Al-Risalah : Jurnal Imu Syariah dan Hukum
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
Articles
10 Documents
Search results for
, issue
"VOLUME 23 NO 1, MAY (2023)"
:
10 Documents
clear
<![CDATA[THE URGENCY OF MAQĀŞID SHARĪA FOR HALAL TOURISM REGULATION IN INDONESIA ]]>
<![CDATA[Nurjannah]]>;
<![CDATA[Awalauddin, Murtiadi]]>;
<![CDATA[K, Amiruddin]]>;
<![CDATA[Fadel, Muhammad]]>;
<![CDATA[Asti, Mulham Jaki]]>
<![CDATA[ Al-Risalah VOLUME 23 NO 1, MAY (2023) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24252/al-risalah.vi.35026
<![CDATA[Halal tourism is one of the halal value chains that has experienced very significant development, not only in Muslim-majority countries but has penetrated into minority countries. Indonesia is also one of the drivers of halal tourism with various achievements achieved in the international arena, however, the regulation of halal tourism is still a polemic and there is no strong legal umbrella governing it. This research aims to see the urgency of maqashid sharia on halal tourism regulation in Indonesia. This research is a normative research with literature search method. Data obtained from journals, books, research relevant to the discussion are reviewed descriptively. The result of the research is that related to halal tourism in Indonesia there has been a MUI fatwa No. 18/MUI-DSN/X/2016 concerning Guidelines for the Implementation of Tourism Based on Sharia Principles and various other laws and regulations, but it has not fully given effect to tourism management and development, especially legal certainty. So in making regulations, the elements of maqashid sharia are needed, namely protecting religion, soul, mind, offspring and property which is the basic foundation because it is in line with the purpose of establishing halal tourism, namely the realization of maslahah and avoiding mafsadah which can be achieved by all related elements.]]>
<![CDATA[PROBLEMATICS OF THE POSITION OF NOTARY IN TECHNOLOGY DEVELOPMENT AND INFORMATION ]]>
<![CDATA[Sulaiman Khalid, Raden Raihan]]>;
<![CDATA[Saleh, Moh.]]>
<![CDATA[ Al-Risalah VOLUME 23 NO 1, MAY (2023) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24252/al-risalah.vi.36992
<![CDATA[In the development of technology and information, digitalization needs to be carried out to support the duties and positions of a notary. As a way of adaptation, notaries can implement cyber notaries with positive benefits. Cyber Notary is a concept of utilizing technology that can assist notaries in carrying out their duties. Although there are many positive benefits, there are also obstacles to its application in Indonesia. The goal to be achieved in this research is to find out the problems faced by notaries in going digital, in order to find solutions in an effort to support the notary's duties. The method used is a normative juridical method, with an approach to related laws, and a conceptual approach. From the research results obtained, it is concluded that there are statutory constraints that are still contradictory in implementing Cyber Notary if it is implemented, it can lead to legal conflicts for notaries. As a solution, harmonization of applicable laws is needed.]]>
<![CDATA[ISLAMIC LAW PHILANTHROPY IN INSTITUTIONS AND URBAN VILLAGE COMMUNITY EMPOWERMENT PATTERNS IN PAREPARE CITY ]]>
<![CDATA[Hannani]]>;
<![CDATA[Hasim, Hasanuddin]]>;
<![CDATA[Abdillah]]>
<![CDATA[ Al-Risalah VOLUME 23 NO 1, MAY (2023) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24252/al-risalah.vi.37008
<![CDATA[Parepare city community empowerment through Parepare Mayor Regulation No. 4 of 2019 concerning Guidelines for Community Empowerment Institutions for the City of Parepare Village is a step by the city government in increasing the empowerment of the keluran community, but it is inversely proportional to the poverty rate from 2019-2022 which has shown a drastic increase, this is what makes researchers want to see the implementation of the mayor's regulations and community empowerment parepare city from an Islamic philanthropic perspective, this research method is a qualitative research using library research and field research methods, Islamic philanthropy and the concept of the Indonesian state are manifested linearly with Parepare Mayor Regulation No.4 of 2019 concerning guidelines for implementing village community empowerment institutions including namely : 1) Facilitate the municipal government of Parepare in preparing and implementing policies that are aspirational and right on target or needed by the community; and 2) Management of LPMK is more structured and systematic. However, the problem with the implementation of these rules lies in human resources, communication and socialization and the massive management of LPMK in Parepare City.]]>
