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INDONESIA
Sharia Oikonomia Law Journal
Published by Yayasan Adra Karima Hubbi
ISSN : 29885191     EISSN : 29885205     DOI : 10.70177/solj
Core Subject :
The Sharia Oikonomia Law Journal explores various aspects of Sharia economic law and the evolving economic challenges. Its primary focus includes the impact of digital transformation on Islamic finance, such as fintech and blockchain, as well as the role of Sharia financial instruments (zakat, waqf, sukuk) in achieving sustainable development goals. The journal also addresses the harmonization of Sharia economic law with national legal systems, Islamic business ethics, and social finance in promoting economic inclusion. Furthermore, it examines the application of Sharia economic systems in emerging markets and the role of Sharia finance in crisis management. With an interdisciplinary perspective, Sharia Oikonomia Law Journal aims to be a leading reference for academics, practitioners, and policymakers in the field of Sharia economic law.
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Articles 7 Documents
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Search results for , issue "vol. 4 no. 3 (2026)" : 7 Documents clear
CONFLICT MANAGEMENT IN MUSLIM FAMILIES AS A MEANS OF PREVENTING DIVORCE FROM THE PERSPECTIVE OF ISLAMIC FAMILY LAW Ike Yulisa; Rachel Chan
Sharia Oikonomia Law Journal Vol. 4 No. 3 (2026)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/solj.v4i3.3997

Abstract

The rising divorce rate among Muslim families indicates that domestic conflicts have not been effectively managed in accordance with the principles of Islamic family law. Conflicts stemming from economic factors, communication, gender roles, and differences in religious values often escalate into prolonged disputes that lead to divorce, even though Islam regards divorce as a last resort. This study aims to analyze the concepts and practices of conflict management in Muslim families from the perspective of Islamic family law as a preventive measure against divorce. The study employs a library research method with a descriptive qualitative approach. Data is sourced from classical and contemporary fiqh literature, academic journals, scholarly works, and Islamic family law regulations. Analysis is conducted using content analysis techniques to systematically examine the relationship between the normative principles of Islamic family law and strategies for managing family conflicts. Research findings indicate that Islamic family law possesses a comprehensive normative framework for conflict resolution, encompassing the principles of ishlah (reconciliation), musyawarah (deliberation), and justice ('adl), as well as the mechanisms of nasihat (counseling) and tahkim (family arbitration). This framework has the substantive potential to serve as a preventive tool against divorce. However, its full realization is hindered by a lack of understanding and implementation in the daily lives of Muslim families. The gap between ideal norms and actual practices is the root of the problem that must be addressed through educational and institutional approaches. This study confirms that conflict management based on Islamic family law plays a strategic role in reducing divorce rates and strengthening the resilience of Muslim families. These findings are expected to contribute to the development of Islamic family law that is more responsive to the dynamics of contemporary family conflicts.
REGULATORY CONVERGENCE OR DIVERGENCE? A COMPARATIVE ANALYSIS OF SHARIA ECONOMIC DISPUTE RESOLUTION IN INDONESIA, MALAYSIA, AND THE GCC Muhammad Wahid Cahyana; Rika Novitasari; Tikka Dessy Harsanti; Meera Gupta
Sharia Oikonomia Law Journal Vol. 4 No. 3 (2026)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/solj.v4i3.4087

