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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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A Comparison of the Legal Process for Determining Suspects in Corruption Cases in Indonesia and Thailand Siregar, Mohammad Haikal Athallah; Abduh, Rachmad
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.64865

Abstract

Corruption is an extraordinary crime with serious implications for state stability, social justice, and public trust, requiring effective legal mechanisms that also safeguard human rights. A crucial stage in corruption law enforcement is the determination of suspects, as it initiates formal legal proceedings and carries significant legal consequences. This study analyzes and compares the mechanisms for determining suspects in corruption cases in Indonesia and Thailand, as well as the role of specialized institutions in each system. Using normative legal research with statutory and comparative approaches, this study examines primary, secondary, and tertiary legal materials through qualitative analysis. The findings show that Indonesia applies a formal procedural mechanism under the Criminal Procedure Code (KUHAP), combined with judicial oversight through pretrial review to protect suspects’ rights. In contrast, Thailand centralizes authority in the National Anti-Corruption Commission (NACC) through a preliminary inquiry mechanism that prioritizes institutional effectiveness but provides limited judicial oversight at the early stage. These differences reflect distinct legal policy choices in balancing anti-corruption effectiveness and human rights protection. This study highlights the trade-off between procedural safeguards and institutional efficiency in the two systems.
Comparative Regulation of E-Commerce Contracts and Consumer Protection in Indonesia and Thailand Pebriani, Rosi; Nurhilmiyah
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.64997

Abstract

The development of electronic commerce (e-commerce) has significantly changed the pattern of buying and selling transactions and has given rise to complex legal implications, particularly regarding the validity of agreements, consumer protection, and dispute resolution mechanisms. This article aims to analyze and compare the legal regulations for online buying and selling in Indonesia and Thailand, as well as to examine efforts to resolve legal issues arising in e-commerce transaction practices in both countries. This research uses a normative legal research method with a statutory and comparative approach. Data were obtained through a literature review of relevant laws and regulations, legal doctrines, and scientific literature. The results of the study indicate that online buying and selling transactions in Indonesia and Thailand are both recognized as valid legal acts as long as they meet the requirements for valid agreements and electronic contract provisions. Indonesia regulates e-commerce through specific sectoral regulations, namely the Electronic Information and Transactions Law and Government Regulation Number 80 of 2019 concerning Commerce Through Electronic Systems, while Thailand integrates e-commerce regulations into the Civil and Commercial Code, the Electronic Transactions Act, and the Consumer Protection Act with a strong emphasis on consumer protection. In dispute resolution, both countries prioritize non-litigation mechanisms, but differ in the role of dominant actors. Indonesia emphasizes the role of e-commerce platforms and the Financial and Transaction Supervisory Agency (BPSK), while Thailand demonstrates more active state involvement. From an Islamic legal perspective, online buying and selling is, in principle, permitted as long as it meets the pillars and conditions of sale and is free from elements of usury, gharar, and fraud. This study emphasizes the importance of strengthening regulations, effective implementation, and increasing digital legal literacy to ensure legal certainty and consumer protection in e-commerce transactions.
The Transition of Indonesian Citizenship to Thai Citizenship from a Civil Law Perspective Kurniawan, M. Teguh; Nurhilmiyah
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.64999

Abstract

The transition of citizenship from Indonesian citizenship to Thai citizenship represents a complex legal phenomenon involving the interaction of two different national legal systems with significant consequences in the civil law domain. Citizenship functions not only as a political status but also as a juridical bond that determines an individual’s personal law, legal capacity, property rights, family relations, and inheritance regime. This study aims to analyze the legal procedures governing the relinquishment of Indonesian citizenship and the acquisition of Thai citizenship, as well as to examine the civil law implications arising from such transition from a comparative legal perspective. The research employs normative legal methods with a functional comparative law approach, relying on statutory regulations, legal doctrines, and scholarly literature related to citizenship law, civil law, and private international law in Indonesia and Thailand. The findings indicate that Indonesian law emphasizes the formal and administrative aspects of citizenship loss, while Thai law focuses on selective naturalization requirements and substantive integration. This asymmetry creates potential procedural gaps during the transitional phase that may expose individuals to legal uncertainty and risks of temporary statelessness. Furthermore, the transition of citizenship results in a fundamental transformation of civil legal status, including the loss of nationality-based rights in Indonesia, particularly land ownership rights, and the simultaneous acquisition of full civil rights under Thai law. The study concludes that citizenship transition constitutes a comprehensive legal transformation affecting the entire framework of civil rights and obligations rather than merely a change of nationality. Strengthening procedural synchronization, legal awareness, and cross-border administrative coordination is therefore essential to ensure legal certainty, protection of individual rights, and prevention of statelessness during the citizenship transition process.
Digital Digital Gold Pricing M echanisms in DANA within Maqasid al-Sharī‘ah and Consumer Protection Framework: A Normative Legal Analysis Sahira , Madhia Ramma; Robbani , Shofa; Anang , Arif Al
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.64549

