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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 418 Documents
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KEADILAN NORMATIF DANIMPLEMENTATIF TENTANG PENEGAKAN HUKUM EKONOMI SYARIAH UNTUK MEWUJUDKAN KEPASTIAN DAN KEADILAN HUKUM DI INDONESIA Solehudin, Ending; Huda, Miftakhul; Ahyani, Hisam; Ahmad, Md Yazid; Abd Khafidz, Hasanah; Taufik Rahman, Encep; Hidayat, Moh. Syarif
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.v24i1.1467

Abstract

In Indonesia, sharia economic law is implemented through Religious Courts which have an important role in resolving disputes involving sharia financial entities such as banks, microfinance institutions, and insurance. Law Number 3 of 2006 replaces Law Number 7 of 1989 which significantly expands the authority of the Religious Courts in supervising and enforcing sharia economic principles. Sharia economics, which is based on Islamic values ​​such as justice, honesty, and legal certainty, forms an economic and financial system that is different from conventional systems. Religious Court Judges strive to balance ethical and practical considerations in carrying out their judicial duties. This research examines how ethical perspectives and practical considerations contribute to achieving legal certainty and justice in resolving sharia economic disputes, especially in the Surabaya Religious Court. This research uses a normative juridical approach using legal utility theory to analyze the challenges faced and propose strategies to increase the effectiveness of implementing simple, efficient, and cost-effective principles in Sharia economic protection at the Surabaya High Religious Court. The research results consider the principles of maqasid al-syariah to simplify the process, lighten the burden on the parties involved, and uphold justice in every decision-making. This study emphasizes the need for better integration between Islamic Sharia principles and Sharia banking practices in Indonesia, as well as encouraging reforms to ensure that legal outcomes provide fair justice and maximum social benefits, in line with the ethical and utilitarian aims of the law.
Fresh Flour As a Symbol Hope Perpetuate Marriage: Cultural Practices of Marriage in Riau Islands Beddu, Muhammad Juni; Azhari, Muhammad Iqbal; Addieningrum, Fithri Mehdini; Ruhmah , Andi Amma; Husain, Muhammad Zakir; Daud, Normadiah
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.v24i1.1471

Abstract

Abstract: This research examines the role of plain flour in religious, cultural, social, and marriage perspectives in the Riau Islands community. Plain flour is a practice that is closely related to wedding ceremonies in the Riau Islands region. This research method uses a qualitative approach with the data collected through literature related to Tepung Tawar in Religious, Cultural, Social, and Marital Perspectives in the Riau Islands Community. This research also uses a descriptive method, namely explaining. This research uses a historical and contextual approach. The analytical method used is content analysis, namely digging deeper into the importance of plain flour from a religious, cultural, social, and marriage perspective in the Riau Islands community by reviewing various literature. The research results show that plain flour has essential meaning and function in the context of religion, culture, society, and marriage in the Riau Islands community. From a religious perspective, plain flour is used as a form of offering to the gods and goddesses and to cleanse negative energy that may exist in marital relationships. This practice is also considered an attempt to invoke blessings and good luck in marriage.
Refusal of Polygamy Permit in Religious Court Decision: Criticism of Gender Justice Against Judge’s Legal Reasoning Santoso, Lukman; Amaliyah, Arij; Huda, Miftahul
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.v23i2.1472

Abstract

This study aims to determine and analyse the judges' considerations using gender justice in the Decision of the Madiun District Religious Court Number 1512/Pdt.G/2022/PA.Kab.Mn. Normatively, the permissibility of polygamy rests on the wife's consent and the husband's ability to be fair. In this case, the problem started with applying for a polygamy permit after the Applicant married his second wife. Argumentation: The Applicant, who was married before applying polygamy, was considered unlawful. This is doctrinal legal research with a case, conceptual, and statutory approach. Data sources for this research are court decisions, laws and regulations, books, journals, and research results. This research provides a conceptual basis for judges in making decisions on applications for polygamy licenses based on gender equity so that justice in society is created objectively.
Problems with Regional Head Elections: Constitutional Court Decisions on Disputes over Regional Head Election Results in Jambi Province Windi Aji , Ari Bakti; Repelita, Repelita; Kasmarani, Yuli; Tri Yandy, Eza; Rahmat , Al Fauzi
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.v23i2.1474

Abstract

This research is entitled Problems of Regional Head Elections (Study of Constitutional Court Decisions regarding Disputes over Regional Head Election Results in Jambi Province). This type of research is normative legal research. The focus of the research is to examine what are the legal issues for regional head elections submitted by the Petitioners in cases of regional head election results in the Jambi province region to the Constitutional Court and how the trend of decisions based on legal considerations of the Constitutional Court in cases of regional head election disputes in the Jambi province region. The results of the study show that the legal issues raised by the Petitioners in the case of disputes over the results of regional head elections to the Supreme Court of the Constitution are quite numerous and varied, some are proven, and some were not proven because the Court did not believe in the evidence presented by the Petitioners, and some were not proven because the Court had not considered them. These problems in general include: administrative violations, legal violations in the form of money politics, intimidation and mobilization of civil servants, village heads, and village officials by the incumbent regional head candidate. The organizers allow violations and side with one pair of candidates. As for the issue of decision trends, the majority of applications were rejected and could not be accepted, while for requests that were and there were only 2 (two) cases, namely the 2013 Election of the Regent and Deputy Regent of Kerinci district and the 2020 Election of the Governor and Deputy Governor of Jambi province. Then, there are different trends in MK decisions, Niet Ontvankelijke Verklaard), and focus more on the formal requirements of the application which often overrides the substance of the case.
Unlocking The Potential of "Kalosara": An Extensive Analysis of Adultery Instances Dispute Resolution in the Tolaki Tribe through the Lens of al-Ishlah Concept Haq, Islamul; Hannani, Hannani; Syatar, Abdul; Amiruddin, Muhammad Majdy; Musmulyadi, Musmulyadi
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.v24i1.1488

