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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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BUILDING QUALITY ASSURANCE AND CONTRACTOR LIABILITY IN REAL ESTATE HOUSES ACCORDING TO IJÂRAH 'ALA AL-'AMÂL Rezkia, Fitra; Reza, Teuku Surya
JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 1 (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.v8i1.156

Abstract

This article aims to examine the quality assurance of buildings with a piecework system and contractor coverage on real estate houses according to ijârah 'ala al-'amâl. The type of research used is descriptive with a normative sociological approach. Data collection techniques through interviews, documentation, data analysis. The results showed that the occurrence of several post-development damage factors such as material quality, construction errors, extreme environmental conditions. So that it can affect the occurrence of damage to buildings such as damage; structural and non-structural, due to environmental factors, utility systems, improper use and maintenance, humidity, unauthorized structural changes, finishing, exterior and landscape areas, due to natural disasters. Contractor building quality assurance is fully responsible starting from complying with regulations and guidelines, during the construction period the contractor always conducts supervision / inspection on a scale and after the work is completed the contractor repairs defects or damage that arise due to errors in implementation during the construction period. Ijârah 'ala al-'amâl regulates the reciprocal relationship between the parties and the reward in accordance with the agreement, the concept of ijârah 'ala al-'amâl emphasizes to pay attention to the level of quality that must be met and encourages workers to commit to maintaining it. The concept of ijârah 'ala al-'amâl as a whole offers a more structured framework and can provide a stronger foundation for developers to demand the fulfillment of quality standards because the work contract in the context of ijârah 'ala al-'amâl is directed based on the principles of Islamic law and has high legitimacy so as to provide better legal certainty.
THE RIGHT OF PRISONERS ACCORDING TO THE IJARAH 'ALA AL-'AMAL CONTRACT: A STUDY AT CLASS III LHOKNGA PRISON, INDONESIA Dedi Setiawan; Usman; Majdey Zawawi
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.v8i2.163

Abstract

Every prisoner has the right to guarantee work safety, wages or premiums from the results of their work. However, at the Lhoknga Class III Penitentiary, the fulfilment of this right is not yet optimal because there are no regulations or laws that determine the nominal amount or percentage of wages that prisoners must receive. Currently, the amount of wages received by inmates is only determined based on the policy of the Head of the local Correctional Institution.  This article aims to explain the wage process applied by the Lhoknga Class III Penitentiary to prisoners, as well as to explain how the wages of prisoners in this institution are determined based on the ijarah 'ala al-'amal agreement. To obtain data, the author used qualitative research methods. The main data was collected through interviews with respondents and informants who were considered to have relevant information regarding the problem under study. Meanwhile, secondary data was obtained from reading sources such as books, journals, articles and other materials related to this research topic. From the research results, the fulfilment of the right to wages for work has not been optimal. Some prisoners' work activities do not yet receive decent wages, while in other activities, prisoners earn wages of 33% from sales of goods or products.
THE CONCEPT OF KHIYAR TA'YIN AND THE RESPONSIBILITY OF BUSINESS ACTORS IN ORDERING FRAMES OF PT GASCO INDAH ACEH, INDONESIA Asral Miadi; Husni Mubarrak; Wesley Mwafulirwa
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.v8i2.164

Abstract

This article aims to discuss the concept of khiyar ta'yin and the responsibility of business actors indering frames at PT Gasco. This type of research is a qualitative descriptive approach through case studies. The main data was obtained from the results of interviews with PT Gasco beautiful pidie district, Indonesia. Meanwhile, secondary data was obtained from a number of articles related to this study. The results of the study show that first, PT Gasco indah did not see a grace period for buying and selling frames. Hanafiyah scholars mentioned three conditions for the validity of khiyar ta'yin, namely the choice for made for similar goods of different quality and nature, the goods have different property and values, and the grace period for khiyar ta'yin must be determined. Second, the form of responsibility has been regulated in article 28 of law No.8 of 1999, for the truth that business actors have caused consumer losses which essentially states that the burden and responsibility of business actors in providing compensation can be in the form of refunds, replacement of goods and services of the same or equivalent value, health care and the provision of compensation.    
THE LEGALITY OF TRADITIONAL OIL MINING EXPLORATION IN RANTO PEUREULAK, EAST ACEH: AN ANALYSIS OF THE ISLAMIC ECONOMIC LAW PERSPECTIVE Muhammad Khaidir; Ajidar Matsyah; Muhammad Dayyan
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.v8i2.165

