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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 23 No 1 (2023): June 2023" : 10 Documents clear
The Impact of the Hamlet Land Pawn Agreement on the Economic Level of Indigenous Peoples in Negeri Piliana, Maluku Tengah Regency Jenny K. Matuankotta; Mahrita Aprilya Lakburlawal; Pieter Radjawane; Safrin Salam; Kayode Muhammed Ibrahim
Al-Risalah Vol 23 No 1 (2023): June 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i1.1262

Abstract

This study aims to identify and analyze the hamlet land pawn agreement practice and its impact on the economic level of indigenous peoples in Negeri Piliana, Central Maluku Regency. The method used is sociological juridical research which emphasizes research aimed at obtaining legal knowledge empirically by going directly to the object. The chosen research location was Negeri Piliana, Tehoru District, Central Maluku Regency. The research was conducted using primary and secondary data. The sample selection method used a purposive sampling method. The results of this study indicate that the pawn sales transaction practice in Negeri Piliana, Tehoru District, Central Maluku Regency, has a different concept from the concept according to customary law in general. The pawn sales practice, in this case, is an agreement to give a hamlet (land that has been planted with certain long-lived crops such as coconut, cloves, nutmeg or cocoa) to obtain an amount of money with a mutually agreed repayment period as long as the pawn giver can cover the amount owed along with interest. So that if it is not agreed upon, it can cause the pawn giver as the owner to lose access to the pawned object for an unlimited time, which can impact the economic level of the surrounding community.
The Importance of the Ijtihad Jama'i Method in Contemporary Fiqh Formulations Pauzi M.; Darul Hipni; Anwar M. Radiamoda
Al-Risalah Vol 23 No 1 (2023): June 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i1.1322

Abstract

The rapid advancement of science, information technology, computers, and the internet has brought about significant changes that have greatly benefited human life. However, along with these advancements, new legal issues have emerged, particularly in the field of muamalah, specifically electronic commerce involving computer and internet technologies. This research explored the importance of collective (jama'i) ijtihad methods in the modern era. A normative legal approach was applied to ascertain the new legal arguments regarding the formulation of contemporary fiqh through the ijtihad jama’i method. This method plays a crucial role in shaping Islamic law to effectively address these emerging problems by involving experts in Islamic law, economics, information and communication technology, and other relevant fields. The results showed that ijtihad jama’i are more robust, closer to the truth, and help avoid conflicts than individual ijtihad.
Legal Policy of Halal Products for the Development of Small and Micro Enterprises after the Enactment of Government Regulation in Lieu of Law No. 2 of 2022 on the Job Creation Fatkhul Muin; Palmawati Tahir
Al-Risalah Vol 23 No 1 (2023): June 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i1.1323

Abstract

This study aims to examine the legal policy on halal products for micro, small, and medium enterprises (MSMEs) after the enactment of Government Regulations in lieu of Law No. 2 of 2022 concerning Job Creation. To meet the demand for halal products, government policy is needed to simplify the halal product submission system while maintaining its production by MSMEs in Indonesia. Based on data from the Indonesian Statistics Agency, Indonesia is a Muslim country with 237.53 million Muslims, accounting for 86.9% of the total population. This indicates a significant need for halal products. MSMEs are one of the sources of halal products; hence, the government needs to enact laws that facilitate their production procedures. Objectively, the requirement to have halal certification, as mentioned in Article 4A of Government Regulation in Lieu of Law No. 2 of 2022 concerning Job Creation, is based on halal declarations from MSME actors. These actors make halal declarations based on the guidelines set by the Halal Product Guarantee Agency (BPJPH). The ratification of this regulation aims to strengthen MSMEs and support the increase in halal products. Therefore, a legal approach based on primary legal materials related to legislation and secondary legal materials based on documents that support this study was adopted. In addition, data from the Ministry of Cooperation, Micro, Small, and Medium Enterprises reveal that there are 8.71 million MSMEs in Indonesia. This potential needs to be facilitated by policies to simplify the production of halal products with a measurable process based on statutory provisions.
Restorative Justice for Settlement of Minor Maltreatment in the Legal Area of the Merangin Police, Jambi Province Ruslan Abdul Gani; Retno Kusuma Wardani
Al-Risalah Vol 23 No 1 (2023): June 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i1.1333

