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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 428 Documents
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PROMOTING EFFECTIVE COMPLIANCE IN CIVIL SERVICE DISPUTE JUDGMENTS: A Cross-Jurisdictional Study Nasrullah Nasrullah; I Gusti Ayu Ketut Rachmi; Lego Karjoko; King Faisal Sulaiman; Nurul Satria Abdi; Muhammad Arya Ansar
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.v26i1.2084

Abstract

Despite the final and binding nature of Administrative Court (PTUN) decisions in Indonesia, their enforcement remains critically low, particularly in civil service disputes. Data indicate that only about 2% of 16,484 PTUN rulings with permanent legal force were voluntarily implemented by administrative officials between 2012 and May 2025. This research employed a normative legal method combined with statutory, case, and comparative approaches to examine the systemic barriers to execution. The findings demonstrated that the ineffectiveness of PTUN decision enforcement arose, in abstracto, from regulatory ambiguity regarding execution mechanisms and institutional authority, and, in concreto, from a low-compliance culture among administrative officials. In contrast, Thailand recorded an execution rate of approximately 92% in civil service disputes, supported by clear coercive powers and contempt-of-court sanctions, while Germany achieved high compliance through integrated legal frameworks and independent supervisory institutions. This study has advocated reforming Indonesia’s PTUN system by granting the Head of the Administrative Court supervisory and enforcement powers and introducing a civil contempt mechanism to enhance compliance, bolster judicial efficacy, and advance administrative justice in judgments on civil service disputes.
SYMBOLIC GOVERNANCE OR LEGAL ACCOUNTABILITY? RETHINKING ADIPURA IN INDONESIA’S ENVIRONMENTAL GOVERNANCE REGIME: A Socio-Legal Analysis Tyasning Permanasari; Suparto Wijoyo; Mas Rahmah; Radian Salman
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.v26i1.2116

Abstract

This study examines the Adipura Program within Indonesia’s decentralized environmental governance system by addressing the gap between legal norms and administrative practices. Although Indonesia has established a comprehensive environmental legal framework, the implementation of environmental governance instruments often remains symbolic rather than transformative. This research aims to analyze the juridical status and effectiveness of the Adipura Program and to propose a socio-legal reconstruction to strengthen environmental accountability. The study employs a socio-legal approach that integrates normative legal analysis with governance analysis. The data consist of statutory regulations, policy documents, and environmental governance reports, which are analyzed using Friedman’s legal effectiveness theory and Kooiman’s interactive governance framework. The findings reveal that Adipura primarily functions as a recognition-based administrative mechanism with limited binding legal authority, fragmented institutional coordination, and weak participatory accountability. Evaluation indicators tend to emphasize visible environmental outputs rather than institutional governance capacity. The study proposes a reconstruction model based on three key dimensions: strengthening statutory legal foundations, integrating environmental indicators into public sector accountability systems, and expanding participatory governance mechanisms. Theoretically, this study contributes to socio-legal environmental governance scholarship by showing how recognition-based environmental instruments may lose legal effectiveness when legal substance, institutional structure, and governance culture are not coherently aligned. This research contributes to environmental governance scholarship by repositioning Adipura as a legal governance instrument and advancing socio-legal analysis of environmental policy instruments in decentralized systems.
BALANCE OF STATE-OWNED ENTERPRISES: Between Public and Private Entities in Providing Protection To The Board of Directors Firdaus Firdaus; Rahmad Hendra; Samariadi Samariadi; Sonny Zulhuda; Rika Lestari; Hengki Firmanda
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.v26i1.2148

