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JURISTA : Jurnal Hukum dan Keadilan
Published by Centre for Adat and Legal Studies of Aceh Province
ISSN : 19798571     EISSN : 25798642     DOI : https://doi.org/10.1234/jurista.v7i1
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
JURISTA: Jurnal Hukum dan Keadilan (JJHK), with ISSN No. 2579-8642 is a double-blind peer-reviewed journal that is published by the Centre for Adat and Legal Studies of Aceh Province (CeFALSAP), Indonesia. JJHK has the duty to publish original works of interest to the discipline of law in general, new theoretical developments, results of research that advance understanding of fundamental social processes, and important methodological innovations. All areas of law and social science are welcome in the Jurista Journal. The emphasis is on exceptional quality and general interest, including law, the development of law, socio-legal studies, political law, and other topics related to social science. JJHK has been issued two times in a year, in June and December. Jurista publishes articles engaging with a variety of theoretical debates in law including: Anthropological law Business law Comparative law Customary law Criminal law Environmental law studies History of law Islamic law International law Politics and law Private law Literature and law Marriage and gender issue Sociological law Sharia economic law Social science
Arjuna Subject : Ilmu Sosial - Hukum
Articles 156 Documents
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ANALYSIS OF THE QUALITY OF BULOG RICE IN THE PERSPECTIVE OF ISLAMIC ECONOMIC LAW:A STUDY IN ACEH BESAR DISTRICT, INDONESIA Azka Amalia Jihad; Al-Ayyubi Fikramullah; Shabarullah Shabarullah
JURISTA: Jurnal Hukum dan Keadilan Vol. 6 No. 1 (2022): 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: 10.1234/jurista.v6i1.2

Abstract

The sale and purchase of rice carried out by BULOG Aceh Besar Regency has problems related to the quality of rice traded due to the storage of rice for too long by BULOG, causing moisture and water content of rice to damage the quality of rice, and consumers feel disadvantaged when consuming it. This research aims to find out how the policy of Bulog Aceh Besar in maintaining the stability of price of rice products marketed by farmers, and how the policy of Bulog Aceh Besar in maintaining and controlling the quality of rice in the process of stocking rice in the warehouse. The methods used are field research and library research. This type of research is a case study that is empirical law. Data collection techniques through interviews, observation, documentation and literature review. The research findings show the following: First, the policy of Perum BULOG Aceh Besar in maintaining the stability of rice product prices is carried out by purchasing grain based on HPP provisions, maintaining prices at the farm level and maintaining adequate stocks and overcoming emergencies, disasters and food insecurity. Second, BULOG Aceh Besar's policy of maintaining and controlling the quality of rice in the process of storing rice in the warehouse is carried out through integrated warehouse pest management (PHGU), promoting warehouse cleanliness, monitoring the implementation of commodity and warehouse maintenance, conducting preventive activities and curative pest control activities such as fumigation in case of pest infestation. Thirdly, the review of mabi' in Fiqh Muamalah on the system of controlling the quality and quantity of rice at BULOG Aceh Besar is in line with Islamic economic principles, where BULOG, in maintaining the quality and quantity of rice, truly considers the benefits of many ummah in times of rice scarcity by not including elements of ihtikar in the form of one group's profit only.
LABOUR PROTECTION SYSTEM AT PDAM TIRTA DAROY ACCORDING TO IJÂRAH 'ALA AL-'AMÂL CONTRACT Muhammad Agiel Fahwan Gayo; Ridwan Nurdin; Badri Hasan
JURISTA: Jurnal Hukum dan Keadilan Vol. 5 No. 2 (2021): 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: 10.1234/jurista.v5i2.3

Abstract

The implementation of employment contracts in a company must prioritise the welfare of workers contracted by the company even though the employment contract mechanism itself has been determined in the Law, but there are several aspects in accordance with the contract in Islamic teachings that must be applied where this is regulated in the Ijarah Ala Al Amal contract, in this study the authors took research concentration in PDAM Tirta Daroy, where how the mechanism for implementing employment contracts at PDAM TIrta Daroy has been running according to the provisions of the Ijarah Ala Al Amal contract and the Labour Law, the problems in this study are; (1) How is the legal protection system for contract workers at PDAM Tirta Daroy? (2) How is the implementation of the work contract between the management of PDAM Tirta Daroy and contract workers in improving performance and quality? (3) How is the review of the Ijarah Ala Al Amal contract on the employment protection system at PDAM Tirta Daroy. This research uses qualitative methods and descriptive analysis approaches, with data collection techniques namely interviews, documentation and questionnaires. The data analysis carried out is by looking back at the results of interviews that have been collected, then processing the data through the editing process. The author concludes that the protection of contract needs in PDAM Tirta Daroy is in accordance with the provisions set in accordance with the Ijara Ala Al Amal contract, but some aspects in the form of welfare and wages must be given more attention, especially in terms of contract labour travel costs to field work, and also the need for more supervision of the work of contract workers working in the field to avoid the risk of unwanted events in the field.
INFAQ FUND GOVERNANCE SYSTEM AND ITS EFFECTIVENESS ON THE PERFORMANCE OF ZAKAT MANAGERS IN BAITUL MAL BANDA ACEH, INDONESIA Al Nasya Nurfajri; Nurdin Bakri; Yusriaina Yusuf
JURISTA: Jurnal Hukum dan Keadilan Vol. 6 No. 1 (2022): 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: 10.1234/jurista.v6i1.4