Abstract

The rapid growth of application-based digital gold services has expanded public access to gold investment but also raised legal concerns over pricing transparency. Previous research largely examines the legality of digital gold trading and price fluctuations, yet pays little attention to physical gold minting costs that are revealed only at later transaction stages, despite their direct impact on consumers’ interests. This study analyzes DANA’s digital gold pricing through an integrated lens of Maqāṣid al-Sharī‘ah and Indonesian consumer protection law using normative legal methods based on statutory analysis, academic literature, and DANA’s official user terms. Findings show that delayed disclosure of minting costs creates information asymmetry and potential economic harm to consumers. From a Maqāṣid al-Sharī‘ah perspective, such opacity may constitute gharar and weaken contractual clarity. The study highlights the need for transparent, upfront cost disclosure as an integral part of fair digital gold pricing. Strengthening transparency mechanisms will not only uphold Sharī‘ah compliance and consumer rights but also guide policymakers in enhancing fintech regulation for equitable market practices.
Ikrah (Marital Coercion) and Divorce Before Dukhul in Turun Ranjang Marriage: A Socio-Legal Analysis of Jantho Sharia Court Decision No. 277/Pdt.G/2024/Ms.Jth Yuspita Sari, Delvina; Djawas, Mursyid; Husnul, Muhammad
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.64678

Abstract

Previous studies on turun ranjang marriage such as those by Ihsan (2019), Siti Rif’ah (2022), and Ridhai Saifirai (2021 primarily focus on normative Islamic law and Acehnese customary perspectives, emphasizing its permissibility and social function. However, these works do not specifically examine how judicial institutions assess coercion (ikrah) in such marriages, nor do they analyze the legal consequences of divorce before dukhul through a concrete court decision. This study addresses that gap by providing a socio-legal analysis of coercion and pre-consummation divorce in turun ranjang marriage based on Jantho Sharia Court Decision No. 277/Pdt.G/2024/MS.Jth. This research employs qualitative field research using a case and statutory approach. Data were collected through document analysis of the court decision and in-depth interviews conducted between February and August 2025 with four key informants: one panel judge of the Jantho Sharia Court, one Head of KUA Indrapuri, one village imam, and one village secretary of Gampong Lampanah Tunong. The data were analyzed using an Islamic legal framework that operationalizes the concepts of ikrah (coercion), ridha (free consent), ‘urf sahih (legitimate custom), and the objectives of marriage (sakinah, mawaddah, rahmah) as analytical parameters for assessing marital validity. The findings demonstrate that although turun ranjang marriage is formally valid under Islamic and Indonesian law, the presence of psychological coercion fundamentally undermines its ethical legitimacy. The couple never cohabited nor consummated the marriage, and persistent conflict arose from the outset. The court granted divorce on the basis of continuous disputes and proven emotional pressure, and ordered the return of half of the dowry in accordance with Qur’an Surah Al-Baqarah (2:237) and Article 35(1) of Law No. 1 of 1974 due to the divorce occurring before dukhul. This study contributes a novel perspective by integrating doctrinal Islamic principles with empirical judicial analysis, demonstrating that marital validity is not determined solely by compliance with formal pillars (rukun), but by the substantive presence of ridha and the absence of ikrah.
Plea Bargaining and Indonesia’s Special Track Under The New KUHAP: A Comparative Study with United State Sapanah, Mawar; 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.64931

Abstract

The increase in criminal cases, the length of the judicial process, and the overcrowding of correctional institutions have prompted the need for reform of criminal procedure law in Indonesia. One of the breakthroughs adopted in the New Criminal Procedure Code (KUHAP) is the mechanism of guilty pleas through the Special Track, which is conceptually similar to plea bargaining as applied in the United States criminal justice system. This study aims to analyze the comparison between the plea bargaining mechanism in the United States and the Special Track in Indonesia's New KUHAP, as well as to examine the implications of adopting elements of plea bargaining on the protection of the principle of due process of law and the application of the principles of swift, simple, and inexpensive justice. The research method used is normative juridical with a legislative, comparative, and conceptual approach, supported by a literature study of primary, secondary, and tertiary legal materials. The results of the study show that although both mechanisms have the same objective, namely the efficient resolution of criminal cases, there are fundamental differences in their structure, scope of negotiation, and the role of judges. The Special Track in the New Criminal Procedure Code places judges as the main controllers of the guilty plea process, thereby potentially strengthening the protection of due process of law. However, without clear technical regulations and strict judicial oversight, this mechanism risks putting pressure on defendants and reducing their right to a fair trial.
The Legal-Ethical Risks of Paylater Promotions in Food Purchases: Consumer Protection and Wafā’ bi al-ʿUqūd Nia Nur Azqia, Ahzun; Huda , Nurul; Al Anang , Arif
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.65168

