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Yurisprudentia: Jurnal Hukum Ekonomi
Published by Institut Agama Islam Negeri Padangsidimpuan
ISSN : 24426822     EISSN : 25805134     DOI : -
Core Subject : Religion, Economy, Humanities,
Religion Humanities Economics, Econometrics & Finance
Yurisprudentia; Jurnal Hukum Ekonomi, ISSN Cetak: 2442-6822; ISSN ONLINE: 2580-5134, publishes scientific writings in the form of research results, literature reviews, conceptual articles and actual issues that are relevant and focused in the field of Islamic economics. The editor accepts that the article has not been published in other media with the format of writing as stated in the page script writing guidelines. Yurisprudentia; This Islamic Economics Journal was established in 2015, published by IAIN Padangsidimpuan Fakultas Syariah dan Ilmu Hukum twice a year, in June and December
Arjuna Subject : Ilmu Ekonomi, Ekonometrika dan Keuangan (semua kategori) - Ilmu Ekonomi, Ekonometrika dan Keuangan (Lain-Lain)
Articles 10 Documents
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Search results for , issue "vol 12, no 1 (2026)" : 10 Documents clear
Reconstruction of Economic Law Regulations: Strengthening Buy Now Pay Later (BNPL) Governance in the Digital Economy Era Fatahuddin Aziz Siregar
Yurisprudentia: Jurnal Hukum Ekonomi Vol 12, No 1 (2026)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/yurisprudentia.v12i1.20640

Abstract

The development of the digital economy has driven the transformation of financial services through the Buy Now Pay Later (BNPL) innovation that offers easy access to financing for the public. Behind its rapid growth, BNPL services also raise various legal issues, including unclear electronic contract clauses, weak consumer protection, misuse of personal data, irresponsible lending practices, and the lack of harmonization of legal arrangements that govern the BNPL ecosystem in Indonesia. This condition shows the need to reconstruct economic law regulations in order to be able to accommodate the development of financial technology while ensuring legal certainty and justice for all parties. This study aims to analyze the weaknesses of economic law regulations in BNPL governance and formulate a regulatory reconstruction model that is adaptive to the development of the digital economy. The research uses normative legal methods with laws and regulations, conceptual, and comparative approaches. Primary legal materials in the form of regulations regarding consumer protection, electronic transactions, personal data protection, and the financial services sector are analyzed qualitatively through interpretation, synchronization, and legal construction techniques. The results of the study show that BNPL regulations are still sectoral, not yet integrating consumer protection, personal data governance, transparency of credit scoring algorithms, and comprehensive cross-sector supervision. This research offers a reconstruction model of economic law regulations that focuses on regulatory harmonization, strengthening the principle of responsible lending, operator accountability, personal data protection, transparency of electronic contracts, and risk-based supervision mechanisms to realize fair, adaptive, and sustainable BNPL governance in the digital economy era.
Legal Certainty of the Commission System in TikTok Content Monetization: A Contemporary Business Law Review Nurhotia Harahap; Nurhalima Hasibuan
Yurisprudentia: Jurnal Hukum Ekonomi Vol 12, No 1 (2026)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/yurisprudentia.v12i1.19873

Abstract

The transformation of the digital economy has encouraged the development of the creator economy which has made TikTok one of the main platforms for content monetization through the commission system (TikTok Affiliate). Although it provides great economic opportunities for content creators and business actors, the practice still faces problems of legal certainty, especially related to the legal relationship between the parties, transparency of the commission mechanism, changes to platform policies, and the protection of the economic rights of creators. This study aims to analyze the legal certainty of the commission system in monetizing TikTok content based on the perspective of contemporary business law enriched by the analysis of Sharia Economic Law. The research uses normative juridical methods with legislative, conceptual, and analytical approaches. Legal materials include the Civil Code, Law Number 1 of 2024 concerning Electronic Information and Transactions, the Consumer Protection Law, Government Regulation Number 71 of 2019, the DSN-MUI Fatwa regarding ju'ālah, samsarah, and wakālah bi al-ujrah contracts, as well as various related literature. The results of the study show that the commission system on TikTok Affiliate is a legally valid contractual relationship based on electronic contracts, but its implementation does not fully reflect legal certainty because there is still a lack of algorithm transparency, unilateral policy changes, an imbalance in bargaining positions, and weak dispute resolution mechanisms. Viewed from the perspective of contemporary business law, the commission system on digital platforms is allowed as long as it meets the principles of contract clarity, fairness, transparency, and avoidance of gharar elements. Therefore, adaptive regulations are needed that harmonize positive laws with sharia principles to strengthen legal certainty, protection of creators' economic rights, and accountable digital platform governance.
Oversight And Law Enforcement Gaps In Halal Certification Of Imported Products In Indonesia Muhammad Romi; Sri Indriyani Ali; Adamu Abubakar Muhammad
Yurisprudentia: Jurnal Hukum Ekonomi Vol 12, No 1 (2026)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/yurisprudentia.v12i1.19777

