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THE FORMALIZATION OF SHARIA IN ACEH PROVINCE: A GENDER PERSPECTIVE Teuku Saiful; Indra Kesuma Hadi; Humaira Humaira
Kanun Jurnal Ilmu Hukum Vol. 25, No. 1, April 2023: Legal Developments in National and Global Context
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v25i1.35095

This paper explores the dimensions of gender equality within the context of law-making in Aceh province, emphasizing the importance of a gender perspective. Categorized as a normative study, it addresses the current issue by analysing principles, levels of synchronization, legal histories, and comparisons of constitutions. Additionally, an empirical study was conducted, involving interviews with relevant stakeholders directly involved in the development of Aceh Qanun. The findings of this paper highlight that Pancasila, the 1945 Constitution, and CEDAW serve as primary parameters for law-making and the implementation of gender equality in Indonesia. The formalization of shari'a in Aceh province, as a political endeavour by authorities, is seen as crucial for achieving both gender equality and the goals of shari'a (maqasid al-syariah). The inclusion of gender equality in the law-making process, particularly in relation to the implementation of shari'a in Aceh, is a principle that should be comprehensively understood and applied to ensure justice and equality for all genders in the formulation of qanun in Aceh.

DEFAULT IN THE SALE AND PURCHASE AGREEMENT OF A SHOPHOUSE IN NON-CASH AND ITS CONSEQUENCES ON HEIRS Panji Maulana; Muhammad Insa Ansari; Teuku Saiful
Multidisciplinary Indonesian Center Journal (MICJO) Vol. 2 No. 2 (2025): Vol. 2 No. 2 Edisi April 2025
Publisher : PT. Jurnal Center Indonesia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62567/micjo.v2i2.719

In binding the sale and purchase agreement between two parties must be carried out and obeyed in accordance with Article 1338 paragraph (1) of the Civil Code states that an agreement made legally will bind the parties as binding as the law and become law for them. The agreed agreement will give birth to obligations that must be carried out by the parties, if not carried out, there will be default due to breach of the agreed agreement. As happened between Baniyamin as the buyer and the late Muhammad Husen as the seller in the binding of the shophouse sale and purchase agreement, there was a default due to the seller not delivering the object of sale and purchase, the buyer had fully paid the price of the shophouse but did not get his rights so that the buyer was disadvantaged in the sale and purchase agreement. The results showed that the buyer made several efforts to obtain his compensation rights for defaults made by the heirs starting from family settlements, giving warning letters twice but there was still no response, and filing a default lawsuit to the Court. The heirs' responsibility for the testator's debt initially planned to pay Rp. 50,000,000. This amount is insufficient from the total loss suffered by the buyer, so that at the time of mediation in the Court the buyer gave the option to the heirs to be able to make payments in stages with a minimum of paying half of the total loss suffered, but the heirs were not able to do so.

LEGAL ANALYSIS OF THE HOLDERS OF RESPONSIBILITY RIGHTS WHOSE RIGHTS WERE TRANSFERRED BECAUSE THEIR GRANT WAS CANCELLED BY THE BANDA ACEH SYAR’IYAH COURT Deddy Yusuf; Zahratul Idami; Teuku Saiful
Multidisciplinary Indonesian Center Journal (MICJO) Vol. 2 No. 2 (2025): Vol. 2 No. 2 Edisi April 2025
Publisher : PT. Jurnal Center Indonesia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62567/micjo.v2i2.767

Article 6 of Law No. 4 of 1996 gives creditors the right to execute parate against the object of the mortgage. However, in decision No. 0112/Pdt.G/2017/MS-BNA, the Sharia Court annulled the deed of gift. This study aims to analyze the judge's considerations, the legal force of certificates and deeds in bank mortgages, and legal protection for mortgage holders. This study is a normative legal study. Data were collected and then analyzed qualitatively. The results of the study indicate that the judge annulled the gift because it did not meet the legal requirements according to Islamic law and the Compilation of Islamic Law. The decision has implications for the cancellation of all related documents, including the certificate of ownership, the deed of granting mortgage rights, and the credit agreement, so that they no longer have legal force as debt collateral. Legal protection of creditors due to cancellation of grants according to Article 11131 of the Civil Code, even though the collateral guarantee is cancelled, the creditor still has legal protection through general guarantees, namely that all of the debtor's assets can be used as objects of debt fulfillment and the creditor can request seizure of collateral and the application of the principle of good faith of the bank that has acted according to the procedure for granting credit. It is expected that judges will prioritize the principles of justice, proportionality, the principle of good faith, and substantive justice in banking and financing practices in Indonesia.

