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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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The Limits of Indonesia’s Diplomatic Protection Obligations for Citizens Involved in Transnational Crimes in Cambodia: A Normative Analysis Hasibuan, Guntur Hudry; Lubis, Mhd Teguh Syuhada
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.66110

Abstract

This study examines the limits of Indonesia's obligation to provide diplomatic protection to Indonesian citizens (WNI) involved in transnational criminal cases in Cambodia. Using a normative legal approach with a conceptual perspective, this research analyzes the ILC Draft Articles on Diplomatic Protection (2006), the Vienna Convention on Consular Relations (1963), the UN Convention Against Transnational Organized Crime (Palermo Convention 2000), and Indonesia's national legal framework, including Law No. 37 of 1999 on Foreign Relations and Law No. 21 of 2007 on the Eradication of Human Trafficking. The findings indicate that Indonesia's protection obligations operate within three distinct levels: absolute consular obligations applicable to all detained nationals regardless of legal status; conditional protection in situations involving imminent danger; and discretionary diplomatic protection, which depends on state policy considerations and may be limited by the clean hands doctrine and Indonesia's obligations under the Palermo Convention when nationals are active perpetrators of transnational crimes. Normative gaps in the domestic implementation of the Palermo Protocol further complicate the categorization of Indonesian citizens as victims or perpetrators. The novelty of this research lies in proposing a three-tier analytical framework of state protection obligations absolute, conditional, and discretionary which clarifies the legal boundaries of diplomatic protection in cases where nationals are simultaneously involved in transnational criminal networks. These findings highlight the need for regulatory harmonization and clearer institutional coordination to ensure a coherent and accountable state response in protecting Indonesian citizens abroad.
From Legal Recognition to Enforcement: Comparative Protection of Workers with Disabilities in Indonesia and Malaysia Ginting, Ahmad Zaky; 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.66119

Abstract

Ensuring equal employment opportunities for persons with disabilities remains a major challenge in many countries, including Indonesia and Malaysia, despite the existence of international standards such as the International Labour Organization (ILO) Convention No. 159 and the United Nations Convention on the Rights of Persons with Disabilities (CRPD). This study examines the regulation and effectiveness of employment protection for workers with disabilities in both countries, particularly regarding the principles of non-discrimination, reasonable accommodation, and access to legal remedies. This research adopts a normative legal approach using statutory, conceptual, and comparative methods. The analysis is based on primary legal materials, including Law No. 8 of 2016 on Persons with Disabilities and Law No. 13 of 2003 on Manpower in Indonesia, as well as the Persons with Disabilities Act 2008 and the Employment Act 1955 in Malaysia, together with international instruments such as the CRPD and ILO Convention No. 159. These materials are analyzed through comparative legal analysis and norm synchronization to evaluate the coherence, enforceability, and institutional mechanisms of disability employment protection in both countries. The findings show that Indonesia demonstrates stronger formal commitments, particularly through constitutional guarantees and a mandatory employment quota for persons with disabilities. However, its effectiveness is limited by regulatory fragmentation, the absence of technical standards for reasonable accommodation, and weak enforcement mechanisms. In contrast, Malaysia lacks a legally binding quota system but provides stronger administrative enforcement and dispute resolution mechanisms, enabling more operational protection in practice. This study contributes to the literature on comparative disability employment law in Southeast Asia by demonstrating that the effectiveness of disability protection depends not only on the existence of legal norms or international treaty ratification but also on regulatory coherence and enforceable institutional mechanisms. The findings highlight the need for regulatory harmonization, stronger enforcement systems, and clear standards for reasonable workplace accommodation to improve the protection of workers with disabilities.
A Qualitative Case Study on Overcrowding And Recidivism in The Banyuasin Regency Correctional Institution Mayreista, Dita; Hanif, Alif Adin Adni
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.66378

Abstract

This study contributes to analyze the strategies for the rehabilitation of prisoners implemented at the Banyuasin District Correctional Facility, with a primary focus on the issues of overcrowding and high recidivism rates. The rehabilitation process at the Banyuasin Correctional Facility faces significant challenges, such as overcrowding, which limits prisoners' access to optimal rehabilitation programs. Additionally, the high recidivism rate remains a serious concern, with approximately 30% of released prisoners re-offending. This research uses a qualitative approach with a case study conducted at the Banyuasin Correctional Facility. Data was collected through interviews with prisoners, correctional staff, and direct observations in the field. The findings indicate that despite efforts to improve the quality of rehabilitation, overcrowding and limited facilities continue to be major obstacles. Furthermore, the implemented educational and vocational training programs have proven effective in helping prisoners acquire life skills that can be used after their release. However, there are still challenges related to the lack of instructors and adequate facilities. The study also identifies that personality development programs, through religious activities and psychological counseling, play a crucial role in reducing recidivism. However, there is a need for stronger post-release support and collaboration with the private sector and educational institutions to enrich the curriculum and enhance the relevance of rehabilitation programs to the labor market. The results of this study are expected to contribute to formulating more effective rehabilitation policies at the Banyuasin Correctional Facility and provide insights for other correctional institutions in Indonesia in addressing overcrowding and recidivism issues.
Comparison Of Judicial Decisions on the Validity of Waarmerking Agreements as Evidence in Court Azahra, Musdalifah; Sulastri
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.66379

Abstract

Private agreements registered through a notary's waarmerking mechanism are often used in practice as the basis for legal relationships, including in the event of a dispute, where the waarmerking agreement is used as evidence in court. However, a waarmerking agreement still does not have the full evidentiary force of an authentic deed, because the agreement is not drawn up by a notary, but by the parties privately. Therefore, the parties entering into the agreement should understand and comply with the provisions in making the agreement so that the waarmerking agreement has legal force. The research method used is the normative juridical method. The novelty of this research fills the gap by conducting a comparative study of cases of default on waarmerking land sale agreements in the Bandung Appellate Court Decision Number 376/PDT/2021/PT BDG, which declared it "valid," and the Yogyakarta High Court Decision Number 75/PDT/2024/PT ​​YYK, which declared it "canceled." From this research, it can be seen that the judge's assessment regarding the validity of the waarmerking agreement is not only based on the formal form of the agreement, but also on consideration of the substance of the agreement in fulfilling the provisions of applicable laws and regulations.

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