Legal Certainty in the Resolution of Disputes in the Sharia Capital Market in Indonesia

This article examines the concept and implementation of legal certainty in the resolution of disputes in Indonesia's Sharia capital market. As part of the national financial system, the Sharia capital market adheres not only to general capital market regulations but also to Islamic legal principles. The article identifies normative and practical challenges in ensuring dispute resolution mechanisms that are consistent with both positive law and Islamic values. Using a normative juridical approach supported by secondary legal materials, this study reveals that legal certainty in the Sharia capital market is still evolving, particularly in terms of institutional authority, procedural clarity, and the enforceability of Sharia-based decisions. The role of the Indonesian Ulema Council (MUI), the Financial Services Authority (OJK), and religious arbitration institutions such as Basyarnas is analyzed in depth. The findings highlight the need for an integrated regulatory and institutional framework that ensures both compliance with Sharia and the protection of investor rights. The article concludes that the future of dispute resolution in the Sharia capital market depends on harmonizing positive law with Islamic jurisprudence to foster a more just, transparent, and legally certain investment climate.

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Publication Details

Journal
Pena Justisia Media Komunikasi dan Kajian Hukum
Published
2025-06-27
DOI
https://doi.org/10.31941/pj.v24i2.6230
Primary Topic
Islamic Finance and Banking Studies
Type
article
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article

Legal Certainty in the Resolution of Disputes in the Sharia Capital Market in Indonesia

Novea Elysa Wardhani
Pena Justisia Media Komunikasi dan Kajian Hukum
Islamic Finance and Banking Studies
article

Legal Certainty in the Resolution of Disputes in the Sharia Capital Market in Indonesia

Novea Elysa Wardhani
article en

Abstract

This article examines the concept and implementation of legal certainty in the resolution of disputes in Indonesia's Sharia capital market. As part of the national financial system, the Sharia capital market adheres not only to general capital market regulations but also to Islamic legal principles. The article identifies normative and practical challenges in ensuring dispute resolution mechanisms that are consistent with both positive law and Islamic values. Using a normative juridical approach supported by secondary legal materials, this study reveals that legal certainty in the Sharia capital market is still evolving, particularly in terms of institutional authority, procedural clarity, and the enforceability of Sharia-based decisions. The role of the Indonesian Ulema Council (MUI), the Financial Services Authority (OJK), and religious arbitration institutions such as Basyarnas is analyzed in depth. The findings highlight the need for an integrated regulatory and institutional framework that ensures both compliance with Sharia and the protection of investor rights. The article concludes that the future of dispute resolution in the Sharia capital market depends on harmonizing positive law with Islamic jurisprudence to foster a more just, transparent, and legally certain investment climate.

Pena Justisia Media Komunikasi dan Kajian HukumVol. 24(1)
University of Palangka Raya (ID)
Openalex Percentile: Top 58%
Islamic Finance and Banking Studies
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Legal Certainty in the Resolution of Disputes in the Sharia Capital Market in Indonesia — Novea Elysa Wardhani · Pena Justisia Media Komunikasi dan Kajian Hukum (2025) | TGRS Research Map | TGRS