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.
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.
The environmental crisis in Indonesia is marked by various problems that threaten human life and various economic sectors. The Indonesian government has issued green sukuk products as an effort to improve the environment and provide alternative investments for the public. This study examines the potential of green sukuk products in promoting sustainable economic development in Indonesia from the perspective of maqāṣid al-syarī‘ah. This study uses a qualitative approach with data derived from literature related to sukuk, green sukuk regulations in Indonesia, and the maqāṣid al-syarī‘ah framework. This study will emphasize the thoughts of Imam al-Syatibi in his monumental work al muwafaqot in which he argues about the concept of istiqro'i in the application of the maqāṣid al-syarī‘ah paradigm to arrive at the qosd sharia objectives. Sheikh Thohir Ibn Asur's thoughts on maqāṣid al-syarī‘ah are also used as a basis for analyzing this research. The results of the study indicate that green sukuk has great potential to become a key pillar in the transformation of a sustainable economy in Indonesia. The integration of maqāṣid al-syarī‘ah in the implementation of green sukuk can ensure that economic growth is not only oriented toward financial gain but also toward achieving syariah objectives that prioritize environmental sustainability and social justice.
Murabahah financing, as a prevalent Islamic banking product, frequently encounters default issues requiring resolution that aligns with sharia principles. This study aims to analyze the application of sharia economic law principles in resolving Murabahah contract defaults at the Situbondo Religious Court. Employing a qualitative method with a normative juridical approach, this research analyzes court verdict documents as primary data, supplemented by DSN-MUI fatwas and relevant literature as secondary data. The findings indicate that while the Murabahah contract formally fulfilled its pillars and conditions, the implementation of sharia principles in default resolution faced challenges, particularly regarding the imposition of late penalties that did not fully reflect the principles of justice (al-'adl) and compensatory damages (ta'widh). The study concludes that despite procedural adherence, substantive sharia compliance requires greater attention, especially in sanction clauses. It recommends enhanced socialization and assistance for sharia financial institutions to ensure comprehensive alignment of financing practices with sharia principles, encompassing both formal and substantive aspects of the contract.
The proliferation of scams disguised as Multi-Level Marketing (MLM) in Indonesia has raised public doubts about the legitimacy of MLM practices, including Oriflame, from the perspective of Islamic law. This indicates the need for a deeper study to assess the compatibility of Oriflame's MLM business mechanism with maqasid al-syariah and Fatwa DSN MUI No. 75 of 2009. This article is composed using a qualitative approach involving in-depth interviews and observations. Based on the research conducted, the mechanism of Oriflame's MLM practice begins with registering as an Oriflame reseller, promoting Oriflame products through social media, recruiting members or resellers, and developing downlines through training and sales tools. Oriflame's MLM practice involves reseller registration, product promotion via social media, member recruitment, and downline development through training. This system is halal and compliant with Sharia because it fulfills the maqasid syariah (hifz ad-din, al-nafs, al-aql, al-nasl, al-mal). In accordance with MUI Fatwa No. 75/2009, it meets 12 Sharia requirements, including real sale objects, halal certification, transactions without fraud/fixed prices, commissions from real sales/recruitment without ighra'/coercion, unpaid recruitment, downline development, and not being a money game.
