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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 163 Documents
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THE PROCUREMENT CONTRACT RESPONSIBILITIES IN BLANGPIDIE DISTRICT COURT: AN ANALYSIS OF BAI MUSAWWAMAH THEORY Annisa Syahla Nazhira; Muhammad Ahsan
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.v8i2.227

Abstract

This study aims to analyze the responsibility of PT. Juang Awe Karya (PT. JAK) in the procurement contract for goods at the Blangpidie District Court, Southwest Aceh, from the perspective of Bai' Musawwamah theory. Bai' Musawwamah is a buying and selling principle that emphasizes agreement on price and product specifications through deliberation, which is relevant in public procurement practices that prioritize transparency and fairness. The method used in this study is a juridical-empirical approach with a descriptive qualitative method, collecting data through interviews and direct observation of relevant parties, such as the management of PT. JAK and the Blangpidie District Court. The results of the study show that the procurement contract has been carried out according to the principles of Bai' Musawwamah, with clear agreements on price and specifications. However, PT. JAK experienced a violation in the form of delayed delivery of goods, which resulted in sanctions as stipulated in the contract. PT. JAK’s responsibilities include the obligation to provide goods according to specifications and on time, as well as to replace or repair goods if quality issues arise. The application of the Bai' Musawwamah principle in this contract ensures transparency, fairness, and open communication between the Blangpidie District Court and PT. JAK, as well as dispute resolution through deliberation. This study is expected to contribute to the understanding of the application of Islamic principles in procurement and its impact on the relationship between suppliers and consumers of goods.
MODEL OF LEGAL DISPUTE RESOLUTION FOR BUSINESS CONTRACT DEFAULT: A STUDY OF VARIOUS CASES LAW Fahmi, Chairul; Audia Humairah; Ayrin Sazwa
JURISTA: Jurnal Hukum dan Keadilan Vol. 7 No. 2 (2023): 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.v7i2.228

Abstract

Business contracts are an essential element underlying every commercial relationship. The contract serves as a legal tool that regulates the rights and obligations of the parties involved in a business transaction. However, in practice, business contract disputes often occur, either due to a mismatch in understanding of the contents of the contract, violation of the contract provisions, or changes in conditions that affect the implementation of the contract. This research is a qualitative research with a normative juridical approach, where the main data is obtained from primary data sources in the form of laws, and legal doctrines. The results of this study indicate that default occurs when the debtor does not fulfil obligations according to the agreement, which has an impact on business relations. In addition, ethics in civil law enforcement, particularly in business contracts, are important to maintain the integrity of the legal system. Ethics, which include the principles of justice, truth, and integrity, serve as the foundation for law enforcement.
NON-CASH AGREEMENT IN PURCHASING BUILDING MATERIALS ACCORDING TO THE THEORY OF BAI' AL-DAIN Azkia Rizkiana; Nahara Eriyanti; Abdullah
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)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jurista.v9i1.231

Abstract

The present article aims to examine the legality of non-cash sales agreements. In the context of non-cash sales transactions, there exists a significant potential for harm to befall entrepreneurs in their capacity as sellers. This is primarily attributable to the potential for substantial price escalations. The present study adopts a qualitative, legal-empirical approach. The findings of this study indicate that the agreements reached by the parties regarding the purchase and sale of construction materials on a cash basis in Indra Jaya Pidie District include the recording of the identities of the parties involved, the details of the construction materials purchased, the agreed price of the construction materials, and the payment terms selected, such as 3 months, during which the buyer must settle the payment. However, it has been observed that certain purchasers have deviated from the terms of the agreement, a development that has the potential to occasion financial losses for Mulia Baru Store. Conversely, the new business store requires buyers to pay down to conduct cash transactions. Furthermore, buyers must consent to the imposition of a penalty in the event of non-compliance with the stipulated terms of payment.
THE EFFECTIVENESS OF CASH WAQF REGULATION IN BANDA ACEH, INDONESIA: Examining of local peoples’ perspective Dhilla Fadhilla; Mizaj Iskandar; Husni bin Abdul Jalil
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)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jurista.v9i1.232

