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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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CONSUMER PROTECTION UNDER LAW NUMBER 8 OF 1999 ON PARTIAL CANCELLATION IN MOTOR VEHICLE SALE AND PURCHASE AGREEMENTS Maisarah Ulfa
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.v9i1.242

Abstract

This study examines consumer protection against the unilateral cancellation of motor vehicle sales and purchase agreements, with a focus on the practice at the Berkah Motor business in Banda Aceh, Indonesia. The research method employed is a sociological juridical approach, utilizing primary data collection through interviews and secondary data from laws, regulations, and related literature. The results of the study indicate that a business actor unilaterally canceled the deal due to late installment payments by the consumer, without providing prior information regarding the provisions, and without returning the down payment. This action violates the principle of good faith and the provisions of Articles 7 and 18 of Law Number 8 of 1999 concerning Consumer Protection, which require business actors to provide clear information and prohibit the inclusion of unilateral exoneration clauses. Hence, I argue that although oral agreements are valid and binding, business actors are still obliged to fulfill consumer rights reasonably. In the event of a dispute, Berkah Motor generally resolves the dispute through deliberation to reach a consensus. Still, its effectiveness depends heavily on the good faith of the business owner. If peaceful efforts fail, consumers can pursue legal action through the Consumer Dispute Resolution Agency (BPSK) or the courts. This study highlights the importance of drafting written agreements and the need to enhance legal education for consumers to prevent losses resulting from the unilateral cancellation of verbal contracts.
MARKET PRICING SYSTEM OF CERTIFIED FOOD SEEDS IN ACEH ACCORDING TO THE CONCEPT OF TSAMAN Putri Balqis; Teuku Surya Reza
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.v9i1.251

Abstract

Abstract This study aims to analyse the market mechanism of certified food crop seeds, particularly rice seeds, in Aceh Besar Regency. It also evaluates the pricing system through the concept of tsaman within the framework of Islamic economics and based on the Regulation of the Minister of Agriculture of the Republic of Indonesia Number 12 of 2018 concerning the production, certification, and distribution of seeds. The background of this study is motivated by the phenomenon of certified seed prices that tend to be high, yet lack transparency and a clear pricing basis, resulting in injustice for farmers, especially those from low-income groups. This research employs a descriptive qualitative approach, utilizing primary data collected through in-depth interviews with representatives from Aceh UPTD BPSBTPHP, farmers, and agricultural input suppliers, as well as secondary data from relevant literature and regulatory documents. The findings reveal that the absence of explicit pricing provisions in MOA No. 12/2018, along with limited dissemination, results in non-transparent pricing that is difficult for farmers to access. From the perspective of tsaman, this condition does not reflect the principles of fairness, openness, and price appropriateness. Consequently, some farmers prefer to use uncertified seeds obtained through mutual exchange among fellow farmers. This study recommends a pricing policy that is transparent, adaptive to market conditions, and aligned with Sharia principles to support the development of a healthy, fair, and sustainable seed market system.
THE THEORY OF AL-MISBAH ON SUBSIDIZED GAS DISTRIBUTION: A Case Study of Banda Raya Sub-District, Banda Aceh, Indonesia Farah Saima; Faisal Fauzan
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.v9i1.252

Abstract

The distribution of 3-kg subsidised LPG gas is part of the government’s policy to meet the energy needs of low-income communities. However, in practice, this distribution often faces various problems such as mistargeted allocation, hoarding, and fraud within the supply chain. These conditions demand strict and continuous supervision from various parties, including distribution agents. This study aims to analyse the realisation of subsidised LPG gas distribution oversight by PT Mitra Alam Jaya in Banda Aceh from the perspective of al-hisbah theory. In Islam, al-hisbah provides a normative and structural framework for the function of economic supervision, ensuring justice and preventing wrongdoing. This research employs a descriptive qualitative method using a case study approach. Data were collected through in-depth interviews with the owners and managers of the distribution agency, as well as field observations and documentation. The results show that PT Mitra Alam Jaya has implemented a standardised distribution and supervision system, including distribution records, stock monitoring, and routine reporting. However, challenges remain, including weak oversight at lower levels, a lack of moral control among distribution actors, and limited synergy with independent supervisory institutions. From the perspective of al-hisbah, a systematic supervisory system reflects the principles of amar ma’ruf nahi munkar and distributive justice. This study recommends strengthening supervision based on hisbah values, increasing moral education, and enhancing transparency in distribution data to achieve fair LPG governance.
RETRIBUTION COLLECTION PRACTICES OF STREET VENDORS FROM THE PERSPECTIVE OF SHARIA ECONOMIC LAW IN SIGLI CITY OF INDONESIA Ari Ananda; Boihaqi bin Adnan
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

