Fox Justi : Jurnal Ilmu Hukum

Implementation of the Decree of the Head of BPJPH No. 20 of 2023 Concerning Amendments to the Decree of the Head of BPJPH No. 57 of 2021 and LPPOM MUI Number SK 46/DIR/LPPOM MUI/XII/14 Regarding the Practice of Buying and Selling Food with Inappropriate Names (Case Study of Food Venues in Binjai City)

2026-05-01T13:01:31+00:00

This study aims to analyze the implementation of the Decree of the Head of BPJPH Number 20 of 2023 and LPPOM MUI SK Number 46/DIR/LPPOM MUI/XII/14 regarding the practice of naming inappropriate food products in culinary Micro, Small, and Medium Enterprises (MSMEs) in Binjai City. The phenomenon of using controversial or inappropriate product names, such as “Nasi Goreng Satan,” reflects a growing trend in marketing strategies that prioritizes uniqueness and consumer attraction, yet raises concerns in terms of compliance with the halalan thayyiban principle. In particular, such naming practices pose administrative and ethical challenges in fulfilling halal certification requirements, especially in relation to decency, Islamic values, and public perception. This research employs a qualitative method with a socio-legal approach, aiming to examine not only the regulatory framework but also its implementation in real social contexts. Data were collected through in-depth interviews with business actors and Halal Product Process Assistants (PPPH), field observations of culinary MSMEs, and analysis of relevant regulatory documents. The data analysis technique utilizes SWOT analysis (Strengths, Weaknesses, Opportunities, Threats) to identify key issues and formulate appropriate mitigation strategies for business actors. The results indicate that there is a significant gap between existing halal product naming regulations and actual branding practices in the field. This gap is primarily caused by the low level of literacy and understanding among MSME actors regarding halal regulations, as well as concerns about losing brand identity and commercial attractiveness when changing product names. Furthermore, weak socialization and limited assistance contribute to the persistence of such practices. To address these challenges, this study proposes several mitigation strategies, including strengthening halal literacy through digital platforms and social media, enhancing persuasive and continuous assistance by PPPH, and reconstructing brand identity that aligns with ethical and decency values while maintaining market competitiveness. These strategies are expected to support MSMEs in achieving halal compliance without compromising their business sustainability and branding effectiveness

Analysis of the Implementation of DSN-MUI Fatwa Number 25/DSN-MUI/III/2002 Concerning Rahn (Pawn) and Financing Restructuring Solutions at Pegadaian Syariah Binjai

2026-05-01T13:02:32+00:00

This study aims to analyze the implementation of DSN-MUI Fatwa No. 25/DSN-MUI/III/2002 concerning rahn (Islamic pawn) and to examine financing restructuring solutions at Pegadaian Syariah Binjai. Rahn is one of the rapidly growing Islamic financing products, as it offers an alternative mechanism that is free from usury and aligned with Sharia principles. However, in practice, there are still potential inconsistencies, particularly in the determination of ujrah (service fees) and the handling of problematic financing. This research employs a descriptive qualitative method with a field research approach. Data were collected through interviews with Pegadaian staff and customers, as well as through relevant documentation. The data analysis techniques include data reduction, data display, and conclusion drawing. The results indicate that the implementation of the DSN-MUI fatwa at Pegadaian Syariah Binjai is generally in accordance with Sharia principles, especially in terms of rahn contracts and the prohibition of usury. However, there are indications that the determination of ujrah is not entirely independent of the loan value. In addition, problematic financing is mainly caused by customers' economic conditions and their limited understanding of the contract. To address these issues, the institution applies financing restructuring mechanisms such as rescheduling, reconditioning, and restructuring, which are considered effective and remain compliant with Sharia principles.

The Resource Management Strategy of Nazir and Religious Instructors in Empowering Waqf Potential at the Religious Affairs Office (KUA) of East Binjai District

2026-05-23T17:40:22+00:00

This study discusses the role of nazhir and religious instructors and strategies for strengthening both in empowering the potential of waqf at the Office of Religious Affairs (KUA) of East Binjai District. Waqf is an Islamic economic instrument that has great potential in improving community welfare if managed professionally and productively. However, waqf management in East Binjai District still faces various obstacles, such as low public understanding of productive waqf, suboptimal management of waqf assets, and limited human resource competency in waqf management. This study aims to determine the role of nazhir in waqf management, the role of religious instructors in raising public awareness about waqf, and strategies for strengthening the role of nazhir and religious instructors in empowering the potential of waqf at the KUA of East Binjai District. The research method used is a qualitative method with a descriptive approach. Research data were obtained through observation, interviews, documentation, and literature studies related to waqf and its empowerment. The results show that nazhir has an important role in the administration, management, development, and protection of waqf assets so that they can be used productively for the benefit of the community. Meanwhile, religious instructors act as educators, motivators, facilitators, and community mentors to increase public understanding and participation in productive waqf. Strengthening strategies include improving the quality of human resources through training and coaching, public outreach on productive waqf, improving the administration and legality of waqf assets, strengthening inter-institutional cooperation, and utilizing information technology in waqf management.

