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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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Reconstruction of Indigenous Community Inclusion in Village Autonomy Policy: Towards a Substantive Autonomy Model in Indonesia Kadaryanto, Bagio; Kurniawan, Ardian; Burhanuddin, Burhanuddin
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.v25i1.1845

Abstract

This study examines the inclusion of indigenous peoples in village autonomy policies following the enactment of the Village Law (Law No. 6 of 2014). Although the law promotes decentralization and cultural recognition, its implementation remains primarily administrative, neglecting the socio-cultural realities of indigenous communities. Only a small percentage of indigenous villages are officially recognized. At the same time, structural marginalization persists due to unequal access to resources, limited political representation, and the supremacy of national law over customary law. Using a normative legal approach, this study examines the gap between legal norms and empirical practices, drawing on primary legal materials and secondary sources, including government regulations, forestry and mining laws, research findings, and case reports. The findings suggest that the Village Law's failure lies not only in bureaucratic issues but also in the absence of structural justice and legal pluralism in policy design. Procedural and uniform autonomy fails to reflect local indigenous contexts, rendering legal recognition largely symbolic. Therefore, a shift toward substantive independence is essential, grounded in recognition, subsidiarity, and legal pluralism. This approach requires harmonization of sectoral regulations, empowerment of indigenous institutions, and fiscal reform, offering a transformative path toward more just, participatory, and inclusive village governance.
Orientalist Influence and Its Decline in Indonesian Islamic Studies: Tracing Intellectual and Institutional Transformations Suaidi; Hilmy, Masdar; Al Asyari, Haekal
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.v25i1.1936

Abstract

 It is undeniable that many Orientalist works have hurt Oriental images up to the present time. However, it is equally important to acknowledge the positive contributions of Orientalist scholarship to the advancement of Oriental studies. In the context of Indonesian Islamic studies, both Western researchers (Orientalists) and Indonesian-born Muslim scholars have played a significant role in shaping Islamic educational institutions and influencing individual Muslim scholars. In terms of higher education institutions, all traditional State Islamic institutions (IAINs) and most of the State Islamic Colleges (STAINs) have been transformed into Islamic State Universities. At the individual level, a substantial number of Indonesian-born scholars—many of whom studied under Orientalists in Western universities—have emerged as influential figures, making significant contributions to the development of both Islamic and general academic fields in Indonesia. However, over the past decade or so, such influence has notably declined. By utilizing data from individual initiative research and employing ‘loose’ text and contextual analysis methods, this article examines the early progress and recent decline of Orientalist influence on Indonesian Islamic studies, and discusses potential future trajectories.
SEXUAL VIOLENCE AGAINST CHILDREN: Prevention Efforts in Jambi Adawiyah, Robi'atul; Harahap, Anggi Purnama; Sasnifa, Pidayan; Mukhlisa, Dian
Al-Risalah Vol 25 No 2 (2025): December 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i2.1495

Abstract

This study aims to carefully investigate sexual violence against children and its countermeasures in Jambi City. The increasingly massive increase in violence against children has become a concern in recent years. This research is empirical legal research employing observation, interviews, and document analysis to collect qualitative data. The research findings show that the problem of sexual violence against children in Jambi City is still a serious issue that requires attention and optimal action steps. Factors such as lack of public understanding, lack of supervision, and low legal awareness are the main contributors to the high rate of sexual violence against children. In addition, this study also assessed the efforts that the government, non-governmental organizations, and the community have made in tackling sexual violence against children. It found a lack of interagency coordination and a need to improve community outreach and education on the issue. Based on these findings, the study recommends policy improvements and increased cooperation between government and non-government agencies in addressing child sexual abuse. Strengthening community outreach and education is also needed to raise awareness and prevention at the community level. Overall, cross-sectoral cooperation from various parties is a must to create a safe environment and protect children from sexual violence in Jambi City.
INVESTIGATION LEGALITY AND CERTIFICATION PROCESS OF HALAL PRODUCT GUARANTEE: South Korea Muslim Federation as a Muslim Minority Country Chanifah, Nur; Rohmah, Siti; Kholish, Moh. Anas; Syaikhoni, Syaikhoni; Samsudin, Abu; Ansori, Ibnu Hajar
Al-Risalah Vol 25 No 2 (2025): December 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i2.1620

