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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
 1   2   3   4   5 
EXCEPTION CLAUSES IN BOOK CONTRACTS REVIEWED ACCORDING TO CIVIL LAW AND THE CONCEPT OF IJARAH CONTRACTS: A CASE STUDY ON SPARTAN RENTAL CAR JAMBO TAPE BANDA ACEH Muhammad Jimmi
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.v4i1.23

Abstract

A standard contract is a contract that has been made in a standard form, or printed in large quantities with blanks for several parts that are the object of the transaction, such as the amount of transaction value, type, and amount of goods transacted, so that it does not open opportunities for other parties to negotiate what will be agreed to be stated in the contract. Based on the results of the research that Spartan Rental Car does not use standard clauses, but with so many service providers that a standard contract is made to facilitate rental activities and the standard contract that has been used there are clauses that burden service users and are prohibited by law called exclusion clauses. The current standard contract is used to take advantage of the owner of the capital and give disadvantages to service users. Overcoming the polemics of contract transactions like this, it is hoped that there will be legal rules that can provide fresh air to service users and business capital owners.
THE LEGAL STANDING OF ADAT INSTITUTIONS IN DISPUTE RESOLUTION IN ACEH COMMUNITY, INDONESIA Muslem
JURISTA: Jurnal Hukum dan Keadilan Vol. 4 No. 2 (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.v4i2.24

Abstract

The implementation of regional autonomy is carried out through regional regulations. Perda is the most important element for local government in order to fulfill the needs of the region. Particularly for the people of Aceh, one of the needs of the community is to carry out customary life and customs which are characteristic of Aceh's distinctiveness in addition to the implementation of Shari'ah Islam. For this reason, Aceh Qanun Number 9 of 2008 was born on the Development of Customs and Customs and Aceh Qanun Number 10 of 2008 concerning Customary Institutions. Acehnese people resolve disputes through Customary Courts which are preserved. Customary justice aims to resolve disputes according to customs and customs in the community itself, even to the implementation of sanctions for customary law. The purpose of customary justice is to solve problems between residents at the village level. However, decisions taken by adat do not have formal legal force. For example, if a husband and wife divorce in an adat court, according to customary law, the couple is officially divorced, but because the law itself does not have formal legal force, then another stage is needed to obtain formal legality. We now hear the term customary justice from MAA circles, and several NGOs that have programs for community empowerment. Whereas in the community itself who practice the mechanism of dispute resolution through customary justice institutions do not say to settle cases through customary justice. The community has its own terms such as pedame ureung (reconcile people), peumat jaroe, (bejabat tangan), meudame (make peace). Customary institutions in Aceh function as a vehicle for community participation in the administration of government, development, community development, and settlement of problems or social matters. The function of Indigenous life is also to carry out and streamline customs and customary law to foster community life.
RISK COVERAGE IN IMG RENTAL BANDA ACEH BETWEEN THE RENTAL CAR AND THE RENTER IN THE PERSPECTIVE OF IJARAH BI AL-MANFA'AH CONTRACT Teuku Muttaqin Mansur; Badri Hasan
JURISTA: Jurnal Hukum dan Keadilan Vol. 4 No. 2 (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.v4i2.25

Abstract

Risk coverage is the company's responsibility to customers if something unwanted happens, such as an accident that makes the rental object damaged. This research aims to find out how the legal relationship between the parties in the implementation of the car rental agreement that has been insured and how the rent car risk coverage according to the perspective of Islamic law (Ijarah bi al-Manfa'ah). This research uses the method of case studies, namely direct observation of the object under study simultaneously. The results of the study found that the coverage provided by the rent car to the renter has an element of gharar (fraud), where the renter is required to pay again when the rental object enters the insurance workshop, even though at the beginning of the agreement the renter has paid an insurance claim if one day an accident occurs that can damage the rental object. The rent car company argues that the reason why it is charged again is because the car cannot be operated when it enters the insurance workshop. In Islam, leasing of goods whose objects are benefits is included in the Ijarah bi al-Manfa'ah contract. The IMG rental company has not fulfilled the rules of lease coverage in accordance with Islamic law where there is speculation that requires the renter to pay two payments when the rental object is damaged and enters the insurance workshop.
THE ROLE OF THE GOVERNMENT IN INCREASING SALT PRODUCTION IN GAMPONG CEBREK PIDIE DISTRICT ACCORDING TO ISLAMIC LAW Armaya Halidasari; Arifin Abdullah
JURISTA: Jurnal Hukum dan Keadilan Vol. 4 No. 2 (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.v4i2.26