Legal Review of Online Buying and Selling Transactions

2026-05-25T13:39:36+00:00

In online buying and selling practices, common issues include non-delivery of goods, items not as described, late delivery, and damaged goods, which can lead to legal issues. Losses can be experienced not only by consumers but also by businesses selling their goods using the cash on delivery payment method. Agreements made in online buying and selling transactions are still premature because buyers only see the goods listed in the advertisement. The purpose of this research is to determine the legal impact on online buying and selling transactions. The type of research used is normative and empirical research. The normative research is conducted through literature studies from various sources, including legislation, books, journals, and information from online media. Meanwhile, empirical research obtains field data as the main data source, such as the results of interviews and observations. Online buying and selling has the potential to lead to unlawful acts, especially criminal violations, such as providing false information about advertised products, deception between sellers and buyers because the goods that have been paid for do not reach the buyer, or vice versa, goods that have been purchased but not paid for by the buyer. Article 1321 of the Civil Code stipulates that an agreement is legally void if it is made through error, obtained through coercion, or fraud. Researchers recognize that the use of online media for electronic buying and selling transactions must be conducted wisely and in good faith, as potential negligence and crime can result in legal violations.

Implementation of Law Enforcement Towards the Regulation of Street Clowns in Gorontalo City

2026-05-05T01:07:53+00:00

The phenomenon of street clowns in urban areas, particularly in Gorontalo City, is a form of social problem that arises due to economic pressures and limited employment opportunities, and has implications for disrupting public order. Although it has been regulated in Regional Regulation No. 1 of 2018 concerning Public Order, the practice of street clowns continues to occur in public spaces. This study aims to analyze the implementation of Regional Regulation No. 1 of 2018 on controlling street clowns and identify factors that influence the effectiveness of law enforcement. This study uses an empirical legal research type with a descriptive qualitative approach. The research location was carried out in Gorontalo City, specifically at road intersections and public spaces. The research informants numbered 6–8 people consisting of officers from the Civil Service Police Unit, the Social Service, street clowns, and road users, who were selected purposively because they were considered to understand the problem being studied. The data used includes primary and secondary data, obtained through interviews, observation, documentation, and literature review. These data were then analyzed through data reduction, data presentation, and conclusion drawing, with validity testing through source triangulation. The results of the study indicate that policy implementation has been running quite well from an institutional perspective through socialization, enforcement, and guidance. However, it has not been fully effective due to ongoing communication constraints, limited resources, unequal distribution of guidance, and inconsistent law enforcement. Furthermore, economic factors are the primary cause of the continued existence of the street clown phenomenon. Therefore, an approach that is not solely repressive but also encompasses a sustainable social empowerment program is needed. These findings provide important implications for public policy development, particularly in creating more comprehensive and long-term solution-oriented handling.

The Paradox of Nihil Punishment Regulation for Corruption as an Extraordinary Crime

2026-05-28T01:04:37+00:00

The imposition of "nihil" (null) punishment on mega-corruption defendants, specifically in the Benny Tjokrosaputro case involving total losses of approximately Rp22 trillion, has sparked intense debate regarding the effectiveness of law enforcement and the public's sense of justice. As an extraordinary crime, corruption should be handled with extraordinary sentencing instruments. However, in practice, the Panel of Judges based the sentencing on Article 67 of the Criminal Code (KUHP), which is designed for ordinary crimes. Consequently, this research aims to analyze the juridical rationality of applying nihil punishment from a welfare state perspective and examine the implications of the legal vacuum within the Anti-Corruption Law (UU Tipikor) on the effectiveness of corruption eradication. Using normative legal research methods, the results indicate that nihil punishment creates a legal anomaly where extraordinary crimes are degraded to ordinary ones, thereby obscuring the dignity of the Anti-Corruption Law as lex specialis. This research proposes a revision of the Anti-Corruption Law by strengthening the extraordinary sentencing system, including the options of the death penalty, aggressive special fines, and the implementation of multiple life sentences to ensure no impunity or legal loopholes for repeat multi-case corruption perpetrators.

Analysis and Strengthening of the Regulation of Digital Assets as Objects of Inheritance in Indonesian Inheritance Law

2026-05-11T17:29:39+00:00

The development of digital assets in Indonesia has shown significant growth, both in terms of the number of users and their economic value. Digital assets such as cryptocurrencies, NFTs, and digital accounts have become part of society's wealth and have the potential to become objects of inheritance. However, the Indonesian inheritance law system does not yet have explicit regulations regarding the status and inheritance mechanisms of digital assets, thus creating legal uncertainty and potentially hampering the protection of heirs' rights. This study aims to analyze the construction of regulations for digital assets as objects of inheritance in Indonesian inheritance law and examine the legal consequences of this lack of regulation on legal certainty and the protection of heirs' rights. The method used is normative legal research with a statutory, conceptual, and interdisciplinary approach through a literature review of primary, secondary, and tertiary legal materials analyzed qualitatively using systematic and grammatical interpretation methods. The results show that digital assets conceptually fulfill the elements of an inheritance object because they have economic value, can be owned, and can be transferred. However, Indonesian positive law does not yet provide clear regulations regarding the inheritance mechanism. This legal vacuum has resulted in legal uncertainty, potential disputes between heirs, difficulties in accessing digital assets, and weak legal protection for heirs. This study concludes that adaptive and comprehensive legal reforms are needed to accommodate the characteristics of digital assets within the Indonesian inheritance law system. These findings are expected to contribute to the development of contemporary inheritance law and serve as an academic basis for formulating legal policies related to the inheritance of digital assets in Indonesia.