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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 WAGE SYSTEM FOR BILI DROE BAG WEAVING CRAFTSMEN IN THE PERSPECTIVE OF IJARAH 'ALA AL-AMAL CONTRACT Zakia Auliani
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.v3i2.33

Abstract

Usually, the determination of wages in each business is different, it depends on the policies applied by the business owner, such as the determination of wages in bili droe bag woven craftsmen in Gampong Lampanah Tunong, namely wages paid after the woven products are sold. The purpose of this research is to find out How the wage determination system on bili droe bag woven craftsmen, How the influence of wages on the effectiveness of the work of the bili droe bag woven craftsmen, And How the wage practices of bili droe bag woven craftsmen in Gampong Lampanah Tunong Indrapuri District Aceh Besar Regency are reviewed according to the perspective of the Ijarah 'Ala Al-Amal contract. In this study the authors used qualitative research methods and used an empirical normative approach. The results showed that the wage system applied to the woven bili droe bag business in Lampanah Tunong Gampong, Indrapuri District is a wage given after the woven product is sold, where there is no clear time provision when the product is sold. The wages carried out in this business also do not use a contract that binds it, but as if an agreement (contract) has occurred. ). The wage system applied is not in accordance with the perspective of the ijarah 'ala al-amal contract, where in practice the Shighat contract is not clear. In a contract if it does not fulfil the conditions for the validity of the contract, then the contract becomes fasid (void).
RISK COVERAGE FINES FOR MURABAHA FINANCING AT PT. FEDERAL INTERNATIONAL FINANCE BANDA ACEH BRANCH Safira Mustaqilla; Miftahul Jannah; Shabarullah
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.v3i2.34

Abstract

This article aims to examine the concept of fines on credit financing using the Murabahan contract at PT Federal International Finance Banda Aceh Branch, Indonesia. The research approach used is conceptual and legislative approach, the type of research used is normative juridical. The results showed that the basis for determining the penalty imposed by PT FIF based on fatwa NO.17/DSN-MUI/IX/2000 is because the debtor is able to make payments but delays payment, this aims to deter the debtor in default. Then from its practice in taking profits it does not use interest but PT FIF tells the amount of profit margin obtained by PT FIF as the financing party, the amount of margin in this case has certainly been agreed by both parties in the agreement, but the fine at PT FIF has been applied at the beginning of the contract which makes the fine haram because it does not meet the requirements of the scholars' opinions in Fiqh Muamalah that fines cannot be required at the beginning of the contract.
THE APPLICATION OF THE WAKALAH CONTRACT IN THE SALE AND PURCHASE OF LAND IN ACCORDANCE WITH ISLAMIC LAW: A STUDY IN TIRO SUB-DISTRICT, PIDIE DISTRICT, INDONESIA Jamhuri Ungel; Tina Ramadhana
JURISTA: Jurnal Hukum dan Keadilan Vol. 3 No. 1 (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.v3i1.35

Abstract

Wakalah refers to the delegation of authority or power to another individual to execute a task in accordance with the power or authority granted by the grantor of the power of attorney. In addition to financing transactions involving the purchase and sale of real estate, wakalah is also a prevalent practise in the banking industry. Wakalah is a permissible practise in Islamic commerce for purchasing and selling due to its incorporation of the principle of mutual assistance. Furthermore, it is advisable for representations in purchasing and selling transactions to adhere to the principles outlined in the Al-Quran and Hadith, as recommended by Islam. The representative may receive compensation in the same way that he must abide by the muwakkil's directives when performing his duties. The muwakkil must be informed of any profits or gains that the representative may appropriate in accordance with the compensation stipulated in the agreement. Nevertheless, the land transaction in Lhok Igeuh village involved a wakalah in which a representative sold land without the muwakkil's knowledge at a price higher than the price set by the muwakkil. This study is informed by two inquiries: To begin with, what is the customary procedure for land purchase and sale involving representation or wakalah within the Lhok Igeuh village community? Furthermore, in the village of Lhok Igeuh, how does Islamic law perceive the application of wakalah in the purchase and sale of land? The findings of the study indicate that the implementation of wakalah/representation in Lhok Igeuh village contradicts Islamic law regarding representation. Specifically, the practise of representation by a representative exploits the sale of non-proprietary land; only the seller who sells his own property in its entirety is permitted to profit, not a representative or proxy. Representatives may only be remunerated commensurately. The wakalah practise of purchasing and selling land in the village of Lhok Igeuh, as prescribed by Islamic law, encompasses aspects of inequity and embodies the principles of deceit and reliability in the execution of representative responsibilities.
THE PRACTICE OF DIRECT ZAKAT DISTRIBUTION: A Case Study on Gold Mining in Sawang District, South Aceh Regency Erni Yusfa
JURISTA: Jurnal Hukum dan Keadilan Vol. 3 No. 1 (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.v3i1.36

