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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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THE WAQF MODELS FOR HIGHER EDUCATION: Malaysia's Experience and Challenges in Strengthening a Waqf-Based Higher Education System Muhammad Don, Mohd. Ali bin; Rosli, Mohd. Rilizam bin; Mohd. Senin, Mohd. Shukri bin; Husain, Mohd. Huefiros Efizi bin; Ahmad, Mohd. Farhan bin; Hj. Mohiddin, Hjh. Mas Nooraini binti; Yusof, Kamaru Salam; Kurniawan, Cecep Soleh
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.v25i2.1995

Abstract

This article analyses the waqf model for education in Malaysia by assessing the implementation of educational waqf, its achievements, and the challenges it faces. This study also examines how waqf can serve as a mechanism to strengthen Malaysia's education system. This study examines various initiatives and programmes undertaken by waqf agencies and educational institutions in Malaysia to improve access to higher education and to provide students in need with facilities and funding. This qualitative study employs a document analysis approach, drawing on research data from priorrom prior studies and authentic, up-to-date written documents. The study's findings present several models of waqf implementation in higher education in Malaysia. These models can be applied by other higher education institutions, with minor adjustments appropriate to the local educational context. This is significant in light of the waqf's role in education, which has been vigorously pursued for thousands of years.
LEGAL DILEMMA OF UNDOCUMENTED INDONESIAN MIGRANT WORKERS IN MALAYSIA: Compliance or Non-Compliance? Sofiani, Trianah; Kamalludin, Iqbal; @ Safri, Norhamidah Binti Jarimal
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.v25i2.1998

Abstract

This study explores the dilemmas faced by undocumented Indonesian migrant workers in deciding whether to comply with the law and examines the characteristics of their legal compliance and non-compliance through a multidisciplinary approach. Using a sociolegal method, interviews were conducted with purposively selected undocumented Indonesian migrant workers. Furthermore, a survey was conducted by administering questionnaires to 50 undocumented Indonesian migrant workers using online media channels. The findings reveal that undocumented Indonesian migrant workers who chose to disobey the law did so mainly because of their distrust in the legal system, rather than as a result of conscious or reflective reasoning.  This is illustrated by the reasons for doubt, lack of funds, cost, fear of deportation, fear of punishment, fear of being blackmailed by officers, fear of being blocked, and fear of being unable to work abroad. Collaborative strategies and approaches based on the principles of justice, benefit, and trust are key to resolving the challenges facing undocumented Indonesian migrant workers. Fair implementation of laws and policies that provide tangible benefits to the community fosters trust in the legal system. This trust ultimately eliminates migrant workers' hesitation to comply with the law. These findings contribute to the efforts of policymakers, international organizations, and non-state actors to strengthen the governance of cross-border migration, particularly for migrant workers.
DISPARITY IN AUTHORITY AND EFFECTIVENESS OF OMBUDSMAN’S RECOMMENDATIONS IN PREVENTING MALADMINISTRATION Sulistyowati, Sulistyowati; Maharani, Dewi Nadya; Maharaja, Gusti Bintang
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

Abstract

Ombudsman of the Republic of Indonesia (ORI) oversees public services and prevents maladministration, yet its recommendations, despite a strong legal basis, are often treated as non-binding, resulting in persistent non-compliance. This study aims to assess the effectiveness of the Ombudsman’s authority in preventing maladministration and to propose normative and institutional measures to enhance bureaucratic compliance. The research employs a normative legal methodology, focusing on the analysis of key regulatory frameworks, particularly Law No. 25 of 2009 on Public Services and Law No. 37 of 2008 on the Ombudsman of the Republic of Indonesia. Data were collected through a comprehensive literature review and analyzed using descriptive-analytical techniques. The findings reveal that weak compliance with Ombudsman recommendations is primarily driven by bureaucratic resistance, political interference, and institutional capacity constraints. The novelty of this study lies in its argument for strengthening the Ombudsman through legislative reform, including the introduction of limited executive authority, enhanced institutional autonomy, and proactive supervisory mechanisms. The study concludes that reinforcing the legal and institutional position of the Ombudsman is essential not only to improve administrative accountability but also to reflect the state’s genuine commitment to the rule of law, democratic governance, and effective public service delivery.
BETWEEN LEGALIZATION AND MORAL HAZARD: A Maslahah-Mafsadah Analysis of Prenuptial Pregnancy Marriage (Kawin Hamil) in Indonesian Islamic Law Fatarib, Husnul; Hayati, Suci; Ferliadi, Agus Salim
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.v25i2.2016

