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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 183 Documents
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Legalization of Medical Cannabis: Indonesia’s Regulatory Framework and Lessons from Thailand Tiya Yolanda Nur Fadhila, Gusti; Lewoleba, Kayus Kayowuan
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.61499

Abstract

This study aims to analyze the prospects of legalizing cannabis for medical use in Indonesia through a comparative study with the policies implemented in Thailand. The method used is normative-empirical legal research, combining literature review (legislation and literature) with in-depth interviews with the National Narcotics Agency and Lingkar Ganja Nusantara to enrich and validate normative findings. The results of the study show that the potential for medical cannabis legalization in Indonesia is highly dependent on the implementation of strict and structured regulations, an effective monitoring system, and a phased approach. The comparative study with Thailand provides crucial lessons on the need for a mature legal framework and strong control mechanisms to avoid the risks of uncontrolled liberalization. The novel contribution of this research lies in the integration of empirical perspectives from key actors in analyzing lessons learned from Thailand to formulate an adaptive policy model in Indonesia. Thus, this study concludes that the legalization of medical cannabis in Indonesia has great prospects for realization, provided it is supported by comprehensive policies that prioritize public health interests and legal certainty.
Legal Certainty and Substantive Justice in Inherited Land Disputes: Legal Certainty and Substantive Justice in Inherited Land Disputes Prakoso, Danies Teguh; Idrus, Muammar Alay; Masyhur
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.61787

Abstract

This study analyzes the legal status of inherited land ownership after title transfer and the legitimacy of tax payment claims by other heirs. Despite the formal transfer and registration of inherited land providing legal certainty through certificates, disputes often arise when other heirs demand tax payments, highlighting a tension between administrative law and perceived fairness. This research fills a gap in understanding how Indonesian land law, civil inheritance law, and tax regulations intersect in post-transfer inheritance disputes. Using a normative juridical method with a qualitative approach, the study applies statutory, case, and conceptual analyses. Primary sources include UU No. 5 of 1960, KUHPerdata, PP No. 24 of 1997, and tax provisions on PBB and BPHTB, while secondary sources comprise literature and court decisions. Analysis interprets legal norms and connects them to social practices, emphasizing how legal certainty, substantive justice, and social utility can be balanced. The findings demonstrate that inherited land ownership post-transfer is legally valid and protected by certificates, whereas tax claims by other heirs are justified only for undivided obligations proportionate to each heir’s share, consistent with KUHPerdata principles. Applying Gustav Radbruch’s theory of legal certainty and Philipus M. Hadjon’s legal protection framework, the study highlights the need for integrated approaches combining litigation, mediation, and efficient tax administration under PER-8/PJ/2025. The study contributes academically by clarifying the interaction between inheritance law and tax obligations in Indonesia and offers practical guidance for heirs, notaries, BPN, and tax authorities to prevent disputes and ensure equitable distribution
Zakat Fund Management through Financial Technology in the Digital Era: A Maqāṣid al-Sharī‘ah Approach Noviani, Tri Anisa; Khoiruddin; Sofiana, Anis
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.61851

Abstract

This study examines the management of zakat funds through financial technology (fintech) in Indonesia's digital era from the perspective of maqāṣid syarī'ah, revealing critical gaps in Islamic finance literature. Although previous studies have explored the technical and managerial aspects of digital zakat, few have systematically disseminated fintech zakat platforms through the perspective of comprehensive maqāṣid syarī'ah principles. This study contributes by developing a maqāṣid evaluation framework specifically applied to digital zakat management, moving beyond normative discussions toward practical implementation analysis. Using a normative juridical method with descriptive-qualitative analysis, this study examines Law No. 23 of 2011 concerning Zakat Management, the DSN-MUI fatwa, and three main platforms: BAZNAS Digital, KitaBisa, and Dompet Dhuafa. Data analysis uses maqāṣid criteria mapping covering five dimensions: ḥifẓ al-dīn, ḥifẓ al-nafs, ḥifẓ al-'aql, ḥifẓ al-nasl, and ḥifẓ al-māl. The findings show that Indonesian digital zakat platforms have successfully integrated sharia principles with technological innovation, achieving 150% growth in transactions and a 40% increase in operational efficiency. However, critical challenges include a lack of digital literacy (which affects 35% of potential users), the risk of a decline in spiritual essence, and the absence of national standardization. New contributions from this research include.
Between Regulation and Reality: Reflections on State Responsibility and the Effectiveness of Criminal Law in Dealing with Cybercrime in Indonesia Risal, M. Chaerul; M. Majdy Amiruddin; Muh. Ikram Nur Fuady
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.62530

