JURISTA: Jurnal Hukum dan Keadilan

CRIMINAL EVIDENCE AUCTION SYSTEM AT THE ACEH BESAR DISTRICT PROSECUTOR'S OFFICE BASED ON ISLAMIC LAW’S PERSPECTIVE

Putri Raihan Wirda — 2025-08-04

This article aims to analyze the suitability of the Aceh Besar District Attorney's Office's practice of auctioning evidence of criminal acts by the principles contained in the bai' muzayadah contract. This study employs a qualitative approach with a descriptive analysis method, as well as an empirical juridical approach, to evaluate the implementation of positive law and Sharia norms in the context of auctions. The results of the study indicate that the auction mechanism applied, including the open bidding-based e-auction system, generally reflects the principles of justice, openness, and transparency that are the basis for the validity of the bai' muzayadah contract. However, there are still challenges, such as unclear ownership documents for confiscated goods and determining limit prices that have the potential to cause elements of gharar. Essentially, the implementation of this auction can be considered valid under both Islamic law and positive law and contributes to the restoration of the economic value of confiscated goods and their utilization for the public good. The auction of evidence by the Aceh Besar District Attorney's Office has great potential to support the integration of sharia values in the sustainable governance of public assets.

WAQF MANAGEMENT ACCORDING TO LAW NUMBER 41 OF 2004 ON WAQFIN

Muthawalli — 2025-08-06

This article aims to analyse the management of waqf by institutional trustees at the Almuslim University Foundation in Bireuen from the perspective of Law No. 41 of 2004 on Waqf and fiqh muamalah. This study employs a qualitative method with a legal-empirical approach to evaluate the alignment between normative regulations and the practice of managing productive endowments at the institutional level. The findings reveal that the Almuslim University Foundation in Bireuen has fulfilled its role as a nazir by endeavouring to develop endowment assets, such as constructing educational facilities and engaging in productive collaborations. However, this management still faces several challenges, including the lack of integrated financial reporting, the dominant use of endowment proceeds for consumptive financing without a long-term capitalization strategy, and the risk of legal uncertainty regarding the status of assets derived from management, which could trigger administrative disputes. These conditions pose a potential threat to the accountability and sustainability of the social and economic functions of endowments. Therefore, institutional capacity building, enhancing the professionalism of administrators, improving digital-based reporting systems, and optimising oversight by the Indonesian Waqf Board are necessary. These findings underscore that the implementation of professional and transparent waqf governance principles is key to making waqf a sustainable and accountable instrument for community empowerment.

EVALUATION SYSTEM OF STATE ASSISTANCE FUNDS FOR EDUCATIONAL INSTITUTIONS IN ACEH

Puteri Maizania Maharani — 2025-08-06

SMPN 1 Baitussalam is one of the recipients of BOS funds as referred to in Permendikbudristek No. 63 of 2023. However, the lack of transparency to the public and efficiency in its use raises issues that contradict Permendikbudristek No. 63/2023. This study examines the evaluation system for managing BOS funds in 2023 at SMPN 1 Baitussalam, Aceh Besar Regency, based on the concept of milk al-daulah, which emphasizes proper, transparent, and fair management. The method used is qualitative descriptive analysis with a formal juridical approach, data obtained through in-depth interviews, document studies, and field observations. The results of the survey indicate that SMPN 1 Baitussalam has effectively managed BOS funds by Permendikbud and the principles of milk al-daulah. However, the findings reveal that there are still instances where students are asked to contribute independently for competitions or school events, and some facilities, such as classroom chairs, are in unsuitable condition due to insufficient funds. Additionally, the BOS fund announcement board must be re-displayed to ensure public access. Therefore, this research recommends that the government increase the funding allocation to optimize school facilities.

ANALYSIS OF THE COURT RULING NO. 42/PID.SUS -TPK/2023/PN-BNA REGARDING LEGAL PROTECTION AGAINST STATE LOSSES IN THE SALE OF LAND CERTIFICATES BY BPN ACEH JAYA OFFICIALS

