Ashoni, Akbar Muhamad
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Legal and Ethical Dimensions of Pension Fund Management: The Role of DSN-MUI Fatwas in Sharia and Conventional Systems Hawari, Rafif; Ashoni, Akbar Muhamad
AT-TASYRI': JURNAL ILMIAH PRODI MUAMALAH Vol. 17 No. 2 (2025): At-Tasyri': Jurnal Ilmiah Prodi Muamalah
Publisher : Prodi Hukum Ekonomi Syariah STAIN Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/4bahxh16

Abstract

Indonesia’s pension fund system operates within a dual financial framework consisting of conventional and Sharia-based schemes. While conventional pension funds prioritize investment flexibility and return maximization, Sharia pension funds emphasize compliance with Islamic legal and ethical principles. This duality raises important legal and ethical questions, particularly regarding the role of DSN-MUI fatwas as normative instruments within Indonesia’s positive legal system. This study employs a qualitative descriptive approach based on literature review, regulatory analysis, and examination of relevant fatwas and statutory regulations. Primary and secondary data were analyzed to compare the legal foundations, governance structures, investment mechanisms, and ethical dimensions of conventional and Sharia pension fund management in Indonesia. The findings reveal that conventional pension funds are primarily regulated by Law No. 11 of 1992 and OJK regulations, focusing on financial efficiency and market-based returns. In contrast, Sharia pension funds are governed by an additional normative framework derived from DSN-MUI fatwas, particularly Fatwa No. 88/DSN-MUI/XI/2013, which mandates the avoidance of riba, gharar, and maysir. Although DSN-MUI fatwas are not legally binding in a formal sense, their integration into regulatory policies and operational requirements—such as the establishment of Sharia Supervisory Boards—significantly influences governance practices, transparency, and participant protection. The study highlights that the incorporation of Sharia ethical principles through DSN-MUI fatwas enhances accountability, trust, and long-term sustainability in pension fund management. While conventional pension funds benefit from broader investment diversification, Sharia pension funds offer stronger ethical safeguards and lower risk exposure. The findings suggest that a synergistic legal framework integrating state regulation and Sharia ethics can strengthen Indonesia’s pension fund system by balancing financial performance with moral responsibility.
Changes in Economic Activities in the Lens of Sociology and Anthropology of Islamic Law Ashoni, Akbar Muhamad; Abdal, Abdal
AT-TASYRI': JURNAL ILMIAH PRODI MUAMALAH Vol. 17 No. 2 (2025): At-Tasyri': Jurnal Ilmiah Prodi Muamalah
Publisher : Prodi Hukum Ekonomi Syariah STAIN Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/tasyri.v17i2.5922

Abstract

Changes in economic activities in Muslim society are phenomena influenced by social, cultural, and legal aspects. Sociology and anthropology of Islamic law play an important role in understanding these dynamics, including how the application of sharia principles adapts to the times. This research uses a qualitative literature study approach, examining written sources from classical texts and academic literature related to the sociology of law, legal anthropology, and Islamic economics. Data were collected from journal articles, books, and open documents through various online repositories, and then analyzed descriptively and holistically, The results of the study show that social and economic changes continue to affect the application of Islamic law and sharia economics. Islamic economic principles that are rooted in the values of monotheism, justice, and morals are the main guidelines in adapting to the development of economic activities. The application of this principle also shows the dynamism in social reality and the importance of understanding the socio-cultural context. The dynamics of this change underscore the need for a comprehensive study of the relationship between legal, social, and economic in the context of Islam. Adjustments to the needs of the times will strengthen the sustainability of the sharia economy and be able to maintain a balance between religious norms and the social needs of the community.