Al-Risalah Jurnal Ilmu Syariah dan Hukum
Journal Title : Al-Risalah Jurnal Ilmu Syariah dan Hukum Initials : Al-Risalah Frequency : - Online ISSN : 2550-0309 Print ISSN : 2252-8334 Editor in Chief : Prof. Dr. Muammar Bakry, Lc., M.Ag. Managing Editor : Dr. Abdul Syatar DOI : doi.org/10.24252/ Publisher : Universitas Islam Negeri Alauddin Makassar Acceptance Rate : - Al-Risalah: Jurnal Ilmu Syariah dan Hukum. Welcome to the official website of the Al-Risalah which is a reference source for academics and practitioners in the field of law. Al-Risalah is a peer-reviewed journal that publishes scientific articles from the scientific disciplines of Islamic Law and Law in general. Published articles include the results of original scientific research and studies of legal interactions. Al-Risalah is published by the Faculty of Sharia and Law, Alauddin State Islamic University, Makassar. Al-Risalah accepts manuscripts or articles in the field of Islamic Law and Law from various academics and researchers, both national and international. The articles published in the journal al treatise are articles that have been reviewed by Bestari Partners or peer-reviewers. The decision of whether or not a scientific article is accepted in this journal is the right of the Editorial Board based on the recommendation of Bestari Partners. Al-Risalah is published twice a year (May and November). Article submissions must follow the Author Guidelines for Writing Guidelines. The journal has been accredited by Akreditasi Jurnal Nasional (ARJUNA) officially Managed by Ministry of Research, Technology, and Higher Education, Republic Indonesia SINTA 4 grade since 2019 to 2023 according to Surat Keputusan Menteri Riset dan Teknologi Nomor 164/E/KPT/2021. ISSN: 2252-8334 / e-ISSN: 2550-0309
Universitas Islam Negeri Alauddin Makassar
Standardization and Diffusion of Shariah Principles in Hospitality
This study investigates the operational frameworks, regulatory challenges, and economic impacts of Shariah-Compliant Hotels (SCHs) in Malaysia, aiming to evaluate their role in advancing Islamic tourism and strengthening Malaysia’s position as a global leader in halal hospitality. Employing a mixed-method approach, the research integrates qualitative narrative analysis with quantitative data, including semi-structured interviews with 12 managers from MFAR-recognized hotels and a review of secondary sources such as government reports and certification guidelines. The Diffusion of Innovation (DOI) framework is used to assess how SCHs adopt and implement Islamic hospitality standards. The findings reveal that Malaysian SCHs successfully embed Islamic values in service delivery, offering halal-certified food, gender-segregated facilities, prayer spaces, and Shariah-aligned amenities. However, challenges remain—particularly fragmented certification systems between JAKIM and the Islamic Tourism Centre, lack of staff training, and unclear compliance standards. Despite these barriers, the sector contributes significantly to tourism growth, as evidenced by 5.33 million Muslim tourist arrivals in 2019, and attracts foreign direct investment, especially from Gulf Cooperation Council (GCC) countries. This study offers a more holistic understanding of SCHs by bridging theoretical perspectives and empirical findings. It recommends improved standardization, cross-agency coordination, and policy innovation to sustain Malaysia’s leadership in halal tourism and expand into areas such as Islamic fintech, halal medical tourism, and value-driven investment models.
Copyright (c) 2025 Ahmad Nabil Amir, Tasnim Abdul Rahman https://creativecommons.org/licenses/by/4.0
The Application of Freeze Clauses in Esports Contracts Based on Balances Principle
The rapid growth of the esports industry in Indonesia has led to increasingly structured employment contracts between players and teams. Among the most contentious provisions is the freeze clause, which grants teams the authority to suspend players' professional activities without clear justification, time limits, or compensation. This study aims to examine the legality of such clauses within the framework of Indonesian contract law, focusing on the principle of balance and the protection of parties in unequal bargaining positions. Employing a normative juridical methodology, this research uses statutory analysis and case-based interpretation to evaluate the enforceability of freeze clauses. The findings reveal that when applied unilaterally, freeze clauses violate the principle of good faith and may constitute misbruik van omstandigheden (abuse of circumstances). Such clauses not only disrupt the professional careers of esports players but also undermine the foundational values of fairness and reciprocity in contract law. The originality of this research lies in its legal scrutiny of esports contract practices, a relatively underexplored area in Indonesian legal scholarship. The study highlights the urgent need for contract reforms and the development of protective legal standards within the esports industry. It also offers practical pathways for dispute resolution—through mediation, arbitration, or litigation—providing strategic guidance for players seeking justice.