Abstract

The halal industry is getting attention all over the world, including in countries with Muslim minorities such as South Korea. This country is committed to increasing tourism and promoting halal products, as evidenced by the issuance of a halal certification by the Korea Muslim Federation (KMF). This study examines the laws and procedures governing halal certification in South Korea, a secular country. A qualitative phenomenological approach was employed in this study, involving in-depth interviews with the president and administrators of KMF, as well as observations of halal products and restaurants. The study reveals that the South Korean government is collaborating with KMF for halal certification; however, limited human resources pose a significant obstacle. To overcome this, KMF is cooperating with Muslim-majority countries. In addition, a separate challenge is Korean culture, which is unfamiliar and often conflicts with Islam. Therefore, it is recommended that the government and KMF be more active in socializing the halal concept through exhibitions and public education. This effort is crucial to increasing public acceptance and supporting the success of South Korea's halal certification policy.
TRENDS IN MODERN WOMEN'S RELATIONS IN SOCIAL PROBLEMS: Islamic Law in Tafsir Al-Qurtubi Ida Syarifah, Zulfi; Ulinnuha, Muhammad; Al Munawar, Said Agil Husin; Muhammad, Habli Husna
Al-Risalah Vol 25 No 2 (2025): December 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i2.1540

Abstract

This study aims to analyze modern women’s relationships and the accompanying social problems from an Islamic legal perspective, using Imam al-Qurtubi’s Tafsir al-Jami’ li Ahkam al-Qur’an as the primary reference. This research gap lies in the limited number of studies directly linking classical fiqh interpretations to contemporary women’s socio-legal problems through contextual and socio-legal approaches. This study employed a qualitative approach using interpretive analysis and normative-contextual studies. Data were collected through a literature review of Tafsir al-Qurtubi, fiqh books, and academic studies on Islamic law and gender, supplemented with empirical social data from official sources and social observations of modern women’s relationships. The analysis techniques used are textual analysis, historical-contextual analysis, and a comparative analysis of the normative construction of the interpretation and contemporary social reality. The results of this study indicate that although the Tafsir Al-Qurtubi was born in a medieval patriarchal social context, it consistently positions women as equal legal and moral subjects. Key concepts such as qiwamah (the act of worship), honor, and women’s public role are interpreted as responsibilities and protections rather than as the basis for the legitimacy of domination. In this context, Tafsir Al-Qurtubi is a relevant normative basis for formulating just, inclusive, and welfare-oriented legal solutions for modern women.  
JUDICIAL ACTIVISM IN INDONESIA CONSTITUTIONAL COURT: The Adjudication of Regional Election Disputes Diar, Adithiya; Saputra, Beny
Al-Risalah Vol 25 No 2 (2025): December 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i2.1920

Abstract

In resolving disputes over regional head election results, the Constitutional Court often takes legal steps by postponing the application of the vote margin threshold. In addition, the Court makes judicial reasoning to harmonize various interpretations among election organizers. This study aims to identify the reasons for the deferment of the threshold application and to examine the Constitutional Court's judicial reasoning in handling this dispute. Using normative legal research methods with a conceptual, statutory, and case-based approach, this study concludes that the Constitutional Court has set aside the vote margin threshold in extraordinary cases, particularly in cases involving procedural violations or candidates' ineligibility to advance as participants. This is evident in election disputes from 2016 to 2025. Another conclusion is that the Constitutional Court's use of judicial reasoning aims to resolve legal ambiguity and prevent inconsistencies in the application of election norms among stakeholders. The findings of this study carry significant strategic implications for both election organisers and lawmakers. This study contributes to the understanding of how the Constitutional Court's judicial activism shapes electoral justice and the need for legislative harmonization.
MAKING E-GOVERNMENT WORK IN A SMART SOCIETY Suranto, Suranto; Abdul Manaf, Halimah binti; Mutiarin, Dyah
Al-Risalah Vol 25 No 2 (2025): December 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i2.1942

Abstract

This study employed a bibliometric approach to examine the evolution of e-government research in the context of a smart society in Asia and Europe. E-government is essential for transforming public services; however, it faces obstacles, including the digital divide, data security, and challenges related to citizen engagement. This study used bibliometric analysis of the SCOPUS database to identify research trends, conceptual interrelationships, and thematic developments in e-government and smart society research from 2002 to 2025. The results demonstrated that incorporating smart city principles into e-government has expanded research to encompass governmental openness, civic engagement, and digital innovation. Nonetheless, a substantial disparity persists in the accessibility of digital services, especially for those with limited digital literacy. Moreover, significant disparities in e-government deployment are evident between industrialized and developing nations, shaped by legislation, infrastructural preparedness, and socio-economic conditions. This study offers insights into prospective research avenues and policy recommendations to improve the efficacy of e-government in fostering an inclusive and sustainable smart society.
HUKUM ISLAM, KONSTITUSI, DAN MEDIA DIGITAL: Sebuah Studi Konstruksi Wacana Islam di Indonesia Kontemporer Muji Buddin SM, M; Sulistio, Dody; Irfan Achfandhy, Mochammad; Alfan Sidik, Muhammad; Mubin, Muhammad Nurul
Al-Risalah Vol 25 No 2 (2025): December 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i2.1951

