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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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Shifting Fiqh Tradition in Zakat Management: Nahdlatul Ulama’s Strategies to Enhance the Social Welfare of Nahdliyin Emzaed, Ali Murtadho; Syarifuddin, Sadiani; Hakim, Muhammad Lutfi; Ibrahim, Bukhari
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.v24i2.1677

Abstract

This article aims to analyze the shift in the orientation of Nahdlatul Ulama’s (NU) fiqh (Islamic jurisprudence) tradition in managing zakat in Indonesia. The shift occurs in the zakat fund management institution through the Lembaga Amil Zakat Nahdlatul Ulama (LAZISNU) and their fiqh understanding of zakat recipients (mustaḥiq). The article also explores the forms of involvement of the NU’s structural and cultural members, known as Nahdliyin, in their efforts to improve social welfare. As an Islamic philanthropy institution, LAZISNU strategically synergizes with social welfare issues for its community. Despite being the most prominent Islamic community organization in Indonesia and globally, most Nahdliyin fall into the lower to middle-income category. The article employs a qualitative research approach with a descriptive-argumentative methodology, utilizing Harry J. Benda’s theory of change and sustainability as an analytical tool. The findings reveal a shift in the Nahdliyin zakat management fiqh tradition in three aspects: zakat fund collection through LAZISNU, the broadening of the meaning of fī sabīlillāh (on the path of God), and the differentiation between zakat collectors (‘āmil) and zakat committees. This shift is attributed to changes in the method of NU legal opinion (fatwā) determination from the qawlī to the manhaji. To enhance the social welfare of Nahdliyin, NU consistently participates actively through its Islamic philanthropic actions by modernizing zakat management adapted from technological advancements.  
Implementing Confidentiality Principles in Sharia Economic Dispute Resolution Through Online Dispute Resolution in Indonesia Fidhayanti, Dwi; Mohd Noh, Mohd Shahid; Ramadhita, Ramadhita; Setyobudi, Teguh; Dwi Septyanto, Mochamad Fikry
Al-Risalah Vol 25 No 1 (2025): June 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i1.1681

Abstract

The resolution of Sharia economic disputes through Online Dispute Resolution (ODR) in Indonesia has been growing in parallel with advancements in digital technology. In this context, the principle of confidentiality has become a crucial aspect to protect the privacy and security of the disputing parties' information. This research aims to analyze the implementation of the principle of confidentiality in ODR within arbitration institutions in Indonesia and identify the challenges and solutions related to data protection. The methodology employed is a sociological-juridical approach, utilizing primary data collected through interviews, focus group discussions (FGD), and documentation, alongside secondary data from relevant journals and regulations. The findings indicate that, while institutions such as Basyarnas and BANI have implemented various protocols to uphold confidentiality, including the use of secure digital platforms and strict regulations on data access, significant challenges remain, notably the potential for data breaches due to cyberattacks or technical negligence. Furthermore, inconsistencies in laws and legal interpretations have created legal uncertainty, which in turn impacts privacy protection. The contribution of this research is to provide recommendations for strengthening digital security standards, consistent policies, and raising awareness of the importance of confidentiality in ODR, thereby creating legal certainty and enhancing trust in the online resolution of Sharia economic disputes.
Legal Hermeneutics in Reforming Preparation of Village Regulation: Case of Indonesia and Timor Leste Astariyani, Ni Luh Gede; Yusa, I Gede; Hermanto, Bagus; da Cruz, Rosino
Al-Risalah Vol 25 No 1 (2025): June 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i1.1754

Abstract

This study explores the formation and challenges of Village Regulations in three regions: Tabanan, Badung, and Denpasar. It addresses two core objectives: identifying the dynamics of village-level legislation and examining the application of legal hermeneutics in interpreting such regulations. The research combines normative and empirical legal methods, employing a qualitative descriptive analysis through the Statute, Conceptual, and Analytical approaches. The findings reveal persistent issues in the drafting process, particularly inconsistencies with the Ministry of Home Affairs Regulation No. 111 of 2014. These challenges stem from both technical and interpretive shortcomings. The study further emphasizes the importance of hermeneutical interpretation in maintaining normative consistency and avoiding conflicting legal provisions. Additionally, a comparative perspective is offered through an analysis of village governance in Timor-Leste, where village regulations are governed under Law No. 9 of 2016. This research contributes to the discourse on institutional reform and democratic resilience at the village level, highlighting the need for clearer legal frameworks and interpretive consistency in local governance.
MODEL OF POLICY INNOVATION IN WASTE MANAGEMENT IN PADANG CITY Anggraini, Dewi; Asrinaldi, Asrinaldi; Zetra, Aidinil; Valentina, Tengku Rika
Al-Risalah Vol 25 No 1 (2025): June 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i1.1769

