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Kholil Syu'aib
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INDONESIA
Legal Protection for the Partnership Agreement Parties
Published by Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi
ISSN : 1412436X     EISSN : 25409522     DOI : https://doi.org/10.30631/alrisalah.v22i1.1118
Core Subject : Economy, Social,
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Al-Risalah Forum Kajian Hukum dan Sosial Kemasyarakatan particularly focuses on the main problems in the development of the sciences of sharia and law areas. It publishes articles and research papers concerning Islamic law, Islamic legal thought, Islamic jurisprudence, Islamic economic laws, criminal law, civil law, international law, constitutional law, administrative law, economic law, medical law, customary law, environmental law and so on.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol 11 No 02 (2011): December 2011" : 6 Documents clear
Reaktualisasi Nilai-Nilai Keislaman Untuk Membangun Karakter Bangsa Idzan Fautanu
Al-Risalah Vol 11 No 02 (2011): December 2011
Publisher : Faculty of Sharia, Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (382.913 KB) | DOI: 10.30631/alrisalah.v11i02.465

Abstract

The major citizens of Indonesia are Muslim, and even the biggest in the world. However, the phenomenon of conflict on behalf of religions and ethnics which resulted violence has been a big concern for this country. To solve that problem, we need to build the nation‐character of the Indonesians so that they have the sense‐ofnationalism. The question is how can the Islamic and Indonesian values build the nation‐character? Basically, the nation‐character can be established through moral value. This establishment can be built by two aspects: autonomy (education) and heteronomy (environment). Besides that, the empowerment of Indonesian values and views, which are the result of cultural and religion Islamic values, we need to establish and develop the characters from several aspects: physical, spiritual, emotional, and intellectual. The application of Indonesian and Islamic values will hopefully build effective and high nation‐characters.
Kontroversi Perkawinan Beda Agama di Indonesia Sri Wahyuni
Al-Risalah Vol 11 No 02 (2011): December 2011
Publisher : Faculty of Sharia, Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (393.751 KB) | DOI: 10.30631/alrisalah.v11i02.466

Abstract

This article discusses law problem of marriage between different religions in Indonesia, especially after the application of Bill number 1 year 1974 about marriage. In this discussion, the marriage between different religions is difficult to be done after the application of that Bill. Because of inadequate explanation about different‐religion marriage on the bill, there occurs problems on the interpretation and application. Referring to the Bill of Marriage Chapter 2, it is stated that it is not allowed to marry a person with different religion. However, based on Bill of Marriage number 66, the law expert stated that there is a vacant in that law, thus the rules of different‐religion marriage can be applied. In that way, the marriage between different religions can be done in the register office. On the reality, people of Indonesia still demand the application of marriage between different religions. That conclusion is gathered from the many marriages between different religions which relatively difficult to be done. For that reason, that problem needs to get solution.
Respon Pemerintah Lokal Terhadap Gerakan Sosial Politik Petani di Kanagarian Mungo Kabupaten 50 Kota Provinsi Sumatera Barat Dewi Anggaraini
Al-Risalah Vol 11 No 02 (2011): December 2011
Publisher : Faculty of Sharia, Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (507.594 KB) | DOI: 10.30631/alrisalah.v11i02.468

Abstract

The Agricultural conflict which delivers farmers strikes has already colored the socio-political condition in Indonesia since colonialism era till reformation era. One of Frmer’s movements still happens in mungo village. Luak sub-district, 50 kota district, west Sumatra Province. On that village live 300 families who stay on claim to own the land belongs to Indonesia agriculture department and protected by using-rig ht certivicate number 03.05.01.4.00005. The farmers denied the certivicate and claim that they have more rights to that land based on rental agreement dutch government in 1918 and there has been any changing on the agreement, which means that land (according to the farmers) is not included into erfpaccht verponding lands which became the foundation the publidhing of using-right certivicate on behalf of agriculture department. This farmer movement was responded by the local government b many policies which cannot be accepted by farmers because the policies made without consulting to farmers . the responses of local govertment categorized into: local government of west-sumatra province, 50 kota district, luak sub-district, and mungo village, with different policies.
Peranan Hukum Dalam Pembangunan Ekonomi Negara Menurut Pandangan Ibnu Khaldun M Lohot Hasibuan
Al-Risalah Vol 11 No 02 (2011): December 2011
Publisher : Faculty of Sharia, Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (513.635 KB) | DOI: 10.30631/alrisalah.v11i02.469

Abstract

The law is no longer a record of behaviors which shape the live of society; instead the law is expected to reveal the new powers which expect the properity of the society. As the result, almost all aspects of life are tied by law. The law should also realize that there are external factors which effect the law in the application in reality. In that way, when designing the law policy, the designer needs to condisioner some aspect such as psychology, sociology, and geografhy. Concerning on the development of national econ oconomy, ibnu khaldun stated that law should be based on religion rule for the reason that the law will organize the economic system well to be balance and develop the economic productivity.
Studi Tentang Penerapan Fatwa Bunga Bank di Indonesia Yuliatin Yuliatin
Al-Risalah Vol 11 No 02 (2011): December 2011
Publisher : Faculty of Sharia, Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (559.063 KB) | DOI: 10.30631/alrisalah.v11i02.470

Abstract

The goal of this writing is to discuss the application of the verdict of bank interest in indosia. Based on the Indonesian council of religious scholars, the bank interest is illegitimate. Unfortunately, most of muslim including NU and Muhammadiyah though that verdict was made and applied without well-consideration. The Indonesian council religious scholars, on the other hand, stated that the verdict is flexible, so the Indonesia my follow or not . there fore, this article discusses the verdict of Indonesian council of religious scholars from methodological and content aspect. From methodological aspecy, Indonesian council of religious scholars only consider the secondary sources, such as the scriptures and the muslim scholars agreement, and else. Based on the content, the Indonesian council of religious scholars considers conventional bank interest as illegitimate based on its account. Also, muslim has another alternative for bangking that is Islamic banks (sharia banks) wich give facilities to the people. If there is no islamic banks, the muslim my make accounts in conventional.
Tafsir Atas Melawan Sifat Materil Yang Dilakukan Oleh Pejabat Administrasi Negara Dalam Kaitan Dengan Tindak Pidana Korupsi Erdianto Efendi
Al-Risalah Vol 11 No 02 (2011): December 2011
Publisher : Faculty of Sharia, Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (386.773 KB) | DOI: 10.30631/alrisalah.v11i02.471

Abstract

This writing concerns on Material‐Law contracharacter in putting corruptors in court in Indonesia. In the Bill number 20 year 2001 referring to Bill number 31 year 1999, it has been elaborated the position of law contradiction. Yet, that definition is lack of clarity that results in violation of the law,especially to the claimant (prosecutor). Real fact on the application of that Bill shows that there is uncertainty in the law enforcement of corruption. Therefore, the subjectivity of interpreting materiallaw contra‐character contradicts with the legal aspect of Indonesian crimanal‐law ally result in the violation of people human rights.

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