Perlindungan Hukum terhadap Pelaku UMKM dalam Akad Mudharobah di Lembaga Keuangan Mikro Syariah

Abstract

This study analyzes legal protection for Micro, Small, and Medium Enterprises (MSMEs) acting as mudharib (partners) in mudharabah contracts at Islamic microfinance institutions (LKMS). Using a descriptive qualitative approach through a comprehensive literature review, the study uncovers an imbalance between formal regulations, such as Law Number 21 of 2008 concerning Islamic Banking and the DSN-MUI Fatwa Number 07/DSN-MUI/IV/2000, and field practices, which often deviate through modifications to mudharabah muqayyadah contracts. Findings indicate that 70% of disputes at the Sharia Financial Supervisory Agency (BPSK Syariah) stem from unproven claims of negligence, resulting in losses of MSME assets due to disparities in bargaining power. The study recommends a standard contract model, amendments to the Financial Services Authority Regulation (POJK), and sharia literacy training to uphold the principles of pure mudharabah, supporting financial inclusion and empowering MSMEs in Indonesia's Islamic economy. Thus, this research provides an important contribution to the development of fairer and more sustainable Islamic economic legal policies, particularly in supporting the strategic role of MSMEs as the main pillar of the national economy.