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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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DETERMINATION OF FINES IN DEFAULT IMPLEMENTATION OF ONLINE SALES ENTRUSTMENT CONTRACT Ruengrin Pratippornnkul; Arif Hidayat
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.v6i2.65

Abstract

Consigngaming and Unbranded_Store are online shops that are engaged in selling electronic goods from entrusted sellers. The operational principle of the two online shops is to mediate sellers and buyers in sales transactions of electronic and informatics products with standard agreements and conditions set by the online shop, one of the dictums of which contains provisions for fines for defaults on the seller's part. This study aims to examine how the shops determine the amount of the fine to the seller who violates the dictum of the Consigngaming and Unbranded_Store sales agreement, the effectiveness of applying fines to reduce the level of default on the part of the seller and review of the samsarah contract on the determination of fines for seller defaults. The authors designed a research procedure with stages, namely a normative sociological research approach, a descriptive analytical research type with data collection techniques through interviews and documentation. The results of his research are that the determination of fines in Consigngaming is based on the percentage of the price of goods set by the seller, and the Unbranded_Store fine value is fixed which is stated in the general provisions of the transaction that the seller must comply with. The fines imposed by these two consignments, although the procedures are different, have been able to reduce the potential for sellers to commit defaults which could harm Consigngamig and Unbranded_Store management in terms of performance and branding as online stores that have credible business qualifications and can significantly reduce the level of seller defaults. Determination and imposition of fines for seller's default on both consignments as a business based on a samsarah contract is in accordance with the concept of ta'widh and the scholars allow the application of the ta'widh which is implemented based on the agreement of the parties in the consigmnet agreement (samsarah) as long as the dictum does not conflict with the provisions syara'.
THE LEGALITY OF MURABAHAH CONTRACTS SYSTEM IN ISLAMIC FINANCING INSTITUTIONS: An Analysis of Muḥammad Bin Ṣāliḥ Al-Uṡaimīn‘s Thought Hakim, Ahmad Luqman; Munandar, Irfa
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.v7i1.66

Abstract

Uṡaimīn regarding the legality of sales and purchase agreements in financial institutions. The question emerges to what extent the propositions and patterns of legal reasoning used by Muḥammad bin Ṣāliḥ al-Uṡaimīn? This research was conducted using qualitative methods, the type of research is descriptive analysis. The results of the research show that according to Muḥammad bin Ṣāliḥ al-Uṡaimīn the sale and purchase agreement through a financing institution or other financing company is invalid and void. The proposition used by Muḥammad bin Ṣāliḥ al-Uṡaimīn is QS. Al-Baqarah [2] verse 275 which states the halal nature of buying and selling and the prohibition of usury. Another argument refers to the hadith history from Abu Dawud, Al-Tirmizi, Al-Nasa'i, Ibn Majah, and Imam Ahmad who both narrated the prohibition of the Prophet Muhammad from selling an item that he did not already own. From the arguments he used, it was discovered that the istinbath method he used was the ta'liliyyah method, namely a method of legal discovery and reasoning whose main focus is to see whether there is legal illat in the problem being studied. In the case of buying and selling at a finance company, Muḥammad bin Ṣāliḥ al-Uṡaimīn discovered and saw the practice of usury in it, so that usury became illat or the legal reason for prohibiting this practice.
PROVISION OF SAHARA SAVINGS BONUSES AT BANK ACEH SYARIAH BANDA ACEH BRANCH Afriola, Nabila; Kurniawan, Cecep Sholeh
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.v7i1.67

Abstract

The purpose of this thesis or research is to find out the legal application of the Wadi'ah Yad Dhamanah bonus contract on Bank Aceh Syariah Sahara Savings and the obstacle factors in the implementation of the Wadi'ah Yad Dhamanah contract on the Sahara Savings. This research is a qualitative study with a statude approach, historical approach and conceptual approach which is descriptive in nature. Data obtained from observations and interviews. The results showed that, the application of the law of giving bonuses to the Wadi'ah Yad Dhamanah contract on Sahara Savings at PT Bank Aceh Syariah Banda Aceh Branch based on the data obtained and its implementation refers to the Fatwa of the National Sharia Council, the provision of bonuses is also based on the bank system, namely ALCO (Asset Liabililty Committee). As for the obstacle factors in its implementation in terms of products, there are no obstacles, but obstacles to customer understanding regarding the provisions of the contract used and also related to the adequacy of deposits to get a Hajj seat so that it affects the schedule for Hajj departure. From the above explanation, it can be concluded that the provision of bonuses can be done provided that it must be in accordance with the Fatwa DSN-MUI and other laws and regulations, so as not to cause problems in its implementation.
THE VALIDITY OF TRANSACTIONS ON THE ACTION MOBILE APPLICATION OF BANK ACEH SYARIAH, INDONESIA Natasya, Ayla; Reza Yamani, Sayed Mohammad
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.v7i1.68

