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Kholil Syu'aib
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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 418 Documents
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Implementation of Rehabilitation for Narcotics Addicts in Positive Legal Perspective and Islamic Law Analisa, Lisa; Kamarusdiana, Kamarusdiana; Adhha, Nurul
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (796.519 KB) | DOI: 10.30631/alrisalah.v22i1.1122

Abstract

This study aims to analyze the concept of rehabilitation of addicts at BABESREHAB BNN Lido West Java so that obstacles and challenges in the implementation of rehabilitation for narcotics addicts can be identified with the help of empirical normative analysis. This research also aims to analyze the actualization – in social rehabilitation, especially the mental coaching room. This research was a legal research with an interdisciplinary socio-legal study. The author uses this study model in order to describe legal issues more meaningfully from both a theoretical and practical point of view. This research was conducted at the Rehabilitation Center of the National Narcotics Agency (BABESREHAB BNN Lido West Java) Lido because this rehabilitation institution is a large rehabilitation center directly owned by the government, which was suspected to have made a major contribution to the success of rehabilitation in accordance with applicable laws and policies. This study also uses a mixed methodology consisting of reviewing legal documents and government policies and institutions under it, focus group discussions, and semi-structured interviews. This study also uses an ethnographic content analysis approach known as Ethnographic Content Analysis (ECA). Research informants consisted of 7 practitioner staff and 4 informants from rehabilitation residents. This study concludes that rehabilitation in Indonesia still requires attention from all parties, government, private, and family in solving all obstacles and challenges in its implementation. The allegation that the Lido National Narcotics Agency Rehabilitation (BABESREHAB BNN Lido West Java) which is directly controlled by the government, has contributed greatly to the success of rehabilitation in accordance with the law, applicable policy, as well as - not yet fully confirmed. This study found several problems in the implementation of rehabilitation, namely, (1) there is no reach out for prospective rehabilitation residents, (2) there are still dilemmas in forced rehabilitation, resident motivation, and vocational training (3) limited number of functional personnel, (4) lack of awareness legal and policy context, (5) Islamic mental development curriculum is not yet comprehensive.
Is Human Trafficking's Victim Receive Zakat as Riqab?: Zakat Distribution at East Java Philanthropic Organizations Ibadi, Nur; Hardi, Eja Armaz
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (526.407 KB) | DOI: 10.30631/alrisalah.v22i1.1210

Abstract

This paper aims to analyze human trafficking victims in the zakat distribution discourse in six philanthropic institutions in East Java and to describe the supporting and inhibiting factors in determining human trafficking victims as riqab. Human trafficking victims have not been touched by the zakat system in Indonesia, while the number of victims has simultaneously increased. This paper utilizes a field study that uses primary data from in-depth interviews with top leaders of six zakat institutions under the National Amil Zakat Agency. In addition, this paper also uses secondary data sourced from documentation and annual reports released by the research object. This paper concludes that, firstly, victims of human trafficking have met the criteria to be zakat recipients on behalf of riqab. Although in practice in the field, no East Java zakat institution distributes zakat to victims of human trafficking. Second, East Java zakat institutions have the potential for proportional support to distribute zakat in the name of riqab to victims of human trafficking. Its implementation still encounters obstacles but can be overcome with the current potential.
Balancing Two Conflicting Perspectives on Wiretapping Act: Rights to Privacy and Law Enforcement Natamiharja, Rudi; Sabatira, Febryani; Banjarani, Desia Rakhma; Davey, Orima Melati; Setiawan, Ikhsan
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (525.311 KB) | DOI: 10.30631/alrisalah.v22i1.1226