Abstract

Production is a tiered work that requires human earnestness, great sacrifice, and centralised power in a certain environment to realise material and spiritual usability. The purpose of this study is to see what obstacles salt farmers face and how the government's role in overcoming these obstacles, as well as how the Islamic economic perspective on the role of government in salt production activities. The role played by the government must be in line with the rules of sharia. The method used in this research is a qualitative method. The results of the study found that the obstacles faced by salt farmers in Cebrek village must be addressed immediately by the relevant agencies for the sake of smooth production and produce the best quality salt. The government involved in this salt production business is the Department of Marine Affairs and Fisheries. Based on the research results, so far the marine and fisheries service has not fully carried out the obligations that must be carried out to increase salt production in Gampong Cebrek. In the perspective of Islamic economics, the government, which has the power to regulate the people including in economic activities, must be able to hold firmly to the foundation of the Qur'an and Sunnah in carrying out its authority to be fair in accordance with the rules and norms that apply in the frame of Sharia.
COMPENSATION ON COPYRIGHT DUPLICATION IN PERSPECTIVE OF THE CONCEPT OF ḤAQ AL-IBTIKÂR: A STUDY ON PT ERLANGGA BANDA ACEH CITY Ova Uswatun Nadia; Chairul Fahmi
JURISTA: Jurnal Hukum dan Keadilan Vol. 4 No. 2 (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.v4i2.27

Abstract

Haq al-ibtikâr as the right to copyrighted works, in shar'i should be protected as intellectual property for the copyright holder. This study aims to determine how the legal efforts made by Erlangga Publishers Banda Aceh City against illegal duplication of books, and how the form of compensation made by Erlangga Publishers Banda Aceh City, as well as a review of the concept of haq al-ibtikâr against compensation on copyright duplication in Erlannga publishers Banda Aceh City. The type of research used is descriptive, data collection is done by library research and field research, data collection techniques by interview and observation. The results obtained that the management of PT Erlangga Banda Aceh City has been maximally to reduce and eliminate various forms of piracy and duplication of its copyright by way of socialisation to the public about the urgency of copyright and evaluation and investigation into various bookstores in Banda Aceh City. Follow-up on duplication is done in the form of a subpoena as a strong warning against copyright infringement by certain parties. Other legal actions in the form of compensation and criminal can not be done optimally because of the limitations of legal remedies that can be done, while in the central management of PT Erlangga efforts to compensate in the form of financial compensation has been done. In the concept of Islam haq al-ibtikâr becomes one of the sources of wealth for the owner and shar'i every wealth is protected from all forms of arbitrariness, so that the owner can bertasharruf according to his wishes.
THE NATURE OF HONEY AS A COMMODITY SUBJECT TO ZAKAAH: AN ONTOLOGICAL STUDY OF HONEY'S SIMILARITY TO WHEAT AND MILK Jabar Sabil; Wiwin Guslianita
JURISTA: Jurnal Hukum dan Keadilan Vol. 4 No. 2 (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.v4i2.28

