Abdunayimova, Dinara
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Integration of Customary Law and the Theory of Legal Pluralism of the Parties to a Bank Credit Agreement Based on the Principle of Balance Meher, Montayana; Abdunayimova, Dinara
SASI Volume 31 Issue 4, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i4.3393

Abstract

Introduction: This article discusses the urgency of integrating customary law into banking credit agreements in Indonesia for all parties based on the principle of balance.Purposes of the Research: This study aims to analyze the integration of customary law and the theory of legal pluralism of the parties in bank credit agreements based on the principle of balance.Methods of the Research: This research is normative legal research with a conceptual and legislative approach.Results of the Research: The integration of customary law into banking credit agreements in Indonesia, based on Article 1339 of the Civil Code, which recognizes fairness, customs, and laws as binding elements of an agreement. Customary law, which emphasizes the principles of collectivity, trust, and deliberation, provides a strong social foundation and local legitimacy in credit agreements. The legal pluralism approach with the principle of balance serves as a key strategy to accommodate customary law values and mechanisms within formal banking practices, thereby reducing normative conflicts and enhancing protection and justice for indigenous communities with limited access to formal law. The integration of customary law into credit agreements not only strengthens the pluralistic national legal system but also creates agreements that are fair, proportionate, and respect local wisdom, while simultaneously increasing social legitimacy and practical solutions in resolving credit issues within indigenous communities.
Prophetic Law in Modern Business: Integration of Humanization, Liberation, and Transcendence in Commercial Contracts Disantara, Fradhana Putra; Ishwara, Ade Sathya Sanathana; Disantara, Geraldha Islami Putra; Abdunayimova, Dinara
Batulis Civil Law Review Vol 6, No 3 (2025): VOLUME 6 ISSUE 3, NOVEMBER 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v6i3.3364

Abstract

Introduction: Economic globalization has significantly influenced the practice of business law, particularly commercial contracts that are increasingly complex, cross-border in nature, and dominated by capitalist interests. Contracts, which ideally serve as instruments of justice, often function as tools of domination by stronger parties over weaker ones, thereby neglecting humanitarian, ethical, and spiritual dimensions.Purposes of the Research: The purpose of this research is to analyze how the principles of prophetic law can be integrated into modern commercial contract practices and to identify the challenges arising in the era of globalization.Methods of the Research: This study employs normative legal research with a conceptual approach, examining the principles of prophetic law and linking them to contemporary business law practices. The data were analyzed qualitatively through a review of legal literature, philosophical discourse, and modern commercial contract practices.Results Main Findings of the Research: The findings indicate that the principle of humanization plays a crucial role in restoring contracts to their human dignity by protecting weaker parties; the principle of liberation calls for the elimination of exploitative contractual practices; while the principle of transcendence stresses the necessity of embedding ethical and spiritual values in business. The challenges of integration include the dominance of global capitalism, rigid digital contract frameworks, and the weak moral awareness of business actors. The originality of this study lies in its systematic effort to connect prophetic law with modern commercial contract practices, thereby offering a new paradigm for global business law that is more just, humane, and sustainable.