Fatin Nabila — 2025-08-07

This article aims to analyze the judge's considerations in decision No. 42/Pid.Sus-TKP/2023/PN-Bna regarding legal protection against state losses in the sale of land certificates by the Aceh Jaya BPN apparatus, based on the MABI concept. This case focuses on the actions of the Aceh Jaya BPN Apparatus, which forged signatures and traded land certificates illegally, resulting in state losses of Rp. 12,607,479,500 (twelve billion six hundred seven million four hundred seventy-nine thousand five hundred rupiah). This not only resulted in state losses but also harmed the community, which was deprived of its rights to land redistribution and the objectives of land reform. This study employs a qualitative approach, utilizing a case study method, as well as a normative juridical approach, to examine the juridical aspects of the sale of land certificates by the Aceh Jaya BPN Apparatus in the context of land redistribution activities related to land reform objectives that resulted in state losses. The results of the study indicate that the implementation of land redistribution activities for land reform objectives is contrary to the concept of mabi' because it does not meet the requirements for a valid sale and purchase agreement according to Islamic law, so the transaction is considered invalid according to Sharia. This study highlights the importance of monitoring the implementation of land redistribution for land reform objectives and enforcing integrity within the Aceh Jaya BPN apparatus to prevent the recurrence of authority abuse.

IMPLEMENTING CORPORATE SOCIAL RESPONSIBILITY FUNDS AT LAMBHUK PETROL STATION

Maisin Afifah — 2025-08-07

This article examines the implementation of Corporate Social Responsibility (CSR) funds at the Lambhuk Gas Station (SPBU Lambhuk Banda Aceh) based on the principle of legal obligation as regulated by Government Regulation Number 47 of 2012. The implementation focuses on CSR funds allocated by SPBU Lambhuk, which constitute a legal obligation for limited liability companies operating in sectors related to or utilising natural resources. This study uses an empirical juridical approach, with data collected through interviews and documentation. It investigates whether the implementation of CRS at SPBU Lambhuk complies with applicable regulations and identifies the factors that hinder or support its execution. SPBU Lambhuk has previously carried out CRS activities, such as providing aid to surrounding communities during disasters, supporting religious activities, and contributing to the construction of worship facilities. However, these activities have not been carried out routinely and lack a well-planned annual work programme. The results show that the implementation of CSR funds at SPBU Lambhuk remains suboptimal. The absence of a consistent work programme, weak documentation, limited understanding of CS responsibilities, and insufficient oversight by relevant parties are key factors hindering the realisation of social responsibility. Therefore, efforts to strengthen accountability, transparency, and human resource empowerment are necessary to ensure that CSR truly functions as sadakah wajibah, fulfilling its role in achieving social justice and community welfare.

PRICE SETTING SYSTEM ON FINANCING OBJECTS IN BINTANG MANDIRI ACEH SHARIA COOPERATIVE IN THE CONTEXT OF MURÂBAHAH CONTRACT

Aditya Alhamdi — 2025-08-10

The murābahah contract's pricing is a crucial component of Islamic financial transactions, as it ensures the principles of transparency and equity. The objective of this investigation is to evaluate the application of the pricing system to financing at Bintang Mandiri Aceh Sharia Cooperative through an analysis of the murābahah contract. Qualitative research employs a descriptive-analytical methodology. Data were collected through direct observation, interviews with cooperative administrators, and a review of pertinent literature. The findings suggest that the selling price is established by incorporating a 16% annual profit margin into the cost of goods, while also considering operational costs, prospective financing risks, and the financial capacity of the members. Although this system is under Sharia principles, it is unable to provide cooperative members with comprehensive price information. It has been determined that the implementation of pricing principles that prioritize transparency and justice can enhance member satisfaction and welfare. This investigation proposes that cooperatives should enhance Sharia literacy among their management and strengthen their internal supervisory function to ensure the execution of the murābahah contract by Sharia provisions.

ALTERING THE FUNCTION OF PADDY FIELDS TOWARD IRRIGATION NETWORKS IN PIDIE DISTRICT

Jihan Friska Revi — 2025-08-11

The conversion of paddy fields, especially in technically irrigated areas, is a critical issue in the Pidie District, Aceh Province. The Pidie District Government is addressing this challenge through the enactment of Qanun No. 3 of 2023, which aims to limit the conversion of paddy fields to preserve land for agricultural purposes. The purpose of this study is to assess the application of the Qanun from the perspective of Islamic law through the concept of al-milkiyyah. The research was conducted with a juridical-sociological approach, using a descriptive qualitative method. The data in this study were obtained from interviews with the Agriculture Office, as well as a documentation review of related regulations and Islamic law literature. The results show that although Qanun No. 3 of 2023 strictly prohibits the conversion of paddy fields in technical irrigation areas, its implementation still faces obstacles due to a lack of socialisation and law enforcement. The perspective of Islamic law emphasises the importance of land management, adhering to the principle of people's maslahat, which ensures that restrictions on land conversion align with Sharia values. This research concludes that restrictions on land use change not only preserve the sustainability of agricultural land but also fulfil the objectives of Sharia in maintaining community welfare.

