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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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THE AUTHORITY OF MEDICAL ORGANIZATIONS IN DETERMINING THE OCCURRENCE OF MEDICAL MALPRACTICE Panangngari, Andi Aulia; Muin, Audyna Mayasari; Mirzana, Hijrah Adhyanti
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.37373

Abstract

This study aimed to examine and analyze the authority of medical organizations in determining the occurrence of medical malpractice and to examine and analyze the judge's consideration of Decision Number 1441/Pid/Sus/2019/PN Mks. This study used a normative juridical research method with a statute approach and a case approach. The data analysis employed descriptive qualitative analysis, which was correlated with concepts and theories from various literary sources. The results of the study revealed that the Indonesian Medical Association (IMA), through Honorary Council for Medical Ethics (HCME), was authorized to determine the occurrence of medical malpractice. This authority was manifested through the revocation of the license of the doctor who became the defendant, even though the judge's decision stated that no malpractice was found by the defendant. Regarding Decision Number 1441/Pid.Sus/2019/PN. Mks, the acquittal for Mrs. Dr. Elizabeth Susana M. Boing was right. Many opinions confirmed that the incident was a result of medical risks rather than medical malpractice committed by Mrs. Dr. Elizabeth. However, it was considered a work accident that resulted in a medical risk, which basically did not result in criminal sanctions.
A COMPARISON BETWEEN THE VIEWS OF TURAS FIQH AND NEW FIQH REGARDING JARIMAH HUDUD PENALTIES: ISLAMIC LAW AND LANGUAGE REVIEW Hannani
Al-Risalah VOLUME 21 NO 2, NOVEMBER (2021)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.v21i1.39768

Abstract

There is a difference of opinion between salaf scholars and modern scholars regarding the implementation of hudud jarimah. Some of them try to maintain their understanding according to the text, they want the implementation of jarimah hudud to be adapted to the practices that occurred at the time of the Prophet. While others want a new interpretation regarding jarimah hudud. Therefore, in this article the researcher wants to explain the views of salaf scholars and modern scholars regarding jarimah hudud and how linguistic interpretation relates to jarimah hudud. The method used in this study is the comparative method, by comparing the opinions of salaf scholars and modern scholars regarding jarimah hudūd. This research is a library research by collecting the opinions of scholars from various books and using descriptive analysis methods. The results of this study concluded that according to salaf scholars, jarimah hudud punishment is something that is ta'abbudi in nature which does not accept qiyas and ta'lil. their language interpretation also follows the maqshadi of sahabah and scholars which includes the terms of the crime and the conditions of the offender. While modern scholars try to reinterpret the maqashid uqubah and expand the arena of hudud and its interpretation.
CRIMINALIZATION OF UNLAWFUL ACTS DOES NOT DETERMINE THE STATUS OF NARCOTIC CONFISCATED GOODS AND NARCOTIC PRECURSORS FOR THE PURPOSE OF PROVING CASES Amalo, Yandres Junius; Muchtar, Syamsuddin
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.39874

Abstract

One of the areas of law in carrying out the duties of the Prosecutor's Office according to Article 30 paragraph (1) letter b of the Prosecutor's Law states that the prosecutor's office carries out prosecutions and executors of court decisions that have permanent legal force related to the crime of Narcotics Law Number 35 of 2009 concerning Narcotics (abbreviated Narcotics Law). In this regard, Article 141 of Law number 35 of 2009 concerning Narcotics states that the Head of the District Attorney who unlawfully does not implement the provisions referred to in Article 91 paragraph (1) may be punished. Determination of Sanctions in a criminal law is not merely a matter of mere technical legislation, but is an integral part of the substance or material of the law itself. So that the imposition of sanctions is not necessarily enforced based on the sound of the article but must pay attention to other aspects contained in the regulation, in this case must pay attention to the principles of applicable law. This research is normative legal research by combining conceptual approaches, statutory approaches and case approaches. The results of the research show that the issues of penalization, depenalization, criminalization and decriminalization must be understood comprehensively with all aspects of issues of substance or statutory material at the stage of legislation policy. Based on this concept, care must be taken so that criminalization remains in the correct corridor, namely paying attention to the principles of criminalization (the principle of legality, the principle of subsidiarity, and the principle of equality/equality).
APPLICATION OF THE LEX SPECIALIS DEROGAT LEGI GENERALIS PRINCIPLE IN HOUSEHOLD VIOLENT CRIMINAL CASES WITH UNDER HAND MARRIAGE STATU: STUDY OF DECISION NUMBER 101/PID.B/2018/PN KPH Harsandini, Diska; Haeranah; Azisa, Nur
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.39875

