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Maulida Agustina Hidayatul Wahidah
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Journal of Sharia Economic Law
Published by Institut Agama Islam Sunan Giri Ponorogo
ISSN : -     EISSN : 2987095X     DOI : https://doi.org/10.37680/jshel
Core Subject : Economy, Humanities, Art, Social,
Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
This journal is published by Institut Sunan Giri Ponorogo and managet by depatment of Sharia Economic Law twice a year (June and December). The presence of the journal accommodates scientific writings from the academic community, researchers, students, and practices in Sharia Economic Law and law that have good values ​​and high rationality. The scope of the discussion about sharia economic law (muamalah) with sharia principle and values.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "vol. 4 no. 2 (2026)" : 6 Documents clear
Digital Platform Data And Algorithm Control In Competition And Islamic Law Perspective Toward Digital Ihtikar Nur Persmawati Sahar Putri; Veronica Cynthia Wibowo
Journal of Sharia Economic Law Vol. 4 No. 2 (2026)
Publisher : Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/jshel.v4i2.10185

Abstract

The rapid expansion of digital platforms has increased the concentration of control over user data and algorithmic systems, enabling dominant companies to influence market access, pricing visibility, and consumer behavior. This development raises significant concerns regarding market power and fair competition in the digital economy. This study examines the legal implications of data and algorithmic dominance through the perspectives of Indonesian competition law and Islamic economic law. It introduces the concept of digital ihtikar as a normative framework for understanding contemporary forms of monopolistic practices in digital markets. Using a normative legal research method with conceptual and comparative approaches, the study analyzes competition regulations alongside classical and contemporary interpretations of ihtikar in Islamic jurisprudence. The findings show that existing competition law has limitations in addressing algorithmic opacity and data-driven market gatekeeping. Meanwhile, Islamic economic principles provide a broader ethical foundation that emphasizes justice, fairness, and public welfare. Both legal perspectives recognize excessive control over data and algorithms as a form of digital ihtikar that undermines fair competition. The study concludes that reinterpreting ihtikar within the digital economy can strengthen legal responses to platform dominance while promoting more equitable and competitive digital markets.
Women's Representation in Parepare's 2024 Election: Affirmative Action, Voter Perceptions, and Islamic Law Dirga Achmad; Astinah; Azlan Thamrin; Rustam Magun Pikahulan; Muhammad Farham
Journal of Sharia Economic Law Vol. 4 No. 2 (2026)
Publisher : Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/jshel.v4i2.10470

Abstract

This study examines the effectiveness of affirmative action and voter perceptions of women's representation in the 2024 Parepare City DPRD election from the perspectives of fiqh siyasah and maqāṣid al-sharī'ah. It employed mixed methods with an explanatory sequential design, integrating a voter survey, interviews with election administrators, political parties, and women legislative candidates, and documentary analysis. The findings indicate that the minimum 30% quota has not yet yielded substantive representation of women. Women accounted for only 24% of elected members, while several political parties did not consistently meet the quota in every electoral district. Downward rounding, weak party support, tokenism, limited campaign resources, and gender stereotypes were the principal barriers. Voter perceptions are shifting from identity politics toward performance-based politics, with capacity, integrity, track record, and tangible impact serving as the main considerations. From the perspective of fiqh siyasah, affirmative action constitutes siyasah shar'iyyah aimed at realizing justice and public benefit. Regulatory reform, stronger cadre development, equal political support, and competency-based voter education are therefore required.
Batas Kewenangan Peradilan Agama dalam Penyelesaian Sengketa Pembiayaan Bank Syariah terhadap Debitor yang Dinyatakan Pailit Veronica Cynthia Wibowo; Nur Persmawati Sahar Putri; Budi Prasetyo Margono
Journal of Sharia Economic Law Vol. 4 No. 2 (2026)
Publisher : Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/jshel.v4i2.10467

Abstract

The authority of Religious Courts to resolve disputes concerning sharia bank financing is established under Religious Courts Law as part of sharia economic disputes. However, legal issues arise when a debtor fulfils the statutory requirements for bankruptcy under the Bankruptcy and Suspension of Debt Payment Obligations Law, placing the matter within the jurisdiction of the Commercial Court. This overlap raises questions regarding the limits of jurisdiction and legal certainty in resolving disputes arising from sharia financing. This study aims to examine the limits of the Religious Courts' authority in sharia bank financing disputes that result in bankruptcy and to analyse the legal certainty regarding the division of jurisdiction between the Religious Courts and the Commercial Courts. The research employs a normative legal method using statutory, conceptual, and case approaches. The findings indicate that the Religious Courts retain jurisdiction only while the dispute concerns the implementation of a sharia financing contract. Once the debtor is declared bankrupt, jurisdiction shifts to the Commercial Court. The study also finds a lack of harmonisation between the Islamic Banking Law, the Religious Courts Law, and the Bankruptcy Law. Therefore, the Bankruptcy Law should be revised to incorporate specific provisions on sharia bankruptcy.
Reinterpretation Of Sharia Economic Law In The Green Transition: A Juridical-Normative Analysis Of Sustainable Financial Instruments Based On Maqashid Al-Sharia In Indonesia Budi Prasetyo Margono; Vero Wibowo; Nur Putri
Journal of Sharia Economic Law Vol. 4 No. 2 (2026)
Publisher : Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/jshel.v4i2.10486

