Zulhaji Ismail
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ANALISIS KOMPARATIF REGULASI DAN FATWA DALAM SCREENING SAHAM SYARIAH: STUDI INVESTASI ISLAMI ANTARA INDONESIA DAN MALAYSIA Syamsul Wathoni; Hafisuddin Aritonang; Zulhaji Ismail; Khaerul Muttaqin
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 11 No. 01 (2026): Volume 11 No. 01 Maret 2026
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v11i01.40068

Abstract

This research aims to comparatively analyze the relationship between religious fatwas and state regulations in the Sharia stock screening system in Indonesia and Malaysia. Using a qualitative approach and juridical-normative method, this research is supported by three theoretical frameworks: legal pluralism, normative authority, and comparative law. The results show that Indonesia applies a dualistic model where the DSN-MUI fatwa serves as a moral reference, which is then partially accommodated by OJK regulations. In contrast, Malaysia adopts an integrative approach through the SAC-SC, which functions as an official state institution with legally binding authority. Significant differences are also found in the financial indicators, where Malaysia sets stricter debt and non-halal income ratio limits consistent with international standards such as AAOIFI. These findings reflect the different epistemological and institutional approaches to internalizing Shariah principles into the capital market system. This research contributes to the study of Islamic economic law by offering a new understanding of the ideal form of relationship between regulation and fatwa in supporting the integrity and legitimacy of Islamic capital markets.
RANCANGAN UNDANG-UNDANG PERAMPASAN ASET TINDAK PIDANA: MENJAGA MORALITAS DAN KEADILAN SOSIAL Zulhaji Ismail; Wathoni, Syamsul; Aritonang, Hafisuddin
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 11 No. 01 (2026): Volume 11 No. 01 Maret 2026 Published
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v11i01.42391

Abstract

ABSTRACT The Criminal Asset Confiscation Bill has not yet been enacted by the Indonesian House of Representatives (DPR RI). This bill was proposed for inclusion in national legislation in 2012 and has been included in the last two National Development Planning Programs (Prolenas): the 2015-2019 period, along with other bills, and the 2020-2024 period, along with 284 other bills. However, it has yet to be properly implemented and become law. Meanwhile, the DPR has not yet seriously deliberated on the asset confiscation bill. Therefore, it is interesting to further examine the perspectives on morality and social justice if the asset confiscation bill is enacted. Morality and social justice are two crucial instruments in the formation of legislation. This study uses a normative legal research method based on desk research to analyze the legal norms, principles, and philosophical values ​​contained in the Criminal Asset Confiscation Bill. Keywords: Criminal Asset Confiscation Bill, morality, social justice.