The Application of Qanun Jinayat Law in Handling Online Gambling Cases at West Aceh Syar’iyah Court Jurisdiction Rusnan Dinata; Mohd. Din; Teuku Saiful
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.721

The phenomenon of online gambling has become a serious problem in various regions, including West Aceh Regency. data on cases handled by the West Aceh District Syar'iyah Court in the period 2021 to 2024 shows a significant increase in cases. Online gambling as part of jarimah maisir has different characteristics from conventional forms of gambling, namely digital, hidden, cross-regional, and difficult to detect by the naked eye by law enforcement officials and the general public. The problems in this study are How is the application of qanun jinayat law against online gambling offenders in the jurisdiction of the West Aceh District Syar'iyah Court, What are the obstacles faced in applying the law to online gambling offenders based on qanun jinayat law, and What are the efforts to prevent online gambling violations in the West Aceh area. This research uses empirical legal methods with a field research approach and case studies. The results showed that the application of Aceh Qanun Number 6 of 2014 concerning Jinayat Law against online gambling offenders was in accordance with the procedures of jinayat law, but its implementation was still not optimal. The Syar'iyah Court has handled a number of cases, but the number is not proportional to the potential violations. The main obstacles include limited regional authority in blocking sites, lack of digital forensic experts, absence of district-level cyber units, and weak coordination between agencies. Prevention is carried out through digital education by DISKOMINSA, thematic dakwah by the Islamic Sharia Office, as well as the Gampong Tolak Judi Online programme involving the community and the formation of the Gampong Pageu Task Force.

Legal Protection for Heirs in a Dispute Over a Shophouse Sale and Purchase Agreement Panji Maulana; Muhammad Insa Ansari; Teuku Saiful
International Journal of Law and Society Vol. 2 No. 4 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i4.763

Basically, heirs have the same legal position as the testator in agreement disputes, including sale and purchase agreements made before the testator dies. However, in practice, there is often a discrepancy between the legal provisions and their implementation, especially when there is a conflict between the heirs and third parties. This can be seen in the dispute between Baniyamin as the buyer and the heirs of Muhammad Husen, where the shophouse sale and purchase agreement ended with a default on the part of the seller, so that the responsibility to provide compensation was imposed on the heirs. This research aims to analyse the legal position of the heirs in a dispute over a sale and purchase agreement involving the heir's estate and the form of legal protection that should be given to the heirs. This research uses normative juridical research and case study approach. Data analysis uses a qualitative method. The results show that the position of the heirs is found in the saisine principle in Article 833 of the Civil Code, the rights and obligations of the testator automatically pass to the heirs. The legal protection of heirs is regulated in Articles 833, 1045, and 1100 of the Civil Code, which provide the right to inheritance with debt responsibility limited to the value of the inheritance and the right to refuse harmful inheritance.

Regulatory Analysis of Electronic Wallet Intan Rachmadhani; Muhammad Insa Ansari; Teuku Saiful
International Journal of Law and Society Vol. 3 No. 2 (2026): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i2.897

The advancement of financial technology has resulted in the creation of electronic wallets that serve not only as payment instruments but also as platforms for electronic transactions and digital loan services. This situation engenders a conflict between the implementation and the prevailing regulation, specifically Bank Indonesia Regulation Number 18/40/PBI/2016 regarding Payment Transaction Processing, which raises concerns about legal certainty and user protection, particularly in relation to the delineation of supervisory authority between Bank Indonesia and the Financial Services Authority. This research aims to elucidate the regulation of electronic wallets in terms of legal clarity, legal protection, and oversight by the Financial Services Authority and Bank Indonesia concerning the adoption of electronic wallets. This study employs a normative legal methodology. Data is derived from secondary sources, encompassing primary, secondary, and tertiary legal literature. This study employs both a legislative and a conceptual methodology. The research findings suggest that the regulation of electronic wallets, as per Bank Indonesia Regulation, has not entirely met user requirements. Bank Indonesia Regulation Number 18/40/PBI/2016, on the Implementation of Payment Transaction Processing, does not explicitly address legal certainty and legal protection for users who deposit funds or utilise digital loan services on electronic wallets. This situation establishes a disparity between regulatory implementation and governing rules, which may result in insufficient oversight of electronic wallet operations and a discord of authority between Bank Indonesia and the Financial Services Authority regarding the supervision of financial transactions in Indonesia.

Legal Protection of Female Workers’ Leave Rights in Employment Practices in West Aceh Regency Munawwarah Munawwarah; Teuku Saiful; Suhaimi Suhaimi
International Journal of Sociology and Law Vol. 3 No. 3 (2026): August: International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v3i3.947

Female workers’ leave rights constitute normative rights protected under Article 79 of Law Number 13 of 2003 concerning Manpower, as amended by Law Number 6 of 2023 concerning Job Creation, as a form of legal protection for workers’ health and welfare. However, in practice within West Aceh Regency, the implementation of these rights still encounters several obstacles, including administrative requirements, managerial approval, and operational limitations within companies. This situation reflects a discrepancy between legal provisions and their practical implementation in the workplace. This study aims to examine the legal validity of female workers’ leave rights in employment contracts, the implementation of leave entitlements, and the forms of legal protection afforded to female workers in West Aceh Regency. The research employs an empirical juridical method with a qualitative approach through interviews and library research. The findings indicate that female workers’ leave rights possess a strong legal foundation and have been incorporated into employment agreements, thereby creating binding legal obligations for both parties. Nevertheless, the implementation of these rights has not been fully effective due to administrative barriers, managerial considerations, and limited workforce availability. Legal protection is provided through statutory regulations, employment contracts, and supervision by relevant authorities. Therefore, stronger oversight by the Department of Manpower, as well as greater consistency from companies in implementing leave provisions for female workers, is necessary to ensure effective legal protection.