Abstract

Informal economic activities such as street vending have become an integral part of the socio-economic dynamics in urban areas, including Sigli City. The presence of street vendors not only meets the daily needs of the community but also serves as a livelihood for the lower-middle economic class. However, the practice of managing and collecting retribution fees from street vendors still presents various issues, particularly concerning legality and fairness. This study aims to analyse the retribution collection practices imposed on street vendors in Sigli City from the perspective of Islamic economic law. Using a descriptive qualitative method, data were obtained through field observations, interviews with vendors and local authorities, and a review of regulatory documents. The findings reveal that retribution is often collected by unauthorized parties, such as parking attendants, without formal contracts and without being based on official regulations issued by the local government. These practices are considered contrary to Islamic economic principles, which emphasise contractual clarity, justice, and public welfare (maslahah). Elements of uncertainty (gharar), injustice (zulm), and unauthorised authority were identified in the field. Therefore, a reformulation of retribution policy based on maqashid shariah is necessary to establish a system of governance that is fair, transparent, and sustainable for all stakeholders involved.
EFFECTIVENESS OF LEGAL PROTECTION FOR CONSUMERS OF DANGEROUS COSMETIC PRODUCTS IN BANDA ACEH BY THE FOOD AND DRUG SUPERVISORY AGENCY OF ACEH Ami Dasria Asja; M.Syuib
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

Many unlicensed cosmetic products continue to circulate without official distribution permits and contain hazardous chemicals such as mercury, hydroquinone, and lead in the city of Banda Aceh. According to official data from the Food and Drug Supervisory Office (Badan Pengawasan Obat-obatan dan Makanan [BPOM]) Aceh, for the period from November 2023 to October 2024, 55 cosmetic products containing hazardous substances were identified and withdrawn from circulation. This paper aims to assess the effectiveness of the legal protection efforts implemented by BPOM Aceh in addressing the issue of harmful cosmetics for consumers. The research employs a juridical-empirical method with a sociological approach, involving in-depth interviews with five victims and discussions with BPOM officials. The findings indicate that although BPOM Aceh has carried out supervision at both the pre-market and post-market stages, including online monitoring or cyber patrol, the legal protection provided has not been entirely adequate. This is due to the generally low level of legal awareness among the public, where victims often do not understand their rights, are unfamiliar with proper complaint procedures, and rarely check BPOM registration numbers before purchasing products. Moreover, the sanctions imposed on business operators are considered insufficient to create a deterrent effect. Based on these findings, the study concludes that the legal protection system in Banda Aceh remains less than fully adequate and therefore requires strengthened public education initiatives, more rigorous law enforcement, and improved inter-agency collaboration to ensure consumer safety.
ANALYSIS OF FUEL RETAILERS’ PERSPECTIVE ON THE USE OF MEASURING MACHINES AND THE ACCURACY OF THE DOSE ACCORDING TO THE CONCEPT OF MABI’ Syuhada; Nurdin Bakri; Nurul Fithria
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

In buying and selling transactions, Mabi’ is the core object involved between the seller and the buyer. Mabi’ can be goods offered by the seller and paid for by the buyer with money or a certain value. Sellers must also establish clear procedures, such as proper measurements or scales, to ensure the product has resale value and is attractive to buyers. The focus of this research is the use of electric measuring devices in retail fuel sales at gas stations, especially in filling Pertalite and Pertamax. This research employs an empirical juridical approach, where interviews are a primary method for gathering relevant data. The research results show that accurate measuring tools, such as a 3.5-meter-long hose, are crucial for ensuring accurate measurements in retail fuel dispensing. Traders need to know the accuracy of the measuring equipment used so that retail fuel filling is conducted within the provisions of the measuring machine. In this case, Mabi’ not only involves sellers and buyers, but also includes the role of supervisor or regulator to ensure transactions are carried out fairly and according to standards. Honesty, integrity, and accountability are crucial for maintaining the quality and accuracy of retail fuel buying and selling transactions, which ensures buyer satisfaction and seller profits.
TRADEMARK NAMING ETHICS AND ITS IMPLICATIONS FOR HALAL STATUS ACCORDING TO ISLAMIC LAW Riskia Ulfa; Fakhrurrazi M Yunus
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.v9i1.253