Abstract

Bank Aceh Syariah Banda Aceh is one of the Islamic banking institutions that has Action Mobile or mobile banking application. The application is a form of Bank Aceh Syariah service to facilitate customers in making transactions anywhere and anytime. As we see in the Action Mobile application of Bank Aceh Syariah, this study aims to determine the level of validity of transactions and customer satisfaction with the Action Mobile application at Bank Aceh Syariah Banda Aceh. The method used in this research is qualitative, for data collection by filling out distributing questionnaires with 70 respondents. From the results of this study concluded that with the Action Mobile application, it offers convenience in conducting banking transactions. The advantage of providing Action Mobile services for banks is saving the cost of printing forms that must be filled out by customers for transactions, brochures, catalogues, and replacing them with electronic data. For customers who use Action Mobile, they will get customer information in conducting banking transactions.
THE APPLICATION OF MURABAHAH CONTRACTS IN THE INSTALMENT SERVICES OF DHUAFA PARTNER COOPERATIVES IN INDONESIA Ali, Saifullah; Amalia, Zalva; Yusuf, Yusriaina
JURISTA: Jurnal Hukum dan Keadilan Vol. 7 No. 2 (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.v7i2.70

Abstract

This article aims to examine the application of Murabahah contract in Mitra Dhuafa Cooperative, in Kembang Tanjung District, Pidie Aceh, Indonesia. This study is written with a conceptual approach, namely with the type of research is doctrinal legal research. The results showed that the procedure for applying the murābaḥah contract for instalment services of Mitra Dhuafa Cooperative in Lancang Village, Kembang Tanjung District was carried out in two stages. Firstly, members apply for financing with the conditions that they must be women with low income, a group of at least 10 members, business financing, with the permission of their husbands or family members, complete photocopies of KTP, KK, details of the items to be purchased. Secondly, the implementation of the murābaḥah contract. At this stage two contracts are executed, first the wakalah contract, which is the cooperative representing the purchase of goods to members on behalf of the cooperative, followed by the murābaḥah sale and purchase contract. The implementation of the murābaḥah contract is in accordance with Sharia principles, without any elements of usury, gharar, maisir and zhulm. Nevertheless, Mitra Dhuafa Cooperative needs to pay attention to the members, must understand the process of the contract mechanism used, then members so that they carry out all their obligations in fulfilling the instalments.
PROFIT-SHARING IN CATTLE COORPORATION PROJECT: An analysis of the Mudharabah Contract Model in Islamic Law Setia, Setia; Kamal, Marium
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.v7i1.72

Abstract

This research aims to find out how the practice of profit-sharing cooperation takes place and the forms of default that occur between cattle owners and managers in Cot Cut Village, Aceh-Indonesia. The research uses qualitative methods (field research) through interview and observation techniques, as well as secondary data obtained through library research by examining books, journals, propositions and literature related to the research. The results of the research show that cooperation is carried out through verbal agreements without time limits and profit-sharing methods based on the sex of the cow and also the profit sharing for calves. Uncertainty regarding profit sharing occurs when the cows being sold are sick or the profit sharing is slaughtered which causes uncertainty in the profit sharing. The form of the agreement is in accordance with contract law such as Article 1320 of the Civil Code, however, verbal agreements are weak in terms of proof when there is a breach of contract, and based on Islamic agreements, cooperation in raising cattle is in accordance with fulfilling the pillars and conditions of Islamic agreements, especially Mudharabah contracts, but in terms of this contract If a default occurs, such as the imposition of compensation (dhaman) and a cut in the ratio, it can result in damaging the validity of the contract due to the lack of clarity and loss of profits received by the manager
ANALYSIS OF THE PERMISSIBILITY OF BAI' AL-'INAH TRANSACTIONS ACCORDING TO THE SHAFI'I SCHOOL OF THOUGHT AND ITS IMPLEMENTATION IN MALAYSIA Setiyadi, Alif Cahya; Mohammad Aris, Sakiinah
JURISTA: Jurnal Hukum dan Keadilan Vol. 7 No. 2 (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.v7i2.73