Abstract

Zakat is an obligation for Muslims which has been stipulated in the Qur'an, and Sunnah. However, the scholars differed in determining the types of assets that must be issued zakat, one of which was honey. Seeing the developments in the contemporary century, honey is not only produced naturally and individually, and even becomes a commodity of trade, in this study the problem being studied is how the opinion of the school of scholars on alms and how the essence of honey is a zakat. The type of research used is interdisciplinary qualitative research with a conceptual approach based on secondary data (literature). The result of the research is that the zakat of honey according to Imam al-Shāfi‘ī has the law that the first two opinions (in qaul qadim) must be issued zakat because it is based on the opinion that has been narrated by the Bani Syababah who issued their zakat in the amount of 10% (ten percent). The second (in his qaul jadid) argues that honey is not obligatory for zakat, because honey is not a staple food, and it is not mandatory for honey to be issued one tenth as milk. According to Imam Abū Ḫanīfah, honey is obliged to be paid zakat. Abū Ḫanīfah is of the opinion that the charity of honey is analogous to the yield of plants and fruits, because every income derived from the earth is considered equal to income derived from bees, because honey is formed from the essence of plants and flowers the flowers that are continuously stockpiled must be paid zakat. Honey can be used as agricultural zakat and trade zakat (tijarah). Agricultural zakat equates honey with wheat because it is sourced from plants. Trade zakat (tijarah) is based on honey which is specially bred and sold (traded).
NON-GOLD FIDUCIARY SECURITY VALUE CALCULATION SYSTEM BASED ON THE RAHN CONTRACT: A STUDY ON PT. PEGADAIAN SYARI'AH UNIT DARUSSALAM Riska Yulianti; Muhammad Syuib
JURISTA: Jurnal Hukum dan Keadilan Vol. 3 No. 2 (2019): 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.v3i2.29

Abstract

The amount of financing that will be provided by the pawnshop is determined by the value of the collateral submitted by the customer to the management of PT Pegadaian Syari'ah. The debtor customer must meet the standardisation of the collateral object that applies to PT Pegadaian Syari'ah and must identify the value of the collateral object through the process of estimating the price of the collateral object submitted by the debtor customer. So the focus of the problem as the object of study in this research on the guarantee system, especially regarding the guarantee valuation system provided by debtor customers in the form of goods other than gold, usually in the form of vehicles, both cars and motorbikes. The research questions in this thesis are how is the assessment of the feasibility of non-gold fiduciary security objects accepted as collateral at PT Pegadaian Syari'ah Darussalam Unit? how is the standardisation of the price of non-gold fiduciary collateral value set by PT Pegadaian Syari'ah Darussalam Unit? and how does the value of non-gold fiduciary security objects affect the financing provided by PT Pegadaian Syari'ah Darussalam Unit?. In this thesis research, the author uses qualitative research type, this research uses descriptive analysis method based on library research and field research data. The results of the research found that in calculating the value of non-gold fiduciary collateral at PT Pegadaian Syari'ah Darussalam Unit is guided by the local market price provisions issued regularly by the head office. While the assessment of the feasibility of the non-gold fiduciary guarantee object received as collateral at PT Pegadaian Syari'ah Darussalam Unit is determined by directly seeing the feasibility of the guarantee object by PT Pegadaian Syariah to the customer, and also evaluating the real conditions of the feasibility assessment of the object as collateral for Arrum financing. The estimated value of the goods is determined based on the percentage of the price of the goods, which is guided by the Local Market Price and which is sourced in several places such as agents and online sites. Things that affect the value of the collateral object, namely the object and business, both of which must be balanced, the year of expiration of the motorbike and the physical condition of an object. In the concept of fiqh muamalah, there are no specific provisions regarding the calculation of the value of collateral in this rahn contract. And in some pawn hadiths, clear information is also not obtained, so that the parties can flexibly make their own guarantee value.
ISLAMIC LAW REVIEW ON BUYING AND SELLING SNAKES AS TERTIARY NEEDS Husni A.Jalil; Riko Alkausar
JURISTA: Jurnal Hukum dan Keadilan Vol. 3 No. 2 (2019): 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.v3i2.30