Copyright (c) 2025 Fahrian Herlianto, Ridha Wahyuni https://creativecommons.org/licenses/by/4.0
Islamic Legal Perspectives on Rewarding Worship (Īṣāl al-Thawāb) to the Deceased
This study examines the contrasting legal perspectives of Muhammadiyah and Nahdlatul Ulama (NU) on the practice of bestowing the rewards of worship (īṣāl al-thawāb) to the deceased—an enduring and widespread tradition among many Indonesian Muslims. The purpose of this research is to explore the theological and methodological foundations underlying each organization's stance and to identify the broader implications of these differing views for Islamic legal discourse in Indonesia. Employing a qualitative, comparative approach, the study utilizes literature-based analysis and in-depth interviews to investigate fatwas issued by Muhammadiyah’s Tarjih Council and NU’s Bahtsul Masail. The findings reveal a sharp divergence: Muhammadiyah rejects the practice, considering it unsupported by scriptural evidence and classifying it as bid‘ah (religious innovation), while NU legitimizes the practice based on ijmaʿ (consensus), qiyās (analogy), and long-standing tradition, especially in communal rituals like tahlilan. The originality of this research lies in its focused comparison of the legal reasoning (istinbāṭ al-ḥukm) used by Indonesia’s two largest Islamic organizations, which reflects deeper epistemological tensions between scripturalist and traditionalist orientations in contemporary Islamic jurisprudence. The study has broader implications for understanding how Islamic authority is negotiated in pluralistic societies and how divergent methodologies shape religious practices at the grassroots level. These findings contribute to ongoing discussions on the role of legal pluralism, tradition, and reform in shaping Indonesian Islamic identity.
Copyright (c) 2025 Khairul Hamdi. R, George Soros Setiawan Day, Fathan Fadhlullah, Abdul Hayyaqdhan Ashufah https://creativecommons.org/licenses/by/4.0
Integrating Maqāṣid al-Sharī‘ah into the Legal Framework of Child Adoption in Indonesia
This study aims to analyze the alignment of child adoption regulations in the Child Protection Law and its implementing regulations with the principles of maqāṣid al-sharī‘ah, particularly in relation to ḥifẓ al-nafs (protection of life) and ḥifẓ al-naṣl (protection of lineage). The widespread practice of informal child adoption without court authorization—especially in rural areas—raises legal concerns regarding lineage, identity, and the rights of child protection from both positive legal and Islamic perspectives. This research employs a normative-juridical method with a statutory and Islamic jurisprudence approach, supported by secondary data obtained from a field study in Beji Village, Banyumas. The analysis uses al-Ghazālī’s maqāṣid al-sharī‘ah framework to assess the compatibility between existing regulations and Islamic values on child protection. The findings indicate that the national legal framework essentially accommodates the principles of safeguarding life and lineage; however, there remain implementation gaps due to limited legal literacy, the influence of local traditions, and economic factors. The study’s original contribution lies in its proposal of a “structured kafālah” model as an integrative approach combining positive law and Islamic law, along with a recommendation for Islamic-based legal training for village officials and communities. The implication is that strengthening regulations and education that integrate maqāṣid al-sharī‘ah into adoption practices is crucial to ensure lawful, just, and contextually relevant child protection in accordance with both legal and religious values.
