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Hak Asasi Manusia Dalam Konstitusi Indonesia: Implementasi Dan Tantangan Raisa Qolbina Ibrizzahra; Dzikri Maula Salam; Tabhita Prima Isnaeni; Putri Sahara Herlina
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 4 (2024): July : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i4.325

Abstract

Human rights are the rights of every person, regardless of religion, race, ethnic origin, gender, sexual orientation, or social class. These rights are derived from human dignity created by God Almighty. The state, law, government and society must respect, support and protect human rights. The constitution is a civil agreement or consensus of the people that has provisions to control and guide state leaders in carrying out their duties and responsibilities, so that national leaders have a compass to know the direction and goals agreed upon in the hands of the people and the constitution. This research uses descriptive research, which is a research process to determine the value of one or more variables concerned. The results of this research show that there are many human rights challenges in Indonesia, such as discrimination is still a problem that affects the lives of many people. Discrimination can occur in various areas, such as education, healthcare, and employment. Among the many groups that face discrimination in Indonesia are ethnic minority groups and women.
Revisiting Digital Gold Ownership from An Islamic Economics Perspective Under Fatwa NO. 166/DSN-MUI/II/2026 Dzikri Maula Salam; Baidhowi
ADILLA : Jurnal Ilmiah Ekonomi Syari'ah Vol. 9 No. 2 (2026): Juli
Publisher : Universitas Islam Darul 'ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/adilla.v9i2.13061

Abstract

Digital gold has emerged as a technologically mediated investment instrument that converts gold ownership into electronic balances, platform records, or tokenized claims. This article revisits digital gold ownership from an Islamic economics perspective under DSN-MUI Fatwa No. 166/DSN-MUI/II/2026 concerning bullion business activities based on Sharia principles. The study employs normative qualitative legal-economic research using content analysis of the fatwa, supported by recent international journal literature on gold, digital assets, Islamic fintech, Sharia governance, and investor protection. The findings show that digital gold can be treated as a Sharia-compliant economic instrument only when it represents real, standardized, segregated, and auditable physical gold; when ownership reaches al-milk al-tam or legally enforceable complete ownership; when handover occurs through physical qabd or recognized constructive possession (qabd hukmi); and when the contractual architecture avoids riba, gharar, maysir, tadlis, and dharar. The discussion argues that the central issue is not the digital form itself, but the economic substance of ownership, asset-backing, contract certainty, custody, and market conduct. The article proposes an Islamic economics compliance matrix covering underlying assets, ownership, delivery, contract choice, custody, transparency, risk control, consumer protection, and dispute resolution. Digital gold is therefore permissible as a bullion-related innovation when it strengthens lawful wealth preservation, financial inclusion, and market transparency, but it becomes problematic when it merely creates speculative digital exposure detached from real gold or when platform records cannot be redeemed, audited, or legally enforced.
The Dynamics of Sharia Compliance in Fintech Lending: Between Innovation and the Prohibition of Usury Dzikri Maula Salam; Tabhita Prima Isnaeni; Baidhowi Baidhowi
Anthroposia: Journal of Social and Human Development Vol. 1 No. 2 (2026): June: Anthroposia: Journal of Social and Human Development
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/nc1dt213

Abstract

This study examines the dynamics of Sharia compliance in fintech lending within the context of digital financial innovation and the prohibition of usury. The research employs a non empirical normative legal approach based on the analysis of statutory regulations, Shari'ah standards, fatwas, and scholarly literature relevant to Islamic finance and fintech governance. The analytical framework integrates Islamic legal theory, Sharia compliance principles, and contemporary fintech governance to evaluate the compatibility of digital lending practices with Islamic commercial law. The findings indicate that Sharia fintech lending possesses a strong normative foundation through Qur'anic commercial principles, AAOIFI standards, national legislation, and Sharia regulatory instruments. Nevertheless, challenges remain in regulatory harmonization, governance effectiveness, compliance auditing, contractual standardization, and supervisory mechanisms. The study further identifies the growing relevance of technological innovations such as smart contracts, digital verification systems, open banking, and artificial intelligence based compliance monitoring in strengthening Sharia governance. Evaluated through the perspective of Maqasid al Shariah, these innovations can enhance transparency, accountability, consumer protection, and institutional sustainability. The study proposes an integrated governance model that balances technological advancement with substantive adherence to Islamic legal principles, thereby supporting the long term development of a credible and sustainable Sharia fintech ecosystem.