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From Family Law to Financial Disputes: Expanding the Role of Indonesia’s Religious Courts in the Sharia Economy Samson, Nur Aida Tahirulla; Warits, Abd
Santara: Journal of Islamic Law and Humanity Vol. 1 No. 2 (2025): Islamic Law and Humanity
Publisher : Perkumpulan Dosen Tarbiyah Islam, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59373/santara.v1i2.231

Abstract

The rapid development of Islamic finance in Indonesia has generated a growing number of disputes requiring legal resolution based on sharia principles. Historically, such cases fell under the jurisdiction of general courts, creating uncertainty for Muslim litigants. The enactment of Law No. 3/2006 fundamentally redefined the authority of Religious Courts by granting them exclusive jurisdiction over sharia economic disputes, including those related to Islamic banking, insurance, and financial contracts. This study aims to analyze how this authority is exercised in practice, with a specific focus on the Religious Court of Sumenep as a case study. Using a socio-legal and qualitative approach, the research draws on primary data from court decisions and interviews, complemented by secondary legal sources. The findings demonstrate that the Religious Court of Sumenep has effectively applied its expanded mandate, resolving disputes with greater accessibility and cultural legitimacy for Muslim litigants. However, challenges remain, particularly in judicial capacity and technical expertise in complex financial transactions. The study contributes to the discourse on judicial reform in Muslim-majority contexts, highlighting the need for continuous capacity building and institutional support to strengthen the role of Religious Courts in promoting legal certainty and advancing the Islamic economy in Indonesia
Accommodation Licensing Compliance in Halal Tourism Development: Evidence from Dieng Plateau, Indonesia Rahmaliya, Bani; Huda, Muhammad Chairul; Samson, Nur Aida Tahirulla
Create: Journal of Islamic Management and Business Vol. 2 No. 1 (2026): Islamic Business and Management
Publisher : Perkumpulan Dosen Tarbiyah Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59373/create.v2i1.302

Abstract

The rapid growth of accommodation businesses in the Dieng tourism area has not been accompanied by adequate compliance with business licensing regulations, despite the region’s promotion as a halal tourism destination. This condition raises significant legal, governance, and consumer protection issues, particularly in relation to the implementation of halal tourism principles. This study aims to examine accommodation licensing procedures and their practical implementation from a halal tourism perspective in Patakbanteng Village and Dieng Village, Kejajar District, Wonosobo Regency. The research adopts a qualitative field study design with an empirical juridical approach. Data were collected through in-depth interviews with accommodation business operators and relevant government officials, field observations, and documentation, and were analyzed using the interactive model of Miles and Huberman. The findings reveal that compliance with accommodation licensing requirements remains low, especially among small-scale businesses such as homestays and cabins. The main obstacles are not merely regulatory complexity but also limited legal literacy, administrative constraints, and the perception among business owners that licensing provides minimal direct benefits to business sustainability. From a halal tourism perspective, weak business legality undermines effective supervision of halal standards, safety, and comfort for Muslim tourists. This study concludes that business licensing constitutes a strategic legal instrument for strengthening halal tourism governance, ensuring legal certainty, consumer protection, and sustainable tourism development. Accordingly, enhanced government engagement through legal education, technical assistance, and consistent supervision is essential to improve licensing compliance in emerging halal tourism destinations.