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All Journal ASAS : Jurnal Hukum Ekonomi Syariah Misykat al-Anwar Jurnal Kajian Islam dan Masyarakat
Prayitno, Farrel Izham
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Religion Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Pemodelan Perlindungan HKI Komunal Warisan Kuliner Tradisional melalui Pendekatan Pluralisme Hukum di Indonesia Prayitno, Farrel Izham; Abroor Zuhri, A. Nawfal; Tobroni, Faiq; Multazam, Ahmad
MISYKAT AL-ANWAR JURNAL KAJIAN ISLAM DAN MASYARAKAT Vol 9 No 1 (2026)
Publisher : Faculty of Islamic Studies, University of Muhammadiyah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24853/ma.9.1.211-224

Abstract

Traditional culinary knowledge in Indonesia often exists in a legal grey area, particularly when communal cultural expressions are assessed through intellectual property regimes designed for individual ownership. This article focuses on the case of Rendang Minangkabau and examines how its protection can be strengthened within a communal intellectual property rights framework grounded in legal pluralism. Rather than relying solely on doctrinal analysis, this study adopts a simulation-based normative–empirical approach to explore how different regulatory configurations may influence protection outcomes. Four policy scenarios were constructed over a five- year projection period (2024–2028), drawing on secondary data and structured parameter modeling. The analysis incorporates regulatory strength, recognition of adat norms, and benefit- sharing mechanisms as core variables to assess changes in an Effective Protection Index. The findings suggest that legal reform alone is insufficient when detached from customary legitimacy. Scenarios that formally recognize adat institutions and incorporate equitable benefit-sharing mechanisms produce substantially higher protection outcomes compared to the current regulatory configuration. In particular, the recognition of customary norms emerges as the most influential factor in strengthening protection effectiveness. By translating the concept of legal pluralism into an operational policy model, this study moves beyond purely qualitative debates and offers a structured framework for evaluating communal intellectual property protection.
Assesing Murābaḥah Compliance After Regulatory Reform a Normative Study in Indonesia Sharia Banking Prayitno, Farrel Izham; Rabbani, Andi Muh Shafwan; Mufiz, Muhammad Alif
ASAS Vol. 18 No. 01 (2026): Asas, Vol. 18, No. 01 Juni 2026
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/asas.1801.29942

Abstract

Murābaḥah contracts constitute the most widely used financing instrument in Indonesian sharia banking; however, concerns persist regarding the substantive alignment between contractual practices, DSN-MUI fatwas, and regulatory standards. Although POJK No. 12/POJK.03/2021 was enacted to strengthen sharia governance, systematic post-regulatory assessments of murābaḥah implementation remain limited. This study examines the extent and patterns of disparities in the implementation of DSN-MUI fatwas on murābaḥah contracts in Indonesian sharia banking practices after the enactment of the regulation. The research employs a normative simulation-based approach using secondary data, including DSN–MUI fatwas, Financial Services Authority regulations, and standardized murābaḥah contract documents issued during the 2021-2024 period. A structured normative compliance model was applied to assess four key parameters: ownership transfer, contractual structure, profit margin determination, and risk allocation. The findings show that while formal compliance with regulatory and fatwa provisions has improved in the post-2021 period, substantive sharia compliance remains uneven. Most murābaḥah contracts demonstrate partial compliance, particularly due to deficiencies in ownership transfer and risk-bearing mechanisms, whereas profit margin determination shows relatively higher conformity. These results indicate that murābaḥah is frequently implemented as a financing mechanism rather than as a genuine sale-based contract in accordance with Islamic commercial jurisprudence. Overall, the findings demonstrate that regulatory reform alone is insufficient to ensure substantive sharia compliance without sustained institutional commitment.
Co-Authors Abroor Zuhri, A. Nawfal Ahmad Multazam, Ahmad Faiq Tobroni Mufiz, Muhammad Alif Rabbani, Andi Muh Shafwan