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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 162 Documents
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REVIEW OF ISLAMIC ECONOMIC LAW ON THE PRACTICE OF SAWERIA ON YOUTUBE Muhammad Hafid Siddiq; Muslim; Aulil Amri
JURISTA: Jurnal Hukum dan Keadilan Vol. 5 No. 2 (2021): 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: 10.1234/jurista.v5i2.13

Abstract

Website platforms can make it easier for people to give alms through their respective gedgets, one of which is Youtube, being one of the most accessed sites both as viewers and as content creators. Youtube has also produced many wealthy people through uploading videos, to cover the declining income, many content creators use crowdfunding so that they can get online donation income by listing donation links in the descriptions of the videos they make. Saweria is here as a crowdfunding website for fundraising and donating online which is being used by many YouTubers in their live streams on YouTube. The ease of using Saweria access can cause problems in the future if it is used incorrectly. The purpose of this research activity was to find out the aspects of Fiqh Muamalah to Saweria practice on YouTube, as well as to find out the ideal setting regarding Saweria practice on YouTube. This research method uses a descriptive method of analysis. This research uses an empirical approach by conducting research using field research and literature research. In crowdfunding transactions it is difficult to know whether the recipient of the funds is a person in the circumstances as described. So is the company profile whether fictitious or true. The opportunity for transactions that use non-identity is actually very possible, The opportunity for transactions that use non-identity identity is very possible. If so it is booked then the contract becomes invalid.
THE LAW OF CASH PAYMENT ACCORDING TO SHARIA ECONOMIC LAW: A Study of Building Tool Shops In Shiah Kuala Sub-District Banda Aceh Muhammad Ikram; Safira Mustaqilla; Riadhus Sholihin
JURISTA: Jurnal Hukum dan Keadilan Vol. 4 No. 1 (2020): 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: 10.1234/jurista.v4i1.14

Abstract

UD Banda Electric building shop and Raseuki Ilham building shop are building shops in the Syiah Kuala sub-district of Banda Aceh City that use the cash tempo payment system. In the sales practices of the two building shops, there is uncertainty about the price of the time the price of goods increases from the original price so that it is at risk of buyer losses. This study aims to see how the practice of buying and selling by means of cash tempo at building stores in the Syiah Kuala sub-district of Banda Aceh, according to fiqh muamalah. The type of research is qualitative research research. Data collection techniques in this study were carried out by means of interviews and observations. The results of the study found that the sale and purchase system that uses cash tempo payments at the two building stores contains elements of gharar or uncertainty. This makes the legal requirements of buying and selling not fully fulfilled because there is a defect in the conditions, namely in the uncertainty of the price of goods. This uncertainty is found in the increase in the price of goods determined so that the seller does not suffer losses. The increase in the price of the goods is not certain to increase, but the seller still raises the price. So in this case the sale and purchase practices carried out in the two building shops have not fulfilled the legal requirements of buying and selling.
MONEY-MAKING PLATFORM BUSINESS THROUGH VIDEO SNACK APPLICATION IN PERSPECTIVE AKAD JU'ALĀH Jelita
JURISTA: Jurnal Hukum dan Keadilan Vol. 5 No. 2 (2021): 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: 10.1234/jurista.v5i2.15

Abstract

Snack Video application is called a money-making application because this application provides income for creators and ordinary users. Several differences of opinion arise in response to this phenomenon regarding the validity and permissibility of the money earned from the Snack Video application. Based on the concept of contracts in Islam, the income earned from the Snack Video application is included in the ju'alāh contract, which is offering a job that is not clear that the recipient of the job can complete and he is entitled to a reward if he successfully completes it. The purpose of the research is to find out the acquisition of money in the money-making platform business through the Snack Video application and to find out the money-making platform business through the Snack Video application in the perspective of the ju'alāh contract. This research uses normative legal research with conceptual and theoretical approaches. In the business practice of the money-making platform through the Snack Video application, namely income as a content creator through the creator reward programme as a form of appreciation for the achievements and contributions of creators. And income as an ordinary user, rewards for users who successfully complete missions/tasks that have been provided on the Snack Video task page. Secondly, the business of the money-making platform through the Snack Video app is permissible as long as the contract attached to the Snack Video app is in accordance with the pillars and conditions of the ju'alāh contract. Downloading and installing the Snack Video app to earn money is not something that is forbidden.
STANDARDISATION AND PRICING OF MAIZE COMMODITIES FROM THE MABI' PERSPECTIVE IN SALE AND PURCHASE CONTRACTS Mutia Sahara Ningsih
JURISTA: Jurnal Hukum dan Keadilan Vol. 5 No. 2 (2021): 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: 10.1234/jurista.v5i2.16