Abstract

This study critically examines the implementation of Article 53 of the Compilation of Islamic Law (KHI) in Indonesia, which permits marriage for women who become pregnant out of wedlock (kawin hamil). Using a qualitative case study approach in Lampung, the research draws on in-depth interviews with religious leaders and officials from the Office of Religious Affairs (KUA). It analyzes them through the frameworks of u??l al-fiqh and maq??id al-shar?‘ah. Findings reveal that kawin hamil is widely seen as a necessary socio-legal solution. It protects the child’s lineage (nasab) and preserves family honor (‘irdh). The Hanafi school and aspects of the Sh?fi?? tradition justify this practice. Normatively, it is categorized as a maslahah ?ajiyyah (secondary public interest). However, the study identifies a normative tension. While the policy addresses immediate social concerns, it risks undermining the deterrent function (zajr) of Islamic law against zina (unlawful sexual relations). This creates an imbalance in the pursuit of the higher objectives of Sharia (maq??id al-shar?‘ah). The protection of lineage (?if? al-d?n) and dignity (?if? al-‘irdh) is prioritized over religion in their preventive roles. The study concludes that legal-administrative measures alone are insufficient. It calls for a more holistic policy framework that includes moral counseling, religious education, and a balanced application of maqa?hid principles to uphold both legal certainty and spiritual-moral integrity in Islamic family law.
MURDER BY TREACHERY IN ISLAMIC AND INDONESIAN CRIMINAL LAW Irfan, M. Nurul; Rosyid, Maskur; Faiz, Muhammad Fauzinudin
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.v25i2.2039

Abstract

This study examines the concept of qatl al-gh?lah (murder by treachery) in Islamic criminal law and its relevance to the reform of Indonesia’s national criminal law. The phenomenon of qatl al-gh?lah is an essential issue in the study of Islamic criminal law because it has characteristics that differ from other types of murder. From the perspective of Islamic jurisprudence (fiqh jin?yah), this crime is classified as murder whose punishment can only be enforced through qi??? and ??cannot be removed even if the victim’s family forgives. The relevance of this issue becomes increasingly evident when linked to several cases in Indonesia, such as the murder of Affan Kurniawan by a police officer, the Ferdy Sambo case, the KM 50 incident, and various other cases that demonstrate the weak protection of public security. However, previous studies rarely connect the normative concept of qatl al-gh?lah with practical issues in Indonesian positive criminal law, resulting in a gap in understanding how treachery-based murder should be legally qualified. Using a qualitative, normative approach through a literature review and case analysis, this study finds that qatl al-gh?lah warrants urgent attention in inspiring national criminal law reform. Its primary contribution is to provide a conceptual foundation for discussing the special category of murder based on exceptions, thereby integrating Islamic values of justice into the Indonesian criminal law system.
STRENGTHENING HALAL TOURISM GOVERNANCE IN PEKALONGAN: A Maqasid-Based Collaborative Governance Framework within Siyasah Dusturiyah Mustofa, Mustofa; Ahyani, Hisam; Irsyansyah, Irsyansyah; Ma'ruf, Attabik Hasan; Buchori, Muhamad; Muadib, Ihwanul; Supriadi, Agus; Gumel, Salisu Muhammad
Al-Risalah Vol 26 No 1 (2026): June 2026
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v26i1.2046

