TASYRIR DIGITAL SEBAGAI METODE PENAGIHAN UTANG DI ERA FINTECH: TINJAUAN HUKUM EKONOMI SYARIAH

Abstract

The growth of the financial technology (fintech) lending industry in Indonesia has given rise to a new phenomenon in debt collection practices known as digital tasyrir, which refers to the act of publicly shaming or threatening debtors through mass messages, social media posts, and the dissemination of personal data. This study aims to analyze the practice of digital tasyrir from the perspectives of Islamic economic law and Indonesian positive law. Employing a normative juridical research method with statutory, conceptual, and maqasid al-shari'ah approaches, this study examines various DSN-MUI fatwas, OJK regulations, and fiqh muamalah doctrines. The findings reveal that digital tasyrir is prohibited (haram) under Islamic law as it violates the principles of hifzh al-'irdh (preservation of honor) and hifzh al-nafs (preservation of life), contradicts DSN-MUI Fatwa No. 117/DSN-MUI/II/2018, and infringes upon the Electronic Information and Transactions Law, the Personal Data Protection Law, and POJK No. 10/POJK.05/2022. This article recommends strengthening regulations based on Islamic principles, developing dignified collection mechanisms, and promoting Islamic digital financial literacy.