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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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The Ambiguity of Using the Statement of Absolute Responsibility Based on Minister of Home Affairs Regulation Number 109 of 2019: Study in Dharmasraya Regency, West Sumatra Province, Indonesia Nofialdi, Nofialdi; Elimartati, Elimartati; Iska, Syukri; Rizal, Deri; Firdaus, Firdaus; Kasmidin, Kasmidin; Hamdani, Hamdani
Al-Risalah Vol 23 No 1 (2023): June 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i1.1358

Abstract

Marriages are required to be registered under the provisions of Law Number 1 of 1974, specifically Article 2. This registration plays a crucial role in establishing the legality of marriages and enables the utilization of different associated benefits. Meanwhile, unregistered marriages give rise to a range of legal issues, including uncertainties regarding lineage, concerns related to maintenance, and inheritance rights. In line with the Ministry of Home Affairs Regulation Number 109 of 2019 regarding Population Administration, couples involved have the option to obtain important documents such as the Population Identification Card (KTP), Birth Certificate, and Family Card (KK) by signing a Statement of Absolute Responsibility (SPTJM). This situation raises significant concerns regarding the legal implications of unregistered marriages. Therefore, this study aimed to employ an empirical legal approach with qualitative methods and obtained data through interviews, observations, and documentation. The data analysis used Miles and Huberman's method to uncover the meaning within Ministry of Home Affairs Regulation Number 109 of 2019 regarding Unregistered Marriages and unveiled the ambiguity in understanding the true meaning. Furthermore, a study conducted in Dharmasraya Regency in 2021 discovered the issuance of 69,144 Family Cards by the Directorate General of Population and Civil Registration, and 22,453 (32.47%) were unregistered marriages. Only 194 individuals applied for validation (isbat) within 3 years, where 101, 27, and 66 were accepted, rejected, and revoked, respectively. In conclusion, the community perceived their marriages to be legal due to the issuance of Ministry of Home Affairs Regulation Number 109 of 2019, even though the SPTJM did not legalize the concept or hold legal authority over the consequences.
Mediation in Social Conflict Resolution at Tanjungpinang Malay Customary Institution, Riau Islands Syafei, Ermi Suhasti; Habuddin, Ihab; Asrizal , Asrizal; Saputra, Megi
Al-Risalah Vol 23 No 2 (2023): December 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i2.1361

Abstract

This study aimed to examine the strategic role of customary institution in resolving social conflicts in Indonesia through mediation at Tanjungpinang Malay Customary Institution (TMCI). The mediation process was discussed, detailing the reason for selecting TMCI as a mediator, and the role in social conflict theory and normative law. Data were obtained through interviews, observations, and documentation, and literature studies were analyzed using the Miles and Huberman model. The results showed that mediation was implemented systematically and hierarchically by adhering to Malay customs based on Islamic teachings. Furthermore, the community respected and trusted TMCI as a customary institution capable of resolving social conflicts. It also played a strategic role as a party that participated in resolving customary and cultural conflicts and implementing social changes to ensure integration or cohesion. Mediation by TMCI showed that conflict was part of society with groups engaged in both realistic and non-realistic disputes. These groups then integrated and reached a consensus to maintain social cohesion. Regarding normative law, mediation by TMCI was justifiable in Islamic and positive laws.
Freedom of Speech Without a Direction: Criticism of the Promotion of Freedom of Speech in Indonesia Sayuti, Sayuti; Effendi, Ghina Nabilah; Yanti, Illy
Al-Risalah Vol 23 No 1 (2023): June 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i1.1389

Abstract

The attempt to equate freedom of speech with other rights, such as freedom of expression or opinion, is misguided because these rights have distinct realms concerning their promotion and resolution of legal violations. In practice, this misconception persists in Indonesia, where there is no specific law dedicated to regulating freedom of speech. Therefore, this study explored the factors that lead to legal vacuum for freedom of speech and provided solutions to overcome this vacuum. This study also assessed the various legal frameworks and practices concerning the promotion of freedom of speech in Indonesia after the 1998 Reform Era using a normative juridical approach. The result showed that legal vacuum in promoting the right to freedom of speech attributed to the conflicting priorities of human rights and the ambiguity surrounding the understanding of freedom of expression. It is important to synchronize laws and regulations regarding the rights belonging to freedom of expression and strengthen the associated regulation that specifically contain definitions, limitations, and ways of resolving violations of the law. This process provided a detailed legal direction or umbrella for efforts to promote freedom of speech.
The Government Responsibility for Oil and Gas Management Based on Constitution of Indonesia Ardiansah, Ardiansah; Asnawi, Eddy; Fahmi, Sudi; Ismail, Syaimak
Al-Risalah Vol 23 No 2 (2023): December 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i2.1391

