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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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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.

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