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Al-Risalah : Jurnal Imu Syariah dan Hukum
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : 22528334     EISSN : 25500309     DOI : -
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
The journal Al-Risalah contains works whose material focuses on the results of research and thoughts related to the development of scientific disciplines, both sharia and legal disciplines in general. Also works covering thoughts that integrate religious disciplines (sharia) and legal disciplines in general. The scope of this journal includes: Jurisprudence Ushul al-Fiqh Tafseer and Ulumul Quran Hadith and Ulumul Hadith Islamic Politics and Thought International Relations in Islam Civil law Criminal law International law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
 1 
Search results for , issue "VOLUME 22 NO 2, NOVEMBER (2022)" : 9 Documents clear
The Urgency of Maqāshid al-Syarīah in Strengthening Religious Moderation in Aceh Husamuddin MZ; Harwis Alimuddin
Al-Risalah VOLUME 22 NO 2, NOVEMBER (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.29781

Abstract

Understanding religion (fiqh al-din) is more specific than just knowing religion (al-'ilm bi al-din). Understanding religion will not be realized except by knowing the content and secrets of religion. The science that includes understanding the intentions contained in religious texts is in the study of maqāshid. Among the ways to produce a moderate understanding is to combine particular texts (nashus juz'iyyah) with global intentions (maqāshid kulliyyah). Then the principle that is used as the basis for understanding the text is to look at the difference in meaning in worship and muamalah and distinguish between fixed goals (maqāshid) and changing means (wasīlah). As a sharia area, minorities live in peace in Aceh, there is no conflict between Muslims and non-Muslims. However, the problem has occurred in the internal circles of Muslims in the last ten years as a result of the religious understanding of the Acehnese Muslims. Therefore, it is necessary to look at the concept of moderation in Islamic studies and how urgent the maqāshid al-syarīah approach is to strengthening religious moderation in Aceh. This research is field research with qualitative methods, while the data analysis uses descriptive-analytic with the maqāshid al-syarīah approach. The results show that religious moderation in Islamic studies is not a new thing, known as wasathiyah al-Islām. Then there are not a few who think that the internal moderation of Muslims in Aceh has not been going well and there is still a need for further strengthening and socialization related to religious moderation.
Kewenangan Satuan Polisi Pamong Praja Dalam Pengamanan Aset Daerah Pemerintah Provinsi Sulawesi Selatan Firman Anugrah; Syamsul Bachri; Juajir Sumardi
Al-Risalah VOLUME 22 NO 2, NOVEMBER (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.31474

Abstract

This study aims to identify and explain the implementation of the Authority of the Civil Service Police Unit in Securing Regional Assets of the South Sulawesi Provincial Government. To find out and explain the settlement of violations committed by the Civil Service Police Unit in Safeguarding Regional Assets for the South Sulawesi Provincial Government. This research uses normative-empirical research. The types and sources of law used in this research are document data and secondary data. Methods of collecting data through interviews and documentation, all of the data were analyzed qualitatively and presented in descriptive form. The results of the study show that the authority of the Civil Service Police Unit in securing regional assets of the South Sulawesi Provincial Government is the authority of the delegation, the authority that transfers responsibility to those who are given the authority in this case the regional secretary based on the BKAD letter which is dispositioned to Satpol PP, the delegation's authority is created because of their attribution authority, authority sourced from Law No. 23 of 2014, PP No. 16 of 2018 and Regional Regulation No. 3 of 2017. and Settlement of violations of the Civil Service Police Unit in securing regional assets of the South Sulawesi Provincial Government is carried out by PPNS Satpol PP in coordination and supervision of investigators the police with the process of investigation, examination, summons and solution.
Revealing the Economic Justice in the Inheritance Legal System in Indonesia Muhammad Majdy Amiruddin
Al-Risalah VOLUME 22 NO 2, NOVEMBER (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.33523

Abstract

The purpose of this study was to reveal economic justice in the inheritance legal system in Indonesia Qualitative research was used in this study to frame, analyze, and provide solutions in the form of a strategic role model for the Indonesian government in completing and streamlining the distribution of inheritance riches. It is hoped that the answers will be based on the difficulties that Islamic groups and religious courts have had in distributing inheritance riches. In addition to zakat, infaq, shodaqoh, and endowments, suggest inheriting money as a public fund. Religious courts and Islamic organizations handle the execution and resolution of inheritance wealth distribution disputes. In Indonesia, the distribution of inherited wealth takes on a new dimension thanks to the proliferation of different types of institutions. Individual family tensions, hoarding treasure, and societal economic inequities could all be avoided if legacy wealth distribution is handled correctly
Participatory Principles in Forming the Regional Parking Regulations in Makassar City Nur Azizah; Marwati Riza; Muh. Hasrul
Al-Risalah VOLUME 22 NO 2, NOVEMBER (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.28592

