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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 Legal Benefits of Islamic Rural Bank Mergers for the Banking Industry Defilania, Oktri; 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.66473

Abstract

Mergers are a strategic tool widely used by the banking industry to ensure business sustainability, particularly in the face of capital constraints and increasing competitive risks. In the context of Sharia Rural Banks (BPRS), merger policies are not merely business-oriented but also carry significant legal implications for strengthening the structure of the national sharia banking industry. However, legal studies on the benefits of BPRS mergers tend to remain normative and have not yet been systematically analyzed based on the principle of legal utility. This study aims to analyze the legal benefits of BPRS mergers for the banking industry using a utilitarian approach, as well as to identify the legal and institutional challenges arising from the implementation of such mergers. The research method employed is normative legal research using a statutory approach and a conceptual approach. The legal materials analyzed include laws, regulations issued by the Financial Services Authority, as well as relevant legal doctrines and literature, which are subsequently analyzed qualitatively through deductive reasoning. The research results indicate that BPRS mergers provide concrete legal benefits, including strengthening capital structure, improving bank governance, enhancing the efficiency of supervision by the Financial Services Authority, and increasing customer confidence. Nevertheless, mergers also face challenges such as human resource integration, alignment of work culture, and the risk of short-term profitability decline. This study contributes to enriching the study of Islamic banking law by placing BPRS merger policies within the framework of the legal principle of utility in a more analytical and practical manner.
Reformulating the Una Via Principle in the Law on Financial Sector Development and Strengthening Djayanti; 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.66568

Abstract

Capital market law enforcement in Indonesia faces a major legal issue in the form of uncertainty regarding the application of the una via principle in determining the appropriate enforcement pathway between administrative and criminal sanctions, particularly following Constitutional Court Decision No. 59/PUU-XXI/2023, which revoked the Financial Services Authority’s (OJK) exclusive investigative authority. This situation raises issues of legitimacy as well as a disparity in evidentiary standards between the administrative and criminal legal regimes. The study’s key findings indicate that the current formulation of the “una via” principle risks creating legal defects due to an imbalance in evidentiary standards. The dominance of administrative assessments by the OJK as the initial basis for determining criminal offenses is not always aligned with criminal evidentiary standards, thereby implicating issues of proof and the effectiveness of criminal law enforcement in the capital market sector. As normative and institutional recommendations, this study proposes reformulating the una via principle through strengthening the administrative sanctions regime, developing formal coordination mechanisms between the OJK and the Police, and institutionalizing a Joint Case Assessment Committee. Additionally, the adoption of a civil penalty system based on practices in Singapore, Malaysia, and the Netherlands is recommended to enhance legal certainty and the effectiveness of capital market law enforcement.
Hybrid Digital Replication Rights: Recalibrating Identity Protection in the Indonesian Legal System through the Perspective of Lex AI Kirana Hamonangan, Marcellius; Gunadi, Ariawan
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.66572

Abstract

Modern AI systems are increasingly capable of replicating a person’s voice, facial resemblance, body movements, and behavior without the consent of the subject in question. Existing legal frameworks—including privacy laws, copyright laws, and publicity rights—provide only partial protection and are not yet sufficient to address AI-based identity duplication. In Indonesia, the absence of explicit provisions in Law No. 27 of 2022 on Personal Data Protection and the Copyright Law regarding synthetic personas creates a legal gap that could lead to uncertainty as well as economic and reputational harm to individuals. This article analyzes the legal implications of identity replication enabled by AI and, for the first time, introduces the concept of Hybrid Digital Replication Rights (DRR) as a new legal framework for digital identity protection. Unlike traditional production-based approaches in intellectual property law, DRR adopts replication-based protection, which is triggered when synthetic outputs bear substantial resemblance to identifiable individuals and pose a risk of tangible harm.  DRR is designed with limited economic components valid for the duration of a person’s lifetime plus seventy years, as well as a non-transferable moral core rooted in the principle of human dignity. Referring to Lex AI’s theory of Private Ordering by Design, this article asserts that identity protection must be integrated into the technical architecture of AI systems. Thus, this article makes a conceptual contribution by formulating DRR as a normative–technical legal framework within the context of the Indonesian legal system.
Reconstructing Civil Liability for Banking Data Breaches: A Comparative Study of Indonesia, France, and Germany Laksana, Ajie Agung; 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.66749

