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
 12   13   14   15   16 
THE STATUS OF COPYRIGHT HOLDERS IN MAKING ONLINE APPLICATIONS ACCORDING TO SHARIA ECONOMIC LAW Mesi Nadiaturrahmi
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.v9i1.266

Abstract

This article discusses and analyses in depth the status of copyright holders of online application creation according to Sharia economic law. This study aims to analyse the juridical review of the status of copyright holders in the creation of online applications, Islamic law review, and the consequences of ownership. The approach of this research is conceptual and statutory, with a normative juridical perspective, drawing on data obtained from legal materials and prescriptive analysis. The research results show that, from a juridical point of view, Law Number 28 of 2014 concerning Copyright (UUHC) grants the creator-provider the ideal status of copyright holders in the creation of online applications, not the user. The creator is positioned as the original creator of the application, despite the user's contribution. However, if the creator-provider consciously grants a license to the user-contributor, the user becomes the copyright holder, even though this does not eliminate the original rights attached to the creator. Second, in Sharia economic review, online applications can become property rights, namely through direct creation by the creator, or through the process of bai' (sale and purchase), grants, and inheritance. For users, their status is only as owners if the Bai, grant, and inheritance contracts have been completed. The status of the user can be upgraded to a copyright holder if it gets a license or written permission from the original creator. The copyright holder is given to the creator personally or on behalf of the co-creator of the milk musytarak category. In terms of ownership (milkiyyah), everyone can have an online application, either owned by the creator because he created it, or other people through the process of buying and selling (bai'), grants, or inheritance.
THE SYSTEM OF IMPOSING FINES FOR LATE PAYMENT OF ELECTRICITY BILLS AT PT PLN ACCORDING TO SHARIA ECONOMIC LAW Tiara Maya Santhia; Hajarul Akbar
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.v9i1.271

Abstract

This study was prompted by the disproportionate enforcement of the penalty system for late electricity bill payments by PT PLN, a state-owned electricity provider in Indonesia, particularly in low-income neighbourhoods. The current penalty system is mainly uniform. It disregards the socio-economic conditions of customers and is therefore considered inconsistent with the ideals of justice articulated in Islamic economics. This study aims to analyse the framework for imposing fines on late electricity bill payments through the lens of Islamic economic law and assess its alignment with the principles of maqashid syariah, including justice (al-‘adl), public interest (al-maslahah), and the prohibition of usury (riba). The study employs a descriptive qualitative methodology, incorporating a literature review and data collection through interviews, observations, and documentation of PLN policies. The findings indicate that PLN's penalty policy lacks transparency and has not been sufficiently explained to customers. The monies accrued from penalties are not designated for social objectives, contrary to the recommendations of Islamic economic fatwas. This study advocates for the reformulation of penalty policies to enhance fairness and proportionality, including the provision of relief for vulnerable consumers, ensuring openness in penalty communication, and implementing a phased payment scheme. Consequently, penalty policies can conform to national legislation while maintaining Islamic principles. This study aims to provide PT PLN with insights for formulating public service policies that are compassionate, accountable, and rooted in Islamic economic principles.
CRIMINAL EVIDENCE AUCTION SYSTEM AT THE ACEH BESAR DISTRICT PROSECUTOR'S OFFICE BASED ON ISLAMIC LAW’S PERSPECTIVE Putri Raihan Wirda; Rahmad Efendy Al Amin Siregar; Azka Amalia Jihad
JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 2 (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

This article aims to analyze the suitability of the Aceh Besar District Attorney's Office's practice of auctioning evidence of criminal acts by the principles contained in the bai' muzayadah contract. This study employs a qualitative approach with a descriptive analysis method, as well as an empirical juridical approach, to evaluate the implementation of positive law and Sharia norms in the context of auctions. The results of the study indicate that the auction mechanism applied, including the open bidding-based e-auction system, generally reflects the principles of justice, openness, and transparency that are the basis for the validity of the bai' muzayadah contract. However, there are still challenges, such as unclear ownership documents for confiscated goods and determining limit prices that have the potential to cause elements of gharar. Essentially, the implementation of this auction can be considered valid under both Islamic law and positive law and contributes to the restoration of the economic value of confiscated goods and their utilization for the public good. The auction of evidence by the Aceh Besar District Attorney's Office has great potential to support the integration of sharia values ​​ in the sustainable governance of public assets.
EVALUATION SYSTEM OF STATE ASSISTANCE FUNDS FOR EDUCATIONAL INSTITUTIONS IN ACEH: An analysis of the ministerial regulation and the theory of milk al-daulah Maharani, Puteri Maizania; Nasrun, Mahdalena; Safira Mustaqilla
JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 2 (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.v9i2.254