<![CDATA[THE URGENCY OF ASSET CONFISCATION WITHOUT CRIMINAL PROSECUTION IN CORRUPTION CRIMES AS RENEWAL OF INDONESIAN CRIMINAL LAW ]]>
<![CDATA[Hidayat, Ahmad Arif]]>;
<![CDATA[Karim, Muhammad Said]]>
<![CDATA[ Al-Risalah VOLUME 23 NO 1, MAY (2023) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24252/al-risalah.vi.37164
<![CDATA[The Urgency of Confiscation of Assets Without Criminal Prosecution of Corruption for a Country of Confiscation of Assets without Criminal Prosecution of Corruption can be Implemented in Indonesia. Research using normative legal research. Is a legal research method that combines a normative legal approach, namely statutory law and a conceptual approach'. The results of the study showed that (1) Mechanisms for appropriation of assets without prosecution for corruption. The process is more effective because it bypasses several legal principles and also by lowering the standard of proof in criminal cases, is considered to have the potential to face the principle of a fair trial (due process of law). as well as the right to own one's property (property rights). This is, for example, reflecting on the experience of lawsuits for judicial review of several articles in the TPPU Law, such as the matter of reverse proof and evidence of predicate crimes. Even though the Constitutional Court Decision has confirmed the constitutionality of the articles being tested, (2) The biggest challenge for introducing the in rem asset confiscation law in the Asset Confiscation Bill is how to explain this approach, which separates the relationship of assets proceeds of crime from the perpetrators of crimes. Even though it is not at all aimed at eliminating the criminal justice process, sometimes in rem deprivation will only be after the proceeds of crime without regard to who the perpetrators are.]]>
<![CDATA[TA'ĀRUF ONLINE PERSPECTIVES ON FIQHIYYAH METHODS: DAR’U AL-MAFĀSID AULĀ MIN JALB AL-MAŞĀLIH ]]>
<![CDATA[Rahim, Asrianto]]>;
<![CDATA[Misbahuddin]]>;
<![CDATA[Mujiburrahman]]>;
<![CDATA[Nurfaika, Sitti]]>;
<![CDATA[Razak, Abd. Rahman]]>;
<![CDATA[Ramoddin]]>;
<![CDATA[Zainuddin]]>
<![CDATA[ Al-Risalah VOLUME 23 NO 1, MAY (2023) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24252/al-risalah.vi.37266
<![CDATA[Ta'aruf is one of the realms of social interaction which is the door to building a relationship between human beings in general. This has been discussed in the Qur'an which is a book that contains instructions for humans, that humans are created with different shapes or characters. The goal is for people to get to know each other. In other terms known as the term ta'aruf earlier. However, in this discussion the word ta'aruf is interpreted more specifically as an effort to recognize the opposite sex to be a life partner. So, ta'aruf is part of the initial stages before building a lasting relationship, namely marriage. Related to this, the law or sharia whose function is to fill the space for all community behavior, also follow these developments so that they can always provide explanations about new things that arise. The aim is to be able to provide legal certainty regarding a new lifestyle that is developing in society. This study uses the library method, namely by collecting as much data as possible from previous research and then concluding it into new research, it is intended that this research will later become one of the sources for similar discussions.]]>
<![CDATA[THE AUTHORITY OF MEDICAL ORGANIZATIONS IN DETERMINING THE OCCURRENCE OF MEDICAL MALPRACTICE ]]>
<![CDATA[Panangngari, Andi Aulia]]>;
<![CDATA[Muin, Audyna Mayasari]]>;
<![CDATA[Mirzana, Hijrah Adhyanti]]>
<![CDATA[ Al-Risalah VOLUME 23 NO 1, MAY (2023) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24252/al-risalah.vi.37373
