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subehan khalik
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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 252 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.
Orphan Child Maintenance in Islamic Law: Contemporary Social Relevance and a Case Study of Medan Tembung District Heriandi; Yazid, Imam; Lubis, Junaidi
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.65527

Abstract

This article examines the formulation and implementation of the obligation to provide maintenance for orphans in Islamic law and the factors contributing to its variation and neglect in social practice. The main research problem addresses how Islamic law normatively constructs the obligation of orphan maintenance and why this norm is not fully internalized in community life. This study employs an empirical legal research method with a socio-legal approach, integrating normative analysis of the Qur’an, hadith, and classical Islamic jurisprudence with field research conducted in Medan Tembung District through interviews, observation, and documentation. The findings reveal that Islamic law provides a strong and multilayered normative framework for ensuring orphan maintenance through the responsibilities of guardians, extended family, and social mechanisms; however, in practice, maintenance is predominantly perceived as a moral or charitable act rather than a legally binding obligation. Variations and neglect are influenced by economic constraints, low legal awareness, family cultural structures, and weak institutional integration. The study concludes that the gap between normative provisions and social practice undermines effective protection of orphans’ welfare, highlighting the need to strengthen legal awareness and develop a more structured and sustainable system of maintenance responsibility.
Legal Protection of Secured Creditors over Auction Proceeds of Collateral in Bankruptcy: An Analysis of Supreme Court Decision No. 48K/Pdt.Sus-Pailit/2024 Permatasari, Yofi; C. Adam, Richard
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.65845

Abstract

In the bankruptcy process, preferred creditors and separate creditors experience a unique conflict, with preferred creditors being prioritized in the payment of debts through the bankruptcy estate, while separate creditors have collateral to secure the repayment of their debts.  This study aims to analyze the legal protection of separate creditors over the proceeds from the auction of collateral in bankruptcy based on Supreme Court Decision Number 48K/Pdt.Sus-pailit/2024, which focuses on the conflict of norms that occurred between the Commercial Court”s decision and the Supreme Court Decision. The research method applied is normative law with an approach to applicable legal provisions as well as law books and journals related to the research being studied. The results obtained from this study regarding legal protection for separate creditors are regulated in the applicable law, specifically in Article 55 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, which explains that separate creditors receive fulfillment of their receivables before other creditors because the collateral they own is as if there were no bankruptcy. Separate creditors can take legal measures such as filing for cassation or review to protect their rights and interests.
Legal Certainty and Protection of Separate Property in Divorce Disputes: An Analysis of Supreme Court Decision No. 4557K/PDT/2024 Akhirudin; Richard C. Adam
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.66265

Abstract

In general, joint property is understood as property acquired by a married couple during their marriage, so that in the event of divorce, each party has the right to claim that property. If no property separation agreement was made before the marriage, disputes often arise during divorce regarding the ownership status of the property, with both the husband and wife claiming that the disputed property belongs to them. This situation highlights the legal uncertainty surrounding the separation of personal and joint property, particularly with regard to property received as a gift from the parents of one of the parties. The legal problem becomes even more complex because Law Number 1 of 1974 concerning Marriage does not provide detailed regulations regarding the difference between joint property and personal property, thus causing legal problems in court practice when gifts or presents are claimed as joint property. This study uses a normative legal research method with a legislative and case approach, specifically analyzing Supreme Court Decision Number 4557K/Pdt/2024. The results of the study show that the classification of property as joint property or separate property is largely determined by the existence of concrete evidence regarding the origin of the property. Legal protection for holders of separate property rights is strengthened through a convincing system of evidence to overcome the unpreparedness and limitations of existing normative regulations. Therefore, legal protection of property in divorce cases must be based on the principles of justice, legal certainty, and proportional evidence so that the rights of each party can be protected fairly.
Legal Protection of Victims of AI-Driven Deepfake Pornography: An Analysis within Indonesian Law Hidayah, Siti Nur; Hadi Purwanto, 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.63687

