Shar-E : Jurnal Kajian Ekonomi Hukum Syariah

Tinjauan Yuridis Pengenaan Sanksi Kurungan Pengganti Denda bagi Pelaku IUU Fishing di ZEE Indonesia

Ervin Riandy — 2026-01-13

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.

Penerapan Asas Itikad Baik dan Kepastian Hukum dalam Sengketa Penolakan Klaim Asuransi Jiwa Syariah

Mutia Izzatun Nurul Imamah — 2026-01-31

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.

Efektivitas Fungsi Pengawasan DPRD terhadap Pelaksanaan APBD Kota Parepare

Achmad Ariady — 2026-05-06

This study aims to analyze the effectiveness of the supervisory function of the Regional House of Representatives (DPRD) over the implementation of the Regional Revenue and Expenditure Budget (APBD) and to identify the factors influencing it in Parepare City. This research employs an empirical method with a qualitative approach, conducted at the DPRD Office of Parepare City, South Sulawesi Province. Data were collected through interviews and analyzed using a descriptive-analytical technique. The findings reveal that the effectiveness of the DPRD’s supervisory function over APBD implementation has not been optimal, despite its strategic role in promoting accountable and transparent governance. This ineffectiveness is influenced by several interrelated factors, including inadequately operational legal substance, institutional structures that do not fully support the principle of checks and balances, a predominantly transactional legal culture, limited legal and technical budgetary knowledge among DPRD members, and insufficient supporting facilities and infrastructure. These findings highlight a gap between the normative framework and empirical practice in the implementation of DPRD’s supervisory function at the regional level.

Penggunaan Brand Franchise yang Putus Kontrak Akad Syirkah

Sukardi Gomang — 2026-05-08

This study stems from the misuse of the Tea Tarik Halto franchise trademark in Arcamanik, Bandung City, where the partner continued to use the attributes and brand unilaterally even though the contract had been terminated through mutual deliberation. This study aims to analyze the practice of unilateral contract termination and the use of the trademark after the end of cooperation in the Tea Tarik Halto Franchise Business in Arcamanik, Bandung City, as reviewed from the principles of fiqh muamalah. This study employed a descriptive qualitative method through a field study approach. Primary data were obtained through observation, in-depth interviews with related parties at Tea Tarik Halto Arcamanik, and documentation. Secondary data were derived from fiqh muamalah literature and related books. Data were analyzed using an inductive method by linking field facts with general theories of Islamic economic law. The results show that the syirkah contract in the franchise business is fundamentally in line with Islamic economic principles. However, the unilateral termination of cooperation carried out by the partner constitutes an unjustified act. From the perspective of fiqh muamalah, such conduct falls into the category of breach of contract and violates the principle of trustworthiness (amanah) in the agreement. The use of the brand without permission after contract termination is regarded as a form of breach of promise (al-wa’du), which is unlawful (haram), as it harms another party and does not fulfill the pillars and conditions for the continuity of syirkah.

Regulasi Pencemaran Nama Baik dan Penghinaan melalui Media Teknologi Informasi Komunikasi Pasca Amandemen Undang-Undang ITE

I Kadek Bayu Putera Darnyarsa — 2026-05-08

This study examines the issue of defamation and insult through information and communication technology (ICT) media in Indonesia, particularly following the amendment of the Electronic Information and Transactions Law (UU ITE). The primary focus is to evaluate the effectiveness of existing legal frameworks in protecting individuals from acts that harm one’s reputation or honor through digital media. The 2016 amendment to the UU ITE aimed to balance freedom of expression with legal protection for individuals. However, challenges persist in its implementation, including ambiguity in the definition of defamation, the potential misuse of UU ITE provisions, and the public's limited understanding of legal boundaries on social media. This study adopts a normative legal approach by analyzing relevant regulations, including the UU ITE and the Indonesian Penal Code, while comparing these to policies in other countries. Findings indicate that the existing legal mechanisms provide a foundation for individual rights protection but often face obstacles, such as the misuse of defamation clauses to suppress public criticism. Additionally, the government has proposed alternative solutions, including restorative justice approaches and digital literacy programs to enhance public legal awareness. This study recommends drafting clearer regulations and enforcing laws transparently so that freedom of expression and individual protection can coexist harmoniously. Emphasis is also placed on the importance of digital ethics education to prevent violations in the cyberspace domain.

Pengaruh Pengangguran dan Distribusi Zakat terhadap Kemiskinan di Indonesia

Jumhur — 2026-05-10

This research is motivated by the high poverty rate in Indonesia and the ongoing theoretical debate regarding its influencing factors, specifically unemployment and Islamic philanthropic instruments such as zakat. This study aims to analyze the relationship between the open unemployment rate and zakat distribution on poverty levels across 38 provinces in Indonesia during the 2020-2024 period. The research method employed is quantitative with panel data, combining time-series and cross-sectional data. The data are sourced from official publications of the Indonesian Central Bureau of Statistics (BPS) and BAZNAS RI, subsequently analyzed using correlation tests to identify the direction and strength of the relationships between variables. Theoretically, the results indicate that unemployment is positively related to poverty due to the loss of income sources, while zakat plays a significant role as a wealth redistribution instrument that is negatively related to poverty levels. Empirically, unemployment dynamics in Indonesia experienced a significant increase in 2021 due to the COVID-19 pandemic before showing a declining trend until 2024, directly impacting the fluctuations in poverty rates across various regions.