Abstract

On September 3, 2022, fuel prices were raised by President Joko Widodo, with advocates arguing that the increase is necessary to safeguard the State Revenue and Expenditure Budget. Dissenting groups contended the hike was inappropriate, citing a dissonance between the identified problem and the proposed solution. Therefore, this study aims to analyze the legal aspects, policies and the role of the government in ensuring the welfare of Indonesian citizens through oil and gas management. Using a normative legal study methodology, the study used both statutory and analytical methods. The results showed a discrepancy between the increase in fuel price and the principles outlined in Article 33 and the Preamble of the 1945 Constitution of the Republic of Indonesia. The government, as the representative of the state, holds the authority to manage the mining sector's economy, aiming to maximize prosperity for citizens. Adhering to the ideology of a welfare state, the responsibility to provide basic social needs and foster prosperity is assigned to the government.
Reactualization of Wali Mujbir in the Modern Era: Maqashid Syari’ah Analysis of Imam Syafi’i’s Concept Regarding Wali’s Ijbar Right Andiko, Toha; Nurdin, Zurifah; Abdul Malik, Ahmed
Al-Risalah Vol 23 No 2 (2023): December 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i2.1403

Abstract

This research aims to describe the wali mujbir concept according to Imam Shafi'i in the book of al-Umm, then analyze the maqasid sharia in it and the relevance of its application in the modern era. This type of research is qualitative in the form of normative legal research using library research methods. Source data was taken through documentation. As for data analysis, it was used as thematic and inductive with a historical and philosophical approach. The research results concluded that the wali's right to ijbar, according to Imam Shafi'i is the father's right to force his daughter to marry or forbid her daughter from marrying a man as a form of protection and responsibility under certain conditions. Wali mujbir are divided into two groups: (a) for girls who are not yet adults, their father has the absolute right to ijbar without having to ask for his consent; (b) for adult girls who are 15 years old or have already had a period, although her father can marry her off without asking for her consent. There is a recommendation to consult with the girl, although this recommendation is optional. In the view of the maqasid sharia, the walis's ijbar aims to safeguard the interests of the girl child so that she can obtain an equal husband, maintain the religious quality of the girl and her future offspring, safeguard her welfare, safeguard her safety from potential abuse by her future husband, and maintain the good quality of offspring from a healthy husband, and complete with all five senses. By holistically understanding the wali's ijbar rights according to the context, the implementation of wali mujbir remains current and relevant to the dynamics of modern society.
Kontribusi Dinas Syariat Islam Terhadap Penerapan Qanun Tentang Khalwat di Aceh Abdullah Lawang, Karimuddin; Kholis, Nur; Tarwiyani, Tri; Kamal, Mustafa; Yasir, Muhammad; Abdullah, Asnawi
Al-Risalah Vol 24 No 1 (2024): June 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i1.1427

Abstract

Aceh is the only province in Indonesia that has officially implemented Islamic Sharia law. As A Region With Special Privileges To Enforce Sharia Law, Aceh Has Enacted Uqubat Punishments As An Effort To Reduce Criminal Acts, Including Khalwat (Intimate Proximity Between A Man And A Woman Who Are Not Mahram). This Study Aims To Explore The Implementation Of Uqubat Punishment For Khalwat Behavior In The Context Of Crime Prevention In Aceh. This Research Uses A Qualitative Method With Data Collection Techniques Through Interviews, Observations, And Documentation. Once All The Data Is Collected, It Will Be Analyzed Using Content Analysis Techniques. The Results Of The Study Indicate That The Enforcement Of Uqubat Punishment Has Had A Significant Impact On Reducing Criminal Acts, Including Khalwat Behavior. However, There Are Also Several Challenges In Its Implementation, Such As Issues Of Justice In The Application Of Uqubat, Its Effectiveness, And Others. Therefore, This Study Recommends The Need For A Comprehensive Evaluation Of The Implementation Of Uqubat Punishment As Well As Continuous Improvements In The Judicial System In Aceh To Ensure Its Effectiveness In Reducing Crime Without Violating Principles Of Justice.  
The Inclusion of Ulema in the Aplication of Islam Nusantara Law for the Aceh Community Muhammad Yusuf, Januddin; Yuslem, Nawir; Tanjung, Dhiauddin
Al-Risalah Vol 23 No 2 (2023): December 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i2.1428