Abstract

The position of the state-owned Persero has sparked debate, namely as a public body and a private entity. Consequently, the duties and functions of the Persero SOEs, as drivers of the national economy, are not proportionate to the legal risks faced by the board of directors. The accountability of directors is not only subject to private law but also to public law. This research uses a legal normative method, focusing on legal principles and the level of legal synchronisation. This study found that the Company’s SOEs as private legal entities should be managed through private legal mechanisms. Still, the conflict of norms between the concept of state losses and business risks raises fundamental problems. State capital paid to SOEs has become the wealth of SOEs. However, existing regulations still treat it as state wealth, resulting in the legal status of SOEs becoming blurred and in the loss of their independence and personhood. This research contributes to encouraging legal reform of Indonesian SOEs to clarify the position of SOEs as private entities, directors' accountability, and the management of corruption risks by strengthening transparency and applying the doctrine of fiduciary duty and the business judgment rule as benchmarks for management accountability.
BEYOND RELIGIOUS VALIDITY: Evaluating Wali Muhakkam Through Legal Pluralism and Maqasid Al- Shari'ah in East Aceh Said Rizal; Emir Syarif Fatahillah Pakpahan; Elvira Fitriyani Pakpahan; Heriyanti Heriyanti; Tommy Leonard
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.v26i1.2179

Abstract

Practices resembling wali muhakkam in unregistered marriages remain prevalent across various regions of Indonesia despite lacking formal recognition under national law. Existing scholarship has largely focused on the doctrinal validity of such marriages. At the same time, insufficient attention has been paid to the broader legal implications arising from competing normative authorities and their compatibility with the objectives of Islamic law. The study examines the practice of wali muhakkam in East Aceh through the combined lenses of legal pluralism and maqasid al shari'ah. Employing a social-legal approach, it integrates doctrinal analysis of Indonesian marriage law with empirical data obtained through interviews with religious leaders, imeu gampong, officials of the office of Religious Affairs, and couples involved in unregistered marriages. The findings reveal that wali mahakkam functions as an alternative source of normative authority situated between state law, religious norms, and social legitimacy. While the practice contributes to the realization of hifz al-din by facilitating marriages regarded as religiously valid. It does not consistently secure the broader objectives of maqasid al-shariah, particularly the protection of lineage (hifz al-nasl), property (hifz al-mal), and dignity (hifz al-ird). This study argues that religious legitimacy should not automatically be equated with substantive legal protection. It therefore proposes a maqasid-oriented reconstruction of guardianship regulation aimed at reconciling legal certainty, religious legitimacy, and social realities within Indonesia's plural legal order. The study further demonstrates that the persistence of wali muhakkam cannot be explained solely through legal pluralism but must also be evaluated according to its capacity to realize the substantive objectives of maqasid al-shari'ah.
REVISITING THE REASONABLENESS OF MAHR IN INDONESIA, INDIA, PAKISTAN AND BANGLADESH: A Multilayered Comparative Analysis Musyaffa Amin Ash Shabah; JM Muslimin; Abdurrahman Dahlan; Soleh Samy
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.v26i1.2275

Abstract

Social status, cultural pressures, and economic stratification often drive the high value of marriage dowries. This study analyzes the social and cultural influences on dowry practices in Indonesia, India, Bangladesh, and Pakistan. It formulates a reconstruction of the determination of dowry grounded in the principles of fairness and justice. This study is normative-empirical, using a qualitative approach with a multilayered comparative approach, both in social, cultural, and legal aspects of dowry determination, which is then analyzed using the IRAC (Issue, Rule, Argument, and Conclusion) method. The results of the study show that although dowry in Islamic law functions as a theological right of the wife and financial protection, in practice, dowry is often influenced by socio-economic and cultural factors, making it a symbol of social status, a burdensome cultural pressure, and even a source of dowry-based violence. This study also identifies significant challenges in law enforcement regarding dowry, despite regulations governing it. Therefore, it is necessary to reconstruct the determination of dowry by prioritizing the principles of fairness, distributive justice, and integration between legal regulations and human values to prevent harmful dowry practices. This will create a legal system that is responsive to social dynamics, protects women's rights, and ensures justice for both parties in marriage, free from irrational social and cultural pressures.
ALGORITHMIC GOVERNANCE AND DEMOCRATIC LEGITIMACY: Rethinking Digital Co-Creation in Constitutional Law-Making Syafri Hariansah; Laila Qhistina
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.v26i1.2285