Abstract

The development of Artificial Intelligence technology has led to new forms of digital crime, one of which is deepfake pornography. This crime involves the manipulation of a person’s facial identity into pornographic content without consent, resulting in serious violations of privacy, dignity, reputation, and psychological well being. This study aims to analyze the legal construction of deepfake pornography within the Indonesian legal system and to examine the forms of legal protection available for victims. This research employs a normative legal method using statutory and conceptual approaches, supported by prescriptive and interpretative analysis of primary, secondary, and tertiary legal materials. The findings indicate that although several laws, such as the Pornography Law, the Information and Electronic Transactions Law, the Personal Data Protection Law, and the Law on Sexual Violence Crimes, may be applied to prosecute perpetrators, Indonesia still lacks a specific, comprehensive regulation that addresses the unique technical complexities of AI-generated content. This regulatory gap leads to inconsistencies in law enforcement and fails to address the rapid, borderless dissemination of deepfakes, leaving victim protection severely limited, particularly regarding long-term psychological recovery and the complex restoration of digital reputation. This study highlights the urgency of establishing a comprehensive, victim-centered legal framework that integrates criminal, civil, and administrative approaches within a global context, acknowledging that technologically driven harms constitute a pervasive and transnational challenge faced by legal systems worldwide.
Regulating Digital Notaries in Indonesia: A Normative Analysis of the Notary Office Act in the Startup Era Hanuun, Nazhira Nindya Padma
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.66334

Abstract

The rapid expansion of Indonesia’s digital economy, driven by the increasing role of startup companies, demands a legal system that is adaptive, efficient, and technology-oriented. However, notarial practices regulated under the Notary Office Act (UUJN) remain grounded in physical presence and conventional procedures. This condition reveals a significant regulatory gap between the need for digital legal services and the existing legal framework. This study aims to analyze the urgency of regulating digital notaries within the framework of the UUJN and to formulate appropriate directions for legal reform. The research employs a normative juridical method using statutory and conceptual approaches, supported by comparative analysis of jurisdictions that have implemented digital notary systems. The findings indicate that the UUJN does not yet accommodate key technological mechanisms such as electronic signatures, digital identity verification, and remote authentication, resulting in inefficiencies, administrative barriers, and legal uncertainty for startup companies. As a main contribution, this study proposes a reform model that includes the explicit recognition of electronic signatures in notarial deeds, the legalization of remote authentication through secure video conferencing, and the establishment of cybersecurity and digital archiving standards. The novelty of this research lies in the conceptualization of regulatory lag within the notarial domain and its integration with the needs of the digital startup ecosystem. The implications of this study are both practical and theoretical, providing a foundation for reforming the UUJN to become more adaptive to technological developments while also contributing to the discourse on legal modernization in the digital era.
The Implications of Implementing the Global Minimum Tax on Fiscal Incentive Schemes in Indonesia Aditya Pradana, Yudha; Adhari, Ade
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.66373

Abstract

The implementation of the Global Minimum Tax (GMT), initiated by the Organisation for Economic Co-operation and Development (OECD) and the G20, has brought significant changes to the effectiveness of fiscal incentive schemes in Indonesia, particularly those based on tax rate reductions, thereby requiring adjustments to national policies to remain aligned with global tax standards. This study aims to analyze the implications of the GMT’s implementation on the design and effectiveness of fiscal incentive schemes in Indonesia, while also assessing the suitability of the GMT policy in influencing the structuring of fiscal incentives and strengthening the government’s legal policy within the framework of tax policy reform. The research method used is normative legal research with a legislative approach, to examine the compatibility of GMT norms with the national legal system, as well as a conceptual approach to understand the paradigm shift from tax rate competition to global tax coordination. The research findings indicate that the top-up tax mechanism under the GMT regime significantly reduces the effectiveness of tariff-based fiscal incentives, thereby requiring Indonesia to restructure its fiscal incentive policies toward non-tariff incentives, enhanced legal certainty, and strengthened investment competitiveness. These findings confirm that the GMT policy is, in principle, aligned with the global tax reform agenda and reinforces the government’s legal policy direction in building a fair and equitable tax system, as well as promoting a restructuring of fiscal incentives that is more selective, transparent, and oriented toward investment quality and legal certainty, thereby providing conceptual and normative contributions to the development of national tax law and fiscal policy formulation practices in Indonesia.

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