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JURISTA : Jurnal Hukum dan Keadilan
ISSN : 19798571     EISSN : 25798642     DOI : https://doi.org/10.1234/jurista.v7i1
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 158 Documents
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.
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.
THE RIGHT OF PRISONERS ACCORDING TO THE IJARAH 'ALA AL-'AMAL CONTRACT: A STUDY AT CLASS III LHOKNGA PRISON, INDONESIA Dedi Setiawan; Usman; Majdey Zawawi
JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 2 (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.v8i2.163

Abstract

Every prisoner has the right to guarantee work safety, wages or premiums from the results of their work. However, at the Lhoknga Class III Penitentiary, the fulfilment of this right is not yet optimal because there are no regulations or laws that determine the nominal amount or percentage of wages that prisoners must receive. Currently, the amount of wages received by inmates is only determined based on the policy of the Head of the local Correctional Institution.  This article aims to explain the wage process applied by the Lhoknga Class III Penitentiary to prisoners, as well as to explain how the wages of prisoners in this institution are determined based on the ijarah 'ala al-'amal agreement. To obtain data, the author used qualitative research methods. The main data was collected through interviews with respondents and informants who were considered to have relevant information regarding the problem under study. Meanwhile, secondary data was obtained from reading sources such as books, journals, articles and other materials related to this research topic. From the research results, the fulfilment of the right to wages for work has not been optimal. Some prisoners' work activities do not yet receive decent wages, while in other activities, prisoners earn wages of 33% from sales of goods or products.
THE CONCEPT OF KHIYAR TA'YIN AND THE RESPONSIBILITY OF BUSINESS ACTORS IN ORDERING FRAMES OF PT GASCO INDAH ACEH, INDONESIA Asral Miadi; Husni Mubarrak; Wesley Mwafulirwa
JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 2 (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.v8i2.164

Abstract

This article aims to discuss the concept of khiyar ta'yin and the responsibility of business actors indering frames at PT Gasco. This type of research is a qualitative descriptive approach through case studies. The main data was obtained from the results of interviews with PT Gasco beautiful pidie district, Indonesia. Meanwhile, secondary data was obtained from a number of articles related to this study. The results of the study show that first, PT Gasco indah did not see a grace period for buying and selling frames. Hanafiyah scholars mentioned three conditions for the validity of khiyar ta'yin, namely the choice for made for similar goods of different quality and nature, the goods have different property and values, and the grace period for khiyar ta'yin must be determined. Second, the form of responsibility has been regulated in article 28 of law No.8 of 1999, for the truth that business actors have caused consumer losses which essentially states that the burden and responsibility of business actors in providing compensation can be in the form of refunds, replacement of goods and services of the same or equivalent value, health care and the provision of compensation.    
THE LEGALITY OF TRADITIONAL OIL MINING EXPLORATION IN RANTO PEUREULAK, EAST ACEH: AN ANALYSIS OF THE ISLAMIC ECONOMIC LAW PERSPECTIVE Muhammad Khaidir; Ajidar Matsyah; Muhammad Dayyan
JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 2 (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.v8i2.165

Abstract

This article aims to examine the legality of oil mining resulting from traditional mining exploitation by the Ranto Pereulak community, East Aceh. This research uses descriptive qualitative research methods and the approach used in this research is a sociological normative approach. This research was located in Ranto Peureulak District, which is one of the sub-districts in East Aceh Regency. The results of this research show that the East Aceh Government through Qanun Number 6 of 2009 provides space for the community to manage mining products, in this case oil, by obtaining an IUP issued by the East Aceh government and going through all the conditions therein. The IUP is granted by the Regent after obtaining principle permission or approval from the Governor through the relevant provincial and district level agencies. However, in practice, many people in Ranto Peureulak District, East Aceh Regency, in managing illegal wells traditionally do not follow the applicable SOPs or regulations. Then the oil drilling carried out can endanger the health of workers and the surrounding community. This can also have an impact on the environment, because it does not pay attention to health standards or Health Safety and Environment or abbreviated as (HSE), which is the main priority for mining. In terms of safety too, it often catches fire and causes casualties, both workers and residents. Because drilling oil and gas wells is a very complex process and at each step procedures, requirements and important decisions are required that must be considered and implemented very carefully.
MONITORING AND EVALUATION SYSTEM OF SYIRKAH BSI SMART AGENT PROGRAMME: A STUDY IN BANDA ACEH CITY, INDONESIA Ismuna, Rizalul Maula; Sulfanwandi; Muhammad Syafril
JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 2 (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.v8i2.167

Abstract

Working capital financing is a financing facility provided to individuals, business entities and legal entities for working capital needs. Bank Syariah Indonesia (BSI) offers one of the products known as syirkah (partnership) financing. The purpose of this research is to find out the monitoring and evaluation system carried out by BSI on the BSI Smart Agent product. The results of this study indicate that the cooperation agreement between the agent and the BSI is a business realisation contract which initially the agent only runs his business according to the procedures given by the BSI. Then, BSI emphasises to the agent that the facilities and services are carried out according to the procedures set by BSI. The profit-sharing ratio agreed by both parties is that the agent directly benefits from the realisation of his business through revenue sharing with the same portion and the same value. Monitoring and evaluation conducted by BSI aims to ensure operational compliance with sharia principles and improve the efficiency and effectiveness of the services provided. The implementation of this system plays an important role in supporting Islamic financial inclusion and has a positive impact on the economic growth of the community.

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