Abstract

The right to privacy is part of fundamental human rights in technological advances. It is outlined under Article 12 of the 1948 Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights. Substantially, the right to privacy prohibits personal data dissemination, including wiretapping, which is considered a violation of human rights. However, applicable laws permit wiretapping when it aims to discover criminal evidence in court. Indonesia authorizes this act under Corruption Eradication Commission Law, Telecommunications Law, Corruption Crime Act, Terrorism Eradication Law, and Psychotropic Law. Unfortunately, these laws have failed to provide a standard mechanism and procedures for conducting the wiretapping act. The substantial insufficiency has made Indonesia a low-ranked country’s privacy rights protection index. This implies the government has failed in balancing the interest of privacy as individual rights and the state's interest in law enforcement. Therefore, this study aimed to examine human rights on privacy, the wiretapping act in law enforcement, and the effort to balance these two rights. It used a normative juridical approach with secondary data. The results showed that Indonesian law has shortcomings that may violate constitutional rights. Therefore, there is a need for a law that comprehensively regulates the mechanisms and detailed procedures for wiretapping.
Restructuring of Debt Payment Obligation Suspension Agreements Homologated Due to Covid-19 Non-Natural Disasters Labibah, Hanin Alya'
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (328.335 KB) | DOI: 10.30631/alrisalah.v22i1.1229

Abstract

The quick spread of the Covid-19 pandemic weakened the economy and led to the non-performance of debtors’ obligations because their business did not run smoothly during the period. Several business actors with homologated PKPU peace were hindered or prevented from achieving their aims including the force majeure qualifications associated with the Covid-19 pandemic. Therefore, this normative legal research conducted through statutory, conceptual, and case approaches was used to assess this situation. The findings showed that a debtor can request to restructure the homologation implementation based on the force majeure of the Covid-19 pandemic but the request needs to be based on the agreement between the debtor and creditor using Article 1338 paragraph (1) of the Civil Code as the premise. It was discovered from the PT Berlian Tenker case that the agreement was conducted without requiring further re-homologation in the court because the UUK-PKPU is not applicable in the matter due to the fact that the Covid-19 pandemic is a national disaster classified as a relative force majeure.
Marriage Preparation Courses in Indonesia: Comparative Study of Muslims and Christians Batubara, Samin; Nasution, Khoiruddin; Nelli, Jumni; Nasution, Syamruddin; Sobhan , Sobhan; Kholidah, Kholidah
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (403.088 KB) | DOI: 10.30631/alrisalah.v22i1.1231

Abstract

This paper aims to prove that after attending the Marriage Preparation Course, the prospective wives and husbands of the course participants feel the extraordinary benefits of attending the Marriage Preparation Course. Because the material presented is very relevant and vital as a provision in living household life. This paper reports the research results on implementing Marriage Preparation Courses among Muslims in Pekanbaru, Riau and Christians in Yogyakarta. These two objects result from selecting the best performance in carrying out the Marriage Preparation Course. This research includes qualitative research with a juridical approach and uses the theory of the legal system. The result of the study is that the implementation of a good Marriage Preparation Course can give a positive impression and knowledge to the course participants. The participants stated the importance of prospective wives and husbands taking Marriage Preparation Courses. This course assists candidates in dealing with the romance of domestic life in the future, especially if the material also provides testimonials of the couples. One problem to solve by working couples is not being able to get permission from the workplace to take courses. Hopefully, there will be a policy from the government that requires workplaces to permit workers to take courses in the future.
Customary Settlement of Certain Criminal Cases in the Indigenous Community of Kenegerian Benai, Kuantan Singingi Effendi, Erdianto; Putra, Setia
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1242

Abstract

This study analyzed the resolution of specific criminal cases within the indigenous peoples of Kuantan Singingi, Riau. The shift in customary laws towards a modern legal system has caused various problems, including accumulating case files and overcapacity in prisons. This occurred because the community has also lost its grip on solving problems with the existing customary laws. Therefore, this study involved interviews with chairpersons, secondary leaders, customs on conflict resolution among indigenous peoples, and the use of primary data. The results highlighted that the customary settlement of criminal cases can sufficiently resolve conflicts in the community. Furthermore, it overcame the accumulation of case files in the courts and overcapacity in penitentiary institutions.
The Contribution of ‘Urf to the Reform of Islamic Inheritance Law in Indonesia Ismail, Ismail; Busyro, Busyro; Nofiardi, Nofiardi; Wadi, Fajrul; Alwana, Hanif Aidhil
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1243

