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ASAS : Jurnal Hukum Ekonomi Syariah
Published by Universitas Islam Negeri Raden Intan Lampung
ISSN : 19791488     EISSN : 27228681     DOI : https://dx.doi.org/10.24042/asas.v12i2.8272
Core Subject : Religion, Economy, Social,
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Asas (ISSN 1979-1488 E-ISSN:2722-8681) is a biannual journal (June and December), published by Faculty of Sharia, State Islamic University of Raden Intan Lampung, INDONESIA. Asas emphasizes Scientific Journal of Syari’ah Economic Law studies and communicates researches related to Syari’ah Economic Law studies As an academic journal Asas by the State Islamic University of Raden Intan Lampung. The purpose of this journal publication is of disseminate the latest theories and research results from all aspects that have been achieved in the fields of Syari’ah Economic Law. This journal publishes useful works through a systematic process and can be accessed free of charge. Asas is indexed by: DOAJ; Crossref; Moraref; ROAD; Garuda; Google Scholar; CiteFactor; Academic Scientific Journals; Academia.edu; Mendeley; ISSUU; LIPI: Indonesian Publication Index; DRJI: Directory of Research Journals Indexing; ISSUU index; Cosmos Impact Factor; ISJD: Indonesian Scientific Journal Database, Grammarly.
Arjuna Subject : Umum - Umum
Articles 322 Documents
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Reconstruction of the Politics of Sharia Economic Law in Waqf Regulation in Indonesia Noor Rizqi, Muhammad; Maksum, Muhammad; Mahmudi, Ibnu Aqil
ASAS Vol. 17 No. 02 (2025): Asas, Vol. 17, No. 02 Desember 2025
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/asas.v17i2.30103

Abstract

The development of waqf regulation in Indonesia demonstrates a significant reconstruction of the politics of sharia economic law. Since the enactment of Law Number 41 of 2004 on Waqf and its implementing regulations, the paradigm of waqf has shifted from a form of charitable religious practice toward a productive instrument of economic development. The state has not only strengthened waqf institutions through the establishment of the Indonesian Waqf Board (Badan Wakaf Indonesia/BWI), but has also expanded the forms and management of waqf in line with modern economic dynamics, including cash waqf, corporate waqf, share waqf, and digital waqf. This transformation reflects political–legal intervention in integrating sharia values into national economic policy. This study aims to analyze the reconstruction of the politics of sharia economic law through waqf regulation in Indonesia by examining the relationship between sharia idealism and the state’s economic development interests. The research employs a political–legal approach using normative–sociological analysis of waqf legislation and its socio-economic context. The findings indicate that waqf policy in Indonesia represents a model of pragmatic idealism, namely a compromise between maqāṣid al-sharī‘ah and the state’s orientation toward economic productivity. The novelty of this study lies in positioning waqf as a policy laboratory for sharia economic law that is adaptive to contemporary economic conditions. This research contributes to the discourse on the politics of sharia economic law and recommends strengthening the balance between the spiritual values of waqf and the objectives of sustainable economic justice.
Sociological Dimensions in the Implementation of Salam Contracts in Rambutan Trade Transactions in Tangkiling, Central Kalimantan Rifai, Agus; Hidayati, Tri; Mohd Zahir, Mohd Zamre
ASAS Vol. 17 No. 02 (2025): Asas, Vol. 17, No. 02 Desember 2025
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/asas.v17i2.29434

Abstract

The implementation of salam contracts in agricultural trade often faces tension between classical fiqh norms and local socio-economic dynamics, including in rambutan trade transactions in Tangkiling, Central Kalimantan. The discrepancy between the legal pillars and requirements of salam and trust-based social relations raises questions regarding the validity and normative transformation of such contracts within agrarian communities. This study aims to analyze the sociological dimensions of salam contract implementation in rambutan trade transactions in Tangkiling and to identify the social factors influencing these practices. This research employs a qualitative approach with a field study design, utilizing in-depth interviews, participatory observation, and document analysis. The data were analyzed descriptively and analytically using the perspective of Islamic legal sociology. The findings reveal that salam practices are conducted informally through trust-based transactions, flexible price negotiations, and adaptive arrangements in response to harvest fluctuations. Social solidarity, patron–client relationships, and farmers’ liquidity needs emerge as key determinants shaping transaction patterns. From a normative perspective, several elements of the salam contract are fulfilled; however, flexibility in determining product specifications and delivery time is influenced by local socio-economic contexts. The study highlights the importance of a contextual approach in understanding salam contract implementation and recommends strengthening community-based fiqh muamalah literacy to enhance legal certainty and protection for all parties involved.
Utilization Of Productive Zakat Through The Indonesian Primary Agroative Producers Cooperative (KPAPI) In The Development Of Horticulture Agriculture Maulana, Riki; Cahya Komala, Neng; Maulana, Sahrul; Istiqamah, Nimatul
ASAS Vol. 18 No. 01 (2026): Asas, Vol. 18, No. 01 Juni 2026
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/asas.v18i1.29696

