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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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PRICING MECHANISM OF PROCESSED WOOD IN VARIOUS QUALITY LEVELS AT THE COT KEUENG SETTLEMENT MILL FROM THE PERSPECTIVE OF AKAD AL-BA'I Riska
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.v2i1.43

Abstract

In conducting a sale and purchase transaction, there are certain terms and conditions to make the sale and purchase transaction valid, in the Al-Ba'i contract there is a price determination made by the seller and agreed by both parties, namely the seller and the buyer. In determining a balanced price, a price mechanism is needed so that the price set does not exceed the limit, and does not take a large amount of profit. Because, by setting a good selling price, it can retain buyers because price is one of the most important in marketing. This study examines the pricing mechanism of processed wood at the Cot Keueng refinery in various quality levels. This research uses descriptive analysis method with a qualitative approach, with data collection techniques by means of: 1) interview; 2) observation; 3) documentation; and 4) observation. The results showed that: first, the pricing mechanism that occurs in Cot Keung panglong has different pricing between one panglong and another. Second, pricing in the first panglong includes initial costs, production costs, and employee salary costs. While the second pricing mechanism is almost the same as the pricing in the first panglong, only in the second panglong it does not include employee salary costs. The pricing calculation pattern is based on the costs incurred during the production process, which includes the costs of the initial purchase price of wood, the products used, and the tools needed during the furniture working process. Third, the above pricing mechanism is permissible according to Islamic law, because Islamic law does not determine a specific mechanism in setting prices.
BLASPHEMY ACCORDING TO THE ITE LAW AND ISLAMIC LAW: AN EXAMINATION OF THE MIRZA ALFATH CASE, INDONESIA Khairani Khairani; Chairul Fahmi; Aiyyub Sabar
JURISTA: Jurnal Hukum dan Keadilan Vol. 2 No. 2 (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.v2i2.44

Abstract

This research is about a case of insulting Islam committed by Malikussaleh University Faculty of Law Lecturer, Lhokseumawe Mirza Alfath who insulted Islam via the Internet. Based on the clarification of Mirza Al-Fath's statement, a lecturer at Malikussaleh University in the Lhokseumawe Police Chief's Hall, the Lhokseumawe City Ulema Consultative Assembly (MPU) concluded that Mirza Al-Fath's statements in the text, based on the criteria of the Aceh MPU Fatwa Number 4 of 2007, were heretical. Therefore, the researcher sees the case as a phenomenon of blasphemy in Lhokseumawe City. The researcher tried to see the case from the legal perspective of the ITE Law and Islamic Law how the sanctions given to Mirza Al-Fath. The method used in this research is field research method through normative approach. Research is conducted on regulations and legal materials. The purpose of this research is to further examine the problems that occur and how sanctions are given and see the extent of the legal status of the ITE Law and Islamic Law. The results of this study found that the basic criteria for blasphemy by Mirza Al-Fath is the emergence of a sense of hatred or hostility of individuals and/or certain community groups based on ethnicity, religion, race, and intergroup (SARA). Consideration of the ITE Law in regulating sanctions for perpetrators of blasphemy through social networks can be requested if the perpetrator is insafaf. Blasphemy is regulated in Article 28 paragraph (2) of Law Number 11/2008 on Electronic Information and Transactions. While the criminal provisions are regulated in article 45 paragraph (2) of Law Number 11 of 2008 concerning Electronic Information and Transactions. Meanwhile, according to Islamic law that everyone who harasses the values of sharia must be punished with death or recantation. The sanction given by Malikussaleh University is honourable dismissal as a lecturer.
THE UTILISATION OF ZAKAT FOR AMBULANCE OPERATIONS: A CRITICAL STUDY OF THE ACEH BRANCH OF RUMAH ZAKAT Abdul Jalil Salam; Aulia Rivaldi
JURISTA: Jurnal Hukum dan Keadilan Vol. 2 No. 2 (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.v2i2.45

Abstract

Zakat distribution is one of the factors used as a benchmark for Muslims to choose an institution that is trusted in the management of zakat. The concern of Muslims that the existing funds reach or not to the rightful ones is often the cause of the lack of empowerment of existing amil institutions. There are three research questions in this study, namely first, how is the free ambulance financing system applied by the Aceh branch of Rumah Zakat. Second, how is the target of free ambulance services applied by Rumah Zakat Aceh branch, and third, how is the Islamic legal review of the utilization of zakat funds senif fī sabīlillāh for the operation of the free ambulance programme according to Yūsuf Qardāwī's perspective on Rumah Zakat Aceh branch. This research uses descriptive analysis research method, namely by discussing the problems that arise now to be analysed for solutions based on books and sources related to the title discussed and then looking for solutions, data collection is done using interviews and observations. The results showed that first, the financing for the free ambulance was borne by Rumah Zakat Aceh Branch through the utilisation of zakat funds for the benefit of the people whose portion was taken from Senif Fī Sabīlillāh. This is done to reduce the burden on people who need free ambulance assistance provided by Rumah Zakat. Second; The target of free ambulance services provided by Rumah Zakat Aceh branch is for all people in need, and Rumah Zakat serves people who need free ambulance services for 24 hours a week. Third, Islamic law allows the use of zakat funds for the free ambulance programme, because the free ambulance programme is also included in the programme to improve the benefit of the people. In this case, Yūsuf Qard̟āwī allows the use of zakat funds for public benefits.
DEBTOR COMMITMENT IN THE IMPLEMENTATION OF WAKALAH Muhammad Zulhilmi
JURISTA: Jurnal Hukum dan Keadilan Vol. 2 No. 2 (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.v2i2.46