Abstract

The rapid growth of halal tourism has generated increasing global attention toward governance models that integrate religious values with sustainable and accountable public policy frameworks. As Muslim-friendly tourism expands across diverse jurisdictions, regulatory implementation often faces structural, institutional, and coordination challenges. In Indonesia, the Central Java Governor Regulation No. 40 of 2023 on Muslim-Friendly Tourism seeks to regulate halal services, worship facilities, and information transparency to accommodate Muslim travelers. This study evaluates the implementation of this regulation in Pekalongan City using a juridical-empirical approach. Data were collected through 12 in-depth interviews with key stakeholders, including tourism actors, religious leaders, and government officials, complemented by field observations. The findings reveal that although the regulation formally reflects Islamic legal values, particularly maq??id al-shar?‘ah, its implementation remains suboptimal due to weak inter-agency coordination, limited public literacy, and the absence of measurable evaluation indicators. This study proposes a Maq??id-based collaborative governance model that integrates Islamic legal objectives, consumer protection principles, and cross-sectoral coordination mechanisms. The model contributes to the broader discourse on halal tourism governance by offering an analytically grounded framework for strengthening accountability, stakeholder collaboration, and policy sustainability in Muslim-friendly tourism regulation.
LAYERED HYBRID MODEL IN CRIMINAL RESOLUTION: Integrating Epkeret and State Law Under Legal Pluralism in Indonesia Saimima, Judy Marria; Laturette, Adonia Ivonne; Titahelu, Juanrico Alfaromona Sumarezs; Akyuwen, Rory Jeff
Al-Risalah Vol 26 No 1 (2026): June 2026
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v26i1.2180

Abstract

The ratification of the New Criminal Code (Law No. 1 of 2023) marks a paradigm shift towards restorative justice by recognizing the fulfillment of customary obligations as a valid criminal sanction. However, the absence of procedural technical guidelines creates a significant gap in the integration of customary law into the formal justice system, which could lead to legal uncertainty. This study aims to develop an operational framework using a “Layered Hybrid Model” to bridge customary criminal law and state law without violating human rights. Using sociological-legal methods and empirical data from South Buru Island, Maluku, as well as comparative analysis of customary courts in New Zealand and Canada, this study formulates a two-tiered mechanism. The first tier places customary law (Epkeret) as the primum remedium for social restoration, while the second tier establishes state law as the ultimum remedium for serious crimes. This article offers the first operational institutional design for customary criminal justice in Indonesia by proposing a State-Community Validation Forum as a constitutional filter mechanism. This model encourages a transition from weak legal pluralism to “strong and controlled legal pluralism,” ensuring that customary justice is constitutionally valid and operationally applicable in a modern criminal justice system. 
RECASTING THE BEST INTERESTS TEST: Safeguarding Sibling Continuity in Indonesian Custody Adjudication Hamrany, Ahmad Khairun; Rusydi, Bustanul Arifien
Al-Risalah Vol 26 No 1 (2026): June 2026
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v26i1.2183

Abstract

The absence of clear evaluative guidelines for child custody determination in Indonesia has led judicial reasoning to be dominated by parent–child relational assessments. In contrast, the continuity of children’s relationships with their siblings is frequently overlooked. Yet sibling bonds can be crucial protective factors for children’s adjustment following parental divorce. The study aims to map how judges operationalize the best interests of the child principle in custody cases involving more than one child; to assess the consideration given to sibling relationships, psychosocial evidence, and children’s participation; and to propose regulatory strengthening. Using a normative–empirical design, this study examines how judges assess children’s psychosocial circumstances as a basis for deciding custody disputes. Data were collected through purposive sampling of court judgments and mediation outcomes in child-custody disputes involving multiple children. Qualitative analysis and reflexive thematic analysis were employed to map the ratio decidendi and to identify operational gaps in custody adjudication concerning sibling relationships, psychosocial evidence, and children’s participation across judicial decisions. The findings show that judges consistently invoke the best interests of the child as the guiding principle, but operationalize it through a narrow focus on the individual parent–child relationship. Decisions to keep siblings together or to separate them are made without a transparent analysis of the psychosocial implications for the children. By reframing sibling-relationship continuity as a prima facie element of the best-interests principle, this study proposes a phased strengthening of Indonesia’s custody adjudication framework through Supreme Court circular guidance and legislative reform.

Page 42 of 42 | Total Record : 418

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