Abstract

The aim of this research is to analyze the implementation of restorative justice in resolving minor cases of maltreatment. By emphasizing the utilization of restorative justice, the resolution of these cases occurs outside the courtroom, focusing on restoring the well-being of the victim and facilitating mutual forgiveness between the victim and the perpetrator. The implementation of restorative justice in this context is guided by the Republic of Indonesia National Police Regulation Number 8 of 2021. To conduct this research, empirical juridical methods were employed, and field data collection techniques were utilized, including primary data gathered through interviews with the Head of Bareskrim and the parties involved. Additionally, secondary data in the form of documentation, annual reports, and relevant research journals were collected. The results showed that the settlement of minor crimes in restorative justice had been carried out by the applicable Police Chief Regulations. Second, the obstacles encountered during the settlement process did not hinder investigators from successfully implementing restorative justice within the jurisdiction of the Merangin Police.
Unleashing Indonesia's Traditional Knowledge: Navigating Legal Challenges in a Changing Landscape Hari Sutra Disemadi; Lu Sudirman
Al-Risalah Vol 23 No 1 (2023): June 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i1.1334

Abstract

As a country blessed with abundant cultural elements, Indonesia holds the potential to harness traditional knowledge for the betterment of its people's lives. Unfortunately, this concept is often forgotten within Indonesian society and faces various challenges that jeopardize cultural heritage. Hence, the objective of this study is to analyze the significance of traditional knowledge and the legal hurdles that arise in regulating this concept within Indonesia's intellectual property rights framework. The findings of this normative legal research demonstrate that traditional knowledge holds great importance for Indonesian society, particularly amidst the accelerating impacts of globalization, which pose a threat to cultural heritage. Taking a legislative approach, there is an urgent need for a normative framework to protect traditional knowledge as a communal intellectual asset in order to realize the implicit recognition reflected in the constitution, the 1945 Constitution.
The Solving Indonesian Intellectual Property Rights Transfer Issue Ampuan Situmeang; Ninne Zahara Silviani; David Tan
Al-Risalah Vol 23 No 1 (2023): June 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i1.1341

Abstract

The aim of this research was to analyze legal problems that are hindering the process of intellectual property rights (IPR) transfer within the Indonesian legal system. This objective was achieved by employing the normative legal research method with a statutory approach while, utilizing secondary data. Accordingly, the secondary data used consisted of primary legal sources, including Law No. 30 of 2000 on Trade Secrets, Law No. 20 of 2016 on Trademarks and Geographical Indications, Law No. 28 of 2014 on Copyrights, Law No. 13 of 2016 on Patents, as well as relevant judicial decisions made within the Indonesian legal system, which enhanced the analysis. This research showed the problems that exist within the Indonesian legal system regarding the transfer of IPR and identified the contributing factors. Furthermore, from the analysis conducted, it was found that the Indonesian IPR legal framework is too complex and lacks harmony, specifically when it comes to the mechanisms involved in IPR transfer and the bureaucratic efficiency associated with these processes. This research serves the purpose of providing comprehensive literature for the development of better intellectual property laws, which are continuously being refined by the Indonesian government to protect and foster creativity in the economy of the country, thereby making it a more attractive prospect for capital. Unlike previous studies, this research placed significant emphasis on legal problems specifically hindering the process of IPR transfer and examined their impacts on actual IPR cases within the Indonesian legal system.
Sharia Banking Disputes Settlement: Analysis of Religious Court Decisions in Indonesia Nur Hidayah; Abdul Azis; Tira Mutiara; Diah Larasati
Al-Risalah Vol 23 No 1 (2023): June 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i1.1347

Abstract

This study aims to analyze Sharia banking dispute settlements in Religious Courts regarding Sharia compliance and state regulations. The data is collected from the Supreme Court of the Republic of Indonesia website on Profit Sharing (PLS) financing, musyarakah, and non-profit Sharing (non-PLS) financing, murabahah. It is legal empirical research with a comparative approach. The results of this study indicate that Sharia banking disputes occur partly because there are still legal loopholes due to the general nature of the existing rules leading to multiple interpretations. The disputes are contributed mainly by default and unlawful acts. There are differences in the judge's decisions in the two case studies related to the fulfillment of legal principles in the form of benefits, justice, and legal certainty in the decisions made. Regarding the suitability of the contract, in the murabahah case, the pillars and conditions have been fulfilled, but there are other things that damage the contract. There has been an urgent need to strengthen regulations related to more detailed financing contracts. The regulators should promote an Islamic banking regulatory framework that guarantees legal certainty for both parties, the customers and Islamic financial institutions, as well as provide a stronger legal basis for dispute settlements.
Unveiling the Role of Local Cultural Considerations in Judicial Discretion: An Analysis of Inheritance Decisions in the Religious Courts of South Kalimantan Yusna Zaidah; A. Fahmi Al-Amruzi; A. Sukris Sarmadi
Al-Risalah Vol 23 No 1 (2023): June 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i1.1351

