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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 183 Documents
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Decision Concepts State Administration Post Entry into Law Number 30 Of 2014 Concerning Government Administration Muslim Haq. M.; Anshori Ilyas
Al-Risalah VOLUME 22 NO 2, NOVEMBER (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.34008

Abstract

After the enactment of Law no. 30 of 2014 Concerning Government Administration, the Concept of State Administrative Decisions has experienced a shift in meaning as intended in Article 1 Paragraph (3) Law no. 5 of 1986 concerning the State Administrative Court was later amended in Law no. 9 of 2004 concerning Amendments to Law no. 5 of 1965 concerning the State Administrative Court and amended for the second time in Law no. 51 of 2009 concerning the Second Amendment to Law Number 5 of 1986 concerning the State Administrative Court. The research method used is normative research or library research. From the results of this study, in general there are two concepts of state administrative decisions, namely: (1). State Administrative Decision in writing, and (2). Unwritten State Administrative Decisions, among others: (1). Government Administration Actions or Factual Actions and (2). State Administrative Decisions in the form of speech.
Juridical Study Dispute Settlement Process Cancellation of Sale and Purchase of Land Rights and Joint Assets Nazira Inaya Putri; Nynda Fatmawati Octarina
Al-Risalah VOLUME 22 NO 2, NOVEMBER (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.34172

Abstract

The research was conducted aiming to find out how the process of settlement of land sale and purchase disputes was carried out. The research was conducted with reference to the applicable laws and regulations. Data analysis using data equations that have been obtained at the time of the study finally obtained the following research results: (1) Based on the decision of the case Number: 62/Pdt.G/2013/PN. Tk is a problem in the implementation of the sale and purchase of joint assets carried out without the consent of one of the parties. The decision of the panel of judges in Decision Number : 62/Pdt.G/2013/PN.Tk which rejected the plaintiff's claim was correct. This is because the disputed land is not a joint property (gono gini) of the Plaintiff and Defendant II. Defendant II did not act for himself but only served as a "proxy". The position of Defendant II who only acts as the "power" to sell the disputed land is reasonable because as has been considered above.
Legal Effects on PPAT That are Involved in the Making of Multiple Certificates Helend Kasanda; Habib Adjie
Al-Risalah VOLUME 22 NO 2, NOVEMBER (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.34312

Abstract

In the implementation of maintaining and protecting the rights of citizens and providing clear legal certainty regarding the registration of a plot of land in order to legalize ownership of land parcels and individual rights in control over land on the basis of PP no. 24 of 1997 concerning Land Registration. PPAT is a public official who is authorized to make a deed of transfer of land rights, deed of assignment of land rights, and deed of power of attorney to impose Mortgage Rights. With this authority, PPAT can take other people's rights by making land deeds for the issuance of other certificates on land owned by other people, so there will be multiple certificates on the same piece of land. In his behavior that violates and abuses his authority and obligations as PPAT, the legal impact of dishonorable dismissal or criminal threats needs to be carried out in order to protect the rights of land owners from crimes committed by PPAT that can harm other parties.
Regional Government Authority in Fulfilling the Right to Legal Aid for the Poor and Vulnerable Groups Indah Sari; Aminuddin Ilmar
Al-Risalah VOLUME 22 NO 2, NOVEMBER (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.29151

Abstract

Local government is authorised to fulfil the right to legal aid to disadvantaged and vulnerable groups. Such authority is referred to as attributive authority. The regional government's implementation of legal aid is critical because the central government's budget allocation for such aid remains constrained. This is evident from the unequal distribution of funds for legal aid as well as the disparity between the number of legal aid organisations and the number of people in need. In addition to being constrained by the budget, the provision of legal aid under Law No. 16 of 2011 concerning Legal Aid is currently confined to the poor, despite the fact that various laws mandate the provision of legal aid to certain groups.
Enforcement of the Prosecutor's Dominus Litis Principle Against the Authority of Military Auditors as Public Prosecutors in Military Courts Nurul Amaliah; M. Syukri Akub; Haeranah
Al-Risalah VOLUME 22 NO 2, NOVEMBER (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.34355

Abstract

Enforcement of the Dominus Litis Principle of the Prosecutor's Office against the Authority of Military Prosecutors as Public Prosecutors in the Military Courts with the presence of UURI No. 31 of 1997 concerning Military Justice there is an overlap of authority with the principle of dominus litis from the prosecutor's office as the only state institution that is given authority in prosecution in Indonesia. This research is an empirical normative research, combining the normative legal approach of legislation with empirical elements in the form of interviews. The results showed that the authority possessed by military prosecutors as public prosecutors in military courts clashed with the dominus litis principle of the prosecutor's office as the only state institution granted authority in prosecutions in the country, but with the establishment of Jampidmil in the organizational body of the prosecutor's office specifically as a public prosecutor in the military courts, as a solution to restore the principle of dominus litis as a foundation ...
THE URGENCY OF MAQĀŞID SHARĪA FOR HALAL TOURISM REGULATION IN INDONESIA Nurjannah; Awalauddin, Murtiadi; K, Amiruddin; Fadel, Muhammad; Asti, Mulham Jaki
Al-Risalah VOLUME 23 NO 1, MAY (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.35026

