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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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FASHION BUSINESS COMPETITION ACCORDING TO LAW NO. 5 OF 1999 AND SHARIA ECONOMIC LAW: A STUDY ON FASHION STORES IN ACEH MARKET Jannah, Khairatul; Husnul, Muhammad
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.v8i1.127

Abstract

Business competition requires the tenacity of business actors to exist so that they can survive the development of businesses that continue to compete rapidly in the era of technological progress. In the sale and purchase transaction, of course, there is mabi', which is the object of legal sale and purchase. Mabi' as the object of sale and purchase has conditions that must be met by the seller, such as clear and standardised object quality in the sale and purchase transaction. In the general substance of Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, efforts made by the government to minimize normal market mechanisms, namely giving licences to new companies to create competition as a form of democracy for the economy, increasing offers on goods with products that tend to be the same in fulfilling the free right to choose consumers. This type of research is a qualitative, descriptive approach through case studies. The efforts of fashion traders to make an adjustment process with several stages, namely adaptive, motivation and attitude towards the realistic present,. And the efforts of fashion traders in surviving in the world of online market competition to make a profit are that they must have a large enough initial capital to be able to start a business and must think about a place to sell and a sales marketing strategy through a marketplace platform or other online sales, and must apply a mixed approach by integrating conventional offline and online marketing in order to help traders reach various types of consumers.
RESPONSIBILITAS PENGUSAHA DIVING DAN SNORKELING TERHADAP RISIKO WISATAWAN DI PANTAI IBOIH SABANG: KAJIAN TEORI MAQASHID SYARIAH Annisa Rizkina; Maulana, Muhammad
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.v8i1.129

Abstract

This research aims to examine the responsibilities held by entrepreneurs in the diving and snorkeling industry towards the safety and experience of tourists. The research method used is a qualitative approach by conducting case studies and analyzing relevant literature. The study found that employers have an obligation to provide a safe and conducive environment for tourists who wish to participate in diving and snorkeling activities. This includes effective risk management, such as regular inspection of diving equipment, monitoring of changing weather and sea conditions, and proper training of instructors and staff involved in providing services to tourists. Furthermore, employers' legal responsibilities include the obligation to provide accurate information about the risks associated with diving and snorkeling activities, and to comply with safety and environmental protection regulations applicable in their destination. Employers must also have a well-coordinated emergency plan to deal with emergency situations or incidents that may occur during tourism activities. The implication of this study is the need for increased awareness and commitment from employers in improving safety standards and service quality in the diving and snorkeling industry.
SANCTIONS ON INDISCIPLINARY EMPLOYEES IN THE PERSPECTIVE OF FIQH MUAMALAH: A STUDY ON THE ACEH CIVIL SERVICE AGENCY Sausan Athirah; Azka Amalia Jihad; Muhammad Rasyid, Laila
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.v8i1.130

Abstract

This research examines the process of proving an ijārah 'ala al-'amāl contract and the effectiveness of sanctions applied by the Badan Kepegawaian Aceh. The method used is an empirical legal approach in which data is collected from primary sources such as interviews, observations, and focus group discussions. Secondary data is collected from secondary sources such as books, journals, and other resources related to this research. The findings show that the sanctions applied have not been fully effective in tackling arrears. This research is important because the sanction policy of Badan Kepegawaian Aceh needs to be evaluated in order to improve the supervision and enforcement of employee discipline, as well as to ensure that the application of ijārah 'ala al-'amāl is in accordance with applicable principles. The level and type of sanctions for default are listed in Government Regulation No. 94 of 2021 on the Discipline of Civil Servants. Meanwhile, defaulting employees are subject to a series of disciplinary enforcement procedures. The first step is a warning in the form of a summons to provide information about the absence. If the employee fails to comply with the summons, a follow-up summons will be issued. If the employee still refuses to comply, disciplinary action will be taken. The first disciplinary action will usually be a light sanction. This serves as a warning and encouragement to comply with attendance and work discipline rules. However, if the employee still repeats the offence or commits another offence, moderate or more severe sanctions will be imposed. These include sanctions such as deduction of TTP, demotion, delayed salary increases, or even dismissal, depending on the policy and the level of offence committed.
VILLAGE PROPERTY HOUSE CONSTRUCTION AGREEMENT ACCORDING TO SHARIA ECONOMIC LAW: A STUDY IN DARUSSALAM SUB-DISTRICT, ACEH BESAR Dahra, Maulia; Razak, Abd
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.v8i1.134

