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All Journal Al-Manahij: Jurnal Kajian Hukum Islam Islam Futura Wahana Akademika: Jurnal Studi Islam dan Sosial Journal of SouthEast Asian Human Rights Journal of Indonesian Legal Studies Jurnal Penelitian Politik Jurnal Ilmiah Peuradeun Arabi : Journal of Arabic Studies PETITA: Jurnal Kajian Ilmu Hukum dan Syariah (PJKIHdS) SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal Ilmiah Al-Syir'ah Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial TSAQAFAH Jurnal Ilmu Hukum Tambun Bungai Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial Wahana Akademika: Jurnal Studi Islam dan Sosial Al-Manahij : Jurnal Kajian Hukum Islam Kunuz: Journal of Islamic Banking and Finance Heritage of Nusantara: International Journal of Religious Literature and Heritage An Nuqud: Journal of Islamic Economics As-Siyadah: Jurnal Politik dan Hukum Tata Negara JURISTA : Jurnal Hukum dan Keadilan Al-Mudharabah Jurnal Pengabdian Mahakarya Masyarakat Indonesia Antmind Review: Journal of Sharia and Legal Ethics
Chairul Fahmi
Universitas Islam Negeri Ar-Raniry Banda Aceh
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Snouck Hurgronje’s Doctrine in Conquering the Holy Revolts of Acehnese Natives Chairul Fahmi
Heritage of Nusantara: International Journal of Religious Literature and Heritage Vol. 10 No. 2 (2021): HERITAGE OF NUSANTARA
Publisher : Center for Research and Development of Religious Literature and Heritage

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (776.127 KB) | DOI: 10.31291/hn.v10i2.628

Abstract

This article aims to analyze the role of Christian Snouck Hurgronje in Aceh warfare (1873-1902). Snouck Hurgronje was involved in the Dutch war in Aceh by advising military chiefs of the best approach to conquer the insurgency in the Aceh region. The article is qualitative research, in which data is primarily extracted from secondary resources, such as books, journals, and other related sources on this topic. The paper found that after the Dutch declared war on Aceh on 26th March 1873, they were exhausted and lost against the Acehnese revolt. The Dutch government finally recruited an Islamic and Oriental expert from Leiden University, Prof Christian Snouck Hurgronje, to find the best way to conquer the rebellion in Aceh. This recruitment was also intertwined with the academic motivation of Hurgronje to understand Islam and its society of Aceh. Accordingly, Hurgronje suggested that the best solution to end the Acehnese resistance was by establishing a good partnership with the Acehnese royal chiefs called ‘Uleebalang’ on the one hand and demolishing the resistance groups that led by the ulama (Islamic scholars) groups on the other hand. Snouck Hurgronje believed that the ulama was the most radical Islamic institution who led a holy war against the Dutch colonial regime in Aceh. As a result, the Dutch military chief interpreted his recommendation by deploying all resources to hunt and execute the ulama and their followers. In some cases, this military operation caused a genocide of innocent peoples such as women, the elderly, and children.
THE ROLE OF LOCAL GOVERNMENT IN MAINTAINING COFFEE PRICES VOLATILITY IN GAYO HIGHLAND OF INDONESIA Chairul Fahmi; Rahmi Putri Febriani; Laila Muhammad Rasyid; Ahmad Luqman Hakim
PETITA: JURNAL KAJIAN ILMU HUKUM DAN SYARIAH Vol 8 No 1 (2023): MAINTAINING THE CONSTITUTIONAL RIGHTS TO CREATE A BETTER SOCIETY
Publisher : LKKI Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/petita.v8i1.168

