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All Journal JURISTA : Jurnal Hukum dan Keadilan Al-Mudharabah
Safira Mustaqilla
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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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.
HALAL MANAGEMENT OF THE PLTD APUNG TSUNAMI PARK OF ACEH, INDONESIA: A LEGAL ANALYSIS Muhammad Hafidh Sufli; Safira Mustaqilla; Intan Qurratulaini
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.v8i2.189

Abstract

This article aims to analyze the suitability of the management of Kapal PLTD Apung as a halal tourist attraction with the principles contained in Milk al-Daulah and Qanun Number 3 of 2022 concerning the Implementation of Halal Tourism in Banda Aceh city. This research uses a qualitative approach with descriptive analysis methods, as well as an empirical juridical approach to evaluate the implementation of halal tourism policies in the field. The research results show that although there have been efforts to adapt the management of Kapal PLTD Apung to halal tourism standards, there are still several challenges, such as physical damage, lack of innovation, lack of accessibility for people with disabilities, lack of halal certification for food and drinks, and lack of facilities. which makes it easier for visitors to access information. However, the management of Kapal PLTD Apung in most aspects reflects sharia values ​​and has great potential to contribute to the development of better and more sustainable halal tourism in Banda Aceh city.
LEGALITAS JUAL BELI PAKAIAN BEKAS IMPOR DI BANDA ACEH : Kajian Terhadap Fatwa DSN MUI No:110/DSN-MUI/IX/2017 Tentang Akad Jual Beli Khalid Akbar; Safira Mustaqilla; Azka Amalia Jihad
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)

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Abstract

This study aims to determine how the system of buying and selling imported used clothing in Banda Aceh is viewed from the perspective of fiqh muamalah and to examine it in terms of the elements of gharar and the fatwa of DSN-MUI No: 110/DSN-MUI/IX/2017 concerning the contract of sale. This study employs a qualitative method using a legal-empirical approach. The findings reveal that the system of buying and selling imported used clothing in Banda Aceh involves three parties in the transaction: the seller, the buyer, and the distributor. The seller orders and purchases clothing from the distributor in the form of bags without being allowed to inspect the contents. Upon arrival, the clothing is sorted according to quality, washed thoroughly, and then sold to the buyer. In general, the practice of buying and selling imported used clothing in Banda Aceh aligns with the principles and conditions of Islamic sales transactions. However, when examining the transactions between sellers and distributors of imported used clothing, there is an element of gharar, which involves uncertainty about the goods being purchased, as sellers are not permitted to inspect the goods in the bags before they are shipped. This falls under the category of gharar, which is not permitted in Islam.
EVALUATION SYSTEM OF STATE ASSISTANCE FUNDS FOR EDUCATIONAL INSTITUTIONS IN ACEH: An analysis of the ministerial regulation and the theory of milk al-daulah Maharani, Puteri Maizania; Nasrun, Mahdalena; Safira Mustaqilla
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.v9i2.254

Abstract

SMPN 1 Baitussalam is one of the recipients of BOS funds as referred to in Permendikbudristek No. 63 of 2023. However, the lack of transparency to the public and efficiency in its use raises issues that contradict Permendikbudristek No. 63/2023. This study examines the evaluation system for managing BOS funds in 2023 at SMPN 1 Baitussalam, Aceh Besar Regency, based on the concept of milk al-daulah, which emphasizes proper, transparent, and fair management. The method used is qualitative descriptive analysis with a formal juridical approach, data obtained through in-depth interviews, document studies, and field observations. The results of the survey indicate that SMPN 1 Baitussalam has effectively managed BOS funds by Permendikbud and the principles of milk al-daulah. However, the findings reveal that there are still instances where students are asked to contribute independently for competitions or school events, and some facilities, such as classroom chairs, are in unsuitable condition due to insufficient funds. Additionally, the BOS fund announcement board must be re-displayed to ensure public access. Therefore, this research recommends that the government increase the funding allocation to optimize school facilities.
CLAIMS FOR POSTNATAL MEDICAL SERVICES BY MIDWIVES THROUGH THE SOCIAL SECURITY ADMINISTRATOR IN KEMBANG TANJONG, PIDIE DISTRICT OF INDONESIA: AN ANALYSIS OF AKAD KAFALAH THEORY Rayhan Fazira; Safira Mustaqilla; Nahara Eriyanti
JURISTA: Jurnal Hukum dan Keadilan Vol. 10 No. 1 (2026): FORTHCOMING JUNE 2026
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.v10i1.330

Abstract

This study was motivated by the phenomenon of postpartum medical service claims submitted to the Social Security Agency (BPJS) in Kembang Tanjong Subdistrict, Pidie Regency, which directly affects the financial burden on independent midwives. In practice, midwives often have to cover the cost of patient treatment in advance before the claim funds are disbursed. The purpose of this study is to analyse the compatibility between the BPJS postnatal medical service claim system and the concept of kafalah in fiqh muamalah, as well as to identify the forms of risk coverage provided by midwives to patients. This study uses a qualitative method with a normative sociological approach. The results show that the BPJS claim system in the region substantially reflects the values of kafalah. Still, its implementation does not fully meet the principles of clarity (bayān) and justice (‘adl). Delays in claim payments and the layered bureaucracy within community health centres are the main factors contributing to an imbalance between the insurer’s rights and obligations and those of medical personnel. Nevertheless, the actions of midwives who continue to provide services even though they have not yet received payment reflect the value of ta‘āwun (mutual assistance) in Islam.
Co-Authors Azka Amalia Jihad Intan Qurratulaini Khalid Akbar Maharani, Puteri Maizania Muhammad Hafidh Sufli Nabila Ramadhani Nahara Eriayanti Nasrun, Mahdalena Nurdin Bakri Rayhan Fazira Soraya Devi Sri Deviana Siska