Abstract

Zakat is a mandatory tax imposed on all forms of property that have entered the nishab, including sought-after assets and treasures. Zakat is due on sought-after treasures, including gold mines, subsequent to their refining and dissolving processes. Islam advises unequivocally that an authorised zakat amil institution oversee the calculation and distribution of zakat, so that its utilisation adheres to the tenets of Islamic law. Zakat muzakki engaged in gold mining within the Sawang District of South Aceh Regency autonomously compute and allocate their zakat in accordance with their personal convictions. In-person distribution is extended to family members, neighbours, and relatives. Therefore, it is highly regrettable when the allocation of zakat fails to reach the intended recipients. The findings of the study indicate that the gold mine zakat muzakki residing in Sawang District, South Aceh Regency personally allocate their zakat to their families, relatives, and neighbours in a manner consistent with their cultural beliefs and the customs prevalent in their vicinity. Due to their lack of confidence in the zakat amil institutions in their region, the muzakki are uninformed about and do not completely comprehend the zakat provisions. Zakat distribution in a direct manner is not impermissible under Islamic law, provided that no argument exists to the contrary. Zakat beneficiaries are solely obligated to adhere strictly to the guidelines outlined in Surah At-Taubah verse 60 with respect to the eight ashnaf of zakat recipients. Fiqh scholars place significant emphasis on the fact that zakat amil institutions oversee the administration and distribution of zakat, in accordance with the principles and practises of zakat distribution that characterised the era of the Prophet Muhammad and his companions.
THE PROVISION OF WAGES TO LAUNDRY LABOURERS SEEN FROM THE CONCEPT OF IJARAH BIL 'AMAL CONTRACT Soraya Devy; Nila Vonna Rahmi
JURISTA: Jurnal Hukum dan Keadilan Vol. 3 No. 1 (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.v3i1.37

Abstract

Wages represent the entitlements of labourers that are procured and represented monetarily by the employer as just and suitable compensation. Wage disbursement is regulated and executed in accordance with a labour contract or agreement. The concept of ijarah bil 'amal, which pertains to the utilisation of an individual's labour in exchange for compensation for completed work, encompasses remuneration. The practise in Gampong Ulee Lueng Aceh of compensating labourers for laundering and ironing garments A situation in which the employee is required to bathe at the employer's residence without spending the night in exchange for the agreed-upon wage constitutes a besar. Wage determination is subject to variation contingent upon the location of employment. Nonetheless, some employees are assigned additional work without receiving additional compensation while they are at work. The purpose of this study is to determine how Islamic law evaluates the wage practises of ironing and washing labourers in Gampong Ulee Lueng. The findings of an investigation concerning the remuneration of garment laundering and ironing labourers in Gampong Ulee Lueng indicate that the prevailing method of compensating these individuals does not align with the principle of ijarah bil 'amal. Certain employees engaged in the linen and pressing industry perceive the remuneration as inequitable. According to the initial agreement, employees who engage in laundry and ironing duties are obligated to do so solely for the agreed-upon wage. In the future, however, the employees receive additional work without receiving additional compensation or similar benefits. Despite the fact that wages in Islam are dictated by the principles of equity and justice, this entails that one must be remunerated commensurate with the effort expended for each task accomplished, regardless of its magnitude. It is necessary for the obligations performed in conjunction with the rights acquired to be equitable in nature, ensuring that no party experiences disadvantage or injustice.
ANALYSIS OF THE DIFFERENCE IN WAGES FOR RICE CUTTING BETWEEN MEN AND WOMEN FROM THE PERSPECTIVE OF UJRAH BI AL-'AMAL Badrul Munir; Nurmakrufiana
JURISTA: Jurnal Hukum dan Keadilan Vol. 3 No. 1 (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.v3i1.38