Abstract

Over the past decade, popular Islamic websites in Indonesia have functioned not only as platforms for da'wah but also as arenas for articulating and contesting legal and ideological discourses concerning Islam and the Constitution. This qualitative descriptive study employs Critical Discourse Analysis (CDA) to examine digital texts from four high-traffic Islamic websites: NU Online, Islami.co, Eramuslim.com, and Voa-Islam.com, identified using Alexa (2017–2019) and SimilarWeb (2020) data. The analysis reveals two dominant discursive formations. Legal-formalist platforms such as Eramuslim.com and Voa Islam.com, influenced by the DDII network, advocate for the constitutional integration of sharia, echoing the thought of Abu A‘la al-Maududi. In contrast, substantive contextual platforms such as NU Online and Islami.co emphasize ethical compatibility between Islamic values, democracy, and Pancasila, reflecting Abdullah Saeed’s humanistic interpretation of Islamic law. The findings demonstrate that digital media are not neutral conduits but sites of ideological negotiation where Islamic authority is reconfigured through communicative performance and platform logics that reward dialogical, verifiable, and inclusive narratives. The study contributes theoretically by extending Fairclough’s CDA into the digital ecology, linking textual analysis with metrics of visibility and communicative legitimacy.
PROVIDING HOUSING TO THE INDIGENOUS PEOPLE OF ORANG LAUT: Fulfilling Rights or Changing Culture? Tan, Winsherly; Kalita, Manashi; Seroja, Triana Dewi; Nurlaily, Nurlaily; Silviani, Ninne Zahara
Al-Risalah Vol 25 No 2 (2025): December 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i2.1958

Abstract

The right to get a decent place to live is the right of every person, including the sea people. Therefore, the local government builds houses and moves the sea people from living on boats and nomads to houses. The problem is that living in a house has changed their culture, which usually lives a nomadic life at sea. The purpose of this study is first to analyze the accuracy of the local government’s steps. Second, to analyze the right legal solution in providing decent housing for the sea people. The method in this study is empirical juridical. The type of data used is primary data, namely observations and interviews, and secondary data, namely laws and regulations. In addressing the formulation of the problem in this study, the legal and theoretical basis is the Progressive Legal Theory. The results of the study indicate that the steps taken by the local government in providing physical housing and legalizing the houses are good, but not right, because they have changed the culture of the sea people. A house is a manifestation of a group’s culture, so moving the sea people into houses not only changes their culture but also their lifestyle and work patterns. Therefore, the legal solution is to establish a halfway house with an empowerment program for the sea people, which can be regulated under the Lingga, Indonesia regional regulation. Then it is also necessary to form a law that specifically regulates indigenous peoples to accommodate the traditional rights of indigenous peoples.
THE THE POLICY IMPLEMENTATION OF CANDIDATION: Study of Golkar in Jambi City Mayoral Election 2024 HM, Pahrudin; Lestari, Linayati; Abdi Muhammad, Hatta; Elviria, Samia; Senjaya, Burlian; Salman, Salman
Al-Risalah Vol 25 No 2 (2025): December 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i2.1971

Abstract

This study examines the Golkar Party's decision to nominate the Maulana-Diza pair over internal cadre, Budi Setiawan, for the 2024 Jambi City Mayoral Election using Mazmanian and Sabatier's policy implementation theory. The study highlights that candidate nomination serves as an internal party policy and that technical feasibility, strategic planning, and contextual responsiveness are necessary for its successful implementation. The study found that three primary factors influenced Golkar's choice: (1) The problem's substantive aspects, like Maulana-Diza's broader political coalition, increased electability, and preparedness for logistics; (2) The policy's goals' coherence and clarity, as demonstrated by Golkar's determination to maintain electoral dominance and internal cohesion; and (3) The political and socioeconomic background, including civil society involvement and post-pandemic recovery requirements. One crucial litmus test of Golkar's institutional development is the internal conflict arising from Budi Setiawan's exclusion. The party's ability to manage dissent, realign local loyalty, and preserve organisational unity demonstrates its capacity for successful policy implementation. According to the study's findings, political party nomination strategies guided by well-defined objectives, administrative readiness, and alignment with public needs are associated with effective public policy implementation. It demonstrates the effectiveness of policy implementation theory in evaluating internal party decision-making processes within democratic electoral systems.

Page 41 of 42 | Total Record : 418

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