Rekonstruksi Hukum BNPL Syariah Berbasis Maqāṣid al-Sharī‘ah dan Perlindungan Konsumen

Abstract

The rapid development of Buy Now Pay Later (BNPL) in Indonesia raises legal issues concerning consumer protection, financial sustainability, and Sharia compliance. This study aims to reconstruct Sharia BNPL law by integrating maqāṣid al-sharī‘ah, consumer protection, and prevention of over-indebtedness. This library research employs a normative-doctrinal approach using statutory, conceptual, and philosophical perspectives. Data were obtained from relevant regulations, DSN-MUI fatwas, Sharia principles, scholarly literature, and institutional publications, analyzed through qualitative normative-prescriptive analysis. The findings reveal that existing BNPL regulation provides safeguards through eligibility assessment, credit scoring, information disclosure, data governance, and collection mechanisms. However, a normative gap remains between transaction-level eligibility and consumers’ overall financial sustainability. The study proposes five reconstruction directions: strengthening repayment-capacity assessment, considering cumulative obligations, improving financial transparency, integrating Sharia governance with consumer protection, and implementing proportionate collection. Maqāṣid al-sharī‘ah thus provides a substantive framework for achieving justice, wealth protection, and financial sustainability.