Abstract

This research aims to study the analysis of the ability of the bai' al-'inah contract according to the Syafi'i school and also how it is implemented in Malaysia. The author uses the qualitative research method of the literature type. The research results found that the contract of bai' al-'inah allowed by Imam Shafi'i is a contract that is free from the element of riba and other elements that can prohibit it. Among the conditions set by Imam Syafi'i are that the two sales and purchase transactions contained in this bai' al-'inah must stand alone and not be related to each other so that the second transaction is a condition for the first transaction. The Syariah Advisory Council (MPS) in Malaysia decided to allow bai' al-'inah based on the opinion brought by Imam Syafi'i. In the decision that has been issued, MPS states the conditions that must be followed by Islamic Banking Institutions in Malaysia that apply bai' al-'inah in their products. Among them are the two purchase and sale contracts, which must be clear and carried out separately; there is no repurchase condition in the contract, the time for the confirmation of the two contracts is different, and the transfer of ownership of assets is clear. This research concludes that the bai' al-'inah contract practised in Malaysia is permissible, according to Imam Syafi'i's opinion.
ANALYSIS OF THE ELEMENT OF USURY IN SHARIA ONLINE FINANCING: A case study in Alami Syariah and Investree Online Financing Company of Indonesia Sarah, Siti; Abubakar, Ali; Ahmed, Fraz
JURISTA: Jurnal Hukum dan Keadilan Vol. 7 No. 2 (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.v7i2.76

Abstract

Sharia online financing is guaranteed by the Financial Services Authority by referring to the DSN MUI Fatwa on Financing Services Based on Financial Information Technology Based on Sharia Principles, which avoids usury, gharar, maysir and tadlis. The purpose of this research is to find out how the mechanism of sharia online financing services and to find out how the analysis of the elements of usury in sharia online financing on its suitability with the DSN-MUI Fatwa on Financing Services. This research method is empirical juridical, where primary data is obtained from interviews. While secondary data is obtained from reference sources related to this research. The results showed that the additional element at the time of returning the financing on the Alami and Investree applications was not categorised as usury (interest). In the transaction, this addition is an ujrah / fee that will be received by the parties for their services, as implemented by Alami Sharia and Investree Syariah online financing where there are funding providers and funding recipients who authorise these online financing platforms to transfer receivables settlement. On the basis of marketplace services that have brought the two parties together, the Alami and Investree platforms are entitled to an ujrah of 1% - 5% for fees for their services, the lender/funder is also entitled to a profit / ujrah from the funds provided to be managed by the borrower, the margin / ujrah that can be obtained is 12% - 20% effective p.a. according to the level of risk and the term chosen at the time of financing
AN EXAMINATION OF THE EFFICACY OF ONLINE PAYMENT OF ZAKAT FITRAH BASED ON YUSUF AL-QARHDAWI’S THOUGHT Tuddini, Nora; Abdullah, Muslim; Pannakal, Abbas
JURISTA: Jurnal Hukum dan Keadilan Vol. 7 No. 2 (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

Abstract

This research was conducted to find out how Zakat Fitrah payments are practiced online, and how Yusuf al-Qardhawi's opinion of Zakat fitrah legallity for being payed online. This study uses qualitative research methods with normative approaches or library research where data collection techniques are carried out by exploring theories that match the title. The results  found that paying Zakat Fitrah using both cash and online money is legitimate, because according to Yusuf Qardhawi issuing zakat fitrah through online applications with money transfers is more appropriate in our time today. Money is more practical and more useful. The money is better for the poor than the food. In addition, Yusuf Qardhawi also compared the Zakat Fitrah with the conditions of modern-day people who are more or less dependent on their needs with the money, with the condition of the people at the time of the descent of the zakat fitrah, the people of Medina who are not so familiar with the function of money.
SETTLEMENT OF DEFECTS IN MURABAHAH FINANCING AT BANK ACEH SYARIAH REGIONAL BIREUEN, INDONESIA Afra, Cut; Eriyanti, Nahara; Mohamed Arif, Nasr
JURISTA: Jurnal Hukum dan Keadilan Vol. 7 No. 2 (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.v7i2.78

Abstract

This research aims to investigate the procedure for addressing problems in murabahah finance resulting from debtor default. This study uses empirical juridical research methodology, which involves gathering data through interviews, document and report analysis, and other secondary sources. The research findings indicate that default is primarily caused by external factors, including the deteriorating business condition or failure of the customer's business, the customer's unfavourable character, and issues in the installment payment process such as delayed debt payments. The second cause pertains to an internal issue when the debtor fails to fulfil the promised payment within the agreed timeframe. In order to address this default, Bank Aceh Bireuen Branch conducted deliberations guided by the principle of justice (al-ilah) between the bank and the member responsible for the default, in accordance with the muamalah concept and relevant rules.

Page 7 of 16 | Total Record : 156

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