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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 404 Documents
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Why the Growth of Qanun Jinayah in Aceh was Slowly? An Analysis Using Structural Functionalism Theory Roslaili, Yuni; Suparwany, Suparwany; Ahmad Nadzri, Amirulhakim Bin
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v21i2.928

Abstract

The growth of Qanun Jinayah in Aceh is running stagnantly, although the implementation of Islamic Sharia has been implementing for seventeen years. The local government ratified only five qanun Jinayah.  In fact, within that time, Aceh Government had imposed 177 qanuns and the crime rate in the region is increasing. Based on the case, this article aims to discuss recent progress of Jinayah law in Aceh and the challenges it faces. Then, using structural-functionalism theory discuss how coordination among sharia institutions worked as part of totality implementation of Islamic law in Aceh. By using qualitative and descriptive-interpretative methods, to examine interpretations and experiences of the subjects, in this case the sharia institutions, including Islamic Sharia Office, the Ulama Consultative Council, Sharia Court, and Sharia police, during their effort to implement Islamic Sharia. And finally, draw conclusion that the growth and development of Jinayah law in Aceh was prolonged because of weak coordination function among the sharia institutions. Therefore, it required a systematic approach based on structural-functionalism theory to encourage coordination between the sharia institutions in supporting the kaffah implementation of Islamic law in Aceh, including its Jinayah law.
Judge's Dilemma in Marriage Dispensation in the Religious Court Lahilote, Hasyim Sofyan; Miftah, A.A.; Yuliatin, Yuliatin; Hidayati, Rahmi
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 | DOI: 10.30631/alrisalah.v22i1.979

Abstract

Judges experience various dilemmas when adjudicating marriage dispensation cases in Religious Courts. In particular, there are difficulties associated with applying the principles laid out in the provisions of Article 2 PERMA no. 5 of 2019, which guide such decisions. This study analyzes how judges consider various legal theories when making decisions regarding marriage dispensations using the normative judicial method. The results showed that the judges of Religious Courts primarily rely on the maslahah theory when making decisions on marriage dispensation cases, in spite of the existence of PERMA no. 5 of 2019 as a potential reference for maximizing aspects of justice and legal certainty.
Matchmaking in Pesantren: The Role of Wali Mujbir in Matchmaking with Maqasid Sharia Perspectives Sallom, Dea Salma; Syu'aib, Kholil
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 | DOI: 10.30631/alrisalah.v22i1.1073

Abstract

Wali mujbir is a guardian who has the right to marry off his daughter with or without the permission of the person concerned with certain conditions. He is someone who has an upward patrilineal line with the woman who will marry, which in this case is the father. In Islam, the right of wali mujbir is usually called the right of ijbar, this right is absolute, but as time goes by, now the privilege of ijbar has another interpretation. Although the father has the right to force him, he does not forget to allow his daughter to have an opinion. This kind of marriage is often referred to as matchmaking. It is considered an interesting social phenomenon in society. Pesantren, as sacred institutions, are often the mecca in matchmaking processions because, in pesantren, families prioritize lineage in finding a partner. It is an important benchmark for dzurriyah or the descendants of the Kiai. In addition to maintaining lineage, matchmaking in pesantren also aims to preserve religion and soul. This article examines the role of wali mujbir at the APTQ Bungah Gresik pesantren in carrying out matchmaking so that the goals of sharia are achieved, which in this case are hifdz ad-din, hifdz an-nafs, and hifdz an-nasl.
Legal Protection for the Partnership Agreement Parties Widaningsih, Widaningsih; Suhariningsih, Suhariningsih; Sihabuddin, Sihabuddin; Santoso, Budi
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 | DOI: 10.30631/alrisalah.v22i1.1118

Abstract

Preparing the partnership agreement must comply with the rules for the parties to get guarantees and legal protection. The rules must meet the preliminary requirements, such as understanding the transaction object and background, compiling its outline, recognizing the partners, and formulating the agreement principles. The partnership agreement must also have a signature, as well as rights and obligations. This normative study aimed to analyze the partnership agreement rules as legal protection. The results showed that the partnership agreement rules contain all the parties need as legal certainty and protection.
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 | 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 | 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 | 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 | 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 | 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.

Page 34 of 41 | Total Record : 404

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