Ahmad Maulidizen's Doctoral Promotion Exam, Transaction Fairness: Freedom of Contract and Legal Protection of Financing Customers at BPRS
Ahmad Maulidizen's Doctoral Promotion Exam, Transaction Fairness: Freedom of Contract and Legal Protection of Financing Customers at BPRS

Auditorium of Prof. Dr. Suwito, MA SPs UIN Jakarta, SP NEWS – The Graduate School (SPs) of UIN Syarif Hidayatullah Jakarta held the 1664th Doctoral Promotion Exam in the Auditorium Room of Prof. Dr. Suwito, MA on Friday, February 13, 2026 with promovendus Ahmad Maulidizen.

Maulidizen is a student of the Doctoral program in Islamic Studies with a concentration in Sharia Economic Law. His dissertation is entitled "Transaction Fairness: Freedom of Contract and Legal Protection of Financing Customers at BPRS". His dissertation highlighted the urgency of transaction justice in micro-level Islamic banking.

This dissertation was born out of a deep concern for the reality of banking contracts. Maulidizen highlighted the imbalance in the bargaining position in the standard contract that has been used by BPRS, where micro customers are often in a weak position and have no choice but to accept the terms proposed by the bank.

Using a mixed research method, Maulidizen dissects this problem from various perspectives: normative, empirical, and explanatory. He not only tested the theory on paper, but also conducted in-depth interviews with key informants at three major institutions, namely BPRS Amanah Ummah, BPRS Insan Cita, and BPRS HIK Parahyangan, in order to accurately photograph the reality on the ground.

The results of his research revealed a fact that is quite surprising for the Islamic banking industry. He found that the principle of freedom of contract in the BPRS contract is still a mere formality and has not yet touched the substantive level. Even though the contract has been legally signed, micro customers in fact have almost no negotiation space to determine the crucial clauses in the agreement.

Some crucial points that escape the reach of customer negotiations include administrative costs, determination of guarantees, and the amount of late fines. Not only that, customers also often do not have a voice in determining the restructuring mechanism or financing execution process if obstacles occur in the future, which often burdens the position of small communities.

Regarding legal protection, this study maps the existence of three layers of protection that are currently running, namely the normative layer through regulations, the procedural layer through complaint channels, and the moral-social layer with a family approach. However, Maulidizen emphasized that the three layers have not been fully effective in ensuring the basic rights of micro customers in full and fairly.

Lack of transparency and overly technical use of contract language often become a "giant wall" for micro-customers to understand their rights and obligations. This creates a risk where the customer is merely the object of the contract, not an equal legal subject in the sharia economic ecosystem that upholds justice ('adl).

As a solution to this problem, Maulidizen offered a breakthrough in the form of a Reformulation of the Standard Contract into a Participatory Contract with Justice. This model is not just a change in documents, but a paradigm shift in the world of Islamic banking to better humanize customers through clearer information disclosure.

This participatory contract model emphasizes simplifying contract language so that it is easy for the general public to understand, as well as providing a more real negotiation space on crucial points. Thus, it is hoped that a balance will be created between the bank's business interests and the protection of the economic rights of micro customers in accordance with the principles of Maqasid Syariah.

This dissertation is expected to make a significant contribution to regulators such as the Financial Services Authority (OJK) and DSN-MUI in improving the standards of Islamic banking contracts in the future. This finding is a reminder that the essence of Islamic banking is not only in the label, but also in the justice felt by the lowest society.

Maulidizen successfully defended his dissertation under the guidance of Prof. Dr. Muhammad Maksum, MA, Prof. Dr. Ade Sofyan Mulazid, S.Ag, MH, and was tested in front of a board of examiners consisting of Prof. Dr. Zulkifli, MA, Prof. Dr. Muhammad Maksum, MA, Prof. Dr. Ade Sofyan Mulazid, S.Ag, MH, Prof. Dr. Kamarusdiana, MH, Prof. Dr. Mujar Ibnu Syarif, M.Ag, Dr. Afwan Faizin,  MA.

After paying attention to the writing of the dissertation, the comments of the examiner team and the answers of the promovendus, the examiner team determined that Ahmad Maulidizen graduated with the title of Very Satisfactory. Ahmad Maulidizen is the 1664th Doctor in the field of Islamic Studies, a doctoral program at the Graduate School of UIN Syarif Hidayatullah Jakarta. (JA)