Abstract

Baitul Mal is a financial institution that manages Muslim funds for social activities. The language is formal, objective, and value-neutral, and clear structure with logical progression is maintained. Grammatical correctness is observed, and precise word choice is employed when needed. This study aims to assess infaq fund governance policies and provisions, its impact on 'amil performance, and its compliance with Aceh Qanun No.10 of 2018. Descriptive analysis and Allocation to Collection Ratio (ACR) are the research methods employed. Technical term abbreviations are explained when first introduced and causal connections between statements are ensured. The author's research findings indicate that the implementation of governance in Baitul Mal of Banda Aceh City is carried out by the commissioners and the Shari'ah Supervisory Board in accordance with Qanun Aceh provisions. Their role is to assess, direct and monitor policies and provisions in accordance with the principles of 'amil governance to ensure effective implementation. (2) The ACR measurement indicates a 58% effectiveness rating, which is considered quite effective. The program's effectiveness is determined by activities that were not realized due to insufficient budget, despite the availability of adequate infrastructure for implementing planned activities. (3) The percentage of infaq funds managed by Baitul Mal exceeds the provisions outlined in Aceh Qanun No.10 of 2018 regarding Baitul Mal. The program's effectiveness is determined by activities that were not realized due to insufficient budget, despite the availability of adequate infrastructure for implementing planned activities. (3) The percentage of infaq funds managed by Baitul Mal exceeds the provisions outlined in Aceh Qanun No.10 of 2018 regarding Baitul Mal. Based on the preceding explanation, it is evident that Baitul Mal in Banda Aceh City has performed its responsibilities and functions proficiently.
SUPERVISION SYSTEM OF THE TRANSPORT AGENCY ON INTERCITY TRANSPORT IN THE PERSPECTIVE OF AL-HISBAH Rina Rahmayana
JURISTA: Jurnal Hukum dan Keadilan Vol. 5 No. 1 (2021): 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: 10.1234/jurista.v5i1.6

Abstract

This study examines the supervision of the Aceh Provincial Department of Transportation (AKDP) from the perspective of the al-Hisbah concept, taking the Aceh Transportation Service as the object of study. Al-Hisbah is the most important form of monitoring economic life both internally and externally. The Department of Transportation is one of the al-Hisbah institutions. It has been involved in traffic control and transport, especially intercity transport within the province (AKDP). There are many problems associated with the development of official public transport. Intercity transport within the province (AKDP) is regulated by the government, especially the Ministry of Transport, one of the rules listed in the Minister of Transport Regulation (Permenhub) Number 15 of 2019 concerning the organisation of transport of people with public motor vehicles on routes. The purpose of this study was to find out the supervision system implemented by the Department of Transportation (AKDP) in Aceh, and to find out al-Hisbah's perspective on the supervision system implemented by the Department of Transportation (AKDP) in Aceh. The method used in this study, namely descriptive analysis method, using interview techniques, observation and documentation in the data collection process. The results of this study show that the Department of Transportation has supervised the intercity intra-provincial transport (AKDP) by making a draft activity plan in advance, so that later there will be no irregularities in the supervision.
ACCIDENT RISK COVERAGE SYSTEM FOR RENTAL CARS IN THE PERSPECTIVE OF IJARAH 'ALA AL-MANFA'AH CONTRACT Alia Ramadhani
JURISTA: Jurnal Hukum dan Keadilan Vol. 5 No. 1 (2021): 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: 10.1234/jurista.v5i1.7