Abstract

Despite the constitutional mandate of the Indonesian state of law and the strict requirement for bank secrecy under Law No. 10 of 1998, a significant legal paradox has emerged as highlighted by the Surabaya District Court Decision Number 615/Pdt.G/2023/PN Sby, where banking personnel leaked sensitive customer information—including names, addresses, and customer information file (CIF) numbers—into a public messaging group. This institutional failure reveals a critical disregard for the principle of prudence and exposes a substantial legal vacuum concerning the formulation of comprehensive civil liability for banking institutions to restore the material and immaterial losses suffered by victims of personal data breaches. This study uses a normative legal research method that focuses on the study of legal documents to find the truth of the coherence between legal norms and the legal reality related to personal data protection. The results of the study indicate the need for new legal formulations through changements to the Banking Law that include a special civil law regime to bridge the gap between substantive law and conventional formal law. In addition, it was found that there is an urgent need to strengthen the judicial and evidentiary processes through amendments to the Banking Law for banking institutions regarding data leaks committed by internal employees in order to provide fair compensation for customers and the continuity of banking law in Indonesia.
Legal Analysis of the Transfer of Land Rights of PTPN I in the Development of the Citrland Project Adnan, Muhammad Ali; Arkan, Muhammad; Siburian, Lamroni; Sunarto, Atika
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.66762

Abstract

The transfer of land rights with the status of Right of Cultivation (HGU) owned by PT Perkebunan Nusantara I in the development of the Citraland project emphasizes aspects of legal certainty, administrative mechanisms, and the legal responsibilities of the parties involved. This research employs a normative juridical method with statutory and conceptual approaches, through an examination of agrarian legal norms, regulations governing the management of State-Owned Enterprise assets, legal doctrines, and relevant legal practices. The results of the study indicate that the transfer of HGU cannot be carried out directly to the developer; instead, it must first involve the relinquishment of the right so that the land reverts to state land, followed by the granting of new land rights by the land authority in accordance with spatial planning designations and construction permits. Legal responsibility is reciprocal in nature, whereby PTPN I is obligated to ensure the legality and accountability of state asset management, while the developer is required to fulfill all requirements for the acquisition of land rights and development permits in order to provide legal certainty and protection for good-faith members of the public. This study affirms that compliance with the principles of legality, transparency, and accountability constitutes a fundamental prerequisite to prevent disputes and potential state losses in the transfer of strategic assets.
Sentencing Disparity and the Reformulation of Rehabilitation Policy for Narcotics Users under Law Number 35 of 2009 and the Indonesian National Criminal Code Mardana Rifta Oktaviana; Ali Masyhar; Cahya Wulandari
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.66931

Abstract

Drug abuse in Indonesia continues to generate complex legal and public health problems due to the inconsistency between punitive narcotics law enforcement and recovery-oriented rehabilitation policies. Although Law Number 35 of 2009 concerning Narcotics recognizes rehabilitation through Articles 54, 103, and 127, the implementation of these provisions remains ineffective because the law simultaneously criminalizes narcotics users while providing facultative rehabilitation measures. The phrase “may” in Article 103 creates excessive judicial discretion, resulting in sentencing disparities, inconsistent rehabilitation practices, and the continued dominance of imprisonment for narcotics users. This condition reflects a normative conflict between punitive criminalization under the Narcotics Law and the rehabilitative measures paradigm introduced by Law Number 1 of 2023 concerning the Indonesian National Criminal Code. This study aims to analyze the doctrinal weaknesses of rehabilitation regulation for narcotics users and formulate an integrated rehabilitation model within the national criminal law system. This research employs normative legal research using statutory, conceptual, and case approaches through qualitative legal analysis of legislation, court decisions, and criminal law doctrines. The study finds that the primary weakness of the current rehabilitation policy lies in the ambiguity of legal subject classification, the absence of standardized assessment mechanisms, and the facultative nature of rehabilitation norms. This study proposes a reformulation model in the form of mandatory conditional rehabilitation for narcotics users and addicts proven to consume narcotics for personal use and not involved in trafficking networks. The reformulation should systematically integrate rehabilitation provisions in the Narcotics Law with rehabilitative measures under Articles 103 and 105 of the Indonesian National Criminal Code to establish a more proportional, health-based, and restorative criminal justice system. This model contributes to contemporary Indonesian criminal law reform by strengthening therapeutic jurisprudence and public health criminal policy approaches in narcotics law enforcement.
Responsibility of Marketplaces and Business Actors for the Sale of Fake Herbal Medicines from the Perspective of Consumer Protection Hidayat, Muhammad Rahmadzani; Hutabarat, Sylvana Murni Deborah
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.67012

Abstract

The rapid expansion of e-commerce has significantly increased the distribution of herbal medicines, yet it has simultaneously facilitated the circulation of counterfeit products that jeopardize consumer safety and lack mandatory health permits. This phenomenon highlights a critical legal gap where the ease of marketplace transactions allows sub-standard and hazardous medicines to bypass rigorous safety standards, necessitating a clear definition of liability for both sellers and platform providers. This research employs a normative juridical method utilizing statutory and case study approaches to analyze existing legal frameworks, specifically Law Number 8 of 1999 on Consumer Protection and BPSK Decision Number 001/PNTP/BPSK-DKI/I/2025. The study reveals that marketplaces, alongside business actors, bear shared legal liability under the principle of strict liability, as platforms derive economic benefit from these transactions and are obligated as electronic system providers to ensure the security of the managed trading system. Furthermore, while the Consumer Dispute Resolution Board (BPSK) provides a mechanism for redress, its current considerations focus primarily on achieving consensus through mediation rather than conducting deep normative testing or enforcing strict sanctions for violations of consumer protection laws.
Implications of Local Regulations on Street Vendors for Corporate Partners of Micro and Small Business in Depok City Syahuri, Taufiqurrohman; Surahmad; Thohari, Ahmad Ahsin; Fauzan, Muhammad; Maula, Putri Ni'matul; Tobing, Vania Athalia Lumban
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.67091

