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THE DIGITAL REVOLUTION OF ISLAMIC SOCIAL FINANCE: THE TRANSFORMATION OF ZAKAT, WAQF, AND FINTECH IN REALIZING SUSTAINABLE DEVELOPMENT GOALS IN INDONESIA alfian, ian; Agustina, Surya; Nasution, Yenni Samri Juliati; Marliyah, Marliyah
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 9 No 2 (2025): Desember 2025
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v9i2.28413

This study aims to analyze the transformation of Islamic Social Finance in the digital era and the strategic role of the National Committee for Islamic Economics and Finance (KNEKS) in strengthening the Islamic social finance ecosystem in Indonesia. The method used is a Systematic Literature Review (SLR) based on the PRISMA protocol, which includes the process of identification, selection, eligibility, and inclusion of scientific publications. A total of 25 selected articles published between 2019 and 2025 were analyzed using a thematic synthesis approach and quality assessment using the JBI Critical Assessment Tool. The research findings show that the digitization of Islamic Social Finance through fintech platforms, digital zakat wallets, digital waqf, and sharia crowdfunding has increased the efficiency of collection, transparency of distribution, and expanded access to services for the unbanked population. However, challenges remain in digital literacy, public trust, regulatory integration, and the readiness of the managing institutions' infrastructure. This study confirms that KNEKS plays a significant coordinating role in strengthening governance, standardizing policies, and integrating social finance systems with national development goals. The findings also show that Islamic Social Finance contributes to accelerating the achievement of the Sustainable Development Goals (SDGs), particularly poverty eradication, inclusive education, food security, and women's empowerment. The policy implications of this study include the need to improve digital and Sharia literacy, harmonize Sharia fintech regulations, and develop integrated digital platforms based on technologies such as blockchain and artificial intelligence to strengthen transparency and accountability.

ONLINE BUYING AND SELLING SYSTEM OF DROPSHIPPING AND RESELLING IN THE PERSPECTIVE OF STATUTORY REGULATIONS AND ISLAMIC ECONOMIC FATWAS Candrawati, Iin; Hafith , Muh. Abdulloh; Robbani , Shofa; Huda , Nurul
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 9 No 2 (2025): Desember 2025
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v9i2.28543

The rapid growth of digital commerce in Indonesia has encouraged the emergence of innovative business models such as dropshipping and reselling. This study aims to analyze the legal status of dropshipping and reselling systems under both Indonesian statutory regulations and Islamic economic fatwas. Using a qualitative normative legal research approach, the study applies statute, conceptual, and comparative analyses of the Consumer Protection Law, Electronic Transaction Law, and related DSN-MUI Fatwas. The findings show that Indonesian positive law recognizes dropshipping and reselling as lawful business activities when they adhere to transparency, accountability, and consumer protection principles. The study concludes that harmonization between national regulations and Islamic economic fatwas is essential to ensure that digital trade operates within a framework of both legal enforceability and moral ethics. An integrative approach combining statutory compliance and Sharia principles can strengthen justice, fairness, and transparency in Indonesia’s digital economy. This study contributes to the development of digital commerce law by offering an integrative model between statutory enforceability and Islamic ethical legitimacy.

PEACE ACTS AS AN ALTERNATIVE FOR SHARIA FINANCING DISPUTE SETTLEMENT: A CASE STUDY OF THE MAGETAN RELIGIOUS COURT DECISION No. 57/Pdt.GS/2025/PA.Mgt fadlila, annisa zakiyatul; Rohmawati, Rohmawati; dwiyanti, erma
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 9 No 2 (2025): Desember 2025
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v9i2.28701

Borrowing money through Islamic financial institutions has become a necessity for society. However, Islamic financing practices are still exposed to credit risks such as arrears and bad debts. Such cases require effective solutions that protect both the bank and the customer. One practical and legally binding option is a court-approved settlement agreement. The choice of a settlement agreement in this study is based on the consideration that litigation is often time-consuming, costly, and causes tension between parties. In contrast, a settlement agreement offers a faster, more efficient process while providing legal certainty equivalent to a court ruling. It also reflects the Islamic principle of ishlah (peace), which upholds deliberation and justice without neglecting legal certainty. This study aims to analyze the role of settlement agreements in resolving problematic Islamic financing disputes, with a case study of the Magetan Religious Court Decision No. 57/Pdt.GS/2025/PA.Mgt. The research uses a normative juridical method with a case approach through literature review, decision documentation, and references to procedural civil and Islamic economic law. The results show that the dispute between PT. BPRS (Perseroda) and the customer were resolved through a peace agreement involving payment of arrears and one-year financing restructuring, confirmed by the judge as a valid settlement. The study concludes that a settlement agreement is an effective, quick, and just dispute resolution instrument aligned with the principles of deliberation and justice in Islamic law.