Abstract

In Religious Courts, numerous cases within the sphere of absolute authority are not exclusively fortified by material legal sources through legislation. The ingenuity of judges becomes indispensable in extracting the essence of the law from various sources, including the rich tapestry of local cultural customs inherent within the community. The concept also leads to the emergence of cases decided through the discretionary methods employed by judges. Therefore, this study aimed to discuss the local cultural forms that served as points of reference for judges when exercising their discretion in rendering verdicts on inheritance disputes within the Religious Courts of South Kalimantan. The existence of judicial discretion in the decision-making process was unravelled, particularly when legal considerations aligned with the mandates of the heirs, emanating from the local culture of the Banjar people residing in the region. Furthermore, the translation of the heir's mandate, resembling a testament, exemplified the exercise of unrestrained discretion by the judges. Local culture was viewed as an indispensable component of the living law that pervaded society, with its ability to adapt and engage with the ever-changing landscape.
The Ambiguity of Using the Statement of Absolute Responsibility Based on Minister of Home Affairs Regulation Number 109 of 2019: Study in Dharmasraya Regency, West Sumatra Province, Indonesia Nofialdi Nofialdi; Elimartati Elimartati; Syukri Iska; Deri Rizal; Firdaus Firdaus; Kasmidin Kasmidin; Hamdani Hamdani
Al-Risalah Vol 23 No 1 (2023): June 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i1.1358

Abstract

Marriages are required to be registered under the provisions of Law Number 1 of 1974, specifically Article 2. This registration plays a crucial role in establishing the legality of marriages and enables the utilization of different associated benefits. Meanwhile, unregistered marriages give rise to a range of legal issues, including uncertainties regarding lineage, concerns related to maintenance, and inheritance rights. In line with the Ministry of Home Affairs Regulation Number 109 of 2019 regarding Population Administration, couples involved have the option to obtain important documents such as the Population Identification Card (KTP), Birth Certificate, and Family Card (KK) by signing a Statement of Absolute Responsibility (SPTJM). This situation raises significant concerns regarding the legal implications of unregistered marriages. Therefore, this study aimed to employ an empirical legal approach with qualitative methods and obtained data through interviews, observations, and documentation. The data analysis used Miles and Huberman's method to uncover the meaning within Ministry of Home Affairs Regulation Number 109 of 2019 regarding Unregistered Marriages and unveiled the ambiguity in understanding the true meaning. Furthermore, a study conducted in Dharmasraya Regency in 2021 discovered the issuance of 69,144 Family Cards by the Directorate General of Population and Civil Registration, and 22,453 (32.47%) were unregistered marriages. Only 194 individuals applied for validation (isbat) within 3 years, where 101, 27, and 66 were accepted, rejected, and revoked, respectively. In conclusion, the community perceived their marriages to be legal due to the issuance of Ministry of Home Affairs Regulation Number 109 of 2019, even though the SPTJM did not legalize the concept or hold legal authority over the consequences.
Freedom of Speech Without a Direction: Criticism of the Promotion of Freedom of Speech in Indonesia Sayuti Sayuti; Ghina Nabilah Effendi; Illy Yanti
Al-Risalah Vol 23 No 1 (2023): June 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i1.1389

Abstract

The attempt to equate freedom of speech with other rights, such as freedom of expression or opinion, is misguided because these rights have distinct realms concerning their promotion and resolution of legal violations. In practice, this misconception persists in Indonesia, where there is no specific law dedicated to regulating freedom of speech. Therefore, this study explored the factors that lead to legal vacuum for freedom of speech and provided solutions to overcome this vacuum. This study also assessed the various legal frameworks and practices concerning the promotion of freedom of speech in Indonesia after the 1998 Reform Era using a normative juridical approach. The result showed that legal vacuum in promoting the right to freedom of speech attributed to the conflicting priorities of human rights and the ambiguity surrounding the understanding of freedom of expression. It is important to synchronize laws and regulations regarding the rights belonging to freedom of expression and strengthen the associated regulation that specifically contain definitions, limitations, and ways of resolving violations of the law. This process provided a detailed legal direction or umbrella for efforts to promote freedom of speech.

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