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subehan khalik
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INDONESIA
Al-Risalah : Jurnal Imu Syariah dan Hukum
ISSN : 22528334     EISSN : 25500309     DOI : -
Core Subject : Religion, Social,
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 47 Documents
Search results for , issue "VOLUME 25 NO 2, NOPEMBER (2025)" : 47 Documents clear
A Progressive Approach to Corruption Law Enforcement by the Corruption Eradication Commission in Indonesia Yasser, Fadli; Wulan, Retno; Pualillin, Azriel
Al-Risalah VOLUME 25 NO 2, NOPEMBER (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.60534

Abstract

This article critically evaluates the extent to which the Corruption Eradication Commission (KPK) of Indonesia continues to embody progressive law principles in corruption enforcement following the controversial 2019 revision of its founding law. Employing a juridical-empirical approach within a critical qualitative framework, this study interrogates the interplay between Satjipto Rahardjo’s progressive law theory, KPK’s institutional performance, and actual policy outcomes. While the KPK has historically demonstrated progressive traits through harsh sanctions, integration of anti-money laundering mechanisms, aggressive asset recovery, and revocation of political rights, the 2019 amendments 2024 period reveals a significant regression. Quantitative indicators (declining sting operations, fluctuating asset recovery, and stagnant Corruption Perception Index scores) and qualitative evidence suggest that structural constraints imposed by Law No. 19/2019 have transformed KPK’s “courage to be different” into selective and politically vulnerable enforcement. The article argues that progressive law at the KPK has increasingly become rhetorical rather than substantive, illustrating the limits of progressive legal theory when confronted with deliberate institutional weakening. Findings contribute to the growing critical literature on the political capture of anti-corruption agencies in semi-consolidated democracies.
Sharia Economic Law Perspective on the Contractual Use of Indonesian Standard QR Code (QRIS) in Digital Transactions Nurkhofifah, Siti; Marwin; Kurniati, Herlina
Al-Risalah VOLUME 25 NO 2, NOPEMBER (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.61975

Abstract

This study examines the validity of contracts in the Indonesian Standard Quick Response Code System (QRIS) from the perspective of Islamic economic law, as a response to the epistemological challenges of digital transformation to classical contract theory. The digitalisation of economic transactions has introduced new complexities in the application of the pillars and conditions of contracts as understood within the framework of conventional fiqh muamalah, thus requiring a conceptual reinterpretation of the ijab-qabul mechanism, the concept of majlis al-'aqd, and the validity of non-verbal contract forms. The emergence of QRIS as a national payment standard developed by Bank Indonesia is not only a technological innovation in supporting financial inclusion and economic digitalisation, but also raises fundamental questions about the validity of multi-party contract structures in the digital payment ecosystem in accordance with sharia principles. This study uses a descriptive qualitative method with a field research approach that integrates inductive thematic analysis, document review based on the fiqh muamalah framework, and structured participatory observation. Data were obtained through in-depth interviews with business actors who use QRIS, Muslim consumers, and muamalah academics, and were reinforced with literature related to Islamic economic law and Bank Indonesia regulations.  The results of the study indicate that the main contract formed in QRIS transactions is a sale and purchase contract (ba'i), while additional contracts include wakalah between business actors and service providers, as well as ijarah in the context of payment processing services. From a Shariah perspective, QRIS is in accordance with the principles of an-taradhi (mutual agreement), al-'adalah (fairness), and la dharar wa la dhirar (no harm), particularly due to its cost transparency and consumer protection. The scientific contribution of this research lies in the development of a framework for analysing digital contracts based on maqasid Shariah, which combines classical contract theory with the reality of contemporary electronic transactions, resulting in the conceptualisation of “virtual assemblies” and “digital consent” as a form of evolution of the pillars of contracts in the context of financial technology. These findings enrich the treasury of fiqh al-nawazil (contemporary fiqh issues) by providing sharia justification for digital economic practices that were previously in the grey zone of Islamic law, while also providing normative guidance for the future development of sharia fintech products. Therefore, the use of QRIS can be declared valid according to Islamic economic law and has the potential to become a model for digital payment instruments that are in accordance with the principles of Islamic muamalah.
The Impact of Globalization on Market Access And Financial Technology Innovation: A Literature Review on Economic Legal Challenges and Regulatory Compliance Purbiati, Ria; Khayatudin; Hasibuan, Ali Huristak Hartawan
Al-Risalah VOLUME 25 NO 2, NOPEMBER (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.61985

Abstract

Globalization has had a significant impact on the dynamics of the global financial market, particularly through the expansion of market access and the acceleration of financial technology (fintech) innovation. Cross-border economic integration has encouraged the transfer of knowledge, capital, and technology, resulting in more inclusive and efficient digital financial services. However, these developments have also brought about complex economic legal challenges and regulatory compliance issues. Differences in legal frameworks across countries, consumer protection, personal data policies, and the implementation of Anti-Money Laundering (AML) and Know Your Customer (KYC) principles are crucial factors influencing the success of fintech expansion internationally. This study uses a literature review method, examining academic literature, international reports, and relevant regulations to analyse the relationship between globalisation, market access, fintech innovation, and regulatory challenges. The findings indicate that optimising the benefits of globalisation in the fintech sector requires adaptive regulation, cross-border legal harmonisation, and strong international cooperation, enabling innovation to develop safely and equitably without compromising global financial stability.
Analysis of the Implementation of Law Number 4 of 2009 concerning Mineral and Coal Mining, Tax Relevance: Through a Literature Review Antonius; Al-Anshori, Huzaimah; Hasibuan, Ali Huristak Hartawan
Al-Risalah VOLUME 25 NO 2, NOPEMBER (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.62004