Abstract

The case against Decision Number 101/Pid.B/2018/Pn Kph with the application of Article 351 paragraph (1) of the Criminal Code in criminal cases of domestic violence, as well as the application Law No. 23 of 2004 concerning Domestic Violence for victims of domestic violence with underhanded marriage ties that are not in line with legal objectives in terms of certainty, justice and benefit. This research is a normative legal research using a statutory approach. The results of the research show that the application of Article 351 paragraph (1) of the Criminal Code does not fulfill the legal objectives in terms of certainty, justice, and legal benefits. This is due to the fact that the panel of judges, through their considerations, does not see that underhand marriage is a legal marriage, whereas in the KHI and the Marriage Law it is considered that marriages carried out in accordance with religious verses are legal marriages, so that the application Law No. 23 of 2004 concerning Domestic Violence can be applied as a legal basis. Implementation the Law No. 23 of 2004 concerning Domestic Violence can be applied to victims of domestic violence with underhanded marriage ties, based on the KHI and the Marriage Law, this is also strengthened by The Lex Specialis Derogat Legi Generalis so that victims of domestic violence with underhand marriage ties are no longer only protected by general regulations, namely the Criminal Code, but special regulations, namely Law No. 23 of 2004 concerning Domestic Violence Law (PKDRT).
REVIEW OF TASYRĪ' PHILOSOPHY ON QABŪL REPRESENTATION IN MARRIAGE IN PALLANGGA DISTRICT, GOWA REGENCY Idrus, Achmad Musyahid; Mukarromah, Nurul Faatikhatul; Ramli, Arif Rahman; Nurdin, Roswati; Abdul Qayyum, Abdul Rahman Hi
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.40082

Abstract

This study aims to analyze and explore the philosophical aspects of the concept of Tasyri' in the context of Kabul representation in marriage, especially in Pallangga District, Gowa Regency. Tasyri' is an approach to Islamic law that covers various aspects of life, including marriage law. Kabul representation, as the guiding principle of marital property, has its roots in the philosophical views underlying Islamic law. This research uses a qualitative approach with textual analysis methods to explore a deep understanding of Tasyri's philosophical views regarding Kabul representation. The data was collected through in-depth interviews with religious leaders, Islamic jurists, and communities in Pallangga sub-district. In addition, primary sources such as Islamic law books and related literature are also used as references to support the analysis. The results showed that Kabul's representation in marriage had a deep philosophical basis in Tashri's view. This principle reflects aspects of equality, justice, and responsibility in the marital relationship. This philosophical view provides the foundation for the application of marriage law that accommodates individual and family interests in a balanced manner. In the context of Pallangga sub-district, Kabul representation still has relevance and is applied in marriage practice. However, there are also social and cultural dynamics that influence the interpretation and implementation of this principle. The study concludes that understanding Tasyri's philosophical views on Kabul representation can provide deeper insight into the cultural roots and values that shape the practice of marriage law in the society
EFFORTS TO PREVENT INDICATIONS OF CRIMINAL ACTS IN NOTARIAL DEEDS THROUGH THE APPLICATION OF ARTICLE 39 PARAGRAPH (2) OF THE UUJN: CRIMINOLOGY STUDIES Syukur, M. Jafar; Sakmaf, Marius Suprianto; Karauwan, Donny
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.40403

Abstract

Indications of criminal acts by notaries as state public officials are rife in Indonesia. The existence of notary authority in terms of making authentic deeds continues to reap the spotlight ranging from allegations of forgery of letters, embezzlement, money laundering and false information. This study aims to determine efforts to prevent indications of criminal acts in notary deeds through the application of article 39 paragraph 2 of the UUJB. The type of research used is a literature study with a normative juridical approach. The results showed that Article 39 paragraph 2 of the UUJBN was placed as an important instrument in preventing indications of criminal acts in the authority to make notary deeds, the existence of Article 39 paragraph 2 of the UUJB places notaries on objects that are able to act legally by providing formal certainty for authentic deeds made without causing indications of criminal acts. Procedurally, the application of Article 39 paragraph 2 of the UUJB in the prevention of criminal acts is carried out through the precautionary and systematic principle by requiring notaries to know the facing parties and also pay attention to other aspects including certainty of the day, date, month, year and time of face, signatures, copies of deeds, and minutes of deeds issued. In addition, the roles and responsibilities of notaries in making deeds based on Article 39 paragraph 2 of the UUJB include civil responsibility, code of ethics responsibility, administrative responsibility and criminal responsibility.
Telaah Sadd Adz-Zariah PRISONER RELEASE POLICY DURING COVID-19 FROM SADD AL-ŻARĪ'AH'S PERSPECTIVE Arisva, Vatta; Mahdi, M. Fakhrul
Al-Risalah VOLUME 23 NO 2, NOVEMBER (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.31161

