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All Journal Jurnal Akta JURNAL CENDEKIA HUKUM Journal Analytica Islamica Legal Standing : Jurnal Ilmu Hukum Unes Law Review Journal of Humanities and Social Studies Academy of Education Journal MUKADIMAH: Jurnal Pendidikan, Sejarah, dan Ilmu-ilmu Sosial Al-Kharaj: Journal of Islamic Economic and Business Rayah Al Islam : Jurnal Ilmu Islam SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL Community Development Journal: Jurnal Pengabdian Masyarakat LEGAL BRIEF Jurnal Pengabdian kepada Masyarakat Nusantara Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) SENTRI: Jurnal Riset Ilmiah Cessie : Jurnal Ilmiah Hukum QANUN: Journal of Islamic Laws and Studies Hukum dan Demokrasi (HD) Riwayat: Educational Journal of History and Humanities IIJSE El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam Jurnal Sosiologi USK (Media Pemikiran & Aplikasi)
Sativa, Annisa
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Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Journal : Journal Analytica Islamica

 1 
MISUSE OF THE SARDINE FISH CRACKERS BRAND WITHOUT THE BUSINESS OWNER'S PERMISSION IN TEMBUNG VILLAGE, DSN FACT PERSPECTIVE NUMBER 1/MUNAS/VII/5/2005 Erwin, Intan Nabillah; Sativa, Annisa
Journal Analytica Islamica Vol 14, No 2 (2025): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v14i2.25830

Abstract

Brands are an important part of Intellectual Property Rights (IPR) that function not only as product identity, but also as a strategic instrument in marketing and legal protection. This study examines the practice of unauthorized misuse of the “Sardine Fish Crackers” brand in Tembung Village, Medan, and assesses its legal accountability from the perspective of Law Number 20 of 2016 and the DSN MUI Fatwa Number 1/MUNAS/VII/2005. The research method used is empirical juridical through interviews with business actors and analysis of related legal documents. The results of the study indicate that brand misuse occurs due to low legal literacy, cost and time constraints in brand registration, weak supervision, and the motive of instant profit. From a positive legal perspective, this action violates the exclusive rights of brand owners and can result in civil and criminal sanctions. Meanwhile, from an Islamic legal perspective, this action is categorized as unjust and haram because it violates the principle of property rights protection (huquq maliyyah). This research emphasizes the urgency of increasing legal awareness, enforcing regulations, and educating small business owners so that trademark abuse practices can be prevented and a fair and ethical business climate can be realized.
CONSUMER PROTECTION AGAINST COUNTERFEIT MOTORCYCLE OIL PRODUCTS FROM THE MAQASID SYARIAH PERSPECTIVE (CASE STUDY OF A WORKSHOP IN MEDAN AREA DISTRICT) Syadiki, Hasbi; Sativa, Annisa
Journal Analytica Islamica Vol 14, No 2 (2025): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v14i2.25751

Abstract

The circulation of counterfeit oil harms consumers because it reduces the quality of engine performance, increases the risk of vehicle damage, and jeopardizes user safety. The main factors influencing this phenomenon are low consumer awareness, weak supervision, and economic benefits for business actors. This study aims to examine consumer protection against the circulation of counterfeit oil in Medan Area Sub-district workshops from the Maqasid Syariah perspective, identify the factors causing it, and evaluate the effectiveness of consumer protection regulations. The method used is empirical juridical with a qualitative descriptive approach to describe consumer protection against counterfeit oil in practice. The results showed that the circulation of counterfeit oil contradicts the Maqasid Syariah principles, especially Hifz al-Mal (protection of wealth) because it causes financial losses, and Hifz an-Nafs (protection of life) because it increases the risk of accidents. Although consumer protection regulations already exist, supervision is still weak so that the circulation of counterfeit oil remains rampant. Therefore, more optimal law enforcement and increased consumer awareness are needed to be more selective in choosing the motorcycle oil products used.
RESTRUCTURING OF MOTORCYCLE SALE-BASED FINANCING THROUGH MEDIATION FROM THE PERSPECTIVE OF MASLAHAH MURSALAH Lubis, Rabbiyatul Atdawiyah; Sativa, Annisa
Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v15i1.28093

