JURISTA: Jurnal Hukum dan Keadilan

Reassessing the Philip Morris v Australia Plain Packaging Dispute in International Economic Law

Faisal Fauzan — 2026-06-01

This article reassesses the legal significance of the tobacco plain packaging disputes arising from Australia’s Tobacco Plain Packaging Act 2011 through the integrated lenses of international trade law, intellectual property law, investment treaty law, and constitutional property doctrine. Rather than treating Philip Morris v Australia as a simple conflict between trademark protection and public health, the article argues that the dispute is best understood as a test of the regulatory space preserved for states within an increasingly constitutionalised system of international economic law. Using doctrinal legal research, treaty interpretation under Articles 31–33 of the Vienna Convention on the Law of Treaties, comparative case analysis, and a public-law approach to investment adjudication, the article examines three interconnected proceedings: the High Court of Australia’s decision in JT International SA v Commonwealth; the WTO disputes concerning Australia’s tobacco plain packaging measures; and the investor–state arbitration initiated by Philip Morris Asia under the 1993 Australia–Hong Kong investment treaty. It further compares the Australian dispute with Philip Morris v Uruguay, Methanex v United States, Saluka v Czech Republic, Chemtura v Canada, and Tecmed v Mexico. The analysis demonstrates that trademark and investment protections do not create an affirmative entitlement to an unchanging regulatory environment. The High Court’s distinction between deprivation and acquisition, the WTO’s interpretation of “unjustifiably” in TRIPS Article 20, and the investment tribunal’s rejection of post-dispute treaty shopping collectively point toward a model of bounded economic rights: private rights remain legally protected, but their exercise is conditioned by legitimate, non-discriminatory, evidence-based regulation. The article concludes that the enduring contribution of the Australian plain packaging litigation lies not in establishing an unlimited public-health exception, but in clarifying the legal techniques through which regulatory autonomy can coexist with international economic commitments.

Legal Dilemma of Consumer Protection Under an Algorithmic Pricing Regime

Ugochukwu Ehirim — 2026-06-02

The emergence of smart technologies has introduced machine learning algorithms with increasingly sophisticated capabilities to predict the categories of goods a particular class of persons may purchase, and, within a determined price range, a development that has threatened the cardinal principles of privacy and pricing equity, thereby posing ethical and legal challenges. The prospect that algorithms could promote efficiency by optimizing markets dwindles in light of the grievous harm consumers suffer from a lack of pre-information and behavioral biases that disproportionately affect identifiable consumer groups. This paper examines the efficiency of current data governance and consumer privacy regulations, highlighting the need to balance regulation with the progressive social values of artificial intelligence (AI) technologies by evolving algorithm-centered approaches. It adopts the doctrinal methodology of juridical research to analyze primary and secondary source materials. It is demonstrated that most pricing algorithms discreetly violate the GDPR applicable in Europe and its legislative transpositions, including the Nigerian Data Protection Act (NDPA), which primarily protects consumers’ rights in the European Community and Nigeria, respectively. It proposes the following solutions, among others: i) the liberalization of policing algorithms and other monitoring tools to enable users and civil society to track breaches of consumers’ rights and extant laws effectively; ii) synergy among regulatory agencies across sovereign borders; iii) Adoption of China’s cutting-edge policy unmasking the black box for proper interpretation of the AI decision-making process. These measures would streamline the battlefield by precisely defining the limits of AI’s intervention in market forces and consumers’ liberties.

Postnatal Medical Claims By Midwives Through Social Security In Kembang Tanjong, Pidie

Rayhan Fazira — 2026-06-02

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.

A Fiqh Muamalah Analysis of the Profit-Sharing Partnerships for SMEs at HOCO Coffee Banda Aceh

Hony Khairunnisa Kobat — 2026-06-05

This study aims to analyse the form of partnership contracts between Hoco Coffee Banda Aceh and MSME actors and 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 contract is technically carried out through a verbal agreement based on trust (gentleman's agreement), reinforced by standard operating procedures (SOP) and a digital recording system, without a formal written contract that is legally binding under civil law. In terms of bargaining power, Hoco Coffee has structural dominance because it controls the location, facilities, and payment system, but MSME partners still have bargaining power through product differentiation and brand strength. This partnership model reflects the concept of musyarakah, in which Hoco contributes in the form of non-cash capital in the form of premises, facilities, and promotion, while MSMEs contribute operational expertise and products. Based on Imam Malik's view, capital contributions do not have to be in the form of cash, so that such partnership practices can be considered valid as long as the distribution of profits and responsibilities are clearly agreed upon. This study concludes that the partnership between Hoco Coffee and MSMEs is collaborative, semi-symmetrical, and substantively in line with sharia principles in terms of capital contributions and profit sharing.

