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Legal Protection for the Partnership Agreement Parties

al-risalah
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Published by Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi

ISSN : 1412436X EISSN : 25409522 DOI : https://doi.org/10.30631/alrisalah.v22i1.1118

Core Subject : Economy, Social,

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Al-Risalah Forum Kajian Hukum dan Sosial Kemasyarakatan particularly focuses on the main problems in the development of the sciences of sharia and law areas. It publishes articles and research papers concerning Islamic law, Islamic legal thought, Islamic jurisprudence, Islamic economic laws, criminal law, civil law, international law, constitutional law, administrative law, economic law, medical law, customary law, environmental law and so on.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 10 Documents

Search results for , issue "Vol 21 No 2 (2021): December 2021" : 10 Documents clear

The Relationship between a Wife's Satisfaction in the Iddah Period with Marriage and Divorce Muhammad Nurohim; Yusuf Hanafi Pasaribu; Asmaiyani Asmaiyani
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

The purpose of this study is to examine the relationship between iddah living with marriage and divorce. The specification of this research is a descriptive analytical law research. The type of data used in this study is secondary data sourced from the library, such as primary legal materials, namely documents and any statutory regulations that are binding and determined by the competent authorities relating to the obligation of living during the iddah period. Plus secondary legal materials and tertiary legal documents. The data collection tool used in this research is a document study by tracing legal materials in the library. Then analyzed qualitatively. The results of this study indicate that the iddah of the ex-wife can only be requested after the divorce from a marriage that is recognized as valid.

Criminal Sanctions for Corruption Crimes Based on Perspective Study of Renewal Law and the Relationship with Islamic Criminal Law Fitri Wahyuni; Ishaq Ishaq; Aris Irawan
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

The crime of corruption is an extra ordinary crime that damages the joints of the economy in a country. Therefore, the crime must be given a sanction that creates a deterrent effect so that the act can be minimized. However, in reality the sanctions against corruption crimes that have been drafted at this time in Indonesia need to be reformulated through the reform of criminal law in Indonesia. This study examines the granting of criminal sanctions for perpetrators of corruption according to Islamic Criminal Law in relation to Criminal Law Reform. The research method used is normative legal research, with data sources in the form of secondary data and primary, secondary and tertiary legal materials. The analysis is in the form of descriptive qualitative. The criminal sanctions for perpetrators of corruption in Indonesia as stipulated in the corruption crime law are only in the form of imprisonment and fines. Thus, there is a need for reform of criminal law, specifically criminal law for corruption. These legal reform efforts sometimes originate from living laws besides Islamic law, including customary law as law that was applicable in Indonesian society before the entry of the Dutch criminal law. Therefore, the renewal of criminal sanctions for perpetrators of corruption crimes is currently a matter that needs to be reformulated considering the current sanctions have not provided a deterrent effect for perpetrators of corruption by reforming the law and incorporating Islamic values into the formulation of these sanctions, especially the values of justice in Islamic criminal law.

Relocation Model of Waqf Land and Buildings Impacted by Sidoarjo Mud Blowout Abdul Rokhim; Suratman Suratman
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

This research aims to analyse the validity relocation of land and buildings that cannot be used according to the aim of waqf stipulated in the Islamic Sharia and the Law on Waqf, as well as the relocation model of land and buildings that are impacted by the Sidoarjo mud blowout. This is juridical-normative research that uses statutory and conceptual approaches. The results show that there are dissents among Islamic law experts on the permissibility of waqf object relocation. Then, the Law on Waqf prohibits waqf diversion, except for public interests. Then, the Presidential Decree No. 14 of 2007 and its changes do not regulate waqf object replacement. Even so, in 2020 the government has relocated 8 out of 50 waqf objects outside of the Map of Impacted Area through build swap (ruilslag), whereas none of the waqf objects within the Map of Impacted Area that is the obligation of PT Lapindo Brantas company have been substituted. According to Article 15 clause (1) and (3) of the Presidential Decree No. 14 of 2007, the waqf land or buildings should be relocated using the sales transaction scheme. Its proceeds will then be used to buy substitute waqf objects elsewhere.

Grandfather Clause in the Trade Sector as a Security in Investment after Job Creation Act Anisa Hesti Fitriyani; Rianda Dirkareshza
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

This study discusses the application of the Grandfather Clause, especially in the trade sector, as a form of certainty in investment law after the issuance of the Job Creation Act. The main issues discussed in this study are how to apply the Grandfather Clause to ensure legal certainty for investors and business actors in the trade sector pre-Job Creation Act. And whether the Grandfather Clause can be a form of legal certainty for investors and business actors in the trade sector that engaged in the post-Job Creation Act. Of course, the aim is to analyze the application of the Grandfather Clause, especially in the trade sector, as a means of legal certainty for investors or business actors engaged in the trading sector. The research method used is a normative research method with a statute approach. The research results show that implementing the Grandfather Clause after changes of the Negative Investment List (DNI) from year to year can provide legal certainty for investors and business actors. In addition, it is also known that the actual implementation of the Grandfather Clause can be adjusted according to the preferences of investors and business actors. In this case, the Grandfather Clause may not be applied if it is felt that the provisions and licensing requirements in the existing regulations are considered more profitable.

