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 VALIDITY OF CRYPTOCURRENCY’S ZAKAT: A study of the Mui Fatwa Number 13 of 2011 on the Law of Zakat on Unlawful Wealth Raihanun Nisa; Chairul Fahmi; Riadhus Sholihin
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.v9i2.286

Abstract

The advancement of digital technology has introduced cryptocurrency as a new form of asset used in transactions and investments. The emergence of this asset raises questions among Muslims, particularly regarding the obligation of zakat. Using MUI Fatwa Number 13 of 2011 as a point of departure, this study explores the Islamic legal perspective on zakat for cryptocurrency, which discusses the prohibition of buying and selling digital currency due to elements of uncertainty and speculation. Employing a qualitative research strategy, this study adopts a normative legal framework. Data were obtained through a literature review of both classical and contemporary fiqh on zakat, as well as scholars' opinions concerning the legal status and zakat obligation on digital assets. The study finds that cryptocurrency is classified as māl (property) with an exchangeable value, and thus is subject to zakat if it meets the requirements of full ownership, nishāb, and hawl. However, since the MUI fatwa does not explicitly address zakat on such assets, further interpretation and ijtihad are necessary to fulfil the requirements of Islamic law. This study recommends that a more specific fatwa be issued regarding zakat on cryptocurrency, so that Muslim communities can have clear guidance on managing digital assets in accordance with Sharia.
IMPLEMENTATION OF CORPORATE SOCIAL RESPONSIBILITY BY PT WOYLA ACEH MINERALS IN GEUMPANG DISTRICT ACCORDING TO THE CONCEPT OF MAQASID SYARIAH Afna, Nurul; Badri Hasan
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.v9i2.290

Abstract

This research examines the functions and applications of corporate social responsibility (CSR) by PT Woyla Aceh Minerals in accordance with the principles of maqasid sharia. The implementation of CSR aims to have a positive impact on community development from moral, social, and other aspects through community participation; however, the application of CSR in the Geumpang sub-district has resulted in water pollution, environmental damage, the destruction of forest ecosystems, and agrarian conflicts. This study focuses on how the CSR implementation by PT Woyla Aceh Minerals can reduce the pollution impacts from gold mining exploration in Geumpang Subdistrict, as well as analysing the effectiveness and function of CSR implementation by PT Woyla Aceh Minerals in Geumpang sub-district from moral, social, and job creation aspects. This research employs qualitative research methods with an empirical juridical approach, which is a legal study that focuses on the direct application or implementation of normative legal provisions in cases or legal events occurring in the community. Data collection techniques included interviews with workers, community leaders, and relevant parties from PT Woyla Aceh Minerals. The results show that the CSR programme of PT Woyla Aceh Minerals has not fully met the strategic needs of the community, including increasing mineral resources, promoting sustainable economic development, and ensuring long-term preservation. Therefore, integrating maqasid sharia is proposed to ensure that CSR not only meets material aspects but also contributes to social and environmental welfare comprehensively and fairly. This research recommends that the government and law enforcement agencies do not grant operational permits to companies without oversight by related parties, by imposing strict sanctions and revoking licenses for irresponsible companies.
LEGAL PROTECTION FOR CUSTOMERS OF CONVENTIONAL ONLINE BANKING IN ACEH BASED ON ACEH LAW NUMBER 11 OF 2018 ON ISLAMIC FINANCIAL INSTITUTIONS Fithia Civa Annisa
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.v9i2.293

Abstract

Qanun Number 11 of 2018 mandates that all financial transactions of the Muslim community in Aceh must be conducted through Sharia-based financial institutions. However, in reality, many people still use digital services from conventional banks such as Jenius, Bank Jago, and SeaBank. This study aims to analyse the form of legal protection for traditional online banking customers in Aceh regarding the implementation of Article 6 of Qanun Aceh Number 11 of 2018 on Islamic Financial Institutions. This research employs a qualitative method with a juridical-normative approach, utilising a literature study of relevant regulations and legal literature. The results indicate that regulatory gaps and weak supervision over access to conventional digital services persist, resulting in a disparity between legal norms and societal practices. This places users of traditional services in a legal position that the Qanun does not protect. Therefore, it is necessary to consistently strengthen the implementation of Article 6 through legal enforcement, the enhancement of digital Islamic financial literacy, and restrictions on access to conventional financial services, so that the Islamic economic system in Aceh can operate by the provisions of the applicable qanun.
ANALYSIS OF UNILATERAL PRICE STANDARD IN THE PALM OIL TRADING SYSTEM REVIEWED FROM AN ISLAMIC LAW PERSPECTIVE: A case study in South Aceh District, Indonesia Haryadi; Dedy Sumardi
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.v9i2.294