Abstract

Community welfare is one of the main objectives of the Unitary State of the Republic of Indonesia as stated in the Preamble to the 1945 Constitution. Zakat as an Islamic economic instrument has strategic potential to support economic and social development, particularly through productive zakat. However, the utilization of zakat in Indonesia is not optimal due to low public literacy, weak management of nadzir, and lack of government support. This study aims to explore the potential of productive zakat in supporting community economic empowerment, with a focus on the development of halal tourism. This study uses a qualitative approach through a case analysis of the management of Land of Zakat Teras Lembang managed by the Sinergi Foundation. The research method used is a qualitative methodology and an empirical legal approach, is to determine how zakat is implemented in zakat administration from the perspective of Islamic economic law. The results show that zakat management through nadzir innovation with a business model based on Mudharabah and Ijarah contracts can increase the economic and social value of the surrounding community. Productive zakat contributes to the growth of Micro, Small, and Medium Enterprises (MSMEs), the provision of employment, the development of halal tourism infrastructure, and increased regional income. Furthermore, the integration of zakat with halal tourism creates a sustainable development model aligned with Sharia principles, encompassing spiritual, social, economic, and environmental aspects. This study recommends the importance of collaboration between nadzir (managers), the government, the private sector, and the community to strengthen transparent, professional, and technology based productive zakat governance. These findings are expected to serve as a reference in formulating more effective zakat management policies and strategies to promote community welfare and Sharia-based economic growth.
Assesing Murābaḥah Compliance After Regulatory Reform a Normative Study in Indonesia Sharia Banking Prayitno, Farrel Izham; Rabbani, Andi Muh Shafwan; Mufiz, Muhammad Alif
ASAS Vol. 18 No. 01 (2026): Asas, Vol. 18, No. 01 Juni 2026
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/asas.1801.29942

Abstract

Murābaḥah contracts constitute the most widely used financing instrument in Indonesian sharia banking; however, concerns persist regarding the substantive alignment between contractual practices, DSN-MUI fatwas, and regulatory standards. Although POJK No. 12/POJK.03/2021 was enacted to strengthen sharia governance, systematic post-regulatory assessments of murābaḥah implementation remain limited. This study examines the extent and patterns of disparities in the implementation of DSN-MUI fatwas on murābaḥah contracts in Indonesian sharia banking practices after the enactment of the regulation. The research employs a normative simulation-based approach using secondary data, including DSN–MUI fatwas, Financial Services Authority regulations, and standardized murābaḥah contract documents issued during the 2021-2024 period. A structured normative compliance model was applied to assess four key parameters: ownership transfer, contractual structure, profit margin determination, and risk allocation. The findings show that while formal compliance with regulatory and fatwa provisions has improved in the post-2021 period, substantive sharia compliance remains uneven. Most murābaḥah contracts demonstrate partial compliance, particularly due to deficiencies in ownership transfer and risk-bearing mechanisms, whereas profit margin determination shows relatively higher conformity. These results indicate that murābaḥah is frequently implemented as a financing mechanism rather than as a genuine sale-based contract in accordance with Islamic commercial jurisprudence. Overall, the findings demonstrate that regulatory reform alone is insufficient to ensure substantive sharia compliance without sustained institutional commitment.
ILegal Certainty and Consumer Protection in Halal Certification of Children's Snacks Containing Pork: A Sharia Economic Law Perspective Muhamad Shofiyudin; Cucu Susilawati; Dian Herdiana; Khalid Bhatti, Omar
ASAS Vol. 18 No. 01 (2026): Asas, Vol. 18, No. 01 Juni 2026
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/asas.1801.30496

