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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 22 Documents
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Search results for , issue "Vol 24 No 2 (2024): December 2024" : 22 Documents clear
The Expansion of Investor Access to Cultivation Rights: A Socio-Legal Analysis on Agrarian Injustice in Indonesia Mahfud, Muh.Afif; Djohan, Naufal Hasanuddin
Al-Risalah Vol 24 No 2 (2024): December 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i2.1500

Abstract

Granting cultivation rights for investment interests and ignoring equitable distribution of land ownership can create injustice and agrarian conflict. This is socio-legal research to analyze agrarian conflict through an interdisciplinary lens. All the data obtained is analyzed qualitatively. Based on the study, disharmony is found between the Basic Agrarian Law, which regulates that cultivation rights can only be granted on state land, and the Job Creation Law, which stipulates that cultivation rights can be given over management rights. This overlapping regulation marks a difference in legal policy between the Job Creation Law, which wants to provide convenience to entrepreneurs, and the Basic Agrarian Law, which considers the strategic position of cultivation right so that it is merely granted on state land. This overlapping of legal policy creates legal uncertainty and brings economic implications, creating a higher land ownership inequality between entrepreneurs and the community. Higher landownership inequality brings social implications, namely, higher conflicts in the agrarian sector. This is not according to the principle of protection for weak parties in Indonesian Agrarian Law.
The Collective Ijtihad Practice in Indonesia: The Role of Isbat Sessions in Addressing Legal Paradigm Differences Between Hisab-Rukyat AM, Suhar; Fitra, Tasnim Rahman; Kasdi, Abdurrohman; Istiqomah, Khusnul; Abdurrahman, Abdurrahman; Ahmad, Humaira
Al-Risalah Vol 24 No 2 (2024): December 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i2.1537

Abstract

This article aims to promote the Isbat session as a collective ijtihad practice that can overcome the differences in the legal paradigms of Hisab and Rukyat in determining the beginning of Ramadan in Indonesia. This study uses qualitative-descriptive analysis by observing the practice of the Isbat session in dealing with differences in the legal paradigms of Hisab-Rukyat in Indonesia. Primary data uses official documents from the Ministry of Religious Affairs regarding the Isbat Session from time to time. Then the data is elaborated with secondary data, especially the opinions of scholars regarding the role of collective ijtihad in dealing with differences in the paradigms of Islamic law. The article finds that the Isbat Session is a real example of the practice of collective ijtihad in Indonesia, which combines religious values, science, and the principle of deliberation. Its role is very significant in bringing together the diversity of paradigms and legal views of the Islamic community in Indonesia. Furthermore, the practice of the Isbat session also has an impact on the socio-community aspect in strengthening the unity of Muslims amidst the diversity of legal methods and views. This article contributes to the development of Islamic legal science to become a reference for academics on related issues.
Customary and Islamic Practices in Inheritance Distribution: Insights from The Gampong Customary Court in Pidie Ismail, Faisal Husen; Muzana, Zaitun; Hamat, Zahri; Sulong, Jasni
Al-Risalah Vol 24 No 2 (2024): December 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i2.1544

Abstract

This study explores the methods of inheritance distribution employed by the Gampong Customary Court (Peradilan Adat Gampong) in Pidie. The research aims to shed light on the foundations and decision-making processes behind resolving inheritance disputes in the court. Using a descriptive qualitative approach, the study incorporates both secondary and primary data. Secondary data were gathered through literature reviews of dissertations, books, journals, and newspaper articles, while primary data were collected through interviews. A purposive sampling method was employed, selecting eight informants, including community leaders, religious figures, customary leaders, and intellectuals. A pilot study was conducted to ensure the relevance and accuracy of interview questions. Content analysis was used to examine both primary and secondary data. The study found that the Gampong Customary Court primarily relies on Islamic law and local customs when handling inheritance disputes. This study highlights several practical implications for inheritance management in Pidie, Aceh. The application of ijbari principles ensures compliance with Islamic teachings while respecting local customs. Practitioners must be proficient in both legal frameworks. Additionally, the suloh/syura model, which prioritizes consensus and dialogue, can be employed to resolve inheritance disputes and foster family harmony. Therefore, this study recommends strengthening the role of local leaders in resolving inheritance conflicts to build community trust and reduce the caseload in Sharia courts.
Digital Transformation of Cooperative Legal Entities in Indonesia Sukardi, Didi; Hafizd, Jefik Zulfikar; Muamar, Afif; Hamamah, Fatin; Royani, Esti; Sobirov, Babur
Al-Risalah Vol 24 No 2 (2024): December 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i2.1563