Copyright (c) 2025 Muhammad Alifza, Muhammad Amin Nasution https://creativecommons.org/licenses/by/4.0
The Limitation of KPK’s Authority over BUMN Officials
This study explores the legal and institutional consequences of limiting the authority of the Corruption Eradication Commission (KPK) in prosecuting corruption cases involving State-Owned Enterprises (BUMN), particularly after the enactment of Law No. 1 of 2025 and Law No. 19 of 2019. Using a normative juridical method that incorporates statutory analysis, conceptual frameworks, and relevant case studies, the research highlights a significant shift in the legal status of BUMN directors and commissioners. By no longer recognizing them as state administrators, the law effectively reduces the KPK's oversight capabilities and creates a potential legal vacuum. This shift poses a risk of enabling undetected corruption in strategic sectors of the economy and undermines public confidence in anti-corruption institutions. To bridge legal interpretation and institutional practice, this study draws from the theory of authority and institutional effectiveness. It emphasizes the need for clearer legal definitions and coherence in regulatory design. As a policy recommendation, the study calls for the revision of existing laws to restore the KPK’s functional oversight over BUMN officials and proposes a renewed interpretation of “state administrator” to align with anti-corruption objectives.
Copyright (c) 2025 Bayu Tri Pamungkas, Zurria Sakinah https://creativecommons.org/licenses/by/4.0
Criminal Liability of Passive Perpetrators in Money Laundering Crimes Involving the Families of State Officials
This research examines the criminal liability of passive perpetrators in money laundering cases, with a specific focus on the family of Syahrul Yasin Limpo (SYL), a former Indonesian Minister implicated in a high-profile corruption case. The primary purpose of this study is to explore whether individuals who indirectly benefit from illicit assets, without directly engaging in concealment, can be held criminally accountable under Indonesian anti-money laundering laws. Employing a normative legal research method, the study adopts both a statutory approach—analyzing Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering—and a case approach through the judicial findings and evidence presented in SYL’s corruption trial. The results indicate strong grounds to suspect SYL’s family members as passive perpetrators, as they knowingly enjoyed the benefits of unlawful wealth through luxury lifestyles, property maintenance, and asset acquisition, without questioning the origin of the funds. These actions fulfill the elements required under Article 5, Paragraph (1) of the Money Laundering Law and suggest potential criminal liability. The originality of this research lies in its focus on passive actors—typically overlooked in legal practice—highlighting the legal and moral responsibility of beneficiaries in money laundering schemes. The findings imply a need for more comprehensive law enforcement strategies that include not only active perpetrators but also passive participants, in order to uphold the rule of law and combat impunity in corruption-related crimes.
Copyright (c) 2025 Agnes Cynthia, Kayus Kayowuan L https://creativecommons.org/licenses/by/4.0
The advancement of reproductive technologies offers new opportunities for women in planning pregnancy, one of which is egg freezing. Originally developed for medical purposes—particularly for women undergoing chemotherapy—egg freezing has since been adopted for non-medical reasons such as career planning or the absence of a suitable partner. This shift has sparked ethical, legal, and religious debates, especially within Muslim communities that adhere to sharī‘ah-based principles. This study aims to explore the permissibility and implications of egg freezing in Islamic law and to assess its compatibility with the concept of the maṣlaḥah family. Employing a qualitative methodology with a library research approach, this research draws on primary sources (Qur’an, ḥadīth, classical fiqh, and contemporary fatwas), as well as secondary and tertiary literature. The analysis is framed through the lens of maqāṣid al-sharī‘ah and the ethical foundations of the maṣlaḥah family. The findings indicate that egg freezing may be deemed permissible under Islamic law if specific conditions are met—particularly that fertilization occurs within a lawful marriage and safeguards are in place to prevent lineage confusion. When aligned with Islamic values, egg freezing can contribute to responsible reproductive planning and psychological preparedness, enhancing the realization of a maṣlaḥah family. However, concerns remain regarding commercialization, socio-economic inequality, and technological dependency. These challenges highlight the need for robust regulatory frameworks and value-based education to guide ethical application.