Abstract

Considering the importance of community participation in the process of forming local regulations, which are sometimes overlooked by the local government and the Regional House of Representatives, this study was conducted to analyze the forms and implications of community participation in forming the regional parking regulations in Makassar City using an empirical research type. The approaches in this study were the statutory approach, the stratification approach, and the sociological approach. The data analysis used a qualitative method in the form of descriptive analysis. The results of the study showed: 1) the forms of community participation in forming the regional regulations in Makassar City could be divided into three stages. First, community participation in the ante-legislative stage included 1) Research; 2) Discussions, Workshops, and Seminars; 3) Initiative proposals; and 4) Draft Bill. Second, public participation in the legislative stage included 1) Audience; 2) Alternative Draft Bills; 3) input through print media; 4) input via electronic media; 5) demonstrations; and 6) discussions, workshops, and seminars. Third, people's participation in the post-legislative stage included 1) demonstrations, 2) law review, and 3) socialization of the law. The implications for forming regional regulations that do not use participatory principles can be seen from two sides, namely public legal awareness and community legal compliance. The community and parking attendants are aware but disobedient due to several factors, namely accessibility, legal knowledge, understanding of the law, patterns of legal behavior, and factors of the long-standing legal culture of the community. As a result, the effectiveness of forming regional regulations has not been effective because they still need to fulfill the principles of forming laws, namely the principles of efficiency and effectiveness, as well as the principle of openness.
Decision Concepts State Administration Post Entry into Law Number 30 Of 2014 Concerning Government Administration Muslim Haq. M.; Anshori Ilyas
Al-Risalah VOLUME 22 NO 2, NOVEMBER (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.34008

Abstract

After the enactment of Law no. 30 of 2014 Concerning Government Administration, the Concept of State Administrative Decisions has experienced a shift in meaning as intended in Article 1 Paragraph (3) Law no. 5 of 1986 concerning the State Administrative Court was later amended in Law no. 9 of 2004 concerning Amendments to Law no. 5 of 1965 concerning the State Administrative Court and amended for the second time in Law no. 51 of 2009 concerning the Second Amendment to Law Number 5 of 1986 concerning the State Administrative Court. The research method used is normative research or library research. From the results of this study, in general there are two concepts of state administrative decisions, namely: (1). State Administrative Decision in writing, and (2). Unwritten State Administrative Decisions, among others: (1). Government Administration Actions or Factual Actions and (2). State Administrative Decisions in the form of speech.
Juridical Study Dispute Settlement Process Cancellation of Sale and Purchase of Land Rights and Joint Assets Nazira Inaya Putri; Nynda Fatmawati Octarina
Al-Risalah VOLUME 22 NO 2, NOVEMBER (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.34172

Abstract

The research was conducted aiming to find out how the process of settlement of land sale and purchase disputes was carried out. The research was conducted with reference to the applicable laws and regulations. Data analysis using data equations that have been obtained at the time of the study finally obtained the following research results: (1) Based on the decision of the case Number: 62/Pdt.G/2013/PN. Tk is a problem in the implementation of the sale and purchase of joint assets carried out without the consent of one of the parties. The decision of the panel of judges in Decision Number : 62/Pdt.G/2013/PN.Tk which rejected the plaintiff's claim was correct. This is because the disputed land is not a joint property (gono gini) of the Plaintiff and Defendant II. Defendant II did not act for himself but only served as a "proxy". The position of Defendant II who only acts as the "power" to sell the disputed land is reasonable because as has been considered above.
Legal Effects on PPAT That are Involved in the Making of Multiple Certificates Helend Kasanda; Habib Adjie
Al-Risalah VOLUME 22 NO 2, NOVEMBER (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.34312

Abstract

In the implementation of maintaining and protecting the rights of citizens and providing clear legal certainty regarding the registration of a plot of land in order to legalize ownership of land parcels and individual rights in control over land on the basis of PP no. 24 of 1997 concerning Land Registration. PPAT is a public official who is authorized to make a deed of transfer of land rights, deed of assignment of land rights, and deed of power of attorney to impose Mortgage Rights. With this authority, PPAT can take other people's rights by making land deeds for the issuance of other certificates on land owned by other people, so there will be multiple certificates on the same piece of land. In his behavior that violates and abuses his authority and obligations as PPAT, the legal impact of dishonorable dismissal or criminal threats needs to be carried out in order to protect the rights of land owners from crimes committed by PPAT that can harm other parties.
Regional Government Authority in Fulfilling the Right to Legal Aid for the Poor and Vulnerable Groups Indah Sari; Aminuddin Ilmar
Al-Risalah VOLUME 22 NO 2, NOVEMBER (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.29151

Abstract

Local government is authorised to fulfil the right to legal aid to disadvantaged and vulnerable groups. Such authority is referred to as attributive authority. The regional government's implementation of legal aid is critical because the central government's budget allocation for such aid remains constrained. This is evident from the unequal distribution of funds for legal aid as well as the disparity between the number of legal aid organisations and the number of people in need. In addition to being constrained by the budget, the provision of legal aid under Law No. 16 of 2011 concerning Legal Aid is currently confined to the poor, despite the fact that various laws mandate the provision of legal aid to certain groups.
Enforcement of the Prosecutor's Dominus Litis Principle Against the Authority of Military Auditors as Public Prosecutors in Military Courts Nurul Amaliah; M. Syukri Akub; Haeranah
Al-Risalah VOLUME 22 NO 2, NOVEMBER (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.34355

Abstract

Enforcement of the Dominus Litis Principle of the Prosecutor's Office against the Authority of Military Prosecutors as Public Prosecutors in the Military Courts with the presence of UURI No. 31 of 1997 concerning Military Justice there is an overlap of authority with the principle of dominus litis from the prosecutor's office as the only state institution that is given authority in prosecution in Indonesia. This research is an empirical normative research, combining the normative legal approach of legislation with empirical elements in the form of interviews. The results showed that the authority possessed by military prosecutors as public prosecutors in military courts clashed with the dominus litis principle of the prosecutor's office as the only state institution granted authority in prosecutions in the country, but with the establishment of Jampidmil in the organizational body of the prosecutor's office specifically as a public prosecutor in the military courts, as a solution to restore the principle of dominus litis as a foundation ...

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