Abstract

Indonesia’s mineral and coal mining sector continues to face persistent governance challenges, including regulatory inconsistency, limited transparency, and weak fiscal accountability. Although Law Number 4 of 2009—introducing the IUP/IUPK licensing system—was intended to strengthen state control and promote sustainable resource management, its practical outcomes remain inconsistent. Addressing the research gap on how legal reforms interact with fiscal governance, this study analyzes the implementation of the law and its taxation relevance through a systematic literature review of academic publications, official reports, and regulatory documents. Using a qualitative content analysis approach, the study identifies recurring issues such as overlapping regulations, legal uncertainty, and insufficient supervision, which undermine the expected improvements in mining governance. The results also show that the mining taxation framework—comprising income tax, VAT, land and building tax, non-tax state revenues (PNBP), and the Revenue Sharing Fund (DBH)—holds strategic importance for ensuring equitable fiscal distribution, yet suffers from low compliance and weak monitoring mechanisms. The study contributes to existing scholarship by demonstrating that effective mining governance requires not only legal reform but also coherent fiscal policy design and integrated regulatory enforcement. Practically, these findings suggest that enhancing regulatory harmonization, strengthening fiscal transparency, and improving intergovernmental coordination are essential to optimizing state revenue and ensuring that the mining sector supports long-term sustainable development.
The Concept of Criminal Liability of State-Owned Enterprises in The National Criminal Code and State-Owned Enterprises Law Amri, Ulil; Syafruddin, Andi Ummu Fauziyyah; Tombi, Johan Tri Noval Herdian; Luthfan, Gusti Fadhil Fithrian
Al-Risalah VOLUME 25 NO 2, NOPEMBER (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.62092

Abstract

Following the enactment of the latest State-Owned Enterprises Law, various state-owned enterprises remain as accountable corporate entities, particularly with the implementation of the National Criminal Code, which requires harmonization from both a normative perspective and in terms of accountability. This study aims to analyse the criminal liability of SOEs under the National Criminal Code and the harmonisation of this concept with Law No. 1 of 2025. The research employs a normative approach using both a conceptual and a legislative method. The legal materials are sourced from primary and secondary legal materials, analyzed using qualitative prescriptive analysis. The results show that 1) State-owned enterprises can be held criminally liable under Article 45 of the National Criminal Code, which categorizes state-owned enterprises as entities that can be held criminally liable. The determination of liability must be based on the degree of corporate fault under the National Criminal Code, as seen from the aspect of internal prevention, 2) SOEs, as entities that control the livelihoods of many people, should also consider restorative aspects, where the purpose of sanctions is not only to provide a deterrent effect, but also to encourage structural improvements by taking into account the principles of effectiveness and efficiency.  
Applying Consumer Safety Principles in Fast-Food Restaurant Food Production Processes Revania Fedira; Muthia Sakti
Al-Risalah VOLUME 25 NO 2, NOPEMBER (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.62133

Abstract

The increasing public interest in fast food restaurants demands the implementation of food safety standards to protect consumers. This study examines the application of consumer security and safety principles in food production processes at fast food restaurants and the role of the Health Department. This study utilizes normative juridical methods complemented by a statutory approach and data sources through literature studies and interviews with the DKI Jakarta Provincial Health Office, which is responsible for guidance and supervision of ready-to-eat processed foods. The findings show that Indonesian legal regulations have adequately regulated the standardization of food production processes by applying consumer security and safety principles. The Health Office plays an active role in maintaining consistent application of these principles through guidance programs, including Ready-to-Eat Food Safety Training and educational material dissemination, as well as supervision through Environmental Health Inspections and mandatory Hygiene Sanitation Eligibility Certificates, accompanied by administrative sanctions for businesses violating food safety standards.
The Role of Islamic Religious Teachers in Shaping the Character of the Younger Generation in Pasangkayu Subdistrict: The Perspective of Maqasid Al-Syari’ah Latif, Tazkiah; Sastrawaty, Nila; Asni; Andi, Muhammad Akmal; Patimah
Al-Risalah VOLUME 25 NO 2, NOPEMBER (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.60926

Abstract

This study aims to examine the role of Islamic religious counselors in shaping the character of the Islamic youth generation in Pasangkayu District based on Maqasid al-Syari'ah. This is a descriptive qualitative study with a normative theological approach. Data was obtained through observation, interviews, and documentation from religious counselors, religious leaders, community leaders, and the youth generation. The results of the study indicate that the character of the young generation in Pasangkayu District has experienced moral decline, evident from the increase in promiscuity, low interest in learning, the use of gadgets for unproductive activities, and a shallow understanding of religion. Islamic religious counselors are instilling Islamic values through counseling in schools and detention centers, supported by a Memorandum of Understanding (MOU) between both parties, and serving as role models (qudwah hasanah) for the younger generation. The Qur'anic approach method, Surah An-Nahl verse 125, namely bil hikmah (wisdom), mau'izhah hasanah (good advice), and mujadalah (dialogue) which is the best. From the perspective of maqasid al-syari’ah, the role of Islamic religious counselors encompasses the protection of five fundamental aspects of life: (1) Religion (hifz al-din), (2) Life (hifz al-nafs), (3) Mind (hifz al-‘aql), (4) Wealth (hifz al-mal), (5) Progeny (hifz al-nasl). The implications of the research emphasize the importance of the joint role of parents, religious leaders, youth leaders, community leaders, and the government in providing a positive space for the younger generation, as well as increasing the capacity and number of religious counselors for sustainable religious guidance.