Abstract

The market mechanism plays a very important role in changing the price of a commodity. One of them is in the price mechanism for shelled corn in the Deleng Pokhkisen District area, farmers sell their corn harvest to collectors. This is a dilemma for the farmers, because the collectors have set a standardized price for corn that is slightly lower than the factories. Therefore, writing this thesis examines how the mechanism for standardization and pricing of shelled corn occurs in Deleng Pokhkisen District from a mabi' perspective. This research was carried out using a qualitative approach, with a normative-empirical type of research. The results showed that the corn price setting mechanism followed the price changes given by the factory. The collectors who buy the farmer's corn will sell it back to the factory with a profit difference of Rp. 200/kg to Rp. 500/kg. In addition, changes in the rise and fall of corn prices are not carried out unilaterally by the collectors or the factory. Fluctuations in the price of shelled corn are influenced by the actual market price demand mechanism, such as the influence of consumer demand for animal feed. In the perspective of Islamic law, transactions carried out by farmers, agents and manufacturers are in accordance with the provisions of Islamic law in the principles of transactions that require the willingness of each party, without being based on price manipulation and bad intentions.
EFFORTS TO DEVELOP SHARIA-COMPLIANT AND PROFESSIONAL CIVIL SERVANT COOPERATIVES Nilam Sari
JURISTA: Jurnal Hukum dan Keadilan Vol. 6 No. 1 (2022): 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: 10.1234/jurista.v6i1.17

Abstract

This article exposes the model and format of civil servant cooperative (KPN) that correspond to sharia and professional system, factors which become obstacle development of KPN in surroundings of UIN Ar-Raniry, and steps that should be taken to reformatting the existed system in order to correspond to sharia principles and more professional. Data collection methods by in depth interview and comparative study (site visit). Respondent (interview) was Head of Department of Cooperative Province which exist in Aceh, administrator of KPN Muamalah, and other KPN that presence in Aceh. Results of study indicated that among of ideal format of KPN was its operational activity must be run correspond to sharia principle, the organization structure accord with need and have a distinct of function, have a good planning, instruction of manager is clear, a good controlling system, the modern administration and have a clear business development strategy and capacity building of continuous member. Among of things that hinder the development of KPN in surroundings of UIN was participation level of member is still low, socialization not yet optimal, not hol collaboration with sharia cooperative inside or outside the campus, caretaker and organizer were less professional in the field, still relied on profit 1% of loan of member without other business. Efforts can be done to reformatting and developing KPN in surroundings of UIN Ar-Raniry was: functioning the role of DPS which filtering the activities of cooperative business, select to competence caretaker and willing to be organizer the cooperative and develop it. Broaden the sector cooperative business and carried out promotion facilities in business unit. Applied good cooperate governance (GCG) system and ordering the modern cooperative management such as bookkeeping administration and the information system, and be ready audited.
THE SALE AND PURCHASE OF FURNITURE WITH ISTISNA' CONTRACT ACCORDING TO ISLAMIC LAW: A Case Study in Sukakarya Sub-District, Sabang Aris Munandar; Safira Mustaqilla
JURISTA: Jurnal Hukum dan Keadilan Vol. 6 No. 1 (2022): 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: 10.1234/jurista.v6i1.18

Abstract

The sale and purchase of furniture in Sukakarya Subdistrict, Sabang is generally carried out by means of an order (istiṣnā'). The problems in this study are how the practice of buying and selling furniture in Sukakarya Subdistrict, Sabang, and how Islamic Law views the delay in the delivery of goods in the istiṣnā' contract in buying and selling furniture in Sukakarya Subdistrict, Sabang. The results of this study show that order buying is permissible as long as all the conditions and pillars are fulfilled. The delay in delivery of goods in the sale and purchase of furniture in Sukakarya Subdistrict, Sabang is a violation of the sale and purchase agreement. The sale and purchase agreement is clear and agreed upon by both parties, but one of the parties, namely the seller, does not fulfil his obligations (does not deliver the goods at the specified time). According to Islamic law in this sale and purchase, the seller is obliged to deliver the goods even if he has to delay it temporarily. Delaying the delivery of goods is allowed if the person is in a difficult situation, then a time limit can be given according to the agreement.
THE ROLE OF FEMINIST JURISPRUDENCE IN LEGAL THOUGT Laila Muhammad Rasyid; Fanny Tasyifa Mahdy
JURISTA: Jurnal Hukum dan Keadilan Vol. 6 No. 2 (2022): 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: 10.1234/jurista.v6i2.19

