cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
subehan khalik
Contact Email
subehan.khalik@uin-alauddin.ac.id
Phone
+6282293315131
Journal Mail Official
subehan.khalik@uin-alauddin.ac.id
Editorial Address
Fakuiltas Syariah dan Hukum UIN Alauddin Jl. H.M. Yasin Limpo No. 36 Samata Gowa
Location
Kab. gowa,
Sulawesi selatan
INDONESIA
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 220 Documents
 18   19   20   21   22 
The Carrier’s Liability for Passengers Injured in A Ship Fire on the Merak–Bakauheni Route Maria Victoria Nandaswa; Amad Sudiro
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.62877

Abstract

This study examines the legal responsibility of carriers in maritime passenger transportation accidents, specifically analyzing the fire incident on KMP Royce 1 vessel operating on the Merak–Bakauheni route. The background of this research stems from the legal uncertainty surrounding carrier liability and compensation mechanisms for passengers in Indonesian maritime transportation, particularly when accidents occur causing casualties and material losses. The primary issues addressed are: first, how Act Number 17 of 2008 on Shipping regulates carrier responsibilities for passenger safety; second, what compensation mechanisms are available to victims of maritime accidents; and third, why analogical application of aviation regulations becomes necessary in maritime cases. The research objective is to analyze the adequacy of existing legal frameworks governing carrier liability in maritime passenger transportation and to identify regulatory gaps that necessitate analogical application of other transportation mode regulations. This study employs normative juridical research methods, utilizing statutory, case, and conceptual approaches. Legal materials were collected through library research and analyzed using deductive reasoning to examine the alignment between legal norms and their implementation. The findings reveal that Articles 40 and 41 of Act Number 17 of 2008 establish fundamental obligations for shipping companies to ensure passenger safety and provide compensation during accidents. However, the absence of specific implementing regulations for maritime passenger compensation has led to the analogical application of Minister of Transportation Regulation Number 77 of 2011, which originally governs air transportation. In the KMP Royce 1 case, the carrier's responsibilities encompassed passenger evacuation, medical treatment for injured victims, and compensation facilitation through PT Jasa Raharja. The study concludes that the regulatory vacuum in maritime passenger compensation creates legal uncertainty and inadequate protection for passengers. The implications suggest urgent need for comprehensive and specific regulations governing carrier liability and compensation mechanisms in maritime transportation to ensure legal certainty and optimal passenger protection.
Legal Analysis of Ownership Rights to Intangible Movable Property (Digital Assets) From the Perspective of Property Law In Indonesia Kurdi; Muhammad Rizqi Alfarizi Ramadhan; Teuku Ahmad Dadek
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.62995

Abstract

The The rapid development of digital assets has posed fundamental challenges to Indonesia's property law system, which is still based on the colonial-era Civil Code (KUHPerdata). This legal system is inadequate to accommodate digital assets, resulting in legal vacuums and regulatory paradoxes. This study aims to analyze the status and regulation of digital asset ownership in Indonesia's property law system and the effectiveness of civil law protection for asset owners in ownership disputes. This research uses a normative approach by analyzing relevant legislation and legal doctrines. The results of the study show that there are legal loopholes and regulatory paradoxes in the regulation of digital asset ownership. The classification of digital assets as “intangible movable property” causes fatal incompatibilities in the process of transferring rights. Legal protection for digital asset owners is also illusory due to procedural paralysis. This study recommends a two-pronged reform, namely redefining the concept of “wealth” in the Draft Civil Code to include digital assets and drafting a lex specialis that regulates the procedural law of evidence and execution of digital assets. Thus, it is hoped that effective legal certainty can be created for digital asset owners in Indonesia.
State Responsibility in Protecting Students in Overseas Internship Programs from Human Trafficking: A Critical Analysis of Regulatory Gaps After the Ferienjob Case Farhan Muhammad Ramadhan; Rasji
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.63013

Abstract

This study aims to analyze state responsibility in protecting international internship students from human trafficking practices, particularly following the Ferienjob case involving thousands of Indonesian students. The research employs a normative juridical approach with analysis of legislation related to overseas citizen protection, the Merdeka Belajar Kampus Merdeka (MBKM) policy, and international legal instruments on human trafficking. The findings reveal significant regulatory gaps in the supervision of overseas internship programs, weak verification mechanisms for organizing institutions, and unclear division of responsibilities among central government, universities, and program organizers. The study concludes that the state has legal obligations to provide preventive protection through strict regulation of MBKM-based internship programs, strengthening risk-based supervision systems, and imposing firm sanctions against organizers proven to exploit students as victims of human trafficking.
Legal Analysis of the Use of Decentralized Exchange (DEX) in Digital Money Laundering Schemes Carolina, Lavia Luky; Kholiq, Abdul
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.63015

