Integration of Positive and Sharia Law Protection in the Practice of Car Rental Services: A Case Study in Makassar City

Abstract

This research aims to analyze legal protection for car rental service business actors in Makassar City with a qualitative case study approach. The object of research is Makassar Car Rental A23, which was chosen because it reflects the general practice of the vehicle rental business. Data were obtained through observation, in-depth interviews, and documentation, then analyzed thematically. The results show that the contract mechanism used is still informal and based on social trust, without adequate legal documentation. Risks such as vehicle damage, default, and identity fraud have not been anticipated contractually. Business actors have a limited understanding of the Consumer Protection Law and rely more on non-juridical settlements. Ijarah agreements are only understood terminologically, not substantively, so they do not fully reflect sharia principles. The conclusion shows that legal protection has not been effective due to weak integration between positive legal norms, sharia principles, and social practices. Updating sectoral regulations, increasing legal literacy, and drafting ijarah-based contracts that are appropriate to the local context are needed. This research contributes to the strengthening of legal protection in sharia economic practices in the informal sector.