Abstract

The development of information technology has brought about complex legal consequences, particularly in the field of cyber criminal law. The case of personal data leaks by a hacker known as Bjorka in 2022, the ransomware attack on Bank Syariah Indonesia (BSI) in 2023, and the leak at the National Data Centre in 2024 highlight the weakness of cyber security systems and the state's suboptimal responsibility in protecting personal data. This study aims to analyse the effectiveness of Indonesian criminal law in combating cybercrime and the state's responsibility in ensuring digital security for the community. Using a normative legal research method, data was obtained through a review of legislation, literature, and actual cases. The results of the study show that Indonesian criminal law, particularly through Law No. 11 of 2008 concerning Electronic Information and Transactions (ITE Law) as amended by Law No. 19 of 2016, as well as Law No. 27 of 2022 concerning Personal Data Protection, has not been able to provide an adequate deterrent effect due to weak law enforcement, limited cyber resources, and the absence of a clear state accountability mechanism in cases of public data leaks. Therefore, it is necessary to reconstruct criminal law policies and strengthen digital forensic capabilities so that the protection of personal data in cyberspace can be effectively guaranteed.
Political Law of Nominee Agreements in Foreign Land Ownership in the Province of Bali Razaqa Dhafin Zumirrqof
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.61313

Abstract

The practice of nominee agreements, or name borrowing by foreign citizens to obtain land ownership rights in Indonesia, constitutes a form of legal circumvention that contradicts the nationality principle embedded in the Basic Agrarian Law (UUPA). This phenomenon is particularly prevalent in the Province of Bali, a region that attracts significant foreign investment and long-term residency, thereby raising critical issues in agrarian legal politics. This study employs a normative juridical method with a descriptive-analytical approach, using literature reviews of statutory regulations and court decisions. The research aims to analyze how agrarian legal politics perceives the existence of nominee agreements and the extent to which foreign citizens are afforded legal protection. The findings reveal that nominee agreements are invalid, as they contravene Article 1320 of the Indonesian Civil Code and the nationality principle, rendering them non-binding and depriving foreign citizens of legal ownership protection. However, limited legal safeguards exist through hak pakai (right of use) and hak sewa (leasehold) mechanisms under the UUPA. Comparative analysis with Vietnam and Thailand shows that both countries adopt similar restrictions but allow lawful investment access through long-term leases or condominium ownership, with Thailand imposing stricter criminal penalties for nominee arrangements. Legally, these findings underscore the need to harmonize agrarian and investment policies to close regulatory loopholes enabling nominee agreements. Practically, they highlight the urgency of strengthening BPN oversight and creating explicit prohibitions. Academically, this research contributes to the development of Indonesia’s agrarian legal politics by clarifying the normative tension between state sovereignty and economic liberalization
Cyber Notary Regulation in Indonesia: Juridical Challenges and Proposed Model for Ensuring the Authenticity and Evidentiary Strength of Electronic Notarial Deeds Sriyanto, Salsabilla Azahra
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.61843

Abstract

The rapid advancement of information technology has stimulated significant innovation across legal services, including the notarial field. This study addresses a central research problem: whether the implementation of Cyber Notary in Indonesia can fulfill the legal requirements of authentic deeds under Indonesian positive law. The objective of this research is to examine the juridical challenges of Cyber Notary implementation particularly regarding the authenticity, legality, and evidentiary strength of electronic notarial deeds, while evaluating the regulatory readiness and supporting infrastructure. Using a normative juridical method with a descriptive-analytical approach, this study analyzes statutory provisions, legal doctrine, and comparative practices in jurisdictions such as the United States, Singapore, and Malaysia. The findings reveal that although the Electronic Information and Transactions Law (ITE Law) provides an initial legal foundation, the absence of explicit regulation in the Notary Law (UUJN) and lack of comprehensive technical guidelines impede the legal validity and evidentiary weight of electronic deeds. In addition, challenges arise from identity verification mechanisms, legal certainty standards, and the adequacy of cybersecurity infrastructure. Comparative analysis demonstrates that Indonesia lags behind jurisdictions that have established robust remote notarization frameworks, trusted authentication systems, and integrated digital regulatory mechanisms. Accordingly, this study emphasizes the need for legal reforms through revision of the UUJN, harmonization with the ITE Law, and issuance of detailed implementing regulations supported by secure digital authentication procedures and supervisory structures. This research contributes theoretically by enriching the discourse on modernization of notarial law and practically by offering a regulatory roadmap for developing a legally secure and technologically adaptive Cyber Notary system in Indonesia
Analyzing Hidden Fees in Digital Finance through the Lens of Sharia Economic Law Suganda, Binti Istiqomah; Khoiruddin; Khulwah, Juhrotul
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.61897

