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All Journal Ascendia: Journal of Economic and Business Advancement Mahalini: Journal of Business Law
Amelia Nabila Pramesthi
Universitas Negeri Semarang
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Terhadap Putusan 3181 K/Pdt/2018 : Sengketa Apartemen Ny. Ike Farida dengan PT Elite Prima Hutama Amelia Nabila Pramesthi; Maximiliania Krismarmita Brahman; Nabila Sanina Fadhilah; Luthfia Putri Pramesti
Mahalini: Journal of Business Law Vol. 1 No. 2 (2024): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

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Abstract

This article examines the interpretation of the decision of the Supreme Court of the Republic of Indonesia with number 3181/K/Pdt/2018 which focuses on disputes that occur in the apartment sector and analyzes the extent to which the decision has fulfilled the principles of the provisions regarding disputes in the apartment sector. The case involved a dispute between the manager and the unit owner regarding ownership rights, administrative responsibilities and the provision of facilities to the buyer. In the judgment, the Supreme Court emphasized the need to protect the rights of apartment owners and affirmed the manager's obligation to meet agreed service standards. This article also explores the legal arguments of both plaintiffs and defendants and the impact of the ruling on the apartment industry and consumer protection. Taking into account the legal and social context, this article advises parties who wish to enter into an engagement to be more critical and not easily fooled by developer marketing in order to reduce the possibility of similar disputes in the future.
Problematika Hukum PayLater dalam Perspektif Fikih Muamalah: Antara Akad Qardh dan Riba Maximiliania Krismarmitra Brahman; Amelia Nabila Pramesthi; Fadhil Pratama Aryon; Nabila Sanina
Journal of Economic and Business Advancement Vol. 1 No. 4 (2026): June: Ascendia: Journal of Economic and Business Advancement
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/58n63p83

Abstract

This study examines the legal problems of PayLater within the framework of Islamic commercial jurisprudence, focusing on the tension between qardh-based structures and the prohibition of riba. Employing a normative-conceptual approach with critical legal analysis, the research evaluates the contractual construction, operational mechanisms, and compliance of PayLater practices with Islamic economic principles. The findings indicate that although PayLater is often presented as a deferred payment system linked to sale transactions, its practical implementation frequently reflects a loan-based structure accompanied by additional charges, thereby falling into the category of riba. From a maqashid al-shariah perspective, such practices pose risks to wealth protection due to the potential accumulation of disproportionate financial burdens. Nevertheless, the study identifies the possibility of reconstructing PayLater into a Sharia-compliant model through appropriate contractual frameworks and transparent profit mechanisms, contributing to the development of ethically aligned financial technology systems.  
Co-Authors Fadhil Pratama Aryon Luthfia Putri Pramesti Maximiliania Krismarmita Brahman Maximiliania Krismarmitra Brahman Nabila Sanina Nabila Sanina Fadhilah