Abstract

Sharia economic dispute resolution is a critical component of Islamic finance, with varying institutional frameworks and procedural approaches across Southeast Asia and the Gulf Cooperation Council (GCC) states. Differences in tribunal specialization, arbitration adoption, and procedural codification create both convergence and divergence in dispute management practices. This study aims to provide a comparative analysis of Sharia economic dispute resolution mechanisms in Indonesia, Malaysia, and selected GCC countries, identifying patterns of regulatory alignment, institutional effectiveness, and procedural standardization. A qualitative-dominant research design was employed, combining doctrinal legal analysis, evaluation of tribunal guidelines, review of case law, and semi-structured expert interviews. Data were synthesized to assess tribunal specialization, resolution duration, arbitration use, and procedural compliance across jurisdictions. Results indicate that Malaysia and GCC states exhibit higher tribunal specialization, faster case resolution, greater adoption of arbitration frameworks, and more standardized procedures compared to Indonesia. Indonesia demonstrates longer case durations, lower procedural codification, and limited tribunal specialization, highlighting areas of regulatory divergence. The study concludes that regulatory convergence is partially evident between Malaysia and GCC, while Indonesia represents a divergent model, emphasizing the role of institutional design, procedural codification, and arbitration mechanisms in effective Sharia dispute resolution. Findings offer implications for harmonization initiatives, capacity building, and cross-border policy coordination in Islamic finance.
THE EFFECTIVENESS OF LEGAL PROTECTION FOR DEBTORS IN COLLATERAL EXECUTION: AN EMPIRICAL STUDY OF CREDIT AGREEMENTS AT KREDITPLUS FINANCE MADIUN BRANCH Inggit Septiyanto Noer Oemahati; Anik Tri Haryani; Krista Yitawati
Sharia Oikonomia Law Journal Vol. 4 No. 3 (2026)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/solj.v4i3.4094

Abstract

This study aims to comprehensively analyze the forms of legal protection for debtors regarding the imposition of late payment penalties in non-performing vehicle financing cases at the Madiun Branch of Kreditplus Finance. Using empirical legal research with a descriptive qualitative approach, the study reveals that legal protection is realized through preventive mechanisms, such as contract clause transparency, due date notifications, and credit restructuring, as well as repressive mechanisms via internal complaints, Financial Services Authority (OJK) mediation, and litigation. However, the implementation of this protection faces significant obstacles in the field. These obstacles include low debtor legal awareness, the dominance of unbalanced standard contracts, vulnerable economic conditions of the community, and technical banking operational constraints. In conclusion, although consumer protection regulations are available, the debtor's bargaining position in practice remains weak due to information asymmetry. Therefore, simplifying contract information and enhancing substantive oversight by the OJK are necessary to achieve justice and a sustainable balance of rights and obligations between creditors and debtors in the financial services sector.
EMPIRICAL ANALYSIS OF LEGAL PROTECTION AND DEFAULT DETERMINANTS IN CONSTRUCTION CONTRACTS: A CASE STUDY OF PT. DASH LEBANG PERKASA Zulfikar Andi Makmur; Sarjiyati Sarjiyati; Taufiq Yuli Purnama
Sharia Oikonomia Law Journal Vol. 4 No. 3 (2026)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/solj.v4i3.4098

Abstract

The construction industry plays a strategic role in national infrastructure development, yet service providers often face legal vulnerabilities due to imbalanced contractual relationships with project owners. This study aims to analyze the forms of legal protection afforded to construction service providers and to identify the determinants of default (wanprestasi) in construction work contracts, with PT. Dash Lebang Perkasa as the case study. Employing an empirical legal research design (normative-empirical), this study utilizes a statute approach and a conceptual approach, drawing on primary legal materials, secondary literature, and empirical field data spanning from 2019 to 2025. The findings reveal that legal protection operates through three interconnected dimensions: regulatory-substantive protection grounded in the Indonesian Civil Code and Law Number 2 of 2017 on Construction Services; contractual protection through meticulously drafted clauses on payment mechanisms, variation orders, force majeure, and retention funds; and procedural protection fortified by the company's legal transformation from a partnership (CV) to a Limited Liability Company (PT) in 2023. Meanwhile, default determinants are multi-causal, encompassing internal factors (time management, human resource limitations, insufficient capital buffers, and logistics weaknesses) and dominant external factors, particularly delayed milestone payments by project owners that paralyze operational cash flow. This study contributes to construction law literature by offering a comprehensive framework for equitable contractual risk management.
THE TRANSFORMATION OF CONSTITUTIONALISM IN THE NATIONAL CRIMINAL CODE: HARMONIZING CRIMINAL OFFENSES WITH HUMAN RIGHTS PROTECTION IN INDONESIA Ian Aji Hermawan
Sharia Oikonomia Law Journal Vol. 4 No. 3 (2026)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/solj.v4i3.4113

