THE LEGALITY OF SOCIAL GATHERING: BETWEEN TRADITION, LAW, AND DISPUTES

Abstract

Social Gathering is a socio-economic tradition deeply rooted in Indonesian society, serving as a form of mutual cooperation and a means of saving money. However, with the changing times, the practice has transformed into online formats involving increasingly large sums of money, thereby triggering various disputes such as payment defaults and breaches of contract. This study aims to analyze the legality of social gathering across three aspects: as a tradition, from a legal perspective, and within the context of dispute resolution. A normative-juridical method was employed, utilizing statutory, conceptual, and comparative approaches. Data sources included a literature review comprising the Indonesian Civil Code, the ITE Law (Electronic Information and Transactions Law), fiqh muamalah (Islamic commercial law) literature, as well as journals and court rulings related to social gathering disputes. The findings indicate that, as a tradition, social gathering is legitimate and aligns with the Islamic value of ta’awun (mutual assistance). However, under positive law, social gathering lacks a specific legal framework; consequently, it is categorized as an "unnamed contract" under Article 1338 of the Civil Code, which is governed by the principle of freedom of contract. This regulatory ambiguity creates legal vulnerability, particularly regarding online social gathering, which is susceptible to fraud. Disputes arising from social gathering can be resolved through non-litigation channels such as mediation, sulh (amicable settlement), and the intervention of community leaders or through litigation in general or religious courts. The study concludes that strengthened regulations and legal education are necessary to ensure that social gathering as a positive community tradition can operate without generating disputes. The concept of maslahat (public interest/benefit) in Islamic law and the principle of legal certainty in positive law can serve as a foundation for formulating legal protections for social gathering participants.