Jurnal Nuansa Akademik: Jurnal Pembangunan Masyarakat
Vol. 10 No. 2 (2025): In Progress

Legality Of E-Commerce Transactions: A Comparative Analysis Of Islamic Law And Indonesian Civil Law

Dewi, Irlina (Unknown)
Utari, Yuni Dhea (Unknown)
Siregar, Asfar Hamidi (Unknown)
Riyaldi, Rino (Unknown)



Article Info

Publish Date
10 Dec 2025

Abstract

The development of information technology has encouraged the emergence of increasingly complex e-commerce transactions that require legal certainty. This study aims to analyze the legality of e-commerce transactions through a comparison of Islamic law and Indonesian civil law perspectives. The method used is normative juridical research with a descriptive-analytical approach based on literature review, using primary sources in the form of the Qur'an, hadith, the Civil Code, the ITE Law, and fatwas of contemporary scholars, and secondary sources in the form of related academic literature. The results of the study indicate that in Islamic law, e-commerce transactions are permitted as long as they fulfill the pillars and conditions of a valid sale and purchase, are free from elements of gharar, usury, and fraud, and uphold the principles of justice, honesty, and openness. Meanwhile, Indonesian civil law views e-commerce as valid if the conditions of an agreement as stipulated in Article 1320 of the Civil Code are met, namely the existence of an agreement, legal capacity, a specific object, and a lawful cause, and are based on the principles of freedom of contract and good faith. Thus, both Islamic law and civil law emphasize the importance of transparency, agreement, and justice, although with different emphases. This study recommends strengthening regulations and legal education to protect consumers while creating a safe and equitable digital transaction ecosystem.

Copyrights © 2025






Journal Info

Abbrev

nuansaakademik

Publisher

Subject

Religion Civil Engineering, Building, Construction & Architecture Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Nuansa Akademik: Jurnal Pembangunan Masyarakat (JNAJPM) is a scientific multidisciplinary journal in the national level published by Lembaga Dakwah dan Pembangunan Masyarakat Universitas Cokroaminoto Yogyakarta (LDPM UCY). Moreover, The aim of this journal is disseminate the conceptual ...