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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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PROFIT SHARING MECHANISM IN PRULINK SYARIAH INVESTOR ACCOUNT PRODUCT IN THE PERSPECTIVE OF MUDHARABAH MUSYTARAKAH CONTRACT Eva Mufdalifa
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.v1i1.53

Abstract

PRUlink Syariah Investor Account is one of the products launched by PT Prudential Insurance, which is a sharia insurance product with a single contribution combined between investment and insurance protection. PRUlink syari'ah is here to provide choices for the community in preparing for the future of his life and family. PRUlink syari'ah gives participants the option to choose what type of investment they want with each risk they have. Profit sharing of investment results is developed with a mudharabah musytarakah system. The insurance participants are the owners of capital (shahibul mal) and the sharia insurance company functions as a trustee (mudharib). The profit obtained from the development and it is divided between the participants and the company in accordance with the agreed provisions. This study aims to determine whether the application of mudharabah musytarakah at PT Prudential Insurance Sigli branch is in accordance with the principles contained in Islamic shariah. The results of this study are the application of the mudharabah musytarakah contract at PT Prudential Insurance Sigli branch is in accordance with the principles contained in Islamic shari'ah, the profits obtained will be put into the participant's pool of funds and then deducted by insurance costs. If there is an excess of funds remaining, it will be divided according to the principles of mudharabah musytarakah contract 70% of the profit for participants and 30% for the company. Profit sharing that is not in accordance with Islamic sharia principles is void.
DOMESTIC VIOLENCE: A COMPARATIVE ANALYSIS BETWEEN ISLAMIC LAW AND LAW NO. 23/2004 ON THE ELIMINATION OF DOMESTIC VIOLENCE Sri Agustina
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.v1i1.54

Abstract

This paper aims to find out how the forms of domestic violence according to Islamic Law and Law Number 23 of 2004 concerning PKDRT, as well as legal protection efforts against perpetrators of domestic violence. Based on the results of the study in Islamic Law, it explains that in any form of reason violence is not justified. Because there is no evidence that allows being rough and hard on the wife. The forms of domestic violence according to Islamic law include physical violence, physical violence, sexual violence and economic violence. Meanwhile, Law Number 23 of 2004 states that forms of domestic violence are physical violence, psychological violence, sexual violence, and domestic neglect. Legal protection efforts in Islamic law are by sending a third party, either a guardian from both husband and wife parties, or ahkam chosen by both families as a peacemaker. Meanwhile, Law Number 23 Year 2004 is to provide legal protection and security to the victim.
ADVOCATE HONORARIUM IN AN IJĀRAH BIL ‛AMĀL CONTRACT: Research Study at Law Firm Banda Aceh Mufadhal
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.v1i1.55

Abstract

In this modern era, advocates are needed as legal advisors or legal services for the public or clients dealing with existential problems. This research wants to know the mechanism for determining honorarium for advocates at law firms in Banda Aceh? The research method in this study uses a qualitative approach with the type of field research. The results showed that: First, the mechanism for determining the same honorarium for advocates in each advocate office that the author has researched such as an agreement in the form of cash at the beginning or a contract system, gradual payment, there is also a payment paid by a percentage system according to what agreement will be applied by both parties. Second, the advocate profession itself in fiqh muamalah is included in ijārah bil ‛amāl because it provides services in the form of legal services and service users provide payment in return and must be in accordance with the agreement of both parties whether written or not. based on the description above, it can be concluded that the mechanism for providing honoraria and the review of the ijārah bil ‛amāl contract on the mechanism for determining advocate honoraria in several advocate offices in Banda Aceh that the author has researched is in accordance with the value of wages in the ijārah bil ‛amāl contract.
ANALYSIS OF THE COLLATERAL AUCTION SYSTEM AT BANK ACEH SYARIAH IN THE PERSPECTIVE OF FIQH MUAMALAH Zein, Indah Sari
JURISTA: Jurnal Hukum dan Keadilan Vol. 1 No. 2 (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: 10.22373/jurista.v1i2.56

Abstract

  PT Bank Aceh Syariah must be accommodating or able to act as a mediator and be able to collaborate with various companies related to the community's economy. One of the new business fields offered by PT. Bank Aceh Syariah and which is quite popular with the public is Arrum BPKB, namely loans (credit) for a certain period of time using a fiduciary credit guarantee structure. PT. Bank Aceh Syariah as a distributor of credit funds to the community does not always run well, there are times when debtors do not fulfill their obligations according to the agreed time (default). First, what is the collateral customer system at Bank Aceh Syariah? secondly, how is the price mechanism determined for collateral customers at Bank Aceh Syariah Banda Aceh? Third, what is the validity of providing customers with collateral at Bank Aceh Syariah from the perspective of muamalah fiqh? The research method uses descriptive analysis using primary data in the form of direct interviews at the relevant agencies (field research) using interview and observation techniques as well as library research (library research). The research results show that auctions at Bank Aceh Syariah are carried out formally, namely at the auction hall or the State Property and Auction Service Office (KPKNL). The bank will auction off the collateral as much as the collateral that the bad customer can no longer afford. Auctions in muamalah fiqh are also called muzayadah and their implementation is almost the same as auctions held at KPKNL. Auctions are a form of buying and selling, but there are general differences. Buying and selling has the right to choose, while auctions do not have the right to choose, and the implementation is carried out specifically in public. Buying and selling using the auction model (muzayadah) in Islamic law is permissible.
THE VALIDITY OF UNILATERAL CANCELLATION BY THE CUSTOMER IN SHOPEE CASH ON DELIVERY TRANSACTIONS ACCORDING TO ISLAMIC ECONOMIC LAW Fadhlurrahman, Raihan
JURISTA: Jurnal Hukum dan Keadilan Vol. 1 No. 2 (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: 10.22373/jurista.v1i2.59

