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subehan khalik
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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 27 Documents
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Search results for , issue "VOLUME 26 NO 1, MAY (2026) (IN PRESS" : 27 Documents clear
Feminist Value and Openness to Interfaith Marriage: A Study of Environmental Influences on Gen-Z Women Yasin, Ahmad Alamuddin; Rahman, Osamah Naufal; Ramadhan, Fikri Barkah
Al-Risalah VOLUME 26 NO 1, MAY (2026) (IN PRESS
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.61640

Abstract

Generation Z or Gen-Z is known to be more open to social issues that were previously considered taboo, one of which is interfaith marriage. Amidst the tug-of-war between religious norms that tend to be conservative and digital culture that is increasingly liberal, an important question arises: to what extent do feminist values influence Gen-Z women's openness to interfaith marriage? This study aims to analyse the influence of feminist values on Gen-Z women's openness to interfaith marriage. The method used is a quantitative predictive method with a predictive modelling approach. The research sample consists of Gen-Z women who are active in gender and diversity discourse, selected using purposive sampling techniques. Data collection was conducted through a Likert scale-based questionnaire distributed online using Google Forms. The results showed that of the 222 Gen Z female respondents, the majority were born between 2003 and 2007, representing 68.46% of the sample. This represents the younger generation in their late teens to early adulthood, who tend to be open-minded and progressive. Bootstrap analysis with 5000 samples revealed that feminist values had a positive and significant effect on Gen-Z women's openness to interfaith marriage (β = 0.644; p < 0.001). This means that the higher the internalisation of feminist values, the greater their openness to interfaith marriage, reflecting this generation's inclusive attitude towards diversity in a multicultural society.
Legal Philosophy Perspectives on Abortion Regulation in Indonesia Yuwono Prianto; Hanivah Fitriyani; Jessica Sandini; Keiko Patricia Liwe
Al-Risalah VOLUME 26 NO 1, MAY (2026) (IN PRESS
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.61831

Abstract

Abortion in Indonesia is a complex legal issue involving moral, religious, and human rights dimensions. Regulations in the Criminal Code, Health Law, and Government Regulation No. 61 of 2014 demonstrate tension between protecting the right to life of the fetus and respecting women's rights to bodily autonomy and reproductive health. This research analyzes abortion regulations from legal philosophy perspectives—natural law, legal positivism, and progressive law—and assesses the extent to which regulations reflect substantive justice. The method employed is normative legal research with statutory, conceptual, and theoretical approaches. Research findings indicate that natural law emphasizes the fetus's right to life as a natural right, legal positivism focuses on the certainty of written rules, while progressive law encourages responsiveness to social needs, particularly protecting women from the risks of illegal abortion. The perspectives of major religions in Indonesia generally reject abortion, although positive law provides limited exceptions for medical emergencies and pregnancies resulting from rape. Abortion regulation in Indonesia faces a normative dilemma as the law tends to be repressive while social reality demands greater protection for women. Regulatory reform that is more humanistic and progressive is needed, emphasizing balance between protecting the fetus's right to life and fulfilling women's rights to achieve substantive justice in accordance with Pancasila legal ideals and the constitution.
Halal Certification Revocation and Market Withdrawal for Hazardous Food Products Salma Naila Wandani; Dwi Desi Yayi Tarina
Al-Risalah VOLUME 26 NO 1, MAY (2026) (IN PRESS
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.61847

Abstract

This research discusses how to withdraw distribution permits and revoke halal certification for food products containing harmful chemicals through the case study of Roti Okko. This product was found to have banned extra ingredients, specifically sodium dehydroacetate, which breaks food safety laws and halal product guarantees. The study examines the legal aspects through statutory and conceptual methods, focusing on the dual enforcement by BPOM and BPJPH for food products with dangerous chemicals, using Roti Okko as a case example. The problem statement looks closely at how the two authorities responded to this double violation and its legal implications. The main findings show a clear division of authority. BPOM can withdraw distribution permits and remove products from sale due to food safety violations. At the same time, BPJPH can revoke halal certification when the ingredient composition does not match the registration details. This process is crucial for protecting consumers in terms of health and religious beliefs. The violation leads to serious legal consequences, including administrative penalties like the withdrawal or revocation of permits, civil claims for compensation, and possible criminal charges. Producers may also have to dispose of products in B3 waste facilities, highlighting the high costs of failing to comply. Practically, these findings suggest the need for better alignment of procedures and improved data sharing between BPOM and BPJPH for policymakers. They also stress the importance for producers to enhance their internal Quality Control systems to guard against various legal risks and to affirm consumer legal protection.
Business Actor Liability for the Misuse of Company Secrets Obtained Through Collusion: A Study of KPPU Decision No. 08/Kppu-L/2024 Irwan Bauw, Elirica Aliyah; Tarina, Dwi Desi Yayi
Al-Risalah VOLUME 26 NO 1, MAY (2026) (IN PRESS
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.61848