Abstract

Farmers conduct the purchase and sale of palm oil in Gampong Malaka after the harvest is completed by directly contacting their regular agents. Generally, farmers wait for agents to come and buy their harvest, paying directly at the transaction site. However, some agents also visit the farmers' plantations to weigh the harvest. The agent typically makes payment to the farmers after the palm oil is resold to the processing factory, and the price is determined unilaterally by the agent. The method used in this study is the empirical legal method, with informants consisting of agents/tauke and the palm oil farmer community. Data collection was conducted through interviews and documentation. The study's findings indicate that, according to Islamic economic law, there is an element of gharar in the unilateral deduction carried out by the ram. This unilateral deduction has become a custom (urf) for the people of Gampong Malaka because the practice has been carried out for a long time and is deeply ingrained in the community. However, the gharar here falls under the category of minor gharar, which is still permissible or allowed because the community of Gampong Malaka understands and has no issues with it, as it is considered to be within reasonable limits and does not cause any problems that need to be debated regarding unilateral deductions in oil palm transactions.
THE BUDGETING AND FUND MANAGEMENT SYSTEM OF GIOK AGUNG BAITUL A’LA MOSQUE IN NAGAN RAYA REGENCY ACCORDING TO THE IDÂRAH CONCEPT Hidayat, Muhammad Ryan; Muhammad Iqbal
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.v9i2.298

Abstract

This study aims to evaluate the budgeting and financial management system of the Giok Agung Baitul A'la Mosque in Nagan Raya Regency based on the principles of Islamic management (idârah). The study employs a descriptive qualitative approach, utilising data collection techniques that include in-depth interviews, field observations, and documentary studies. Data analysis was conducted through the stages of data reduction, data presentation, and conclusion drawing. The results of the study indicate that the mosque's financial management system has reflected some of the principles of idârah, particularly in the aspects of takhṭīṭ (planning) and tanzhīm (organisation), as evidenced by the implementation of annual meetings and the distribution of tasks among the management. However, the absence of formal documents, such as the Mosque Revenue and Expenditure Budget Plan (RAPBM), and the lack of written Standard Operating Procedures (SOPs), constitute the main weaknesses in formal planning. Financial management is still carried out manually and does not fully comply with the principle of accountability. From the idârah perspective, the aspects of tawjīh (direction), taqwīm (supervision), and mutāba‘ah (monitoring) have not been optimally implemented due to limited training, an unstructured supervision system, and a lack of regular monitoring. Nevertheless, values such as trustworthiness, responsibility, and community participation have become social strengths that can serve as a foundation for developing a more professional, transparent, and sustainable mosque management system under Islamic principles.
ANALYSIS OF THE VALIDITY OF THE DEBT SYSTEM IN THE MONTASIK COMMUNITY, ACEH BESAR, BASED ON FIQH MUAMALAH DOCTRINE Sucianda, Riska
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.v9i2.300

Abstract

This article examines the legitimacy of debt and receivables in the context of harvest agreements from the perspective of fiqh muamalah. It concentrates on debt agreements that involve rice harvests, in which the lander provides farmers with funds in exchange for a guarantee upon harvest. It is the objective of this investigation to ascertain the system of debt and receivables through harvest agreements in Islamic jurisprudence and to investigate the practice of debt and receivables through harvest agreements in Montasik Subdistrict, Aceh Besar Regency. The research design is legal-empirical. Data was acquired through observations and interviews. However, the study's findings suggest that the implementation of these agreements has been advantageous for the lander and detrimental to producers. Benefits from the pledged products are realized during the debt repayment process, which is characterized by a distinct pricing mechanism. One of the valid conditions for a debt agreement is the fulfillment of the elements of debt, which means that the pledged products must not generate profit. If any of these components are not met, the debt agreement is rendered null and void.
IMPLEMENTING ALTERNATIVE DISPUTE RESOLUTION ON WAQF LAND CONFLICT OF ISLAMIC BOARDING SCHOOLS RAUDHATUL JADID AL JAZURI, MEUKEK DISTRICT, SOUTH ACEH Andhika Djesi Fernanda; Delfi Suganda
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.v9i2.304

Abstract

This article discusses a dispute over waqf land at the Raudhatul Jadid Al Jazuri Islamic boarding school in Meukek District, South Aceh Regency. A plot of land measuring 25 x 94 metres was donated by Lukman in 2005 and has been used for the boarding school's purposes. However, in recent years, a conflict has emerged due to differing views among the parties involved regarding the status and use of the land. This article highlights efforts to resolve the dispute so that the endowed land can continue to be used in accordance with its original vision. The author collected data from the field or within the community as part of the field research conducted for this study. Additionally, a qualitative approach was used, which is a research and understanding process based on methodologies that delve into social phenomena and human issues. Primary data was obtained through in-depth interviews, while secondary data was obtained from relevant literature surveys. The study's findings indicate that conflicting understandings about the nature of waqf land are the root cause of land conflicts at the Raudhatul Jadid Al Jazuri Islamic boarding school. Waqf land is considered permanent under Islamic law and Indonesian regulations. Any resolution related to waqf land must comply with applicable requirements.
ANALYSIS OF MARGIN RATES IN MURABAHAH SMALL BUSINESS CREDIT FINANCING AT BANK ACEH SYARIAH KCP UIN AR-RANIRY BANDA ACEH, INDONESIA Auni Alwafi; T.Surya Reza
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.v9i2.310

