compliance. The method used is normative juridical with a statutory and conceptual approach. The results indicate that weak coordination and lack of integrated supervision have resulted in suboptimal implementation of the murabahah fatwa, potentially leading to deviations from sharia principles. Therefore, strengthening synchronized supervision is necessary to ensure more effective sharia compliance.
Analysis of Sharia Economic Law on the Digital Consumptive Credit Model: the Potential of Usury in Buy Now Pay Later Antika Yuni Arsita; Shofiah Nur Hikmah; Dwi Liza Salsabila; Katon Adin Novaga; Baidhowi
Al Urwah : Sharia Economics Journal Vol. 2 No. 3 (2025): Al Urwah : Sharia Economics Journal
Publisher : Takaza Innovatix Labs Ltd.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61536/alurwah.v2i3.486

Abstract

Advances in digital technology are currently driving the birth of a buy-now pay later-based digital financing model that is increasingly popular in people's consumptive transactions. This scheme offers easy access to financing without a credit card but through a payment deferral mechanism with an additional fee. However, from the perspective of sharia economic law, this practice raises juridical problems related to the potential for usury, especially in the aspect of adding value required for the suspension of payment. This research was conducted using a normative juridical method with a legislative and conceptual approach. The purpose of this study is to analyze and find out whether the financing mechanism in the buy now pay later scheme substantively represents the practice of riba that is prohibited in sharia economic law. In addition, this study also aims to examine how the perspective of Islamic economic law on the transformation of digital consumptive credit based on buy now pay later in the context of financial technology developments. The results of the study show that the buy now pay later scheme does provide easy access to credit for consumers. However, in practice, there is still a potential for elements of riba and gharar that are not in accordance with the principles of sharia economic law. Some buy now pay later platforms have been proven to impose interest and late fines that are substantially contrary to the principle of the qardh contract. Therefore, based on the perspective of sharia economic law, the buy now pay later mechanism needs to be reviewed and adjusted to better reflect the principles of transparency, fairness and balance of the parties so that it can meet sharia compliance standards..
The Evidentiary Power of BPOM's Digital Supervision of Illegal Cosmetic Products in Civil Justice Practice Ranma ma; Baidhowi
Law Research Review Quarterly Vol. 12 No. 5 (2026): Special Edition Part 1
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i5.47628

Abstract

This study aims to analyze the digital supervision mechanism carried out by the Food and Drug Supervisory Agency (BPOM), as well as to assess how effective the proof of digital data made by the civil justice process is. As part of empirical juridics, this study uses a study of laws and regulations and interviews with judges and BPOM officials. The results of the study showed that cyber patrols, link takedown requests, and account profiling were used to identify perpetrators and distribution networks. The resulting digital data includes the classification of the breach, the identity of the account, screenshots, URLs, and metadata recorded in the internal electronic system. Based on Law Number 11 of 2008 concerning Electronic Information and Transactions, and its amendments, the data must meet the requirements for validity as electronic evidence. However, its strength in civil justice practice relies heavily on proving that the data is true, consistent, and relevant, as well as judges' beliefs in a mixed evidentiary system. To improve legal certainty and consistency of decisions, this study suggests the establishment of technical guidelines for strengthening digital forensic capacity and electronic evidence.
Maintaining Value, Welcoming Innovation: Challenges and Reconstruction of Sharia Economic Law in the Development of Sharia Fintech in Indonesia Genta Buana Arfianto Putra; Ibrahim Nanda Pratama; Erenz Erico; Rindingpadang; Prima Raharja Mulyana; Baidhowi
Al Urwah : Sharia Economics Journal Vol. 2 No. 3 (2025): Al Urwah : Sharia Economics Journal
Publisher : Takaza Innovatix Labs Ltd.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61536/alurwah.v2i3.487

Abstract

The development of digital technology has transformed the global financial system, including the sharia economic ecosystem in Indonesia. The emergence of sharia financial technology (fintech) presents both an opportunity and a challenge for sharia economic law to remain relevant without abandoning its fundamental values. On the one hand, digital innovation opens broader and more inclusive access to financing; on the other hand, issues arise regarding sharia compliance, legal certainty, and regulatory harmonization between fatwas and laws and regulations. This article aims to analyze how sharia economic law adapts to the development of sharia fintech and assess the conformity of regulations issued by the Financial Services Authority (OJK) with sharia principles as stipulated by the National Sharia Council of the Indonesian Ulema Council (MUI). This research uses a normative juridical method with a statutory and conceptual approach. The results of the study indicate that normatively, sharia fintech regulations in Indonesia have accommodated basic principles such as the prohibition of usury (riba), gharar (gharar), and maysir (gambling). However, challenges remain in the interpretation of digital contracts, technology-based supervision, and responding to rapidly evolving innovations. Therefore, a reconstruction of Islamic economic law is needed that is not only oriented towards formal compliance but also adheres to the maqasid of sharia, the spirit of the Islamic economic system.
Co-Authors Adilano, Abyan Amelia Pingkan Nur Fitriana Anggitamarta Ratih Nugrahani Anisa Prabowo Antika Yuni Arsita Ayu Fitri Hapsari Ayuk Pebriyani Azzahra, Aulia Beatrice Mauren Delicia Bunga Nirvana Cahyani, Adinda Intan Dea Risti Aulia Dwi Liza Salsabila Eka Imroatun Khasanah Ekawahyuni, Nur Aini Erenz Erico Ervansyah, Muhammad Azriel Ester Aprilia Diyan Sari Faliha, Nafiza Salsabila Farras Eknu Albin Fathurrohman Nur Hidayat Ferita Maharani Fiana Suryaningtyas Wibowo Fifi Tri Ariani Firdha Apriliana Zahra Genta Buana Arfianto Putra Hanifah, Aniqah Hilda Fridatul Jannah Ibrahim Nanda Pratama Irma Juliana Zahwa Ismail, Zakiya Az Zikra Jannata, Salsabila Jelita Tibyana Shidqy Jesiana Naisela Putri Kanaia Brahmantia Hermanu Katon Adin Novaga Kurniawan, Alia Herawati Kurniawan, Reggiene Louisa Grace Gloria Hutagaol Manalu, Keren Maulana Habibie Yahya Mella Amanda Nuraini Muhammad Fathurrahman Muhammad Rizky Firdaus Syahputra Nadia Rizqa Setyaningrum Naila Praba Kirana Nathania, Nanda Riesta Nawa Udlma Aizama Nazwa Angrraeni Nia Malvin Faradila Nuraeni, Verlita Nurul Raudatul Auliah Pasaribu, Agnes Octavia Margaretha Prima Raharja Mulyana Putri, Sherenika Ranma ma Rendy Aprilio Sulaiman Restu Dimas Surya Pradipta Rikki Jitu Saputra Rindingpadang Risqi Budi Santoso Romauli Yohana Sinaga Ruth Shelomita Lumban Tobing Shafira Ramadhani Shely Nayla Putri Shofiah Nur Hikmah Tania Pakpahan Umala, Moh Vinita, Kezia Rona Widyasputri, Viesta Tya Amanda Wulandari, Arlenne Devillya Yonanda, Intan Zahara, Fuzia