Abstract

This study aims to analyze the implementation gaps in the halal product certification system concerning the supervision and law enforcement of halal-certified imported products in Indonesia, particularly in strengthening consumer protection within the global halal trade system. The study employs a qualitative method with a normative juridical approach based on library research. Data were obtained from legislation, institutional reports, court decisions, and relevant academic literature, which were analyzed using the perspectives of law enforcement theory, public policy, halal supply chain management, and maqāṣid al-syarī‘ah. The findings reveal that Indonesia has established a relatively comprehensive regulatory framework through Law No. 33 of 2014 on Halal Product Assurance; however, its implementation remains suboptimal due to institutional fragmentation, overlapping authority among agencies, weak post-certification supervision, limited cross-border verification mechanisms, and the lack of an integrated risk-based monitoring system for imported products. Law enforcement is also constrained by inconsistent sanction implementation, weak inter-agency coordination, and limited supervisory capacity, which potentially undermines public trust in halal certification. Furthermore, differences in international halal standards and the complexity of global supply chains create additional challenges in ensuring halal integrity for imported products. The implications of this study emphasize the necessity of strengthening collaborative governance, harmonizing institutional authority, enhancing digital-based risk supervision, and integrating the principles of maqāṣid al-syarī‘ah into halal consumer protection policies to improve legal certainty, regulatory effectiveness, and public trust in the halal certification system in Indonesia.
IMPLEMENTASI ASAS ITIKAD BAIK DALAM KONTRAK PADA TRANSAKSI BISNIS DIGITAL Maulidina Sari; Aveciena Yoe; Nurul Laylan Hsb; Moh. Hamzah
Yurisprudentia: Jurnal Hukum Ekonomi Vol 12, No 1 (2026)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/yurisprudentia.v12i1.19963

Abstract

Electronic contracts have gained recognition as legal instruments in the Indonesian legal system. However, the implementation of the principle of good faith in digital business transactions still faces various challenges, such as an imbalance in the position of the parties, the use of standard clauses that tend to be one-sided, and the increased risk of misuse and leakage of personal data. This condition shows that there is a gap between normative arrangements and contractual practices in the digital space which has implications for legal certainty, justice, and legal protection for the parties. This research aims to analyze the implementation of the principle of good faith based on Article 1338 paragraph (3) of the Civil Code and examine the legal consequences and forms of accountability for violations of this principle in digital business transactions. The research uses normative juridical methods with legislative, conceptual, and case approaches. The results of the study show that the principle of good faith has evolved from the concept of subjective honesty to an objective standard that demands transparency, information disclosure, personal data protection, and a balance of rights and obligations of the parties at all stages of the contractual relationship. However, its implementation is still constrained by the disproportionate use of standard clauses, unilateral cancellation of transactions, weak personal data protection, and suboptimal supervision of digital business actors. Violations of the principle of good faith can cause legal consequences in the form of default, unlawful acts, the obligation to pay compensation, and administrative sanctions in accordance with the provisions of laws and regulations. Therefore, it is necessary to strengthen regulations, increase business compliance by business actors, and more effective supervision to realize legal certainty, justice, and trust in the digital business ecosystem in Indonesia.
Transformation of Electronic-Based Licensing Services in Realizing Investment Certainty: An Economic Law Analysis Anne Nurjanah
Yurisprudentia: Jurnal Hukum Ekonomi Vol 12, No 1 (2026)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/yurisprudentia.v12i1.17313

