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All Journal Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Gender Equality: Internasional Journal of Child and Gender Studies Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law JURISTA : Jurnal Hukum dan Keadilan Al-Mudharabah
Ida Friatna
Universitas Islam Negeri Ar-Raniry Banda Aceh
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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SHARIA ECONOMIC DISPUTE SETTLEMENT AT THE SYAR'IYAH COURT OF BANDA ACEH AND LHOKSEUMAWE Friatna, Ida
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 14 No. 1 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i1.19984

Abstract

Contracts that occur between the parties often end in disputes that result in conflicts and disputes, thus requiring legal settlement. Settlement of sharia economic disputes can be done through litigation (religious court/syar'iyah court) or through non-litigation (arbitration). This study wants to find answers to the following questions: what are the reasons behind the occurrence of sharia economic disputes?; How is the authority and mechanism of the syar'iyah court to resolve sharia economic disputes? and are there any obstacles faced by the Syar'iyah Court of Banda Aceh and the Syar'iyah Mahkamah of Lhokseumawe in resolving sharia economic cases?. The research method uses a qualitative approach and the type of juridical normative-juridical empirical research. Data collection is done by interview. The results obtained from the research that has been carried out are that there are several factors behind the occurrence of sharia economic disputes, including breaking promises/waning achievements and there are acts against the law/getting out of contracts/agreements between the parties. Regarding the authority of the syar'iyah court, in accordance with Law Number 3 of 2006 amendments to Law Number 7 of 1989 concerning the Religious Courts, in which the authority of the Religious Courts/Syar'iyah Courts is added to the settlement of sharia economic cases. Regarding the mechanism for resolving sharia economic disputes, it is guided by material law and applicable formal law. Furthermore, in resolving sharia economic cases, the Syar'iyah Court of Banda Aceh and the Syar'iyah Court of Lhokseumawe did not encounter significant obstacles. Because sharia economic cases are still few compared to cases that are under the authority of other Sharia Courts.
WAQF MANAGEMENT ACCORDING TO LAW NUMBER 41 OF 2004 ON WAQFIN: A case study at the Al Muslim University Foundation Indonesia Muthawalli; Ida Friatna; Husni bin Abdul Jalil
JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 2 (2025): 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: 10.22373/jurista.v9i2.275

Abstract

This article aims to analyse the management of waqf by institutional trustees at the Almuslim University Foundation in Bireuen from the perspective of Law No. 41 of 2004 on Waqf and fiqh muamalah. This study employs a qualitative method with a legal-empirical approach to evaluate the alignment between normative regulations and the practice of managing productive endowments at the institutional level. The findings reveal that the Almuslim University Foundation in Bireuen has fulfilled its role as a nazir by endeavouring to develop endowment assets, such as constructing educational facilities and engaging in productive collaborations. However, this management still faces several challenges, including the lack of integrated financial reporting, the dominant use of endowment proceeds for consumptive financing without a long-term capitalization strategy, and the risk of legal uncertainty regarding the status of assets derived from management, which could trigger administrative disputes. These conditions pose a potential threat to the accountability and sustainability of the social and economic functions of endowments. Therefore, institutional capacity building, enhancing the professionalism of administrators, improving digital-based reporting systems, and optimising oversight by the Indonesian Waqf Board are necessary. These findings underscore that the implementation of professional and transparent waqf governance principles is key to making waqf a sustainable and accountable instrument for community empowerment.
THE ROLE OF THE FINANCIAL SERVICES AUTHORITY (OJK) IN PROTECTING FINTECH P2P LENDING CUSTOMERS FROM THE PERSPECTIVE OF MAQASHID SYARI'AH Farhan Akbar; Ida Friatna; Riadhus Sholihin
JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 2 (2025): 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: 10.22373/jurista.v9i2.316

Abstract

This research examines the role of the Financial Services Authority (OJK) in protecting fintech Peer-to-Peer (P2P) lending customers in Aceh from a maqashid sharia perspective. P2P lending services, which are part of the development of financial technology (fintech), have proliferated in Aceh as an alternative financing solution that is faster and more flexible than conventional financial institutions. However, this growth also presents new risks, especially to consumer protection. This research employs a descriptive qualitative approach, utilizing interviews, literature reviews, and observational methods. The results show that OJK has made various efforts to supervise fintech P2P lending, including through regulations, digital monitoring systems, and public education. From the perspective of maqashid sharia, the protection carried out by OJK against customers reflects efforts to protect the soul (hifz al-nafs) and property (hifz al-mal), which are part of the primary objectives of Islamic law. Based on the analysis, the author considers that OJK's role in supervising and protecting fintech P2P lending customers has shown significant alignment with the principles of maqashid sharia, especially in the aspects of hifzh al-nafs (guarding the soul) and hifzh al-mal (guarding wealth).
Co-Authors Aidila Safitri Alifa Fadila Asnawi, Syukri Azka Amalia Jihad Burhanuddin Abd. Gani Delfi Suganda Erizaldi Putra Farhan Akbar Fira Salsabila Zuhra Husni bin Abdul Jalil Jalilah Jalilah Muhammad - Riza Muhammad Maulana Muthawalli Nabila Merriza Nahara Eriayanti Putra, Erizaldi Riadhus Sholihin Riza Afrian Mustaqim Safitri, Aidila Syahrizal Abbas Syukri Syukri Asnawi Tajul Muna Raya Guna Tajul Muna Raya Guna Vitra Munayathul Hasma Wahid, Nazaruddin Abdul