REKONSTRUKSI UU NO.8 TAHUN 1999 MELALUI ARBITRASE SYARIAH: PARADIGMA FIQH PERLINDUNGAN KONSUMEN DALAM EKONOMI SYARIAH DI INDONESIA

Arminsyah (Sekolah Tinggi Agama Islam Negeri Mandailing Natal)

Jurnal BILAL: Bisnis Ekonomi Halal
Vol. 4 No. 1 (2023): Edisi Juni 2023

The development of the sharia economy in Indonesia has given birth to an increasingly complex legal relationship between business actors and consumers, while the construction of consumer protection in Law No. 8 of 1999 concerning Consumer Protection is still basically still built based on the conventional economic law paradigm. This condition raises the need to reconstruct the consumer protection framework to be more responsive to the characteristics of sharia economic transactions, especially through the integration of the principles of muamalah fiqh and dispute resolution mechanisms through sharia arbitration. This study aims to analyze the construction of consumer protection in Law No. 8 of 1999 from the perspective of muamalah fiqh and formulate a legal reconstruction paradigm that accommodates sharia principles in the resolution of sharia economic consumer disputes. The research uses a normative juridical method with a legislative, conceptual, and Islamic legal approach. Legal materials are analyzed qualitatively by examining the relationship between consumer protection norms, the principles of fiqh muamalah, and the mechanism of sharia arbitration in Indonesia. The results of the study show that consumer protection in the sharia economy is not enough to be placed solely on the formal balance of rights and obligations, but needs to be based on the principles of justice (al-'adl), benefit (maslahah), willingness of the parties (al-taradhi), trust, transparency, and prohibition of gharar, usury, tadlis, and practices that cause harm. In this context, sharia arbitration has a strategic position as a dispute resolution mechanism that is able to integrate the certainty of national law with the substantive value of sharia economic law. The reconstruction of Law No. 8 of 1999 is therefore directed at a more explicit recognition of the characteristics of consumers and sharia transactions, the integration of the principles of fiqh muamalah as a basis for substantive protection, and the strengthening of sharia arbitration as an alternative to resolving consumer disputes in the sharia economy. The reconstruction is expected to form a consumer protection paradigm that is not only oriented towards legal certainty, but also on justice, benefit, and compliance with sharia