<![CDATA[This study aimed to examine and analyze the authority of medical organizations in determining the occurrence of medical malpractice and to examine and analyze the judge's consideration of Decision Number 1441/Pid/Sus/2019/PN Mks. This study used a normative juridical research method with a statute approach and a case approach. The data analysis employed descriptive qualitative analysis, which was correlated with concepts and theories from various literary sources. The results of the study revealed that the Indonesian Medical Association (IMA), through Honorary Council for Medical Ethics (HCME), was authorized to determine the occurrence of medical malpractice. This authority was manifested through the revocation of the license of the doctor who became the defendant, even though the judge's decision stated that no malpractice was found by the defendant. Regarding Decision Number 1441/Pid.Sus/2019/PN. Mks, the acquittal for Mrs. Dr. Elizabeth Susana M. Boing was right. Many opinions confirmed that the incident was a result of medical risks rather than medical malpractice committed by Mrs. Dr. Elizabeth. However, it was considered a work accident that resulted in a medical risk, which basically did not result in criminal sanctions.]]>
<![CDATA[CRIMINALIZATION OF UNLAWFUL ACTS DOES NOT DETERMINE THE STATUS OF NARCOTIC CONFISCATED GOODS AND NARCOTIC PRECURSORS FOR THE PURPOSE OF PROVING CASES ]]>
<![CDATA[Amalo, Yandres Junius]]>;
<![CDATA[Muchtar, Syamsuddin]]>
<![CDATA[ Al-Risalah VOLUME 23 NO 1, MAY (2023) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24252/al-risalah.vi.39874
<![CDATA[One of the areas of law in carrying out the duties of the Prosecutor's Office according to Article 30 paragraph (1) letter b of the Prosecutor's Law states that the prosecutor's office carries out prosecutions and executors of court decisions that have permanent legal force related to the crime of Narcotics Law Number 35 of 2009 concerning Narcotics (abbreviated Narcotics Law). In this regard, Article 141 of Law number 35 of 2009 concerning Narcotics states that the Head of the District Attorney who unlawfully does not implement the provisions referred to in Article 91 paragraph (1) may be punished. Determination of Sanctions in a criminal law is not merely a matter of mere technical legislation, but is an integral part of the substance or material of the law itself. So that the imposition of sanctions is not necessarily enforced based on the sound of the article but must pay attention to other aspects contained in the regulation, in this case must pay attention to the principles of applicable law. This research is normative legal research by combining conceptual approaches, statutory approaches and case approaches. The results of the research show that the issues of penalization, depenalization, criminalization and decriminalization must be understood comprehensively with all aspects of issues of substance or statutory material at the stage of legislation policy. Based on this concept, care must be taken so that criminalization remains in the correct corridor, namely paying attention to the principles of criminalization (the principle of legality, the principle of subsidiarity, and the principle of equality/equality).]]>
<![CDATA[APPLICATION OF THE LEX SPECIALIS DEROGAT LEGI GENERALIS PRINCIPLE IN HOUSEHOLD VIOLENT CRIMINAL CASES WITH UNDER HAND MARRIAGE STATU: STUDY OF DECISION NUMBER 101/PID.B/2018/PN KPH ]]>
<![CDATA[Harsandini, Diska]]>;
<![CDATA[Haeranah]]>;
<![CDATA[Azisa, Nur]]>
<![CDATA[ Al-Risalah VOLUME 23 NO 1, MAY (2023) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24252/al-risalah.vi.39875
<![CDATA[The case against Decision Number 101/Pid.B/2018/Pn Kph with the application of Article 351 paragraph (1) of the Criminal Code in criminal cases of domestic violence, as well as the application Law No. 23 of 2004 concerning Domestic Violence for victims of domestic violence with underhanded marriage ties that are not in line with legal objectives in terms of certainty, justice and benefit. This research is a normative legal research using a statutory approach. The results of the research show that the application of Article 351 paragraph (1) of the Criminal Code does not fulfill the legal objectives in terms of certainty, justice, and legal benefits. This is due to the fact that the panel of judges, through their considerations, does not see that underhand marriage is a legal marriage, whereas in the KHI and the Marriage Law it is considered that marriages carried out in accordance with religious verses are legal marriages, so that the application Law No. 23 of 2004 concerning Domestic Violence can be applied as a legal basis. Implementation the Law No. 23 of 2004 concerning Domestic Violence can be applied to victims of domestic violence with underhanded marriage ties, based on the KHI and the Marriage Law, this is also strengthened by The Lex Specialis Derogat Legi Generalis so that victims of domestic violence with underhand marriage ties are no longer only protected by general regulations, namely the Criminal Code, but special regulations, namely Law No. 23 of 2004 concerning Domestic Violence Law (PKDRT).]]>