The Effect of Financial Report Transparency and Zakat Management on Muzakki Trust in BAZNAS Lombok Timur Zainal Arifin Haji Munir
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

This study aims to analyze the effect of variable transparency of financial reports and zakat management at the National Amil Zakat Agency (BAZNAS) Lombok Timur on Muzakki trusts. As a non-profit organization, BAZNAS needs to pay attention to the satisfaction of the Muzakki, transparency and accountability of their institution to be able to increase Muzakki loyalty. The sample in this study is people who pay zakat (Muzakki) through BAZNAS. The Number of Samples used in this study amounted to 93 respondents, the data source was observations, questionnaires and documentations. The analysis of the data used IBM SPSS Statistics version 26. Analysis was carried out by several tests, success as validity test, reliability test, normality test, heteroscedasticity test, linearity test, linear regression analysis and coefficient of determination test. The results of this study indicate that the zakat management variable has a significance value of 0.014 <0.05 and a tcount value of 2.515> 1.98667, which means that the zakat management variable affects the trust of Muzakki. The transparency of financial statements has a positive and significant effect on Muzakki's trust, so the second hypothesis in this study is accepted. The results of this study indicate that the financial statement transparency variable has a significance value of 0.000 <0.05 and a tcount value of 5.208> 1.98667, which means that the financial statement transparency variable has an effect on Muzakki's trust. Zakat management and transparency of financial statements simultaneously affect the trust of Muzakki. So that the third hypothesis in this study is accepted. The results of this study indicate that the zakat management variable has a significance value of 0.000 <0.05 and an Fcount of 66,000> 3.10. So, it can be concluded that the variables of zakat management and financial statement transparency have a simultaneous effect on Muzakki's trust.

Presidential Decree as the Norm in Legal Politics (A Comparative of the Presidential Decree in Tunisia and Indonesia During Soekarno and Abdurrahman Wahid) Jafar Ahmad; Nisaul Fadillah
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

This article investigates a legal politics in Tunisia and Indonesia focuses the fate of the presidential decree in Tunisia in the dissolution of Parliament context. Did it succeed or fail? This analysis is obtained through a comparative study of the same pattern in Indonesia, namely the presidential decree during the Soekarno leadership and Abdurrahman Wahid or Gus Dur. The data is obtained through literature studies such as scientific books and journals. Researchers also construct the data through online media studies both at domestic and abroad. The results of this study illustrate how the pattern of the Presidential decree in Tunisia on July 27th, 2021. It has similarities with the presidential decree that occurred during the Soekarno Presidential era on July 5th, 1959. Military forces fully supported the decree that led to the dissolution of Parliament. Unlike Gus Dur, who stepped down from his post after issuing a decree. Kais Saied's decree in Tunisia is predicted to be a success and perpetuate his reign as President.

Why the Growth of Qanun Jinayah in Aceh was Slowly? An Analysis Using Structural Functionalism Theory Yuni Roslaili; Suparwany Suparwany; Amirulhakim Bin Ahmad Nadzri
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

The growth of Qanun Jinayah in Aceh is running stagnantly, although the implementation of Islamic Sharia has been implementing for seventeen years. The local government ratified only five qanun Jinayah. In fact, within that time, Aceh Government had imposed 177 qanuns and the crime rate in the region is increasing. Based on the case, this article aims to discuss recent progress of Jinayah law in Aceh and the challenges it faces. Then, using structural-functionalism theory discuss how coordination among sharia institutions worked as part of totality implementation of Islamic law in Aceh. By using qualitative and descriptive-interpretative methods, to examine interpretations and experiences of the subjects, in this case the sharia institutions, including Islamic Sharia Office, the Ulama Consultative Council, Sharia Court, and Sharia police, during their effort to implement Islamic Sharia. And finally, draw conclusion that the growth and development of Jinayah law in Aceh was prolonged because of weak coordination function among the sharia institutions. Therefore, it required a systematic approach based on structural-functionalism theory to encourage coordination between the sharia institutions in supporting the kaffah implementation of Islamic law in Aceh, including its Jinayah law.