Copyright (c) 2025 Hazikahtus Shafiqoh, Linda Firdawaty, Edi Susilo https://creativecommons.org/licenses/by/4.0
Upholding the Best Interests of the Child Principle in Police Investigations of Child Sexual Violence Victims in Indonesia
Sexual violence against children is a serious crime with long-term effects, requiring legal proceedings that prioritize the interests of children as victims. This study aims to analyze the factors that hinder the realization of the principle of the best interests of the child in the investigation process and to formulate its ideal implementation. The method used is normative legal research with a legislative and case study approach, supplemented by empirical data through interviews with investigators from the South Jakarta Metro Police PPA Unit. The results of the study show that the main obstacles include a lack of understanding among investigators, limited support facilities, the absence of explicit technical SOPs, the influence of conservative culture, and low public legal awareness. This study offers novelty by filling the gap in research on the principle of the best interests of the child specifically for children who are victims of sexual violence, with a focus on the investigation process an aspect that has been more extensively discussed in the context of children as perpetrators or at the trial stage. The implications of this study emphasize the importance of harmonizing regulations, developing technical guidelines based on the protection of children and victims of sexual violence, and enhancing the capacity of law enforcement officials to ensure optimal protection
Copyright (c) 2025 Melian Sahara, Kayus Kayowuan Lewoleba https://creativecommons.org/licenses/by/4.0
This study investigates the principle of simple proof in Indonesian bankruptcy law, as stipulated in Article 8(4) of Law No. 37 of 2004, and its inconsistent application in judicial practice. The purpose of the research is to critically examine the disparity in court decisions regarding the interpretation of "simple proof" and to propose a more objective and balanced evidentiary standard. Employing a normative juridical methodology, the study integrates statutory, case-based, and conceptual approaches, focusing on the Central Jakarta Commercial Court Decision No. 23/Pdt.Sus-Pailit/2022 and its affirmation by the Supreme Court Decision No. 1714 K/Pdt.Sus-Pailit/2022. These rulings illustrate a substantive judicial interpretation that deviates from the formal criteria of simple proof, resulting in the dismissal of a bankruptcy petition despite the fulfillment of normative requirements. The findings reveal that the absence of clear parameters for simple proof has led to disparities in judicial decisions, undermining legal certainty and creditor protection. The originality of this study lies in its typological classification of disparity in Indonesian bankruptcy rulings and its formulation of a proposed evidentiary framework aimed at reducing judicial inconsistency. The research recommends issuing a Supreme Court Circular (SEMA) or revising the Bankruptcy Law to ensure consistent, equitable adjudication. These reforms are essential to upholding the principles of justice and balance in bankruptcy proceedings.
Copyright (c) 2025 Biyandra Timothee Abrielmovich, Iwan Erar Joesoef https://creativecommons.org/licenses/by/4.0
Comparative Legal Analysis of Hoax Dissemination by Minors on Social Media
Social media today functions not only as a communication tool but also as a platform for entertainment, education, and information dissemination. However, problems arise when false information (hoaxes) is spread—particularly when the perpetrators are minors. This study aims to analyse the differences in handling hoax dissemination by minors from the perspectives of criminal law and Islamic criminal law. Employing a normative juridical method with a comparative approach, the research draws on library-based data and case analysis. Four real-life cases of hoax dissemination via TikTok were examined, with identification of underage perpetrators based on user account content and behaviour. The findings reveal that, under national criminal law, the legal process prioritizes diversion as an initial step. If diversion fails, the case proceeds to court, where formal sanctions may be applied. In contrast, Islamic criminal law emphasizes returning the child to their parents, imposing ta’dībī (educational discipline) on the child, and ḍamān (compensatory liability) on the parents if the hoax involves defamation (qadhf). Key differences between the two systems include legal foundations, criminal responsibility, types of hoaxes, sanctions, and age thresholds. Nevertheless, both systems share a core principle: prioritizing rehabilitation and education over punitive measures. This study offers a novel comparative perspective and underscores the need for child-cantered legal frameworks in addressing the spread of hoaxes on social media.
