JURISTA: Jurnal Hukum dan Keadilan

CLAIMS FOR POSTNATAL MEDICAL SERVICES BY MIDWIVES THROUGH THE SOCIAL SECURITY ADMINISTRATOR IN KEMBANG TANJONG, PIDIE DISTRICT OF INDONESIA

Rayhan Fazira, Safira Mustaqilla, Nahara Eriyanti — Tue, 02 Dec 2025 00:00:00 +0700

This study was motivated by the phenomenon of postpartum medical service claims submitted to the Social Security Agency (BPJS) in Kembang Tanjong Subdistrict, Pidie Regency, which directly affects the financial burden on independent midwives. In practice, midwives often have to cover the cost of patient treatment in advance before the claim funds are disbursed. The purpose of this study is to analyse the compatibility between the BPJS postnatal medical service claim system and the concept of kafalah in fiqh muamalah, as well as to identify the forms of risk coverage provided by midwives to patients. This study uses a qualitative method with a normative sociological approach. The results show that the BPJS claim system in the region substantially reflects the values of kafalah. Still, its implementation does not fully meet the principles of clarity (bayān) and justice (‘adl). Delays in claim payments and the layered bureaucracy within community health centres are the main factors contributing to an imbalance between the insurer’s rights and obligations and those of medical personnel. Nevertheless, the actions of midwives who continue to provide services even though they have not yet received payment reflect the value of ta‘āwun (mutual assistance) in Islam.

ANALYSIS OF THE SUPREME COURT DECISION NO. 119 PK/Pdt.Sus-HKI/2017 ON TRADEMARK DISPUTES FROM THE PERSPECTIVE OF HAQ AL-IBTIKAR

Muhammad Qeis, Muhammad Syuib, T. Surya Reza — Tue, 02 Dec 2025 00:00:00 +0700

Trademark protection is an integral part of the intellectual property system that protects a product's reputation, economic value, and identity. According to Article 3 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications, trademark protection is only granted to registered trademarks. However, in practice, trademark infringement has occurred, as in Supreme Court Decision Number 119 PK/Pdt.Sus-HKI/2017, between PT Gudang Garam as the owner of the well-known trademark "Gudang Garam" and the party using the trademark "Gudang Baru" on cigarette products. The method used was a normative legal approach, with a conceptual lens, examining case studies and literature as data collection techniques. The results of the survey show that PT Gudang Garam initially lost at the first level and in cassation because the judge considered the registration of the Gudang Baru trademark to be administratively valid. However, through a case review (PK), the Supreme Court found bad faith and similarity in essence, so that Gudang Garam ultimately won the case. This shows that the protection of well-known trademarks still faces challenges in terms of evidence in court. From the perspective of Haq al-Ibtikar, such actions constitute the unlawful taking of another person’s rights, which is prohibited under Sharia law, because trademarks are intellectual works with practical and economic value. It is recommended that trademark rights be protected preventively through official registration, market monitoring, and legal education for business actors, as well as strict law enforcement against trademark registrations made in bad faith.

PRACTICE OF DETERMINING THE PRICE OF PALM FRUIT BUNCHES BY PT HARI SAWIT JAYA SUMATERA UTARA FROM THE PERSPECTIVE OF SHARIA ECONOMIC LAW

Liza Zahara Br Hasibuan, Anggie Yolanda Ritonga — Wed, 03 Dec 2025 00:00:00 +0700

This article examines the practice of determining the price of fresh fruit bunches (FFB) of oil palm by PT Hari Sawit Jaya in North Sumatra from the perspective of Islamic economic law. This article uses an empirical juridical method with data obtained through interviews, participant observation, and documentation to explore the pricing mechanism and farmer involvement. The results of the study show that the pricing determined by PT Hari Sawit Jaya is often non-transparent and unilateral, without involving partner farmers, thereby causing injustice and economic losses for farmers. This practice contradicts the principles of Islamic economic law, which emphasises fairness, openness, and mutual agreement without uncertainty (gharar) and injustice (zulm). Although the company attempts to adjust prices to market conditions, the absence of transparent and participatory mechanisms leaves farmers in a weak bargaining position. This study also highlights the importance of the government's role in supervising and facilitating price setting in accordance with regulations and sharia principles in order to create fair and sustainable partnerships. In conclusion, the pricing of FFB at PT Hari Sawit Jaya needs to be reformed by increasing transparency, fairness, and farmer participation in accordance with sharia economic principles to strengthen farmer welfare and the stability of the palm oil industry. These findings are important as a reference for public policies that support the sustainability of the palm oil plantation sector in Indonesia.