Abstract

Risk coverage in car rental practices is the company's responsibility to the consumer if something untoward happens. The responsibility given by Zahri Rental is in the form of compensation. The purpose of this study is to find out how the form of coverage for the risk of accidents between the renter and the rental owner, how the consequences of the risks borne by the rental car and how the perspective of the ijarah 'ala al-manfa'ah contract on the accident risk coverage system by the rental car. In this research, the author uses qualitative research methods and uses an empirical normative approach. The results show that the form of accident risk coverage between the lessee and the lessor is regulated according to the type of accident that occurs. In the case of damage to the rental object that is not due to the intention of the renter, Zahri Rental imposes full responsibility on the renter and the renter is required to pay more rent when the rental object enters the insurance workshop, even though the renter has initially paid an insurance claim if an accident occurs one day. This is because Zahri Rental considers that the consequences to be borne are very high if the car is not operational when it enters the insurance workshop, which causes Zahri Rental to lose income. Therefore, the risk coverage system applied is not in line with the perspective of the Ijarah 'ala al-manfa'ah contract.
REVIEW OF ISLAMIC LAW AND LAW NO. 8 OF 1999 CONCERNING CONSUMER PROTECTION AGAINST BUYING AND SELLING STYROFOAM FOOD PACKAGING Dara Ainal M
JURISTA: Jurnal Hukum dan Keadilan Vol. 5 No. 1 (2021): 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: 10.1234/jurista.v5i1.8

Abstract

An ideal sale and purchase is a sale and purchase that fulfils the conditions, pillars, and other things related to buying and selling. In buying and selling food using styrofoam packaging, it is known that styrofoam used to wrap food contains za-substances that are harmful to health. The purpose of this study is to determine the factors that cause food sellers in Syiah Kuala District to use Styrofoam as food packaging, the positive and negative impacts of using Styrofoam on food packaging in the economic and health aspects, as well as the review of Islamic law and GCPL Law on the sale and purchase of Styrofoam food packaging. The method used in this research is descriptive analysis which later researchers will conduct research through the field or literature, as for data collection techniques, namely through observation and interviews. The results of this study are the factors that cause food traders in Syiah Kuala District to use Styrofoam as food packaging are in terms of price, cleanliness, prevalence, and convenience. The positive impact of using Styrofoam on food packaging in the economic aspect because of its low price while the negative impact from the health aspect is that it can endanger consumer health and cause various diseases. In terms of Islamic law, the sale and purchase contract of styrofoam packaged food is fasid because it does not fulfil one of the conditions of the object of sale and purchase, which must be able to be used properly and in accordance with the provisions of Islamic law, namely not causing mudharat or something that harms and harms humans. Food can be contaminated by harmful substances contained in Styrofoam and cause harm to the buyer in the form of endangering the buyer's health and causing illness, so that there is no benefit in the sale and purchase transaction. The sale and purchase transaction violates GCPL article 4 letter a and article 8 paragraph (1).
THE IMPLEMENTATION OF HAK KHIYAR IN INTERIOR PRODUCT AGREEMENTS IN BANDA ACEH CITY Fazrul Azis; Saifuddin Sakdan; shabarullah shabarullah
JURISTA: Jurnal Hukum dan Keadilan Vol. 5 No. 1 (2021): 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: 10.1234/jurista.v5i1.9

Abstract

The interior order transaction is one that uses the concept of istishna' contract, the price of the product is agreed upon at the beginning of the contract while the payment is made by making a panjar and paying off after the product is installed in the consumer's home. Of course, consumers always want the interior products made to be of high quality and special according to the desired shape and size, but sometimes the results of the ordered goods do not match expectations and contracts. From the substance of the problem, the focus of this thesis research is how the agreement made between the owner and the customer on ordering interior products in Kuta Raja, how the application of khiyar ru'yah on ordering interior products and how the perspective of bai' istishna' on the application of khiyar ru'yah. The purpose of writing this thesis is to find out the implementation of khiyar ru'yah on home interior order transactions in the perspective of bai' istishna' (a study on interior businesses in Kuta Raja District, Banda Aceh). This research uses descriptive analysis research method with primary data sources obtained from field research and secondary data from library research. The results of this study indicate that the agreement made by the owner and his customers in Kuta Raja is partly in writing and partly orally, and the application of the khiyar ru'yah right in interior order transactions, the seller, the customer, and the customer.
REVIEW OF SHARIA ECONOMIC LAW ON STAPLE STOMACHING Fira Salsabila Zuhra; Ida Friatna; Nahara Eriyanta
JURISTA: Jurnal Hukum dan Keadilan Vol. 5 No. 1 (2021): 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: 10.1234/jurista.v5i1.10