Copyright (c) 2025 Mhd Anggi Hermawan, Ramadani https://creativecommons.org/licenses/by/4.0
Analysis of Patriarchal Culture in the Consistency of Siri Marriage Practices in Sumenep, Madura
This research examines the practice of nikah siri in Sumenep District, Madura, using patriarchy theory and legal feminism to analyze gender power relations and structural injustice. Siri marriage - a marriage that is legal in religion but not registered by the state - is influenced by religious, economic and male dominance in decision-making. This study reveals how patriarchal culture legitimizes men's control over the marriage process, resources and women's civil rights. Qualitative methods through case studies and in-depth interviews with 25 participants show that 92% of women in siri marriages do not own assets in their own names, while 78% of children face administrative barriers to accessing education. Key findings highlight the legal and economic vulnerabilities experienced by women and children, and the role of religious authorities in maintaining the status quo. This research contributes to the gender discourse by integrating a structural analysis of patriarchy and the legal implications of nikah siri, while offering policy recommendations based on women's empowerment and cross-sector collaboration. The multidimensional solutions proposed include legal education, marriage registration policy reform and cultural approaches to reduce gender inequality
Copyright (c) 2025 Muhammad Nafis, Insan Rofiqi https://creativecommons.org/licenses/by/4.0
Exploring Iḥtikār (Hoarding) and Fraud in Football Ticketing
This study investigates the growing phenomenon of ticket hoarding (Iḥtikār) and counterfeiting in Indonesian football matches, which causes significant harm to both consumers and event organizers. The purpose of this research is to analyse these practices from the perspectives of Islamic criminal law and Indonesian positive law, and to evaluate the legal sanctions applicable to such offenses. Employing a juridical-empirical method with a qualitative approach, data were collected through interviews, observation, and documentation, focusing on cases at Baharoeddin Siregar Stadium, Lubuk Pakam, North Sumatra. The findings reveal that ticket hoarding and forgery constitute jarīmah taʿzīr and iḥtikār in Islamic criminal law, due to elements of fraud, injustice, and public harm. Under Indonesian law, these acts violate provisions on trade monopolies and meet the criteria for fraud and forgery as defined in the Criminal Code (KUHP) and Law No. 7 of 2014. This research offers an original contribution by contextualizing Islamic criminal law in economic crime, highlighting the need for policy reform and stronger enforcement to combat illegal ticketing practices.
Copyright (c) 2025 Muhammad Faiz Abdullah, Ramadani https://creativecommons.org/licenses/by/4.0
Inheritance Law in Egypt, Sudan, and Jordan
Inheritance law in Islamic legal systems exhibits unique characteristics shaped by religious doctrine, state policies, and socio-cultural dynamics. This study conducts a comparative analysis of inheritance law in Egypt, Sudan, and Jordan, focusing on legal sources, regulatory implementation, and practical challenges. By employing a normative juridical approach with comparative legal analysis, this research systematically examines legislation, court rulings, and scholarly literature to highlight variations in the application of Islamic inheritance principles across these jurisdictions. The findings reveal that while all three countries base their inheritance systems on Islamic law, significant differences emerge due to political, social, and cultural influences. Egypt integrates Islamic inheritance law with national regulations, reflecting modernization efforts, whereas Sudan maintains a fiqh-based system strongly influenced by customary law. Jordan, meanwhile, codifies Islamic inheritance law within its legal framework, with the Sharia Court playing a central role in dispute resolution. The comparative approach of this study underscores the adaptability of Islamic inheritance law in different legal environments and highlights the need for harmonization between religious principles and contemporary legal reforms. The findings carry important implications for future legal reforms, suggesting that policymakers should consider contextual adaptations to enhance inclusivity and responsiveness to social changes. This study contributes to comparative legal scholarship by offering insights into the dynamic interplay between Islamic law and national legal systems, while proposing recommendations for progressive inheritance law reform in Muslim-majority countries.
Copyright (c) 2025 Muhammad Kandriana, I Wayan Sukardiawan, Muhammad Rifaid, Zainal Arifin, Muhammad Wildan, Zuhrah https://creativecommons.org/licenses/by/4.0
A Comparative Legal Analysis of Military Insubordination
Military criminal offenses represent violations of hierarchical discipline, a foundational principle of the military system. This research examines the legal analysis of insubordination committed by military personnel from the perspective of Islamic criminal law. The primary objective of this study is to evaluate how the legal system—both positive law and Islamic criminal law—assesses the crime of insubordination within the military context. This study employs a qualitative normative juridical methodology, using a statute and conceptual approach to examine relevant legal provisions, including military criminal codes and Islamic jurisprudential sources. The findings reveal that insubordination is classified under Article 106 of the Indonesian Military Criminal Code (KUHPM) as a serious offense involving disobedience or resistance toward a superior officer. From the perspective of Islamic criminal law, such conduct is closely associated with jarīmat al-baghyu (rebellion) and is punishable under the category of ta‘zīr, which allows for discretionary sanctions such as imprisonment, dismissal, or other corrective measures. This study offers original insight by bridging the gap between formal military legal systems and Islamic legal thought, emphasizing the role of moral and ethical values in reinforcing military discipline. The implications suggest the potential for integrating ta‘zīr-based principles into Indonesia’s military justice system to enhance internal discipline through a framework grounded in justice, piety, and legal authority.