THE ROLE OF THE ACEH ULEMA COUNCIL AND MUSLIM CONSUMER PROTECTION IN HALAL CERTIFICATION OF FOOD AND BEVERAGE PRODUCTS FROM THE PERSPECTIVE OF SHARIA ECONOMIC LAW

Laily Saprina, Soraya Devi, Misran — Fri, 05 Dec 2025 00:00:00 +0700

This article aims to analyse the role of the Aceh Ulama Council (MPU) in the implementation of halal certification for food and beverage products, and its relation to the protection of Muslim consumers, from the perspective of Islamic economic law. The research method used is qualitative, with a juridical-empirical approach, drawing on literature studies, related regulations, and interviews with consumers and the Aceh MPU LPPOM. The results of the study show that although Aceh Qanun No. 8 of 2016 on the Halal Product Guarantee System has been in effect since 2016, its implementation remains suboptimal. This can be seen from the large number of food and beverage products, including imported products, that are circulating without halal labels. LPPOM MPU Aceh plays a role in the halal certification process through administrative checks, laboratory testing, and certificate issuance. Still, its implementation is hampered by low consumer awareness, limited business compliance, and a lack of coordination among relevant institutions. From a Sharia economic law perspective, the existence of halal certification is not only a form of protection for Muslim consumers but also the implementation of the halalan thayyiban principle to safeguard the interests of the people and create a sense of security in the consumption of everyday products. Therefore, strengthening regulations, increasing the capacity of business actors, and continuously educating the public are essential steps to raise awareness of the importance of halal products and achieve the objectives of Islamic economic law optimally.

DISHARMONY IN THE REGULATION OF ZAKAT AS A TAX DEDUCTION FROM THE PERSPECTIVE OF ACEH’S SPECIAL AUTONOMY REGION OF INDONESIA

Nabillah Izzati, Armiadi Musa, Husni bin Abdul Ajalil — Tue, 20 Jan 2026 00:00:00 +0700

The differences in zakat regulation between the national taxation system and the Aceh legal system raise significant legal and fiscal issues, particularly regarding the mechanism for its deduction from income tax. Within the national legal framework, zakat is positioned as a tax deduction from taxable income, as stipulated in the Income Tax Law and its implementing regulations. Conversely, Article 192 of Law Number 11 of 2006 concerning the Government of Aceh places zakat as a tax credit, as part of Aceh’s special status in the application of Islamic law. This study aims to analyse the position of zakat in both legal regimes and examine the implications of regulatory disharmony and the absence of implementing regulations on the effectiveness of zakat as a fiscal instrument. The research method used is normative legal research with a legislative, conceptual, and comparative approach. The results of the study show that the differences in zakat deduction mechanisms are substantive, as they are based on distinct tax calculation structures and produce distinct fiscal impacts on taxpayers. Furthermore, Article 192 of the Aceh Government Law remains normatively valid as lex specialis and cannot be limited by Government Regulation No. 60 of 2010. However, in practice, the two mechanisms for reducing zakat as income tax deductions have not been implemented at all due to the lack of harmonisation of regulations and adequate administrative mechanisms.

