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Journal : Al-Risalah : Jurnal Imu Syariah dan Hukum

Meaningful Participation in Lawmaking: A Case Study Of The 2025 TNI Law Amendment Kurdi; R. Muhamad Ibnu Mazjah; Teuku Ahmad Dadek
Al-Risalah Vol 25 No 1 (2025): MAY (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.v25i1.56574

Abstract

More meaningful community participation must be applied in the preparation of laws and regulations so that the resulting legal products are responsive or autonomous. Meaningful participation is not applied in the drafting of the TNI Bill. The purpose of this research is to find out the arrangement of meaningful participation in the formation of legislation based on the PUU Law. In addition, it is also to find out the application of meaningful participation in the formation of Law No. 3 of 2025 (TNI Law). This research method is normative juridical with a statutory and conceptual approach, using legal material collection techniques with literature studies. The results showed that meaningful participation is regulated in Article 96 of the PUU Law and must be applied in the drafting of laws and regulations, including the drafting of the TNI law. However, meaningful participation has not been applied perfectly in the drafting of the TNI Law, because public participation in its drafting is still limited to hearing their opinions in public consultation activities, but the legislators do not seriously consider the opinions of civil society, and also do not provide an explanation for the reasons for not using their opinions. In addition, it is difficult for the public to access the academic papers and draft of the TNI Bill because they are not uploaded on the DPR's official website.
Women’s Political Participation in Islamic Law: A Case Study of The West Aceh Legislative Council Kurdi; , Akhmad Ikraam
Al-Risalah VOLUME 25 NO 2, NOPEMBER (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.58922

Abstract

Women's involvement in politics at the national and local levels is an important aspect of democratic state administration. However, there is still a narrative that suggests that women should not be leaders because it is considered incompatible with Islamic principles. This study aims to analyze women's involvement in politics based on the perspective of Islamic law and to find out the reality of women's involvement in politics in the West Aceh District House of Representatives (DPRK). Using empirical legal research methods and a sociological approach, this study found that Islamic law actually allows women to be involved and occupy political positions in various lines of power if the aim is to achieve the public interest, as stated in Surah An-Nisa' verse 26. Women's involvement in politics can increase policy inclusiveness and realize gender equality. However, the reality on the ground shows that women's involvement in politics in the West Aceh DPRK is still low, at only 12% for the 2024-2029 period, far below the 30% threshold specified in Article 245 of the General Election Law. This is due to several factors, including a strong patriarchal culture, lack of support from political parties for female candidates, and inappropriate religious interpretations. Therefore, this study recommends the need for a more in-depth study of the Quran and hadith with attention to gender equality aspects, as well as advocacy to raise awareness of the importance of women's involvement in politics.
Legal Analysis of Ownership Rights to Intangible Movable Property (Digital Assets) From the Perspective of Property Law In Indonesia Kurdi; Muhammad Rizqi Alfarizi Ramadhan; Teuku Ahmad Dadek
Al-Risalah VOLUME 26 NO 1, MAY (2026) (IN PRESS
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.62995

Abstract

The The rapid development of digital assets has posed fundamental challenges to Indonesia's property law system, which is still based on the colonial-era Civil Code (KUHPerdata). This legal system is inadequate to accommodate digital assets, resulting in legal vacuums and regulatory paradoxes. This study aims to analyze the status and regulation of digital asset ownership in Indonesia's property law system and the effectiveness of civil law protection for asset owners in ownership disputes. This research uses a normative approach by analyzing relevant legislation and legal doctrines. The results of the study show that there are legal loopholes and regulatory paradoxes in the regulation of digital asset ownership. The classification of digital assets as “intangible movable property” causes fatal incompatibilities in the process of transferring rights. Legal protection for digital asset owners is also illusory due to procedural paralysis. This study recommends a two-pronged reform, namely redefining the concept of “wealth” in the Draft Civil Code to include digital assets and drafting a lex specialis that regulates the procedural law of evidence and execution of digital assets. Thus, it is hoped that effective legal certainty can be created for digital asset owners in Indonesia.