TELAAH KRITIS TERHADAP HUKUM PERJANJIAN KONVENSIONAL DAN SYARIAH DALAM KONTEKS TRANSAKSI MODERN DI INDONESIA

Abstract

Contract law in the Indonesian national legal system is regulated by Article 1320 of the Civil Code (KUHPerdata). This article establishes four requirements for a valid contract: agreement between the parties, legal capacity to enter into a contract, the existence of a specific object, and a lawful cause. These four requirements are the primary foundation for determining whether an agreement is legally binding.

The fulfillment of these four elements forms the basis for the legality of an agreement, making it legally binding for the parties. In this context, contract law serves to protect the rights and obligations of each party fairly. Thus, the principles of justice and legal certainty can be upheld in every contractual relationship in society.

Meanwhile, Sharia contract law developed in response to the Muslim community's need for a legal system consistent with religious values. This law not only upholds formal legal aspects but also prioritizes the principles of justice, honesty, and blessings in every transaction. Sharia contract law integrates Islamic teachings into modern legal practice, thus providing a legal alternative that is not only legally valid but also spiritually appropriate.

The role of the National Sharia Council (DSN) under the Indonesian Ulema Council (MUI) is crucial in providing a foundation for contemporary ijtihad (religious ijtihad) in the practice of Sharia contracts. Written agreements under this system not only serve as legally valid evidence but also reflect ethical commitments based on Sharia. Thus, Sharia contract law is able to address the challenges of modern business transactions without abandoning the fundamental principles of Islamic teachings