Abstract

Abstract: This article captures the implementation of cooperative legal entities that are still conventional toward digital transformation, considering significant changes in the world. This study aims to describe how to strengthen the role of cooperatives as a pillar of the Indonesian economy, the legal basis for digital transformation, and the digital transformation of legal entity cooperatives in Indonesia. The findings show that transforming the cooperative business model into a digital basis is necessary. Cooperatives can obtain a vast market share by using tools such as website companies, social media, marketplace, and paid online advertising. The legal basis for business transformation from conventional to electronic-based models already exists. Cooperative legal entities can conduct business activities by utilizing digital technology for various activities such as administration, marketing via internet media, advertising using third parties such as Facebook Ads or Google Ads, selling products through online stores, analyzing business trends in the community, building relationships with more parties through social media, member meetings using video call applications, and many more that can be utilized. With the G20 forum, opportunities to expand business to various countries need to be used optimally by cooperatives in Indonesia. Keywords: Digital, Legal Entities, and Cooperatives.
The The Crisis in Red Sea Region: Legal and Socio-Economic Impact on International Commerce Owoche, Antai Godswill; Aidonojie, Paul Atagamen; Mukhlis , Muhammad Mutawalli; Maskun, Maskun; Tajuddin, Muhammad Saleh; Yeyeng, Andi Tentri
Al-Risalah Vol 24 No 2 (2024): December 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i2.1597

Abstract

The continued hijack of shipping vessels on the Red Sea by extremists who claim to have declared war against Israel is one of those blowouts that have been caused by the Israel - Hamas conflict. The journey to unencumbered waters and unfettered shipping access itself has led to several agreements between sovereign states towards the maintenance of seamless high-seas traffic. Unfortunately, non-state actors occasionally come on the scene to wreak havoc and destabilize the fragile peace on international waterways. It is in this regard, that this study tends to examine the Red Sea crisis as it affects global shipping maritime transit and economic growth, especially of African countries vis-a-vis the UN Security Council's role of maintaining world peace and security. The study adopts a doctrinal method of study, the data obtained from primary and secondary sources such as laws and academic literature were analyzed using a descriptive and analytical method. The study therefore found that Rebels are using the pretext of Israel's attacks on Gaza to perpetrate piracy. The Israel - Hamas deadlock has created a deadlocked lose-lose situation for the international community and resulted in new incidents of insecurity within the Red Sea. The study therefore concludes and recommends that the United Nations as the global police especially through the UN Security Council examine all options for securing peace and stability in the Red Sea region as attacks on shipping vessels have global ramifications affecting multiple nationalities and invariably affecting world peace. Keywords: Crisis, Red Sea, Legal, Socio-Economic, International, Commerce.
A Comparative Analysis of Mechanisms for Settlement of Election Disputes: Case Studies of Indonesia and South Africa Sistyawan, Dwanda Julisa; Saraswati, Retno; ALW, Lita Tyesta; Sally, Novian Uticha; Jayawibawa, Marcellus
Al-Risalah Vol 24 No 2 (2024): December 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i2.1610

Abstract

This study provides a comparative analysis of the mechanisms for settling election disputes in Indonesia and South Africa, focusing on transparency, accountability, effectiveness, and efficiency. Despite notable democratic advancements, both nations continue to grapple with challenges that could undermine the legitimacy of electoral outcomes and democratic stability. The research investigates how transparent and inclusive these mechanisms are, the extent of public scrutiny, and the accountability measures in place for responsible parties. It also assesses the timeliness of dispute resolution, enforceability of decisions, and their overall impact on electoral integrity and legitimacy. Key findings highlight the roles of Indonesia's Bawaslu and South Africa's IEC in ensuring openness and public participation while identifying political interference, resource constraints, and procedural complexities as significant challenges. The study further explores best practices such as engaging civil society, simplifying procedures, and adopting technology to enhance dispute resolution mechanisms. Through this analysis, the research contributes to the understanding of electoral governance and offers policy recommendations to strengthen democratic institutions in Indonesia and South Africa.
Finding The Maqashid Al-Syariah Performance Model on Syariah Management Accounting Information System Values Baining, Mellya Embun; Amir, Amri; Hizazi, Achmad; Arum, Enggar Diah Puspa
Al-Risalah Vol 24 No 2 (2024): December 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i2.1642