Abstract

The development of motorcycle purchases through financing schemes continues to increase, but this has implications for the increased risk of default due to late payments, especially during economic pressures such as the Covid-19 pandemic. This condition demands a settlement mechanism that not only provides legal certainty for financing institutions but also protects consumers so that obligations can still be met without losing the object of financing. This study aims to analyze financing restructuring as a solution to resolve defaults in motorcycle sales and purchase agreements, as well as assess the function of mediation as a dialogue space that produces a new, fair agreement based on the perspective of maslahah mursalah. The study uses a normative juridical method with a statutory and conceptual approach, through a review of the Civil Code, POJK No. 14/POJK.05/2020, and PERMA No. 1 of 2016, accompanied by a study of relevant literature. The results of the study indicate that financing restructuring (rescheduling, reconditioning, and restructuring) is effective in maintaining contract sustainability and reducing potential losses for both parties. Mediation plays a strategic role as a mandatory deliberation mechanism prior to litigation, allowing for proportional adjustments to payment schemes and avoiding protracted conflicts. From a maslahah mursalah perspective, mediation-based restructuring represents a solution that brings benefits, prevents harm, and maintains the socio-economic stability of the parties. These findings confirm that the dialogic-restorative approach is a more humane and relevant model for resolving financing disputes in contemporary legal practice.
LEGAL PROTECTION FOR VIDEO CONTENT CREATORS ON SOCIAL MEDIA THAT ARE REUPLOADED TO THE FACEBOOK PRO PLATFORM BASED ON MUI FATWA NUMBER 1 OF 2003 CONCERNING COPYRIGHT Putri, Andini Eka; Sativa, Annisa
Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v15i1.28467

Abstract

Reuploading is the activity of re-uploading other content creators  videos on social media. Facebook is one platform that is starting to gain popularity. With the introduction of Meta's newest feature, Facebook Professional, which allows for commissions upon account monetization. The phenomenon of reuploading video content on social media, particularly on the Facebook Pro platform, has raised issues of copyright infringement and economic losses for the original creators, as many creators re-upload other creators' videos without permission for commercial purposes. This study aims to examine legal protection for creators of videos that are re-uploaded without permission based on MUI Fatwa Number 1 of 2003. The research uses an empirical juridical approach to examine the application of law in social life and legal norms of the practice of re-uploading video content creators on the Facebook Pro platform based on MUI Fatwa Number 1 of 2003 and Law Number 28 of 2014. The results of this study indicate that the reason Facebook Pro creators reupload other content creators' videos without permission is for account monetization. MUI Fatwa Number 1 of 2003 explicitly states that all forms of copyright infringement, including piracy, are haram and constitute injustice because they harm the creator's economic rights. Creators who reupload other content creators' videos without permission, even removing watermarks for commercial purposes, must pay the original video owner for economic rights. Therefore, this study concludes that MUI Fatwa Number 1 of 2003 explicitly states that all forms of copyright infringement, including piracy, are haram and constitute an unjust act because they harm the creator's economic rights.
Co-Authors Afsah, Siti Alfatunisah, Alfatunisah Anasta, Qhadizah Ansari Ansari Aradimas, M. Ilham Arantik, Rida Erwin, Intan Nabillah Firdaus, Amalina Hafsari, Vita Hanafi Harahap, Fachrul Harahap, Eka Putriani Harahap, Mhd.Yadi Harniz, Innat Adlan Adillah Hasibuan, Nahda Irham, M. Iqbal Lubis, Ar-Rohim Lubis, Nora Elviana Lubis, Rabbiyatul Atdawiyah Manurung, Sukma Ayu Muhammad Rayhan Munthe, Muhammad Asdon Mutia, Nur Nabilla, Tasya Putri Panjaitan, Budi Sastra Putri, Andini Eka Rinaldi, Abdul Sidik, Erwanda Siregar, Hajijah Rizkinami Siregar, Hassya Gita Sari Syadiki, Hasbi Syafitri, Rizka Wanto, Sugeng Yesinta Yusri, Lisa Zeta Donita, Zahra