Publication
Proof of a letter at the trial of the IKNB Fintech Peer-to-Peer Lending Sharia dispute
In general, the proof of the letter in front of the trial, the attorney offered to the council of two documents namely: (1) the original document of the proof of the letter; (2) Photocopy of the letter document that has been attached to the stamp (legalized). But this is not possible if the principal is the IKNB fintech peer-to-peer lending sharia.
Judges in the Religious Court as a court in the sharia economic dispute are still unfamiliar in trying the case related to the sharia fintech, so it is necessary to ensure the evidence that is only in the form of a photocopy of the signature of the contract also writing the name of the party (not a signature in general), in addition Judge Evidence from IT activities such as signatures should be in the form of barcodes (such as barcodes in birth certificates or family cards).
The DSP Law Firm Team (16/06/2022) as the attorney of one of the sharia fintechs in Indonesia has submitted proof of letter by giving confidence to the Panel of Judges of the Central Jakarta Religious Court, that the original proof of letter is indeed a print out of the system (platform), so it is impossible to be shown in physical form in general (such as wet signatures on the seal). The judge's confidence in the evidence of one of them is to present a team from fintech sharia to open the application directly and download directly from the application used by the fintech sharia company (as the organizer) and partners (financing recipients).
The proof of the letter shown through the application in sequence include:
1. Wakalah Bi Al Ujrah contract between organizers and prospective recipients of funders (borrower).
2. Kafalah contract from the recipient of financing (borrower).
3. Wakalah contract from shohibul maal (lender) to the organizer.
4. Murabahah contract between organizers and financing recipients.
The attorney representing IKNB fintech sharia must be able to translate maqashid from each of these contracts, because the main problem is basically in the murabahah contract, but other contracts cannot be released because it is a series of peer-to-peer lending activities with Sharia principles themselves.
We DSP Law Firm (Legal Sharia Partner) is very open to discussions with the perpetrators of the Syariah Fintech IKNB for legal risk mitigation on the Syariah fintech peer-to-peer transaction. May Allah SWT give strength, health, convenience and guidance for all of us in guarding the Islamic economy in Indonesia. Amen!
Judges in the Religious Court as a court in the sharia economic dispute are still unfamiliar in trying the case related to the sharia fintech, so it is necessary to ensure the evidence that is only in the form of a photocopy of the signature of the contract also writing the name of the party (not a signature in general), in addition Judge Evidence from IT activities such as signatures should be in the form of barcodes (such as barcodes in birth certificates or family cards).
The DSP Law Firm Team (16/06/2022) as the attorney of one of the sharia fintechs in Indonesia has submitted proof of letter by giving confidence to the Panel of Judges of the Central Jakarta Religious Court, that the original proof of letter is indeed a print out of the system (platform), so it is impossible to be shown in physical form in general (such as wet signatures on the seal). The judge's confidence in the evidence of one of them is to present a team from fintech sharia to open the application directly and download directly from the application used by the fintech sharia company (as the organizer) and partners (financing recipients).
The proof of the letter shown through the application in sequence include:
1. Wakalah Bi Al Ujrah contract between organizers and prospective recipients of funders (borrower).
2. Kafalah contract from the recipient of financing (borrower).
3. Wakalah contract from shohibul maal (lender) to the organizer.
4. Murabahah contract between organizers and financing recipients.
The attorney representing IKNB fintech sharia must be able to translate maqashid from each of these contracts, because the main problem is basically in the murabahah contract, but other contracts cannot be released because it is a series of peer-to-peer lending activities with Sharia principles themselves.
We DSP Law Firm (Legal Sharia Partner) is very open to discussions with the perpetrators of the Syariah Fintech IKNB for legal risk mitigation on the Syariah fintech peer-to-peer transaction. May Allah SWT give strength, health, convenience and guidance for all of us in guarding the Islamic economy in Indonesia. Amen!
