Claim Missing Document
Check
Articles

Found 2 Documents
Search

Concept of Establishing a Legal Entity for Tabarru’ Funds as a Stakeholder Representative of Sharia Insurance Participants Afifullah, Muhamad; Winanti, Atik; Wati, Diani Sadia
Journal of Modern Islamic Studies and Civilization Том 3 № 02 (2025): Journal of Modern Islamic Studies and Civilization
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jmisc.v3i02.1605

Abstract

This study explores establishing a legal entity as a representative body for participants in Islamic insurance, in light of current Indonesian regulations and the fatwas and guidelines issued by the National Sharia Board of the Indonesian Council of Ulama (DSN-MUI). Using a normative juridical method with statutory, comparative, and conceptual approaches, this research draws on primary legal materials—including statutory laws and DSN-MUI fatwas—and secondary sources such as scholarly literature and credible legal documents. The proposed legal entity aims to represent the collective ownership of Islamic insurance participants. It suggests forming an internal body comprised of participant representatives from various regions, modeled after the Badan Perwakilan Anggota (Member Representative Body) in mutual insurance. This initiative is intended to enhance participant rights and address conflicts of interest arising from Islamic insurance companies' dual role as both fund managers and supervisors. Despite its potential, forming such an internal legal body faces practical and legal obstacles, including financing issues, representative selection criteria, operational efficiency, and the absence of specific regulatory support. Furthermore, the existing authority of the Sharia Supervisory Board (DPS) is limited to Sharia compliance oversight. As a viable alternative, appointing an Independent Commissioner to represent participants is recommended. This solution is grounded in existing laws, such as the Company Law, Insurance Law, UUP2SK, and relevant OJK regulations. It can be enhanced by establishing a Dana Tabarru’ Funds committee under Article 121(1) of the Company Law to ensure stronger accountability and protection of participants’ interests.
MENAKAR TANGGUNG JAWAB NEGARA DALAM PERLINDUNGAN KONSUMEN PRODUK IMPOR HALAL: ANALISIS ATAS NEGOSIASI DAGANG INDONESIA – AMERIKA SERIKAT Sakti, Muthia; Priambodo, Rio; Afifullah, Muhamad
International Journal Mathla’ul Anwar of Halal Issues Vol. 6 No. 1 (2026): Maret
Publisher : Universitas Mathla’ul Anwar Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the state’s responsibility in protecting consumers of imported halal products and to examine the implications of Indonesia–United States trade negotiations for the implementation of the Halal Product Assurance Law (UU JPH) within a standards-based global trade landscape. It employs a normative legal research method using statutory, conceptual, and comparative approaches. The analysis evaluates national regulations alongside the principles of non-discrimination and equivalence under the WTO regime to determine the limits of trade compromise. The findings indicate that mandatory halal certification constitutes a constitutional mandate that cannot be substantively negotiated. Recognition of foreign halal certificates may only be granted through a strict, transparent, and proportional equivalence assessment to ensure an equivalent level of protection for Muslim consumers. Trade negotiations do not eliminate regulatory sovereignty; rather, they require the design of recognition mechanisms that preserve the integrity of the national halal assurance system and remain consistent with international trade law.