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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 219 Documents
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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.
Pergeseran Sistem Perkawinan dan Perceraian Pada Suku Anak Dalam Rahmi Hidayati
Al-Risalah Vol 16 No 01 (2016): June 2016
Publisher : Faculty of Sharia, Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v16i01.1354

Abstract

Suku Anak Dalam merupakan salah satu suku terasing yang terdapat di Propinsi Jambi, dan meng-gantungkan hidupnya dengan sumber daya alam di hutan. Mereka mengaku beragama Islam dan mengenal perkawinan, perceraian dan poligami. Pemerintah, melalui kepala BKM dan KSPM Propinsi Jambi, telah berupaya memberikan perhatian kepada Suku Anak Dalam untuk berbagai bidang, termasuk bidang Hukum Keluarga Islam. Berdasarkan hasil penelitian, bahwa telah terjadi perubahan sosial pada Suku Anak Dalam pada bidang hukum keluarga Islam, terutama dalam masalah perkawinan dan perceraian, baik sebelum maupun setelah masuk Islam. Jadi, secara yuridis formal, masyarakat Suku Anak Dalam telah menerapkan hukum Islam (khususnya hukum keluarga) dalam kehidupan mereka.
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.

Page 21 of 22 | Total Record : 219

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