Abstract

The transformation of electronic-based licensing services is one of the government's strategies in creating a conducive investment climate through increasing legal certainty, bureaucratic efficiency, and transparency of public services. The implementation of the digital licensing system not only functions as an administrative instrument of government, but is also an important part of the development of economic laws that support ease of doing business and protection for investment actors. This study aims to analyze the transformation of electronic-based licensing services through the Integrated Licensing Service Information System (SIPPADU) in realizing investment certainty based on the perspective of economic law. The research uses an analytical descriptive method with a normative juridical approach supported by empirical data through interviews, literature studies, analysis of laws and regulations, and official documents. The results of the study show that the implementation of SIPPADU has increased the efficiency of the licensing process, strengthened transparency, accelerated services, and reduced maladministration practices that have the potential to hinder investment activities. From an economic law perspective, the system contributes to strengthening legal certainty, increasing investor confidence, and supporting the creation of a more competitive business climate. However, the effectiveness of implementation still faces obstacles in the form of limited digital infrastructure, human resource competence, inter-agency system integration, and low digital literacy among some people. Therefore, it is necessary to strengthen regulations, increase the capacity of apparatus, optimize information technology, and harmonize licensing policies so that the transformation of electronic-based services is able to provide a guarantee of investment certainty in a sustainable manner and encourage national economic growth.
Chain Model Based On Maqasid Syariah And Sdgs: Digital Economic Empowerment Strategy For Women Victims Of Child Marriage In Lombok Benny Sultan; Deva Nabilah; Khadijatul Musanna; Deva Yulinda
Yurisprudentia: Jurnal Hukum Ekonomi Vol 12, No 1 (2026)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/yurisprudentia.v12i1.19891

Abstract

Child marriage in Lombok is still a serious problem that strengthens the structural marginalization of women through school dropouts, economic dependence, and low access to the digital economy. Various empowerment programs have been implemented, but there is no model that integrates the values of Maqasid Sharia, the Sustainable Development Goals (SDGs), and a comprehensive digital economy empowerment strategy. This research aims to construct and validate the Chain Model based on Maqasid Syariah and SDGs as a digital economy empowerment strategy for women victims of child marriage in Lombok. The research uses a qualitative approach with an instrumental case study method. The data was obtained through in-depth interviews with 24 informants consisting of women victims of child marriage, religious leaders, program facilitators, and policy makers, and strengthened through focus group discussions and document analysis. The analysis was carried out using thematic analysis with a gender perspective. The results of the study show that women victims of child marriage face economic vulnerability, low digital financial literacy, and high risk of digital economy exploitation. The Chain Model developed integrates the five principles of Maqasid Syariah with the target of SDGs 1, 4, 5, and 8 through seven systematic intervention chains. This model has been proven to strengthen digital financial literacy, increase economic confidence, and expand women's participation in digital platform-based micro-enterprises. These findings offer a contextual, sustainable, and relevant empowerment model as a basis for strengthening policies for women victims of child marriage.
Late Fines on Paylater Tiktok Services: A Review of Civil Law and a Compilation of Sharia Economic Law Yuswalina -; Sandy Wijaya; Kurnia Rahmawati
Yurisprudentia: Jurnal Hukum Ekonomi Vol 12, No 1 (2026)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/yurisprudentia.v12i1.19808

Abstract

Advances in financial technology have driven the use of “pay-later” services on e-commerce platforms, including TikTok PayLater. However, the regulations regarding late payment penalties in these services raise academic questions due to differences in legal framework between the Civil Code (KUH Perdata) and the Compilation of Sharia Economic Law (KHES). This study aims to analyze the validity of applying late payment penalties on TikTok PayLater from the perspectives of civil law and Islamic economic law, as well as to identify the points of divergence in their regulations. The study employs a literature review (library research) using a normative legal approach. Primary data was obtained from the TikTok PayLater terms of service, while secondary data was sourced from legislation, the KHES, and relevant literature. The data were analyzed qualitatively using documentation techniques. The results indicate that a late payment penalty of IDR 80,000 per 25 days is justifiable under the Civil Code (KUH Perdata) pursuant to Article 1243, provided it is based on a breach of contract and has been validly agreed upon by the parties. Conversely, based on KHES, the legal relationship in such services is more appropriately classified as a qardh contract; thus, the imposition of penalties that provide additional benefits to the creditor has the potential to conflict with the principle prohibiting riba. From a Sharia perspective, penalties for late payment are only justified in the form of ta’widh as compensation for actual losses, not as an instrument that generates profit. Thus, this study confirms the existence of a discrepancy between the regulations on late payment penalties in civil law and Sharia economic law regarding the TikTok PayLater practice.
Transformation of Artificial Intelligence (AI) Based Credit Risk Assessment in Sharia P2P Lending: Perspectives Economic Law and Positive Law of Indonesia Masir Rambe; Syilvia Kurnia Ritonga
Yurisprudentia: Jurnal Hukum Ekonomi Vol 12, No 1 (2026)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/yurisprudentia.v12i1.19443

