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Kholil Syu'aib
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INDONESIA
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 231 Documents
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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.
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

Abstract

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

Abstract

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

Abstract

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.
Consumer Behavior Model: Brand Equity Mediated by Halal Awareness and Religiosity of Herbal Products Islamic Law Perspective Rafiqi; Fitri Widiastuti; Paulina Lubis; Darwisyah
Al-Risalah Vol 24 No 1 (2024): June 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i1.1324

Abstract

Islamic economic theory emerged due to the theory of demand for goods and services. The demand for goods and services arises as a result of the wants and needs of real consumers and potential consumers. Herbal products, when associated with the Covid 19 issue, are currently a global conversation, so sales of these herbal products have experienced a significant increase compared to previous years. the Covid 19 pandemic disaster occurred. Due to the development of this herbal product sales trend, the brand equity of good quality products can affect consumer buying interest. Halal Awareness in halal-certified herbal products is a major construct that can help improve product brand reputation in intensively promoting consumer purchase intention models for halal brands. Consumer trust and behavior to buy herbal products is the key to the company's success in getting loyal consumers. An interesting question in this study is that the variables of brand equity and consumer behavior can mediate the relationship between halal awareness and religiosity variables. The purpose of this study is to analyze the relationship between consumer behavior, brand equity and halal awareness and religiosity. The research design is descriptive quantitative with a sample survey method. The research respondents were the people of Jambi City with a total sample of 200 people, but the number of samples collected was 210 people. The analysis tool uses PLS. From the results of this study, it is known that there is a positive relationship between consumer behavior, brand equity and halal awareness as a mediating variable. The study also shows that there is a positive relationship between consumer behavior and brand equity and there is a direct and significant positive relationship with brand equity. It is hoped that the results of this study will contribute empirically to thoughts related to consumer behavior, halal awareness, religiosity to brand equity.

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