https://ejournal.uinmadura.ac.id/index.php/alhuquq/issue/feed 2026-07-01T07:44:25+07:00 Bhismoadi Tri Wahyu Faizal alhuquq@iainmadura.ac.id Open Journal Systems <p align="justify"><strong>Al-Huquq: Journal of Indonesian Islamic Economic Law</strong> (P-ISSN: <a href="https://issn.brin.go.id/terbit/detail/1571545421" target="_blank" rel="noopener">2715-0003</a>; E-ISSN <a href="https://issn.brin.go.id/terbit/detail/1565614052" target="_blank" rel="noopener">2714-5514</a>) Is an open access journal published by the Sharia Economic Law Study Program of the Faculty of Sharia IAIN Madura. This journal is anually published twice a year in June and December since 2019. Jurnal al-Huquq publishes conceptual-based and research-based articles on contemporary issues of Sharia Economic Law in Indonesia and other countries. Al-Huquq: Journal of Indonesian Islamic Economic Law provides an opportunity for researchers, academics, professionals, practitioners and students in the field of Sharia Economic Law to contribute and share the knowledge in form of a research manuscript and in the form of a reflective thought study on Sharia Economic Law. Users are allowed to search, read, download, copy, distribute, and use the articles for other legitimate purposes.</p> <hr> https://ejournal.uinmadura.ac.id/index.php/alhuquq/article/view/24017 2026-07-01T07:44:25+07:00 Indah Fatmawati i.fatmawati.law25@mail.umy.ac.id Leli Joko Suryono lelijoko@umy.ac.id

<p style="text-align: justify;">Non-litigation dispute resolution in the Indonesian Islamic financial sector demonstrates institutional dualism through the coexistence of the National Sharia Arbitration Board (BASYARNAS) and the Alternative Dispute Resolution Institution for the Financial Services Sector (LAPS-SJK). Both institutions operate under different legal foundations, institutional orientations, and jurisdictions, yet each maintains authority over Islamic financial disputes, creating overlapping competencies and uncertainty about dispute-settlement forums. This study aims to examine the structure of institutional dualism between BASYARNAS and LAPS-SJK and formulate a policy reform model through comparative analysis with Malaysia and Brunei Darussalam. The study employs normative legal research, drawing on statutory, conceptual, and comparative approaches. Secondary data, consisting of primary, secondary, and tertiary legal materials, were collected through library research and analyzed qualitatively through legal interpretation, regulatory synchronization, and comparative analysis. The findings indicate that the central issue does not lie in the existence of multiple institutions but in the absence of clear competency boundaries. Malaysia adopts administrative integration through the Financial Markets Ombudsman Service (FMOS), while Brunei Darussalam applies coordinated dispute settlement through the Brunei Darussalam Arbitration Center (BDAC). Based on these findings, this study proposes a policy reform based on the differentiation of competences between BASYARNAS and LAPS-SJK, supported by a <em>one-gate dispute resolution</em> mechanism to strengthen forum certainty without eliminating the distinctive character of dispute resolution founded on Sharia principles. Academically, this study recommends further research on regulatory design, inter-institutional referral mechanisms, and the effectiveness of implementing <em>one-gate dispute resolution</em> in resolving Sharia financial disputes</p>

2026-06-30T23:02:11+07:00 Copyright (c) 2026 Al-Huquq: Journal of Indonesian Islamic Economic Law https://ejournal.uinmadura.ac.id/index.php/alhuquq/article/view/24661 2026-06-30T23:03:49+07:00 Muhammad Yakup yakup.lawyer.16@gmail.com Kukuh Muljo Rahardjo kukuhmuljo.rh@gmail.com Tahegga Primananda Alfath tahegga.primananda@narotama.ac.id

<p style="text-align: justify;">This study examines the legal validity of a gift deed (<em>akta hibah</em>) executed under alleged donor incapacity, as reflected in Decision No. 09/Pdt.G/2023/PN.Bkl of the Bangkalan District Court. Gift Deed No. 9 dated 7 April 2021 is disputed on the ground that the donor was critically ill and unable to freely express legal consent at signing. Using a normative legal research methodology with statutory, case, and conceptual approaches, this study addresses three questions: (1) the legal standing of a non-heir plaintiff in a gift deed annulment dispute; (2) the court's judicial reasoning; and (3) the validity of the deed under Islamic civil law. The findings reveal that a non-heir plaintiff may establish legal standing by demonstrating direct harm through defective consent under Article 1320 of the Civil Code or tortious liability under Article 1365. The court legitimately invoked <em>ius curia novit</em> and its <em>ex officio</em> authority to integrate civil law requirements with Islamic legal standards on donor capacity. Under Islamic civil law, the deed constitutes an <em>'aqd fasid</em> (defective agreement) because the donor failed to satisfy the <em>'aqil</em> (sound mind) criterion under Article 210 of the Compilation of Islamic Law corresponding to a voidable agreement (<em>vernietigbaar</em>) under Articles 1321 and 1449 of the Civil Code. Annulment of the deed restores legal order in estate management and safeguards heirs' rights under both Indonesian positive law and Islamic law.</p>

2026-06-30T23:02:36+07:00 Copyright (c) 2026 Al-Huquq: Journal of Indonesian Islamic Economic Law