The LAW ON THE USE OF CRYPTOCURRENCY AS CURRENCY ACCORDING TO SHARIA ECONOMIC LAW

Ahmad Faizul Akbar Khatib, Kamaruzzaman, Riadhus Sholihin — Thu, 29 Jan 2026 00:00:00 +0700

This study examines the legal status of cryptocurrency as a medium of exchange under Islamic economic law. As digital currencies such as Bitcoin and Ethereum continue to gain acceptance in modern financial systems, their compatibility with Sharia principles has become a topic of ongoing academic debate. Using a qualitative approach based on a literature review, this study examines scholarly sources on cryptocurrency, Islamic commercial law, and the broader field of Islamic economics. This discussion highlights key concerns in Islamic jurisprudence, particularly those related to uncertainty (gharar), speculative risk (maysir), and the determination of clear and intrinsic value (qimah). The research findings reveal a spectrum of opinions among scholars, reflecting diverse interpretations among Islamic legal experts. Several scholars argue that the volatile and decentralised nature of cryptocurrency inherently makes it incompatible with established Shariah principles, due to its potential for excessive uncertainty, lack of clear value, and speculative behaviour. However, other scholars argue that, under certain conditions, cryptocurrency can be considered a permissible digital asset, provided it does not contain elements that contradict basic Sharia principles. This study concludes that although the use of cryptocurrency is not absolutely prohibited, a cautious approach is necessary to ensure compliance with ethical principles, social justice, and the broader public interest. Therefore, establishing a clear regulatory framework, along with authoritative fatwas, is essential to provide guidance and legal certainty for Muslim financial actors in digital transactions

ISLAMIC LEGAL REVIEW OF SINGLE-SIDED COMMISSION CHANGES BY SELLERS ON TIKTOK AFFILIATES

Lailatul Maghfirah, Shabarullah — Thu, 29 Jan 2026 00:00:00 +0700

This article analyses the validity of unilateral commission changes in the TikTok Affiliate Programme by focusing on the principle of antaradhin minkum as a substantive requirement of muamalah contracts. It relates it to the nature of affiliate agreements as standard digital agreements from a contract law perspective. This article takes a normative, conceptual approach to examine consent (ridha) in Islamic jurisprudence, the principles of agreement in civil law, and the construction of consent in digital contracts. To provide a practical context, this analysis is supported by limited empirical illustrations in the form of interviews with active affiliates, which are used as contextual illustrations (illustrative vignettes) rather than as a basis for legal determination. The analysis shows that changes to commissions after performance, without meaningful re-approval, can constitute formal consent, which does not fully reflect the substantive consent required in muamalah contracts. This condition can affect the validity of the contract and weaken legal protections for affiliates. The authors conclude that regulating digital muamalah practices is important to ensure that contractual consent does not stop at formalities and to ensure substantive consent and a more balanced legal relationship in platform-based affiliate schemes.

ANALYSIS OF THE MECHANISM FOR DETERMINING PROFITS ON GOLD INSTALMENTS AT BANK MUAMALAT’S BANDA ACEH ACCORDING TO THE MURABAHAH AGREEMENT

Syarifah Insyirah Mahzain, Dedy Sumardi — Thu, 29 Jan 2026 00:00:00 +0700

This study aims to analyse the determination of profit margins in gold instalment financing at the Bank Muamalat Banda Aceh Branch under the murabahah contract. Gold instalment financing has become one of the leading products of Islamic banking because it provides easy access to gold ownership through an instalment mechanism. Still, it raises questions about the nature of the profit margins banks apply. In murabahah contracts, profit margins are part of the selling price that must be agreed upon at the outset of the contract and cannot be positioned as compensation for the use of time. Problems arise when financing margins are linked to the instalment period and are perceived by some customers as part of the instalment system. This study uses a qualitative, normative-empirical approach, reviewing the provisions of the murabahah contract in the DSN-MUI fatwa and sharia economic law literature, and collecting empirical data through interviews and observations. The study shows that the profit margin in gold instalment financing is determined and agreed upon from the outset of the contract and is included in the gold’s selling price. However, there are still differences in customers’ understanding of the margin’s position in the contract structure. This study concludes that, normatively, the determination of the margin is consistent with the murabahah contract. Still, a deeper understanding of the contract is needed so that financing practices continue to reflect the characteristics of sharia-compliant buying and selling.