Abstract

Waste management is one of the problems considered to be damaging to the environment and disturbing to human health. The increasing population, consumption patterns, and low public awareness of participation in management, coupled with political factors, are considered triggers for the failure of waste management. In an era where waste continues to accumulate and its environmental impact is increasingly felt, the government's role in developing innovative policies is vital. This research aims to explain and analyze policy innovations in waste management in Padang City. The theory used is Allan McConnell's theory of policy innovation success and failure. The method employed is qualitative, utilizing a case study. The results of the study show that there are several programs in waste management in Padang City, starting with Regional Regulation No. 21 of 2012 concerning Waste Management, the integrated waste management program (PERSATU), the distribution of floating nets in various rivers, recycling waste entering malls, reducing the use of plastic bags in malls, thematic eco-enzyme villages, RDF technology, maggot cultivation, One Community Unit, One Waste Bank, One Bentor for Each Urban Village, Civil servants saving in waste bank, and Padang Bagoro. However, of the many waste management programs, the Padang City Government has not been able to reduce the amount of waste from year to year, this condition is caused by the sub- optimal political support from local political parties and this condition is exacerbated by the culture and participation of the community which does not support waste management programs in Padang City.
Traditional in Modern: The Existence of Village Governance Indonesia Khairi, Halilul; Yahya, Afif Syarifudin; Alma'arif, Alma'arif; Kulachai, Waiphot; Nursyahidah Syed Annuar, Sharifah
Al-Risalah Vol 25 No 1 (2025): June 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i1.1781

Abstract

Villages existed before Indonesia became independent, with values that applied to its people. Modern government has organized villages into formal government institutions within the Indonesian government system, except for those that remain traditional villages. This study aims to analyze the value system of traditional villages in Indonesia and examine the structure of traditional village governance in the country. This study uses an interpretive paradigm with a qualitative approach. Data was collected qualitatively through interviews with several informants, including village heads, traditional leaders, community leaders, and local government officials. This study was conducted in three provinces with village characteristics that differ from those of other villages, namely North Sulawesi (Wanua), West Sumatra (Nagari), and Aceh (Gampong). The results gave rise to categories of villages that exist in Indonesia today, namely 1) Villages, but with Traditional Government; 2) Traditional Village, and its traditional government; 3) Village and its government; and 4) Traditional Village, but the government is the village. The contribution of this study is related to efforts to redefine Traditional Villages as they currently exist in Indonesia.  
Hadith as Legal Basis in Judicial Decisions: Examining The Application of Hadith in Child Custody Cases at The High Religious Court of Surabaya Jamaluddin Malik, Arif; Soleh Kurniawan, Cecep
Al-Risalah Vol 25 No 1 (2025): June 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i1.1802

Abstract

Dispute over child custody after divorce is one of the competencies of the religious court. Applying hadith regarding custody regulations as one of the considerations of the decision, if used with a proper understanding of the meaning of the hadith, will result in a decision-oriented to realizing the best interests and benefit of the child. This article aims to explain the meaning of the hadith about custody regulations from the perspective of judges at the Surabaya Religious High Court and its application in decisions on child custody cases. Qualitative data were collected using documentation techniques, questionnaires, and interviews with several judges at the High Religious Court in Surabaya. Seven judges were interviewed. The data collected were then analyzed using descriptive and analytical techniques, incorporating both deductive and inductive approaches. The study results show that applying the custody regulations hadith in the PTA judge's decision regarding child custody matters considers the child's condition so that they continue to receive love from both parents. Thus, there are other meanings in understanding hadith besides those developed by hadith expert scholars, especially in the approach used. Judges strive to achieve the goal of benefiting children by applying careful considerations, not only to hadith, fiqh, and applicable statutory provisions, but with a greater emphasis on the interests and benefits of children. The meaning of these judges is also different from some of the opinions developed in fiqh studies regarding the condition of the children being cared for and the requirements for caregivers. The difference is visible because the realities in the field are not the same as the formulation of the provisions in the books of fiqh.
Bordered Rights: Legal Political Barriers to Women’s Health and HIV Services Timor Leste–Indonesia Borderlands da Silva, Dulce Martins
Al-Risalah Vol 25 No 1 (2025): June 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i1.1804