THE VALIDITY OF CRYPTOCURRENCY’S ZAKAT

Raihanun Nisa — 2025-08-11

The advancement of digital technology has introduced cryptocurrency as a new form of asset used in transactions and investments. The emergence of this asset raises questions among Muslims, particularly regarding the obligation of zakat. Using MUI Fatwa Number 13 of 2011 as a point of departure, this study explores the Islamic legal perspective on zakat for cryptocurrency, which discusses the prohibition of buying and selling digital currency due to elements of uncertainty and speculation. Employing a qualitative research strategy, this study adopts a normative legal framework. Data were obtained through a literature review of both classical and contemporary fiqh on zakat, as well as scholars' opinions concerning the legal status and zakat obligation on digital assets. The study finds that cryptocurrency is classified as māl (property) with an exchangeable value, and thus is subject to zakat if it meets the requirements of full ownership, nishāb, and hawl. However, since the MUI fatwa does not explicitly address zakat on such assets, further interpretation and ijtihad are necessary to fulfil the requirements of Islamic law. This study recommends that a more specific fatwa be issued regarding zakat on cryptocurrency, so that Muslim communities can have clear guidance on managing digital assets in accordance with Sharia.

IMPLEMENTATION OF CORPORATE SOCIAL RESPONSIBILITY BY PT WOYLA ACEH MINERALS IN GEUMPANG DISTRICT ACCORDING TO THE CONCEPT OF MAQASID SYARIAH

Nurul Afna — 2025-08-11

This research examines the functions and applications of corporate social responsibility (CSR) by PT Woyla Aceh Minerals in accordance with the principles of maqasid sharia. The implementation of CSR aims to have a positive impact on community development from moral, social, and other aspects through community participation; however, the application of CSR in the Geumpang sub-district has resulted in water pollution, environmental damage, the destruction of forest ecosystems, and agrarian conflicts. This study focuses on how the CSR implementation by PT Woyla Aceh Minerals can reduce the pollution impacts from gold mining exploration in Geumpang Subdistrict, as well as analysing the effectiveness and function of CSR implementation by PT Woyla Aceh Minerals in Geumpang sub-district from moral, social, and job creation aspects. This research employs qualitative research methods with an empirical juridical approach, which is a legal study that focuses on the direct application or implementation of normative legal provisions in cases or legal events occurring in the community. Data collection techniques included interviews with workers, community leaders, and relevant parties from PT Woyla Aceh Minerals. The results show that the CSR programme of PT Woyla Aceh Minerals has not fully met the strategic needs of the community, including increasing mineral resources, promoting sustainable economic development, and ensuring long-term preservation. Therefore, integrating maqasid sharia is proposed to ensure that CSR not only meets material aspects but also contributes to social and environmental welfare comprehensively and fairly. This research recommends that the government and law enforcement agencies do not grant operational permits to companies without oversight by related parties, by imposing strict sanctions and revoking licenses for irresponsible companies.

LEGAL PROTECTION FOR CUSTOMERS OF CONVENTIONAL ONLINE BANKING IN ACEH BASED ON ACEH LAW NUMBER 11 OF 2018 ON ISLAMIC FINANCIAL INSTITUTIONS

Fithia Civa Annisa — 2025-08-11

Qanun Number 11 of 2018 mandates that all financial transactions of the Muslim community in Aceh must be conducted through Sharia-based financial institutions. However, in reality, many people still use digital services from conventional banks such as Jenius, Bank Jago, and SeaBank. This study aims to analyse the form of legal protection for traditional online banking customers in Aceh regarding the implementation of Article 6 of Qanun Aceh Number 11 of 2018 on Islamic Financial Institutions. This research employs a qualitative method with a juridical-normative approach, utilising a literature study of relevant regulations and legal literature. The results indicate that regulatory gaps and weak supervision over access to conventional digital services persist, resulting in a disparity between legal norms and societal practices. This places users of traditional services in a legal position that the Qanun does not protect. Therefore, it is necessary to consistently strengthen the implementation of Article 6 through legal enforcement, the enhancement of digital Islamic financial literacy, and restrictions on access to conventional financial services, so that the Islamic economic system in Aceh can operate by the provisions of the applicable qanun.