Abstract

In Islam iḥtikār, namely the hoarding of goods is not justified due to the act of controlling the market in such a way that it can damage the existing market mechanism with a type of goods controlled by the person concerned, so that he can control the price at will by hoarding it (holding it). In reality, this activity is practiced among traders in the Trienggadeng market, as a result of which basic commodities are scarce on the market which is followed by soaring commodity prices for basic commodities. The formulation of the research problem is how is the practice of hoarding staples carried out by traders in the Trienggadeng market, what are the factors for hoarding staples by traders, and how is the review of sharia economic law towards the practice of hoarding staples by traders. This study uses a type of descriptive qualitative research analysis with data collection techniques through interviews and documentation. The results of the study show that the practice of hoarding goods in the Trienggadeng market is carried out when merchandise stocks are running low. Groceries traders sell goods at twice the normal price and even increase 100% of the previous price on the grounds that there is no means of transportation to transport the community's needs. The factor in the hoarding of staple goods is because the stock of merchandise on the market is running low, and also due to the factor that goods are rare and difficult to obtain so that buyers buy up goods for their own needs, and traders buy up goods needed by the community to stock goods sold for their needs and profits. So that the Fiqh scholars do not allow iḥtikār because every act of persecution including iḥtikār is forbidden by other. religions.
ANALYSIS OF RISK COVERAGE AGREEMENT BETWEEN PT. J&T AND AN INSURANCE COMPANY FOR DELIVERY OF CONSUMER GOODS IN THE CONTEXT OF KAFALAH CONTRACT Jarmanisa; Siti Mawar; Chairul Fahmi; Azka Amalia Jihad
JURISTA: Jurnal Hukum dan Keadilan Vol. 5 No. 2 (2021): 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: 10.1234/jurista.v5i2.11

Abstract

The risk coverage agreement by PT JNT has been regulated in the Standard Operating Procedure which already has provisions and liability for the loss of consumer goods delivery. The responsibility of compensation can be given by means of guarantees submitted to users of transport services in the form of material and immaterial guarantees. Risk coverage provided by PT JNT to consumers can be in the form of compensation with different counts, seen from the insured goods. Compensated goods can be in the form of delay, damage, or loss. Based on these facts, the problems in this thesis are: How is the risk coverage agreement made by PT JNT with an insurance company to protect consumer shipping goods? How is the fulfilment of the agreed agreement clause in the claim process carried out by PT. JNT? and how is the perspective of the kafalah contract on the risk coverage agreement at PT. JNT with insurance companies in consumer shipments. In this research, the author uses an empirical juridical research approach and qualitative research type. Data collection in this case was obtained by interview and documentation techniques. The results of this study indicate that the consumer protection system implemented by PT JNT is not as effective as the one implemented by the insurance company sometimes not in accordance with the agreement and the Consumer Protection Law contained in Law Number 8 Year 1999. Risk coverage for the safety of goods is in accordance with the review of the concept of kafalah in fiqh muamalah where coverage for the safety of goods rests on the concept of helping.
BUSINESS RISK COVERAGE IN PRINTING AND GRAPHIC PRE ORDER TRANSACTIONS: An analysis of Ijarah 'Ala Al-'Amal Theory Mawadatul Ula; Muhammad Syuib; Hajarul Akbar
JURISTA: Jurnal Hukum dan Keadilan Vol. 6 No. 1 (2022): 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: 10.1234/jurista.v6i1.12

Abstract

Warna Graphic Design Company is a company engaged in printing and graphics. This service company operates by implementing a pre order system, named order first, receive benefits later. Where in fiqh muamalah using ijarah 'ala al 'amal (rent or wages). Each company must have its own risks, both from within and from outside the company. The risks that occur in the Graphic Design Color company come from outside the company. Musta'jir (consumers) who use the company's services make defaults to the company and do not fulfill their obligations. This causes the company to suffer heavy losses because it does not receive its rights/wages as it should. The research questions in this case are how the implementation system of pre order transactions in printing and graphic business at Warna Graphic Design, how the form of risk coverage in printing and graphic business at Warna Graphic Design, and how the analysis of business risk coverage on pre order transactions in printing and graphic business at Warna Graphic Design according to ijarah 'ala al 'amal. This research uses qualitative methods with descriptive analysis. Data comes from primary data obtained in the field and secondary data obtained from literature research. The results of the study found that mu'jir until now continues to try to collect debts to musta'jir in good ways (ahsan) according to Islamic law. Mu'jir has taken the right steps according with the ijarah 'ala al 'amal contract. Even though the company has lost money because the musta'jir has defaulted, the company still fulfills its obligations to the third parties as raw material providers as it should.

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