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All Journal Socius: Social Sciences Research Journal Media Hukum Indonesia (MHI)
B, Baidhowi
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Kredit Pemilikan Rumah di Bank Konvensional Dan Bank Syariah Dalam Perbandingan Mekanisme Risiko Dan Keuntungan Bagi Nasabah Nugraha, Naufal Satria; B, Baidhowi
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 2, No 11 (2025): June, 2025
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15550780

Abstract

Home Ownership Credit (KPR) is one of the financing instruments offered by banks to help people own a home. In Indonesia, Home Ownership Credit (KPR) consists of conventional KPR with an interest system and sharia KPR based on contracts such as murabahah, musyarakah mutanaqisah (MMQ), and ijarah muntahia bittamlik (IMBT). This study uses a literature study method to compare the mechanisms, risks and benefits of the two KPR schemes. The results of the study show that conventional KPR is more flexible but susceptible to interest rate fluctuations, while sharia KPR is more transparent with price certainty but has a higher initial cost. The selection of a KPR scheme should be adjusted to the customer’s financial needs and preferences. 
Peran Otoritas Jasa Keuangan (OJK) Dalam Pengawasan Bank Digital Untuk Mencegah Praktik Investasi Ilegal Nugraha, Naufal Satria; Alfarizky, Hertasandho Maynaka; B, Baidhowi
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The rapid development of digital technology has driven the transformation of the financial services sector, including the emergence of digital banks. Digital banks offer convenience and efficiency but also open up opportunities for illegal investment practices that often misuse the name or platform of digital banking services. This study aims to analyze the role and effectiveness of the Financial Services Authority (OJK) in preventing illegal investment practices through digital banks. This research uses a library research method by examining literature, regulations, official reports, and case studies of illegal investments in Indonesia. The results show that OJK has implemented various supervisory measures, both through regulation and by establishing the Investment Alert Task Force (SWI). However, the effectiveness of supervision still faces challenges such as limited human resources, increasingly complex digital crime methods, and the need for more adaptive regulations. Therefore, strengthening inter-institutional synergy, improving public digital literacy, and reforming supervisory policies are crucial to ensure that the development of digital banks aligns with consumer protection and the prevention of illegal investment practices.
Analisis Hukum Syariah Terhadap Bisnis Fintech Peer-To-Peer Lending doi Indonesia Silalahi, Bob Ben Salomoan; B, Baidhowi
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The development of financial technology, particularly Peer-to-Peer (P2P) lending services, has brought significant innovation in access to financing in Indonesia. However, conventional P2P lending practices that still use interest-based systems and contain elements of uncertainty (gharar) pose challenges from an Islamic law perspective. This article aims to analyze the application of Islamic economic law principles in the fintech P2P lending business in Indonesia, examine regulations issued by the Financial Services Authority (OJK) and fatwas from the National Sharia Council of the Indonesian Ulema Council (DSN-MUI), and evaluate the challenges and opportunities in implementing sharia-compliant fintech P2P lending. The research employs a qualitative approach through literature studies from various primary and secondary sources. The findings indicate that although regulatory frameworks and sharia fatwas exist, gaps remain in operational practices, particularly regarding sharia supervision, transparency, and Islamic financial literacy. Therefore, harmonization of regulations, strengthening of Sharia Supervisory Boards, and enhancement of sharia literacy are necessary for fintech P2P lending to function as a fair, transparent, and Islamically compliant financing instrument.
Eksistensi OJK Sebagai Lembaga Surveuilance: Pembaharuan Hukum Perbankan Ulima, Ajeng; Isnugraheny, Rizqika Farah; Megawati, Zahra Ekasiwi; Fitrada, Azzahra Hifz Aldin; B, Baidhowi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15642885

