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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 224 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)
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)
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)
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.
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.
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)
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)
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.
Human Rights Protection for Victims of Human Trafficking: A Normative Analysis of Law Number 21 of 2007 Marcelino Dennis Lesmana; Herry Firmansyah
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.62657

Abstract

Human trafficking constitutes a serious crime that violates human dignity and fundamental human rights. This research analyzes two main issues: (1) the implementation of human trafficking regulations as part of human rights protection in Indonesia; and (2) the categorization of human trafficking within the spectrum of derogable rights or non-derogable rights. The research method employs a normative juridical approach with a statute approach and conceptual approach. Primary data sources include Law No. 21 of 2007 on the Eradication of Human Trafficking, Presidential Regulation No. 69 of 2008 on the Task Force for Prevention and Handling of Human Trafficking, and international human rights legal instruments, while secondary data consist of legal literature, scientific journals, and academic documents related to human trafficking and human rights. Research findings indicate that the implementation of human trafficking regulations has experienced significant development since the enactment of Law No. 21 of 2007, which was strengthened by the establishment of the Task Force through Presidential Regulation No. 69 of 2008 as the coordinator for prevention and handling of human trafficking. Human trafficking falls within the category of non-derogable rights as it violates three fundamental rights that cannot be reduced under any circumstances: the right to life, the right to be free from torture, and the right to be free from slavery. Human trafficking constitutes a serious human rights violation requiring comprehensive legal protection through national regulatory frameworks and commitment to international human rights standards.
Legal Protection in the Use of Electric Vehicle Batteries: Competition Law and Consumer Protection Perspectives Claudia Rebecca Wibowo; Reyner Wilbert Susatrio; William Lawira
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.62663

Abstract

The phenomenon of rising electric vehicle battery prices in Indonesia has raised consumer concerns and sparked debate regarding the role of the state in price regulation. This study aims to analyze the authority of the National Consumer Protection Agency (BPKN) in regulating electric vehicle battery prices from the perspective of competition law and consumer protection. The research method employed is normative juridical with statutory and conceptual approaches, analyzing Law No. 8 of 1999 on Consumer Protection, Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition, as well as other related regulations. The findings indicate that BPKN has limited authority in regulating electric vehicle battery prices, with its role being more coordinative and consultative through monitoring and advocacy mechanisms directed at business actors, rather than direct price determination. The authority to set prices is more appropriately vested in the Business Competition Supervisory Commission (KPPU) in cases of monopolistic practices or unfair competition, as well as in relevant technical ministries for strategic goods. This study recommends strengthening inter-agency coordination, enhancing BPKN’s capacity in monitoring the electric vehicle battery market, and drafting specific regulations governing price monitoring mechanisms for batteries as strategic components within the national electric vehicle ecosystem.
Business Actors’ Responsibility for Consumer Losses Due to Product Content Mismatch Skincare Products and Packaging Labels Ghufriani, Deliana Rinasari; Winanti, Atik
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.62815

Abstract

The rapid growth of the skincare industry in Indonesia has not always been accompanied by adequate compliance with consumer protection laws. One prominent issue is the case of White Tomato products marketed by Dr. Richard Lee, where discrepancies were found between the information on the label and the actual composition of the product, including allegations of relabeling practices that could potentially cause harm to consumers. This study aims to analyze the legal responsibility of business actors for losses arising from such actions and to examine the legal remedies available to consumers. Using a normative juridical method, this study applies a legislative approach and a case approach through a review of relevant regulations and administrative actions issued by the Indonesian Food and Drug Administration (BPOM). The results of the study show that these practices violate the provisions of Law Number 8 of 1999 concerning Consumer Protection, specifically Articles 4, 7, and 8, because they do not provide accurate and clear product information to consumers. Business operators may be held civilly liable under Article 19 of the Consumer Protection Law and Article 1365 of the Civil Code, and may be subject to administrative and criminal sanctions under Articles 61 and 62 of the Consumer Protection Law. Consumers can pursue legal remedies through civil litigation, administrative complaints to the BPOM, or alternative dispute resolution through the BPSK. This study highlights the importance of strict compliance with honest product information and emphasizes the need for stricter regulatory oversight to ensure consumer protection and legal certainty.
An Analysis on the Fulfilment of Justice Principles for Victims of Fatal Vigilantism Adriela, Jessica Zelma; Firmansyah, Hery
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.62846

Abstract

The phenomenon of vigilantism represents a violation of the law that arises due to the low level of public trust in the effectiveness of formal law enforcement in Indonesia. In the context of criminal law, such actions not only eliminate the role of law enforcement officers as justice enforcers but also deprive victims of their rights to legal protection, justice, and legal certainty that should be guaranteed by the state. Acts of vigilantism also reflect a crisis of legitimacy in law enforcement institutions, a weak legal culture in society, and the state’s limited presence in providing security for its citizens. This study aims to analyze the fulfillment of the principle of justice for victims of vigilantism that resulted in death by applying the theory of justice and the theory of punishment purposes as the conceptual framework. The research method used is a qualitative approach through literature study involving statutory regulations, legal literature, and relevant court decisions. The results indicate that the implementation of justice for victims remains suboptimal since the legal system is still offender-oriented, while the protection, recovery, and respect for victims’ rights are often neglected. Sentences imposed are relatively light and disproportionate to the fatal consequences caused, namely the loss of life. Therefore, a reformulation of sentencing policies, strengthened victim protection mechanisms, and transparent, firm, and fair law enforcement are needed to restore public trust in the justice system sustainably. This study contributes to the study of justice, especially in the proceedings of criminal law.

Page 19 of 23 | Total Record : 224

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