KEMUNCULAN PASAR RAKYAT SYARIAH DI INDONESIA: STUDI ANALISIS POLITIK, BUDAYA HUKUM, DAN KAPITALISASI JAMINAN PRODUK HALAL

Agus Miswanto, NIM.: 20300011019 (2026) KEMUNCULAN PASAR RAKYAT SYARIAH DI INDONESIA: STUDI ANALISIS POLITIK, BUDAYA HUKUM, DAN KAPITALISASI JAMINAN PRODUK HALAL. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This study analyzes the dynamics underlying the emergence of Sharia People’s Markets (Pasar Rakyat Syariah) in Indonesia in response to the growth of the global Islamic economy and national policies on the halal ecosystem. This phenomenon has emerged amid persistent challenges facing traditional markets, which are often perceived negatively due to non-transparent trading practices, concerns about non-halal contamination, poor sanitation and hygiene, and weak governance. Although Islamic economics has been extensively studied, a significant research gap remains in the existing literature. In particular, there is a lack of studies examining Sharia People’s Markets within the real economic sector from the perspectives of the sociology of law and the politics of law, especially regarding how Halal Product Assurance (Jaminan Produk Halal/JPH) regulations interact with local power structures and the legal culture of communities operating within people’s markets. To address this gap, the study employed a socio-legal approach using a qualitative, analytical, and critical research design. The novelty of this research lies in the theoretical concept of the Multidimensional- Integrative Legal Construction, developed by the author through the synthesis of legal theories and scholarly perspectives. The validity and credibility of the data were ensured through comprehensive triangulation techniques. Source triangulation was conducted by cross-checking information obtained from various stakeholders, including halal authorities, market managers, traders, and consumers. Methodological triangulation combined participant observation, in-depth interviews, and regulatory document analysis. Meanwhile, analytical triangulation was undertaken by interpreting the field findings through multiple theoretical perspectives within the KHMI framework to ensure the analysis's objectivity. The findings answer three fundamental research questions. First, the phenomenon of Sharia People’s Markets emerged as a discursive “rupture” from the negative stigma associated with conventional traditional markets, driven by the dynamics of legal politics that accommodate the interests of the Muslim community through Halal Product Assurance (JPH) policies and the revitalization of people’s markets. Second, both substantively and structurally, the legal framework governing Sharia People’s Markets has been formed through the positivization of Sharia values into national legislation. However, legal fragmentation persists, leading to inconsistencies between the Halal Product Assurance Law (UU JPH) and the governance of people’s markets. Third, the legal culture of Sharia People’s Markets is shaped through the internalization of traders’ habitus and community social capital. Market success (acceptability) largely depends on strong local legal culture, as demonstrated by Pasar Az-Zaitun Surabaya. In contrast, market failure (discontinuity) tends to occur when initiatives are driven merely by symbolic political interests without strong cultural embeddedness, as observed in Pasar Campaka Cianjur. This study recommends harmonizing regulations by integrating substantive Sharia legal principles into national trade regulations to strengthen legal certainty. Local governments are encouraged to enhance halal literacy and develop a halal ecosystem through a legal culture approach rather than relying solely on symbolic labeling. Market managers should institutionalize supervisory mechanisms, such as a modern hisbah (Islamic market supervisory institution) or a Sharia Supervisory Board (Dewan Pengawas Syariah/DPS), to safeguard the integrity of market transactions. Academically, the theoretical contribution of this dissertation offers a new analytical framework that may serve as a model for future socio-religious research investigating the commodification of religion in the real economy.

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