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Centre for Adat and Legal Studies of Aceh Province (CeFALSAP) Jl. Tuan Dibaroh No.2 Ie Masen Uleekareng, Banda Aceh, Indonesia 23117
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INDONESIA
JURISTA : Jurnal Hukum dan Keadilan
ISSN : 19798571     EISSN : 25798642     DOI : https://doi.org/10.1234/jurista.v7i1
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 165 Documents
THE LEGAL ENFORCEMENT OF CONSUMER PROTECTION LAW IN THE CIRCULATION OF IMPORTED PHARMACEUTICALS: A Comparative Study Between Indonesia and Malaysia Anis Abdul Rauf; Fahmi, Chairul; Husnul, Muhammad
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.v10i1.363

Abstract

The circulation of imported pharmaceutical products in the era of globalization presents significant challenges to consumer protection, particularly regarding safety, quality, and halal assurance. Indonesia and Malaysia, as countries with predominantly Muslim populations, have a strategic interest in ensuring that imported medicines circulating in domestic markets comply with health standards and consumer protection principles. This study aims to analyse and compare the enforcement of consumer protection laws in the circulation of imported medicines in both countries, covering regulatory frameworks, supervisory institutions, registration mechanisms, and sanctions for violations. The research employs normative legal methods, including the statutory, comparative, and conceptual approaches. The study is expected to provide an in-depth understanding of the legal framework and oversight mechanisms for imported medicines and serve as a reference for strengthening consumer protection policies in the pharmaceutical sector.
ANALYSIS OF THE MECHANISM FOR DETERMINING PROFITS ON GOLD INSTALMENTS AT BANK MUAMALAT’S BANDA ACEH ACCORDING TO THE MURABAHAH AGREEMENT Syarifah Insyirah Mahzain; Dedy Sumardi
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.v10i1.353

Abstract

This study aims to analyse the determination of profit margins in gold instalment financing at the Bank Muamalat Banda Aceh Branch under the murabahah contract. Gold instalment financing has become one of the leading products of Islamic banking because it provides easy access to gold ownership through an instalment mechanism. Still, it raises questions about the nature of the profit margins banks apply. In murabahah contracts, profit margins are part of the selling price that must be agreed upon at the outset of the contract and cannot be positioned as compensation for the use of time. Problems arise when financing margins are linked to the instalment period and are perceived by some customers as part of the instalment system. This study uses a qualitative, normative-empirical approach, reviewing the provisions of the murabahah contract in the DSN-MUI fatwa and sharia economic law literature, and collecting empirical data through interviews and observations. The study shows that the profit margin in gold instalment financing is determined and agreed upon from the outset of the contract and is included in the gold’s selling price. However, there are still differences in customers’ understanding of the margin’s position in the contract structure. This study concludes that, normatively, the determination of the margin is consistent with the murabahah contract. Still, a deeper understanding of the contract is needed so that financing practices continue to reflect the characteristics of sharia-compliant buying and selling.
POST-CERTIFICATION GOVERNANCE: AN EXAMINATION OF INSPECTORIAL OVERSIGHT AND BUSINESS COMMITMENT IN ACEH’S HALAL REGULATORY FRAMEWORK Vira Yuniar; Irwansyah; Muhammad Iqbal
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.v10i1.375

Abstract

This study examines the effectiveness of the LPPOM MPU Aceh supervision system in ensuring business operators’ post-certification commitment to halal certification. The background to the research is the phenomenon of inconsistent compliance by business operators with halal standards, as revealed by the 2023 inspection, which found that 26.4% of 87 businesses in Banda Aceh did not meet halal standards despite holding valid certificates. This study employs a descriptive qualitative approach, combining primary data from in-depth interviews with LPPOM MPU Aceh officials, halal auditors, and business operators, alongside secondary data from supervision reports and relevant regulations. The research findings indicate that LPPOM MPU Aceh implements a multi-layered supervision mechanism through routine and unannounced inspections, with 39 auditors overseeing 900–1,000 business units. Practices on the ground face complex challenges, including a limited auditor-to-business operator ratio (1:23–26), a lack of operational funding, and a gap in business operators’ understanding of the principles of the Halal Assurance System (SJPH), which reduces the effectiveness of supervision by 20–30% with coverage of only 60–70% of priority targets. Violations identified include the use of non-certified ingredients, cross-contamination, and non-compliance with product composition requirements. This study concludes that although the supervision system based on Aceh Qanun No. 8 of 2016 has served as a structured compliance framework, its effectiveness requires improvement through digital transformation grounded in risk management, institutional capacity building, and the development of a more adaptive supervision model tailored to SME characteristics.
UNDER-THE-COAT CAR CREDIT SALES PRACTICES UNDER ISLAMIC ECONOMIC LAW: A STUDY AT THE IJONK JAYA MOBIL SHOWROOM IN ACEH BESAR REGENCY Aulia Dhuhri Phonna; 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.v10i1.382

Abstract

The growing demand for motor vehicles has led to the emergence of informal car credit sales as an alternative form of financing that is easier and more flexible. This study aims to analyse the practice of private car credit sales, identify the factors underpinning it, and examine its compatibility with the principles of Islamic economic law. This study employs a qualitative approach using field research methods, with data collection techniques including interviews, observation, and documentation. The results indicate that these credit transactions are conducted directly between the seller and the buyer without involving formal financing institutions, based on simple agreements founded on trust. The primary factors underpinning this practice include ease of access, consumers’ economic circumstances, business strategies of the operators, and the influence of the social environment. A review of Islamic economic law indicates that these practices do not yet fully comply with the principles of contractual clarity, justice, and transparency, and thus potentially contain elements of gharar and legal uncertainty. Therefore, improvements are required in the transaction system through the drafting of clearer contracts and an enhanced public understanding of the principles of Islamic economic law to ensure fair, secure, and Sharia-compliant transactions.
CONSUMER PROTECTION UNDER ISLAMIC LAW IN E COMMERCE TRANSACTIONS: A CASE STUDY OF SHOPEE USERS IN PIDIE DISTRICT, INDONESIA M. Darul Kamal; Saifuddin Sadan; Chairul Baria
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.v10i1.383

Abstract

This paper examines consumer protection in online buying and selling transactions via Shopee according to Islamic law (a case study in Sigli City). It employs qualitative research methods and a normative juridical approach. Data was obtained through interviews and direct review of the accounts @mawaddah and @warahmah. The results indicate that errors were made by the seller, as well as a lack of response from the seller to complaints from buyers, and the seller is not held responsible for these errors. According to Islamic law, all types of transactions are permissible, provided they adhere to and comply with applicable Islamic law. All buying and selling activities must meet the relevant requirements and legal provisions. Once these conditions are met, the rights and obligations of both parties apply.