Abstract

The process of buying and selling in social relations between several individuals requires the existence of contracts and procedures to fulfil the provisions of the validity of the sale and purchase. One of the forms of buying and selling carried out by the general public is the buying and selling of snakes, which must fulfil the criteria and classification of buying and selling in the review of Islamic economic law. The hobby or pleasure of keeping snakes as a tertiary need in order to get reciprocal psychological pleasure for the Wildlife Lovers Community and society in general, but this often causes irregularities and gaps for both the snake keeper and the snake, In this study, the focus of research is on how the procedure of buying and selling snakes in Petshop Banda Aceh, how the fiqh muamalah review of buying and selling snakes in petshop Banda Aceh, how the sadduz zhariah review of the hobby and or maintenance of snakes as tertiary needs or Al-Taḥsīnīyyah. The research method used is descriptive analysis and data collection is done by library research and field research, with data collection techniques by interview and documentation. Based on the analysis that has been done, the snake trading transaction procedure has not met the criteria of a muamalah contract, the fiqh muamalah review of snake trading is not in accordance with the legal classification of buying and selling contained in syarak law, according to the Sadduz zhariah review of snake maintenance as a tertiary need or Al-Taḥsīnīyyah should not be done because it can cause greater mafsadat than maslahat, so that the legal consequences contained in the sadduz zhariah method become fasid or void for snake maintenance in the Wildlife Lovers Community and society in general.
ANALYSIS OF PAMSIMAS REVENUE FROM CLEAN WATER MANAGEMENT IN THE PERSPECTIVE OF MILK AD-DAULAH: : A Study in Abdya District, Indonesia Faisal Fauzan; Ariq Azzaki
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.v6i2.31

Abstract

Gampong Padang Sikabu is one of the villages in Kuala Batee Sub-district, Southwest Aceh District that received the Pamsimas programme in 2017. Before the Pamsimas programme was built, the community used a spring water source that had to be taken to the foot of the mountain. The water quality was very clean, but the community had to collect it at the foot of the mountain and carry it home. After Pamsimas was built, the community can have water without having to fetch it at the foot of the mountain. However, the community also has to pay monthly fees to KPSPAMS members for the use of water from Pamsimas, from which Pamsimas bases its income and shares the proceeds with the gampong. To get the results of this study the author uses qualitative methods, this type of research is field research. The data collection techniques are observation, interview and documentation. The result of the research is that the clean water management system by Pamsimas and as well as the income obtained from the procurement of Pamsimas in Padang Sikabu Village is carried out with a deliberation system from all village traps, as well as the Milk Ad-Daulah concept of village water used for Pamsimas is also carried out by deliberation from all village traps, starting from the decree issued by the Keuchik, to the regulations that must be carried out together with the entire community, such as the rules for collecting bills and the time of collection. As for the practice / Results of Pamsimas Revenue from Clean Water Management by Padang Sikabu Village in the Perspective of Milk Ad-Daulah, it is carried out with several principles that are practiced, such as the principles of trust and trustworthiness, the principle of sharing profits from the Pamsimas business is also practiced and the principle of prudence in the management of Pamsimas is also practiced. While the opportunities and constraints of Pamsimas in profit sharing with Padang Sikabu Village include the support and trust of the village government, as well as the support and cooperation of the Padang Sikabu Village community.
SUPERVISION SYSTEM ON THE EXISTENCE OF ILLEGAL TRANSPORT CARS IN BANDA ACEH: A Study of Al- Hisbah Perspective Shafira Melinda; Faisal
JURISTA: Jurnal Hukum dan Keadilan Vol. 3 No. 2 (2019): 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.v3i2.32

Abstract

The City of Banda Aceh as the capital of Aceh Province which is the center of government, center of religious tourism, education and trade center has caused the level of traffic congestion in the Serambi Mecca area to be high enough to encourage people to use public transportation services as a means of transportation. This study uses a qualitative method with a socio-juridical approach and is descriptive analysis in nature. Primary data collection was obtained in the field while secondary data was obtained from library research. The results of the research show that the enforcement has been carried out by the Department of Transportation in several predetermined locations. Law enforcement at the transportation agency against illegal public transport has carried out direct supervision from the Department of Transportation in collaboration with related parties, actions taken by the transportation agency have also been adjusted to the law or established rules, this authority is given to the police in the form of cooperation conducted with the Department of Transportation. The duties of the Department of Transportation as part of the Al-Hisbah system whose duty is to supervise, coach and submit case files to investigators can also be seen from the actions taken, even though at this time the review conducted found that the L300 Batoh terminal was free from illegal public transportation.

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