Legal Review of the Execution of Movable Objects Based on Fiduciary Guarantees Against Default Debtors from the Perspective of Islamic Law Arief Rahman; Danang Wahyu Muhammad
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v21i2.799

The institutions involved in fiduciary guarantee services are constantly and continuously developing due to the increasing and evolving needs of the surrounding community. This directly impacts the people defaulting on their fiduciary guarantees or unable to repay their debts. In this case, debt transfers are often observed, requiring a down payment or guarantee money for the first one or two months. Debtors also commonly struggle to make subsequent payments, as they prioritize new goods or other secondary needs. This leads to defaults on transactions initiated by the debtor, ultimately causing harm to the creditor institution in terms of transferring fiduciary guarantee objects. Therefore, this study aims to compare the regulation of fiduciary guarantee objects transfer from the perspective of Islamic law. In this case, a qualitative research approach was employed by conducting a normative juridical analysis. A comparison was also carried out between the doctrines of formal and Islamic law within the local community. The results obtained are expected to minimize instances of default by debtors and protect the interests of creditors when transferring the objects of fiduciary guarantees in the future.

Enhancing the Effectiveness of the Zakat Management System to Reduce Taxable Income for Muslim Communities in East Java Novi Febriyanti
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v21i2.821

In Muslim communities of East Java, taxpayers lack knowledge about the management, regulation, and calculation of zakat as a tax deduction. This gap in understanding impedes effective use of zakat funds for community improvement. Therefore, this study aimed to find out the challenges faced in implementing zakat management as a deduction from taxable income of Muslim communities in East Java and propose how to tackle them. A qualitative approach was used, focusing on analyzing phenomena in their natural setting. To get a comprehensive analysis of phenomenology related to the zakat management mechanism, data collection techniques, including observation, interviews, and documentation, were used. The results showed that the management of zakat as a deduction from taxable income involves zakat through official organizations recognized by the Government, including BAZNAS (National Board of Zakat) and LAZ (Zakat Collection and Distribution Organizations). Once the muzakki fulfill their tax obligations, they receive a zakat Payment Receipt (BSZ) that can be attached to the Tax return (SPT) when paying taxes. As a result, the taxable income is directly reduced by the actual amount of zakat paid, which can lead to tax savings. Low awareness of zakat payment, reluctance to pay zakat, and lack of complete trust in BAZNAS and LAZ organizations were the challenges encountered in implementing zakat deductions. Other challenges include a limited number of BAZNAS/LAZ organizations that are recognized by the government, insufficient socialization and education on Law No. 23 of 2011 regarding zakat management, less significant tax reduction, and differences in interpretation when calculating the deduction of taxable income on zakat income.

- Specialized Rehabilitation of Military Personnel Convicted of Narcotics Crimes: A Normative Legal Study Diana Alfianti; M. Arief Amrullah; Fanny Tanuwijaya; Hari Utomo
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v21i2.917

This study focuses on the specialized rehabilitation of military personnel who have been convicted of narcotics crimes. Its aim was to comprehend the meaning, urgency, and concept of rehabilitating individuals within the military who have been found guilty of such crimes. To achieve this aim, the methodology used is normative legal study with statutory, contextual, case-based, and comparative approaches. Furthermore, the legal sources utilized consisted of both primary and secondary legislation. The results obtained from this study showed that rehabilitation for incarcerated military personnel involved in narcotic crimes corresponds to an endeavor aimed at providing exceptional rehabilitation specifically tailored to their circumstances. It is also important to note that the urgency of rehabilitation is closely related to the vested interest of the military in continuing the rehabilitation process, aligning with the initial recommendation. The state should, hence, give careful consideration to the implementation of specialized medical and social rehabilitation programs for military personnel who have been convicted of narcotic crimes. It is of utmost importance to establish a comprehensive framework within military agencies to facilitate the execution of medical and social rehabilitation measures for military members involved in narcotics offenses, including the necessary funding. In conclusion, the imposition of specialized rehabilitation measures, in conjunction with imprisonment, is essential for military personnel that are convicted of these crimes before their reintegration into society. This approach makes the state responsible for addressing the repercussions of their actions and providing tailored rehabilitation support to prevent any lingering resentment, minimize the risk of their recruitment by adversaries of the state, and enable their potential contributions if required in the future.

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Kholil Syu'aib

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Faculty of Sharia Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi Jl. Raya Jambi - Muara Bulian KM. 15 Simpang Sungai Duren 36361. Telepon: (0741) 582632, 583377

Location
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Jambi

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Kholil Syu'aib

Contact Email kholil_syuaib@uinjambi.ac.id

Phone +628127682779

Journal Mail Official alrisalah@uinjambi.ac.id

Editorial Address Faculty of Sharia Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi Jl. Raya Jambi - Muara Bulian KM. 15 Simpang Sungai Duren 36361. Telepon: (0741) 582632, 583377

Location Kota jambi, Jambi INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Kholil Syu'aib

Contact Email
kholil_syuaib@uinjambi.ac.id

Phone
+628127682779

Journal Mail Official
alrisalah@uinjambi.ac.id

Editorial Address
Faculty of Sharia Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi Jl. Raya Jambi - Muara Bulian KM. 15 Simpang Sungai Duren 36361. Telepon: (0741) 582632, 583377

Location
Kota jambi,

Jambi

INDONESIA