Abstract

The use and transaction of crypto assets in Indonesia have grown massively as a form of innovation in digital finance. However, as with any technological advancement, this progress also brings challenges, particularly the risk of crypto assets being misused for money laundering through Decentralized Exchanges (DEX). This study aims to analyze legal certainty and the obstacles to enforcing anti–money laundering (AML) regulations in DEX transactions, which operate outside the supervision of any centralized authority. This research employs a normative juridical method through statutory and conceptual approaches to assess the adequacy of national regulations, particularly the Anti–Money Laundering Law (UU TPPU) and POJK Number 27 of 2024. The findings reveal regulatory gaps, user anonymity, and the cross-jurisdictional nature of DEX transactions, all of which complicate tracing and evidence collection. The study recommends establishing a comprehensive regulatory framework for digital assets, strengthening oversight through legally reachable entities such as centralized exchanges (CEX), wallets, and on–off-ramp services, as well as enhancing the capacity of law enforcement in blockchain forensics to improve the effectiveness of AML enforcement.  
The Implications of Presidential Instruction Number 1 of 2025 on Educational Budget Efficiency from a Siyāsah Māliyyah Perspective Vega, Nadia Ratu Pratiwi; Relit Nur Edi; Ahmad Burhanuddin
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.63470

Abstract

Presidential Instruction of the Republic of Indonesia Number 1 of 2025 concerning efficiency in the implementation of the State and Regional Budgets has direct implications for education budget management at the regional level. This study aims to analyze the implications of budget efficiency policies on education budget management at the Education and Culture Office of Lampung Province and to examine them from the perspective of Fiqh Siyasah. This research employs a qualitative method using normative and empirical approaches, with data collected through documentation studies, observation, and interviews with relevant stakeholders. The findings indicate that the implementation of budget efficiency policies in Lampung Province encourages sharper prioritization of education spending, particularly in improving learning quality, strengthening educational facilities, and ensuring equitable access to education. However, it also limits the flexibility of certain development programs considered less urgent. From the perspective of Fiqh Siyasah, budget efficiency policies are consistent with the principles of public welfare (maslahah), distributive justice, and the prohibition of waste (israf), provided that they do not undermine the fulfillment of citizens’ fundamental right to education. This study concludes that education budget efficiency can be aligned with the principles of Fiqh Siyasah when it is oriented toward sustainable educational services and overall public welfare.
The Constitutional Court’s Authority in Judicial Review of the Notary Position Law: A Legal Review of Law No. 2 of 2014 Based on Theories of Justice and Legal Certainty Hartono, Octafani Rheaeda; Rahayu, Mella Ismelina Farma
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.63791

Abstract

This study critically examines the authority of the Constitutional Court in conducting judicial review of Law No. 2 of 2014 on the Notary Position, analyzed through the perspectives of legal certainty and justice. Unlike previous studies that predominantly describe the Constitutional Court’s authority in general terms, this research specifically addresses the normative implications of Constitutional Court decisions on the regulation of the notary profession and the legal consequences arising therefrom. Employing a normative juridical method with statutory and case approaches, this study analyzes relevant legislation and several Constitutional Court decisions concerning the Notary Law. The findings reveal that while Constitutional Court decisions play a crucial role in safeguarding constitutional rights and providing legal certainty and justice for affected parties, they simultaneously expose a legal vacuum, particularly when granted petitions are not followed by adequate implementing regulations. This condition stems from the inherently passive nature of the Constitutional Court, which is constitutionally limited to reviewing laws without possessing legislative authority to formulate new norms. This study contributes theoretically by strengthening the discourse on the relationship between judicial review, legal certainty, and justice within the Indonesian constitutional system. Practically, it underscores the urgency of legislative responsiveness in addressing legal vacuums following Constitutional Court decisions to ensure the effective implementation of constitutional justice and prevent normative uncertainty in the regulation of notary positions.
Restitution for Child Victims of Sexual Violence Crimes Simamora, Tesalonika Amazia; Bakhtiar, Handar Subhandi
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.63962

Abstract

This study explores the legal dimensions of restitution for child victims of sexual violence in Indonesia within the framework of legal protection and restorative justice. It aims to analyze the normative legal framework and examine judicial considerations in court decisions related to restitution enforcement. Using a normative juridical approach, the research reviews legal instruments such as Law No. 35 of 2014, Law No. 31 of 2014, and Government Regulation No. 43 of 2017, as well as selected court decisions. Although prior studies have identified challenges in implementing restitution in general, this study highlights a specific gap in analyzing judicial reasoning in sexual violence cases involving children. The findings show that while the legal framework is comprehensive, enforcement remains inconsistent due to limited understanding among law enforcement and weak inter-institutional coordination. Notably, only a few judges applied restitution substantively and progressively, especially in decisions that detailed enforcement mechanisms. This study offers a novel contribution by critically analyzing inconsistencies in judicial application and interpreting how judges integrate the principle of restorative justice. It concludes that practical implementation must be reinforced to ensure restitution fulfills its role as a tool for justice and recovery for child victims.
The Urgency of Reformulating Election Dispute Resolution in Indonesia: A Comparative Study Fauzan, Anis; Marsal, Irsyaf; Kaharuddin
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.64539