Abstract

This research analyzes the urgency of synchronizing the national criminal codification under Law Number 1 of 2023 with constitutional principles and human rights protection in Indonesia. Employing a normative legal method utilizing statutory and conceptual approaches, the study evaluates the vertical synchronization between new criminal norms and the 1945 Constitution. The findings reveal a significant constitutional paradox: the expansion of criminal offenses, particularly those protecting state dignity and formally recognizing living law, risks narrowing democratic spaces and undermining fundamental legal certainty. Specifically, the protection of public officials' dignity potentially distorts popular sovereignty, while the integration of unwritten customary law threatens the strict principle of legality. Consequently, this study concludes that constitutionalism must serve as the ultimate compass for criminal law enforcement to prevent authoritarian regression. It strongly recommends the urgent harmonization of derivative regulations, rigorous judicial oversight by the Constitutional Court, and enhanced constitutional literacy among law enforcement officials to prevent the abuse of state punitive power and safeguard civil liberties.
THE PROTECTION OF THE RIGHTS OF CHILDREN BORN OUT OF WEDLOCK FROM THE PERSPECTIVE OF JASSER AUDA'S MAQASID AL SHARIAH: AN INTEGRATIVE ANALYSIS OF LINEAGE, MAINTENANCE, INHERITANCE, AND CHILD PROTECTION POLICIES Irfan Hadi; Hamdan Hasan; Marini Abdul Djalal
Sharia Oikonomia Law Journal Vol. 4 No. 3 (2026)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/solj.v4i3.4210

Abstract

This study examines the protection of the rights of children born out of wedlock from the perspective of Jasser Auda’s contemporary maqasid al-shariah, supported by recent scholarly literature. The legal status of children born out of wedlock has long been dominated by classical Islamic jurisprudence, which tends to adopt a textual approach and may consequently give rise to social stigma, legal discrimination, and limited fulfillment of children’s rights. This study employs a library research method with a qualitative-philosophical approach to analyze legal reconstruction through the systems approach developed by Jasser Auda. The findings demonstrate that the contemporary maqasid paradigm shifts the orientation of ?if? al-nasl from merely preserving the legitimacy of lineage (nasab) toward ensuring comprehensive protection of children’s rights and human dignity. This reconstruction underscores the importance of recognizing biological parentage, fulfilling children’s maintenance (nafaqah) rights, and safeguarding their economic welfare through legal instruments such as the obligatory bequest (wa?iyyah w?jibah) and inter vivos gifts (hibah). Furthermore, the Constitutional Court Decision No. 46/PUU-VIII/2010 and the Child Protection Law demonstrate a convergence with the systems-based maq??id paradigm by prioritizing the best interests of the child. Therefore, the protection of the rights of children born out of wedlock should be implemented in a manner that is just, humane, and free from all forms of discrimination.
ANALYSIS OF SHARIA ECONOMIC LAW IN E-COMMERCE TRANSACTIONS Agus Satory; Haziq Idris; Sara Hussain
Sharia Oikonomia Law Journal Vol. 4 No. 3 (2026)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/solj.v4i3.4283

Abstract

E-commerce has expanded rapidly, yet its multilayered contractual structures create uncertainty regarding consent, ownership, financing, delivery, and consumer protection under Sharia economic law across increasingly complex and rapidly evolving markets. This study aimed to evaluate the Sharia compliance of e-commerce transactions and identify legal risks within digital commercial ecosystems. A mixed legal-research design combined normative juridical analysis, transaction auditing, platform-document review, consumer-complaint analysis, expert validation, and a structured Sharia Compliance Index. The dataset comprised 240 transactions, 96 platform documents, 72 verified complaints, and assessments from 18 experts. Results showed that 49.17% of transactions were fully compliant, 35.00% were conditionally compliant, and 15.83% were noncompliant. Direct marketplace sales achieved the highest compliance scores, whereas buy-now-pay-later and dropshipping models showed greater exposure to rib?, gharar, unclear ownership, hidden charges, misleading information, and unfair risk allocation. Price transparency, verified ownership or agency, delivery certainty, fair refund rights, and strong platform disclosure significantly increased compliance. The study concludes that e-commerce is permissible when the entire transaction architecture protects valid consent, lawful ownership, transparent pricing, consumer welfare, and equitable risk distribution. Comprehensive Sharia assessment must therefore examine sellers, platforms, financiers, suppliers, logistics providers, and digital interfaces rather than the primary sale alone.

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