Copyright (c) 2025 Dede Kurniawan, Ramadani https://creativecommons.org/licenses/by/4.0
Legal Protection for Singers as Performers in the Indonesian Music Industry
This study investigates the legal reasoning underlying Decision No. 92/Pdt.Sus-HKI/Hak Cipta/2024/PN Niaga Jkt.Pst, which held singer Agnez Mo liable for copyright infringement, and examines the legal remedies available to performers under Indonesian copyright law. The purpose of this research is to evaluate the appropriateness of the court's interpretation regarding the responsibilities of performers in commercial music use, especially in the context of royalty obligations. Employing a normative legal research method, this study utilizes a statute approach and a case approach, drawing from primary legal sources such as Law No. 28 of 2014 on Copyright and Government Regulation No. 56 of 2021, along with relevant judicial decisions and academic commentary. The findings reveal two key results: first, the court's ruling failed to adequately consider the legal position and neighboring rights of performers as protected under Indonesian copyright law; second, performers—such as Agnez Mo—retain access to legal remedies, including cassation and judicial review, to challenge such rulings. The originality of this study lies in its critical legal analysis of a high-profile case that exposes the misapplication of statutory provisions concerning copyright and related rights. The implications of this research are significant for the development of clearer regulatory frameworks and for strengthening legal protections for performers in Indonesia’s creative industries.
Copyright (c) 2025 Ahsan Ridho Faturahman, Ridha Wahyuni https://creativecommons.org/licenses/by/4.0
The The Wadī'ah and Murābaḥah Contracts in Islamic Banking
The mu’āmalah fiqhiyyah contracts that underlie Islamic bank products have transformed from their basic form. Problems arise when there are differences in treating the same form of transformation. The purpose of this study is to construct the transformation of wadī'ah and murābaḥah contracts in savings and financing products at Islamic banks, then analyze them from the perspective of Islamic law. This research is qualitative, with the main data sources being literature and interviews with Islamic banking practitioners. Literature in the form of books and the results of previous research regarding contracts in Islamic bank products. The interviews were conducted with some managers of Islamic commercial banks (BSI Jakarta) and Islamic people's financing banks (BPRS BAS Purwokerto). Data analysis was carried out by the triangulation method. Wadī’ah contracts in savings products and murābaḥah sales and purchase contracts in financing products at Islamic banks have essentially undergone the same transformation, which is both transformed into contracts with debt substance (qarḍ) where several procedural indicators corroborate this. However, it turns out that Islamic banks are different in responding to it. The transformation in the wadī’ah contract is recognized through the application of procedural provisions on the wadī’ah savings product, while the transformation in the murābaḥah contract is not recognized, which is indicated by the justification of the profit (murābaḥah) received by the bank. This research provides a new perspective on the study of the transformation of mu’āmalah contracts in Islamic bank products, which has so far been rarely carried out.
Copyright (c) 2025 Jamal Abdul Aziz, Ayu Kholifah https://creativecommons.org/licenses/by/4.0
Aggravated Sanctions in Cases of Sexual Violence Against Persons with Disabilities
The phenomenon of sexual violence against persons with disabilities reveals a pattern of double vulnerability that demands stronger legal protection. This study aims to analyze and compare the aggravating sanctions imposed on perpetrators of sexual violence against persons with disabilities in both positive criminal law and Islamic criminal law. Employing a normative juridical method with a comparative approach, the research focuses on Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS) and the principles of Islamic criminal law related to jarīmah ta‘zīr and maqāṣid al-sharī‘ah. The findings indicate that positive criminal law explicitly provides for a one-third sentence enhancement when the victim is a person with a disability. However, in practice, the application of this provision remains inconsistent due to limited awareness among law enforcement officials. In contrast, Islamic criminal law, while not specifying persons with disabilities, allows for aggravated sanctions based on moral considerations and the imperative to protect vulnerable groups. Both legal systems share a common orientation toward victim protection and the realization of substantive justice. The originality of this study lies in its cross-system analysis that integrates normative legal review with theological perspectives on vulnerability. The research implies a need for stronger synergy between legal frameworks and judicial practice, advocating for enhanced training, clearer implementation guidelines, and the incorporation of Islamic legal principles to reinforce protections for persons with disabilities. Such integration could lead to a more inclusive and just criminal justice system.
