Al Hukm: Journal of Islamic Legal Studies
Vol. 1 No. 01: Al Hukm: Journal of Islamic Legal Studies (June 2026)

Assessing Sharia Compliance of Indonesian Sovereign Sukuk via the Underlying Asset Principle

Sharifurrohman Hoh (UIN Sultan Maulana Hasanuddin)
Zulfikar Yahya Anhar (Universitas Pamulang)



Article Info

Publish Date
30 Jun 2026

Abstract

This study evaluates the Sharia compliance of Indonesia's sovereign sukuk (Surat Berharga Syariah Negara, SBSN) issued between 2008 and 2024 a programme whose cumulative gross issuance now exceeds IDR 2,000 trillion focusing on the underlying-asset principle that anchors Islamic capital-market instruments to tangible economic value. Using a qualitative normative-juridical method, it analyses primary legal sources Law No. 19 of 2008 on SBSN, DSN-MUI Fatwas No. 69–72 of 2008, and AAOIFI Sharia Standard No. 17 together with official issuance documentation. The analysis argues that although Indonesia has built a comprehensive regulatory and fatwa architecture, the predominant asset-based ijarah sale-and-lease-back structure transfers only usufruct rights (hak manfaat) rather than legal ownership, sustaining a gap between formal documentation and economic substance in asset tangibility, ownership transfer, and valuation adequacy. As its principal contribution, the study proposes and operationalises a Tripartite Compliance Framework (TCF) that assesses sovereign sukuk across legal-regulatory, economic-substantive, and theological-ethical dimensions, replacing binary compliant/non-compliant verdicts with a graded compliance profile. For Indonesia, the framework implies that DJPPR, DSN-MUI, and OJK should strengthen asset identification, institute ongoing Sharia audit, and expand project-based issuance to narrow the form substance gap

Copyrights © 2026






Journal Info

Abbrev

jils

Publisher

Subject

Description

Al Hukm: Journal of Islamic Legal Studies is a scientific journal that reviews contemporary issues in Islamic legal thought, focusing on new and popular Islamic legal ideas and practices. This journal not only discusses issues of fiqh (legal cases), but also covers Islamic legal philosophy, legal ...