Abstract

Basically, the cancellation system on Shopee is designed to protect the interests of buyers and sellers and ensure that transactions on Shopee run smoothly. In practice, problems often occur, namely unilateral cancellation by the buyer. Buyers often refuse payment for orders that should be made via courier. Cases like this certainly make business actors feel disadvantaged because buyers cannot fulfill the agreements that have been made since the beginning of the order. In a transaction, the consumer unilaterally cancels the goods the seller has ordered. In this context, the customer has committed a default. The aim of this research is to determine the causes of unilateral cancellations by Shopee consumers in Cash On Delivery transactions, as well as to analyze the insights of Muamalah Fiqh regarding the unilateral cancellation mechanism by Shopee consumers in Cash On Delivery transactions from the Khiyār 'aib perspective. The type of research that researchers used in this research is descriptive analysis. The data sources used are primary data sources, namely Shopee customers (buyers) and Shopee sellers (sellers), then secondary data sources, namely the Shopee application, previous theses, and other supporting books. The data collection techniques used were interviews and documentation. The results of this research show that there are 5 reasons for unilateral cancellation, namely changes in personal thoughts, financial limitations, ordering errors, lack of understanding of the COD payment system, and late delivery. Then, in Fiqh Muamalah's observations, Khiyār 'aib's view in COD transactions at Shopee refers to the possibility of rejecting the transaction or refusing to accept the goods after seeing the condition of the goods received. If buyers want to use Khiyār 'aib in COD transactions on Shopee, they must immediately contact Shopee or follow the goods return procedures established by Shopee.
EXECUTION OF CONFISCATION OF FIDUCIARY SECURITY OBJECTS DUE TO CUSTOMERS UNABLE TO PAY INSTALMENTS Nur Nafisah
JURISTA: Jurnal Hukum dan Keadilan Vol. 1 No. 2 (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: 10.22373/jurista.v1i2.60

Abstract

Fiduciary guarantee is a transfer of ownership rights of an object on the basis of trust with the provision that the object whose ownership rights are transferred remains in the possession of the owner of the object. This research is focused on knowing how the mechanism for confiscating collateral objects due to customers unable to pay instalments at PT Mandiri Tunas Finance Banda Aceh? The method used is qualitative with descriptive analysis, namely researching problems based on the focus and object of research. The results of this study indicate that: the execution of the object of fiduciary guarantee at PT Mandiri Tunas Finance is carried out against debtors who are in arrears in paying monthly instalments by withdrawing the object of fiduciary guarantee from the hands of the debtor, the execution at PT Mandiri Tunas Finance is carried out by internal finance as a collector and external parties, then the results of the execution of the guarantee are sold under the hand and through a public auction used to pay off the remaining debts of the debtor. The implementation of execution at PT Mandiri Tunas Finance with debtors who are delinquent in paying monthly instalments makes the implementation of parate execution not carried out as it should, thus making one party feel disadvantaged, both from PT Mandiri Tunas Finance and the customer.
FINANCING AGREEMENT IN THE IMPLEMENTATION OF ONLINE SHOPPING SHOPEEPAY LATER: A Study of Qarḍh Contracts in the Perspective of Islamic Economic Law Rizkiyanda, Atika
JURISTA: Jurnal Hukum dan Keadilan Vol. 1 No. 2 (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: 10.22373/jurista.v1i2.61