Juridical Analysis on the Determination of Child Custody to the Father in Divorce Cases Lita Angraini; Teuku Saiful; Yusri Yusri
International Journal of Law, Crime and Justice Vol. 3 No. 2 (2026): June: International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v3i2.979

This study examines the juridical issue of granting custody of children who have not yet reached the age of mumayyiz to the father in divorce cases, a condition that deviates from Article 105 letter (a) of the Compilation of Islamic Law, which generally places custody of children under mumayyiz age with the mother. The study aims to analyze Indonesian legal provisions concerning child custody granted to fathers, judicial considerations in court decisions on such custody arrangements, and the juridical implications for the protection of children’s rights after divorce. This research applies a juridical-normative method through literature study of books, journals, court decisions, and relevant laws and regulations. The findings show variations in judicial reasoning. The first decision emphasized mediation agreements but failed to adequately consider the father’s history of domestic violence against the child. The second decision maintained custody with the father based on the child’s factual living conditions and psychological comfort, despite the existence of threats of physical violence. The third decision restored custody to the biological mother after the threat to the child was considered to have ended. The study concludes that custody of children under 12 years old may only be transferred to the father when the mother loses custody rights due to serious negligence. Nevertheless, the child’s safety, best interests, and legal protection must remain the primary considerations, requiring stricter judicial standards and integration between family and criminal law.

Juridical Analysis of the Use of Undercover Buy by Police Investigators in Narcotics Crimes Ashabul Jannah; Ida Keumala Jeumpa; Teuku Saiful
International Journal of Law, Crime and Justice Vol. 3 No. 2 (2026): June: International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v3i2.985

The use of the undercover buy technique in the investigation of narcotics crimes has obtained a legal basis in Law Number 35 of 2009 concerning Narcotics. However, the absence of detailed implementation arrangements regarding procedures, limits of authority, and the prohibition of entrapment has caused legal uncertainty and differences in interpretation among law enforcement officials. As a result, there is a disparity in court decisions, as seen in the Calang District Court Decision Number 18/Pid.Sus/2023/PN Cag which assesses the act of undercover buying as a form of investigator engineering even though elements of criminal acts have been proven. This study aims to explain and analyze the legal basis for the use of undercover buy investigation techniques by Indonesian Police Investigators in the Indonesian legal system as well as explain and examine the legal consequences arising from the application of undercover buy investigation techniques in narcotics crimes. This research is a normative juridical research with a legislative and conceptual approach. Data were analyzed qualitatively through the study of primary, secondary, and tertiary legal materials using legal interpretation techniques. The results of the study show that the Indonesian National Police Investigators are authorized to use the undercover buy technique based on the Narcotics Law and internal police policies. This authority is an attribution authority supported by police discretion, but it has not been supported by detailed implementation arrangements so that it has the potential to cause legal uncertainty. In addition, the use of undercover buy affects the validity of evidence in narcotics cases. If carried out according to procedures, the results can be used as valid evidence, while implementation that is not in accordance with procedures has the potential to cause procedural defects, invalidity of evidence, and human rights violations in the form of case engineering or entrapment. The suggestion of this study is the need for stricter regulation of undercover buying techniques through clear operational standards, limits of authority, and prevention of entrapment, accompanied by increased professionalism of investigators and internal supervision, and each implementation must be based on written orders to ensure legal certainty and the validity of evidence.

A Juridical Analysis of Unregistered Marriage Agreements at the Marriage Registration Office Chairul Yunadi; Teuku Saiful; Iman Jauhari
International Journal of Law, Crime and Justice Vol. 3 No. 3 (2026): September: International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v3i3.1014

Marriage agreements are agreements entered into before or after marriage that generally regulate the separation of marital assets. Under Article 147 of the Indonesian Civil Code and Article 29 of the Marriage Law, such agreements must be executed in the form of a notarial deed and registered with the Marriage Registration Office to be legally binding upon third parties. In practice, however, many spouses fail to register their marriage agreements, creating potential legal uncertainty. This study aims to analyze the legal consequences of unregistered marriage agreements and examine the responsibility of notaries in preventing such situations. The research employs a normative juridical method using statutory, case, and conceptual approaches. Primary, secondary, and tertiary legal materials were analyzed qualitatively. The findings reveal that an unregistered marriage agreement remains valid and binding only between the spouses but has no legal effect on third parties, as stipulated in Article 152 of the Indonesian Civil Code. Notaries are responsible not only for drafting marriage agreement deeds but also for providing legal counseling to ensure their registration with the Civil Registration Office or the Office of Religious Affairs. Therefore, spouses should register their marriage agreements to ensure legal certainty and protection for all parties.

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