CONSUMER PROTECTION IN THE PURCHASE OF RECONDITIONED ELECTRONIC GOODS IN BANDA ACEH

M. Farhan — 2025-08-07

This study aims to analyse legal protection for consumers in the purchase of reconditioned electronic goods in Banda Aceh, viewed from the perspective of Islamic law and Law No. 8 of 1999 on Consumer Protection. The research method employed is a qualitative approach, utilising data collection techniques that include literature reviews, field observations, and interviews with consumers and business actors. The results of the study indicate that many business operators use ambiguous terms, such as "used goods" or "ex-inter," without providing transparent explanations, which can obscure the status of the goods as refurbished. Although some consumers are aware of the meaning of these terms, they do not fully understand the risks and quality of the goods they purchase. From an Islamic law perspective, such practices may fall under the categories of tadlis and gharar, which are prohibited in sales contracts. Meanwhile, according to Law No. 8 of 1999, this practice contradicts the obligation of business operators to provide honest information and consumers' right to clarity regarding the goods they purchase. Challenges in implementing consumer protection include low consumer legal literacy, weak oversight of reconditioned product sales, and limited effectiveness of dispute resolution mechanisms. This study recommends strengthening regulations, consumer education, and enforcing principles of transparency and Islamic business ethics as efforts to achieve more optimal protection.

THE BUDGETING AND FUND MANAGEMENT SYSTEM OF GIOK AGUNG BAITUL A’LA MOSQUE IN NAGAN RAYA REGENCY ACCORDING TO THE IDÂRAH CONCEPT

Muhammad Ryan Hidayat — 2025-08-17

This study aims to evaluate the budgeting and financial management system of the Giok Agung Baitul A'la Mosque in Nagan Raya Regency based on the principles of Islamic management (idârah). The study employs a descriptive qualitative approach, utilising data collection techniques that include in-depth interviews, field observations, and documentary studies. Data analysis was conducted through the stages of data reduction, data presentation, and conclusion drawing. The results of the study indicate that the mosque's financial management system has reflected some of the principles of idârah, particularly in the aspects of takhṭīṭ (planning) and tanzhīm (organisation), as evidenced by the implementation of annual meetings and the distribution of tasks among the management. However, the absence of formal documents, such as the Mosque Revenue and Expenditure Budget Plan (RAPBM), and the lack of written Standard Operating Procedures (SOPs), constitute the main weaknesses in formal planning. Financial management is still carried out manually and does not fully comply with the principle of accountability. From the idârah perspective, the aspects of tawjīh (direction), taqwīm (supervision), and mutāba‘ah (monitoring) have not been optimally implemented due to limited training, an unstructured supervision system, and a lack of regular monitoring. Nevertheless, values such as trustworthiness, responsibility, and community participation have become social strengths that can serve as a foundation for developing a more professional, transparent, and sustainable mosque management system under Islamic principles.

ANALYSIS OF UNILATERAL PRICE STANDARD IN THE PALM OIL TRADING SYSTEM REVIEWED FROM AN ISLAMIC LAW PERSPECTIVE

Haryadi — 2025-08-20

Farmers conduct the purchase and sale of palm oil in Gampong Malaka after the harvest is completed by directly contacting their regular agents. Generally, farmers wait for agents to come and buy their harvest, paying directly at the transaction site. However, some agents also visit the farmers' plantations to weigh the harvest. The agent typically makes payment to the farmers after the palm oil is resold to the processing factory, and the price is determined unilaterally by the agent. The method used in this study is the empirical legal method, with informants consisting of agents/tauke and the palm oil farmer community. Data collection was conducted through interviews and documentation. The study's findings indicate that, according to Islamic economic law, there is an element of gharar in the unilateral deduction carried out by the ram. This unilateral deduction has become a custom (urf) for the people of Gampong Malaka because the practice has been carried out for a long time and is deeply ingrained in the community. However, the gharar here falls under the category of minor gharar, which is still permissible or allowed because the community of Gampong Malaka understands and has no issues with it, as it is considered to be within reasonable limits and does not cause any problems that need to be debated regarding unilateral deductions in oil palm transactions.