Abstract

This library research explains the position of ‘urf as the basis for reforming Islamic law and its contribution to the renewal of inheritance law in Indonesia, using the content analysis method. The result showed that ‘urf is of higher importance in the renewal of Islamic law and plays a very important role in reforming the inheritance law in Indonesia. Several KHI book II provisions were based on ‘urf, including the inheritance of adopted children and adoptive parents, żawul arḥām, radd, walad, joint property, and substitute heirs. Among the several forms of ‘urf that have been recognized as Islamic law, ‘urf of joint property comes from the rich culture and traditions of native Indonesia. Therefore, it has made a valuable contribution to the renewal of Islamic law in Indonesia.
Judges Considerations in Canceling Polygamous Marriages in Religious Courts Yuliatin, Yuliatin
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1244

Abstract

Polygamy is allowed in Indonesia, providing the act is justified by religion and the rules of marriage law. A husband who wants to have more than one wife must fulfil various requirements of the Court. Based on the principle of “audi alteram partem,” the Supreme Court panel assesses the consideration of the Jambi Provincial Religious High Court against the answers, evidence, and witnesses presented by the defendant. This is to ensure the right decision is made, though the case was submitted late and no trial was filed. This research found that the Supreme Court deems a polygamy permit compulsory and aims to protect the welfare of the parties bound in the marriage. The word “can” in The Compilation of Islamic Law (KHI) article 71A showed that a marriage annulled due to polygamy without court permission is tentative or facultative. This indicated an annulment application must be submitted to the Court and the final decision is dependent on the assessment of the benefit of the wife and/or children. The legal consequence, based on the decision of the Religious Court to accept the marriage itsbat and the refusal to cancel the marriage bond, is that the children of the second wife will receive inheritance rights from the father, including property obtained with the first wife.
Restorative Justice as an Effort to Resolve Excise Crimes Against Cigarettes Amrullah, Rinaldy; Gustiniati, Diah; Andrisman, Tri
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1249

Abstract

Many crime cases in Indonesian society are settled in courts, resulting in a buildup that can hinder the justice system. Meanwhile, none of the cases concerning excisable goods or cigarettes in the Free Trade Zone, which are handled by Customs and Excise in several areas, have reached the judicial process. This problem can be resolved using the restorative justice mechanism, which prioritizes the concepts of peace, mediation and reconciliation, where perpetrators, victims, law enforcement officials, and the community participate directly in the settlement of criminal cases. Therefore, the formulation of the problem in this research involved the legal position of restorative justice and its application in excise crimes. Normative juridical legal methods, supported by empirical juridical data, were used in this research. The results showed that customs and excise violations can be resolved using restorative justice without the need for a court process.
Optimizing the Role of Body-Bathers as a Priority for Zakat al-Fitr Recipients in Sikilang, Sungai Aur Pasaman Barat Putra, Dedisyah; Tambunan, Jannus
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1252

Abstract

This research analyzes the practice of bathing corpse carried out in Sikilang Village, Sungai Aur Kuning Pasaman Barat District, which is in accordance with zakat al-fitr. This is a phenomenological and qualitative research with data collected through observation and in-depth interviews to determine the distribution of zakat al-fitr in accordance with maqashid. The results showed that body-bathers in Sikilang village do not have a fixed wage, hence many people are reluctant to pursue this profession. Furthermore, the review of maqasid shari'ah that customs can be used as an instrument in establishing law with terms and conditions set by the scholars. In conclusion, the habit of the people prioritizing body-bathers as the recipient of zakat al-fitr is contrary to al-nushus al-shari'ah.

Page 20 of 42 | Total Record : 418

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