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Tinjauan Hukum Islam Terhadap Perlindungan Hukum Bagi Donatur Based Crowdfunding (Studi Kasus Platform Kitabisa.com)
"Goal : To analyze the legal protection mechanism for donors on the Kitabisa.com
platform from two perspectives: 1.) An Islamic law review focusing on the
principles of amanah (trust), tabarru’ contract, and maslahah (public interest);
2.) A review based on the principles within the Financial Services Authority
Regulation (POJK) No. 37/POJK.04/2018.
Methods : This research employs a qualitative method with a library research
approach. All data used is secondary, obtained by analyzing various relevant
documents and literature, such as regulations, Islamic legal sources, books,
scientific journals, and official publications from Kitabisa.com and the OJK.
Fact/Finding : 1.) From an Islamic law perspective, donor protection at
Kitabisa.com is largely aligned with the principles of amanah, transparency, and
the tabarru’ contract concept. However, it is not yet optimal due to the absence
of an internal Sharia Supervisory Board (DPS) to continuously oversee Sharia
compliance. 2.) From the POJK review, a legal vacuum was identified as POJK
No. 37/2018 does not regulate donation-based crowdfunding. Consequently,
donor protection is based on self-regulation and lacks binding legal force and
formal guarantees, such as an independent audit. "
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