Abstract

This study focuses on the impact of local regulations governing street vendors on corporate partners and micro, small, and medium enterprises (MSMEs) in Depok City. In this context, street vendors play an important role in the local economy and require regulation to ensure sustainability and proper management of public spaces. This study aims to analyze how the implementation of the Perda affects corporate cart partners and MSMEs, with the goal of identifying the challenges and opportunities faced by these businesses. The research method used is a normative legal approach supplemented by in-depth interviews to obtain rich and detailed data from MSMEs, PKL, corporate partners, and relevant stakeholders. This study also employs policy analysis using a legal and conceptual approach to evaluate the effectiveness of existing regulations. The results and discussion reveal that SME partners strongly agree with the on-the-ground conditions in Depok City, where frequent raids on SMEs significantly hinder their economic activities. However, on the other hand, based on interviews with the team from the Depok City Cooperative and SME Department, it was explained that SMEs that are raided need to be mentored to gain knowledge and understanding regarding Depok City Regulation No. 3 of 2024 on the Protection, Empowerment, Development of Micro Businesses, as well as the Regulation and Empowerment of Street Vendors. This will at least provide protection and meet the needs of SMEs in Depok City. Thus, the implications of this regulation have a positive impact on SMEs and street vendors in driving the economy of Depok City.
Legal Certainty of Oil Palm Plantation Cultivation Rights within Forest Areas Following Government Regulation Number 45 of 2025 Wardhana, Wisnu Eka; Sri Wahyu Handayani
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.67203

Abstract

Government Regulation Number 45 of 2025 concerning the Amendment to Government Regulation Number 24 of 2021 on Procedures for the Imposition of Administrative Sanctions in the Forestry Sector was enacted as an instrument to address oil palm plantations that have encroached upon forest areas. However, rather than providing legal certainty, this regulation introduces a "reclamation" mechanism that potentially revokes Land Cultivation Rights (Hak Guna Usaha/HGU) that were lawfully obtained under the Basic Agrarian Law Number 5 of 1960. This study aims to analyze the legal certainty of HGU for oil palm plantations within forest areas following the enactment of Government Regulation Number 45 of 2025, and to identify potential normative conflicts arising within Indonesia's agrarian legal framework. The research employs a normative juridical method with a statute approach and a conceptual approach. The findings reveal that Government Regulation Number 45 of 2025 violates at least four of Lon Fuller's eight principles of the inner morality of law, namely the principles of non-retroactivity, non-contradiction, possibility of compliance, and congruence. Furthermore, the land reclamation mechanism contradicts Articles 18 and 34 of the Basic Agrarian Law, which exhaustively enumerate the lawful grounds for the revocation of land rights, and departs from the ultimum remedium principle established under Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law. The empowerment of the Forest Area Enforcement Task Force (Satgas PKH) as an ad hoc institution with authority equivalent to the Minister of Forestry also contravenes the principle of institutional legality. This study recommends a comprehensive revision of Government Regulation Number 45 of 2025, the definitive completion of forest area demarcation, and the restoration of enforcement authority to the institutions mandated by law.
Industrial Design Protection in Indonesia and the European Union: A Comparative Analysis of Legal Frameworks and WIPO-Based Dispute Indicators Moh. Mustakim Fauzan; Dewi Sulistianingsih
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.67265

Abstract

This study examines industrial design protection through a comparative legal analysis between Indonesia and the European Union by integrating normative legal assessment with empirical indicators derived from the World Intellectual Property Organization (WIPO) IP Statistics Data Center and related WIPO statistical reports during the 2019–2024 period. The research employs a normative-comparative juridical method using statute and comparative approaches to analyze Law No. 31 of 2000 on Industrial Design and Council Regulation (EC) No. 6/2002 on Community Designs. The empirical indicators utilized include industrial design filing activity, Hague System utilization, and institutional enforcement trends related to industrial design protection. The findings demonstrate that Indonesia’s industrial design regime is formally aligned with international standards but remains procedurally rigid and institutionally fragmented, particularly regarding judicial specialization, digital enforcement adaptation, and preventive protection mechanisms. In contrast, the European Union has developed a more integrated and adaptive system supported by harmonized regulations, specialized institutions, and broader utilization of international registration systems. The study further reveals that differences in enforcement effectiveness are strongly influenced by institutional integration and accessibility rather than merely normative legal conformity. Therefore, strengthening industrial design protection in Indonesia requires operational institutional reforms, digital administrative integration, and expansion of international protection mechanisms to bridge the gap between formal legal regulation and practical enforcement effectiveness.

Page 25 of 26 | Total Record : 252

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