ANALYSIS OF THE VALIDITY OF THE DEBT SYSTEM IN THE MONTASIK COMMUNITY, ACEH BESAR, BASED ON FIQH MUAMALAH DOCTRINE

Riska Sucianda — 2025-08-23

This article examines the legitimacy of debt and receivables in the context of harvest agreements from the perspective of fiqh muamalah. It concentrates on debt agreements that involve rice harvests, in which the lander provides farmers with funds in exchange for a guarantee upon harvest. It is the objective of this investigation to ascertain the system of debt and receivables through harvest agreements in Islamic jurisprudence and to investigate the practice of debt and receivables through harvest agreements in Montasik Subdistrict, Aceh Besar Regency. The research design is legal-empirical. Data was acquired through observations and interviews. However, the study's findings suggest that the implementation of these agreements has been advantageous for the lander and detrimental to producers. Benefits from the pledged products are realized during the debt repayment process, which is characterized by a distinct pricing mechanism. One of the valid conditions for a debt agreement is the fulfillment of the elements of debt, which means that the pledged products must not generate profit. If any of these components are not met, the debt agreement is rendered null and void.

IMPLEMENTING ALTERNATIVE DISPUTE RESOLUTION ON WAQF LAND CONFLICT OF ISLAMIC BOARDING SCHOOLS RAUDHATUL JADID AL JAZURI, MEUKEK DISTRICT, SOUTH ACEH

Andhika Djesi Fernanda — 2025-08-24

This article discusses a dispute over waqf land at the Raudhatul Jadid Al Jazuri Islamic boarding school in Meukek District, South Aceh Regency. A plot of land measuring 25 x 94 metres was donated by Lukman in 2005 and has been used for the boarding school's purposes. However, in recent years, a conflict has emerged due to differing views among the parties involved regarding the status and use of the land. This article highlights efforts to resolve the dispute so that the endowed land can continue to be used in accordance with its original vision. The author collected data from the field or within the community as part of the field research conducted for this study. Additionally, a qualitative approach was used, which is a research and understanding process based on methodologies that delve into social phenomena and human issues. Primary data was obtained through in-depth interviews, while secondary data was obtained from relevant literature surveys. The study's findings indicate that conflicting understandings about the nature of waqf land are the root cause of land conflicts at the Raudhatul Jadid Al Jazuri Islamic boarding school. Waqf land is considered permanent under Islamic law and Indonesian regulations. Any resolution related to waqf land must comply with applicable requirements.

IMPLEMENTATION OF FINANCING USING THE MUSYARAKAH SCHEME AT PT BANK ACEH SYARIAH AND ITS RELEVANCE TO SHARIA ECONOMIC LAW

Mawaddaturrahmah — 2025-08-26

This scientific article analyses the implementation of musyarakah financing at PT Bank Aceh Syariah and its relevance to Sharia Economic Law. Musyarakah, as one of the profit-sharing financing instruments, plays a crucial role in Islamic banking. This study examines the basic concepts, types, pillars, and principles of musyarakah within the framework of fiqh muamalah, as well as the regulatory framework in Indonesia, which includes laws, fatwas from the DSN-MUI, and guidelines from the OJK. Through a case study of PT Bank Aceh Syariah, this article describes the product, procedures, and implementation data, identifies challenges, and analyzes the alignment of practices with Sharia principles and the views of contemporary scholars. The research findings indicate that PT Bank Aceh Syariah has adopted musyarakah as its primary product, including Musyarakah Mutanaqisah, with structured procedures supported by a comprehensive regulatory framework. However, challenges such as customer dishonesty and a lack of understanding of the contract still exist. Nevertheless, adaptations in banking practices, such as the use of collateral, reflect efforts to balance Sharia compliance with modern banking prudence principles. This article concludes that the implementation of musyarakah at PT Bank Aceh Syariah is generally consistent with Sharia Economic Law. However, there is room for improvement in transparency and education to optimise the potential of this instrument in achieving equitable economic well-being.

THE EFFECTIVENESS OF THE INDONESIAN FINANCIAL SERVICES AUTHORITY SUPERVISION ON SHARIA FINANCIAL INSTITUTIONS IN ACEH PROVINCE OF INDONESIA

Syariful Anami — 2025-08-27

Aceh Province is the only region in Indonesia that has fully implemented an Islamic financial system, as outlined in Qanun Aceh Number 11 of 2018, concerning Islamic Financial Institutions. This regulation mandates all financial institutions operating in Aceh to comply with Sharia principles. However, the effectiveness of the Financial Services Authority (OJK) in supervising substantial adherence to Islamic jurisprudence (fiqh muamalah) remains questionable. This study aims to assess the efficacy of OJK’s supervision over Islamic financial institutions in Aceh and to identify the main obstacles and challenges in its implementation. The research employs an empirical, juridical, and statutory approach, with data collected through interviews, field observations, and a literature review. The findings reveal that OJK's supervisory role remains primarily administrative and has not adequately addressed the substantive aspects of Sharia compliance. Key obstacles include low Sharia literacy among industry players, weak roles of internal Sharia Supervisory Boards (DPS), limited human resources within OJK knowledgeable in Islamic finance, underutilised digital supervision systems, and weak institutional coordination. Based on Soerjono Soekanto's theory of legal effectiveness, all five components—legal substance, legal structure, legal culture, infrastructure, and community—are found to be insufficiently developed to support the ideal implementation of Islamic finance. The study recommends reformulating the supervisory approach to adopt a more participatory, contextual, and locally grounded model, ensuring the authentic and sustainable application of Islamic financial systems in Aceh