Abstract

The Indonesian concept of the rule of law fundamentally adopts key elements of the Rechtstaat tradition, prioritizing the supremacy of law as the ultimate instrument in governing national life, where the protection of Human Rights is not merely a legalistic formality but the core spirit animating every regulation to ensure that popular sovereignty remains within the corridors of respect for human dignity. However, current realities demonstrate that the protection of the right to vote and be elected in Indonesia has undergone significant degradation due to legal uncertainty arising from the highly complex fragmentation of election dispute resolution bodies, involving at least five different institutions with frequently overlapping authorities, thereby creating a confusing judicial bureaucratic labyrinth. This study employs a normative legal research method with statutory, comparative, and conceptual approaches through literature study techniques to analyze the problems of the electoral legal structure descriptively and prescriptively, integrating Lawrence M. Friedman’s legal system theory and Gustav Radbruch’s triad of legal goals to holistically examine the aspects of justice, certainty, and legal utility. The results reveal that the phenomenon of sectoral ego within Indonesia’s electoral law enforcement system reflects a democratic paradox where an excessively broad distribution of authority, lacking integrative hierarchical coordination, creates conflicting decisions and delegitimizes the integrity of general election results. As a strategic solution, this study recommends reformulating the dispute resolution model through the establishment of a tiered "one-door system" special electoral court under the auspices of the Supreme Court to guarantee the synchronization of rulings as well as procedural and substantive legal certainty without necessitating an amendment to the 1945 Constitution, provided that the Constitutional Court's authority to adjudicate result disputes remains constitutionally preserved.
The Implications of Ex-Post Audits for Legal Certainty and the Business Sustainability of Construction Service Providers Awayakuane, Revolino Robarto; Winarsi, Sri; Kurniawan, Faizal
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.64663

Abstract

Government construction projects operate under a public financial oversight regime that allows legal and financial consequences to arise after project completion and contractual payment. This study examines the legal implications of ex post audits conducted by the Audit Board of the Republic of Indonesia on legal certainty for construction service providers in government projects and analyzes their effects on business certainty during project implementation. This research is using socio-legal analysis with legal and economic perspectives. The findings indicate that ex post audits consistently generate financial recommendations with values that fluctuate widely across semesters, ranging from tens of billions to tens of trillions of rupiah. These recommendations emerge after construction completion and contractual payment, placing financial and administrative consequences in a retrospective position. Dominant audit indicators include weaknesses in internal control systems, statutory non-compliance, and uneconomical, inefficient, and ineffective use of public funds. This pattern shows that contractual finality in government construction projects depends on audit outcomes and follow-up implementation rather than contractual performance alone. The study indicates that legal and business certainty for construction service providers in government projects develop in a delayed manner under post-execution public financial oversight.
Comparison of Indonesia and Thailand Adoption Regulations: Dialectics of Legal Certainty and Protection of the Best Interests of Children Br Ginting, Gaby Claryssa; Rahmi, Atikah
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.64825

Abstract

Adoption is a legal institution that has long-term civil implications for the identity status, family relationships, and rights of children as legal subjects. Differences in adoption regulatory approaches between countries directly impact the level of legal certainty and the quality of child rights protection. This study aims to analyze the comparative legal construction of adoption regulations in Indonesia and Thailand in ensuring legal certainty, as well as to examine the implementation of the principle of the best interests of the child as an effort to protect children's rights. This study uses a qualitative method with a normative-comparative legal approach through an analysis of related laws and regulations, doctrines with Indonesian regulatory laws, such as Law Number 35 of 2014 concerning Child Protection, Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption, the Compilation of Islamic Law (KHI), and Articles 1598/19–1598/37 of the Thai Criminal Code. The results of the study indicate that Indonesia has built an adoption system within an administrative social protection framework that does not fully guarantee substantive legal certainty, particularly regarding the civil status and inheritance rights of adopted children. In contrast, Thailand has developed a legal assimilation-based adoption model that fully integrates adopted children into the family legal structure, thus providing more comprehensive and long-term legal certainty and protection of children's rights. The application of the child's best interests principle in Thailand has been institutionalized as a substantive legal standard, while in Indonesia it remains declarative-administrative. This study recommends the need for reformulation of legal policies on child adoption in Indonesia to strengthen substantive protection and ensure long-term legal certainty for adopted children.

Page 20 of 22 | Total Record : 220

 18   19   20   21   22 

Filter by Year

2019 2026


Reset
Filter By Issues
All Issue VOLUME 26 NO 1, MAY (2026) Vol 25 No 1 (2025): MAY (2025) VOLUME 25 NO 2, NOPEMBER (2025) VOLUME 24 NO 2, NOPEMBER (2024) VOLUME 24 NO 1, MAY (2024) VOLUME 23 NO 2, NOVEMBER (2023) VOLUME 23 NO 1, MAY (2023) VOLUME 22 NO 2, NOVEMBER (2022) VOLUME 22 NO 1, MAY (2022) VOLUME 21 NO 2, NOVEMBER (2021) VOLUME 21 NO 1, MEI (2021) VOLUME 20 NO 2, NOVEMBER (2020) VOLUME 20 NO 1, MEI (2020) VOLUME 19 NO 2, NOVEMBER (2019) VOLUME 19 NO 1, MEI (2019) Ar-Risalah More Issue