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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.
MULTI-LEVEL MARKETING AGREEMENT WITH ITS MEMBERS AT PT NATURA PRIMA BEAUTY BASED ON FATWA NO. 75/DSN-MUI/VII/2009 Nabila Ramadhani; Soraya Devi; Safira Mustaqilla
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 6 No. 2 (2025): 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.v6i2.8362

Abstract

This article examines the rapid development of modern marketing systems, particularly through Multi-Level Marketing (MLM), in Aceh, a region that implements Islamic law comprehensively. This raises questions about the compliance of MLM practices with the principles of Islamic muamalah, particularly in reference to DSN-MUI Fatwa No. 75/2009 on Sharia Direct Selling (PLBS). This study focuses on two issues: (1) the conformity of MLM agreements applied by PT Natura Prima Beauty with DSN-MUI Fatwa No. 75/2009; and (2) the form of agreements used by the company for its members. Using a qualitative juridical-normative method combined with field research at the Banda Aceh Stockist, the findings indicate that agreements are not established through individual written contracts but are instead regulated by a collective code of ethics binding all members. The code of ethics outlines rights, obligations, and prohibitions, and is considered a valid contract (akad) from a sharia perspective. Bonus mechanisms based on real sales, transparency through IT systems, and upline–downline mentoring ensure fairness and business sustainability. Overall, this practice meets the 12 requirements set by DSN-MUI Fatwa No. 75/2009, although challenges remain in terms of formal regulation in Aceh.
Co-Authors Azka Amalia Jihad Intan Qurratulaini Khalid Akbar Muhammad Hafidh Sufli Nabila Ramadhani Nurdin Bakri Soraya Devi Sri Deviana Siska