Abstract

The purpose of this essay is to examine the community's opinions about cash waqf, its regulations, and its rules in relation to fiqh. One option available to Muslims in Banda Aceh City for allocating funds for worship is cash waqf. On a practical level, however, society is still unaware that cash waqf exists, and academics continue to hold differing views at the fiqh level. This is why a legislative method and a conceptual approach were used in the writing of this study. According to the study's findings, one type of transportable waqf is cash waqf. Classical and modern academics continue to disagree on the constitutionality of the legislation from a fiqh standpoint. The Waqf Law, Government Regulations Implementing the Waqf Law, Minister of Religious Affairs Regulations, and BWI Regulations are among the legal provisions in Indonesia that have made cash waqf acceptable. When it comes to Aceh, Qanun Baitul Mal is where monetary waqf is managed. In reality, certain Acehnese citizens, particularly those in Banda Aceh City, are aware of the cash waqf regulations, while others are not yet aware of them. Although Banda Aceh City residents are generally lenient and accept financial waqf, socialization initiatives by associated organizations are thought to be underutilized. Therefore, there must be a concerted effort to maximize community socialization and cash waqf product branding. Cash waqf requires a particular rule in the form of a qanun, which is an extension of the current Qanun Baitul Mal.
ANALYSIS OF THE APPLICATION OF ADVOCATE SUCCESS FEES IN HANDLING INHERITANCE DISPUTE CASES ACCORDING TO THE THEORY OF AL- JI'ALAH Haris Munandar; Saifuddin Sa'dan
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

An advocate is a person whose profession is to provide legal services to the public, both inside and outside the court. The types of advocate honorarium can generally be divided into 3 (three) types, namely lawyer fees, operational fees, and success fees. Legally, the application of success fees in the process of handling cases or providing legal services by advocates is not regulated in legislation. In practice, the success fee is requested by the advocate to the client as a form of reward for the advocate's victory. The research method used is a qualitative research method with an analytical descriptive approach, data collection techniques are carried out by interviews and documentation as well as literature studies and regulations related to this research. The results showed that the success fee practice carried out by advocates at the IM and Partners Law Office went through a series of processes starting from the agreement stage of determining the percentage of the success fee between the client and the advocate and signing the advocate's legal services. In practice, success fee payments are not only paid in cash, but also in the form of payments in the form of movable or immovable objects. The application of the amount of the success fee by the advocate at the IM and Partners Law Office is in accordance with the concept of the ji'alah contract, the success fee received by the advocate in handling the inheritance dispute case is a form of client reward for the advocate for helping to resolve the client's legal problems.
THE PERCEPTION OF ACEH ISLAMIC SCHOLARS TOWARDS THE LEGALITY OF PREWEDDING PHOTOS Rizki Mulya Nanda; Mutiara Fahmi; Sholihin, Riadhus
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

Prewedding comes from the English word which in Indonesian is a photo taken before the wedding. This means that all the processions that are carried out before the wedding and immortalised in a photo, then all these photos are prewedding photos. Prewedding photography is well known to many people. Prewedding photos are often used as mementos in the form of documentation, as is the case in walimah. Talking about walimah, of course we will talk about the accessories and makeup that adorn each room, one of which is a picture of a prewedding photo, where the bride and groom take a photo together, which is carried out before making ijab qabul or before the marriage contract. The background of this research is the existence of intimate scenes or poses that often violate Islamic norms, especially in the Aceh Besar area, and are contrary to Islamic law. This research aims to find out 1) the practice of prewedding photos in Aceh Besar; and 2) The perception of Aceh Besar scholars regarding prewedding photos. The research used in this paper uses Field Research (field research) and Library Research (literature). The results showed that the practice of prewedding photos in Aceh Besar begins with an introduction between the photographer and the prospective couple, and continues with an agreement on the cost of shooting. Then proceed to the shooting session. As for the perception of Aceh Besar scholars, it can be concluded that it is permissible as long as it does not violate Islamic law, and it can also be haram when prospective brides who are not yet legal as husband and wife do prewedding that involves khalwat (being alone without a legal bond), ikhtilat (mixing men with women), because it is close to adultery and violates Islamic norms.
THE LAW OF BUYING AND SELLING COFFEE GAYO WITH BA'I BITSAMANI'AJIL SYSTEM: Study of Fatwa DSN No.110/DSN-MUI/IX/2017 Linda Fitriani
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)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jurista.v9i1.237

