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Kholil Syu'aib
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Legal Protection for the Partnership Agreement Parties
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
 1 
Search results for , issue "Vol 22 No 2 (2022): December 2022" : 10 Documents clear
Customary Settlement of Certain Criminal Cases in the Indigenous Community of Kenegerian Benai, Kuantan Singingi Erdianto Effendi; Setia Putra
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1242

Abstract

This study analyzed the resolution of specific criminal cases within the indigenous peoples of Kuantan Singingi, Riau. The shift in customary laws towards a modern legal system has caused various problems, including accumulating case files and overcapacity in prisons. This occurred because the community has also lost its grip on solving problems with the existing customary laws. Therefore, this study involved interviews with chairpersons, secondary leaders, customs on conflict resolution among indigenous peoples, and the use of primary data. The results highlighted that the customary settlement of criminal cases can sufficiently resolve conflicts in the community. Furthermore, it overcame the accumulation of case files in the courts and overcapacity in penitentiary institutions.
The Contribution of ‘Urf to the Reform of Islamic Inheritance Law in Indonesia Ismail Ismail; Busyro Busyro; Nofiardi Nofiardi; Fajrul Wadi; Hanif Aidhil Alwana
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1243

Abstract

This library research explains the position of ‘urf as the basis for reforming Islamic law and its contribution to the renewal of inheritance law in Indonesia, using the content analysis method. The result showed that ‘urf is of higher importance in the renewal of Islamic law and plays a very important role in reforming the inheritance law in Indonesia. Several KHI book II provisions were based on ‘urf, including the inheritance of adopted children and adoptive parents, żawul arḥām, radd, walad, joint property, and substitute heirs. Among the several forms of ‘urf that have been recognized as Islamic law, ‘urf of joint property comes from the rich culture and traditions of native Indonesia. Therefore, it has made a valuable contribution to the renewal of Islamic law in Indonesia.
Judges Considerations in Canceling Polygamous Marriages in Religious Courts Yuliatin Yuliatin
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1244

Abstract

Polygamy is allowed in Indonesia, providing the act is justified by religion and the rules of marriage law. A husband who wants to have more than one wife must fulfil various requirements of the Court. Based on the principle of “audi alteram partem,” the Supreme Court panel assesses the consideration of the Jambi Provincial Religious High Court against the answers, evidence, and witnesses presented by the defendant. This is to ensure the right decision is made, though the case was submitted late and no trial was filed. This research found that the Supreme Court deems a polygamy permit compulsory and aims to protect the welfare of the parties bound in the marriage. The word “can” in The Compilation of Islamic Law (KHI) article 71A showed that a marriage annulled due to polygamy without court permission is tentative or facultative. This indicated an annulment application must be submitted to the Court and the final decision is dependent on the assessment of the benefit of the wife and/or children. The legal consequence, based on the decision of the Religious Court to accept the marriage itsbat and the refusal to cancel the marriage bond, is that the children of the second wife will receive inheritance rights from the father, including property obtained with the first wife.
Restorative Justice as an Effort to Resolve Excise Crimes Against Cigarettes Rinaldy Amrullah; Diah Gustiniati; Tri Andrisman
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1249

Abstract

Many crime cases in Indonesian society are settled in courts, resulting in a buildup that can hinder the justice system. Meanwhile, none of the cases concerning excisable goods or cigarettes in the Free Trade Zone, which are handled by Customs and Excise in several areas, have reached the judicial process. This problem can be resolved using the restorative justice mechanism, which prioritizes the concepts of peace, mediation and reconciliation, where perpetrators, victims, law enforcement officials, and the community participate directly in the settlement of criminal cases. Therefore, the formulation of the problem in this research involved the legal position of restorative justice and its application in excise crimes. Normative juridical legal methods, supported by empirical juridical data, were used in this research. The results showed that customs and excise violations can be resolved using restorative justice without the need for a court process.
Optimizing the Role of Body-Bathers as a Priority for Zakat al-Fitr Recipients in Sikilang, Sungai Aur Pasaman Barat Dedisyah Putra; Jannus Tambunan
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1252

Abstract

This research analyzes the practice of bathing corpse carried out in Sikilang Village, Sungai Aur Kuning Pasaman Barat District, which is in accordance with zakat al-fitr. This is a phenomenological and qualitative research with data collected through observation and in-depth interviews to determine the distribution of zakat al-fitr in accordance with maqashid. The results showed that body-bathers in Sikilang village do not have a fixed wage, hence many people are reluctant to pursue this profession. Furthermore, the review of maqasid shari'ah that customs can be used as an instrument in establishing law with terms and conditions set by the scholars. In conclusion, the habit of the people prioritizing body-bathers as the recipient of zakat al-fitr is contrary to al-nushus al-shari'ah.
Review of Maqāsid al-Syarī'ah Concerning the Fulfillment of Child Rights Post-Divorce in Budi Aji Village, Simpang Pematang District, Mesuji Regency Rahmat Hidayat; Jayusman Jayusman; Efrinaldi Efrinaldi; Rita Sari
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1254

