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Hamdan Arief Hanif
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INDONESIA
Sahaja : Journal Sharia and Humanities
Published by Universitas Darunnajah
ISSN : 29647096     EISSN : 28299396     DOI : https://doi.org/10.61159/sahaja.v3i1.174
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Sahaja specifications in the discourse of Sharia and Humanities. Sahaja invites scholars, researchers, and students to contribute the result of their studies and researches in the areas related. That aims to encourage and promote the study of the sharia and humanities from a wide range of scholarly perspectives. The journal focuses on Sharia and Humanities. It covers the studies of Sharia and Humanities accros different areas in the world (The Middle East, The West, Archipelago and other areas), Methodology of Sharia and Humanities. This journal warmly welcomes to any contributions from scholars of the related disciplines.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 94 Documents
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Legal Analysis of Online Loan Interest Rates from the Perspective of Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Competition Trinah Asi Islami; Meirza Aulia Chairani
Sahaja: Journal Sharia and Humanities Vol. 5 No. 1 (2026): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v5i1.794

Abstract

This study analyzes the regulation of online loan interest rates from the perspective of Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition, with a focus on KPPU Decision No. 05/KPPU-I/2025, which found that 97 fintech lending operators violated Article 5(1)(a) through collective price-fixing practices via the Indonesian Joint Funding Fintech Association (AFPI). Using a normative legal research method with a statutory approach and a conceptual approach, this study evaluates the alignment between OJK sector regulations (POJK No. 77/2016 as amended by POJK No. 40/2024) and KPPU competition law. Key findings indicate that the AFPI’s interest rate arrangement (from 1% to 0.3% per day) satisfies both subjective (horizontal agreements through meetings and digital communication) and objective (market distortion: 95% price uniformity, 27% reduction in innovation, 62% entry barriers) elements. A structural legal conflict arises between the OJK’s consumer protection mandate and the KPPU’s market competition mandate, creating regulatory arbitrage where sector compliance constitutes a horizontal violation. A comparative analysis confirms that vertical regulatory models (India-RBI, UK-FCA) are more effective than AFPI’s self-regulation. Critical discussions highlight the regulatory paradox: the intent to protect consumers actually hinders market efficiency and credit access for the unbanked segment. The study recommends systemic reforms, including vertical regulation by the OJK, an OJK-KPPU joint task force, repositioning the AFPI’s functions as soft law, and harmonizing Law No. 4/2023 on the Development and Strengthening of the Financial Sector (P2SK Law) with Law No. 5/1999 (Anti-Monopoly Law). This case sets a precedent that the state regulator has exclusive authority over price setting in the platform economy, while also serving as a momentum for the transition from self-regulation to convergent oversight for a sustainable fintech ecosystem.
Copyright Of Communal Cultural E Copyright Of Communal Cultural Expressions From An Indonesian Legal Perspective: An Analysis Of Supreme Court Decision No. 591 K/Pdt.Sus-Hki/2024 Anik Tri Haryani; Retno Catur Kusuma Dewi
Sahaja: Journal Sharia and Humanities Vol. 5 No. 1 (2026): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v5i1.796

Abstract

Supreme Court Decision No. 591 K/Pdt.Sus-HKI/2024 marks a significant milestone in the legal protection of communal cultural expressions (EBK) in Indonesia. This case involved the copyright registration of the Human Personal Symbol by an individual, which was deemed unlawful because the symbol is part of the Sapta Darma religious teachings and constitutes collective cultural heritage. The Court ruled that the symbol cannot be claimed as an exclusive personal right, as it lacks the element of personal originality and possesses spiritual significance. This study employs a normative legal methodology with a legislative and case law analysis approach to examine the extent to which positive law protects CCE from individual claims. The research findings indicate that Law No. 28 of 2014 on Copyright explicitly protects traditional cultural expressions as state property and cannot be transferred to individuals. This ruling has significant implications for the development of a communal intellectual property registration system, the protection of collective moral rights, and the importance of indigenous communities’ involvement in legal processes. In conclusion, the state needs to strengthen a legal system that prioritizes cultural justice and the protection of communal rights so that the nation’s cultural heritage is not eroded by individual interests.
Integration of Local Wisdom and The Existence of Customary Law in Climate Change Mitigation Policies Sigit Sapto Nugroho; Angga Pramodya Pradhana
Sahaja: Journal Sharia and Humanities Vol. 5 No. 1 (2026): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v5i1.797

Abstract

This study aims to analyze the integration of local wisdom and the existence of customary law in climate change mitigation policies. The method used is normative juridical with an analytical and philosophical approach, through a review of laws and regulations, scientific literature, and previous research. The results show that local wisdom and customary law have a significant contribution to maintaining ecosystem balance and supporting climate change mitigation policies. However, their integration into policies remains normative and has not been accompanied by strengthening customary institutions. This study also found disharmony between customary law and state law and the challenges of modernization that weaken the existence of traditional values. Therefore, substantive legal recognition, strengthening customary institutions, and a collaborative approach (co-governance) are needed to optimize the role of indigenous communities in inclusive, adaptive, and sustainable climate change mitigation policies.
The Relevance Of Marriage Regulation In The Indonesian Civil Code To The Development Of National Marriage Law Dermina Dalimunthe; Nasruddin Khalil Harahap; Nur Azizah; Sawaluddin Siregar
Sahaja: Journal Sharia and Humanities Vol. 5 No. 1 (2026): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v5i1.798

Abstract

This study systematically examines the level of relevance of marriage regulations in the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata) to the development of national marriage law and its implications for legal harmonization and legal certainty. The analysis focuses on the paradigm shift in legal regulation following the enactment of Law Number 1 of 1974 on Marriage and the position of the Civil Code within the Indonesian positive legal system. This research is a normative legal study employing statutory, conceptual, and historical approaches. The analysis is conducted through a systematic review of the hierarchy of laws and regulations, the principle of lex specialis derogat legi generali, and the principle of normative harmonization within the national legal system. This study also applies a normative juridical approach by examining statutory regulations, legal doctrines, and relevant court decisions. The findings indicate a paradigm shift from a secular-contractual model toward a religious-administrative model. The Civil Code no longer serves as the primary legal framework governing marriage but instead functions in a residual and complementary capacity, insofar as it does not conflict with the Marriage Law. Normative harmonization through systematic interpretation is therefore essential to ensure consistency and legal certainty in judicial practice.

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