Abstract

This study comprehensively explores the issue of poorly chosen names that contain negative connotations for culinary products and their impact on the halal status of food. The primary focus is on a food stall named "nasi bebek kuntilanak" (fried duck rice with the name kuntilanak, a ghost figure in Indonesian folklore). The approach used in this research is sociological-legal, involving the collection of primary information through interviews and direct observations, as well as the use of secondary data sourced from religious regulations, such as the fatwa issued by the Indonesian Ulema Council (MUI), and legislation. The main findings indicate that the business owner violated regulations by labeling their product "kuntilanak," which contradicts the legal stipulations outlined in the MUI Fatwa Number 44 of 2020 regarding the use of names, appearances, and packaging designs that cannot obtain halal certification. This regulation explicitly prohibits the labeling of halal on products that contain harmful elements such as disbelief, sinful actions, or connotations that do not align with Islamic values. The use of the term "kuntilanak," which is provocative and sensational, has the potential to influence public perception regarding the halal status of a food product. Although the composition of ingredients and food processing techniques meet halal requirements, the use of a name with negative implications becomes an obstacle in the halal certification process by the Halal Product Assurance Agency. This research is significant in understanding the cultural and social impacts of naming practices considered deviant. Therefore, this study emphasizes the importance of educating culinary business actors to use names that align with Sharia values, thereby strengthening consumer trust, maintaining a business reputation, and contributing to the enhancement of the national halal product ecosystem.
IMPLEMENTING THE THEORY OF TSAMAN IN RUBBER’S PRICING STANDARD IN INDRA MAKMUR DISTRICT, ACEH PROVINCE, INDONESIA Mizal Helmi; Mukhsin Nyak Umar
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.v9i1.259

Abstract

The rubber trade in Indra Makmur District, East Aceh Regency, is a primary source of income for local farmers. However, the price determination by middlemen often leads to injustice and a lack of transparency, particularly regarding the relationship between rubber quality and selling price. This study aims to analyze the relationship between rubber quality and price determination from the perspective of tsaman according to Islamic fiqh muamalah. A qualitative descriptive method was employed, with data collected through interviews, observations, and documentation. The findings indicate that although factors such as moisture content, color, and latex content affect the price, the price-setting process often lacks transparency and tends to disadvantage farmers. From the tsaman perspective, current pricing practices do not fully comply with the principles of justice, clarity, and openness in sales contracts. This study recommends the application of Sharia values in rubber trading to create a fairer and more sustainable pricing system for both farmers and middlemen.
DETERMINATION OF UJRAH ON WAREHOUSE COLLATERAL ACCORDING TO THE IJĀRAH 'ALĀ AL-MANĀFI' CONTRACT Yashila Rahima; Yuhasnibar
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.v9i1.260

Abstract

This article discusses the topic of determining ujrah on the storage of collateral for bags and warehouses at PT Pegadaian Syariah Banda Aceh according to the ijārah 'alā al-manāfi' contract. This article is conducted to know and analyse the value and legal status of determining ujrah related to collateral storage seen from the ijārah 'alā al-manāfi' contract. The approach used is a conceptual approach, type of empirical legal research, while the data is obtained from interviews and documentation studies. The data findings were analysed qualitatively with a prescriptive nature. The results showed that the determination of ujrah on the storage of collateral for bags or warehouses at PT Pegadaian Syariah Banda Aceh is in accordance with the ijārah 'alā al-manāfi' contract in Islamic fiqh and in the DSN-MUI Fatwa. The determination of ujrah is based on the estimated value of the collateral, not judged by the type of collateral, and not determined by the amount of the loan.
THE SYSTEM OF PART-TIME JOB SALARY UNDER ISLAMIC ECONOMIC LAW AND THE GOVERNMENT REGULATION: A case study at Maroon Café Banda Aceh, Indonesia Aisyatul Humaira; Bukhari Ali
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.v9i1.265

Abstract

The growth of part-time work systems in the culinary business sector, particularly among micro and small enterprises, has created new challenges in human resource management, especially concerning workload fairness and wage systems. Café Maroon in Banda Aceh is one such business that applies a part-time work scheme for its employees. This study aims to analyze the system of workload determination and the relevance of part-time employee wages at Café Maroon based on the perspective of the Ijarah ‘Ala al-‘Amal contract in fiqh muamalah (Islamic commercial jurisprudence) and Government Regulation (PP) No. 36 of 2021 concerning Wages. This research employs a descriptive qualitative method with a normative and empirical juridical approach. Data were collected through in-depth interviews, direct observation, and documentation involving part-time employees and the management of Café Maroon. The results indicate that the part-time work system at Café Maroon has fulfilled aspects of work agreement and wage payment timing. However, an imbalance remains between the workload and the wages provided. From the perspective of Ijarah ‘Ala al-‘Amal, clarity of work and fairness in compensation have not been fully implemented. Similarly, within the framework of Government Regulation No. 36 of 2021, wage determination has not yet reflected the principle of a decent living as mandated by the regulation. This study recommends the need for fair and proportional adjustments to part-time wage policies, as well as the formulation of written employment contracts as a form of legal protection that aligns with both fiqh muamalah principles and positive law.

Page 13 of 16 | Total Record : 156

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