Abstract

The purpose of this research is to find out how the wakalah contract at Bank Aceh Syariah Capem IAIN-Darussalam on the purchase of ma'qud alaih in murabahah financing is also to find out how the debtor's understanding of the wakalah contract on the delegation of the purchase of murabahah financing objects and to find out how the debtor's consistency in implementing the wakalah contract in purchasing murabahah financing objects. From the results of further analysis, it is known that the implementation of wakalah in purchasing ma'qud alaih murabahah financing at the applicable Sharia'ah Bank is in accordance with the provisions of Fiqh muamalah, fulfilling the pillars and conditions. However, the lack of understanding of the debtor and the lack of understanding of the debtor's consistency in the implementation of the wakalah contract causes the position of the ma'qud alaih to be confusing because the object in the wakalah contract is also the object in the murabaha contract.
AMENDMENT OF COPYRIGHT LAW FROM COMPLAINT OFFENCE TO ORDINARY OFFENCE IN REVIEW ACCORDING TO JARIMAH HUDUD Siti Mawar; Lena Marliani
JURISTA: Jurnal Hukum dan Keadilan Vol. 2 No. 2 (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.v2i2.47

Abstract

Changes in Copyright Law has existed, but the classification of copyright offences is still classified as a complaint offence. The amendment of copyright law No. 6 of 1982 with UUHC No. 7 of 1987 resulted in a change in the type of classification of copyright offences from complaint offences into ordinary offences. This study aims to explain the basis of the issuance of Act No. 7 of 1987 so that there is a change in the classification of offences changed from complaint offences into ordinary offences related to criminal law policy and to know and explain how the legal protection of copyright after the change in the classification of offences, as well as the view of Islamic law into jarimah ḥudud. Data analysis is done in the form of library research, namely by descriptive analysis method, which is a method of describing, describing things related to the problem written and researched. The results showed that the consideration of the issuance of UUHC No. 7 Year 1987 based on the dictum weighing that is because there are still many copyright infringements during the classified as a complaint offence. Changes in the type of classification of offences in the UUHC due to pressure from outside countries on the Indonesian government to change the provisions of the UUHC because the Act in force is perceived as unable to overcome the violations and copyright crimes that occur. While in Islamic criminal law the act of piracy may be subject to punishment. Piracy is classified into jarimah ḥudud with punishment in the form of cutting hands if it has reached the nisab. In theqiasan method, the punishment for piracy is equated with the punishment for theft (Sariqah). Whereas in positive law, the penalty is imprisonment for a maximum of five years or a fine of Rp.500,000.00 in accordance with Article 72 of Law No. 19 of 2002 concerning Copyright Protection.
ANALYSIS OF THE WORK SYSTEM OF CONTRACT PARAMEDICS AND CIVIL SERVANTS IN GAYO LUES RSUD IN TERMS OF IJARAH BI AL-'AMAL CONTRACT Juni Sakinah
JURISTA: Jurnal Hukum dan Keadilan Vol. 2 No. 2 (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.v2i2.48

Abstract

Providing good health service is the main priority that must be met by paramedics. It’s a form of responsibility for the work they are carrying out based on the contractual agreement they have agreed with the health institution in questian. in Islamic law, the contract of cooperation between paramedics and the relevant health care institution is a form of contractual agreement using the concept of the ijarah contract bi al-amal. The purpose of this study is to find out the work system of contract paramedics and civil servants in Gayo Lues Hospital as well as review of the ijarah bi al-‘amal contract towards the work system applied to contract paramedics and civil servants in the Gayo Lues Hospital. The type of research used in this study is a type of qualitative research that is descriptive analysis, which is a method that aims to draw a systematic, factual and accurate description of the facts, the nature and the relationship between the phenomena to be known. Data collection techniques in this study were carried out by observation, interview, and documentation data. The results of the study show that the work system implemented by the hospital management for paramedics does not result in disputes between one another. In the perspective of Islamic law, the work system applied by the hospital management to paramedics is in accordance with the theory of ijarah contract bi al-'amal and its implementation is in accordance with the pillars of the ijarah contract, which consists of 'aqid (tenants and leasing parties), ma 'qud'alaih (object of agreement or rent reward), benefits and sighat (ijab and qabul). However, in the payroll system there are differences between contract paramedics and civil servants, PNS paramedics the right to receiving salary is more certain than contract paramedics, this is contrary to the hadith of the Prophet who ordered to hasten payment of wages for workers.
MARRIAGE OF UNDERAGE COUPLES DUE TO KHALWAT ACCORDING TO ISLAMIC LAW: A CASE STUDY IN SOUTH ACEH REGENCY, INDONESIA Barmawi
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.v2i1.49