Abstract

During the Covid pandemic from 2019 until 2022, coffee prices in Gayo Highland have experienced multiple drops and high volatility. This study aims to investigate the role of the local government in maintaining the volatility of coffee prices in the Bener Meriah district of the Gayo Highland area. This study used data on coffee prices at the producer level, the planters and the reseller. o examine the local government policy and practice, we use the theory of Tas'ir al-Jabari. The results show that the local government has issued several policies to protect the planters' coffee prices, including activating the Warehouse Receipt System (WRS), conducting training and socialization on coffee management, and conducting coffee rehabilitation and rejuvenation programs. However, the local government's effort has yet to be maximized due to the lack of power of the local government to intervene over the price volatility. The prices are heavily influenced by supply and demand, as are the prices of other commodities. Therefore, the local government's policies for securing coffee prices have yet to be able to reflect the principles of at-Tas'ir Aljabari, in which the ruler has absolute authority to control and manage the market price of coffee beans in the Gayo Highland region. Abstrak: Selama pandemi Covid dari tahun 2019 hingga 2022, harga Kopi di dataran tinggi Gayo penurunan dan berfluktuasi. Penelitian ini bertujuan untuk mengetahui kebijakan pemerintah daerah dalam menjaga volatilitas harga di pasar lokal di wilayah Gayo. Penelitian ini menggunakan data harga kopi di tingkat produsen, pekebun dan reseller. Untuk mengkaji kebijakan dan praktik pemerintah daerah, kami menggunakan teori Tas’ir al-Jabari. Hasil penelitian menunjukkan bahwa pemerintah daerah telah mengeluarkan beberapa kebijakan dalam melindungi harga kopi pekebun, antara lain dengan mengaktifkan Sistem Resi Gudang (SRG), melakukan pelatihan dan sosialisasi pengelolaan kopi, melakukan program rehabilitasi dan peremajaan kopi. Namun, upaya pemerintah daerah belum maksimal karena kurangnya kekuatan pemerintah daerah untuk melakukan intervensi atas anjloknya harga biji kopi di pasar. Semua harga sangat dipengaruhi oleh penawaran dan permintaan. Oleh karena itu, kebijakan pemerintah daerah untuk mengamankan harga kopi belum mampu mencerminkan prinsip at-Tas’ir Aljabari, yang mana pemerintah mempunyai hak absolut untuk mengontrol harga pasar terhadap komoditas biji kopi diwilayah dataran tinggi Gayo. Kata kunci: Pemerintah Daerah, Jaga Harga Kopi, Volatilitas Di Dataran Tinggi Gayo
Revitalisasi Penerapan Hukum Syariat di Aceh (Kajian terhadap UU No.11 Tahun 2006) Chairul Fahmi
TSAQAFAH Vol. 8 No. 2 (2012): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v8i2.27

Abstract

The process of Islamic law legalization in Aceh since 1999 has not been reflecting the goals of the Islamic law application itself. This can be shown by the existing various crimes and violations against Islamic values, such as crime and other immoral conducts. This paper covers at least there elements of revitalization process which according to Soekanto from Friedman can be used as the measurement of  law application effectiveness. That is to say, the enforcement of law requires the execution of all interrelated elements namely rules of  law, law enforcement, and culture of  law. Accordingly, there are three basic points needed to revitalize this Islamic law. First is reforming the rule of acts, second is empowering awareness of  public towards law, and last is to perform law in better condition in term of  justice and prestige. This research uses literature approach by collecting many secondary sources regarding to the topic of  this study. Finally, it concludes that the application of  Islamic law in Aceh truly needs comprehensive and simultaneous revitalization and reform, so the application will actualize values of justice, prosperity and peace for Aceh. However, so far, the enforcement of law has not been optimized due to the conducts of people and law enforcement board which lack reflecting Shari’a values and orders.
ANALYSIS OF RISK COVERAGE AGREEMENT BETWEEN PT. J&T AND AN INSURANCE COMPANY FOR DELIVERY OF CONSUMER GOODS IN THE CONTEXT OF KAFALAH CONTRACT Jarmanisa; Siti Mawar; Chairul Fahmi; Azka Amalia Jihad
JURISTA: Jurnal Hukum dan Keadilan Vol. 5 No. 2 (2021): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jurista.v5i2.11

Abstract

The risk coverage agreement by PT JNT has been regulated in the Standard Operating Procedure which already has provisions and liability for the loss of consumer goods delivery. The responsibility of compensation can be given by means of guarantees submitted to users of transport services in the form of material and immaterial guarantees. Risk coverage provided by PT JNT to consumers can be in the form of compensation with different counts, seen from the insured goods. Compensated goods can be in the form of delay, damage, or loss. Based on these facts, the problems in this thesis are: How is the risk coverage agreement made by PT JNT with an insurance company to protect consumer shipping goods? How is the fulfilment of the agreed agreement clause in the claim process carried out by PT. JNT? and how is the perspective of the kafalah contract on the risk coverage agreement at PT. JNT with insurance companies in consumer shipments. In this research, the author uses an empirical juridical research approach and qualitative research type. Data collection in this case was obtained by interview and documentation techniques. The results of this study indicate that the consumer protection system implemented by PT JNT is not as effective as the one implemented by the insurance company sometimes not in accordance with the agreement and the Consumer Protection Law contained in Law Number 8 Year 1999. Risk coverage for the safety of goods is in accordance with the review of the concept of kafalah in fiqh muamalah where coverage for the safety of goods rests on the concept of helping.
COMPENSATION ON COPYRIGHT DUPLICATION IN PERSPECTIVE OF THE CONCEPT OF ḤAQ AL-IBTIKÂR: A STUDY ON PT ERLANGGA BANDA ACEH CITY Ova Uswatun Nadia; Chairul Fahmi
JURISTA: Jurnal Hukum dan Keadilan Vol. 4 No. 2 (2020): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jurista.v4i2.27

