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subehan khalik
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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 236 Documents
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The Relevance of Applying the Rule of Reason in Analyzing Alleged Interest Rate Cartels in Fintech Lending under Article 5 of Law No. 5 of 1999 Arvinci Ngabut, Rupertus; 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.66401

Abstract

The rapid growth of the financial technology (fintech) industry has spurred the emergence of alternative financing models through peer-to-peer (P2P) lending services in Indonesia. This innovation plays a crucial role in expanding access to financing and enhancing financial inclusion; however, it has also raised legal concerns, particularly regarding potential cartel practices in interest rate setting by operators affiliated with the Indonesian Joint Fintech Funding Association (AFPI). This study aims to analyze the relevance of applying the rule of reason approach in assessing alleged interest rate cartel practices in the fintech lending industry, as well as to evaluate to what extent this approach can reflect a balance between economic efficiency and the protection of business competition as stipulated in Article 5 of Law No. 5 of 1999. This study employs a normative legal methodology using legislative, case-based, and conceptual approaches. Previous research on competition compliance in the fintech sector has generally focused on the effectiveness of the KPPU’s compliance programs and the supervisory role of the OJK; however, it has not specifically examined interest rate standardization by industry associations within the framework of the rule of reason. In this context, the application of the rule of reason becomes crucial and context-specific, as the uniformity of interest rates facilitated by the AFPI under OJK supervision cannot automatically be classified as a violation of competition law if it is proven to enhance efficiency, reduce credit risk, and protect consumers. Thus, this study contributes a critical analysis of the relationship between fintech sectoral regulation, the role of industry associations, and the potential for price cartels from a competition law perspective, while reinforcing the urgency of integrating economic analysis into competition law enforcement in the digital sector.
Recognition of Hardship as a Corrective Mechanism in Indonesian Contract Law under Extraordinary Changes in Circumstances Chandra, William; Lie, Gunardi
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.66411

Abstract

Contract law in Indonesia is still often viewed as rigid and unchanging, even though in practice particularly in long-term contracts changes in circumstances can occur unexpectedly; therefore, this study examines the urgency of recognizing hardship in Indonesian contract law in the context of extraordinary events that cause fundamental changes in circumstances, focusing on the regulatory gaps within the national legal system, its comparison with developments in modern contract law, as well as the legal implications of adopting such norms through normative legal research using legislative, conceptual, and comparative approaches, and a case study of Judgment No. 28/Pdt.G.S/2021/PN.DPS, The results indicate that the force majeure mechanism in the Civil Code is insufficient to address contractual imbalances resulting from unforeseen changes in circumstances, while comparative analysis and case studies confirm that the absence of a hardship doctrine limits judicial discretion to the conventional framework of breach of contract. Consequently, this study argues that the integration of hardship can be achieved through normative reconstruction grounded in the principles of good faith and contractual balance, thereby balancing legal certainty and substantive justice within Indonesian contract law.
The Transcendental Obligations of Advocates and the Sustainability of Legal Representation: A Swiss Legal System Perspective Titus Helmi, Teofilus; 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.66527

Abstract

The practice of delegation through the granting of power of attorney is the cornerstone of the relationship between an attorney and a client; however, in reality, it is often confronted with the problem of protracted legal proceedings, which may result in the client’s death before their legal interests are resolved. This situation creates legal uncertainty regarding the continuation of the power of attorney as well as the fulfillment of the client’s interests, which are not merely material but also encompass a transcendent dimension that extends beyond the client’s physical existence. In Indonesian positive law, Article 1800 of the Civil Code affirms the obligation of the attorney-in-fact to continue handling the matter if the termination of the power of attorney has the potential to harm the principal. However, these provisions have not been accompanied by clear operational guidelines, even following the enactment of Law No. 18 of 2003 on Advocates, thereby creating room for inconsistencies in practice and interpretation. In contrast, Article 406 of the Swiss Code of Obligations provides a more explicit and systematic framework regarding the continuation of an attorney’s obligations following a client’s death. Through the comparative law method, this study finds that the client’s death does not automatically terminate the attorney’s obligations but rather reaffirms the professional and ethical duty to continue protecting the client’s legal interests until legal certainty is achieved. The theoretical contribution of this study lies in reinforcing the concept of the continuity of power of attorney based on the protection of legal interests after death, while simultaneously offering a conceptual foundation for the reform of power of attorney regulations in Indonesian law.
Structure And Authority of The Shariah Court A Comparative Study Between Aceh and Penang Wahyudi; Susantri, Yulia; Maslijar, Heri; Rizki, Darlin
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.66567