Abstract

This article aims to investigate how Islamic law perceives the sale and purchase of coffee using the ba'i bitsamani'ajil system in Celala District, Central Aceh Regency. This research uses the type of field research (field research). The data collection techniques in this study are: Observations and interviews conducted with toke/agents (coffee buyers) and farmers (coffee sellers). Sources of information from primary data obtained from sellers and farmers/buyers. In contrast, secondary data is obtained from archival documents, articles, books and other sources that have been published to gain knowledge and can achieve valid results. The results of research on buying and selling coffee using the ba'i bitsamani'ajil system in Celala District, Central Aceh Regency, conducted by local residents, indicate that several factors encourage payment with the ba'i bitsamani'ajil system or deferral. The second factor is the buyer's (collector) desire for coffee, where some of the funds are not yet available on that day. However, in this case, it was discovered that some buyers failed to pay according to the initial agreement. In Islamic law, the practice of buying and selling coffee beans with payment through the ba'i bitsaman ajil system has fulfilled the pillars and conditions of bai' bitsaman ajil, which have been regulated in shara' (Islamic law). Still, it can turn invalid if, in practice, it is not fulfilled (denied) when the agreement has not been completed and can harm fellow parties, as explained in QS. An-Nisa': 29, which explains that it is forbidden to eat wealth, seeking wealth through means that Sharia does not justify
ANALYSIS OF THE IJAB QABUL IN THE SALE OF BEAN SPROUTS ACCORDING TO THE IMAM HANAFI’S PERSPECTIVE Asri Maulidia; Sulfanwandi
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)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jurista.v9i1.240

Abstract

This paper analyzes the role of ijab qabul in the transaction of taoge (bean sprouts) from the perspective of Imam Hanafi. Ijab qabul is a crucial component in Islamic transactions necessitating a legitimate offer (ijab) and acceptance (qabul) between the seller and buyer. This research used a library study technique with a normative qualitative approach to investigate and analyze the implementation of ijab qabul in the sale and purchase of taoge in Banda Aceh, while comparing it to Islamic legal perspectives, specifically those of Imam Hanafi. The findings reveal that, per Imam Hanafi, a sale and purchase transaction is deemed lawful provided ijab and qabul are articulated clearly, occur simultaneously, and are free from compulsion. Should a disparity arise between the offer and acceptance, or if there is an extended wait, the transaction may be considered invalid. The clarity of the item being sold, in this instance, taoge, is essential to prevent injury or unfairness to either party. The study reveals that, despite transactions in traditional marketplaces generally being performed informally, the norms of Islamic law regarding ijab qabul are nonetheless adhered to by the parties involved in the transactions. This research underscores the need of implementing Imam Hanafi's fiqh principles in sales transactions to maintain justice and avert harm.
LEGAL ANALYSIS OF THE SUPREME COURT DECISION NUMBER 2319 K/PID, SUS/2024 CONCERNING FIDUCIARY GUARANTEES IN MUAMALAH FIQH Mumtazul Fikri; Shabarullah
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 research analyses Supreme Court Decision No. 2319 K/Pid.Sus/2024, which imposes a penalty for breach of the fiduciary guarantee agreement in the case of unauthorised transfer of collateral objects. This research aims to examine aspects of positive law and Islamic law related to the practice of fiduciary guarantees in Indonesia and assess the suitability of the verdict with the principles of justice in Islam. Using a descriptive-normative qualitative method and a content analysis approach, this study found that the Supreme Court not only upheld positive legal norms stipulated in Law No. 42/1999, but also considered moral and Sharia principles that emphasise trustworthiness and the prohibition of khiyanah. The decision provides legal certainty for financial institutions and protection for creditors and debtors, and on the other hand, shows the importance of harmonisation between national law and the principles of Islamic law in the Indonesian legal system.
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.

Page 12 of 17 | Total Record : 163

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