Abstract

The policy of the Minister of Law and Human Rights regarding granting prisoner release at the beginning of 2020 has caused a stir among the public because this policy was issued in the midst of the country being hit by the COVID-19 pandemic, a symptom of a deadly disease. On this basis, the researcher wanted to find out how to grant prisoner release based on the policy of the Minister of Law and Human Rights in the midst of the Covid-19 pandemic?, and what is Sadd al-żarī'ah's study of prisoner release based on the policy of the Minister of Law and Human Rights during Covid-19? This qualitative research used a normative method and a statute approach. Meanwhile, the types of data used were secondary data and primary data. The results of this research showed that the granting of prisoner release was carried out by Correctional Institutions with an integrated Correctional Database System (CDS) for prisoners who had fulfilled the substantive and administrative requirements by going through the procedures process. The policies were reviewed through sadd al-żarī'ah, which was a method of carrying out the law. In this case, seeing the intermediary of the action could lead to maslahah or mafsadat. The greater benefit arising from this policy is protecting lives by preventing the transmission of COVID-19, which could be deadly in Correctional Institutions as closed housing and over capacity. However, there are also consequences in the form of repetition of criminal acts (recidivism) by prisoners.
AN ANALYSIS OF CHANGES TO TARJIH MUHAMMADIYAH'S FATWA ON SMOKING FROM MANHAJ TARJIH'S PERSPECTIVE Rahman, Edy Masnur
Al-Risalah VOLUME 23 NO 2, NOVEMBER (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.31325

Abstract

This research aimed to reveal the approach used in the tarjih Muhammadiyah’s fatwa regarding smoking law and describe the application of legal change rules in the smoking problem from Manhaj Tarjih's perspective. This research employed literature-based with a qualitative descriptive-analysis method. The results of the research showed that smoking law Fatwa Number 30 of 2005 and Fatwa Number 7 of 2007 used three approaches, including Bayani, Burhani, and Irfani. However, the Bayani approach was still more dominant than other approaches. Fatwa Number 6 of 2010 has also used three circular approaches, namely Bayani, Burhani, and Irfani, although the Irfani approach was still felt to be lacking and has not been stated explicitly. Then, the application of the four rules for changing the law in Muhammadiyah's manhaj tarjih has been perfectly fulfilled in the case of changing the law regarding the issue of smoking in the tarjih fatwa. Therefore, the changes that occurred have been accompanied by clear arguments and did not conflict with the Al-Qur’an and as-Sunnah. It is hoped that special research from the perspective of the Irfani approach was still very lacking. Furthermore, the community is expected to be mature in responding to changes in smoking laws decided by Muhammadiyah Tarjih and Tajdid Council.
CRITICAL REVIEW OF THE LEGAL REGULATION OF MICROTRANSACTION ‘GACHA’: A COMPARATIVE STUDY OF ISLAMIC CRIMINAL LAW AND NATIONAL CRIMINAL LAW Putri, Mutmainna; Rahmawati; Anwar, Alfiansyah; Haq, Islamul; Zulfahmi AR
Al-Risalah VOLUME 23 NO 2, NOVEMBER (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.39934

Abstract

Microtransactions are a type of small-scale financial transaction conducted online. With the advent of the internet, trading transactions no longer require direct interaction between the seller and the buyer, as everything is done through online platforms. One form of microtransaction found in games is gacha. The issue of microtransaction gacha arises due to their inherent gambling elements. However, there is a loophole in current criminal law in Indonesia where no specific regulation governs this issue. This research aims to compare the differences in the legal regulation of microtransaction gacha between national criminal law and Islamic criminal law. The research methodology employed is a comparative method with a literature review approach. The findings of this research indicate that there is no specific regulation in national criminal law that categorizes microtransaction gacha as prohibited acts under the law, whereas, in Islamic criminal law, microtransaction gacha fulfill the elements of gambling and are therefore considered haram (forbidden). Therefore it is important to establish a framework of criminal law that regulates gacha systems to minimize the impacts caused by microtransaction gacha.
DETERMINATION OF UJRAH ON MULTI-JASA FINANCING BTN iB PERSPECTIVE FATWA DSN MUI No. 44/DSN-MUI/VIII/2004: CASE STUDY OF BANK BTN KC SYARIAH MEDAN Bambang Yulianto; Suparmin, Sudirman
Al-Risalah VOLUME 23 NO 2, NOVEMBER (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.42198

Abstract

The purpose of this research is to find out the practice of the basic kafalah bil ujrah contract on BTN iB multiservice financing occurring at BTN KC Syariah Medan and the low determination of ujrah is in accordance with DSN-MUI Fatwa No. 44/DSN-MUI/VII/2004 corcerning multiservice financing. This type of research is field research using a qualitative approach. Data was obtained using interview literature study, then analyzed using descriptive analysis methods. The results of this research show that: First, in practice the kafalah bil ujrah contract in multiservice financing at BTN KC Syariah Medan is harmonious and the conditions are met as in accordance with the provisions of Fatwa DSN-MUI No. 11/DSN/MUI/-/IV/2000 concerning kafalah. Second, the determination of ujrah on multiservice financing at BTN Syariah in the form of a percentage is carried out based on the Directors' Circular Letter (SED) issued by the head office of Bank Tabungan Negara (BTN) Syariah which is located in Jakarta, so that parties from the Syariah Branch Office do not have the right to change these provisions. However, in order to avoid ambiguity, BTN Syariah Medan also attached the ujrah in nominal form.

Page 9 of 19 | Total Record : 183

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