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All Journal Politika Progresif : Jurnal Hukum, Politik dan Humaniora Custodia: Journal of Legal, Political, and Humanistic Inquiry
Diandra Nazira Anshar
Unknown Affiliation
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Peran Dan Tantangan Kekuasaan Kehakiman di Indonesia Nazjwa Fatharani; Fikri Al -Zalmmi; Zaky Fauzi; Diandra Nazira Anshar
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 2 (2024): Juni : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i2.342

Abstract

Law plays an important role in authority because it serves as a mechanism to legitimize public institutions and government institutions. Judicial power, which is part of state power, must have independence because only through independence can it control and limit legislative and executive power. In this case, independent judges can legally determine whether government actions to protect human rights are appropriate or not. This research uses normative juridical, which is an approach that focuses on legal provisions and legislation. This research approach uses analytical description to clarify the legal issues being discussed. This research uses primary data consisting of legal data in the form of judicial power legislation, coupled with secondary legal data in the form of books, journals, articles and others. The result of this research is that judicial power itself still has challenges that can occur, one of which is the intervention by internal and external judges themselves because of the elemental content of interests and power politics. Another factor is the poor and degraded morality of judges so that they can be bought and bribed by litigants, resulting in a decision that is not based on justice. This is certainly contrary to our constitution, namely the 1945 Constitution and the Constitution of the Republic of Indonesia.
Legal Liability in Sharia Fintech: A Study of Default in Peer-to-Peer Lending Schemes Faradilla Kurnia Asyifa; Diandra Nazira Anshar; Baidhowi, Baidhowi
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/v06mcz76

Abstract

This study examines the legal liability of Sharia fintech providers in peer-to-peer lending schemes, focusing on default risks within the framework of Indonesian financial regulations and Islamic legal principles. Using a normative juridical approach, the research analyzes statutory provisions, doctrinal theories, and Sharia principles governing financial transactions. The findings reveal that fintech providers cannot be positioned merely as passive intermediaries, as regulatory frameworks such as POJK No. 10/POJK.05/2022 and the Consumer Protection Law impose professional obligations related to risk management, transparency, and accountability. The persistence of standard clauses transferring all risks to lenders demonstrates a structural imbalance that contradicts both positive law and Sharia principles, particularly those emphasizing justice, trust, and proportional risk sharing. Default is therefore not solely a business risk but may generate legal consequences when negligence is identified. This study proposes a reconstruction of liability through the integration of kafalah and takaful mechanisms alongside a risk-based liability approach, offering a more balanced and ethically grounded model of protection for lenders in Sharia fintech ecosystems.  
Co-Authors Baidhowi Baidhowi, Baidhowi Faradilla Kurnia Asyifa Fikri Al -Zalmmi Nazjwa Fatharani Zaky Fauzi