Abstract

The transition toward a green economy has become a global priority that integrates economic growth, social equity, and environmental sustainability. In Indonesia, this commitment was reinforced through the Financial Services Authority's (OJK) launch of the Indonesian Sustainable Finance Taxonomy (TKBI) version 3 in February 2026, which updated the 2022 Indonesian Green Taxonomy. This article examines the role of maqashid al-shariah as a philosophical and normative foundation within Indonesia's sustainable finance framework while evaluating the contribution of green Islamic finance instruments, including retail green sukuk, global green sukuk, and productive waqf, to achieving the 2060 net-zero emission target. Using a normative-juridical method with statute and conceptual approaches, supported by secondary data from OJK and the Ministry of Finance (2025–2026), the study finds that the principles of mizan (balance), amanah (responsibility), and hifz al-bi'ah (environmental preservation) strongly align with sustainable finance objectives. Nevertheless, implementation remains hindered by regulatory fragmentation, limited public literacy on green Islamic finance, and weak institutional coordination. The study recommends harmonizing the Financial Sector Omnibus Law (UU P2SK) with National Sharia Board fatwas and strengthening green Cash Waqf Linked Sukuk (CWLS) as an integrated eco-sharia financing instrument.
Evidentiary Challenges in Electronic Agreements in Digital Economic Transactions: Reconstructing Legal Certainty and the Protection of the Parties Nabila Secioria Ciptaning Gusti; Aditya Maulana Rizky
Journal of Sharia Economic Law Vol. 4 No. 2 (2026)
Publisher : Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/jshel.v4i2.10577

Abstract

Digital transformation has fundamentally reshaped contractual relationships, particularly in digital economic transactions. Electronic agreements offer efficiency and convenience but also raise evidentiary challenges concerning party authentication, document integrity, electronic signatures, system reliability, and transaction traceability. This study examines the legal position and evidentiary strength of electronic agreements in digital economic transactions. It proposes a reconstruction of evidentiary mechanisms to strengthen legal certainty and protect the parties. Using normative juridical research with statutory, conceptual, and case approaches, the study analyzes Indonesian legal regulations and the development of electronic evidence in civil proceedings. The findings show that Indonesian law recognizes electronic information and electronic documents as legally valid evidence. However, their evidentiary strength depends on establishing the authenticity, integrity, reliability, and traceability of electronic transactions. Accordingly, this study proposes a Four-Parameter Reconstruction Model comprising Authentication, Integrity, System Reliability, and Transaction Traceability. The model provides an integrated framework for verifying the identity and authority of contracting parties, maintaining document integrity, assessing system reliability, and establishing verifiable transaction trails. The study concludes that the model can strengthen evidentiary mechanisms, legal certainty, balanced party protection, trust, and efficiency in the digital economy.
Sharia Economic Law Analysis of the Sale and Purchase of Sengon Trees with Delayed Felling in Sidogedung Batu Village, Bawean, Gresik Awaliyatin Zahira; Ulfatun Najihah
Journal of Sharia Economic Law Vol. 4 No. 2 (2026)
Publisher : Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/jshel.v4i2.10626

Abstract

The practice of buying and selling sengon trees with delayed felling in Sumber Torak Hamlet, Sidogedung Batu Village, Bawean, Gresik, is a form of muamalah that has developed to meet local economic needs. In this practice, the buyer pays the agreed price in cash upon contract execution, while the trees remain standing until the agreed time for felling. This study aims to examine the practice, identify the factors that cause delays in felling, and analyze its compliance with Sharia Economic Law. Using an empirical qualitative approach and case study method, data were collected through observation, in-depth interviews with five sellers and buyers, and documentation. The findings show that delayed felling is influenced by the buyer’s time constraints, rainy weather, plantation accessibility, labor availability, and transportation efficiency. From the perspective of Sharia Economic Law, the practice is classified as mubah (permissible) because it fulfills the essential elements and validity requirements of a sale contract. It is based on mutual consent (an-taradhin), involves clearly defined, harvest-ready trees aged 5–6 years, avoids gharar and ijon, and provides mutual benefit (al-maslahah) to both parties.

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