Abstract

This study aims to analyse the effect of financing tenure on the determination of margin rates in the murabahah financing scheme for the People’s Business Credit (KUR) product at Bank Aceh Syariah KCP UIN Ar-Raniry, as well as to examine its legal implications from the perspective of Islamic economic law. The research employs a normative-empirical approach with a qualitative descriptive method. Primary data were collected through interviews with credit analysts at Bank Aceh Syariah, while secondary data were obtained from official documents, legal literature, and Islamic banking regulations. The findings indicate that the financing margin rate increases proportionally with the length of the financing period as compensation for the bank’s risk; however, margin determination is conducted internally, with limited room for customer negotiation. Furthermore, the determination of financing tenure has not fully considered the customers' ability in a participatory manner, which potentially leads to injustice in the murabahah contract. Islamic economic law emphasises the importance of justice (ʿadl), transparency of information, and mutual consent (tarāḍin) to ensure that financing contracts comply with the maqāṣid al-sharī‘ah. This study recommends enhancing transparency and customer involvement in the margin and tenure determination process to ensure that Islamic financing operates effectively and benefits all parties involved.
IMPLEMENTATION OF FINANCING USING THE MUSYARAKAH SCHEME AT PT BANK ACEH SYARIAH AND ITS RELEVANCE TO SHARIA ECONOMIC LAW Mawaddaturrahmah; Yuhasnibar
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 scientific article analyses the implementation of musyarakah financing at PT Bank Aceh Syariah and its relevance to Sharia Economic Law. Musyarakah, as one of the profit-sharing financing instruments, plays a crucial role in Islamic banking. This study examines the basic concepts, types, pillars, and principles of musyarakah within the framework of fiqh muamalah, as well as the regulatory framework in Indonesia, which includes laws, fatwas from the DSN-MUI, and guidelines from the OJK. Through a case study of PT Bank Aceh Syariah, this article describes the product, procedures, and implementation data, identifies challenges, and analyzes the alignment of practices with Sharia principles and the views of contemporary scholars. The research findings indicate that PT Bank Aceh Syariah has adopted musyarakah as its primary product, including Musyarakah Mutanaqisah, with structured procedures supported by a comprehensive regulatory framework. However, challenges such as customer dishonesty and a lack of understanding of the contract still exist. Nevertheless, adaptations in banking practices, such as the use of collateral, reflect efforts to balance Sharia compliance with modern banking prudence principles. This article concludes that the implementation of musyarakah at PT Bank Aceh Syariah is generally consistent with Sharia Economic Law. However, there is room for improvement in transparency and education to optimise the potential of this instrument in achieving equitable economic well-being.
THE EFFECTIVENESS OF THE INDONESIAN FINANCIAL SERVICES AUTHORITY SUPERVISION ON SHARIA FINANCIAL INSTITUTIONS IN ACEH PROVINCE OF INDONESIA Syariful Anami; Muhammad Iqbal; Riza Afrian Mustaqim
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

Aceh Province is the only region in Indonesia that has fully implemented an Islamic financial system, as outlined in Qanun Aceh Number 11 of 2018, concerning Islamic Financial Institutions. This regulation mandates all financial institutions operating in Aceh to comply with Sharia principles. However, the effectiveness of the Financial Services Authority (OJK) in supervising substantial adherence to Islamic jurisprudence (fiqh muamalah) remains questionable. This study aims to assess the efficacy of OJK’s supervision over Islamic financial institutions in Aceh and to identify the main obstacles and challenges in its implementation. The research employs an empirical, juridical, and statutory approach, with data collected through interviews, field observations, and a literature review. The findings reveal that OJK's supervisory role remains primarily administrative and has not adequately addressed the substantive aspects of Sharia compliance. Key obstacles include low Sharia literacy among industry players, weak roles of internal Sharia Supervisory Boards (DPS), limited human resources within OJK knowledgeable in Islamic finance, underutilised digital supervision systems, and weak institutional coordination. Based on Soerjono Soekanto's theory of legal effectiveness, all five components—legal substance, legal structure, legal culture, infrastructure, and community—are found to be insufficiently developed to support the ideal implementation of Islamic finance. The study recommends reformulating the supervisory approach to adopt a more participatory, contextual, and locally grounded model, ensuring the authentic and sustainable application of Islamic financial systems in Aceh

Page 15 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