Abstract

In Indonesia’s Zakat Management Organisation (OPZ) context, managing zakat funds effectively and in line with maqasid al-syariah principles is crucial to maintaining public trust. This study investigates the impact of environmental uncertainty, human resource (HR) competence, internal control, and Islamic organizational culture on the values of the Sharia Management Accounting Information System (SIAMSy) and the performance of zakat management organizations (KOPZ), as well as examining the role of information technology as a moderating factor. Primary data were collected through questionnaires and interviews with zakat management organizations (OPZ) in Jambi Province and analyzed quantitatively. The data analysis technique used is Structural Equation Modeling (SEM) with a Partial Least Squares approach. (PLS). The direct testing results show that HR competency and Islamic organizational culture significantly influence SIAMSy values. On the contrary, environmental uncertainty and internal control do not substantially impact enhancing SIAMSy values. Meanwhile, KOPZ is directly influenced by ecological uncertainty and internal control, while human resource competence and Islamic organizational culture do not significantly affect KOPZ. The indirect testing results explain that human resource competence and Islamic organizational culture have a positive and significant impact on KOPZ through SIAMSy with complete mediation, indicating that the role of SIAMSy values is found in KOPZ from the maqashid al-syariah perspective. Meanwhile, environmental uncertainty and internal control do not positively and significantly impact KOPZ through SIAMSy values in OPZ in Jambi Province. Lastly, information technology cannot provide a moderating effect between variables.  
Efforts To Combine High-Politics And Low-Politics: How Muhammadiyah Special Region of Yogyakarta Wins Its Cadres as Members of the Regional Representative Council of the Republic of Indonesia Suswanta, Suswanta; Sutan, Arissy Jorgi
Al-Risalah Vol 24 No 2 (2024): December 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i2.1577

Abstract

The purpose of this article is to explain Muhammadiyah's personal branding strategy for the Special Region of Yogyakarta in winning its cadre, Ahmad Syauqi Soeratno, to become a member of the Regional Representative Council of the Republic of Indonesia in the 2024 election. Ahmad Syauqi Soeratno won 398,903 votes or 17.32% of the total percentage through this strategy. This political, institutional support is interesting to explain because it shows the practice of low politics, even though Muhammadiyah's political doctrine has been to play a role in high politics or national politics and not low politics, which is power-oriented. This article is the result of qualitative research, which uses interview techniques, observation, documentation, Focus Group Discussion, and Nvivo 12 Plus and Geographic Information System in its analysis. The discussion results show that the personal branding carried out by the Yogyakarta Special Region Muhammadiyah towards Ahmad Syauqi Soeratno can be understood as an effort to combine high politics and low politics in seizing power and policy space. The separation of high and low politics is not rigid in its implementation at the local level. This political flexibility does not mean opportunism because it remains within the framework of preaching reform or tajdid in the political field. To realize the interests of political da'wah, the electoral behavior of Muhammadiyah citizens is more effectively controlled institutionally so that the potential of the Muhammadiyah network can be optimized rather than given the freedom to choose.
The Controversy of Indonesian Democracy Practices in The Post-Reform Fernando, Henky; Larasati, Yuniar Galuh; Abdullah, Irwan; Ismail, Ismail; Yunani, Ahmad; Nastain , M; Morin, Leanne
Al-Risalah Vol 24 No 2 (2024): December 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i2.1594

Abstract

Democracy in post-reform Indonesia does not always work, and this haseven led to controversy. However, this topic remains underexplored in scholarlydiscussions. In response to gaps in previous studies, this research focuses on thecharacteristics, factors, and controversies of post-reform democracy in Indonesia.Employing a qualitative descriptive approach rooted in case studies, this studyhighlights three key findings. First, the involvement of family members of the rulersas public officials occurs massively in high-state institutions. Second, rulersincreasingly use legal instruments to expand their political influence. Third, therulers widely practice limiting freedom of speech for citizens to maintain the statusquo. This study also recommends the importance of future studies to explaincitizens' perceptions of Indonesia's post-reform democracy by conducting intensiveinterviews. Through this process, it is expected that a more comprehensiveunderstanding of the development of democracy in post-reform Indonesia will begained.
Crypto Market Experience: Navigating Regulatory Challenges in Modern Conditions Volkova, Yuliia; Bon, Bohdan; Borysenko, Anton; Leheza, Yuliia; Leheza, Yevhen
Al-Risalah Vol 24 No 2 (2024): December 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i2.1625

Abstract

The legal regulation of digital finance is at an initial stage. It has been proven that many countries are favorable to the full or partial recognition of cryptocurrency as a means of payment, among them: Spain - the official payment system; Germany - monetary unit and form of private money; USA - currency, form of money, Sweden - contractual means of payment; the object of money transfers in certain states, Canada - a means of calculation, etc. It has been established that in Ukraine, the conservative nature of legal regulation of financial relations is considered in the context of implementing digital financial technologies given the task of protecting both public interests and the interests of individuals. Conclusions have been made, first, the issue of legal evaluation of cryptocurrencies is still not finally resolved and their legal nature also remains debatable; second, cryptocurrencies being alternative settlement units pose a threat to the dominance of public currencies, as they enable competition between private financial agents and states; third, according to its essence, electronic money is a kind of electronic promissory note.

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