Abstract

The purpose of this study was to examine the legal and political barriers affecting women's access to HIV/AIDS services in the Timor-Leste–Indonesia region. The study focused on how social stigma, legal conditions, and national borders create structural vulnerabilities, particularly for undocumented women living in rural areas. Qualitative methods were used, with data collected through interviews and observations with health care providers, individuals living with HIV/AIDS, local NGO staff, and policymakers, using purposive and snowball sampling approaches to identify individuals with relevant expertise and knowledge to participate. Data were then compiled from journal articles and legislation relevant to the research theme. Thematic analysis was used to identify key points in informants' narratives. Key findings of the study include fragmented legal systems between the two countries, stigma and discrimination among institutionalized groups, political pressure on vulnerable populations, and geographic barriers that hinder access to services. Women living with HIV/AIDS on the Indonesia-Timor Leste border face pressing health protection challenges due to limited cross-border services, social stigma, and legal barriers. Without structural interventions, they continue to be marginalized and at high risk. The study urges bilateral health agreements, gender-sensitive training, and recognition of community-based efforts to improve healthcare access and protect vulnerable women in marginalized border areas.
Reconstruction Interfaith Marriage Law in Indonesia: Relevance of Sociology Knowledge and Maqasid Sharia Ibnudin, Ibnudin; Sugianto, Sugianto; Kholiq, Achmad; Aziz, Abdul; Yani, Ahmad; Hariyanto, Hariyanto
Al-Risalah Vol 25 No 1 (2025): June 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i1.1819

Abstract

Interfaith marriage is still a controversial issue in Indonesia, legally, socially, and religiously. Article 2, paragraph (1) of the 1974 Marriage Law is the basis for its validity, but its practice gives rise to different interpretations. SEMA No. 2 of 2023 and the Constitutional Court's decision are the latest references. This study aims to analyze the legal settlement of interfaith marriage based on SEMA 2023, examine it from the perspective of Islamic legal sociology, and offer solutions based on Maqashid Syariah. The method used is qualitative with a normative and sociological approach. The primary data sources were obtained from literature studies, including laws, court decisions, scientific journals, as well as various Islamic law and maqashid sharia literature. Data analysis was conducted both descriptively and analytically, employing a legal hermeneutics approach to understand the dynamics of interfaith marriage regulations in Indonesia. This study shows that the absence of clear rules on interfaith marriages has given rise to various interpretations and encouraged alternative practices such as marriage abroad or pseudo-conversion (fraus legis). From the perspective of the sociology of Islamic law, this practice has caused social tension in society. The Maqashid Syariah approach emphasizes the protection of religion, lineage, and human rights. This study concludes the need for more adaptive and inclusive legal reform, considering social justice and humanitarian values, in line with the principles of maqashid syariah.
The Principle of Family Resilience in Islamic Law And Its Relevance to Cilegon’s Regional Regulation Number 1/2019 Devika Rosa guspita; Ridwan, Ahmad Hasan; Khosi’ah, Siah; Solehuddin, Ending; Badriyah, Badriyah
Al-Risalah Vol 25 No 1 (2025): June 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i1.1821

Abstract

This study explores the application of family resilience principles within Islamic family law and its implications in Regional Regulation No. 1/ 2019 in Cilegon. The research adopts a qualitative approach, integrating legal analysis with field data from religious courts and local communities. This approach integrates normative legal analysis with empirical data obtained from field studies, including interviews with relevant parties such as religious court judges, traditional leaders, victims, and local communities. The findings suggest that the regulation establishes a legal framework consistent with Islamic principles, thereby enhancing marital stability and child custody arrangements. However, the study identifies challenges, including limited public awareness and legal disparities in implementation. A comparative analysis with similar regulations in Malaysia and Saudi Arabia suggests that Indonesia’s approach, while progressive, requires stronger enforcement mechanisms and enhanced educational outreach. The study concludes that effective integration of Islamic family resilience principles necessitates continuous legal refinement and policy adaptation.  
Legal Aspects of Political Party Internal Conflict Resolution: A Case Study in Indonesia Hartati, Hartati; Zarkasi, Zarkasi; Syamsir, Syamsir; Putra, Firmansyah; Subekti, Dimas; Amin Ayub, Zainal
Al-Risalah Vol 25 No 1 (2025): June 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i1.1842

Abstract

This research aims to explain the dispute resolution mechanism of political parties in Indonesia. This research uses normative juridical methods. The findings of this study are based on the provisions in Article 32, paragraph (2), which, on the one hand, position the Party Court as the first-level court in resolving internal political party disputes. Still, the decision of the Party Court as a first-level decision is not final. Then, the position of the party court also does not stand independently, but is still bound internally by the organization. Thus, it is vulnerable to interest intervention in every decision. Furthermore, based on the regulations of the Political Party Law regarding the settlement of party disputes, it has not applied the principles of simple, fast, and low-cost justice. Therefore, regulating political party dispute resolution institutions in Indonesia should be redesigned to have a single-entry point, namely, through a special court. In addition, changing the position of the political party dispute resolution institution as a special judicial body under the general court will make decisions in the field of political party disputes binding for all parties. This research contributes to the development of institutional theory and judicial law in the context of the political system. On the other hand, this research also directly relates to constitutional practice and legal reform in Indonesia, particularly in the context of reforming regulations for resolving disputes within political parties.

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