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The Role of the Aceh Truth and Reconciliation Commission in Efforts to Restore the Rights of Conflict Victims in Aceh M. Luthfi Delfian; Chairul Fahmi; Muslem Muslem; Safinaz Mohd Hussein; Shafiyah Rahmah
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.485

Abstract

The armed conflict in Aceh for nearly three decades has had serious impacts on civil society, including family loss, psychological trauma, poverty, and limited access to justice. The establishment of the Aceh Truth and Reconciliation Commission (KKR) is an important effort in the framework of transitional justice to uncover the truth and restore victims' rights. However, the cancellation of Law Number 27 of 2004 concerning KKR by the Constitutional Court erased the basis of national law, thereby weakening the state's responsibility in the recovery of victims. This study aims to analyze the role of the Aceh KKR in restoring victims' rights and the impact of the repeal of the law on the effectiveness of recovery. This study uses an empirical-normative method with a legislative and sociological approach. Primary data were obtained through in-depth interviews with three families of conflict victims in Blang Bintang District, Aceh Besar, while secondary data came from academic literature, laws and regulations, and reports from human rights institutions. The analysis was carried out qualitatively to understand the relationship between the legal framework and the social reality of the victim. The results of the study show that the Aceh KKR carries out recovery through disclosure of the truth, reparation recommendations, and social reconciliation. However, the absence of national legal support creates legal uncertainty, administrative barriers, and psychological burdens for victims. Thus, the Aceh KKR plays an important but limited role in the national legal vacuum. Therefore, this study recommends strengthening the national legal framework that supports transitional justice as well as the implementation of effective and sustainable reparations for conflict victims.
LEGAL PROTECTION FOR LOCAL PRODUCTS IN ASEAN MARKET LIBERALISM: A Legal Analysis and Fiqh Muamalah Perspective Rozatul Fadilla Azza; Chairul Fahmi; Riza Afrian Mustaqim
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 7 No. 1 (2026): 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.v7i1.9675

Abstract

Market liberalisation in Southeast Asia through the ASEAN Economic Community (AEC) has created a new economic paradigm that emphasises the free flow of goods, services, and investment. However, this integration poses significant challenges to the sustainability of local products, especially those produced by Micro, Small, and Medium Enterprises (MSMEs). This journal aims to analyse in depth the legal protection mechanisms for local products in Indonesia within the framework of ASEAN liberalism and review them from the perspective of Fiqh Muamalah. Using a normative juridical approach, this study examines the synchronisation of Indonesian positive law, such as the Trade Law and the Job Creation Law, with sharia principles such as justice (‘adl), benefit (maslahah), and protection (himayah). The analysis shows that although national legal instruments have sought to protect through non-tariff measures and the empowerment of MSMEs, structural imbalances and regulatory ambiguities continue to harm local producers. The Fiqh Muamalah perspective offers a reconstruction of policy through the state’s role as murabbī (guide) to ensure market balance and economic sovereignty for the people.
Legal Protection for Micro, Small, and Medium Enterprises in Aceh: Conflict between the Banking Law and the Qanun on Islamic Financial Institutions Yusri, Yusri; Fahmi, Chairul; Muazzin, Muazzin; Fitri, Ria; Rasyid, Laila Muhammad
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 2 (2026): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/x0zr9x17

Abstract

This study aims to analyze legal protection for Micro, Small, and Medium Enterprises (MSMEs) in Aceh Province amidst the contestation between the National Banking Law, the Qanun on Sharia Financial Institutions (LKS), and the obligation to halal certification. Since the enactment of Aceh Qanun Number 11 of 2018, the banking system in Aceh has undergone a total transformation towards sharia, which has created challenges in capital accessibility and regulatory harmonization. On the other hand, the Halal Product Guarantee Law requires certification for all MSME products, with a transition deadline for micro-enterprises until 2026. This study uses empirical legal methods, analyzed with the theory of asymmetric autonomy and legal pluralism. Data were collected by referring to document studies and in-depth interviews. The study concludes that legal protection is needed for MSMEs in Aceh, which still face structural obstacles due to disharmony between central and regional regulations and limited sharia-supporting infrastructure. Therefore, from the perspective of the theory of asymmetric autonomy, it provides space for the formation of regulations tailored to the sociological and philosophical characteristics of the Islamic-based Acehnese society. Legal pluralism also makes it possible to harmonize state law, Islamic law and customary law so that they can live side by side de facto and de jure. The research recommends strengthening the operational technical regulations of the Qanun LKS and integrating the halal industry ecosystem through a more inclusive Sharia People's Business Credit (KUR) financing scheme to ensure the economic sustainability of the Acehnese people.
Measuring WTO Approaches in Resolving Palm Oil and Biofuel Trade Disputes from Indonesia Chairul Fahmi; Peter-Tobias Stoll
BESTUUR Vol 12, No 2 (2024): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v12i2.94203

Abstract

Indonesia is the world's leading producer of palm oil, with significant exports to European Union member states. However, the EU has recently imposed stricter limitations on palm oil imports, particularly from Indonesia, through policies such as the Renewable Energy Directive (RED) and RED II. This article examines the measures imposed by the WTO to address this trade dispute. Using a doctrinal approach, the study collects data from primary legal sources, such as laws, regulations, and court decisions, as well as secondary sources, including journals and books. The findings reveal that Indonesia's request for negotiations with the EU was rejected, prompting the WTO to establish a panel. However, the panel's decision lacks legal force until the appeal process is concluded. The situation is further complicated by the Appellate Body's inability to function due to the United States’ deliberate refusal to approve new appointments, leaving the dispute unresolved. Consequently, the WTO Dispute Settlement Body's ruling lacks legal certainty, raising the potential for a trade war between Indonesia and the EU. This research underscores the need for effective dispute resolution mechanisms within the WTO to address such critical trade issues.
A Challenge and Development of Corporate Zakat Distribution on Shari'ah Commercial Banks in Nanggroe Aceh Darussalam Ida Friatna; Chairul Fahmi; Azka Amalia Jihad
Al-Amwal : Jurnal Ekonomi dan Perbankan Syari'ah Vol 17, No 1 (2025)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70095/alamwal.v17i1.18465

Abstract

The purpose of this study is to find out how the concept and mechanism of corporate zakat distribution in Islamic banking, as well as the challenges and obstacles in the issuance of corporate zakat with special case of Islamic Commercial Banks in Aceh. This study uses a normative sociological approach where the main data is obtained from the results of interviews and annual reports of Islamic banking in Aceh from the period 2020 to 2021. Data collection techniques through interviews and documentation data. The results showed that of the 4 Islamic Commercial Banks only Bank Muamalat Indonesia paid corporate zakat and the other 3 Banks only issued employee zakat. But the three banks in 2020 did not issue their zakat to Baitul Mal but to zakat institutions managed through foundations. One of the obstacles or causes of some Islamic Commercial Banks that do not pay zakat to Baitul Mal is that at that time covid-19 was rife, this resulted / had an impact on the bank experiencing a decrease in income or it could be said that the economy was paralyzed due to the impact of covid-19, finally the zakat management organization decreased its income. So the zakat that should have been issued by the company to Baitul Mal has been channeled to the handling of the corona virus public health center for needs during the pandemic, the aim is that the community can avoid the covid outbreak that is currently raging.