Abstract

This study analyzes the forms of business actors’ liability for the misappropriation of confidential information obtained through collusion under Article 23 of Law No. 5 of 1999, using the case of KPPU Decision No. 08/KPPU-L/2024 concerning PT Chiyoda Kogyo Indonesia as the focal point. The research employs a normative juridical method through statutory and case study approaches, applying a deductive–interpretative reasoning model to assess the consistency of legal norms and the construction of corporate liability in competition law enforcement. The findings indicate that the misappropriation of corporate secrets through collusion meets the elements of Article 23 under the rule of reason approach, as it generates anti-competitive effects such as lost sales, market structure distortions, and reduced competitive discipline. The KPPU panel applied identification theory and vicarious liability to attribute the actions of individuals to the corporation; however, the effectiveness of law enforcement is constrained by KPPU’s limited authority, which allows only administrative sanctions without personal liability. The novelty of this study lies in the integration of normative analysis, corporate liability theory, and a law-and-economics framework to assess the competitive impact of information collusion. The study has theoretical implications by reaffirming the position of corporate secrets as part of market structure and practical implications through recommendations for legal reform, including turnover-based fines and the expansion of KPPU’s authority to enhance deterrence and the effectiveness of competition law enforcement in Indonesia.
Deconstructing Judicial Narratives: Constructivist Analysis of Social and Psychological Framing in a Supreme Court Cassation Decision Manurung, Rhema Rosa Purnama Esther; Lewoleba, Kayus Kayowuan
Al-Risalah VOLUME 26 NO 1, MAY (2026) (IN PRESS
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.61876

Abstract

The Supreme Court Decision No. 813 K/Pid/2023, which commuted Ferdy Sambo's death sentence to life imprisonment, sparked controversy and debate regarding the judges' reasoning. This research addresses the analytical gap in previous studies by systematically deconstructing the non-normative foundation of the ruling. Employing normative-juridical research, this study focuses on the qualitative deconstruction of the Supreme Court Decision No. 813 K/Pid/2023 as the primary data, utilizing the constructivist paradigm as the main analytical framework. The novelty of this study lies in its systematic analysis of how the judicial panel actively engaged in judicial narrative construction of the Defendant’s Social and Psychological Experiences. The analysis reveals a dual construction: the defendant was portrayed as a meritorious public servant with long service (social experience), and as an individual whose 'soul was shaken' by emotional provocation (psychological experience). This dualistic construction became the foundation for applying a rehabilitative penal paradigm. The study evaluates that while constructivism effectively unpacks the process of judicial meaning-making, the resulting construction was found to have low normative validity and was imbalanced in considering the victim's interests. This research contributes theoretically to the study of judicial narrative construction and practically to fostering more comprehensive criminal justice practices.
Deviation Practices in Sirri Marriage in Indonesia: A Case Study of Pakuon Village, Sukaresmi Subdistrict, Cianjur Regency, West Java Jamilah, Mila; Suciyani
Al-Risalah VOLUME 26 NO 1, MAY (2026) (IN PRESS
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.62260

Abstract

The practice of Sirrī marriage in Pakuon Village, Sukaresmi District, Cianjur Regency, West Java, has deviated from the norm because there are couples who have entered into Sirrī marriages between different religions and same-sex couples. The practice of Sirrī marriage has become cultural and is tolerated by religious and state leaders. The deviant practice of Sirrī marriage also highlights the motives, patterns, and impacts on legal certainty and social life. This study aims to create a society that is capable of implementing religious law and does not violate state law. This study uses Anthony Giddens' structuration theory and employs a qualitative field method with descriptive analysis. The results of this study show that Sirrī marriage makes it easier for couples to enter into interfaith and same-sex marriages in Pakuon Village, Sukaresmi District, Cianjur Regency, West Java. Sirrī marriage has become a reason for people to gain access to free education, single status according to the state, to facilitate polygamy, and several other socio-economic factors. This practice causes deviations such as interfaith and same-sex Sirrī marriages. Religious institutions such as the Ministry of Religious Affairs and the Indonesian Ulema Council (MUI) have not sufficiently supervised the implementation of Islamic marriage laws. The absence of the state in such practices is due to the lack of reports from the community and the absence of socio-economic losses. The novelty value can be seen from the irregularities that occur, such as state registration, the involvement of customary norms and family strategies in concealing marriages for socio-economic interests. Theoretically, this research enriches socio-legal studies on the negotiation between state law, religion and local culture.
Legal Protection for Mothers as Victims of Child-to-Parent Violence: A Study on Consumer Lifestyle as a Trigger Anisah, Aura; Lewoleba, Kayus Kayowuan
Al-Risalah VOLUME 26 NO 1, MAY (2026) (IN PRESS
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.62698