Abstract

This study examines the institutional structure and authority of the Aceh Syar’iyah Court in Indonesia and the Penang Shariah Court in Malaysia as two models of implementing Islamic law within different national legal systems. Previous studies on Sharia courts in Southeast Asia have largely focused on normative and institutional aspects, with limited attention to how constitutional design shapes the scope of judicial authority in a direct comparative framework. This study argues that the differences in the authority of Sharia courts in Aceh and Penang are fundamentally influenced by constitutional structure and the distribution of state power in each country. This research employs normative legal research with a comparative approach through the analysis of laws and regulations, Aceh qanun, Penang state enactments, and relevant scientific literature. The findings show that the Aceh Syar’iyah Court has broader authority, including in the field of Islamic criminal law (jinayah), as a consequence of Aceh’s status as a special autonomous region within a unitary state. In contrast, the Penang Shariah Court has more limited authority due to the constraints of the Malaysian federal system, particularly in the field of criminal jurisdiction. This study contributes theoretically by providing a constitutional-based comparative analysis that explains the relationship between state structure and the scope of Sharia court authority, thereby enriching the study of constitutional law and Islamic judiciary in Southeast Asia.
Legal Protection for Cryptocurrency Investors: A Comparative Study of Indonesia and Singapore Aulia, Fara; Sugiyono, Heru
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.66733

Abstract

Crypto is digital money created through mining or issued by authorities, utilizing cryptography and blockchain for security. This study aims to analyze the legal protection framework for investors regarding the risks of cryptocurrency transactions, as well as the liability of service provider platforms, through a comparison between Indonesia and Singapore. The research method employed is a normative legal analysis using a statutory approach, a case-law approach, and a comparative approach. This study represents a novel contribution because no previous research has compared the concepts of investor protection and platform liability. Data sources include primary legal materials such as Law No. 4 of 2023 on the Development and Strengthening of the Financial Sector, Law No. 8 of 1995 on the Capital Market, regulations of the Commodity Futures Trading Supervisory Agency, regulations of the Financial Services Authority, as well as Singaporean regulations such as the Payment Services Act 2019 and the Securities and Futures Act. The research findings indicate that Indonesia recognizes crypto assets as commodities, with oversight now transferred to the Financial Services Authority, and provides protection through Know Your Customer, Anti-Money Laundering, risk disclosure, and the Financial Sector Alternative Dispute Resolution Institution. However, there is no automatic compensation mechanism in place. Singapore has more comprehensive and proactive regulations to protect investors.
Reassessing UNHCR’s Role in Rohingya Resettlement: A Jus Cogens Perspective on Non-Refoulement Nasution, Muhammad Rafli Fahriza; Harahap, Rabiah Z
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.66737

Abstract

The Rohingya refugee crisis remains one of the most protracted humanitarian emergencies, raising persistent questions regarding the implementation of the principle of non-refoulement in international refugee law. While previous studies have widely examined refugee protection and regional responses, limited scholarship specifically addresses the normative tension between the binding character of non-refoulement and the voluntary nature of third-country resettlement mechanisms. This study analyzes the legal status of non-refoulement and evaluates the role of the United Nations High Commissioner for Refugees (UNHCR) in Rohingya resettlement to third countries. Using normative legal research with statutory, conceptual, and doctrinal approaches, the study finds that non-refoulement has developed beyond treaty law into a widely recognized norm of customary international law, although its jus cogens status remains debated in academic literature. UNHCR plays a central operational role through refugee status determination, vulnerability assessment, case referral, pre-departure preparation, and post-arrival monitoring. However, its effectiveness is constrained by limited quotas, state sovereignty concerns, and the absence of binding obligations on receiving states. This article contributes by proposing a clearer distinction between non-refoulement as a mandatory protection norm and resettlement as a burden-sharing mechanism dependent on state consent. Strengthening global responsibility-sharing frameworks is therefore essential for more effective Rohingya protection.

Page 24 of 24 | Total Record : 236

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