Abstract

Despite the rapid digitalisation of legislative processes in Indonesia, public participation in law-making remains largely consultative and exerts limited influence on legislative outcomes. Existing scholarship predominantly frames digital participation in terms of transparency and governance innovation, overlooking its constitutional function in sustaining democratic legitimacy. This article argues that legislative processes are increasingly structured by algorithmic governance, where digital platforms not only facilitate but also filter and prioritise public input, thereby reshaping the relationship between participation and legitimacy. Using a socio-legal approach combining doctrinal analysis and comparative examination, this study analyses the regulatory framework under Law No. 12 of 2011 as amended by Law No. 13 of 2022 and evaluates Indonesia’s digital legislative platforms. The findings reveal that participation remains largely symbolic due to three structural deficiencies: the absence of binding obligations that require legislative responsiveness, a fragmented institutional design, and the opacity of algorithmic mediation. Comparative experiences from Finland, the United States, and the European Union demonstrate that participation contributes to legitimacy only when it generates enforceable institutional duties within accountable digital systems. This article advances digital co-creation as a constitutional model that redefines participation as a structural condition of legitimacy in algorithmically mediated law-making, requiring institutional arrangements that embed citizens in iterative legislative processes under conditions of algorithmic accountability.
Poligami sebagai Ibahah Bersyarat: Penalaran Hukum Islam dan Regulasi Negara dalam Kitab Undang-Undang Hukum Pidana Nasional Muhammad Fawwaz Farhan Farabi; Mesraini Mesraini; Raihanah Abdullah
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.v26i1.2292

Abstract

The enactment of Law Number 1 of 2023 concerning the Criminal Code (National KUHP) marks a paradigm shift in Indonesian family law enforcement, specifically regarding unregistered polygamy. This paper investigates the constitutionality and theological legitimacy of criminalizing unauthorized polygamy under Articles 401, 402, and 403 of the new Penal Code. Using a normative-juridical method approach through Fiqh Siyasah (Islamic political jurisprudence), this research addresses the tension between religious validity (diyanatan) and state legality (qada’an). The study reveals that the state’s regulation does not prohibit the permissible (haram li al-mubah) but applies the doctrine of taqyid al-mubah (restriction of permissible acts) based on sadd al-dzari’ah (blocking the means to harm). The research introduces the concept of Conditional Ibahah arguing that court permission is not merely administrative but a substantive condition to ensure the maqasid (objective) of justice and protection of lineage (hifz al-nasl). The findings conclude that the criminal sanctions in the new Criminal Code are legitimate forms of ta'zir authorized by the ruler to protect the rights of the first wife and children from the latent injustice of underground polygamy.
REGULATORY TRANSFORMATION OF ENVIRONMENTAL IMPACT ASSESSMENT IN INDONESIA: NGF and MACTOR Analysis Farid Mohammad; Surjono Hadi Sutjahjo; Hefni Effendi; Imas S. Sitanggang; Dwi P. Sasongko
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.v26i1.2304

Abstract

Since 1986, Indonesia’s Environmental Impact Assessment (EIA/AMDAL) regime has undergone successive regulatory reforms. The main problem is that environmental approval has increasingly shifted from a substantive environmental safeguard toward a more procedural and licensing-oriented instrument, raising concerns over declining assessment quality and narrower public participation. This study aims to evaluate the direction of that regulatory transformation and to explain the actor dynamics that sustain it. The study examines five major Government Regulations on EIA in Indonesia: GR No. 29 of 1986, GR No. 51 of 1993, GR No. 27 of 1999, GR No. 27 of 2012, and GR No. 22 of 2021. Using an exploratory sequential mixed-methods design, data were collected through regulatory document review, in-depth interviews with 9 senior EIA experts, and Focus Group Discussions with 25 multi-sectoral stakeholders. The data were analyzed through content analysis using the Next Generation Framework (NGF) and prospective stakeholder analysis using MACTOR (Méthodologie des Acteurs, Objectifs, Rapports de force). The findings show a clear policy shift from substantive environmental assessment to procedural efficiency, particularly under risk-based and digitally integrated licensing. NGF results indicate a decline in technical and participatory quality, while MACTOR reveals that proponents, EIA consultants, and government agencies are the dominant actors shaping regulatory outcomes. These findings imply that current reforms strengthen administrative efficiency but risk weakening the legal-protective function of EIA. The study recommends restoring substantive assessment criteria, improving data-validation capacity in digital systems, and expanding participatory rights beyond directly affected communities.

Page 43 of 43 | Total Record : 428

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