Abstract

This study examines the causal factors of child-to-parent violence against mothers arising from consumerist lifestyles, as well as the effectiveness of criminal law protection for mother-victims in Indonesia. Employing a normative juridical approach, the analysis focuses on Law No. 23 of 2004 on the Elimination of Domestic Violence (PKDRT Law) and Law No. 11 of 2012 on the Juvenile Criminal Justice System (SPPA Law). The findings indicate that impulsive consumerism—driven by low financial literacy and social pressure—often escalates into frustration that manifests as physical and psychological violence against mothers. The PKDRT Law has yet to explicitly regulate active economic violence perpetrated by children, while the diversion mechanism under the SPPA Law creates a dilemma between safeguarding victims’ rights and rehabilitating juvenile offenders. Recommendations include revising Article 9 of the PKDRT Law, strengthening BAPAS social reports (Litmas) to incorporate financial literacy interventions, and implementing preventive programs through the Ministry of Women's Empowerment and Child Protection (KPPPA) in collaboration with the Financial Services Authority (OJK). This study contributes to filling the analytical gap on consumerism-driven child-to-parent violence (CPV) in Indonesia and enriches the discourse on restorative justice in Southeast Asia.
Effectiveness of Liability Exemption Clause Regulations in Standard Agreements Based on Law Number 8 Of 1999 Concerning Consumer Protection Shindy, Felicia; Djajaputra, Gunawan
Al-Risalah VOLUME 26 NO 1, MAY (2026) (IN PRESS
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.62740

Abstract

Standard agreements are common instruments in modern transactions, whether in the service, trade, or digital services sectors. However, the use of liability exemption clauses by business actors in these agreements often creates an imbalance between business actors and consumers. This study aims to analyze the legal provisions regarding liability exemption clauses based on Law Number 8 of 1999 concerning Consumer Protection (UUPK) and assess the effectiveness of its implementation in providing proportional legal protection for consumers. The research method used is a literature study by examining relevant laws and regulations, law books, academic articles, and court decisions. The results of the study show that normatively, the UUPK, particularly Article 18, explicitly prohibits the inclusion of standard clauses that limit, transfer, or exempt the liability of business actors. This prohibition is imperative, and any clause that contradicts it is declared null and void. However, the effectiveness of this regulation in practice still faces various obstacles, including low consumer awareness, weak supervision, and rampant violations in digital transactions. Nevertheless, the existence of the UUPK remains an important legal basis in efforts to enforce consumer rights and resolve disputes through litigation and non-litigation channels. Therefore, it is necessary to strengthen supervision, improve business compliance, and educate consumers to ensure that the protection guaranteed by the UUPK is optimally realized.
Comparative Analysis of Blood Alcohol Concentration Thresholds and Criminal Responsibility in Indonesia and Germany Josephine Steffanie; Ibrahim, Aji Lukman
Al-Risalah VOLUME 26 NO 1, MAY (2026) (IN PRESS
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.62355

Abstract

Criminal liability is based on the perpetrator's awareness and ability. However, Indonesian criminal law still experiences a normative gap because it does not regulate the blood alcohol concentration (BAC) limit as an objective parameter for assessing the ability to be responsible. As a result, judges' assessments are subjective and lead to disparities in decisions. This normative-comparative research aims to analyze the gap in the BAC norm in Indonesia by comparing it to the German criminal law system. The method used is normative legal research with a legislative, conceptual, and comparative approach, using literature study data. The results show that Germany sets a BAC limit of 0.3–1.09‰ for relative impairment and ≥1.1‰ for complete loss of ability, while Indonesia does not have a similar standard. The novelty of this research lies in the formulation of a concept for determining a measurable and applicable alcohol level limit in Indonesia, namely the proposed addition of Article 38A to the National Criminal Code with a BAC limit of 0.03%–0.1%. This determination is recommended to realize legal certainty, proportionality, and substantive justice in the Indonesian criminal law system.
Good Corporate Governance and RUPS Decisions on Corporate Artificial Intelligence Safyudi, Kathlina
Al-Risalah VOLUME 26 NO 1, MAY (2026) (IN PRESS
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.62642

Abstract

The rapid development of Artificial Intelligence (AI) and growing demands for sustainability have significantly reshaped corporate governance in Indonesia. AI enhances operational efficiency, improves decision-making processes, and enables data-driven strategies, while sustainability principles demand a balance between profit and social-environmental responsibility. This study examines the role of Rapat Umum Pemegang Saham (RUPS) in determining AI and sustainability policies through the application of Good Corporate Governance (GCG) principles. The research employs a normative juridical and doctrinal approach, with a descriptive-analytical method, to analyze primary, secondary, and tertiary legal materials. The study highlights that the GCG principles—transparency, accountability, responsibility, independence, and fairness—serve as a foundation for legitimizing and overseeing corporate policies. The RUPS, through these principles, plays a strategic role in ensuring that AI policies align with legal, ethical, and sustainable practices. However, challenges such as regulatory gaps, limited shareholder literacy, and potential ethical risks remain. The study concludes that integrating GCG principles into AI and sustainability policies is essential for achieving a corporate governance model that is legally sound, ethically responsible, and capable of balancing technological innovation with social and environmental goals. To strengthen the governance process, it is recommended that companies enhance shareholder education on AI and sustainability, develop comprehensive AI regulations, and form independent oversight committees within the RUPS.

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