JURISTA : Jurnal Hukum dan Keadilan
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
Articles
158 Documents
<![CDATA[THE ISLAMIC PHILANTHROPY MOVEMENT IN INDONESIA: A CONTRIBUTION TO NATION BUILDING AND WORLD SOCIETY ]]>
<![CDATA[Armiadi Musa]]>;
<![CDATA[Mohammed, Mustafa Omar]]>
<![CDATA[ JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 2 (2024): JURISTA: Jurnal Hukum dan Keadilan ]]>
Publisher : <![CDATA[Centre for Adat and Legal Studies of Aceh Province (CeFALSAP) ]]>
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DOI: 10.22373/jurista.v8i2.168
<![CDATA[This study tries to unravel the contribution of the philanthropic movement in Indonesia in various sectors that have been carried out, both by government, private and voluntary institutions. The method used is to use a juridical normative approach, where data is obtained from secondary data, namely from previous research relevant to this research, as well as a number of fatwas of scholars in the field of muamalah fiqh. The results show that Islamic philanthropy in Indonesia is experiencing significant development, marked by the increasing enthusiasm of the ummah in philanthropy and influenced by the revitalisation of the world vision of Islamic philanthropy, which tries to transform the old paradigm of philanthropy with a new paradigm that is more creative and innovative. A number of solidarity and faith-based national philanthropic institutions have been born, both government-owned, privately-owned and even individually to make a real contribution to strengthening the vision of national development and contributing to the world community]]>
<![CDATA[REWARD SYSTEM FOR ACHIEVING MARKETING TARGETS IN MOTOR FINANCING SCHEME OF FIF BANDA ACEH ACCORDING TO ISLAMIC ECONOMIC LAW ]]>
<![CDATA[Aksar, Muhammad Azrial]]>;
<![CDATA[Muhammad Iqbal]]>
<![CDATA[ JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 2 (2024): JURISTA: Jurnal Hukum dan Keadilan ]]>
Publisher : <![CDATA[Centre for Adat and Legal Studies of Aceh Province (CeFALSAP) ]]>
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DOI: 10.22373/jurista.v8i2.171
<![CDATA[The Federal International Finance (Hence called PT.FIF) branch Banda Aceh city is a financing institution that facilitates the people to financing of their needs. This company collaborates with reseller shops and distributors, allowing customers to buy goods using an installment system. Partner stores act as facilitators between PT FIF and customers, helping to market financing products. This research examines the rewards or commissions given by PT FIF to partner stores based on their marketing performance, with a focus on whether they are in line with the ji'alah agreement (marketing achievement commission) from the Islamic Economic Law perspective. Using a normative-sociological approach and descriptive-analytical methods, this research aims to analyze the concept and practice of the ji'alah agreement in sharia financing marketing partnerships. The research results show that the practice of giving commissions by PT FIF to partner shops is generally in line with the principle of the ji'alah agreement. However, several aspects were found that needed adjustment to be more in line with sharia provisions, such as clarity in determining the commission amount and target achievement period. Research also reveals that partner shops' understanding of the ji'alah concept is still limited, so further education is needed to increase awareness of the sharia aspects of this partnership.]]>
<![CDATA[LEGAL PROTECTION FOR CONSUMERS OF E-2B BANDA ACEH REFILL DRINKING WATER DEPOT IN TERMS OF INDONESIAN POSITIVE LAW AND ISLAMIC LAW ]]>
<![CDATA[Muhammad Arief]]>;
<![CDATA[Agustin Hanapi]]>;
<![CDATA[Nilam Sari]]>
<![CDATA[ JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 2 (2024): JURISTA: Jurnal Hukum dan Keadilan ]]>
Publisher : <![CDATA[Centre for Adat and Legal Studies of Aceh Province (CeFALSAP) ]]>
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DOI: 10.22373/jurista.v8i2.181