Abstract

This article aims to examine the legality of oil mining resulting from traditional mining exploitation by the Ranto Pereulak community, East Aceh. This research uses descriptive qualitative research methods and the approach used in this research is a sociological normative approach. This research was located in Ranto Peureulak District, which is one of the sub-districts in East Aceh Regency. The results of this research show that the East Aceh Government through Qanun Number 6 of 2009 provides space for the community to manage mining products, in this case oil, by obtaining an IUP issued by the East Aceh government and going through all the conditions therein. The IUP is granted by the Regent after obtaining principle permission or approval from the Governor through the relevant provincial and district level agencies. However, in practice, many people in Ranto Peureulak District, East Aceh Regency, in managing illegal wells traditionally do not follow the applicable SOPs or regulations. Then the oil drilling carried out can endanger the health of workers and the surrounding community. This can also have an impact on the environment, because it does not pay attention to health standards or Health Safety and Environment or abbreviated as (HSE), which is the main priority for mining. In terms of safety too, it often catches fire and causes casualties, both workers and residents. Because drilling oil and gas wells is a very complex process and at each step procedures, requirements and important decisions are required that must be considered and implemented very carefully.
MONITORING AND EVALUATION SYSTEM OF SYIRKAH BSI SMART AGENT PROGRAMME: A STUDY IN BANDA ACEH CITY, INDONESIA Ismuna, Rizalul Maula; Sulfanwandi; Muhammad Syafril
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.v8i2.167

Abstract

Working capital financing is a financing facility provided to individuals, business entities and legal entities for working capital needs. Bank Syariah Indonesia (BSI) offers one of the products known as syirkah (partnership) financing. The purpose of this research is to find out the monitoring and evaluation system carried out by BSI on the BSI Smart Agent product. The results of this study indicate that the cooperation agreement between the agent and the BSI is a business realisation contract which initially the agent only runs his business according to the procedures given by the BSI. Then, BSI emphasises to the agent that the facilities and services are carried out according to the procedures set by BSI. The profit-sharing ratio agreed by both parties is that the agent directly benefits from the realisation of his business through revenue sharing with the same portion and the same value. Monitoring and evaluation conducted by BSI aims to ensure operational compliance with sharia principles and improve the efficiency and effectiveness of the services provided. The implementation of this system plays an important role in supporting Islamic financial inclusion and has a positive impact on the economic growth of the community.
THE ISLAMIC PHILANTHROPY MOVEMENT IN INDONESIA: A CONTRIBUTION TO NATION BUILDING AND WORLD SOCIETY Armiadi Musa; Mohammed, Mustafa Omar
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.v8i2.168

Abstract

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
REWARD SYSTEM FOR ACHIEVING MARKETING TARGETS IN MOTOR FINANCING SCHEME OF FIF BANDA ACEH ACCORDING TO ISLAMIC ECONOMIC LAW Aksar, Muhammad Azrial; Muhammad Iqbal
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.v8i2.171

Abstract

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.
LEGAL PROTECTION FOR CONSUMERS OF E-2B BANDA ACEH REFILL DRINKING WATER DEPOT IN TERMS OF INDONESIAN POSITIVE LAW AND ISLAMIC LAW Muhammad Arief; Agustin Hanapi; Nilam Sari
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.v8i2.181

Abstract

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.
DETERMINATION OF WATER TARIFFS PDAM TIRTA PEUSADA EAST ACEH, INDONESIA: A STUDY OF THE ELEMENT OF GHARAR Canden Chairani Isrumuharram; Delfi Suganda; Safwan Kamal
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.v8i2.184

Abstract

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.
STANDARDISING THE QUALITY AND PRICE OF RICE IN LANGSA ACEH: A STUDY OF LEGAL COMPARATIVE Nuri Nizla Istianah; Muhammad Amin
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.v8i2.185

Abstract

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.

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