Abstract

Haq al-ibtikâr as the right to copyrighted works, in shar'i should be protected as intellectual property for the copyright holder. This study aims to determine how the legal efforts made by Erlangga Publishers Banda Aceh City against illegal duplication of books, and how the form of compensation made by Erlangga Publishers Banda Aceh City, as well as a review of the concept of haq al-ibtikâr against compensation on copyright duplication in Erlannga publishers Banda Aceh City. The type of research used is descriptive, data collection is done by library research and field research, data collection techniques by interview and observation. The results obtained that the management of PT Erlangga Banda Aceh City has been maximally to reduce and eliminate various forms of piracy and duplication of its copyright by way of socialisation to the public about the urgency of copyright and evaluation and investigation into various bookstores in Banda Aceh City. Follow-up on duplication is done in the form of a subpoena as a strong warning against copyright infringement by certain parties. Other legal actions in the form of compensation and criminal can not be done optimally because of the limitations of legal remedies that can be done, while in the central management of PT Erlangga efforts to compensate in the form of financial compensation has been done. In the concept of Islam haq al-ibtikâr becomes one of the sources of wealth for the owner and shar'i every wealth is protected from all forms of arbitrariness, so that the owner can bertasharruf according to his wishes.
BLASPHEMY ACCORDING TO THE ITE LAW AND ISLAMIC LAW: AN EXAMINATION OF THE MIRZA ALFATH CASE, INDONESIA Khairani Khairani; Chairul Fahmi; Aiyyub Sabar
JURISTA: Jurnal Hukum dan Keadilan Vol. 2 No. 2 (2018): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jurista.v2i2.44

Abstract

This research is about a case of insulting Islam committed by Malikussaleh University Faculty of Law Lecturer, Lhokseumawe Mirza Alfath who insulted Islam via the Internet. Based on the clarification of Mirza Al-Fath's statement, a lecturer at Malikussaleh University in the Lhokseumawe Police Chief's Hall, the Lhokseumawe City Ulema Consultative Assembly (MPU) concluded that Mirza Al-Fath's statements in the text, based on the criteria of the Aceh MPU Fatwa Number 4 of 2007, were heretical. Therefore, the researcher sees the case as a phenomenon of blasphemy in Lhokseumawe City. The researcher tried to see the case from the legal perspective of the ITE Law and Islamic Law how the sanctions given to Mirza Al-Fath. The method used in this research is field research method through normative approach. Research is conducted on regulations and legal materials. The purpose of this research is to further examine the problems that occur and how sanctions are given and see the extent of the legal status of the ITE Law and Islamic Law. The results of this study found that the basic criteria for blasphemy by Mirza Al-Fath is the emergence of a sense of hatred or hostility of individuals and/or certain community groups based on ethnicity, religion, race, and intergroup (SARA). Consideration of the ITE Law in regulating sanctions for perpetrators of blasphemy through social networks can be requested if the perpetrator is insafaf. Blasphemy is regulated in Article 28 paragraph (2) of Law Number 11/2008 on Electronic Information and Transactions. While the criminal provisions are regulated in article 45 paragraph (2) of Law Number 11 of 2008 concerning Electronic Information and Transactions. Meanwhile, according to Islamic law that everyone who harasses the values of sharia must be punished with death or recantation. The sanction given by Malikussaleh University is honourable dismissal as a lecturer.
ANALYSIS OF LEGAL ASPECTS ON DEBT TRANSFER FROM CONVENTIONAL BANK TO SHARIA BANK POST THE APPLICATION OF QANUN ACEH NO. 11 OF 2018 Chairul Fahmi; Wira Afrina
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol 4 No 1 (2023): Al-Mudharabah : Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The Government of Aceh has promulgated Qanun Number 11 of 2018 concerning Islamic Financial Institutions, in which all financial institutions, banking institutions and non-banking institutions must adopt Sharia principles, including all debts must be transferred to Islamic banks from non-Islamic banks. The purpose of this study is to determine the debt transfer process and the impact of debt transfer activities from Conventional Banks to Sharia Banks in Banda Aceh City and the suitability of its implementation after the enactment of Qanun No. 11 of 2018 concerning Islamic financial institutions in terms of the Hawalah contract. This research method uses an empirical juridical research approach. The research results show that there are several stages in the credit transfer implementation mechanism. Second, the impact for the bank is that it can increase bank margins; for customers, the impact is getting additional funds, and financial solutions with sharia transactions bases and can extend instalment of their debt. Finally, implementing the transfer of debt at Bank Syariah Indonesia (BSI) Banda Aceh City is in accordance with the established regulatory mechanism and with positive law and sharia law using the hawala contract.
UNDERSTANDING INTELLECTUAL PROPERTY RIGHTS IN THE INDONESIAN TRADING BUSINESS Nurul Maghfirah; Siti Zaviera; Daffa Alghazy; Chairul Fahmi
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol 3 No 2 (2022): Al-Mudharabah : Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v4i2.3384