<![CDATA[Article 1 of Law No. 8 of 1999 which regulates "Consumer protection law", in Article 1 states "Consumer protection as all efforts that ensure legal certainty to provide protection to consumers". The researcher applies empirical law in this study, which is legal research that examines the adoption or application of normative legal provisions in each unique legal event in society. Various data sources were used, including secondary data from a literature review as well as primary data from interviews with business owners. The research findings show that the E-2B Banda Aceh refillable drinking water depot business has taken steps to protect consumers by obtaining SLHS in accordance with Permenkes No. 492 of 2010. With the SLHS, the business has met good sanitation and hygiene standards in processing and distributing drinking water that is free from bacteria as required by the Ministry of Health based on Permenkes No. 492 of 2010. The principles of fairness, integrity, and accountability are the basis of consumer protection in Islamic law.]]>
<![CDATA[DETERMINATION OF WATER TARIFFS PDAM TIRTA PEUSADA EAST ACEH, INDONESIA: A STUDY OF THE ELEMENT OF GHARAR ]]>
<![CDATA[Canden Chairani Isrumuharram]]>;
<![CDATA[Delfi Suganda]]>;
<![CDATA[Safwan Kamal]]>
<![CDATA[ JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 2 (2024): JURISTA: Jurnal Hukum dan Keadilan ]]>
Publisher : <![CDATA[Centre for Adat and Legal Studies of Aceh Province (CeFALSAP) ]]>
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DOI: 10.22373/jurista.v8i2.184
<![CDATA[The determination of water tariffs by Perumda Tirta Peusada in East Aceh District has led to community dissatisfaction due to tariffs that are considered unfair and do not reflect the quality of service received, as well as unclear water distribution. This issue potentially contains elements of gharar (uncertainty) in the water sale and purchase transaction, which is contrary to the principles of Islamic law. This research uses descriptive analysis method with a case study approach and qualitative research, by collecting data through interviews and literature study to analyse the implications of water tariff setting at Perumda Tirta Peusada in the context of sharia economic law. The determination of water tariffs by Perumda Tirta Peusada in East Aceh Regency contains elements of gharar in the context of sharia economics, because the tariff charged is not in accordance with the volume of water consumed by customers. Customers are still charged for 10 cubic metres even though their water usage is less than that amount, creating uncertainty in the transaction. In addition, frequent water distribution disruptions and supply instability further exacerbate this problem, as customers pay for services they do not receive as expected. This practice goes against the principles of transparency, fairness, and clarity advocated in Islamic law. Therefore, Perumda Tirta Peusada needs to improve its tariff policy and the quality of water distribution to ensure that water transactions are more fair, transparent, and in accordance with sharia principles.]]>
<![CDATA[STANDARDISING THE QUALITY AND PRICE OF RICE IN LANGSA ACEH: A STUDY OF LEGAL COMPARATIVE ]]>
<![CDATA[Nuri Nizla Istianah]]>;
<![CDATA[Muhammad Amin]]>
<![CDATA[ JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 2 (2024): JURISTA: Jurnal Hukum dan Keadilan ]]>
Publisher : <![CDATA[Centre for Adat and Legal Studies of Aceh Province (CeFALSAP) ]]>
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DOI: 10.22373/jurista.v8i2.185
<![CDATA[The instability of rice prices can affect the purchasing power of the community and disrupt social and economic balance. This study aims to examine rice pricing in Kota Langsa, focusing on quality standardization, the application of the Mabi’ concept in Islamic jurisprudence (fiqih muamalah), and its relevance to Peraturan Badan Pangan Nasional No. 2 Tahun 2023 (National Food Agency Regulation No. 2 of 2023). The research employs a socio-legal approach with descriptive analysis, utilizing primary data from interviews and secondary data from related documentation. The findings reveal that rice quality is the main factor in price determination, aligning with the Mabi’ concept, which emphasizes clarity of goods to ensure fair and transparent transactions. Quality standardization based on government regulations ensures that products meet predetermined quality criteria. Additionally, factors such as production costs, distribution, and fluctuations in rice paddy prices also influence price dynamics. This study concludes that the integration of the Mabi’ principle, government regulations, and a healthy market mechanism can create fair rice price stability, benefiting both consumers and producers while supporting the sustainability of the national food system.]]>