Abstract

This research aims to study the feminist concept as an entity in the process of forming a view of law and justice. With a normative -sociological approach, where data is obtained from the study of legal texts, expert opinions, and various other sources related to this topic. The results of the study show that the birth of male dominance in the thought process of legal formation, because male groups have misunderstood or biased in constructing the concept of man. According to feminists, legal structures are created by men and reinforce male values. By stating that the male group is the norm. Conversely, women are deviations from the norm and this is hegemony in the concept and reinforcement of patriarchal law and power. Feminists challenge and dismantle the belief or myth that men and women are so different, that certain behaviours can be distinguished on the basis of gender differences. Gender according to feminists is socially created or moulded not biologically. Sex determines physical appearance, reproductive capacity, but does not determine psychological, moral or social traits. Feminist legal theory or Feminist jurisprudence is a legal philosophy based on gender equality in the political, economic and social field
CRIMINAL DEFAMATION IN FIQH JINAYAH Erha Saufan Hadana
JURISTA: Jurnal Hukum dan Keadilan Vol. 4 No. 1 (2020): 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: 10.1234/jurista.v4i1.20

Abstract

This paper specifically discusses the crime of defamation in the scope of fikih jinayah, this discussion was chosen because the act is considered an act that can damage a person's honour, so it needs to be criminalised in the context of fikih jinayah. This discussion is important to identify, map and develop the concept of thought in fikih jinayah regarding the criminal act of defamation. This study is based on literature data which is analysed descriptively. The results of the study show that defamation should be criminalised in jurisprudence, because it damages a person's honour, based on the obligation to protect honour (al-'irāḍ) which is included in the maqāṣid objectives of the sharī'ah and based on the interpretation of scholars regarding the expansion of the meaning of yarmūn in Surah an-Nūr verse 4.
TYPES OF EVIDENCE: A COMPARATIVE STUDY BETWEEN ISLAMIC LAW AND CIVIL PROCEDURE LAW Siti Saenah
JURISTA: Jurnal Hukum dan Keadilan Vol. 4 No. 1 (2020): 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: 10.1234/jurista.v4i1.21

Abstract

The writing of this article is to find answers to the main problems, namely how are the types of evidence in Islamic law and civil procedural law and how are the similarities and differences in evidence between Islamic law and civil procedural law. The results of the study, in Islamic law the types of evidence agreed upon by scholars are seven kinds, namely: confession, testimony, oath, nukul, qarinah, qasamah, and recognition of the judge. While in civil procedural law consists of five types, namely: written evidence, witnesses, confessions, suspicion, and oaths. This is because in Islamic law regarding oaths are classified into several types as evidence. The difference lies in the evidence, and the main evidence where in Islamic law is recognition. Whereas in civil procedural law is written evidence. This is because in ancient times people who were good at writing were very few so that this written evidence was not so popular, in Islamic shari'a too.
IMPLICATIONS OF POLICY CHANGES IN MURABAHA FINANCING REPAYMENT PATTERNS AT PT. BANK ACEH SHARI'AH Uswatun Hasanah; Yusriaina Yusuf
JURISTA: Jurnal Hukum dan Keadilan Vol. 4 No. 1 (2020): 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: 10.1234/jurista.v4i1.22

Abstract

This paper aims to find out how the repayment mechanism of murabahah financing in the forward period and after the policy change, and to find out if there is a risk caused by a decrease in margins for aceh shari'ah banks on previous financing and how Islamic law views on policy changes made by banks and customers who make changes to repayment patterns. From the results of further analysis, it shows that there are differences in the repayment mechanism of advanced period murabahah financing before and after the policy change Before the policy change, the advanced period repayment pattern used is that the bank only requires the customer to pay the remaining principal instalments plus administrative costs, while after the policy change, the advanced period repayment pattern used is that the bank will give a discount or discount to the customer. as well as according to the views of Islamic law on policy changes made by banks and customers who make changes to repayment patterns.

Page 2 of 17 | Total Record : 162

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