Abstract

This article delves into the comprehensive examination of the dispute resolution in adultery cases within the Tolaki Tribe, specifically through the traditional practice of "Kalosara." The research also explores the relevance of Kalosara to the al-Ishlah concept in Islamic criminal law. This research uses the literature review method to establish a robust theoretical foundation. This research indicates a significant relevance between the Kalosara custom and the concept of Ishlah in the context of Islamic criminal law. The practice of Kalosara in resolving cases of adultery within the Tolaki Tribe reflects the principles of Ishlah, emphasizing reconciliation, restoration, and conflict resolution. The stages of the resolution process, from the acknowledgment of the perpetrator to the purification ceremony, mirror a holistic approach to achieving restorative justice. The research results show that the integration of Kalosara customary law in the Ishlah process reflects the aspirations of the Tolaki community for a comprehensive resolution and effective recovery at various levels, including individual, social, and broader community contexts. In the settlement through Kalosara, adulterers are expected to admit their actions, express regret, and carry out a purification process with a holistic approach to resolving conflicts and restoring social relations.
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.
Disobedience of Constitutional Court Decision as a Reason for Impeachment of President and Vice President Pahlawan MP, H. Muhamad Rezky; Adhistianto, Mohamad Fandrian; Nunna, Bhanu Prakash
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.v24i1.1509

Abstract

This article discusses disobedience of the Constitutional Court Decision Number 91/PUU-XVIII/2020 which was carried out by the Government by issuing Minister of Home Affairs Instruction Number 68 of 2021 Concerning Follow-Up of the Constitutional Court Decision Number 91/PUU-XVIII/2020 Regarding the Formal Review of Law Number 11 of 2020 concerning Job Creation which in essence states that it remains guided and implement Law Number 11 of 2020 concerning Job Creation and its Implementing Regulations. This instruction from the Minister of Home Affairs has violated one of the rulings stating that the legally binding force of Law Number 11 of 2020 concerning Job Creation must be temporarily suspended for 2 (two) years or until the process of its formation has been repaired. This study uses a statutory approach and a conceptual approach and is also evaluated descriptively and qualitatively. The conclusion of this paper is that disobedience to the constitution by the Government will have a juridical impact on not realizing legal certainty, impacting people's distrust of the Constitutional Court, as well as a bad example given by the President in terms of constitutional awareness, so that it is appropriate for the DPR RI to file an impeachment process against the president
Inconsistency of Salafi’s Bid’ah Concept: Shifting The Quran-Hadis Law Consideration During Covid-19 Pandemic in Indonesia Putra, D.I. Ansusa; Sayuti, Sayuti; Rahim , Rahimin Affandi Abdul
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.v24i1.1523

Abstract

For the past century, bid’ah (in English know as religious innovation) has been a fundamental sociological problem in modern Muslim life. Regarding this aspect, during the COVID-19 pandemic, Salafi group in Indonesia used a different method to evaluate bid’ah in the rules of Islamic practices. Therefore, this research aimed to illustrate the dynamics of Salafi understanding of bid’ah in Indonesia during the COVID-19 pandemic. The data collected were acquired digitally from the YouTube platforms of the following Salafi figures Syafiq Riza Basalamah, and Firanda Andirja as well as written documents, uploaded websites, such as rumaysho.com by Muhammad Abduh Tuasikal, almanhaj.or.id by Yazid bin 'Abdul Qadir Jawas, and others. The result showed that Salafi provided new innovations in religious practices during the COVID-19 pandemic. This showed the inconsistency associated with Salafi teachings in bid’ah because it shifted from the Qur’an and Hadith. The inconsistency was carried out by quoting the Qur’an and Hadith from the Ashalah (puritanism) and the maslahah (public interest). This was aimed at selecting legal propositions to the conditions of the thaun (plague). In conclusion, the inconsistency of Salafi by accepting bid’ah (new innovations) to gain Covid-19 survival is proof of the acceptability of Salafi fiqh to social change.
Application of Artificial Intelligence in Motivating Court Decisions: Legal Basis and Foreign Experience Leheza, Yevhen; Yankovyi , Mykola; Medvedenko, Nadiia; Vaida, Taras; Koval, Marat
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.v24i1.1531

Abstract

The article is devoted to the study of opportunities and challenges of using artificial intelligence in motivating court decisions.  An important aspect of this process consists of the application of special knowledge by judges in the context of analyzing evidence and legal evaluation of this evidence. The use of artificial intelligence in this area can become a significant innovation that can improve the quality of court decisions and ensure objectivity in the sphere of justice. Artificial intelligence technologies are rapidly developing, and their potential application in the sphere of judiciary has become a subject of deep interest both among the scientific community and among representatives of legal professions. According to the research results, it has been established that the application of artificial intelligence during the motivation of court decisions is possible provided the development and implementation of effective legal mechanisms that will allow coordination and regulation of the specified process. Also, the procedure of implementing relevant changes in the justice system of Ukraine should take place with the use of a balanced and scientifically based approach, which allows for weighing potential risks and benefits and developing recommendations for the proper practical and ethical use of artificial intelligence technologies.
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.

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