PERLINDUNGAN KONSUMEN DAN PELAKU USAHA DALAM TRANSAKSI BISNIS SYARIAH BERDASARKAN TINJAUAN HUKUM ISLAM DAN UU NOMOR 8 TAHUN 1999

Abstract

The development of the sharia economy in Indonesia has encouraged the emergence of various forms of business transactions based on Islamic principles, one of which is the Ijarah Muntahiyah Bittamlik (IMBT) contract, a lease agreement that concludes with the transfer of ownership. This type of transaction is widely used by Islamic financial institutions, particularly in asset financing. This study aims to analyze the Islamic Law and Law No. 8 of 1999 perspectives on the rights and obligations of consumers in sharia business and to examine the rights and obligations of business actors. This research focuses on the application of the IMBT contract at Bank DKI Wahid Hasyim Main Sharia Branch. It employs both normative juridical and empirical juridical methods, with data obtained through literature review, documentation, and interviews with bank representatives and customers. The findings reveal that consumer protection under the IMBT scheme is normatively regulated by Law No. 8 of 1999 and is fundamentally upheld in Islamic Law through the principles of justice, transparency, and responsibility. However, its implementation still requires the strengthening of derivative regulations and oversight by regulatory authorities to ensure legal certainty and fairness for both parties. The study recommends optimizing consumer education and reinforcing contracts based on transparent and fair sharia principles. In practice, there are still issues such as information imbalance, unilateral clauses in contracts, and limited consumer understanding of their rights.

Keywords: Consumer Protection, Islamic Law, Sharia Business.