THE URGENCY OF GOOD FAITH FROM THE PERSPECTIVE OF SADDUD DZARI’AH THEORY (A STUDY OF DECISION NO. 426/Pdt.G/2021/PA.JS) Silvana, Sindy Siska
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 9 No 2 (2025): Desember 2025
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v9i2.28811

This study examines the application of the principle of good faith in a Sharia insurance dispute, as presented in Case No. 426/Pdt.G/2021/PA.JS and evaluates its legal relevance from the perspective of Saddud Dzari’ah. Using a qualitative normative-empirical method through the examination of judicial decisions, policy terms, and Sharia insurance regulations, the research finds that the Plaintiff provided inaccurate information concerning medical history, other insurance ownership, and domicile. These inaccuracies constituted a breach of the principle of utmost good faith (uberrimae fidei), giving the Defendant legal grounds to rescind the policy and deny the claim in accordance with applicable laws and contract provisions. Normatively, such a violation at the pre-contractual stage should have led to the rejection of the lawsuit in its entirety. However, the judges applied the Saddud Dzari’ah principle to realize substantive justice by ordering the return of premiums to prevent harm and maintain fairness and proportionality of rights and obligations. The study highlights the need for stricter verification and auditing standards for participant data in Sharia insurance. It also shows that Saddud Dzari’ah provides a normative and argumentative basis for harmonizing legal certainty and fairness in dispute resolution. Additionally, the research reveals weaknesses in the fact-finding process, emphasizing the importance of a more proactive and rigorous judicial approach to ensure thoroughly examined material facts and a fair judgment.

IMPLEMENTATION OF MAQASID AL-SHARIAH ON SUBROGATION IN MUSYARAKAH MUTANAQISAH CONTRACTS DECIDED BY THE GENERAL COURT Muchammad Chaqqul Amin
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 10 No 1 (2026): Juni
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v10i1.26122

The development of Islamic economic transactions in Indonesia has increased the legal complexity of financing disputes, including disputes arising from Musyarakah Mutanaqisah contracts. Positive law places Islamic economic disputes within the absolute jurisdiction of the Religious Courts; however, Surabaya District Court Decision Number 311/Pdt.G/2021/PN. Sby adjudicated a dispute involving subrogation connected to a Musyarakah Mutanaqisah financing contract. This article examines the jurisdictional context of the case, the application of subrogation in Musyarakah Mutanaqisah within Islamic legal principles, and the extent to which the decision aligns with maqasid al-shariah. This research employs normative legal research, utilizing statutory, case, conceptual, and comparative approaches. The findings show that the case should have been examined by the Religious Court because the disputed legal relationship was rooted in Islamic financing, namely Musyarakah Mutanaqisah and sharia-based subrogation. The decision produced a degree of asset-related settlement, but it did not fully satisfy Hifz al-Din because the case was resolved by a forum that lacked absolute jurisdiction over Islamic economic disputes. The article argues that stronger coordination between the General Courts and Religious Courts is needed to prevent forum error and to secure legal certainty, sharia compliance, and substantive justice in Islamic financing disputes.

JURIDICAL ANALYSIS OF DEFAULT IN MUSYARAKAH MUTANAQISAH AND IJARAH CONTRACTS (Study of Decision Number 129/Pdt.G/2023/PA.Mn) Fiki Inayah
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 10 No 1 (2026): Juni
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v10i1.29408

This study analyzes the juridical interpretation of breach of contract in Musyarakah Mutanaqisah financing through an examination of Decision Number 129/Pdt.G/2023/PA.Mn issued by the Religious Court of Madiun. The dispute occurred between PT Bank Muamalat Indonesia Tbk and PT Hasta Mulya Putra concerning the developer’s failure to facilitate the transfer of property ownership for customers financed through Islamic home financing schemes. This research aims to identify the factors causing breach of contract and examine judicial reasoning in interpreting the relationship between developer obligations and Musyarakah Mutanaqisah contracts. This research uses normative legal research with statute and case approaches. Data were obtained through documentation techniques from court decisions, legislation, books, and scientific journals related to Islamic economic law. The findings show that breach of contract occurred due to the developer's failure to prepare Sale and Purchase Deeds (AJB) and transfer ownership certificates to customers. The judges interpreted the developer’s declaration as an integral part of the Musyarakah Mutanaqisah financing scheme, thus bringing the dispute within the jurisdiction of the Religious Court. This decision illustrates the dynamic development of Islamic economic dispute resolution and may serve as jurisprudence for similar cases in Indonesia.