Abstract

The incident in the case of children's snacks certified halal but containing pork elements raises serious issues related to the legal certainty of halal certification and consumer protection, especially Muslim consumers and children. In this condition, a more in-depth study is needed regarding the governance of halal certification and the implemented oversight mechanisms, especially regarding food products circulating in the market and consumed by the public or Muslim consumers. This study aims to analyze the legal certainty of halal certification and consumer protection in the case of children's snacks contaminated with pork in Indonesia from the perspective of Sharia Economic Law and the Consumer Protection Law. The research method used is qualitative with an empirical juridical approach and analytical descriptive method, through interviews with BPJPH and consumers as well as a literature study of related laws and regulations and fatwas. This study fills the gap in the study regarding the legal certainty of halal certification for products that have obtained halal certification but are later proven to contain pork elements. The research findings indicate that the weakness of the traceability system, post-halal certification supervision of products that have been certified but are proven to contain pork elements and internal halal audits of companies are the main factors that cause changes or non-conformities in raw materials not to be detected early. As a result, non-halal elements can enter the production process and are only revealed after laboratory testing is carried out on products circulating in the community. From the perspective of Sharia Economic Law, this condition reflects a violation of the principles of trust, honesty, and the prohibition of tadlis and gharar, while in the Consumer Protection Law, this incident is a violation of consumers' rights to correct information and a sense of security.
Implementation of Sharia Economic Dispute Mediation at the Garut Religious Court in Case Number 2/Pdt.GS/2022/PA.Grt Yulianti, Yeni; Dedah Jubaedah; Rusmani; Agi Attaubah; Jaenuddin; Muhammad Arzaki
ASAS Vol. 18 No. 01 (2026): Asas, Vol. 18, No. 01 Juni 2026
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/asas.1801.31172

Abstract

The increase in sharia-based economic activity has resulted in the emergence of various potential disputes between parties, particularly between sharia financial institutions and their customers. To ensure fair, expeditious, and cost-effective dispute resolution, the religious justice system mandates mediation as part of the legal process in the Religious Courts. The issues examined in this research are how mediation is implemented in resolving sharia economic disputes and the factors influencing its success. This research aims to analyze the role and effectiveness of mediation in sharia economic disputes and identify obstacles encountered in practice. The research method used is empirical juridical with a statutory regulatory approach and a conceptual approach, supported by a literature review of primary and secondary legal materials. The results indicate that mediation is normatively regulated comprehensively and holds a significant role in resolving sharia economic disputes. However, its implementation has not been optimal due to the low level of good faith of the parties, limited understanding of sharia contracts, and the suboptimal role of mediators. This study concludes that optimizing mediation requires improving the quality of mediators and the legal awareness of the parties so that the goal of resolving disputes peacefully and fairly can be achieved.
Islamic Fintech Regulation and Competition: Analysis of Their Impact on the Innovation of Islamic Financial Institutions in Indonesia Shofa Robbani; Windiyanti Laily Nuraini; Fitri Nadziratul Hikmah; Mohammad Naufal Ridlo Fasya; Muhammad Nazir Alias
ASAS Vol. 18 No. 01 (2026): Asas, Vol. 18, No. 01 Juni 2026
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/asas.1801.31183

Abstract

This study examines the relationship between Sharia regulation and competition in the Sharia fintech industry in driving innovation within Sharia financial institutions in Indonesia. The development of Sharia fintech places Islamic financial institutions in a complex position because compliance with regulatory frameworks and Sharia principles, including the implementation of contracts (akad), must align with the need for rapid innovation in the digital financial sector. This condition raises the question of whether regulation and Sharia compliance function as enabling instruments for innovation or instead become obstacles to industry development. This research employs a normative juridical method using statutory, conceptual, and comparative approaches. The analysis focuses on Sharia fintech regulations, principles of Sharia compliance, and the implementation of contracts in digital financial services. The findings indicate that adaptive, integrated, and responsive regulation can provide legal certainty, enhance public trust, strengthen consumer protection, and promote sustainable innovation. In contrast, rigid regulatory frameworks and inflexible Sharia compliance mechanisms may hinder technological development, particularly in adapting Sharia contracts to digital platforms. Competition among Sharia fintech providers encourages service efficiency, product diversification, improved user experience, and innovation in developing digital Sharia-compliant contracts. The novelty of this study lies in positioning regulation, competition, and Sharia compliance as interconnected factors shaping innovation. This study recommends strengthening an innovation-oriented Sharia governance model to foster an innovative, competitive, inclusive, and sustainable Sharia fintech ecosystem in Indonesia.
Codification and Legal Legitimization of Islamic Economic Law in Indonesia’s National Legal System Sari, Junia; Wira, Ahmad; Hendra, Testru; Salmy Edawati Yaacob
ASAS Vol. 18 No. 01 (2026): Asas, Vol. 18, No. 01 Juni 2026
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/asas.1801.31315

