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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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ANALYSIS OF THE IMPLEMENTATION OF ACEH QANUN NUMBER 11 OF 2018 ON ISLAMIC BANKING IN THE CITY OF BANDA ACEH, INDONESIA Aiman, Muhammad; Muhammad Syuib
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.v9i2.313

Abstract

The Qanun Aceh serves as a legal instrument mandating the conversion of all conventional financial institutions into Islamic-based financial entities, as part of the comprehensive implementation of sharia law in the financial sector. This study employs a qualitative-descriptive method, drawing on a juridical and Islamic economic approach, supported by field observations and interviews with banking customers and practitioners. The findings indicate that the implementation of the Qanun has been structurally well-executed, as reflected in the transformation of banking contracts (akad) and services in accordance with sharia principles. The effectiveness of the implementation is evident in the growing public trust and increased utilisation of Islamic financial products. However, efficiency remains a challenge, particularly in terms of financial literacy, human resource capacity, and comprehension of Sharia-compliant contracts. The socio-economic implications of the Qanun's implementation include the reinforcement of Islamic economic justice values, increased Islamic financial inclusion, and the potential empowerment of the Muslim community's economy. This research recommends strengthening Islamic financial literacy and enhancing collaboration among government authorities, banking institutions, and religious scholars to ensure the sustainable and holistic enforcement of the Qanun.
THE ROLE OF THE FINANCIAL SERVICES AUTHORITY (OJK) IN PROTECTING FINTECH P2P LENDING CUSTOMERS FROM THE PERSPECTIVE OF MAQASHID SYARI'AH Farhan Akbar; Ida Friatna; 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.v9i2.316

Abstract

This research examines the role of the Financial Services Authority (OJK) in protecting fintech Peer-to-Peer (P2P) lending customers in Aceh from a maqashid sharia perspective. P2P lending services, which are part of the development of financial technology (fintech), have proliferated in Aceh as an alternative financing solution that is faster and more flexible than conventional financial institutions. However, this growth also presents new risks, especially to consumer protection. This research employs a descriptive qualitative approach, utilizing interviews, literature reviews, and observational methods. The results show that OJK has made various efforts to supervise fintech P2P lending, including through regulations, digital monitoring systems, and public education. From the perspective of maqashid sharia, the protection carried out by OJK against customers reflects efforts to protect the soul (hifz al-nafs) and property (hifz al-mal), which are part of the primary objectives of Islamic law. Based on the analysis, the author considers that OJK's role in supervising and protecting fintech P2P lending customers has shown significant alignment with the principles of maqashid sharia, especially in the aspects of hifzh al-nafs (guarding the soul) and hifzh al-mal (guarding wealth).
ANALYSIS OF THE SUPREME COURT DECISION NO. 119 PK/Pdt.Sus-HKI/2017 ON TRADEMARK DISPUTES FROM THE PERSPECTIVE OF HAQ AL-IBTIKAR Muhammad Qeis; Muhammad Syuib; T. Surya Reza
JURISTA: Jurnal Hukum dan Keadilan Vol. 10 No. 1 (2026): FORTHCOMING JUNE 2026
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.v10i1.326

Abstract

Trademark protection is an integral part of the intellectual property system that protects a product's reputation, economic value, and identity. According to Article 3 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications, trademark protection is only granted to registered trademarks. However, in practice, trademark infringement has occurred, as in Supreme Court Decision Number 119 PK/Pdt.Sus-HKI/2017, between PT Gudang Garam as the owner of the well-known trademark "Gudang Garam" and the party using the trademark "Gudang Baru" on cigarette products. The method used was a normative legal approach, with a conceptual lens, examining case studies and literature as data collection techniques. The results of the survey show that PT Gudang Garam initially lost at the first level and in cassation because the judge considered the registration of the Gudang Baru trademark to be administratively valid. However, through a case review (PK), the Supreme Court found bad faith and similarity in essence, so that Gudang Garam ultimately won the case. This shows that the protection of well-known trademarks still faces challenges in terms of evidence in court. From the perspective of Haq al-Ibtikar, such actions constitute the unlawful taking of another person’s rights, which is prohibited under Sharia law, because trademarks are intellectual works with practical and economic value. It is recommended that trademark rights be protected preventively through official registration, market monitoring, and legal education for business actors, as well as strict law enforcement against trademark registrations made in bad faith.
CLAIMS FOR POSTNATAL MEDICAL SERVICES BY MIDWIVES THROUGH THE SOCIAL SECURITY ADMINISTRATOR IN KEMBANG TANJONG, PIDIE DISTRICT OF INDONESIA: AN ANALYSIS OF AKAD KAFALAH THEORY Rayhan Fazira; Safira Mustaqilla; Nahara Eriyanti
JURISTA: Jurnal Hukum dan Keadilan Vol. 10 No. 1 (2026): FORTHCOMING JUNE 2026
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.v10i1.330

