cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
journaljurista@gmail.com
Phone
+6282214415033
Journal Mail Official
admin@jurista-journal.org
Editorial Address
Centre for Adat and Legal Studies of Aceh Province (CeFALSAP) Jl. Tuan Dibaroh No.2 Ie Masen Uleekareng, Banda Aceh, Indonesia 23117
Location
Kota banda aceh,
Aceh
INDONESIA
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
 9   10   11   12   13 
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.
THE VALIDITY OF USED GOODS AUCTION PRACTICES ON FACEBOOK PLATFORM: A STUDY OF GHARAR AND TADLIS THEORY Syifa Un Nafsi; Fahmi, Chairul; Azmil Umur
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.v8i2.195

Abstract

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.
ANALYSIS OF FIQH MUAMALAH ON THE POTENTIAL FOR GAMBLING IN STOCK TRADING ON THE INDONESIAN STOCK EXCHANGE Sa'dan, Saifuddin; Zuinan Nisa; Khairul Azmy
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.v8i2.198

Abstract

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.
RIGHT TO USE OF MILITARY DORMITORY FOR PERSONAL BUSINESS ACCORDING TO MILK AD-DAULAH THEORY Nabila Merriza; Ida Friatna; Syukri
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.v8i2.199

Abstract

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.
LEGAL ANALYSIS OF THE IMPLEMENTATION OF SHARI'AH INSURANCE INVESTMENT ACCORDING TO FIQH MUAMALAH Badri Hasan; Kautsar Rizqi Safrizal; Mahmud Arfan
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.v8i2.200

Abstract

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.
LEGAL ANALYSIS OF ZAKAT FROM THE INCOME OF SOCIAL MEDIA ACTIVISTS: A STUDY OF THE THEORY OF AL-MAL AL-MUSTAFAD Rahmadani; Husni A Jalil; Rabab Khan
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.v8i2.204

Abstract

The rapid development of technology has made content creator professions such as youtuber, tiktoker, instagrammer and others very popular among the public by only using technology that is easy to find and can earn a large income. This profession is only known in the current era. This study aims to find out how the provisions of zakat and the calculation of the income earned by the content creator. And analysis of the scholars' opinion on the free income of a Muslim as al-Mal al-Mustafad which must be paid zakat. The research method used is qualitative with the type of library research by reading literature related to the subject matter. The results of the study indicate that the professional income is classified into al-mal al-mustafad and obliged to zakat profession. This is because there is evidence from the generality of the nash, namely verse 267 of Surah al-Baqarah and verse 103 of Surah at-Taubah, which shows the words اَنْفِقُوْا and اَمْوَالِهِمْ as al-Mal al-Mustafad which is obliged to pay zakat. because the assets obtained have fulfilled the terms and conditions of mandatory zakat such as reaching nishab, full ownership, growing and so on. Provided that the content uploaded and the goods or products promoted do not conflict with moral values and Islamic law.
ISLAMIC LAW REVIEW OF SHARIA FINANCING SCHEMES AT THE ELECTRIC EMPLOYEE COOPERATIVE OF SUBULUSSALAM CITY, INDONESIA Prasetia, Agung; Tarmizi Jakfar; Dhaifina Fitriani
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.v8i2.206

Abstract

This paper aims to examine three main aspects related to sharia financing at the State electricity company (Perusahaan Listrik Negara PLN) First, what sharia financing is often used in the KOKARLIS cooperative. Second, what are the challenges and obstacles that occur in the management of Islamic financing in cooperatives (KOKARLIS). Third, and how is the legal review in the practice of Islamic financing in cooperatives (KOKARLIS).  To answer these three aspects, this research uses a qualitative approach with a descriptive-analytical method. Data collection is done through primary data obtained through interviews, observation, and documentation, as well as secondary data sourced from related references. The results showed that mudharabah and murabahah contracts are the most commonly used types of financing. However, the lack of understanding of cooperative managers, who are mostly PLN employees, is the main challenge, along with the lack of training related to Islamic financing. From the perspective of Islamic law, practices that are not in accordance with sharia rules have the potential to cause gharar, which is contrary to the principle of justice in muamalah. This research emphasizes the importance of increasing the capacity of cooperative managers through continuous training and education related to the principles and practices of Islamic financing. With a better understanding, it is expected that Koperasi KOKARLIS can eliminate the risk of sharia deviations, increase member confidence, and become a better model of sharia financial management.  
ROAD UTILISATION RESTRICTION POLICY IN KOPELMA BANDA ACEH, INDONESIA: A STUDY OF THE CONCEPT OF HAQQ AL-MURUR AND LAW NUMBER 38 OF 2004 Fitriani Mulkan; Maidawati; Hasan Sazali
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.v8i2.209