Abstract

SMPN 1 Baitussalam is one of the recipients of BOS funds as referred to in Permendikbudristek No. 63 of 2023. However, the lack of transparency to the public and efficiency in its use raises issues that contradict Permendikbudristek No. 63/2023. This study examines the evaluation system for managing BOS funds in 2023 at SMPN 1 Baitussalam, Aceh Besar Regency, based on the concept of milk al-daulah, which emphasizes proper, transparent, and fair management. The method used is qualitative descriptive analysis with a formal juridical approach, data obtained through in-depth interviews, document studies, and field observations. The results of the survey indicate that SMPN 1 Baitussalam has effectively managed BOS funds by Permendikbud and the principles of milk al-daulah. However, the findings reveal that there are still instances where students are asked to contribute independently for competitions or school events, and some facilities, such as classroom chairs, are in unsuitable condition due to insufficient funds. Additionally, the BOS fund announcement board must be re-displayed to ensure public access. Therefore, this research recommends that the government increase the funding allocation to optimize school facilities.
WAQF MANAGEMENT ACCORDING TO LAW NUMBER 41 OF 2004 ON WAQFIN: A case study at the Al Muslim University Foundation Indonesia Muthawalli; Ida Friatna; Husni bin Abdul Jalil
JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 2 (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.v9i2.275

Abstract

This article aims to analyse the management of waqf by institutional trustees at the Almuslim University Foundation in Bireuen from the perspective of Law No. 41 of 2004 on Waqf and fiqh muamalah. This study employs a qualitative method with a legal-empirical approach to evaluate the alignment between normative regulations and the practice of managing productive endowments at the institutional level. The findings reveal that the Almuslim University Foundation in Bireuen has fulfilled its role as a nazir by endeavouring to develop endowment assets, such as constructing educational facilities and engaging in productive collaborations. However, this management still faces several challenges, including the lack of integrated financial reporting, the dominant use of endowment proceeds for consumptive financing without a long-term capitalization strategy, and the risk of legal uncertainty regarding the status of assets derived from management, which could trigger administrative disputes. These conditions pose a potential threat to the accountability and sustainability of the social and economic functions of endowments. Therefore, institutional capacity building, enhancing the professionalism of administrators, improving digital-based reporting systems, and optimising oversight by the Indonesian Waqf Board are necessary. These findings underscore that the implementation of professional and transparent waqf governance principles is key to making waqf a sustainable and accountable instrument for community empowerment.
ANALYSIS OF THE COURT RULING NO. 42/PID.SUS -TPK/2023/PN-BNA REGARDING LEGAL PROTECTION AGAINST STATE LOSSES IN THE SALE OF LAND CERTIFICATES BY BPN ACEH JAYA OFFICIALS Fatin Nabila; Nahara Eriyanti
JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 2 (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.v9i2.276

Abstract

This article aims to analyze the judge's considerations in decision No. 42/Pid.Sus-TKP/2023/PN-Bna regarding legal protection against state losses in the sale of land certificates by the Aceh Jaya BPN apparatus, based on the MABI concept. This case focuses on the actions of the Aceh Jaya BPN Apparatus, which forged signatures and traded land certificates illegally, resulting in state losses of Rp. 12,607,479,500 (twelve billion six hundred seven million four hundred seventy-nine thousand five hundred rupiah). This not only resulted in state losses but also harmed the community, which was deprived of its rights to land redistribution and the objectives of land reform. This study employs a qualitative approach, utilizing a case study method, as well as a normative juridical approach, to examine the juridical aspects of the sale of land certificates by the Aceh Jaya BPN Apparatus in the context of land redistribution activities related to land reform objectives that resulted in state losses. The results of the study indicate that the implementation of land redistribution activities for land reform objectives is contrary to the concept of mabi' because it does not meet the requirements for a valid sale and purchase agreement according to Islamic law, so the transaction is considered invalid according to Sharia. This study highlights the importance of monitoring the implementation of land redistribution for land reform objectives and enforcing integrity within the Aceh Jaya BPN apparatus to prevent the recurrence of authority abuse.
IMPLEMENTING CORPORATE SOCIAL RESPONSIBILITY FUNDS AT LAMBHUK PETROL STATION: Analysing the fulfilment of government regulation and the concept of sadakah wajibah Afifah, Maisin; Arifin Abdullah
JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 2 (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.v9i2.278