Abstract

Halal tourism is one of the halal value chains that has experienced very significant development, not only in Muslim-majority countries but has penetrated into minority countries. Indonesia is also one of the drivers of halal tourism with various achievements achieved in the international arena, however, the regulation of halal tourism is still a polemic and there is no strong legal umbrella governing it. This research aims to see the urgency of maqashid sharia on halal tourism regulation in Indonesia. This research is a normative research with literature search method. Data obtained from journals, books, research relevant to the discussion are reviewed descriptively. The result of the research is that related to halal tourism in Indonesia there has been a MUI fatwa No. 18/MUI-DSN/X/2016 concerning Guidelines for the Implementation of Tourism Based on Sharia Principles and various other laws and regulations, but it has not fully given effect to tourism management and development, especially legal certainty. So in making regulations, the elements of maqashid sharia are needed, namely protecting religion, soul, mind, offspring and property which is the basic foundation because it is in line with the purpose of establishing halal tourism, namely the realization of maslahah and avoiding mafsadah which can be achieved by all related elements.
PROBLEMATICS OF THE POSITION OF NOTARY IN TECHNOLOGY DEVELOPMENT AND INFORMATION Sulaiman Khalid, Raden Raihan; Saleh, Moh.
Al-Risalah VOLUME 23 NO 1, MAY (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.36992

Abstract

In the development of technology and information, digitalization needs to be carried out to support the duties and positions of a notary. As a way of adaptation, notaries can implement cyber notaries with positive benefits. Cyber Notary is a concept of utilizing technology that can assist notaries in carrying out their duties. Although there are many positive benefits, there are also obstacles to its application in Indonesia. The goal to be achieved in this research is to find out the problems faced by notaries in going digital, in order to find solutions in an effort to support the notary's duties. The method used is a normative juridical method, with an approach to related laws, and a conceptual approach. From the research results obtained, it is concluded that there are statutory constraints that are still contradictory in implementing Cyber Notary if it is implemented, it can lead to legal conflicts for notaries. As a solution, harmonization of applicable laws is needed.
ISLAMIC LAW PHILANTHROPY IN INSTITUTIONS AND URBAN VILLAGE COMMUNITY EMPOWERMENT PATTERNS IN PAREPARE CITY Hannani; Hasim, Hasanuddin; Abdillah
Al-Risalah VOLUME 23 NO 1, MAY (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.37008

Abstract

Parepare city community empowerment through Parepare Mayor Regulation No. 4 of 2019 concerning Guidelines for Community Empowerment Institutions for the City of Parepare Village is a step by the city government in increasing the empowerment of the keluran community, but it is inversely proportional to the poverty rate from 2019-2022 which has shown a drastic increase, this is what makes researchers want to see the implementation of the mayor's regulations and community empowerment parepare city from an Islamic philanthropic perspective, this research method is a qualitative research using library research and field research methods, Islamic philanthropy and the concept of the Indonesian state are manifested linearly with Parepare Mayor Regulation No.4 of 2019 concerning guidelines for implementing village community empowerment institutions including namely : 1) Facilitate the municipal government of Parepare in preparing and implementing policies that are aspirational and right on target or needed by the community; and 2) Management of LPMK is more structured and systematic. However, the problem with the implementation of these rules lies in human resources, communication and socialization and the massive management of LPMK in Parepare City.
THE URGENCY OF ASSET CONFISCATION WITHOUT CRIMINAL PROSECUTION IN CORRUPTION CRIMES AS RENEWAL OF INDONESIAN CRIMINAL LAW Hidayat, Ahmad Arif; Karim, Muhammad Said
Al-Risalah VOLUME 23 NO 1, MAY (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.37164

Abstract

The Urgency of Confiscation of Assets Without Criminal Prosecution of Corruption for a Country of Confiscation of Assets without Criminal Prosecution of Corruption can be Implemented in Indonesia. Research using normative legal research. Is a legal research method that combines a normative legal approach, namely statutory law and a conceptual approach'. The results of the study showed that (1) Mechanisms for appropriation of assets without prosecution for corruption. The process is more effective because it bypasses several legal principles and also by lowering the standard of proof in criminal cases, is considered to have the potential to face the principle of a fair trial (due process of law). as well as the right to own one's property (property rights). This is, for example, reflecting on the experience of lawsuits for judicial review of several articles in the TPPU Law, such as the matter of reverse proof and evidence of predicate crimes. Even though the Constitutional Court Decision has confirmed the constitutionality of the articles being tested, (2) The biggest challenge for introducing the in rem asset confiscation law in the Asset Confiscation Bill is how to explain this approach, which separates the relationship of assets proceeds of crime from the perpetrators of crimes. Even though it is not at all aimed at eliminating the criminal justice process, sometimes in rem deprivation will only be after the proceeds of crime without regard to who the perpetrators are.
TA'ĀRUF ONLINE PERSPECTIVES ON FIQHIYYAH METHODS: DAR’U AL-MAFĀSID AULĀ MIN JALB AL-MAŞĀLIH Rahim, Asrianto; Misbahuddin; Mujiburrahman; Nurfaika, Sitti; Razak, Abd. Rahman; Ramoddin; Zainuddin
Al-Risalah VOLUME 23 NO 1, MAY (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.37266

Abstract

Ta'aruf is one of the realms of social interaction which is the door to building a relationship between human beings in general. This has been discussed in the Qur'an which is a book that contains instructions for humans, that humans are created with different shapes or characters. The goal is for people to get to know each other. In other terms known as the term ta'aruf earlier. However, in this discussion the word ta'aruf is interpreted more specifically as an effort to recognize the opposite sex to be a life partner. So, ta'aruf is part of the initial stages before building a lasting relationship, namely marriage. Related to this, the law or sharia whose function is to fill the space for all community behavior, also follow these developments so that they can always provide explanations about new things that arise. The aim is to be able to provide legal certainty regarding a new lifestyle that is developing in society. This study uses the library method, namely by collecting as much data as possible from previous research and then concluding it into new research, it is intended that this research will later become one of the sources for similar discussions.

Page 8 of 19 | Total Record : 183

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