TINJAUAN HUKUM EKONOMI SYARIAH TERHADAP PRAKTIK JASA PEMBUATAN KARYA TULIS ILMIAH DI PERGURUAN TINGGI

Abstract

The widespread practice of charging fees for scientific writing services among students indicates a degradation of academic honesty and a deviation from ethical educational principles. This practice not only contradicts academic moral values ​​but also raises legal issues from the perspective of Islamic Economic Law and positive law in Indonesia. In Islamic Economic Law, every economic activity must fulfill the principles of halalness, justice, and avoid elements of fraud (tadlis) and ambiguity (gharar), while Law Number 20 of 2003 concerning the National Education System emphasizes the importance of academic integrity in the educational process. This study aims to analyze the legal status of the practice of charging fees for scientific writing services from the perspective of Islamic Economic Law and Law Number 20 of 2003. This study uses a library research method with a descriptive-analytical approach. Data were obtained from primary sources in the form of the Qur'an, hadith, ijma', and qiyas, as well as secondary sources in the form of books, scientific journals, and relevant laws and regulations. The research results show that formally, this practice fulfills the elements of an ijarah contract due to the agreement, the object of the service, and the reward. However, substantially, this practice contradicts the principles of Sharia Economic Law because it contains elements of fraud, deception, and harm, making the wages obtained non-halal. From a positive legal perspective, this practice also harms academic integrity and carries the potential for administrative and criminal sanctions.