Abstract

This article aims to find out the concept of Intellectual Property Rights (IPR) in Indonesia and its application in business ventures. In general, Indonesia has recognised IPR and has passed a number of laws related to IPR protection. This research uses a literature approach method, where data is obtained from secondary sources, both from books, articles and various references related to this research. The results show that the application of IPR in Indonesia is still experiencing various problems, where many IPR results are violated. Conversely, law enforcement against IPR violations is still very weak. This is inseparable from the scope of IPR which is categorised as part of civil law. This means that if no one reports and feels harmed by the IPR violation, then the violation is not followed up or handled by the authorities.
THE CONCEPT OF FRANCHISING IN THE INDONESIAN’S CIVIL LAW AND ISLAM Iwandi Iwandi; Rustam Efendi; Chairul Fahmi
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol 4 No 2 (2023): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i2.3409

Abstract

The franchise concept is an agreement between the franchisor and the franchisee. This means that the franchisor, as the patent owner of the trademark, has the right to receive a certain amount of royalties or fees to be paid by the franchisee based on legal provisions. Franchise agreements are regulated in Indonesian civil law with regard to special rights to trademarks. While in Islamic law, the franchise agreement is actually a development of a form of cooperation (syirkah). This research uses the library research method, where data sources come from laws and other secondary data. The results of this study indicate that a franchise agreement under civil law, which refers to Article 4 of Government Regulation No. 42 of 2007 on Franchising, states that every franchise agreement of any kind must be made in writing by the parties. The existence of a franchise agreement is an innominaat contract. Innominaat contracts are contracts that arise, grow and develop in practice. From the perspective of Shari'ah economic law, franchise agreements belong to the group of shirkah (partnership) and the law is permissible. In addition, the franchise agreement involves the cooperating parties, namely the franchisor and the franchisee. Meanwhile, the franchisor's capital consists of intellectual rights in the form of company names, logos, systems and methods, which are owned and developed by the franchisor.
PRAKTIK JUAL BELI DESAIN GRAFIS MELALUI SISTEM HIRING DALAM PERSPEKTIF AKAD ISTISNA’ PADA MARKETPLACE SRIBU.COM Cut Azzahra Muly; Chairul Fahmi
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol 5 No 1 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i1.4545

Abstract

The practice of buying and selling graphic designs through the Sribu.com marketplace via a hiring system is a phenomenon that facilitates collaboration between clients and designers efficiently and transparently. The problem in this research is how to practice buying and selling graphic designs on the Sribu.com marketplace through the hiring system and how to review the Istisna' contract. The results of this research indicate that from an Islamic legal perspective, this transaction can be interpreted as a form of istisna' contract, which involves determining specifications, prices and payments based on the work that has been done. Any discrepancy between the design and the client's brief may result in the cancellation of the transaction as a valid option, taking into account the principles of fairness in dispute resolution. This practice allows the application of Islamic values and business principles in accordance with religious law in the context of the graphic design trade.
Co-Authors Ahmad Dakhoir Ahmad Luqman Hakim Aiyyub Sabar Akbar, Wahyu Alghazy, Daffa Amalia Amalia Audia Humairah Ayrin Sazwa Azka Amalia Jihad Azmil Umur Cut Azzahra Muly Cut Yulvizar Daffa Alghazy Fauzan, Faisal Irhamni Irhamni Iwandi Iwandi Iwandi, Iwandi Jainul Ubaidillah Jarmanisa Jefry Tarantang Khairani Mukdin Laila M. Rasyid Maghfirah, Nurul Makka, Misbahul Munir Masykur, Masykur Matsuno, Akihisa Misrahanum Misrahanum Muhammad Achyar Muhammad Siddiq Armia Muhammad Zulhilmi Nafi’ah, Himmaty Alimatun Nur Asnawi Nurul Maghfirah Ova Uswatun Nadia Rahmad Kurniawan Rahman, Malahayati Rahmi Putri Febriani Raihanun Nisa Rasyid, Laila Muhammad Riadhus Sholihin Riadhus Sholihin Riyani, Syarifah Rukniza Rustam Efendi Rustam Efendi Shabarullah, Shabarullah Siti Mawar Siti Zaviera Sri Wahyuni Stoll, Peter-Tobias Syifa Un Nafsi Syukri Syukri Uswatun Hasanah Wahyu Akbar Wira Afrina Yusra Jamali Yusuf, Yusriaina Zaidiyah Zaidiyah Zaviera, Siti