Abstract

Divorces is often lead to multiple violations of children's rights due to parental conflicts. Therefore, this research reviewed maqāsid al-syarī'ah on the fulfillment of children's rights after divorce in Budi Aji Village, Simpang Pematang District, Mesuji Regency. It was field research and employed a descriptive qualitative method. Data were gathered by observation, in-depth interviews, and documentation, and accompanied by inductive analysis. Subsequently, this research found that the fulfillment of children's rights following parental divorce in the village has been sub-optimal. The majority of fathers are unemployed and unable to fulfill their obligations of providing a living, attention, and affection for children. The contributing factor is the fathers’ irresponsibility, which impedes the achievement of maintenance benefits to the children’s life (hifz an-nafs). These findings may have implications for the need to increase the understanding of divorced parents regarding the fulfillment of children's rights and the importance of the role of the extended family in ensuring offspring are not neglected.
Reconstruction of Supervision in Online Trial as Evaluated Review During the Covid-19 Pandemic Joko Sriwidodo
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1268

Abstract

The various problems encountered during online trials highlight an impaired supervision mechanism. This research is part of a need for a reconstruction in the supervision of online trials in Indonesia. Therefore, the formulation of the problem is: What are the problems that arise in online trials during the Covid-19 pandemic? How can the reconstruction of supervision in these trials be carried out? Furthermore, a descriptive, normative method was applied alongside a qualitative, statute approach. The results showed that problems related to the supervision of online trials include the absence of clear legal rules and procedures that have not been regulated in Indonesia Law. It is necessary to supervise judges during these trials, and this supervision has not involved the Indonesian judicial system, specifically the Judicial Commission or KY. Therefore, there is a need for reconstruction in supervision through the Revision of the Criminal Procedure Code (KUHAP), the Establishment of Special Regulations Related to the Online Trial Law, and the Formation of a Special Team for Online Trial Supervisors.
The Problem of Non-Communicable Disease Service Policy During Covid -19 in Indonesia and Malaysia Budiarsih Budiarsih; Yovita Arie Mangesti; Muhammad Chaidar; Anisah Che Ngah
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1270

Abstract

This research aims to highlight the problem of NCD during the Covid -19 pandemic. In both Indonesia and Malaysia, NCDs are the number one killer that has caused tremendous stress on the healthcare system. Policies that focused on Covid only at that time created new problems for NCD. Restrictions on coming to the hospital made NCD patients not helped or try to treat themselves, this certainly had a negative and positive impact on NCD patients during Covid 19 in Indonesia and Malaysia. The research method used in this study is a socio-legal approach by examining various primary and secondary sources in the form of comparative studies with sources of legislation, books, journals, and online sources as well as interviews conducted at random among NCD patients to measure their response during the pandemic. Covid -19. The findings show that policies and management in Indonesia and Malaysia for NCD patients during COVID -19 have a negative and positive impact. Learning from the pandemic, both countries need to make regulations or laws during a pandemic or epidemic emergency so that people are protected.
Analysis of Innovation Culture and Sound Governance in Mandiri VOE Program in Sibolahotang Village, Indonesia Debora S. Panjaitan; Aldri Frinaldi
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1277

Abstract

This study aims to analyze the innovation culture of Village-Owned Enterprises (VOE) and the application of the sound governance dimension in developing programs for community welfare at Sibolahotang Sibulele Aritonang Sitampulak (SAS) Village. This was carried out using a qualitative descriptive method and the data were obtained through observation, interviews, and recording. Furthermore, the interview transcription data obtained from the field were analyzed using Manual Data Analysis Procedure (MDAP). The results showed the VOE innovation culture in Sibolahotang SAS Village has not been effective due to four challenges, namely weak Human Resources, the underdeveloped potential of the existing village assets, low financial resources, and the absence of cooperation with the private sector. The completion stage of these challenges entails conducting knowledge development training for Human Resources in savings and loan financial reporting for the Mandiri VOE program as well as collaborating with the private sector. Therefore, the village government is expected to provide facilities and infrastructure that can enhance the management of Mandiri VOE in order to run effectively and efficiently.
Joint Property after Divorce in the Polygamous Marriage: Comparative Research in Indonesia and Malaysia
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1289

Abstract

This research analyzes the concept and law formulation of the joint property after divorce in an Indonesian and Malaysian polygamous marriage. The problem that often arises is when the first, second, third, and fourth wives live under the support of the husband. However, issues with dividing up the joint property are likely to arise when one of the women decides to get a divorce. This research uses a normative juridical approach to achieve the research aims by collecting secondary, primary, and tertiary legal materials. The concept of marriage in Indonesia is regulated based on article 35, paragraph 1, Indonesia Law Number 16 of 1974, marriage law number 16 of 2019, and instruction of President number 1 of 1991. In Malaysia, this concept is regulated based on the Islamic Family Law Enactment, section 122:2, and the Fatwa authority of the National Council for Malaysian Islamic Religious Affairs (MKI). Furthermore, the regulation of joint property in Indonesia is regulated in article 94 of the Islamic Law Compilation and Malaysia in MKI 2003, section 122:2. In these regulations, the two countries have similarities in regulating joint property after divorce, as sourced from Al-Qur’an and Hadith. However, some deficiencies should be corrected to reinforce and explain legal certainty.

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