Abstract

This article aims to identify the road restriction policy in Kopelma Darussalam according to the concept of haqq al-murur and Law Number 38 Year 2004. This research uses a qualitative approach with descriptive analysis method, as well as empirical juridical approach to evaluate the implementation of road utilisation restriction policy in the field. The results showed that, the agreement obtained between Syiah Kuala University and UIN Ar-Raniry regarding the use of road access as community mobility agreed to be reopened and utilised together. However, in this case there are still some access hour limits on the closure of these roads such as Jalan Bayeun, Jalan Hamzah Fansuri, then the intersection of three Jalan Tgk. Chik Pante Kulu, North Sector precisely in front of Mushalla Fathun Mubin. However, the implementation of Syiah Kuala University's policy on road utilisation restrictions in Kopelma Darussalam must consider the balance between individual rights to pass with the greater public interest, in accordance with the principle of haqq al-murur and Law Number 38 Year 2004
LEGAL STATUS ON PURCHASE TRANSACTIONS BY MINORS IN BANDA CITY: AN ISLAMIC LAW PERSPECTIVE Mufid; Mutiara Fahmi
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.v8i2.210

Abstract

The phenomenon of minors involved in buying and selling transactions in Banda Aceh City is a complex issue influenced by economic, educational, socio-cultural factors, as well as weaknesses in regulation and law enforcement. This research aims to analyze the factors causing this phenomenon and view it from the perspective of Islamic law and Law No. 13 of 2003 concerning Manpower. In Islamic law, a child who has not reached the age of maturity is considered not qualified to engage in valid transactions without the supervision of a guardian. Meanwhile, labor regulations in Indonesia prohibit minors from working except under certain conditions. This study uses a qualitative approach with a descriptive-analytical research type. Data were obtained through observation, interviews, and documentation methods, supported by secondary data from the literature. The research results show that poverty, low parental education, social norms, and the impact of the COVID-19 pandemic are dominant factors driving children to work in the informal sector. In Islamic law, small transactions conducted by children are considered valid if they meet the principles of justice and basic needs without exploitation. However, high-value transactions require guardian supervision to ensure validity. This research recommends the need for strict supervision, community education, and consistent law enforcement to protect children's rights in accordance with Islamic law and legislation.
REVIEW OF THE CONCEPT OF JU'ALAH ON INCOME EARNED FROM LIVE STREAMING ON SOCIAL MEDIA: A CASE STUDY ON TIKTOK APPLICATION Al Hilal Akbar; Nurdin Bakri
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.v8i2.217

Abstract

This research examines the concept of ju'alah in Islam and its application to income earned from live streaming activities on social media, focusing on the Tiktok application. Ju'alah is one of the contracts in fiqh muamalah, which is an agreement that promises certain rewards for parties who perform certain tasks. In the context of live streaming, the income received by streamers generally comes from audience gifts in the form of stickers which are then converted into money. The research method used in this study is a mixed methods research method that combines normative and empirical methods included in qualitative research. This research is descriptive in nature where most of the data used comes from interviews, observations in the form of sentences or narratives. The results of this study indicate that gifting is in accordance with the ju'alah contract if it is given after the implementation of the audience request. If there is fraud such as a gift has been given but the request has not been carried out in this case there is no positive legal action because there is no written agreement, while in Islam this is considered fraud so that the money earned by the creator is considered not halal.    

Page 11 of 16 | Total Record : 156

 9   10   11   12   13 

Filter by Year

2017 2026


Reset
Filter By Issues
All Issue Vol. 10 No. 1 (2026): FORTHCOMING JUNE 2026 Vol. 9 No. 2 (2025): JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 1 (2025): JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 2 (2024): JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 1 (2024): JURISTA: Jurnal Hukum dan Keadilan Vol. 7 No. 2 (2023): JURISTA: Jurnal Hukum dan Keadilan Vol. 7 No. 1 (2023): JURISTA: Jurnal Hukum dan Keadilan Vol. 6 No. 2 (2022): JURISTA: Jurnal Hukum dan Keadilan Vol. 6 No. 1 (2022): JURISTA: Jurnal Hukum dan Keadilan Vol. 5 No. 2 (2021): JURISTA: Jurnal Hukum dan Keadilan Vol. 5 No. 1 (2021): JURISTA: Jurnal Hukum dan Keadilan Vol. 4 No. 2 (2020): JURISTA: Jurnal Hukum dan Keadilan Vol. 4 No. 1 (2020): JURISTA: Jurnal Hukum dan Keadilan Vol. 3 No. 2 (2019): JURISTA: Jurnal Hukum dan Keadilan Vol. 3 No. 1 (2019): JURISTA: Jurnal Hukum dan Keadilan Vol. 2 No. 2 (2018): JURISTA: Jurnal Hukum dan Keadilan Vol. 2 No. 1 (2018): JURISTA: Jurnal Hukum dan Keadilan Vol. 1 No. 2 (2017): JURISTA: Jurnal Hukum dan Keadilan Vol. 1 No. 1 (2017): JURISTA: Jurnal Hukum dan Keadilan More Issue