Abstract

This study was motivated by the phenomenon of postpartum medical service claims submitted to the Social Security Agency (BPJS) in Kembang Tanjong Subdistrict, Pidie Regency, which directly affects the financial burden on independent midwives. In practice, midwives often have to cover the cost of patient treatment in advance before the claim funds are disbursed. The purpose of this study is to analyse the compatibility between the BPJS postnatal medical service claim system and the concept of kafalah in fiqh muamalah, as well as to identify the forms of risk coverage provided by midwives to patients. This study uses a qualitative method with a normative sociological approach. The results show that the BPJS claim system in the region substantially reflects the values of kafalah. Still, its implementation does not fully meet the principles of clarity (bayān) and justice (‘adl). Delays in claim payments and the layered bureaucracy within community health centres are the main factors contributing to an imbalance between the insurer’s rights and obligations and those of medical personnel. Nevertheless, the actions of midwives who continue to provide services even though they have not yet received payment reflect the value of ta‘āwun (mutual assistance) in Islam.
PRACTICE OF DETERMINING THE PRICE OF PALM FRUIT BUNCHES BY PT HARI SAWIT JAYA SUMATERA UTARA FROM THE PERSPECTIVE OF SHARIA ECONOMIC LAW Liza Zahara Br Hasibuan; Anggie Yolanda Ritonga
JURISTA: Jurnal Hukum dan Keadilan Vol. 10 No. 1 (2026): FORTHCOMING JUNE 2026
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.v10i1.333

Abstract

This article examines the practice of determining the price of fresh fruit bunches (FFB) of oil palm by PT Hari Sawit Jaya in North Sumatra from the perspective of Islamic economic law. This article uses an empirical juridical method with data obtained through interviews, participant observation, and documentation to explore the pricing mechanism and farmer involvement. The results of the study show that the pricing determined by PT Hari Sawit Jaya is often non-transparent and unilateral, without involving partner farmers, thereby causing injustice and economic losses for farmers. This practice contradicts the principles of Islamic economic law, which emphasises fairness, openness, and mutual agreement without uncertainty (gharar) and injustice (zulm). Although the company attempts to adjust prices to market conditions, the absence of transparent and participatory mechanisms leaves farmers in a weak bargaining position. This study also highlights the importance of the government's role in supervising and facilitating price setting in accordance with regulations and sharia principles in order to create fair and sustainable partnerships. In conclusion, the pricing of FFB at PT Hari Sawit Jaya needs to be reformed by increasing transparency, fairness, and farmer participation in accordance with sharia economic principles to strengthen farmer welfare and the stability of the palm oil industry. These findings are important as a reference for public policies that support the sustainability of the palm oil plantation sector in Indonesia.
THE ROLE OF THE ACEH ULEMA COUNCIL AND MUSLIM CONSUMER PROTECTION IN HALAL CERTIFICATION OF FOOD AND BEVERAGE PRODUCTS FROM THE PERSPECTIVE OF SHARIA ECONOMIC LAW Saprina, Laily; Soraya Devi; Misran
JURISTA: Jurnal Hukum dan Keadilan Vol. 10 No. 1 (2026): FORTHCOMING JUNE 2026
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.v10i1.337

Abstract

This article aims to analyse the role of the Aceh Ulama Council (MPU) in the implementation of halal certification for food and beverage products, and its relation to the protection of Muslim consumers, from the perspective of Islamic economic law. The research method used is qualitative, with a juridical-empirical approach, drawing on literature studies, related regulations, and interviews with consumers and the Aceh MPU LPPOM. The results of the study show that although Aceh Qanun No. 8 of 2016 on the Halal Product Guarantee System has been in effect since 2016, its implementation remains suboptimal. This can be seen from the large number of food and beverage products, including imported products, that are circulating without halal labels. LPPOM MPU Aceh plays a role in the halal certification process through administrative checks, laboratory testing, and certificate issuance. Still, its implementation is hampered by low consumer awareness, limited business compliance, and a lack of coordination among relevant institutions. From a Sharia economic law perspective, the existence of halal certification is not only a form of protection for Muslim consumers but also the implementation of the halalan thayyiban principle to safeguard the interests of the people and create a sense of security in the consumption of everyday products. Therefore, strengthening regulations, increasing the capacity of business actors, and continuously educating the public are essential steps to raise awareness of the importance of halal products and achieve the objectives of Islamic economic law optimally.

Page 16 of 16 | Total Record : 156

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