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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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CYBERCULTURE FRAMES CONTEMPORAR DA'WAH IN MODERN SOCIETY Fuadi
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.v7i2.81

Abstract

The phenomenon of modern society has now taken root in the joints of life which has a broad impact in all fields. Internet treats in information technology have transformed into a virtual space called cyberculture, which is a society that lives in a virtual culture in interactions between individuals, groups and communities carried out through forums, newsgroups, and chats. Cyberculture is any culture that has or is emerging from the use of computer networks for communication, entertainment, and business into virtual spaces, such as: virtual self, virtual community, virtual politics, virtual economics, virtual lives, virtual sex, virtual social, virtual/cybercrime. Modern Islamic movements are now divided into four patterns of thought, namely: liberalist thought patterns, nationalist thought patterns, apologetic thought patterns, and dynamic thought patterns. With this reality, the packaging of da'wah delivery must be based on the needs of the community and rooted in Islamic aqidah according to the Al-Quran Hadith.
THE LEGALITY OF DESTROYING ILLEGAL IMPORTED GROCERIES : A STUDY OF ISLAMIC ECONOMIC LAW’S PERSPECTIVE Hasan, Badri; Annisa, Thaharah; Fauzan, Faisal
JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 1 (2024): 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.v8i1.89

Abstract

Abstract This article aims to examine the perspective of Islamic economic law on the destruction of illegally imported foodstuffs. This research uses an empirical juridical approach, where the main data is obtained from interviews and observations in the field, as well as studies of legal doctrine, and analyses of statutory norms.  In addition, the author also uses secondary data sourced from various sources related to this research. The results of the study show that: first, the practice of destroying illegally imported groceries is carried out on groceries that have met the criteria for destruction, including groceries in rotten, expired, and unfit for use conditions. Second, the legal basis for destruction is Minister of Finance Regulation Number 240/PMK.06/2012 concerning Procedures for the Management of State Property Originating from Ex-Customs and Excise Assets. Third, in terms of Islamic law, the destruction of illegal imported groceries at Banda Aceh Customs is in accordance with sharia economic law.
SALARY AND BONUS PAYMENT SYSTEM FOR SALES MARKETING ACCORDING TO SHARIA ECONOMIC LAW: A STUDY AT HONDA ARISTA COMPANY, Ltd. BANDA ACEH, INDONESIA Zhauharah, Siti; Abdul Jalil, Husni; Hanani, Yasmin
JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 1 (2024): 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.v8i1.93

Abstract

This article aims to examine the system of determining salaries and bonuses on car sales performance for achieving sales targets in the review of the ijarah 'ala al-'amal contract. The approach that the author uses is normative sociological research. The type of research conducted in this study uses qualitative research, namely research obtained in the form of data, schemes, sentences and images rather than expressed numbers. Primary data is obtained from in-depth interviews with representative informants in obtaining the necessary data, while secondary data is obtained from the results of theses or research related to the author's research. The results show that the system for determining salaries and bonuses on sales performance is carried out based on the provisions of the contract work system, which has a three-month work agreement. The sales target that a sales person has is different according to the grade position set by the company. Apart from achieving sales targets, the workload generally faced by sales is to find prospective buyers through various sources such as outgoing calls or attending exhibition events. The success of sales often depends on the dedication of salespeople in providing quality service and building positive relationships with prospective customers.
ISLAMIC LAW REVIEW OF THE CONSIGNMENT AGREEMENT FOR THE SALE OF FREE-RANGE CHICKEN EGGS: STUDY OF IJARÂH 'ALA AL-'AMÂL CONTRACT Aldi Hafsani; Mkhwanazi, Lindani
JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 1 (2024): 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.v8i1.99

