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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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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.
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.

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