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All Journal Jurnal Hukum IUS QUIA IUSTUM SERAMBI: Jurnal Ekonomi Manajemen dan Bisnis Islam JIPRO : Journal Of Intellectual Property Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Baity, Sheila Noor
Unknown Affiliation
Religion Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Perlindungan Nasabah Terhadap Klausula Eksonerasi Dalam Akad Pembiayaan Murabahah Dalam Perspektif Hukum Islam Dan Hukum Positif Maulana, Anaia Gaizka; Priyatama, Alwan Brilliant; Nugroho, Krisna Akbar; Triyanta, Agus; Baity, Sheila Noor
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 4 JULI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

An exoneration clause in a murabaha financing agreement that exempts Islamic financing institutions from responsibility for losses arising from a transaction. To ensure clarity and legal protection, the agreement in murabaha financing transactions is used as a formal tool. However, some business actors have misused this agreement by including a risk transfer clause to the customer to obtain greater profits. This paper aims to review and analyze the validity and legal protection of the inclusion of such clauses in murabaha financing agreements. The research is conducted normatively with the approach of legislation, positive law theory, Al-Quran, Hadith and Fiqh. The results of the analysis show that according to positive law, including Islamic Law and Law No. 8 of 1999 concerning Consumer Protection, the clause transferring the responsibility of the Business Actor to the Customer in the murabaha financing agreement is declared null and void. The responsibility for the risk is legally borne by The Business Actor. As a result, the murabahah financing agreement is considered invalid from the start and cannot be used to transfer ownership rights. The law governing this agreement is based on the principle of Lex Specialis Derogat Legi Generali, where Islamic Law has more specific power than the General Provisions of Civil Law.
Ensuring the credibility and sharia compliance of sovereign green sukuk to achieve net zero emissions in Indonesia Baity, Sheila Noor; Rachmiati Poetri, Titie
SERAMBI: Jurnal Ekonomi Manajemen dan Bisnis Islam Vol 7 No 3 (2025)
Publisher : LPMP Imperium

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36407/serambi.v7i3.1683

Abstract

This study examines how the government maintains green sukuk credibility through POJK 18/2023, the SDGs Government Securities Framework, and the alignment of issuance and reporting with Sharia principles. A qualitative-descriptive approach was applied, using data from interviews, observations, and document analysis. Findings reveal that while sustainable finance regulations and frameworks exist, gaps remain in ensuring transparency and the use of objective indicators. There is also a lack of standardized Sharia guidelines concerning substantive compliance, resulting in a formalistic focus on akad. OJK and Sharia Supervisory Boards (DPS) should strengthen oversight during issuance and post-issuance, particularly in reviewing the prospectus and impact reports. This study emphasizes the need for stricter sanctions, transparency on the methods of project selection and impact reporting, and the integration of al-Ḍarar Yuzāl and Maṣlaḥah principles to ensure green sukuk are not only legal but also ethical and impactful. Public interest statements This study explores how government regulations and Sharia (Islamic law) principles are used to maintain the credibility of green sukuk. It also highlights concerns about greenwashing, where projects claim to be “green” without real impact. The findings call for stronger oversight, penalties, clear reporting standards, and ethical guidelines to ensure that public funds contribute to meaningful environmental and social impact. This research matters because it connects the concept of sharia with sustainability in ways that impact the development of sustainable financing in Indonesia.
Ensuring Food Security in Indonesia: The Urgent Need for Food Loss and Waste Regulation Baity, Sheila Noor; Afinnas, Muhamad Agil Aufa
Jurnal Hukum IUS QUIA IUSTUM Vol. 32 No. 2: MEI 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol32.iss2.art6

Abstract

The phenomenon of Food Loss and Waste (FLW) is a problem with serious impacts on environmental, economic, and social aspects. This research aims to analyze the normative issues surrounding FLW in Indonesia in accordance with the mandate of Article 27 and 28H(1) of the 1945 Constitution, while also offering prescriptions on how Indonesian law should address the FLW issue. This research is a normative legal research, using a conceptual and comparative approach. The comparative approach involves analyzing legal systems in three jurisdictions: Europe, America, and Asia. Furthermore, the concept of smart regulation is used as a perspective to prescribe effective FLW regulations in Indonesia. The findings of this research show that Indonesia has demonstrated awareness of FLW through the National Food waste Agency (NFA), the legal draft on FLW and the revision of Food law in progress. However, the absence of specific regulations on FLW proves to be counterproductive to the current government priorities. Secondly, to address the FLW issue, a combination of Command and Control (CaC) instruments, economic instruments, and educational and informational strategies is highly recommended. Integrating these three instruments is expected to encourage all stakeholders—including the government, business actors, and the community—to contribute to solving the FLW problem. This recommendation is also supported by an analysis of FLW regulations in Europe, America, and Asia, which reveals that a combination of Command and Control (CaC) mechanisms, economic instruments, and education can effectively reduce FLW in these regions.
HARMONISASI DIRECT LICENSING DAN COLLECTIVE LICENSING ATAS PERFORMING RIGHTS DI INDONESIA Baity, Sheila Noor; Rakhmawati, Catur Septiana
JIPRO: Journal of Intellectual Property JIPRO, Vol. 8, No.2, 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/jipro.vol8.iss2.art5

Abstract

This study aims to address two legal issues: First, the weaknesses in the Copyright Law and its implementing regulations regarding the application of direct licensing—particularly for performing rights—with a focus on the subjects, licensing system, and the role of Collective Management Organizations (LMK) and the National Collective Management Organization (LMKN). Second, efforts to harmonize the regulation of direct and collective licensing in Indonesia by comparing the legal frameworks for direct licensing in the United States and Australia. This is a normative legal study that relies on secondary data and employs qualitative analysis. The findings reveal that the regulatory weaknesses in Indonesia concerning direct licensing include the unclear identification of royalty recipients, the absence of a recognized licensing system, and the provisions governing LMKN and LMK under the Government Regulation on Royalties (PP Royalti), which effectively nullify the right to direct licensing as stipulated in the Copyright Law. This study proposes several recommendations for harmonizing the regulation of direct and collective licensing in Indonesia: First, clarifying the legal subjects entitled to royalties in the Copyright Law by clearly defining the terms “any person” and “user.” Second, harmonizing relevant regulations, particularly Government Regulation No. 56 of 2021. Third, improving the role of LMKN either as a regulator and mediator or by delegating its implementation to the Directorate General of Intellectual Property (DJKI).
Co-Authors Agus Triyanta Maulana, Anaia Gaizka Muhamad Agil aufa Afinnas Nugroho, Krisna Akbar Priyatama, Alwan Brilliant Rachmiati Poetri, Titie Rakhmawati, Catur Septiana