Abstract

This article examines the implementation of Corporate Social Responsibility (CSR) funds at the Lambhuk Gas Station (SPBU Lambhuk Banda Aceh) based on the principle of legal obligation as regulated by Government Regulation Number 47 of 2012. The implementation focuses on CSR funds allocated by SPBU Lambhuk, which constitute a legal obligation for limited liability companies operating in sectors related to or utilising natural resources. This study uses an empirical juridical approach, with data collected through interviews and documentation. It investigates whether the implementation of CRS at SPBU Lambhuk complies with applicable regulations and identifies the factors that hinder or support its execution. SPBU Lambhuk has previously carried out CRS activities, such as providing aid to surrounding communities during disasters, supporting religious activities, and contributing to the construction of worship facilities. However, these activities have not been carried out routinely and lack a well-planned annual work programme. The results show that the implementation of CSR funds at SPBU Lambhuk remains suboptimal. The absence of a consistent work programme, weak documentation, limited understanding of CS responsibilities, and insufficient oversight by relevant parties are key factors hindering the realisation of social responsibility. Therefore, efforts to strengthen accountability, transparency, and human resource empowerment are necessary to ensure that CSR truly functions as sadakah wajibah, fulfilling its role in achieving social justice and community welfare.
CONSUMER PROTECTION IN THE PURCHASE OF RECONDITIONED ELECTRONIC GOODS IN BANDA ACEH: An analysis of Islamic law and Law No. 8 of 1999 on Consumer Protection M. Farhan
JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 2 (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.v9i2.281

Abstract

This study aims to analyse legal protection for consumers in the purchase of reconditioned electronic goods in Banda Aceh, viewed from the perspective of Islamic law and Law No. 8 of 1999 on Consumer Protection. The research method employed is a qualitative approach, utilising data collection techniques that include literature reviews, field observations, and interviews with consumers and business actors. The results of the study indicate that many business operators use ambiguous terms, such as "used goods" or "ex-inter," without providing transparent explanations, which can obscure the status of the goods as refurbished. Although some consumers are aware of the meaning of these terms, they do not fully understand the risks and quality of the goods they purchase. From an Islamic law perspective, such practices may fall under the categories of tadlis and gharar, which are prohibited in sales contracts. Meanwhile, according to Law No. 8 of 1999, this practice contradicts the obligation of business operators to provide honest information and consumers' right to clarity regarding the goods they purchase. Challenges in implementing consumer protection include low consumer legal literacy, weak oversight of reconditioned product sales, and limited effectiveness of dispute resolution mechanisms. This study recommends strengthening regulations, consumer education, and enforcing principles of transparency and Islamic business ethics as efforts to achieve more optimal protection.
PRICE SETTING SYSTEM ON FINANCING OBJECTS IN BINTANG MANDIRI ACEH SHARIA COOPERATIVE IN THE CONTEXT OF MURÂBAHAH CONTRACT Aditya Alhamdi; Jalaluddin
JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 2 (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.v9i2.284

Abstract

The murābahah contract's pricing is a crucial component of Islamic financial transactions, as it ensures the principles of transparency and equity. The objective of this investigation is to evaluate the application of the pricing system to financing at Bintang Mandiri Aceh Sharia Cooperative through an analysis of the murābahah contract. Qualitative research employs a descriptive-analytical methodology. Data were collected through direct observation, interviews with cooperative administrators, and a review of pertinent literature. The findings suggest that the selling price is established by incorporating a 16% annual profit margin into the cost of goods, while also considering operational costs, prospective financing risks, and the financial capacity of the members. Although this system is under Sharia principles, it is unable to provide cooperative members with comprehensive price information. It has been determined that the implementation of pricing principles that prioritize transparency and justice can enhance member satisfaction and welfare. This investigation proposes that cooperatives should enhance Sharia literacy among their management and strengthen their internal supervisory function to ensure the execution of the murābahah contract by Sharia provisions.
ALTERING THE FUNCTION OF PADDY FIELDS TOWARD IRRIGATION NETWORKS IN PIDIE DISTRICT: A Study of Pidie Qanun No. 3 of 2023 and Al-Milkiyyah Theory Revi, Jihan Friska
JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 2 (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.v9i2.285

Abstract

The conversion of paddy fields, especially in technically irrigated areas, is a critical issue in the Pidie District, Aceh Province. The Pidie District Government is addressing this challenge through the enactment of Qanun No. 3 of 2023, which aims to limit the conversion of paddy fields to preserve land for agricultural purposes. The purpose of this study is to assess the application of the Qanun from the perspective of Islamic law through the concept of al-milkiyyah. The research was conducted with a juridical-sociological approach, using a descriptive qualitative method. The data in this study were obtained from interviews with the Agriculture Office, as well as a documentation review of related regulations and Islamic law literature. The results show that although Qanun No. 3 of 2023 strictly prohibits the conversion of paddy fields in technical irrigation areas, its implementation still faces obstacles due to a lack of socialisation and law enforcement. The perspective of Islamic law emphasises the importance of land management, adhering to the principle of people's maslahat, which ensures that restrictions on land conversion align with Sharia values. This research concludes that restrictions on land use change not only preserve the sustainability of agricultural land but also fulfil the objectives of Sharia in maintaining community welfare.

Page 14 of 16 | Total Record : 156

 12   13   14   15   16 

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