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All Journal Al-Muamalat: Jurnal Hukum dan Ekonomi Syari'ah Hakamain: Journal of Sharia and Law Studies
Rosidah, Aimmatur
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum dan Risiko Investasi pada Securities Crowdfunding Syariah: Analisis Maslahah Mursalah Sholatiah, Lathifah; Rosidah, Aimmatur; Rahman, Taufik
Al-Muamalat Jurnal Hukum dan Ekonomi Syariah Vol 10 No 2 (2025): Al-Muamalat: Jurnal Hukum dan Ekonomi Syari'ah
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/muamalat.v10i2.10721

Abstract

This study aims to analyze legal protection and investment risks in Sharia Securities Crowdfunding (SCF) using the perspective of maslahah mursalah as the basis for assessment. The methodology employed is qualitative library research with a normative legal study approach, utilizing primary sources in the form of legislation, DSN-MUI fatwas, and OJK regulations, as well as secondary sources in the form of relevant academic journals and books published within the last ten years. The findings indicate that legal protection for investors in Sharia SCF already has a normative foundation through OJK Regulation No. 57/POJK.04/2020 and DSN-MUI Fatwa No. 140/DSN-MUI/VII/2021, but its implementation still faces challenges in terms of supervision, information transparency, and the effectiveness of dispute resolution mechanisms. The maslahah mursalah analysis affirms that Sharia SCF is permissible as long as it upholds the principles of justice, trustworthiness, and benefit, thereby necessitating strengthened regulations and oversight to optimally achieve the goal of investor protection.
Substantive Legal Analysis of Judicial Decisions in Breach of Contract Disputes: A Case Study of the Surabaya High Court Firmansyah, Aldi; Fata, Ikmal; Rosidah, Aimmatur; Oktari Matahari, Ladisa
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 2 (2025): July-December 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1454

Abstract

This study aims to analyse the legal considerations of judges in cases of breach of cooperation agreements, particularly in relation to the dominance of the principle of legal certainty over the principles of justice and benefit. The focus of the study is to determine the extent to which judges' decisions reflect a balance between normative aspects and substantive justice. The method used is a normative legal approach by examining laws, regulations, doctrines, and court decisions related to the object of research. Data sources were obtained through literature studies using books, laws, papers, journals, and other secondary sources. The results of the study indicate that the judge's decision in case No. 521/Pdt.G/2021/PN.Sby emphasised legal certainty through procedural and formal analysis, so that the aspects of justice and utility were not the main considerations. The judge tended to ignore substantive justice and dismissed the lawsuit as premature, so that the plaintiff did not obtain their rights. These findings indicate limitations in the application of the principles of justice and utility when judges are bound by textual requirements. This research contributes to strengthening the discourse on the importance of balancing legal certainty, justice, and utility in civil law enforcement. The originality of this research lies in its in-depth analysis of judges' legal argumentation practices in default cases using a substantive law approach.
Co-Authors Fata, Ikmal Firmansyah, Aldi Oktari Matahari, Ladisa Sholatiah, Lathifah Taufik Rahman