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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 184 Documents
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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.

Page 19 of 19 | Total Record : 184

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