Abstract

Wages represent rewards or services. In addition to being a form of muamalah, wages are something that many individuals do to earn a livelihood. In addition to purchasing and selling transactions, cooperative transactions also involve wages, as in the case of cooperation between rice field owners and workers. The author of this study refers to the remuneration for paddy cutting services (cooperation wages) in the village of Teureubeuh, located in Jantho, Aceh Besar. In other words, the communities of Teureubeuh village, Jantho, Aceh Besar, continue to use the practise of wages, which dates back to antiquity and provides labourers with remuneration for the services rendered. Conversely, a wage disparity emerged between male and female labourers in Teureubeuh village, Jantho Aceh Besar, with the former receiving a higher remuneration for paddy cutting. The present study investigates three inquiries: To begin with, what wage payment system is in place for rice cutting between males and women in Gampong Teureubeuh, Jantho, Aceh Besar? Furthermore, what are the determinants influencing wage distribution between males and females in Gampong Teureubeuh, Jantho, Aceh Besar? Furthermore, from an ujrah bi al-'amal standpoint, what is the significance of the wage disparity in paddy cutting between male and female labourers? Based on the conducted research, it can be inferred that the wage disparity in rice cutting between male and female labourers, as assessed through the lens of ujrah bi al-amal, is permissible under Islamic law. This is supported by the observation that male labourers operate at a faster pace than their female counterparts and employ a more robust and rapid grip when slicing rice, in contrast to the slower pace of rice cutting by female labourers.
ANALYSIS OF ISLAMIC LAW ON THE PRACTICE OF MULTIPLE CONTRACTS ON PAWNED RICE FIELDS Nadiatul Husna
JURISTA: Jurnal Hukum dan Keadilan Vol. 3 No. 1 (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.v3i1.39

Abstract

Pawn is one of the shortcuts for someone to meet their needs. Likewise, the pawn practice that occurs in Gampong Blang Mane Dua Meunasah, the pawned rice fields will generally be cultivated by the murtahin by renting the rice fields, some are divided by two or one third with a profit-sharing system that is classified as a mukhabarah contract. So in this case it is very apparent that there is the implementation of multiple contracts (rahn and mukha>barah). This research contains the formulation of the first problem, how is the practice of multi-contract in pawning rice fields that occurs in Gampong Blang Mane Dua Meunasah District Simpang Mamplam Bireuen Regency. Second, how is the law of multi-contract practice on pawn of paddy fields in Gampong Blang Mane Dua Meunasah District Simpang Mamplam Bireuen Regency according to Islamic law. The type of research used is field research and uses a qualitative approach with data collection techniques through observation, interviews, and documentation. The results showed that the pawn practice that occurred in Gampong Blang Mane Dua Meunasah, Simpang Mamplam Subdistrict, Bireuen Regency contained multiple contracts, namely rahn and mukha>barah. This happened because the ra>hin pawned his rice field to the murtahin as debt collateral. The ra>hin and murtahin collaborate to manage the rice fields, the ra>hin manages while the murtahin provides capital, the harvest from the pawned rice fields is divided by 1/3 for the murtahin, and 2/3 for the ra>hin. From the explanation above, it can be concluded that the practice of multi-contract on pawned rice fields that occurs in Gampong Blang Mane Dua Meunasah District Simpang Mamplam Bireuen Regency according to the perspective of Islamic law is valid, because the practice of multi-contract does not lead to things that are forbidden, such as usury, gharar, fraud and so on.
MOTORBIKE PURCHASE AT PT FIF SYARIAH BANDA ACEH BASED ON LOCAL ACT 11 OF 2018 CONCERNING ISLAMIC FINANCIAL LAW Muhammad Kalkausar
JURISTA: Jurnal Hukum dan Keadilan Vol. 2 No. 1 (2018): 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.v2i1.40

