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REVIEW OF THE CONCEPT OF JU'ALAH ON INCOME EARNED FROM LIVE STREAMING ON SOCIAL MEDIA: A CASE STUDY ON TIKTOK APPLICATION Al Hilal Akbar; Nurdin Bakri
JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 2 (2024): 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.v8i2.217

Abstract

This research examines the concept of ju'alah in Islam and its application to income earned from live streaming activities on social media, focusing on the Tiktok application. Ju'alah is one of the contracts in fiqh muamalah, which is an agreement that promises certain rewards for parties who perform certain tasks. In the context of live streaming, the income received by streamers generally comes from audience gifts in the form of stickers which are then converted into money. The research method used in this study is a mixed methods research method that combines normative and empirical methods included in qualitative research. This research is descriptive in nature where most of the data used comes from interviews, observations in the form of sentences or narratives. The results of this study indicate that gifting is in accordance with the ju'alah contract if it is given after the implementation of the audience request. If there is fraud such as a gift has been given but the request has not been carried out in this case there is no positive legal action because there is no written agreement, while in Islam this is considered fraud so that the money earned by the creator is considered not halal.    
LEGAL CERTAINTY OF LAND GRANTS OF EX-USE RIGHTS ACCORDING TO LAW NUMBER 5 OF 1960 AND THE THEORY OF MILK AL-DAULAH Sri Deviana Siska; Nurdin Bakri; Safira Mustaqilla
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 5 No. 2 (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.v5i2.6630

Abstract

This study examines the legal uncertainty regarding the management of land previously under the Right to Cultivate (HGU) granted to PT Cemerlang Abadi in Babahrot District, Aceh, which presents a significant issue. Although the land has been utilised by around a thousand households for agricultural purposes, the government has not provided official certificates as legal proof of ownership. The slow administrative process and land redistribution by the Aceh government and the Southwest Aceh District Government contradict the principle of legal certainty as stipulated in Law No. 5 of 1960 on Basic Agrarian Regulations (UUPA). From an Islamic legal perspective, the land in question is a public asset that must be managed for the welfare of the people. This uncertainty poses potential social, economic, and legal risks, including future disputes. Therefore, concrete steps are needed, such as expediting data collection, issuing certificates, and providing legal education to the public. Addressing this issue would reflect social justice and the government's commitment to implementing fair and sustainable agrarian principles.
ANALYSIS OF FUEL RETAILERS’ PERSPECTIVE ON THE USE OF MEASURING MACHINES AND THE ACCURACY OF THE DOSE ACCORDING TO THE CONCEPT OF MABI’ Syuhada; Nurdin Bakri; Nurul Fithria
JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 1 (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

Abstract

In buying and selling transactions, Mabi’ is the core object involved between the seller and the buyer. Mabi’ can be goods offered by the seller and paid for by the buyer with money or a certain value. Sellers must also establish clear procedures, such as proper measurements or scales, to ensure the product has resale value and is attractive to buyers. The focus of this research is the use of electric measuring devices in retail fuel sales at gas stations, especially in filling Pertalite and Pertamax. This research employs an empirical juridical approach, where interviews are a primary method for gathering relevant data. The research results show that accurate measuring tools, such as a 3.5-meter-long hose, are crucial for ensuring accurate measurements in retail fuel dispensing. Traders need to know the accuracy of the measuring equipment used so that retail fuel filling is conducted within the provisions of the measuring machine. In this case, Mabi’ not only involves sellers and buyers, but also includes the role of supervisor or regulator to ensure transactions are carried out fairly and according to standards. Honesty, integrity, and accountability are crucial for maintaining the quality and accuracy of retail fuel buying and selling transactions, which ensures buyer satisfaction and seller profits.