<![CDATA[HALAL MANAGEMENT OF THE PLTD APUNG TSUNAMI PARK OF ACEH, INDONESIA: A LEGAL ANALYSIS ]]>
<![CDATA[Muhammad Hafidh Sufli]]>;
<![CDATA[Safira Mustaqilla]]>;
<![CDATA[Intan Qurratulaini]]>
<![CDATA[ JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 2 (2024): JURISTA: Jurnal Hukum dan Keadilan ]]>
Publisher : <![CDATA[Centre for Adat and Legal Studies of Aceh Province (CeFALSAP) ]]>
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DOI: 10.22373/jurista.v8i2.189
<![CDATA[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.]]>
<![CDATA[THE VALIDITY OF USED GOODS AUCTION PRACTICES ON FACEBOOK PLATFORM: A STUDY OF GHARAR AND TADLIS THEORY ]]>
<![CDATA[Syifa Un Nafsi]]>;
<![CDATA[Fahmi, Chairul]]>;
<![CDATA[Azmil Umur]]>
<![CDATA[ JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 2 (2024): JURISTA: Jurnal Hukum dan Keadilan ]]>
Publisher : <![CDATA[Centre for Adat and Legal Studies of Aceh Province (CeFALSAP) ]]>
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DOI: 10.22373/jurista.v8i2.195
<![CDATA[This study analyzes the validity of used goods auction practices through social media Facebook from the perspective of Islamic law, focusing on the existence of elements of gharar (unclarity) and tadlis (fraud). The author uses a qualitative research method with an empirical approach to understand social problems or human problems based on the creation of holistic images formed with words, reporting the views of informants in detail, and arranged in a scientific setting. Online auctions are a popular alternative to buying and selling, but often cause problems related to the clarity of goods and the transparency of the auction process. The practice of gharar is found in incomplete descriptions of goods, while tadlis occurs through price manipulation by sellers or auction participants. In Islamic law, the validity of an auction depends on the fulfillment of the pillars and conditions of buying and selling, including the clarity of the object, price, and honesty of the parties to the contract. This study emphasizes the importance of transparency, fairness, and openness in online auctions to ensure compliance with sharia principles, thus creating fair transactions and avoiding losses for the parties involved.]]>
<![CDATA[ANALYSIS OF FIQH MUAMALAH ON THE POTENTIAL FOR GAMBLING IN STOCK TRADING ON THE INDONESIAN STOCK EXCHANGE ]]>
<![CDATA[Sa'dan, Saifuddin]]>;
<![CDATA[Zuinan Nisa]]>;
<![CDATA[Khairul Azmy]]>
<![CDATA[ JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 2 (2024): JURISTA: Jurnal Hukum dan Keadilan ]]>
Publisher : <![CDATA[Centre for Adat and Legal Studies of Aceh Province (CeFALSAP) ]]>
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DOI: 10.22373/jurista.v8i2.198
<![CDATA[This article aims to analyse stock trading activities on the Indonesia Stock Exchange (IDX) according to muamalah jurisprudence. The research method used is qualitative with a descriptive-analytical approach, which focuses on an in-depth understanding of the phenomenon by emphasizing its meaning and implications. This study explores the concept of muamalah jurisprudence, relevant sharia principles, and how the principles can be applied in the mechanism of stock trading in the capital market. The results of this study indicate that conducting trading practices using only technical analysis can be classified as gambling behaviour. This is because the practice contains elements of gambling and speculation which are strictly prohibited in Islam. This gambling element arises because decisions taken in trading are based on short-term price movements without considering the real conditions of the company, so that it is more similar to a game of chance. Therefore, to avoid elements of gambling and speculation that are not in accordance with sharia principles, capital market players are advised to combine technical analysis with fundamental analysis. Thus, they can understand the condition of the company more comprehensively, including financial aspects, performance and business prospects, so that the decisions taken become more rational and orderly. This step not only minimizer potential losses, but also ensures that trading activities remain within the corridor of sharia which is ethical, fair and responsible.]]>
