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All Journal JOURNAL EQUITABLE Jurnal El-Thawalib Jurnal El-Thawalib
Utomo, Damar Sugeng
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Religion Law, Crime, Criminology & Criminal Justice

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POTENSI INTEGRASI PRINSIP UTMOST GOOD FAITH DAN PRINSIP SHIDDIQ MENGGUNAKAN ARTIFICIAL INTELLIGENCE Utomo, Damar Sugeng
JOURNAL EQUITABLE Vol 10 No 2 (2025)
Publisher : LPPM, Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v10i2.8512

Abstract

Utmost good faith principle in indonesia is often associated with good faith principle of the parties. In fact, good faith is an intention that is necessarily visible. Not only that, in Islam also known muamalah principle named shiddiq or honesty based on Quran. Both of this principle are often violated by insured which result in the cancellation of the insurance agreement. As one of many solution, insurance business actor can use artificial intelligence which able to process data more accurate and provide recommendations based on thousands or even millions of data available or provided as a source of processing. With the existence of such artificial intelligence, it is hoped to encourage the honesty of the insured parties so that sharia insurance contract are truly implemented based on consent of the parties, and still prioritize Islamic convey of truth, bot visible and what is not visible yet. This research examines the possibility of using artificial intelligence to check the honesty of the insured. This research was conducted using normative legal research methods. In this research, it was found that artificial intelligence can be used by insurance companies to get input so that they can measure the honesty and openness conveyed by the insured in sharia insurance, even though the final decision is still made by humans.
The Ombudsman and Access to Justice in the Financial Sector from an Islamic Perspective Utomo, Damar Sugeng
Jurnal El-Thawalib Vol 7, No 1 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i1.18939

Abstract

Access to justice for consumers in the financial sector is crucial. Beyond simply resolving problems, access to justice emphasizes that the government and authorized institutions should not act arbitrarily. In Islamic civilization, a concept known as Wilayatul Mazhalim has similar meaning to the Ombudsman. Furthermore, history explains that the establishment of the first Ombudsman in Sweden was inspired by the rapidly developing Islamic civilization in Turkey at that time. This is normative juridical research with a qualitative approach, resulting in recommendations for changing the wording of regulations. Primary data were obtained from observation by the researchers during 2022 to 2024, and secondary data sources included laws, presidential decrees, and Financial Service Authority regulations. The data collection techniques were observation and documentation studies. The analysis was conducted narratively by providing definitions in advance. As a result, the Ombudsman that is unable to examine institutions entrusted with dispute resolution transfers on the grounds that such institutions do not receive funding from the State Budget (APBN) or Regional Budgets (APBD) creates an entry barrier and limits access to justice. Such situation differs from the Islamic perspective, which recognizes the rights of individuals to seek and obtain their right without obstruction.
The Ombudsman and Access to Justice in the Financial Sector from an Islamic Perspective Utomo, Damar Sugeng
Jurnal El-Thawalib Vol 7, No 1 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i1.18939

Abstract

Access to justice for consumers in the financial sector is crucial. Beyond simply resolving problems, access to justice emphasizes that the government and authorized institutions should not act arbitrarily. In Islamic civilization, a concept known as Wilayatul Mazhalim has similar meaning to the Ombudsman. Furthermore, history explains that the establishment of the first Ombudsman in Sweden was inspired by the rapidly developing Islamic civilization in Turkey at that time. This is normative juridical research with a qualitative approach, resulting in recommendations for changing the wording of regulations. Primary data were obtained from observation by the researchers during 2022 to 2024, and secondary data sources included laws, presidential decrees, and Financial Service Authority regulations. The data collection techniques were observation and documentation studies. The analysis was conducted narratively by providing definitions in advance. As a result, the Ombudsman that is unable to examine institutions entrusted with dispute resolution transfers on the grounds that such institutions do not receive funding from the State Budget (APBN) or Regional Budgets (APBD) creates an entry barrier and limits access to justice. Such situation differs from the Islamic perspective, which recognizes the rights of individuals to seek and obtain their right without obstruction.
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