Abstract

Islam Nusantara is recognized as an ideology that advocates the application of fiqh law while accommodating cultural and traditional values. In the contemporary evolution of religious comprehension, particularly in Aceh, the local community perceives cultural manifestations in worship as misguided. Therefore, the introduction of Islam Nusantara concept aims to rectify these misconceptions through cultural adjustment with Sharia, commonly referred to as Islamization. Considering these challenges, the role of ulemas should be examined by implementing and practicing fiqh law in the Aceh community. Furthermore, this study adopts qualitative and descriptive normative methods. Data are derived from a comprehensive literature review, interviews, and observations, and subjected to qualitative data analysis methods. The results show that fiqh practices in Aceh are always based on the fatwa of ulemas to provide legality of carrying out these practices. The inclusion of ulemas is indispensable to ensure the conformity of new cultural teachings with the established legal framework.
MODEL PENGENTASAN KEMISKINAN EKSTREM UNTUK PENCEGAHAN KESENJANGAN SOSIAL DI INDONESIA DALAM PERSPEKTIF SOSIOLOGI DAN HUKUM ISLAM Fauzi, Fauzi; mahmuddin, Mahmuddin; Juhari, Juhari; Amirulkamar, Said; Hidayati, Ummunisa
Al-Risalah Vol 23 No 2 (2023): December 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i2.1429

Abstract

Abstract: Poverty alleviation and social inequality in Indonesia is a very complex issue overall in various regions in Indonesia Extreme poverty alleviation refers to deliberate efforts aimed at reducing or eliminating extreme poverty, which relates to circumstances in which individuals or households live below the poverty line is so small that they cannot meet their basic needs to survive. This study aims to analyze the extreme poverty alleviation model to prevent social inequality in Indonesia from the perspective of Islamic sociology and law and focuses on reviewing these problems through the perspective of sociology and Islamic law. The qualitative research method is descriptive. Source of data obtained through the official website, mass media, journals, regulations, and books. The data analysis technique uses the Nvivo 12 plus analysis technique which uses the crosstab feature. The results of the study show that the extreme poverty alleviation model that is applied is budgeting and collaboration. Poverty alleviation to prevent social inequality in Indonesia has been carried out by the Government of Indonesia to reduce the poverty rate to 0 percent in the following year. Poverty alleviation in Indonesia through the budgeting system requires the implementation of well-structured and sustainable strategies. Budgeting and collaboration between government and society play an important role in allocating appropriate resources for initiatives and policies aimed at reducing or eliminating extreme poverty. Keywords: Poverty Alleviation, Social Inequality, Sociology, Islamic Law.
The Timing Analysis of Inheritance Distributions in the Compilation of Islamic Law Azni, Azni; Rifqi, Muhammad Akhyar; Saifunnajar, Saifunnajar; Syu'aib, Kholil; Mohd. Zin, Najibah Bt
Al-Risalah Vol 23 No 2 (2023): December 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i2.1431

Abstract

This study discussed about the distribution time of inherited property after the death of a person that is not explained explicitly in Islamic family law in Indonesia particularly in the Compilation of Islamic Law. This study aimed to critically analyze the time of inheritance distribution in the Compilation of Islamic Law viewed from maqasid sharia perspective.  The research employed qualitative research method, namely library legal research.  The data collection technique was documentation, included the Compilation of Islamic Law, fiqh books, books of legislation in the field of Islamic law which were applicable in Indonesia. The data were analyzed by using content analysis method to find out the distribution time of inheritance in the compilation of Islamic Law based on maqasid sharia perspective. The result of this research showed that the Compilation of Islamic Law did not stipulate the time of inheritance distribution explicitly, and if the determination of the inheritance distribution time is in accordance with the provisions in the compilation of Islamic law for the kindness of the family and heirs, then the action is justified by sharia law because it is in line with maqasid sharia. However, if the division of inherited property is in accordance with the provisions of the Compilation of Islamic Law with the purpose to delay the time of distribution which will result in a reduction in the value of the property, or the physical loss of the property, then it is included into the act of zalim and certainly contradicts the Islamic sharia itself. It must not be carried out.
Islamic Legal Analysis of Bank Interest Allocation on Social Fund: A Case Study of Small Credit Bank (BPR) NBP 21 Panyabungan City Putra, Dedisyah; Harahap, Sumper Mulia; Edi, Sabrun
Al-Risalah Vol 23 No 2 (2023): December 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i2.1442

Abstract

The aim of this study was to determine the position of Ash Ziqri savings in conventional bank from Islamic law perspective using empirical legal study methods. This was achieved by collecting data through document study, observation, and interviews. The results showed that Ash Ziqri savings with bank interest withdrawal rate of 5% were considered usury from Islamic legal perspective. Savings were also considered gharar even though the payments were not intended for customers or bank but channeled through charitable activities such as the construction of mosques and the provision of compensation for orphans and the poor. Therefore, the public was encouraged to conduct social charity activities through zakat, infaq, and sadaqah without mixing the process with activities prohibited by Islam.

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