Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Vol 12, No 2 (2025): October

Reforming Sharia Business Law in Indonesia: Reconstructing a Contemporary Legal Framework for Islamic Financial Integration

Achmad Jaka Santos Adiwijaya (Universitas Djuanda)
Martin Roestamy (Universitas Djuanda)
Abraham Yazdi Martin (Universitas Djuanda)
Radif Khotamir Rusli (Universitas Djuanda)
Ismail Sugardo (Gadjah Mada University)



Article Info

Publish Date
30 Dec 2025

Abstract

Indonesia's ambition to become a global leader in Islamic finance is significantly hampered by a fragmented and sectoral Sharia business law structure. Despite substantial legislative progress, including the enactment of the Sharia Banking Law (Law No. 21 of 2008), the Financial Services Authority Law (Law No. 21 of 2011), and the Halal Product Assurance Law (Law No. 33 of 2014), regulatory power remains dispersed across various institutions and state agencies. This study employs a qualitative doctrinal legal research method, complemented by comparative and descriptive quantitative analysis, to examine Indonesia's current regulatory configuration against the backdrop of jurisdictions like Malaysia, Bahrain, the United Kingdom, and Brunei Darussalam. The findings reveal that overlapping jurisdictions, delayed implementation of fatwa-based rulings, and the absence of a unified Sharia governance framework have constrained the country's Islamic finance regulation. The paper proposes the establishment of an autonomous, comprehensive Sharia Financial Services Authority, the enactment of a professional Sharia Business Law Code harmonized with international standards, and the adoption of technology-based supervision. This contemporary legal reform is essential to ensure institutional consistency, strengthen legal certainty in Islamic finance, and advance public welfare (maslahah) through a fully integrated Islamic financial system in Indonesia.

Copyrights © 2025






Journal Info

Abbrev

mizani

Publisher

Subject

Description

Focus and Scope FOCUS This journal aims to disseminate scholarly works related to research and discussions in the field of Contextualized Islamic Law, contributing to an enhanced understanding of Islamic law. Through the publication of articles and research reports, it seeks to advance knowledge and ...