SMART CONTRACT JUAL BELI MELALUI JARINGAN BLOCKCHAIN PERSPEKTIF HUKUM ISLAM

Idwar Rabbani Kurnia, NIM.: 19103080058 (2023) SMART CONTRACT JUAL BELI MELALUI JARINGAN BLOCKCHAIN PERSPEKTIF HUKUM ISLAM. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Individuals are used to using a computer or smartphone with internet connection to conduct purchases and sales on e-commerce platforms. The ITE Law recognizes electronic contracts as a means of agreement between the parties, but given the numerous instances of data leaks brought on by e-commerce platform storage systems, this recognition is insufficient to give the parties a sense of confidence. There is no denying the possibility of a contract violation between the parties if an e-commerce platform is not used. Smart contracts are a subset of electronic contracts that have the traits and characteristics of automation taking the place of middlemen. However, as smart contracts are still in their early stages of development and constitute a novel technology, legal This kind of study employs a normative-juridical approach, drawing on relevant regulations and engagement law concepts. It is conducted in libraries. Utilizing documentation techniques from a range of primary and secondary sources of research-related material, the data gathering procedure was completed. The compiler implements lines of code by referring to a model of smart contracts that is taken from practitioners. The problem was then studied and analyzed using the theoretical framework of contract law as a positive legal view, making reference to both contracts and the Civil Code and muamalah fiqh. This served as the theoretical foundation for analysis from an Islamic law perspective. A description process was then carried out using qualitative content analysis. The result of research findings, smart contracts have the same legal force as other contracts because they satisfy all legal requirements and are governed by the principles of technology neutrality and freedom of contract, which allow parties to use any existing technology to create agreements. However, because they are in conflict with the Currency Law, smart contracts cannot be utilized as a medium for agreements with public officials and will be illegal if employed in Indonesian communities and areas. In contrast, smart contracts are viewed as legitimate under Islamic contract law as long as they fit the terms and circumstances of the agreement; otherwise, they are considered d{aruriyyah because of alterations in custom.

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