Abstract

The aim of this research is to understand the business carried out, investigate the marketing methods applied and examine the agreement to sell free-range chicken eggs through a consignment system based on a review of the ijarah 'ala al-'amal contract in the Kuta Baro District area. Researchers used observation and interview methods to collect data. This research uses a descriptive approach to process data to draw conclusions about the consignment-based sales system within the framework of the ijarah 'ala al-'amal contract in the Kuta Baro District area. The research results show that free-range chicken egg business owners have reached informal agreements with several coffee shops and cafes to place their products. Sales of free-range chicken eggs are regulated through a consignment system with profit sharing usually calculated based on a percentage of total sales, namely 80% for egg owners and 20% for coffee shop or cafe managers. Ijārah ‘Ala Al-‘Amāl is an agreement that regulates the use of someone's services for certain tasks with commercial purposes that generate profits, such as delivering customer orders to the desired location. Types of work that combine these aspects are generally found among entrepreneurs cultivating free-range chicken eggs. Village chicken egg entrepreneurs market their products by handing over their eggs to sell to various places such as shops, kiosks and coffee shops. In this case they use a consignment system where the eggs are entrusted to the shop which then sells them to buyers.
ANALYSIS OF THE APPLICATION OF DSN-MUI FATWA NO: 04/DSN-MUI/IV/2000 CONCERNING MURABAHAH CONTRACTS IN PEOPLE'S BUSINESS CREDIT FINANCING: STUDY ON KCP BSI LADANG RIMBA Tri Wulandari; Sholihin, Riadhus
JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 1 (2024): 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.v8i1.101

Abstract

This study aims to analyze the extent of the application of the murabahah contract on People's Business Credit (KUR) products at KCP BSI Ladang Rimba, identifying the constraints of the murabahah contract which is a sale and purchase contract that is not in accordance with KUR. This research uses a descriptive method with a qualitative approach, with data collection techniques through interviews. The results showed that the application of the murabahah contract at KCP BSI Ladang Rimba has been running in accordance with the provisions of the Fatwa DSN-MUI, with a transparent and fair transaction process. During implementation, no significant obstacles were found, thanks to a strict internal control system and routine sharia audits. However, the application of the murabahah contract is not suitable because KUR is a program that is presented to help the community while the murabahah contract is a contract that allows the delegation of losses to only one party so that a more suitable contract to use is a mudharabah contract which is in the form of cooperation.
RESCHEDULING SYSTEM IN UMRAH TRAVEL ACCORDING TO SHARIA ECONOMIC LAW: A STUDY OF TRAVEL COMPANIES IN BANDA ACEH INDONESIA Fadhila Maisura; Achyar, Gamal
JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 1 (2024): 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.v8i1.104

Abstract

This article aims to examine the departure rescheduling system on Umrah travel in Banda Aceh in accordance with the provisions in the ijārah 'ala al-'amāl contract. This research uses a normative sociological approach with descriptive qualitative methods to analyze the implementation of Umrah based on the provisions of Islamic law. Data is obtained through interviews, documentation, and observation. Rescheduling is the process of readjusting the umrah travel schedule which is often done for various reasons, such as personal constraints, illness, or administrative problems. The results showed that the application of the ijārah 'ala al-'amāl contract in umrah travel allows the umrah traveler to provide optimal service and fulfill the rights of jama'ah, while effectively managing the rescheduling process to minimize the negative impact of departure delays. This study examines the application of the umrah departure rescheduling system, especially in terms of the relationship between umrah travel and prospective pilgrims at PT Katana Travel & Tour and Pt Dar Tauhid Haramain in Banda Aceh. It is known that the two trips often dispatch Umrah and receive rescheduling requests. This study aims to understand the rescheduling mechanism as well as the challenges faced by the travel party and the congregation and its suitability with the principle of Ijârah 'ala al-'amâl contract in fiqh muamalah.
ANALYSIS OF COMPENSATION PRACTICES IN HAJJ ARRUM PRODUCTS ACCORDING TO FIQH MUAMALAH : STUDY ON BANDA ACEH SHARIA PAWNSHOP Fanisa, Yara; Hakim, Ahmad Luqman
JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 1 (2024): 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.v8i1.110