Abstract

The establishment of the Financial Services Authority (OJK) in Indonesia marks an important step in the effort to strengthen banking law and financial sector supervision. This paper examines the role of the OJK as a supervisory agency in the context of Indonesian banking law, with an emphasis on its contribution to regulatory reform and consumer protection. This study uses a normative juridical approach, supported by a comprehensive literature review, to analyze the functioning of the OJK based on Law Number 21 of 2011 and its impact on banking governance. One of the OJK’s main responsibilities is overseeing compliance with sound banking practices and ensuring compliance with regulatory frameworks among financial institutions. The organization is also proactive in adapting regulations to new financial technologies, so it can address challenges arising from the rapid development of the fintech industry. Despite achieving progress, OJK still faces challenges in effective enforcement, resource allocation, and interagency collaboration. The paper concludes that although the OJK has made significant strides in improving the stability and integrity of the Indonesian banking system, additional measures are needed to strengthen its monitoring capabilities and address emerging risks. Recommendations include strengthening human resources, utilization of technology for greater efficiency, and increased public participation to ensure financial literacy. By strengthening its role as a regulator, the OJK can effectively navigate Indonesia’s complex and dynamic financial services landscape, ultimately protecting consumers’ interests and driving economic growth.
Efektivitas Pengawasan Produk Keuangan Syariah oleh Otoritas Jasa Keuangan Adhnin, Ghariza Ardhia; B, Baidhowi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Islamic finance in Indonesia is growing rapidly and contributing to financial inclusion and economic stability. The Financial Services Authority (OJK) plays a role in supervising Islamic financial products to ensure they comply with Islamic regulations and principles. However, supervision still faces challenges, such as the lack of specific regulations, minimal coordination with DSN-MUI, and low Islamic financial literacy. Improvement of regulations, strengthening coordination between institutions, and product innovation are needed so that the Islamic financial industry is more competitive and has an effective supervision system.
Peran OJK dalam Pengawasan Hukum terhadap Praktik Perbankan di Indonesia Muflikh, Alna Aulin Miftakhul; B, Baidhowi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This study discusses the role of the Financial Services Authority (FIA) in the legal supervision of banking practices in Indonesia. Following the transfer of bank supervision functions from the Bank of Indonesia to the OJK through Law Number 21 of 2011, the OJK became an independent agency holding the primary authority in supervising the activities of the financial services sector, including banking. The study highlights the challenges that the OJK faces in carrying out its functions, such as the acceleration of digital finance innovation that exceeds regulatory readiness, the lack of inter-institutional coordination such as with the Bank of Indonesia and the Deposit Guarantor Institute (LPS), as well as human resource constraints in the areas of technology and digital law. Additionally, the effectiveness of OJK’s applied risk-based supervisory approach is also evaluated, particularly in terms of law violation prevention, consumer protection, and customer loss recovery. While progress has been made in regulatory formation such as the issuance of various OJK Regulations (POJK), the study concludes that OJK legal supervision of banking still requires structural reforms, strengthening of interagency coordination, and enhancement of financial institutional capacity and adaptive responsiveness to enable more complex industrial effects
Tinjauan Hukum Islam Terhadap Praktik Investasi Syariah di Pasar Modal Togatorop, Agracecia Ebena; B, Baidhowi
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The practice of Islamic investment in the capital market, according to Islamic law, emphasizes adherence to Sharia principles, including prohibitions against riba, gharar, and maisir. In Sharia-compliant capital markets, investment products and transaction mechanisms must meet halal criteria, and profits and losses are regulated through fair profit-sharing principles. Several investment instruments, such as Sharia-compliant stocks, mutual funds, and sukuk, provide opportunities for investors to engage without violating Islamic teachings. The supervision of Sharia investments is carried out by the Sharia Supervisory Board (DPS), the Financial Services Authority (OJK), and Sharia Capital Market Experts (ASPM). However, challenges in implementing Sharia principles remain, including regulatory ambiguity, limited investment instruments, and low Sharia financial literacy. Therefore, it is essential to address these challenges to develop a more inclusive and sustainable Sharia capital market.
Analisis Unsur Riba Dalam Sistem Pembayaran Paylater Berdasarkan Perspektif Hukum Ekonomi Syariah Fitriani, Sheila Aida; B, Baidhowi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This study examines the existence of usury elements in the PayLater payment system from the perspective of Islamic economic law. PayLater services are increasingly in demand in various marketplaces because they provide convenience in transactions with an installment system without the need for a credit card. This payment method allows users to buy goods or services in advance and pay for them later with an installment scheme. However, in Islamic teachings, this system needs to be further analyzed because it has the potential to contain usury, which is prohibited in Islamic law. This study aims to evaluate whether PayLater contains usury elements and assess its compliance with the principles of the qardh contract in Islam. Using normative legal methods and a qualitative approach based on literature studies, this study examines related literature, fatwas, and regulations. The results of the study show that in practice, PayLater charges interest, late fees, and additional fees, which are categorized as jahiliyah usury. This is contrary to the principles of the qardh contract, which requires loans to be returned according to the principal amount without additional payments. Therefore, the PayLater system needs to be evaluated and adjusted so that it continues to provide convenience without violating the principles of Islamic economic law.
Perbankan Syariah Dalam Perspektif Hukum Ekonomi Syariah Tiurma P, Maria Eleos; B, Baidhowi
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