Abstract

The practice of hidden fees in digital financial transactions raises issues of fairness and transparency, potentially harming consumers and conflicting with the principles of Islamic economic law. This study aims to analyze the forms and mechanisms of hidden fees in digital financial services, assess their compliance with Sharia principles, and formulate fair cost-transparency strategies that are Sharia-compliant and free of elements of gharar. This research uses a normative legal research method with a qualitative approach through literature studies from secondary sources such as laws and regulations, fatwas from DSN-MUI, books, and related scientific journals. The results of the study show that hidden fees arise due to information asymmetry between service providers and users, weak standards of cost disclosure, and non-compliance with the principle of clarity in contracts (ijarah). This practice contains elements of gharar and tadlis, which render the contract legally defective under Sharia law. Theoretically, this study contributes to the development of contemporary Islamic contract law by demonstrating that the classical concept of ujrah ma'lumah (known compensation) must be reinterpreted in the digital context through mandatory real-time disclosure mechanisms. Practically, the findings reveal that transparency is not merely a regulatory compliance issue, but a fundamental requirement for the validity of ijarah contracts in digital transactions, thereby affecting the legal status of millions of fintech transactions in Indonesia. This study introduces the Sharia-Compliant Transparency Framework for Digital Finance as a novel integrated model combining maqāṣid al-syarī'ah approach, multi-stakeholder governance, and technology-based supervision (suptech) to strengthen Sharia compliance and consumer protection in digital transactions. Therefore, a comprehensive strategy is required in the form of strengthening regulations, implementing the principle of full disclosure, strict Sharia supervision, and enhancing Sharia-based digital financial literacy to ensure justice and transparency in digital financial transactions in Indonesia.
Deepfake Pornography as Qadzaf: Legal Status and Hudud Implications Maulana, Faisal; Abbas, Sudirman
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.62018

Abstract

The phenomenon of misuse of Artificial Intelligence (AI) technology, especially through deepfake techniques which are widely used in cases of pornographic abuse, has given rise to serious implications within the framework of Islamic law, especially related to the issue of defamation or qadzaf. This research specifically focuses on determining sanctions for perpetrators who create deepfake pornography, whether they deserve to be punished by Allah (hudud) or whether they are entitled to punishment determined by humans (ta'zir). By using normative legal research methods through a case study approach and literature study that relies on secondary data as well as primary and secondary legal materials, this study found that the creation of deepfake content containing pornographic elements has fulfilled the elements of qadzaf. Based on these findings, it is concluded that hudud punishment can be imposed on the perpetrators, showing that Islamic law has a strong response to contemporary problems such as technological advances, and is also expected to provide clear legal certainty for Muslims in facing ethical and moral challenges in the digital era.
Legal Protection for Children Whose Parents Are Online Gambling and Drug Addicts: Maqāṣid Sharī‘a Perspective Sahrul, Muhammad Rifky Akbar; Kara, Siti Aisyah; Ilyas, Musyfikah
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.58971

Abstract

Legal protection for children is a measure of national civilization, therefore it is mandatory to be attempted according to the capabilities of the nation and state. Because child protection is a legal action that has legal consequences. As educators, parents are responsible for creating a nurturing environment that can provide a sense of security and comfort to children. Based on this responsibility, parents must be good role models for their own children, but this responsibility cannot be fulfilled if parents become thieves and carry out actions that are reproachful, one of which is being involved in drugs and online gambling that occurs in Rade Village. This study aims to describe the condition of parents as drug and online gambling addicts with a phenomenological approach and case studies, data is collected through in-depth interviews with informants. The results of this study indicate that there are no laws and regulations governing the protection of children from parents who are addicted to drugs and online gambling. Parents who are addicted to drugs and online gambling have an impact on children, both in terms of economy, family, children's education, and even children's health, both in terms of children's psychology and physical health. In the maqasyid syaroah, the protection of children from parents who are addicted to drugs and online gambling is included in al daruriyat al khams which includes maintaining religion (hifz ad din), maintaining the soul (hifz an nafs), maintaining family and descendants (hifz an nasabu wal ar raddu), maintaining reason (hifz al aql), and maintaining property (hifz al mal). This category of ad daruriyah al-khams is something that must not be absent (must exist) for the sake of upholding goodness and welfare, both concerning hereafter and worldly affairs. If this aspect does not exist, then it cannot be realized, namely worldly life (chaos) and a life in the hereafter that is suffering and miserable. Legal protection efforts that can be given to children whose parents are addicted to drugs and online gambling are in the form of assistance and determining the child's custody rights so that they do not fall into the hands of irresponsible parents.
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.

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