Abstract

One of the superior products of Pegadaian Syariah is the Hajj arrum product which provides Hajj assistance funds by pawning gold weighing 3.5 grams or the equivalent of 1.5 gold mayams, and customers have received a loan of IDR 25,000,000 to register for the Hajj portion. Pegadaian Syariah is inseparable from the risk of loss, so compensation (ta'widh) is applied. The determination of ta'widh must be in accordance with the applicable rules in accordance with the Fatwa DSN-MUI and Islamic Law. This type of research uses qualitative research methods and uses a normative-empirical legal approach with data from laws and regulations, fatwas of scholars, and other secondary data. The results showed that the mechanism of compensation practices in the Arrum Haji product at Pegadaian Syariah Darussalam Banda Aceh, this has been determined by the nominal amount of a maximum percentage of 4% which has been made in accordance with the institution's regulatory policies and agreed upon by the customer. However, the amount of compensation is only made by one party and the customer only follows the rules without knowing what form of loss the Sharia Pawnshop will experience if the customer delays in paying the financing installments. So that the implementation of the practice of compensation (ta'widh) is not in accordance with the contents of the MUI DSN Fatwa No. 43 / DSN-MUI / VIII / 2004 concerning compensation (ta'widh) which explains how the practice of compensation (ta'widh) should not include nominal losses, but must be in accordance with the actual losses or real losses incurred by the customer.
LEGAL PROTECTION OF CONTRACT OBJECT COVERAGE CLAIMS AT TAKAFUL INSURANCE COMPANY, Ltd.: A REVIEW OF DECISION NO.0177/Pdt.G/2016/MS Bna Al-fitra, Ahmad Farhan
JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 1 (2024): 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.v8i1.112

Abstract

This article aims to find out how the protection of Takaful Insurance participants against claims filed by client in the enet of loss of the contract object (car) according to sharia economic law. The research methode used is qualitative in the form of content analysis ont the Decision of the Judge of the Banda Aceh Sharia Court. Based on the result of the research, that in the case of a lawsuit filed by the plaintiff against PT Asuransi Takaful Banda Aceh, the panel of judges rejected the plaintiff’s claim. The judge argued that the parties had not followed the procedures contained in the insurance policy. Because the panel of judges did not find the fact of peace and deliberation between the plaintiff and defendant within 60 days. In the case, the judge did not determine the decision in accordance with the plaintiff’s claim because the settlement of the case between the parties could be resolved amicably in accordance with the policy clause.
ANALYSIS OF THE DETERMINATION OF CIVIL CASE FEES IN THE DISTRICT COURT OF BANDA ACEH CITY : A STUDY OF SUPREME COURT DECISION No 03 of 2012 Deva Sari, Putri; Rahmatillah, Syarifah; Jamhuri
JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 1 (2024): 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.v8i1.117

Abstract

This study aims to evaluate the implementation of civil case fee provisions based on PERMA No. 03/2012 and identify factors that influence the high or low cost of case determination. The data collection method used was field research, which involved direct observation and interviews with relevant parties at the District Court of Banda Aceh City. In this study, it was found that the Banda Aceh City District Court has implemented the provisions of PERMA No. 03/2012 well. The management of case costs is conducted in a transparent and accountable manner, with clear details of costs provided to the parties. In addition, the mechanism for refunding costs for cases that were canceled or terminated was also applied in accordance with the provisions. The fee-setting process was conducted by taking into account various factors affecting the level of fees, including administrative and operational costs. The results of the study indicate that the costs of determining civil cases in the District Court of Banda Aceh City are in accordance with the provisions of PERMA, which supports the achievement of fair and transparent justice. This research confirms the importance of compliance with PERMA in ensuring that the fees charged are fair and in accordance with the applicable provisions, as well as providing the necessary protection for litigants.
CALCULATION OF LOSSES FOR DAMAGE TO WARRANTY HOUSES IN MEUGAH PROPERTY HOUSING: STUDY ACCORDING TO THE SALE AND PURCHASE CONTRACT Mahera, Rauza; Akbar, Hajarul
JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 1 (2024): 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.v8i1.126

Abstract

The warranty agreement is intended as an effort to protect consumers or buyers from various possible damage to the house sold by the developer or the poor quality of the house being transacted. In the warranty agreement, the developer and its consumers include several standard agreement clauses that contain several things so that consumers can claim the quality of the house they bought. This type of research is a qualitative descriptive approach through case studies. In this study shows that the warranty system applied by the developer uses an oral agreement, not set forth in writing, the developer provides a warranty to its consumers only for 3-6 months the house that has been purchased by the consumer is no longer available to repair damage to the house, but in one transaction the house has a lot of physical damage so that the buyer must deal with the developer again, in this case the developer also felt disadvantaged because the builders were original in building the house so that after the house was completed there was damage to the house, the conclusion explains that in this problem it is necessary when buying and selling transactions to also use khiyar conditions in it, this is useful for circumstances at any time the qualifications of the house and the agreement are not the same as at the beginning promised and the buyer can cancel the agreement, because it is only limited to verbal agreements, the agreement that has been agreed upon at the beginning results in legal weaknesses and losses between the two parties.

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