ANALYSIS OF THE IMPLEMENTATION OF ACEH QANUN NUMBER 11 OF 2018 ON ISLAMIC BANKING IN THE CITY OF BANDA ACEH, INDONESIA

Muhammad Aiman — 2025-08-27

The Qanun Aceh serves as a legal instrument mandating the conversion of all conventional financial institutions into Islamic-based financial entities, as part of the comprehensive implementation of sharia law in the financial sector. This study employs a qualitative-descriptive method, drawing on a juridical and Islamic economic approach, supported by field observations and interviews with banking customers and practitioners. The findings indicate that the implementation of the Qanun has been structurally well-executed, as reflected in the transformation of banking contracts (akad) and services in accordance with sharia principles. The effectiveness of the implementation is evident in the growing public trust and increased utilisation of Islamic financial products. However, efficiency remains a challenge, particularly in terms of financial literacy, human resource capacity, and comprehension of Sharia-compliant contracts. The socio-economic implications of the Qanun's implementation include the reinforcement of Islamic economic justice values, increased Islamic financial inclusion, and the potential empowerment of the Muslim community's economy. This research recommends strengthening Islamic financial literacy and enhancing collaboration among government authorities, banking institutions, and religious scholars to ensure the sustainable and holistic enforcement of the Qanun.

ANALYSIS OF MARGIN RATES IN MURABAHAH SMALL BUSINESS CREDIT FINANCING AT BANK ACEH SYARIAH KCP UIN AR-RANIRY BANDA ACEH, INDONESIA

Auni Alwafi — 2025-08-27

This study aims to analyse the effect of financing tenure on the determination of margin rates in the murabahah financing scheme for the People’s Business Credit (KUR) product at Bank Aceh Syariah KCP UIN Ar-Raniry, as well as to examine its legal implications from the perspective of Islamic economic law. The research employs a normative-empirical approach with a qualitative descriptive method. Primary data were collected through interviews with credit analysts at Bank Aceh Syariah, while secondary data were obtained from official documents, legal literature, and Islamic banking regulations. The findings indicate that the financing margin rate increases proportionally with the length of the financing period as compensation for the bank’s risk; however, margin determination is conducted internally, with limited room for customer negotiation. Furthermore, the determination of financing tenure has not fully considered the customers' ability in a participatory manner, which potentially leads to injustice in the murabahah contract. Islamic economic law emphasises the importance of justice (ʿadl), transparency of information, and mutual consent (tarāḍin) to ensure that financing contracts comply with the maqāṣid al-sharī‘ah. This study recommends enhancing transparency and customer involvement in the margin and tenure determination process to ensure that Islamic financing operates effectively and benefits all parties involved.

THE ROLE OF THE FINANCIAL SERVICES AUTHORITY (OJK) IN PROTECTING FINTECH P2P LENDING CUSTOMERS FROM THE PERSPECTIVE OF MAQASHID SYARI'AH

Farhan Akbar — 2025-08-28

This research examines the role of the Financial Services Authority (OJK) in protecting fintech Peer-to-Peer (P2P) lending customers in Aceh from a maqashid sharia perspective. P2P lending services, which are part of the development of financial technology (fintech), have proliferated in Aceh as an alternative financing solution that is faster and more flexible than conventional financial institutions. However, this growth also presents new risks, especially to consumer protection. This research employs a descriptive qualitative approach, utilizing interviews, literature reviews, and observational methods. The results show that OJK has made various efforts to supervise fintech P2P lending, including through regulations, digital monitoring systems, and public education. From the perspective of maqashid sharia, the protection carried out by OJK against customers reflects efforts to protect the soul (hifz al-nafs) and property (hifz al-mal), which are part of the primary objectives of Islamic law. Based on the analysis, the author considers that OJK's role in supervising and protecting fintech P2P lending customers has shown significant alignment with the principles of maqashid sharia, especially in the aspects of hifzh al-nafs (guarding the soul) and hifzh al-mal (guarding wealth).