Abstract

This study analyzes the codification and legal legitimization of Islamic economics in strengthening the Islamic economic system in Indonesia. This study is motivated by the growing need for legal certainty and formal recognition of the ever-evolving practices of Islamic economics, while research on the contribution of codification and legal legitimization to the strengthening of the Islamic economic system remains limited. The research employs a qualitative method with a normative approach through a literature review of various regulations and related literature. The results of the study indicate that the codification of Islamic economic law has been realized through various national regulations, particularly the Compilation of Islamic Economic Law (KHES) based on Supreme Court Regulation No. 2 of 2008 and Law No. 21 of 2008 on Islamic Banking. These findings indicate that codification not only provides legal certainty but also strengthens institutional legitimacy, supports the resolution of Islamic economic disputes, and fosters the development of the Islamic economic industry. The novelty of this study lies in its analysis of the relationship between codification and legal legitimacy as instruments for strengthening the integration of Islamic law into the national legal system. Theoretically, this study enriches the field of Islamic economic law, while practically, it provides input for regulators in refining regulations to enhance legal certainty and public confidence in the Islamic economy in Indonesia.
Repositioning the Authority of the Hajj Financial Management Agency (BPKH) Following the Establishment of the Ministry of Hajj: An Analysis of Independence and Accountability in Hajj Fund Management Zakiruddin, Muhammad Aziz; Cecep Soleh Kurniawan
ASAS Vol. 18 No. 01 (2026): Asas, Vol. 18, No. 01 Juni 2026
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/asas.1801.31740

Abstract

Previous studies on the Indonesian Hajj Financial Management Agency (BPKH) have largely focused on governance, accountability, and investment management under the regulatory framework preceding the establishment of the Ministry of Hajj. Limited attention has been paid to the repositioning of BPKH following the enactment of Law Number 14 of 2025 concerning the Organization of Hajj and Umrah. This study aims to analyze the functions and authority of BPKH in managing Hajj finances after the establishment of the Ministry of Hajj. This research employs a normative legal method using statutory, conceptual, and analytical approaches. The findings indicate that Law Number 14 of 2025 maintains BPKH’s role as the manager of Hajj finances and expands its involvement in determining the Hajj Operational Cost (BPIH). However, such reinforcement is mainly functional, while strategic authority is increasingly centralized under the Minister of Hajj. As a result, BPKH’s position has shifted from a relatively independent institution to a supporting institution within the Hajj governance system. The study also identifies potential issues of split authority, overlapping responsibility, and ambiguity of accountability between BPKH and the Ministry of Hajj. This study contributes to the discourse on Hajj governance by highlighting the institutional implications of the new regulatory framework and emphasizing the need for clearer authority arrangements and regulatory harmonization
A Comparative Study of Online Digital Waqf and Blockchain-Based Digital Waqf from the Perspective of Maqāṣid al-Sharī'ah Nur Aziz, Bayu; Dardiri, Masyhudan; Asif Misbahudin
ASAS Vol. 18 No. 01 (2026): Asas, Vol. 18, No. 01 Juni 2026
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/asas.1801.32084

Abstract

The development of digital technology has brought about significant changes in the waqf management system in Indonesia, particularly through the innovation of online digital waqf and blockchain-based waqf. This study aims to examine the comparative level of effectiveness and transparency of the two models from the perspective of maqāṣid al-syarī‘ah, particularly in the aspects of asset protection (hifẓ al-māl) and the achievement of benefits (tahqīq al-maṣlahah). The study used a qualitative method with a library research approach and a comparative analysis of scientific literature, regulations, and contemporary waqf jurisprudence concepts. The results show that blockchain-based digital waqf has advantages in terms of transparency, security, and data accountability, while online platform-based digital waqf is superior in terms of accessibility and public participation. However, the digital infrastructure for sharia-compliant waqf management, public literacy, and limitations of the continue to pose challenges for both models. From the perspective of maqāṣid al-syarī‘ah, both systems support the realization of hifẓ al-māl (protection of wealth), jalb al-maslahah (benefit), and dar’u al-mafāsid (prevention of damage) through safer, clearer, and more effective waqf management. This study emphasizes the importance of improving regulations, sharia governance, and integrating digital technology to build a contemporary waqf system that is accountable and focused on the welfare of the community.

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