Abstract

An employment agreement in the form of an ijarah ‘ala al- ’amal contract as an agreement in Islamic economic law is a form of agreement that employs someone who has soft skills or hard skills to do a job. This type of research is a qualitative descriptive approach through case studies. The results of the study found that the house construction agreement was carried out orally so that there was a discrepancy between what was promised and what was done. The existence of default is because the worker does not carry out the obligations of what is an agreement in the agreement between the two parties. The problem experienced between the contractor and the worker, where the worker broke the promise to the contractor because he did not complete the deadline that had been determined, but when it was due suddenly the worker was not ready to work on the construction of the house. So this is detrimental to his superior, namely the contractor. Meanwhile, in the ijarah ala al amal contract, there must be clarity, certainty, and suitability, while this worker did not make any discrepancies with the contractor.
ANALYSIS OF WORK SPECIFICATIONS ON LABOR WAGES AT EARLY CHILHOOD SCHOOL IN TRIENGGADENG SUB-DISTRICT, PIDIE JAYA - INDONESIA: A STUDY OF IJĀRAH AL-'AMĀL THEORY Putri Maisarah, Intan; Sumardi, Dedy; Eriyanti, Nahara
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.v8i1.135

Abstract

This study discusses the issue of work specifications and wage provisions which are analyzed using the concept of ijārah al-'amāl. In practice, there is still a discrepancy between the work specifications imposed on workers and wages that are not in accordance with the level of risk and responsibility of workers in early childhood school (Pendidikan Anak Usia Dini [PAUD]). This causes workers' welfare to be neglected and has implications for the quality of services provided. This study is a type of juridical-empirical research using primary and secondary data, primary data obtained through interview techniques and secondary data obtained through reviewing library materials. The data collected was analyzed in qualitative descriptive form which was arranged systematically. The results of the research show that work specifications regarding labor wages at PAUD IT Mahkota Insani, PAUD Kasih Ibu and PAUD RA An Nur are fixed through calculating working days and hours for 6 days a week and working hours of 8 hours per day. Viewed according to the theory of ijārah al-'amāl, even though the terms and conditions of the contract have been fulfilled, there are problems in determining wages that do not fairly consider the level of risk and responsibility of workers in PAUD. To achieve justice and worker welfare in line with maqāṣid al-sharī'ah, it is necessary to make wage adjustments that take into account the number of children handled, the level of risk, and the responsibilities of each worker. In this way, the wages received reflect more justice and provide adequate welfare for workers.
APPLICATION OF MUSYARAKAH MUTANAQISAH CONTRACT IN FINANCING AT BANK ACEH SHARI'AH Faradilla, Riska; Khalidin, Bismi
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.v8i1.139

Abstract

The purpose of this article is to find out the form of the implementation of the Musyarakah Mutanaqisah contract at Bank Aceh Syari'ah and to find out the obstacles in the implementation of the contract by Bank Acerh Syari'ah. This research used a qualitative approach, which the primary data gathered from the interview, and focus group discussion. While the secondary data found from other related resources such as books, journal and other articles related to this topic. Ther rersurlt found that ther contract as a form of cooperation involving two or more parties, where each includes capital and share the results according to the agreement. Musyarakah financing offered by Bank Aceh Syariah provides capital support to customers, with risks and benefits shared based on the contribution of each party. The Bank faces various obstacles in the implementation of the contract in financing scheme, including customary dishonesty, low product demand, and public misunderstanding of the system. The Musyarakah Mutanaqisah agreement is implemented based on the Indonesia Ulama Council decision No.01/DSN-MUI/X/2013 concerning the implementation of the musyarakah mutanaqisah agreement in financing products which is an important step in regulating finance to operate in accordance with sharia principles, which aims to advance the community’s economy and implement Islamic sharia comprehensively.
ANALYSIS OF BOAT BUILDING AGREEMENT BASED OF ISTISHNA' CONTRACT: A CASE STUDY IN SAWANG SOUTH ACEH - INDONESIA Rahim, Ummi; Bukhari Ali; Yuhasnibar
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.v8i1.143

Abstract

This study examines the transaction of boat building agreements in Sawang Ba'u village, Sawang sub-district, South Aceh district. The problem that wants to be studied in this paper is how the application of the istishna' contract in the practice of boat ordering agreements in the village of Sawang Ba'u, besides that the author wants to identify the problems that exist in the application of the istishna' contract in the boat manufacturing agreement in the village of Sawang Ba'u. To answer these problems, the author conducted field research and used a qualitative approach by collecting data through interviews, observation, and documentation. The main objective of this research is to see the application of the istishna' contract in boatbuilding transactions, as well as identify obstacles that may arise during the process of applying the contract. The results of this study are that in general the istishna' contract has gone well when viewed from the istishna' principles which include price agreements and clear specifications of goods. Then there are several obstacles in the implementation of the istishna' contract including the inaccuracy of the boat's construction time, the boat's durability when used for two to three months, but after the author conducted further interviews, these obstacles were caused by force majeure or events that occurred beyond human ability such as bad weather factors that made the boat's quality decrease and the boat's construction took a long time so that it did not damage or cancel the istishna' contract.
LEGAL PROTECTION FOR WORKERS AT LKP SAHABAT CENDEKIA SIGLI, INDONESIA Rahmatillah, Muhammad Syaukas; Edi Yuhermansyah
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.v8i1.144