Abstract

According to the Fiqh Muamalah concept of debt and credit called qardh, the qardh contract is one of the most dominant alternatives used by the community in conducting business activities. Developments in the field of information technology have now progressed rapidly with the existence of e-commerce, namely online buying and selling or trading transactions. Shopee is one of the marketplaces that is very successful and popular with its users in Indonesia, the problem from the perspective of Islamic law when in financial matters is supplemented by administrative costs, namely the buyer is always charged a 1% handling fee for debts provided by third parties PT. Commerce Finance. In the qardh contract, there is no addition, where when the borrower repays the loan, he is required to add to the principal loan. The formulation of the problem of this research is how is the mechanism of the financing agreement for buying and selling online through ShopeePay Later and what is the review of Fiqh muamalah regarding qardh contracts for financing agreements for buying and selling online through ShopeePay Later. This study uses a type of descriptive qualitative research analysis with data collection techniques through interviews and documentation. The results of the study show that the practice of online shopping using ShopeePay Later has fulfilled the pillars and legal requirements of the debt and credit contract with the existence of a contract sighat, aqid, ma'qud alaih and the purpose of the contract.
LEGAL PROTECTION OF COSMETICS NON-HALAL LEBEL COSMETICS IN TERMS OF THE SALE AND PURCHASE CONTRACT Shalihah, Nurul Imratu
JURISTA: Jurnal Hukum dan Keadilan Vol. 1 No. 2 (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: 10.22373/jurista.v1i2.62

Abstract

The use of cosmetics has become commonplace for Indonesian women. However, the use of non-halal labelled products from the practice of buying and selling cosmetics is still widely seen among the public, especially in Banda Aceh. This research was raised with the title of Legal Protection for the People of Banda Aceh City in Wearing Non-Halal Label Cosmetics in Review of the Sale and Purchase Agreement. This research aims to answer 3 research questions, namely how the form of legal protection for consumers who use non-halal cosmetic products, how the form of use of non-halal label cosmetic products, and how the perspective of Islamic law on the legal protection of non-halal label cosmetic consumers in the city of Banda Aceh. The research method used is descriptive analysis, namely data collection techniques in the form of field and literature studies. The results of this study indicate that the form of legal protection for consumers who use non-halal labelled cosmetic products carried out by the Banda Aceh city government is by imposing jinayah sanctions. Both in the form of flogging, imprisonment, and fines in accordance with Aceh Qanun Number 8 of 2016 concerning the Halal Guarantee System. The form of use of non-halal labelled cosmetic products in the people of Banda Aceh city varies, namely Special UV whitening, bb cream night and day, Doolby lipstick, make over, and so on. This product is used for skin beauty on the face, hands and body. The perspective of Islamic law on legal protection for consumers of non-halal labelled cosmetics in the city of Banda Aceh in the sale and purchase contract must be carried out so that consumers are protected from buying and selling which contains elements of lies about the goods they buy, especially from elements that are not halal for use by buyers. From the results of this study, the author suggests that the Banda Aceh city government continue to take firm steps in the circulation of non-halal labelled products. In addition, buyers must also be more careful in choosing cosmetics that will be used daily.
ADVOCATE HONORARIUM IN AN IJĀRAH BIL ‛AMĀL CONTRACT: Research Study at Law Firm Banda Aceh Mary George; Mufadhal
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.v6i2.63

Abstract

In this era, advocates are needed as legal advisors or legal services for the public or clients dealing with existential problems. This research wants to know the mechanism for determining honorarium for advocates at law firms in Banda Aceh? The research method in this study uses a qualitative approach with the type of field research. The results showed that: First, the mechanism for determining the same honorarium for advocates in each advocate office that the author has researched such as an agreement in the form of cash at the beginning or a contract system, gradual payment, there is also a payment paid by a percentage system according to what agreement will be applied by both parties. Second, the advocate profession itself in fiqh muamalah is included in ijārah bil ‛amāl because it provides services in the form of legal services and service users provide payment in return and must be in accordance with the agreement of both parties whether written or not. based on the description above, it can be concluded that the mechanism for providing honoraria and the review of the ijārah bil ‛amāl contract on the mechanism for determining advocate honoraria in several advocate offices in Banda Aceh that the author has researched is in accordance with the value of wages in the ijārah bil ‛amāl contract.
GOLD LOANS AT ISLAMIC BANK AMANAH SYARIAH BASED ON THE PERSPECTIVE OF ISLAMIC ECONOMIC LAW Yana Ilham; Mahdalena Nasrun
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.v6i2.64

Abstract

Institutions engaged in capital have their own system or method of channeling capital, such as the Amanah Syariah UPK which is an institution that manages activities to overcome and assist in the economic field, carried out independently in developing community welfare. Capital provided in the form of loans or debts with the object being gold. The focus of the problem in this study is how the consideration of UPK Amanah Syariah provides loans in the form of gold, how is the mechanism of gold loan practices at UPK Amanah Syariah Samatiga District, West Aceh Regency? and how the Islamic economic review of the management of profit sharing in gold loan practices at UPK Amanah Syariah. This research is a field research by conducting interviews and documentation, while the data analysis method is descriptive qualitative. This study concludes that first, the consideration of providing loans in the form of gold is based on the results of deliberations of several parties which resulted in a convention from conventional UPK to UPK Amanah Syariah to avoid usury. Second, the service set is 10% per year, lower than the previous 18%. The practice carried out at the time of ijab qabul uses a murabahah contract. Lending and returning according to the gold in the contract, or it can also be in the form of money worth the gold loaned.

Page 6 of 16 | Total Record : 156

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