Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah
Vol. 10 No. 2 (2025)

Revitalizing the Indonesian Ulema Council’s Fatwa on the Protection of Intellectual Property Rights

Urip Giyono (Muhammadiyah University Cirebon)
Ahmad Khoirudin (Syekh Nurjati State Islamic Cyber ​​University Cirebon)
Saleh Abdul Qader Ali Bahumid (Al-Wasatiyah Sharia University for Islamic and Human Sciences)



Article Info

Publish Date
30 Dec 2025

Abstract

Intellectual Property Rights (IPR) protection in Indonesia is largely operationalized through conventional statutory instruments. Since 2005, however, the Indonesian Ulema Council (MUI) has issued Fatwa No. 1/MUNAS VII/MUI/5/2005, which frames IPR infringement as an act of ẓulm and deems it ḥarām. This article examines the fatwa’s continuing relevance within Indonesia’s contemporary IPR regulatory landscape and identifies pathways to enhance its practical effectiveness as a normative complement to state-driven protection and enforcement. The study employs doctrinal (normative-juridical) research grounded in pragmatic truth theory and deductive reasoning. Legal materials are collected through library research and analyzed qualitatively using a conceptual approach to connect Sharia-ethical reasoning with positive-law structures. The findings show that legislative reforms across key IPR regimes have created misalignments between the fatwa’s statutory references and the current legal framework, thereby weakening its legal-formal coherence. The analysis further indicates that the fatwa would be more effective if its prohibitions and categories are reformulated using nomenclature corresponding to the KUHP and/or KUHPerdata and explicitly linked to existing administrative, civil, and criminal enforcement mechanisms within Indonesia’s national legal system.Keywords: intellectual property rights; MUI fatwa; revitalization; legal nomenclature; law enforcement

Copyrights © 2025






Journal Info

Abbrev

al-mustashfa

Publisher

Subject

Description

Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah publishes original and recent studies that focus on normative, empirical, and comparative analyses of Sharia economic law and its application across various modern economic sectors in different countries, particularly in Indonesia. The scope of ...