Abstract

This study aims to analyze the transformation of the use of Artificial Intelligence (AI) in credit risk assessment on the Sharia Lending Peer-to-Peer (P2P) platform and examine its conformity with the principles of sharia economic law and positive legal regulations in Indonesia. The use of AI is able to increase the speed, accuracy, and efficiency of the credit analysis process, but at the same time raises normative issues related to the validity of digital contracts, algorithm transparency, organizer accountability, personal data protection, and compliance with the principles of justice (al-'adl), trust, and benefits (maslahah). This research uses normative legal methods with legislative, conceptual, and philosophical approaches. Primary legal materials include DSN-MUI Fatwa Number 117/DSN-MUI/II/2018, POJK Number 10/POJK.05/2022, and Law Number 27 of 2022 concerning Personal Data Protection. The results of the study show that AI can be applied in Sharia P2P Lending as an instrument (wasilah) that is justified as long as its use supports the achievement of sharia goals (maqashid al-shari'ah) and does not contain elements of tyranny, gharar, or discrimination. However, AI characters that are black boxes have the potential to cause algorithmic bias, low transparency, and unclear legal accountability. On the other hand, national regulations have not regulated algorithm transparency standards or AI-based sharia supervision mechanisms comprehensively. Therefore, an integrative regulatory model is needed that synergizes sharia principles, AI ethics, and national law to realize legal certainty, substantive justice, and the sustainability of the sharia fintech ecosystem in the digital era.
Legal Protection for Consumers Victims of Illegal Online Loans in Indonesia: A Normative Study of Personal Data Misuse and Intimidating Billing Practices Vivi Sylvia Purborini; Jusrihamulyono A.HM; Hilman Jayadi
Yurisprudentia: Jurnal Hukum Ekonomi Vol 12, No 1 (2026)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/yurisprudentia.v12i1.19845

Abstract

The development of financial technology has expanded public access to financing services, yet it has also created opportunities for illegal online lending practices that harm consumers. This article analyses legal protection for consumers in illegal online lending, particularly regarding the misuse of personal data and intimidating debt collection practices that are often used as instruments of pressure against debtors. This study employs a normative juridical method with statutory and conceptual approaches. The legal materials examined include the Consumer Protection Law, the Personal Data Protection Law, the Electronic Information and Transactions Law, the Financial Sector Development and Strengthening Law, and regulations issued by the Financial Services Authority concerning consumer protection and information technology-based joint funding services. The findings show that illegal online lending creates complex legal problems because the violations are not limited to the absence of business licences, but also include violations of privacy rights, lack of information transparency, verbal threats, dissemination of personal data, and social pressure against consumers and third parties. Existing legal instruments provide an adequate normative basis for consumer protection, but their effectiveness remains limited because illegal actors operate outside the licensing system, frequently change their digital identities, and are difficult to reach through administrative supervision. Therefore, consumer protection must be implemented through an integrated preventive, repressive, and restorative approach. This article recommends strengthening inter-agency coordination, improving digital financial literacy, systematically blocking illegal applications, enforcing the law against personal data misuse, and restoring victims’ rights. These findings emphasise the importance of ensuring a balance between financial technology development, legal certainty, and the protection of consumer dignity within Indonesia’s increasingly complex digital economy.
Analysis of Islamic Economic Law on Economic Rights of Domestic Violence Victims Wives in Indonesia 2020–2025 Munawwir Ramadhan
Yurisprudentia: Jurnal Hukum Ekonomi Vol 12, No 1 (2026)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/yurisprudentia.v12i1.20503

Abstract

Domestik Violence (DV) is one of the most massive human rights violations in Indonesia, especially economic violence against wives. It encompasses livelihood neglect, asset seizure, prohibition from working, and financial exploitation. The novelty of this study lies in the simultaneous integration of three analyzes covering that it has not been discussed in previous literature: (1) longitudinal statistical analysis of Komnas Perempuan's Annual Notes (CATAHU) 2020-2025, (2) normative reconstruction of Islamic Economic Law grounded in livelihood, al-milkiyyah al-mustaqillah, and maqashid al-syari'ah, and (3) comparative analysis with international human rights instruments (UDHR, ICESCR, CEDAW) and national positive law. The method uses normative legal research using statutory, conceptual, and comparative approaches. Findings reveal an increasing trend in economic violence cases from 680 (2020) to 5,942 (2025). Islamic Economic Law provides a strong normative foundation for protecting wives' economic rights, while the PKDRT Law has yet to deliver optimal economic recovery for victims. This study recommends regulatory harmonization based on Islamic Economic Law and Human Rights principles, strengthened livelihood enforcement through religious courts, and the establishment of an integrated economic protection fund for domestic violence victim wives.

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