Abstract

The development of Buy Now Pay Later (BNPL) services in Indonesia functions not only as a payment method but also as a promotional strategy in the consumption sector. One example is the Rp1 food voucher promotion at Mie Gacoan outlets, which requires the use of YUP PayLater. This study aims to analyze the practice from the perspectives of consumer protection law and the principle of wafā’ bi al-‘uqūd (fulfillment of contracts). The research employs a qualitative method with a juridical-normative and conceptual approach through library research and analysis of documented promotional materials published in online media.The findings reveal two main points. First, the promotional materials prominently display the discount value without explicitly stating that PayLater constitutes a digital financing facility that creates deferred payment obligations. Second, no concise explanation is provided regarding the contractual mechanism, potential additional charges, or consequences of late payment in the promotional media, resulting in an information imbalance between business actors and consumers. This situation indicates that transparency requirements and contractual clarity have not been optimally fulfilled. The study recommends strengthening disclosure standards in promotional practices and enhancing consumer contractual literacy in PayLater transactions.
Symbolic Ownership, Limited Control: An Intersectional Socio-Legal Study of Minangkabau Women and Ancestral Property Rizky, Farah Futhihat
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.65364

Abstract

This study examines how Minangkabau women, as normative heirs of harta pusaka tinggi (ancestral communal property), experience the management of inheritance within Indonesia’s plural legal context. Although Minangkabau adat institutionalizes matrilineal transmission and communal ownership of ancestral property, empirical realities show persistent disputes and unequal decision-making practices shaped by informal customary authority. Employing an empirical socio-legal research design with a qualitative approach, this study draws on in-depth, semi-structured interviews with three Minangkabau women heirs (conducted on 5 and 10 December 2024), complemented by observation and documentation, and supported by secondary and tertiary legal sources. The findings reveal a structural gap between normative recognition and lived practice: women are culturally positioned as custodians of the rumah gadang and customary land, yet substantive control over strategic decisions particularly the utilization of pusaka tinggi often remains dominated by mamak and male clan authorities. Women’s experiences are not uniform; differences in social class and education shape their bargaining capacity, ranging from subsistence-oriented use of rice fields to more formalized management supported by economic and legal literacy resources. Moreover, women bear layered burdens across domestic care work, productive labor, and customary obligations, which can intensify vulnerability despite matrilineal legitimacy. This study contributes to socio-legal debates on legal pluralism and gender justice by demonstrating that matrilineal inheritance may reproduce inequality through informal customary power. The study concludes that strengthening gender-just governance of pusaka tinggi requires more transparent customary mechanisms, enhanced customary legal literacy for women, and written procedures regulating the use of ancestral property by mamak to reduce unilateral practices and potential conflict.
Legal Certainty in the Exercise of Sanctioning Authority by the Notary Supervisory Council under the Indonesian Notary Office Act Qolbi, M. Luthvi; Sakinah, Zurria
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.65405

Abstract

This study examines legal certainty in the exercise of sanctioning authority by the Notary Supervisory Council under the Indonesian Notary Office Act (UUJN). The Council—comprising the Regional Supervisory Council (MPD), the Provincial Supervisory Council (MPW), and the Central Supervisory Council (MPP) is entrusted with preventive and repressive supervisory powers, including examining alleged violations and imposing administrative sanctions. However, ambiguities in the scope and coordination of sanctioning authority have led to inconsistent enforcement practices and raised concerns regarding legal certainty. Previous studies mainly examine supervisory structure, but rarely analyze sanction enforcement from a legal certainty perspective. Using a normative juridical method with statutory and conceptual approaches grounded in legal certainty theory, this research evaluates the coherence of the regulatory framework governing sanctions. This article argues that overlapping authority, procedural complexity, and interpretative inconsistencies weaken the principle of legal certainty and potentially affect both notarial protection and public trust. Strengthening regulatory clarity and institutional coordination is therefore essential to ensure consistent, proportional, and legally certain sanction enforcement.
Analysis of Copyright Protection of AI Works from the Perspective of the MUI Fatwa Saputra, Chandra Akbar; Zahara, Fatimah
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.65523

Abstract

The rapid development of Artificial Intelligence (AI) raises complex legal questions regarding ownership and copyright protection of works generated through algorithmic systems. AI can produce text, images, music, and other creative outputs with economic value, yet it lacks legal personality, intention, and moral responsibility. This situation creates normative challenges in both contemporary copyright law and Islamic legal discourse, particularly in determining ownership and accountability for AI-generated works. In Islamic law, the absence of explicit classical rulings on AI-based creativity requires new interpretative approaches that integrate traditional legal principles with modern technological realities. This study aims to analyze the construction of ownership and copyright protection of AI-generated works from the perspective of Islamic law by examining the normative principles contained in the fatwas of the Indonesian Ulema Council (MUI). The research employs normative legal methods using conceptual, statutory, and maqasid al-shari‘ah approaches based on library research. The findings show that AI-generated works can be classified as mal hukmi (intangible property) because they possess economic value, utility, and social recognition. Their protection therefore aligns with the principle of hifz al-mal. Although no MUI fatwa explicitly regulates AI copyright, the principles in MUI Fatwa No. 24 of 2017 indicate that digital systems function only as instruments (wasilah), while legal responsibility remains with humans. Consequently, AI cannot be considered a legal subject, and copyright ownership is most appropriately attributed to users who actively direct the creative process. This study demonstrates that Islamic law, through maqasid al-shari‘ah and contemporary fatwas, provides a normative framework for addressing emerging issues of AI governance and intellectual property in the digital era.

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