Sharia Economic Law on Palm Fruit Bunch Pricing Practice by PT Hari Sawit Jaya Sumut, Indonesia

Liza Zahara Br Hasibuan — 2026-06-04

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, drawing on data from 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 financial law, which emphasise 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 to create fair and sustainable partnerships. In conclusion, the pricing of FFB at PT Hari Sawit Jaya needs to be reformed to increase 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 significant as a reference for public policies that support the sustainability of the palm oil plantation sector in Indonesia.

The The Use of Cryptocurrency as Currency According to Sharia Economic Law

Ahmad Faizul Akbar Khatib — 2026-06-10

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 Unilateral Commission Changes by Sellers on TikTok Affiliates

Lailatul Maghfirah — 2026-06-10

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.

An Analysis of Profit Determination for Gold Instalments at Bank Muamalat Banda Aceh Under Murabahah

Syarifah Insyirah Mahzain — 2026-06-11

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.

Analysing the disharmony in zakat tax deduction regulations within Aceh's special autonomy region of Indonesia

Nabillah Izzati — 2026-06-15

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 Legal Enforcement of Consumer Protection Law in The Circulation of Imported Pharmaceuticals in Indonesia and Malaysia

Anis Abdul Rauf — 2026-06-14

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

Vira Yuniar — 2026-06-15

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.

Islamic Economic Law Study on Under-the-Counter Car Credit Sales at Ijonk Jaya Showroom, Aceh Besar

Aulia Dhuhri Phonna — 2026-06-15

The growing demand for motor vehicles has led to the emergence of informal car credit sales as an alternative form of financing that is easier and more flexible. This study aims to analyse the practice of private car credit sales, identify the factors underpinning it, and examine its compatibility with the principles of Islamic economic law. This study employs a qualitative approach using field research methods, with data collection techniques including interviews, observation, and documentation. The results indicate that these credit transactions are conducted directly between the seller and the buyer without involving formal financing institutions, based on simple agreements founded on trust. The primary factors underpinning this practice include ease of access, consumers’ economic circumstances, business strategies of the operators, and the influence of the social environment. A review of Islamic economic law indicates that these practices do not yet fully comply with the principles of contractual clarity, justice, and transparency, and thus potentially contain elements of gharar and legal uncertainty. Therefore, improvements are required in the transaction system through the drafting of clearer contracts and an enhanced public understanding of the principles of Islamic economic law to ensure fair, secure, and Sharia-compliant transactions.

Consumer Protection Under Islamic Law In E Commerce Transactions in Pidie District, Indonesia

M. Darul Kamal — 2026-06-17

This paper examines consumer protection in online buying and selling transactions via Shopee according to Islamic law (a case study in Sigli City). It employs qualitative research methods and a normative juridical approach. Data was obtained through interviews and direct review of the accounts @mawaddah and @warahmah. The results indicate that errors were made by the seller, as well as a lack of response from the seller to complaints from buyers, and the seller is not held responsible for these errors. According to Islamic law, all types of transactions are permissible, provided they adhere to and comply with applicable Islamic law. All buying and selling activities must meet the relevant requirements and legal provisions. Once these conditions are met, the rights and obligations of both parties apply.