<![CDATA[REVIEW OF TASYRĪ' PHILOSOPHY ON QABŪL REPRESENTATION IN MARRIAGE IN PALLANGGA DISTRICT, GOWA REGENCY ]]>
<![CDATA[Idrus, Achmad Musyahid]]>;
<![CDATA[Mukarromah, Nurul Faatikhatul]]>;
<![CDATA[Ramli, Arif Rahman]]>;
<![CDATA[Nurdin, Roswati]]>;
<![CDATA[Abdul Qayyum, Abdul Rahman Hi]]>
<![CDATA[ Al-Risalah VOLUME 23 NO 1, MAY (2023) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24252/al-risalah.vi.40082
<![CDATA[This study aims to analyze and explore the philosophical aspects of the concept of Tasyri' in the context of Kabul representation in marriage, especially in Pallangga District, Gowa Regency. Tasyri' is an approach to Islamic law that covers various aspects of life, including marriage law. Kabul representation, as the guiding principle of marital property, has its roots in the philosophical views underlying Islamic law. This research uses a qualitative approach with textual analysis methods to explore a deep understanding of Tasyri's philosophical views regarding Kabul representation. The data was collected through in-depth interviews with religious leaders, Islamic jurists, and communities in Pallangga sub-district. In addition, primary sources such as Islamic law books and related literature are also used as references to support the analysis. The results showed that Kabul's representation in marriage had a deep philosophical basis in Tashri's view. This principle reflects aspects of equality, justice, and responsibility in the marital relationship. This philosophical view provides the foundation for the application of marriage law that accommodates individual and family interests in a balanced manner. In the context of Pallangga sub-district, Kabul representation still has relevance and is applied in marriage practice. However, there are also social and cultural dynamics that influence the interpretation and implementation of this principle. The study concludes that understanding Tasyri's philosophical views on Kabul representation can provide deeper insight into the cultural roots and values that shape the practice of marriage law in the society]]>
<![CDATA[EFFORTS TO PREVENT INDICATIONS OF CRIMINAL ACTS IN NOTARIAL DEEDS THROUGH THE APPLICATION OF ARTICLE 39 PARAGRAPH (2) OF THE UUJN: CRIMINOLOGY STUDIES ]]>
<![CDATA[Syukur, M. Jafar]]>;
<![CDATA[Sakmaf, Marius Suprianto]]>;
<![CDATA[Karauwan, Donny]]>
<![CDATA[ Al-Risalah VOLUME 23 NO 1, MAY (2023) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24252/al-risalah.vi.40403
<![CDATA[Indications of criminal acts by notaries as state public officials are rife in Indonesia. The existence of notary authority in terms of making authentic deeds continues to reap the spotlight ranging from allegations of forgery of letters, embezzlement, money laundering and false information. This study aims to determine efforts to prevent indications of criminal acts in notary deeds through the application of article 39 paragraph 2 of the UUJB. The type of research used is a literature study with a normative juridical approach. The results showed that Article 39 paragraph 2 of the UUJBN was placed as an important instrument in preventing indications of criminal acts in the authority to make notary deeds, the existence of Article 39 paragraph 2 of the UUJB places notaries on objects that are able to act legally by providing formal certainty for authentic deeds made without causing indications of criminal acts. Procedurally, the application of Article 39 paragraph 2 of the UUJB in the prevention of criminal acts is carried out through the precautionary and systematic principle by requiring notaries to know the facing parties and also pay attention to other aspects including certainty of the day, date, month, year and time of face, signatures, copies of deeds, and minutes of deeds issued. In addition, the roles and responsibilities of notaries in making deeds based on Article 39 paragraph 2 of the UUJB include civil responsibility, code of ethics responsibility, administrative responsibility and criminal responsibility.]]>
