https://journal.iaisambas.ac.id/index.php/Shar-e/issue/feed 2026-02-02T13:09:55+08:00 Reza Akbar rezabimbelaplus@gmail.com Open Journal Systems <p><strong><img src="http://journal.iaisambas.ac.id/sinta5.jpeg" alt="" width="100" height="31"></strong></p> <p><strong>Shar-E: Jurnal Kajian Ekonomi Hukum Syariah</strong> is published by Institut Agama Islam Sultan Muhammad Syafiuddin Sambas which provides online and printed publication. <strong>Shar-E: Jurnal Kajian Ekonomi Hukum Syariah</strong> covers the research of scholars, academics, and researchers related to law, Islamic law, economics, Sharia economics, and other Sharia studies. <strong>Shar-E: Jurnal Kajian Ekonomi Hukum Ekonomi Syariah</strong> publishes issues twice a year in January and July. The editorial board invites the researchers to publish the results of their original research through a review process. The submitted manuscript will be reviewed initially by the editor and section editors. If the scope of the manuscript is related to the scope of <strong>Shar-E: Jurnal Kajian Ekonomi Hukum Syariah</strong>, the editor will assign it to the reviewer (double-blind review process). The reviewed manuscript will be returned to the author for revision if needed. The language of the manuscript is either Bahasa Indonesia or English.</p> https://journal.iaisambas.ac.id/index.php/Shar-e/article/view/4704 2026-01-31T15:13:06+08:00 Ervin Riandy ervinriandy@hukum.untan.ac.id Anna Anindita Nur Pustika annaanindita96@unpar.ac.id Sandy Kurnia Christmas ch.sandykurnia@oso.ac.id Aulia Yuti Serera auliayutiserera@hukum.untan.ac.id

<p>The problem regarding the interpretation of the meaning of imprisonment and corporal punishment as stated in Article 73 paragraph (3) of UNCLOS 1982 has caused differences in judges' decisions against perpetrators of IUU Fishing in the Indonesian Exclusive Economic Zone (ZEEI). On the one hand, there are courts that explain that confinement in lieu of a fine is contrary to UNCLOS 1982, while on the other hand it is said that it does not violate UNCLOS 1982. This study was conducted to provide a legal study of whether the imposition of confinement in lieu of a fine on perpetrators of IUU Fishing in ZEEI. The results of this study, namely according to the interpretation of grammatical and the meaning of words/terms (taalkundige interpretation) and the explanation of legal experts, can be concluded that imprisonment and confinement (including confinement in lieu of a fine) are included in the scope of the prohibition of Article 73 paragraph (3) of UNCLOS 1982, because this punishment eliminates a person's freedom. Courts in Indonesia should be consistent not implementing imprisonment and corporal punishment considering that Indonesia has ratified UNCLOS 1982 and is bound by the principle of pacta sunt servanda. This paper provides proposals to amend the Fisheries Law and Judges are also encouraged to make independent legal discoveries to create substitute criminal sanctions for fines that do not conflict with UNCLOS 1982.</p>

2026-01-13T14:27:10+08:00 Copyright (c) 2026 Ervin Riandy, Anna Anindita Nur Pustika, Sandy Kurnia Christmas, Aulia Yuti Serera https://journal.iaisambas.ac.id/index.php/Shar-e/article/view/4418 2026-02-02T13:09:55+08:00 Mutia Izzatun Nurul Imamah mutiamini2000@gmail.com Darin Arif Muallifin darin@uinsatu.ac.id

<p>This research examines the application of good faith and legal certainty principles in resolving Islamic economic disputes at the Medan Religious Court through analysis of verdict Number 198/Pdt.G/2025/PA.Mdn concerning rejection of sharia life insurance claims by PT Prudential Sharia Life Assurance against beneficiary heirs. Employing normative juridical methodology with case and conceptual approaches, this study analyzes the integration of positive law with Islamic legal principles in judicial considerations. Research findings indicate that the Panel of Judges applied the good faith principle (husn al-niyyah) in evaluating insurer conduct that rejected claims based on administrative grounds after policy issuance, constituting breach of contract. Legal certainty principle implementation manifested through judicial affirmation that claim settlement delays exceeding Financial Services Authority regulatory standards violated consumer protection rights. Judicial reasoning demonstrated progressive synthesis between Article 1338 Civil Code, Article 36 Compilation of Sharia Economic Law, and pacta sunt servanda principle in Islamic jurisprudence. This verdict strengthens consumer protection mechanisms and provides judicial precedent encouraging transparency enhancement and accountability in sharia insurance industry practices, thereby contributing to jurisprudential development of Islamic economic law in Indonesia.</p>

2026-01-31T15:12:33+08:00 Copyright (c) 2026 Mutia Izzatun Nurul Imamah, Darin Arif Muallifin