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All Journal FOKUS: Jurnal Kajian Keislaman dan Kemasyarakatan Islamika : Jurnal Ilmu-Ilmu Keislaman Jurnal Independent The Indonesian Journal of Islamic Law and Civil Law Jurnal Integrasi Ilmu Syariah (Jisrah) Al Hurriyah : Jurnal Hukum Islam Al-Istinbath: Jurnal Hukum Islam JME (Journal of Mathematics Education) Al Ushuliy
Nabilah, Wardatun
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Religion Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Neuroscience Social Sciences Other

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Journal : Al Ushuliy

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THE ROLE OF THE CONSTITUTIONAL COURT AS A POSITIVE LEGISLATOR IN THE FRAMEWORK OF POWER DISTRIBUTION Vebriani, Anita; Zainuddin, Zainuddin; Nabilah, Wardatun
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 2 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i2.13724

Abstract

The central focus of this thesis is to examine the boundaries of the Constitutional Court's authority as a Positive Legislator within the framework of the Doctrine of Power Distribution. The study aims to identify and define the limits of the Constitutional Court's role as a Positive Legislator while exploring its implications within the broader constitutional framework.This research employs a normative juridical (library research) approach with a qualitative typology. Primary data sources include the 1945 Constitution of the Republic of Indonesia, Law Number 24 of 2003 concerning the Constitutional Court, Law Number 7 of 2017 concerning General Elections, and various Constitutional Court decisions. Secondary legal materials, such as relevant books and journals, complement the primary data to provide a comprehensive analysis.The findings of this study reveal two key points. First, regarding the Constitutional Court's decisions with elements of positive legislator authority, cases such as Decision Number 60/PUU-XXII/2024 and Decision Number 90/PUU-XXI/2023 illustrate how the Court's rulings can develop and modify legal norms. These decisions demonstrate that the Constitutional Court, through its role as a Positive Legislator, may issue rulings that adapt laws to societal contexts and needs, provided they remain consistent with the 1945 Constitution of the Republic of Indonesia.Second, concerning the limits of the Constitutional Court's authority, its jurisdiction is explicitly outlined in Article 24C paragraph (1) of the 1945 Constitution and Article 10 paragraph (1) of the Constitutional Court Law. These provisions empower the Court to review laws against the Constitution, adjudicate disputes over the authority of state institutions as defined by the Constitution, resolve cases involving the dissolution of political parties, and settle disputes over election results. In its judicial review capacity, the Constitutional Court traditionally acts as a Negative Legislator by nullifying norms that contradict the Constitution. However, in certain cases, such as Decision Number 90/PUU-XXI/2023, the Court assumes the role of a Positive Legislator by creating or introducing new legal norms, thereby expanding its influence within the legal system.
Market Consignment Transactions and Their Legal Implications under Islamic Economic Law: Evidence from Ombilin Market Wani, Anisa; eficandra, eficandra; Alfiander, Dodon; Arianti, Farida; Nabilah, Wardatun
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol. 4 No. 2 (2025): Vol 4 No 2
Publisher : UIN Mahmud Yunus Batusangkar

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Abstract

This study examines the mechanisms of price determination, profit distribution, and loss management in consignment sales transactions at Ombilin Market, Nagari Simawang. The research aims to analyze how prices are set, how profits are shared, and how losses or unsold consigned goods are handled within consignment-based trading practices at the market. The research adopts a field-based qualitative approach using a descriptive method. Data were collected from both primary and secondary sources. Primary data were obtained through observations and semi-structured interviews with traders and owners of consigned goods at Ombilin Market, while secondary data were gathered from other traders and community members with knowledge of local consignment practices. Snowball sampling was employed to identify relevant informants. Data analysis was conducted by systematically describing the empirical findings and interpreting them using relevant theoretical and legal frameworks. The findings reveal that price determination is carried out through mutual agreements between traders and consigned goods owners, taking into account prevailing market prices, operational costs, and demand conditions. Profit distribution is generally based on prior agreements, whereby traders receive approximately 30–40 percent of the total profit, while the remaining share is allocated to the owners of the consigned goods. In cases of losses arising from unsold goods, several mechanisms are applied, including returning the goods to the owners, renegotiating prices through sales to wholesalers at lower rates, sharing storage-related losses, or purchasing the goods at reduced prices upon mutual consent. When consigned goods are damaged, liability rests with the owner, provided that the trader has fulfilled the obligation to report the damage. From the perspective of Sharia economic law, the implementation of consignment agreements at Ombilin Market is consistent with the principles of wakālah bi al-ujrah. Price determination practices reflect Sharia principles of fairness and economic welfare, profit distribution corresponds to agreed-upon proportions, and loss management aligns with the concept of ḍamān in Islamic economic law.
Co-Authors Alfiander, Dodon Ardiansyah, Diyan Dewi Putri Dian Ningtias, Ayu Dian Pertiwi Eficandra Eficandra Farida Arianti Fuat, Fuat Hayati, Riska Fauziah Herlina, Popi Khairina Khairina, Khairina Nofrianti, Mami Octavia, Nurul Aini Putri, Siska Elasta Risalah, Dewi Rizal, Deri Salma, Rahmi Febriyanti Shodiq, Ja'far Surya Sari Faradiba Vebriani, Anita Wani, Anisa Warman, Arifki Budia Widjajanti, Kristina Yustiloviani, Yustiloviani Zainuddin, Zainuddin Zulkifli Zulkifli