Abstract

The Ba'i Murabahah agreement is one of the transaction contracts in buying and selling which is carried out in the form of accounts payable as an example in financing. PT FIF Syariah Banda Aceh branch is one of the non-bank financial institutions that provides financing services to the community specifically on AHM products. Qanun No. 11 of 2018 concerning Sharia Financial Institutions is one of the regulations that determine how practices in muamalah transactions are in accordance with Islamic principles. This study aims to examine how the application of the dictums of the non-cash motorbike purchase financing agreement at PT FIF Syariah, Banda Aceh branch after the implementation of Qanun LKS No. 11 of 2018? And how is the review of the Ba'i Murabahah contract on the clauses and dictums of the motorbike purchase financing agreement at PT FIF Syariah, Banda Aceh branch after the implementation of Qanun LKS No. 11 of 2018? This research uses qualitative research methods with a normative juridical approach, data collection techniques in the form of contract documentation. . The research results of the analysis of the financing agreement contract at PT FIF Syariah, Banda Aceh branch that have been carried out show that the application of the dictum of the agreement that has been applied is in accordance with the provisions contained in the Qanun LKS, in its application the management of PT FIF Syariah prioritises the agreement of the consumer before continuing the contract. The clauses and dictums of the agreement that have been contained in the agreement contract at PT FIF Syariah, Banda Aceh branch have also fulfilled the legal conditions of sale and purchase in the form of a ba'i murabahah contract, including legal subjects, clear object descriptions, price transparency and profit margin acquisition, costs, determination of fines and authorisation of fiduciary guarantees.
ANALYSIS OF THE EXISTENCE OF ELEMENTS OF GHARAR AND TADLIS IN MEMBER CARD OPERATIONS IN BUYING AND SELLING Putroe Salsabila Mauza
JURISTA: Jurnal Hukum dan Keadilan Vol. 2 No. 1 (2018): 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.v2i1.41

Abstract

Rabbani Banda Aceh branch is one of the companies engaged in fashion that implements a membership shopping system or member card. In its implementation, consumers who want to become members are required to pay an initial registration fee and must also pay for the extension of the member card when the period has expired. This kind of transaction will be very vulnerable to elements that are prohibited in muamalah. The purpose of this study is to determine how the operations and workings of the member card Rabbani Banda Aceh and also the validity of the Rabbani member card operations in terms of the existence of elements of gharar and tadlīs. The research method used is descriptive analysis, data obtained from interviews, documentation and literature studies. From the results of the study it was found that the operational practice of member cards, participants must pay a registration fee of Rp.50,000 for global members and Rp.10,000 for student members and will get a 10% discount on every purchase valid for one year. Members must pay Rp.25,000 to extend their card. In terms of the elements of gharar and tadlīs, the practice of using member cards at Rabbani does not contain the element of tadlīs, but there is an element of gharar in additional fees when extending member cards. The element of gharar in the implementation of member cards at Rabbani Banda Aceh occurs in the limitation of student member discounts which are only discounted on headscarves and also the lack of clarity of discount information outside members which is not known by consumers of member cards so that members cannot take advantage of their members.
THE ROLE OF COURTS IN RESOLVING CASES OF BANKRUPTCY OF ISLAMIC BANK CUSTOMERS Sri Wahyuni; Fahmi, Chairul; Sholihin, Riadhus; Rasyid, Laila Muhammad
JURISTA: Jurnal Hukum dan Keadilan Vol. 7 No. 1 (2023): 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.v7i1.42

Abstract

This paper aims to analyses the dualism of authority in resolving disputes over bankruptcy cases in Islamic banking. On the one hand, the authority is given to the judiciary of the commercial court, on the other hand, there are rules that the settlement of economic disputes in Islamic banking is resolved by the religious court. This research was conducted with a normative legal approach, where the main data was obtained from the study of legislation, doctrine and legal theories on the authority of the court, as well as secondary data from studies conducted by previous researchers related to the topic of this article. The results show that the authority to resolve disputes over bankruptcy cases of Islamic banking customers is the authority of the Religious Court as stipulated in the Religious Court Law. However, the KPKPU Act also states that the authority is also given to the Commercial Court. Judging from the theory of authority, the dualism of these rules creates legal uncertainty because the KPKPU Law and the PA Law vest the authority to resolve bankruptcy disputes in two different judicial bodies. The provisions of the KPKPU Law and the PA Law are incoherent and incompatible with each other, resulting in legal uncertainty in the resolution of commercial disputes in Islamic banking in Indonesia.

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