Abstract

The purpose of this paper is to find out what are the factors and considerations of traditional leaders in forcibly marrying off underage khalwat perpetrators, then how Islamic law reviews the forced marriage performed by village customary leaders to khalwat perpetrators and how and what is the status of underage marriage for khalwat perpetrators according to positive law. From the results of further analysis, the consideration of traditional leaders in marrying off underage khalwat perpetrators is due to the demands of the customary law factor itself and for reasons of preventing adultery and avoiding children born outside of marriage. The implementation of forced marriage carried out by traditional leaders against underage khalwat perpetrators is not in accordance with the concept of Islamic marriage. According to positive law, underage marriage is not justified, unless previously granted dispensation by the court and the consent of the family.
THE APPLICATION OF CRIMINAL SANCTIONS AGAINST RESTAURANT OWNERS WHO FACILITATE NON-FASTING MUSLIMS DURING RAMADHAN Teuku Murhaban
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.v2i1.50

Abstract

The purpose of this writing is to explain why the application is not effective. Criminal Sanctions against violators of qanun No.11 of 2002 concerning the implementation of Islamic Shari'a in the field of Worship, Article 10 paragraph (1) jo Article 22 paragraph (1). Based on the research results, it is known that the ineffective application of criminal sanctions in Article 10 paragraph (1) jo Article 22 paragraph (1) of qanun No. 11 of 2002 concerning the implementation of Islamic Shari'a is due to the limited members of Wilayatul al-Hisbah then the distance travelled by the security team during operations to patrol is not easy to reach because of the vast area of Aceh Besar district and the low human resources of Wilayatul al-Hisbah members and the community about the implementation of this qanun and there is no cooperation of all elements. From the explanation that has been listed above, it can be concluded that the application of criminal sanctions against violators of qanun No. 11 of 2002 concerning the implementation of Islamic Shari'a Article 10 paragraph (1) jo Article 22 paragraph (1) does not run effectively in Aceh Besar Jantho City.
EMPLOYEE WAGE SYSTEM AT THE LEGAL AID AGENCY BANDA ACEH IN REVIEW ACCORDING TO THE CONCEPT OF IJARAH BI AL-'AMAL M.Ulul Azmi
JURISTA: Jurnal Hukum dan Keadilan Vol. 1 No. 1 (2017): 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.v1i1.51

Abstract

This research is motivated by the existence of cooperation between employees and LBH Banda Aceh, where the employees carry out work to the Institute and the Institute is obliged to provide wages in accordance with the work that has been carried out. The issue to be researched is how the employee wage system at LBH Banda Aceh and how the practice of employee wage system at LBH Banda Aceh is reviewed according to the concept of ijarah bi al-'amal. The results of the research found that LBH Banda Aceh has not made a clear work contract, both in terms of the amount of wages and working time. Employees who work are considered the same as those who do not work by the institution, this will certainly harm one party where the other party only enjoys the work of other employees. If at any time there is a wage reduction, the institution does not provide a detailed explanation directly to the employee of the reason for the wage reduction, which results in a lack of transparency between the parties in the institution. As for the view of ijarah bi al-'amal, not everything is in accordance with ijarah bi al-'amal, especially in terms of contract clarity and wage distribution. Those who work and do not work are considered the same without any distinction so that it is not in accordance with the requirements of the object of wages, which must be in accordance with the level of work, as well as the requirement of ujrah which must be known in amount by both parties.
NON-GOLD FIDUCIARY COLLATERAL VALUE CALCULATION SYSTEM AT PT. PEGADAIAN SYARI'AH UNIT DARUSSALAM BANDA ACEH Muhammad Maulana; Riska Yulianti
JURISTA: Jurnal Hukum dan Keadilan Vol. 1 No. 1 (2017): 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.v1i1.52

Abstract

The amount of financing to 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. This study aims to determine how the feasibility assessment of non-gold fiduciary security objects accepted as collateral at PT Pegadaian Syari'ah Darussalam Unit, Banda Aceh? In this research, the author uses a type of qualitative research, this research uses descriptive analysis methods 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 Syari'ah 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 object of collateral, 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 there is also no clear information obtained, so that the parties can flexibly make their own guarantee value.

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