Journal of Law and Nation
Vol. 3 No. 2 (2024): In Press Mei

COMPARATIVE TRANSLATORY ON THE SYARIAH AND CONVENTIONAL CONTRACT LEGAL SYSTEMS: INDONESIA'S PERSPECTIVES

Susilowardani (Fakultas Hukum, Universitas Surakarta, Surakarta, Indonesia)
Desi Syamsiah (Fakultas Hukum, Universitas Surakarta, Surakarta, Indonesia)
Asri Agustiwi (Fakultas Hukum, Universitas Surakarta, Surakarta, Indonesia)
Dara Pustika Sukma (Fakultas Hukum, Universitas Surakarta, Surakarta, Indonesia)



Article Info

Publish Date
14 Mar 2024

Abstract

The study aims to conduct a comparative study of the Shariah and conventional contractual legal systems from an Indonesian perspective. In the context of Indonesia, the Sharia law system is based on the principles of Islamic Shariah, while the conventional legal system is founded on the general principles that apply in the country. The method of research carried out is the study of literature by searching for literature that fits the context of research. The research shows that the Sharia law system emphasizes the principles of Shariah, such as the prohibition of interests and charges, and encourages dispute settlement through arbitration and arbitrations mechanisms. On the other hand, conventional legal systems are more flexible and focus on commercial aspects in the execution of contracts, using common dispute resolution mechanism, like courts, mediation, or negotiations. Although the Sharia law system provides special legal protection for the parties involved in a Sharia contract, the conventional legal system provides general legal protection to all parties engaged in a contract.

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Journal Info

Abbrev

joln

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal of Law and Nation (JOLN) focuses on literature and field studies on law-related matters. The scope is related to legal theory, E-Commerce law, Legal and Deductive Reasoning, International Law, Constitutional Law, Contract Law, administrative law, International Law environment, Money theft, ...