Medical Cannabis in Indonesia

Sulfanwandi — 2026-06-20

Indonesia’s categorical exclusion of Schedule I narcotics from health services has made medical cannabis a test case for the relationship among scientific uncertainty, constitutional health rights, international drug control, and Islamic legal reasoning. This article asks whether the existing prohibition remains normatively defensible and, if reform is justified, what form it should take. Using doctrinal, comparative, and maqāṣid-based analysis, it examines Law No. 35 of 2009, the 1961 Single Convention, Constitutional Court Decisions No. 106/PUU-XVIII/2020 and No. 13/PUU-XXII/2024, selected clinical evidence, and regulatory developments in Germany and Thailand. The article makes three claims. First, legal analysis must distinguish the cannabis plant, intoxicating tetrahydrocannabinol, non-intoxicating cannabidiol, and standardized cannabinoid medicines; therapeutic evidence is indication- and product-specific, not a warrant for unrestricted legalization. Second, the Constitutional Court’s restraint is institutionally understandable, but its repeated demand for Indonesian research creates a governance obligation that cannot be satisfied by indefinite executive inaction. Third, Islamic doctrines of necessity, proportionality, harm prevention, and maqāṣid do not support recreational use, yet can justify tightly supervised therapeutic access where benefit, dosage, and lack of adequate alternatives are clinically established. The article therefore proposes a staged regulatory pathway: research authorization, product-specific assessment, specialist prescribing, pharmacovigilance, traceability, and periodic review. This approach protects both life and intellect without collapsing medical access into commercial legalization.

Aceh Ulema Council and Consumer Protection Roles in Halal Food-Beverage Certification Under Sharia Economic Law

Laily Saprina — 2026-06-20

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 is evident in the large number of food and beverage products, including imported products, that circulate 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.

Commercialising Public Office in Indonesia

Nurdin Bakri — 2026-06-25

The commercialisation of public office—commonly described in Indonesia as jual-beli jabatan—converts bureaucratic appointment, promotion, and transfer into exchangeable political-economic assets. This article develops an interdisciplinary socio-legal account of the practice by integrating anti-corruption law, public-administration scholarship, political patronage, evidentiary doctrine, and Islamic criminal jurisprudence. It argues that office-selling is not adequately understood as an episodic bribery offence. Rather, it is a governance mechanism through which electoral costs, patron-client networks, discretionary personnel authority, and rent extraction become mutually reinforcing. The analysis revisits prominent Indonesian cases at ministerial and local-government levels and identifies three recurrent enforcement problems: symbiotic secrecy between giver and recipient, reliance on intermediaries and informal payments, and the incomplete domestication of the United Nations Convention against Corruption concept of trading in influence. It then reads Qurʾān 4:58 and 2:188 through a maqāṣid-oriented framework, particularly the ideas of public trust, justice, protection of wealth, and institutional welfare. The article concludes that a credible response requires simultaneous criminal-law reform, independent merit-system oversight, digital traceability of senior appointments, stronger whistle-blower protection, and a public-ethics framework that treats appointment power as a fiduciary trust rather than a distributable political reward.

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 — 2026-06-20

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, 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.

Hybrid Legal Ordering and Rural Access to Justice: Bounded Proceduralisation of Mawah Disputes in Aceh

Muhammad Dayyan — 2026-06-25

Rural commercial relationships often operate across state law, religious norms and customary institutions. Their accessibility and social legitimacy can make them effective, but informality may also conceal evidential weakness, unequal bargaining power and inconsistent remedies. This article examines that tension through mawah, an Acehnese profit-sharing partnership for livestock, rice fields and plantations, and through the Village Council for Deliberation (Majelis Duduk Setikar Kampung, MDSK) in Alue Lhok, Aceh Tamiang. Drawing on a normative–empirical case study involving eight purposively selected participants, the article identifies three recurrent disputes—unverified livestock losses, unauthorised sale of rubber yields and contested reductions in rice shares—and shows that their common cause is not oral contracting alone but an absence of agreed information, verification and accountability rules. The article argues that neither legal centralisation nor uncritical reliance on customary reconciliation offers an adequate response. It develops a model of bounded proceduralisation instead: selective formalization of minimum safeguards while preserving the normative identity, language and relational function of the customary forum. The proposed five-stage model combines pre-contract recording, complaint and fact verification, tiered deliberation, restorative settlement, and registration with monitoring and referral. Its contribution is twofold. It explains how legal pluralism can be organised as an accountable process rather than merely recognised as a social fact, and it specifies safeguards—impartiality, informed consent, a basic evidential record, written outcomes and access to formal remedies—through which community justice may advance rural access to justice without becoming a miniature court.