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All Journal RETORIKA: Journal of Law, Social, and Humanities
BAIQ WIDIANTARI
Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat
Law, Crime, Criminology & Criminal Justice

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Prinsip Hukum Ekonomi Syariah Dalam Tata Kelola Fintech Syariah Berbasis Teknologi Digital di Indonesia BAIQ WIDIANTARI
Retorika: Journal of Law, Social, and Humanities Vol. 4 No. 1 (2025): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract

This study aims to analyze the regulation of Islamic fintech in Indonesia based on the principles of Islamic economic law, assess the consistency of regulations within the national legal system, and evaluate regulations based on the maqāṣid al-sharī‘ah to realize the benefit and legal certainty. This study uses a normative legal approach with an analysis of primary, secondary, and tertiary legal materials through grammatical, systematic, and teleological interpretations. The results show that first, the regulation of Islamic fintech has been framed in the Islamic Banking Law, OJK regulations, and DSN-MUI Fatwas, so that every Islamic fintech activity must comply with the principles of justice, benefit, legal certainty, and freedom of contract that are limited by sharia. Second, regulatory consistency requires the integration of legal norms, supervisory structures, and legal culture, so that regulatory fragmentation does not create uncertainty for business actors or service users. Third, from the perspective of maqāṣid al-sharī‘ah, this regulation guarantees the benefit, legal certainty, and protection of the rights of all parties. The success of Sharia fintech regulation is measured by the integration of positive law, the principles of Sharia economic law, and maqāṣid al-sharī‘ah, thus creating an orderly, fair, and sustainable Sharia digital financial ecosystem.
Mitigasi Risiko Siber Pada Kontrak Investasi Teknologi Digital Dalam Perspektif Hukum Bisnis Burhanudin; Baiq Widiantari
Retorika: Journal of Law, Social, and Humanities Vol. 4 No. 2 (2026): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract

This study aims to examine the construction of cyber risk mitigation regulations in digital technology investment contracts, analyze the role of contracts as instruments for risk allocation and control, and identify the legal implications of the absence or ambiguity of cyber risk mitigation clauses on the parties' responsibilities. This study uses a normative legal approach, utilizing legal interpretation, legal theory, and legal principles as a framework for understanding and assessing applicable norms. The results show that, first, the construction of cyber risk mitigation in digital investment contracts is based on the principles of freedom of contract, legal certainty, obligation responsibility, and good faith, which are realized through clear, measurable, and proportional contractual clauses. Second, contracts function effectively as instruments for cyber risk allocation and control, with risks allocated to the party with the greatest control, thus ensuring legal certainty and protecting the interests of the parties. Third, the absence or ambiguity of cyber risk mitigation clauses creates legal uncertainty, complicates proving responsibility, and increases the potential for disputes. Therefore, detailed and explicit clauses are a normative necessity to strengthen the accountability and effectiveness of contracts.
Co-Authors Burhanudin