ANALYSIS OF THE CONCEPT OF PROFIT-SHARING PARTNERSHIPS FOR SMALL AND MEDIUM ENTERPRISES AT HOCO COFFEE BANDA ACEH FROM THE PERSPECTIVE OF FIQH MUAMALAH

Hony Khairunnisa Kobat, Analiansyah, Azka Amalia Jihad — Fri, 13 Feb 2026 00:00:00 +0700

This study aims to analyse the partnership contract forms between Hoco Coffee Banda Aceh and MSME actors and to review their compliance with the principles of musyarakah in Islamic economics. The study uses a qualitative approach with descriptive-analytical methods through interviews and documentation. The results show that the partnership is implemented through a verbal agreement based on trust (gentleman’s agreement), reinforced by standard operating procedures (SOPs) and a digital recording system, without a formal, legally binding written contract under civil law. In terms of bargaining power, Hoco Coffee has structural dominance because it controls the location, facilities, and payment system. However, MSME partners still have bargaining power through product differentiation and brand strength. This partnership model reflects the concept of musyarakah, in which Hoco contributes non-cash capital, including premises, facilities, and promotion. In contrast, MSMEs contribute operational expertise and products. According to Imam Malik’s view, capital contributions need not be in cash; such partnership practices are valid as long as the distribution of profits and responsibilities is clearly agreed upon. This study concludes that the partnership between Hoco Coffee and MSMEs is collaborative, semi-symmetrical, and substantially consistent with sharia principles on capital contributions and profit sharing.

THE LEGAL ENFORCEMENT OF CONSUMER PROTECTION LAW IN THE CIRCULATION OF IMPORTED PHARMACEUTICALS

Anis Abdul Rauf, Chairul Fahmi, Muhammad Husnul — Tue, 24 Feb 2026 00:00:00 +0700

The circulation of imported pharmaceutical products in the era of globalization presents significant challenges to consumer protection, particularly regarding safety, quality, and halal assurance. Indonesia and Malaysia, as countries with predominantly Muslim populations, have a strategic interest in ensuring that imported medicines circulating in domestic markets comply with health standards and consumer protection principles. This study aims to analyse and compare the enforcement of consumer protection laws in the circulation of imported medicines in both countries, covering regulatory frameworks, supervisory institutions, registration mechanisms, and sanctions for violations. The research employs normative legal methods, including the statutory, comparative, and conceptual approaches. The study is expected to provide an in-depth understanding of the legal framework and oversight mechanisms for imported medicines and serve as a reference for strengthening consumer protection policies in the pharmaceutical sector.

POST-CERTIFICATION GOVERNANCE: AN EXAMINATION OF INSPECTORIAL OVERSIGHT AND BUSINESS COMMITMENT IN ACEH’S HALAL REGULATORY FRAMEWORK

Vira Yuniar, Irwansyah, Muhammad Iqbal — Wed, 01 Apr 2026 00:00:00 +0700

This study examines the effectiveness of the LPPOM MPU Aceh supervision system in ensuring business operators’ post-certification commitment to halal certification. The background to the research is the phenomenon of inconsistent compliance by business operators with halal standards, as revealed by the 2023 inspection, which found that 26.4% of 87 businesses in Banda Aceh did not meet halal standards despite holding valid certificates. This study employs a descriptive qualitative approach, combining primary data from in-depth interviews with LPPOM MPU Aceh officials, halal auditors, and business operators, alongside secondary data from supervision reports and relevant regulations. The research findings indicate that LPPOM MPU Aceh implements a multi-layered supervision mechanism through routine and unannounced inspections, with 39 auditors overseeing 900–1,000 business units. Practices on the ground face complex challenges, including a limited auditor-to-business operator ratio (1:23–26), a lack of operational funding, and a gap in business operators’ understanding of the principles of the Halal Assurance System (SJPH), which reduces the effectiveness of supervision by 20–30% with coverage of only 60–70% of priority targets. Violations identified include the use of non-certified ingredients, cross-contamination, and non-compliance with product composition requirements. This study concludes that although the supervision system based on Aceh Qanun No. 8 of 2016 has served as a structured compliance framework, its effectiveness requires improvement through digital transformation grounded in risk management, institutional capacity building, and the development of a more adaptive supervision model tailored to SME characteristics.