ANALYSIS OF CONTRACTS AND LEGAL RESPONSIBILITIES IN DIGITAL AFFILIATE MARKETING SYSTEMS Muhammad Khoirun Nizam
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 10 No 1 (2026): Juni
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v10i1.30378

The rapid development of digital technology has transformed commercial systems and legal relationships, including the emergence of digital affiliate marketing as a performance-based marketing model. In this system, affiliates promote products or services through digital platforms and receive commissions based on successful transactions. Despite its efficiency, affiliate marketing raises legal and ethical issues such as unclear contractual agreements, misleading promotions, and potential consumer harm. This study aims to analyze the contractual framework and legal responsibilities of merchants, affiliates, and digital platforms from the perspectives of Indonesian positive law and Islamic economic law. Using a normative analytical method, the study examines legal regulations, Islamic legal doctrines, and digital marketing practices related to affiliate systems. The findings show that affiliate marketing practices can be categorized into juʿālah and wakālah bil ujrah contracts, which are valid as long as they fulfill the principles of transparency, fairness, and accountability. Merchants are responsible for product accuracy and commission payments, affiliates must provide honest promotions, and digital platforms must ensure transparent tracking systems and dispute resolution mechanisms. The study also finds that practices involving deception, misinformation, or unclear commission systems contradict the principles of maqāṣid al-sharī‘ah, particularly the protection of property (hifẓ al-māl) and individual rights (hifẓ al-nafs). Therefore, clear contractual terms, ethical promotion standards, and transparent digital systems are essential to create a fair and Sharia-compliant affiliate marketing ecosystem.

HARMONIZATION OF SHARIA BUSINESS LAW AND POSITIVE LAW IN ZAKAT FUND MANAGEMENT AT LAZISMU GRESIK Jefri Riskiyanda Saswito
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 10 No 1 (2026): Juni
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v10i1.30379

This study examines the normative and practical conflicts arising from the harmonization of Shariah and positive law in zakat fund management, using Lazismu Gresik as a case study. The objective is to identify implementation gaps between regulatory ideals and organizational practices. Through qualitative research involving 35 stakeholder interviews, the study reveals significant challenges in operationalizing Shariah compliance mechanisms, governance structures, and institutional autonomy under Law No. 23 of 2011. Key findings highlight: (1) the dual-role problem of BAZNAS as both regulator and operator, creating conflicts of interest; (2) shariah audit frameworks that remain predominantly administrative rather than substantive; and (3) difficulties in integrating Islamic principles with state law enforcement mechanisms. The research concludes that effective harmonization requires structural institutional reforms, strengthened substantive Shariah compliance mechanisms, and context-specific regulatory frameworks at the local level. This study contributes to understanding how legal pluralism can be operationalized in Islamic institutional contexts and provides practical recommendations for improving zakat governance.

SHARIA COMPLIANCE MODEL OF THE ISTISHNA CONTRACT IN SHARIA HOUSING DEVELOPMENT: A CONCEPTUAL REVIEW OF ISLAMIC ECONOMIC LAW Dahlia Firdausi
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 10 No 1 (2026): Juni
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v10i1.30381

The istishna contract is widely used in the development of Sharia housing in Indonesia. However, its implementation may create Sharia compliance problems when it is not supported by an adequate understanding of fiqh muamalah principles and positive legal regulations. This article aims to formulate a conceptual sharia compliance model for istishna contracts as an effort to strengthen consumer protection in sharia housing development. This study uses normative legal research with conceptual and statutory approaches. The legal materials include DSN-MUI fatwas, relevant laws and regulations, and literature on Islamic economic law. The results show that sharia compliance in istishna contracts must be established through fulfillment of the pillars and requirements of the contract, clarity of object specifications, transparency of price and delivery time, proportional risk allocation, and systematic sharia supervision. The proposed model is arranged into four stages, namely pre-contract, contract formation, implementation, and post-handover. The model is expected to serve as a normative basis for developing fair, transparent, and sharia-compliant istishna practices in sharia housing.

MANAGEMENT SYSTEM OF SAPTA PESONA TOURISM TUMPAK SEWU WATERFALL ON THE INCOME OF THE LOCAL COMMUNITY IN THE PERSPECTIVE OF SHARIA ECONOMICS Musthafa Syukur; Karomatun Annisak
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 10 No 1 (2026): Juni
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v10i1.31225

This research is motivated by the importance of tourism management based on Sapta Pesona in improving the quality of destinations while encouraging the economic growth of local communities. Tumpak Sewu Waterfall, as a leading destination, has great potential that needs to be managed systematically and sustainably. This research aims to analyze the tourism management system based on Sapta Pesona and its contribution to increasing the income of local communities. The method used is a qualitative approach with a case study design, through interview techniques, documentation, and findings in the field. The results of the study show that the implementation of Sapta Pesona is effective in increasing tourist satisfaction and experience, which has an impact on increasing the number of visits. Community involvement through MSME activities such as homestays, guide services, and culinary businesses is the main factor in increasing income. In addition, Sharia economic principles such as honesty and justice also strengthen the sustainability of the local economy. The implications of this study affirm the importance of integration between Sapta Pesona, community-based tourism, and sharia economic value in creating sustainable and inclusive tourism.

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Jawa timur

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