<![CDATA[RIGHT TO USE OF MILITARY DORMITORY FOR PERSONAL BUSINESS ACCORDING TO MILK AD-DAULAH THEORY ]]>
<![CDATA[Nabila Merriza]]>;
<![CDATA[Ida Friatna]]>;
<![CDATA[Syukri]]>
<![CDATA[ JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 2 (2024): JURISTA: Jurnal Hukum dan Keadilan ]]>
Publisher : <![CDATA[Centre for Adat and Legal Studies of Aceh Province (CeFALSAP) ]]>
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DOI: 10.22373/jurista.v8i2.199
<![CDATA[This article aims to examine the management system and use of the TNI Dormitory for personal business at the Kuta Alam Dormitory in Banda Aceh based on the concept of milk al-daulah. The approach the author uses is juridical-empirical research. The results of the research show that the management of state-owned official residences is strictly regulated in Government Regulation Number 40 of 1994 and amendments through Government Regulation Number 31 of 2005, which limits their use to state officials, civil servants and workers who work in government agencies as long as they are still active. active. Use of a country house for personal or commercial purposes without valid permission may be unlawful. However, businesses run by families of TNI soldiers with permission from the Head of the Dormitory and approval from the Military Command are considered legal, as long as they do not change the physical shape of the dormitory and do not interfere with TNI duties. From an Islamic legal perspective, TNI dormitories are milk al-daulah or state property which must be managed for the public benefit and must not be misused for personal gain. The use of TNI dormitories for private businesses managed by the families of TNI soldiers can provide positive benefits for the surrounding community, but must always comply with applicable legal provisions so as not to violate the principles of fair management of state property and milk al-daulah. This research provides an understanding of the importance of managing state assets in accordance with positive law and Islamic legal principles to achieve the public benefit.]]>
<![CDATA[LEGAL ANALYSIS OF THE IMPLEMENTATION OF SHARI'AH INSURANCE INVESTMENT ACCORDING TO FIQH MUAMALAH ]]>
<![CDATA[Badri Hasan]]>;
<![CDATA[Kautsar Rizqi Safrizal]]>;
<![CDATA[Mahmud Arfan]]>
<![CDATA[ JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 2 (2024): JURISTA: Jurnal Hukum dan Keadilan ]]>
Publisher : <![CDATA[Centre for Adat and Legal Studies of Aceh Province (CeFALSAP) ]]>
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DOI: 10.22373/jurista.v8i2.200
<![CDATA[The principle of Sharia insurance is mutual assistance or mutual protection, where members set aside their funds as contributions related to tabarru' (charitable donations). Investments in insurance companies can be represented in the form of portfolios. A portfolio is a collection of integrated investment forms aimed at gaining investment returns. The primary objective of an investment portfolio is to achieve high returns with low risk levels to meet obligations to policyholders and for the growth of the company. Meanwhile, profitability depicts the company's ability to generate profits through all available capabilities and resources. Sharia-compliant insurance companies like Sun Life Sharia Insurance offer investment opportunities to customers through various insurance products. Each product has different contractual agreements, some requiring customers to make investments while others do not. Since Sharia-compliant insurance products containing investment elements are still relatively new, detailed explanations regarding the contracts and implementation of investments in the insurance company are necessary. The author uses a research method that includes qualitative research, which is descriptive in nature. The Fatwa of the National Sharia Council Number 21/DSN-MUI/X/2001 Regarding General Guidelines for Sharia Insurance states that Sharia insurance (ta'min, takful, or tadhamun) refers to mutual protection and assistance among individuals or parties through investments in the form of tabarru' funds that provide a return pattern to address specific risks through contracts (agreements) that comply with Sharia. Therefore, being insured is permitted in Sharia law because its fundamental principles encourage everything that strengthens the bonds among humans and alleviates their disasters, as mentioned in the Quran, Surah Al-Maidah, verse 2.]]>