Abstract

The Institute of Courses and Education or LKP is one form of non-formal education institution that employs educators as applicable in formal education. However, in some LKP cases, it raises problems including the absence of contractual provisions of employment agreements that cause uncertainty and protection for both parties between LKP and workers. For this reason, the focus of this research is how is the system and form of employment contract and its implementation at LKP Sahabat Cendekia Sigli, and how is the legal protection for workers at LKP Sahabat Cendekia Sigli reviewed according to the ijārah ‘alā al-’amal contract? This research is studied with a conceptua lapproach approach with the type of empirical legal research. The result of the research is that the system and form of employment contract between workers and LKP Sahabat Cendekia Sigli is in the form of an oral agreement with the provision that the manager explains the amount of salary/wages per hour and subject, as well as teaching hours or days. The LKP does not explain the expiration date of the contract. In the context of protection and legal certainty, the status of workers in the LKP and the LKP itself does not have legal certainty. On the one hand, there is uncertainty and legal protection for the LKP because workers can decide to resign/leavethe LKP. On the other hand, workers also do not get legal certainty and protection because the LKP can also terminate the employment contract at any time. For this reason, seen from the ijārah ‘ala al-’amal contract, the implementation of the employment contract at the Sahabat Cendekia Sigli LKP is not in accordance with the principles of sharia contracts. The ijārah alā al-'amal contract requires the certainty of a written agreement contract and the actions of the two parties are bound by and limited by the agreed agreement letter. This is what is missing in the work agreement at LKP Sahabat Cendekia Sigli.
PRICING SYSTEM IN LAND LEASING IN REVIEW OF IJĀRAH 'ALA AL-MANĀFI' CONTRACT: A CASE STUDY IN ACEH BESAR Munawarah, Rizka; Melayu, Hasnul Arifin; Fitria, Nurul
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.v8i1.149

Abstract

In the fiqh context of land leasing, there are variations in scholarly opinion regarding the legality and conditions of leasing. Some scholars argue that the leased land must provide direct benefits to the tenant, such as for agriculture, while others allow leasing for commercial activities. Rental pricing is a major concern as factors such as location, economic potential and land condition affect the rental value. This study aims to determine the system of determining land rental prices for business premises in the perspective of the ijarah 'ala al manafi' contract. Qualitative methods are used with observation and interview techniques to understand the practice of leasing in the perspective of Islamic economics. From this research, the results obtained in the practice of leasing land in Krueng Barona Jaya District, the principles of Islamic law, especially in the ijârah 'ala al-manâfi' contract, have generally been followed, including clarity of object, price, and time period. However, there is a discrepancy in terms of land benefits that cannot be obtained directly, which according to the view of the Shafi'iyah scholars, states that the benefits of the lease must be used immediately. Therefore, there needs to be more attention in ensuring the agreement is in accordance with the provisions of fiqh so that all parties get fair rights and obligations, and to achieve blessings in every transaction.
INTERNAL CONTROL ON MILITARY ASSETS ACCORDING TO MILK AL-DAULAH IN ISLAMIC ECONOMIC LAW: A STUDY IN KUTA ALAM DORMITORY BANDA ACEH, INDONESIA Wilda Nadhiratul Safira; Zulhamdi
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.v8i1.154

Abstract

This article aims to examine the internal control system of national military assets in Indonesia at the Kuta Alam Banda Aceh barracks, reviewed according to the concept of milk al-daulah. The approach taken by the author is a juridical-empirical study. The research findings indicate that to address issues in the internal control system of assets in the Indonesian National Army (TNI) at the Kuta Alam Banda Aceh barracks, a holistic approach is required to effectively tackle existing challenges. It is crucial to update and refine the inventory process to ensure that asset data is more accurate and current. Implementing an integrated, technology-based asset management system will facilitate tracking and monitoring. Furthermore, asset maintenance should be scheduled regularly and its implementation should be ensured to prevent damage that could increase repair costs. Enhancements in surveillance technology, such as modern CCTV and access control systems, are essential to reduce the risk of theft and damage. Compliance with policies should be strengthened through intensive training and consistent enforcement to ensure procedures are properly followed. Risk management also needs improvement with more effective and proactive mitigation strategies. Additionally, the use of advanced technology can support efficiency in asset management and reporting. Transparency should be increased by providing clear and accessible reporting mechanisms, while budget management should be improved to ensure efficient allocation. Regular personnel training is important to keep their skills relevant, and routine audits and evaluations should be conducted to maintain the effectiveness of the internal control system.

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