Harmonisasi Prinsip Syariah Dan Kekayaan Intelektual: Studi Kasus Perlindungan Produk Unggulan Masyarakat Lokal

This study discusses the harmonization of Sharia principles and the Intellectual Property (IP) legal system in the protection of local community's superior products. The purpose of this study is to analyze the relevant Sharia principles in the protection of Intellectual Property (IP) for local community's superior products and to formulate the ideal form of harmonization between Sharia principles and positive law to achieve fair and effective protection. This study uses qualitative research methodology with a sociological normative approach through document studies of legislation (Law No. 20 of 2016 and Government Regulation No. 56 of 2022), MUI fatwa No. 1/MUNAS VII/MUI/5/2005, academic literature, and relevant case analysis. The results of this study show that Sharia principles include the recognition of IP as mal/huquq maliyyah, justice ('adl), benefit (maslahah), the permissibility of muamalah processes, and the prohibition of exploitation, which are in line with the objectives of positive law. However, the implementation of IP protection still tends to be formal and administrative, so it has not been optimal in protecting local communities. The implications of this study emphasize the need for affirmative policies, assistance in the enforcement and registration of rights, strengthening the recognition of communal IP, and transparent benefit-sharing mechanisms so that IP protection can be oriented towards substantive justice and the empowerment of local communities.