Perlindungan Hukum Nasabah Dalam Pembiayaan Syariah: Telaah Normatif Terhadap Prinsip Keadilan dan Kepastian Hukum

Abstract

Legal protection of customers is an important aspect of Islamic financing because the relationship between financial institutions and customers is not only based on contractual relations but also on the principles of justice and Sharia compliance. This study aims to analyze customer legal protection in Islamic financing from the perspectives of justice and legal certainty. This research employs normative legal research using statutory and conceptual approaches. The research materials consist of primary, secondary, and tertiary legal materials collected through a literature study and analyzed qualitatively and descriptively through normative analysis. The findings show that the legal framework for customer protection is supported by the Islamic Banking Law, Consumer Protection Law, regulations issued by the Financial Services Authority, and Sharia principles. However, substantive protection still faces potential imbalances arising from information asymmetry, the use of standard-form contracts, disproportionate risk allocation, and the limited certainty of dispute resolution mechanisms. The study finds that effective legal protection requires the integration of information transparency, balance of rights and obligations, risk proportionality, contractual legal certainty, and fair dispute resolution mechanisms. Such integration is essential to establish customer protection that promotes substantive justice, legal certainty, and compliance with Sharia principles.