In this context, Shariah economic law has a crucial role for the running of Shariah banking. Sharia economic law itself is a collection of rules or norms derived from the Qur’an and Hadith, the purpose of which is to govern the reeconomic system of Muslims. The basic principles and especially in this law are the prohibition of usury / interest, interest / uncertainty and maysir / gambling, as well as encouraging mudharabah / sharing of profits. The research method adopted in compiling this article is literature study research method. Research is conducted by collecting, reviewing, and analyzing various written sources relevant to the researched topic. Shariah economic law is a collection of rules derived from the Qur'an, Hadith, and ijtihad of scholars, which regulates the Islamic economic system with key principles such as the prohibition of usury (interest), gharar (uncertainty), and maysir (gambling), as well as encouraging a system of sharing the results of al-Syrians in financial transactions. conventional banking by emphasizing the values of fairness and partnership in transactions.
Peran Regulasi Otoritas Jasa Keuangan Dalam Mencegah Praktik Perbankan Abusive Lending Salsabila Nisa Aprilia, Baidhowi, Yustina Dhian Novita Aprilia, Salsabila Nisa; B, Baidhowi; Novita, Yustina Dhian
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15548191

Abstract

Growth of the financial services sector The rapid growth of the financial services sector in Indonesia is also accompanied by the emergence of new challenges in banking practices, one of which is abusive lending. In banking practices, one of which is abusive lending. The practice this practice reflects a form of irregularities in the provision of credit that is carried outexploitative, non-transparent, and detrimental to customers. The Financial Services Authority (OJK). Financial Services Authority (OJK) as an independent institution tasked with regulating and supervising the financial services sector plays a strategic role in preventing and dealing with abusive lending the financial services sector plays a strategic role in preventing and addressing such practices this practice. This study aims to examine the role of regulations issued by OJK in preventing regulations issued by OJK in preventing abusive lending as well as evaluating the effectiveness of its implementation in practice. The method used is the normative juridical approach with descriptive-qualitative analysis techniques based on the review of laws and regulations, OJK policies, and relevant scientific literature relevant scientific literature. The results showed that OJK has issued a number of important regulations, such as POJK No. 1/POJK.07/2013, POJK No. 6/POJK.03/2015, and POJK No. 18/POJK.03/2015. POJK No. 18/POJK.03/2016, which regulates the principles of transparency, consumer protection, and risk management in lending protection, and risk management in lending. Nonetheless, implementation of these regulations still faces serious challenges, such as weak supervision of market behavior, low public financial literacy, and limited capacity for technology-based supervision.
Co-Authors Abdurrahman, Harits Adhnin, Ghariza Ardhia Aini, Ailia Nur Alfarizky, Hertasandho Maynaka Amilia, Putri Villa Aprilia, Salsabila Nisa Fauziah, Rachmah Fitrada, Azzahra Hifz Aldin Fitriani, Sheila Aida Girsang, Rachel Isnugraheny, Rizqika Farah Margaretha, Rotua Megawati, Zahra Ekasiwi Muflikh, Alna Aulin Miftakhul Novita, Yustina Dhian Nugraha, Naufal Satria Nur Hidayah Purba S, Yevanya Sagita Putri, Amelia Juliana Rosita, Dita Puspa Safira, Sofia Nur Is Sasra, Adelia Dara Sativa, Adisty Silalahi, Bob Ben Salomoan Siti Susilawati, Siti Syafri, Muhammad Irvan Tiurma P, Maria Eleos Togatorop, Agracecia Ebena Ulima, Ajeng Yoesvizar, Salsabila Amalia Putri