Copyright (c) 2025 Soni Askar Sinaga, Syaddan Dintara Lubis https://creativecommons.org/licenses/by/4.0
This study explores the issue of criminal responsibility for mercenaries, individuals who participate in armed conflicts for material gain, either through direct recruitment or as part of organized groups. The primary purpose of the research is to analyses how criminal liability for mercenary actions is conceptualized in both Islamic Criminal Law and International Criminal Law, given the complex legal challenges posed by their involvement in cross-border conflicts. The methodology employed is normative juridical with a comparative approach, analyzing relevant legal sources including the 1949 Geneva Convention Additional Protocols and primary Islamic legal texts. The study systematically compares how each legal system treats the criminal accountability of mercenaries based on their roles during conflict. The results reveal that under Islamic Criminal Law, mercenaries who engage in rebellion (bughāt) may be subject to capital punishment, as referenced in Qur’an Surah Al-Hujurat verse 9. In contrast, International Criminal Law treats mercenaries as individuals subject to the national laws of the country where the offense occurs (locus delicti), with limited recognition of mercenaries as combatants. The originality of this study lies in its comparative framing, bridging two distinct legal traditions that are rarely analyzed together in the context of modern warfare. The implications underscore the need for a more coherent and adaptive policy framework to address the transnational nature of mercenary activity and ensure equitable legal accountability across jurisdictions.
Copyright (c) 2025 Febi Febonecci S. Brahmana, Ramadani https://creativecommons.org/licenses/by/4.0
This research aims to analyze the differences in provisions regarding criminal responsibility for individuals with mental disorders as outlined in the Old Indonesian Penal Code (KUHP 1946) and the New Indonesian Penal Code (KUHP 2023), as well as their implications for criminal justice practices. The purpose of the study is to evaluate how each legal framework addresses the accountability of mentally disordered offenders and to assess the legal system’s orientation toward justice and rehabilitation. The methodology employed is normative juridical, incorporating conceptual and statutory approaches. The analysis is based on primary legal materials—namely, the old and new KUHP—as well as secondary sources such as scholarly literature and legal commentaries. The results indicate that the old KUHP provided minimal regulation on offenders with mental illness, often leading to ambiguity in legal processes. In contrast, the new KUHP introduces more comprehensive provisions, explicitly stating that individuals with severe mental disorders are exempt from criminal punishment but may be subjected to medical or rehabilitative measures. The originality of this study lies in its focused comparison between two codifications within the same national legal tradition, highlighting legal evolution over time. The implications emphasize the importance of psychiatric evaluation in ensuring substantive justice and reflect a shift toward a more humane, restorative, and socially protective criminal justice system.
Copyright (c) 2025 Alwy Shihab Hidayah https://creativecommons.org/licenses/by/4.0
Women’s Political Participation in Islamic Law
Women's involvement in politics at the national and local levels is an important aspect of democratic state administration. However, there is still a narrative that suggests that women should not be leaders because it is considered incompatible with Islamic principles. This study aims to analyze women's involvement in politics based on the perspective of Islamic law and to find out the reality of women's involvement in politics in the West Aceh District House of Representatives (DPRK). Using empirical legal research methods and a sociological approach, this study found that Islamic law actually allows women to be involved and occupy political positions in various lines of power if the aim is to achieve the public interest, as stated in Surah An-Nisa' verse 26. Women's involvement in politics can increase policy inclusiveness and realize gender equality. However, the reality on the ground shows that women's involvement in politics in the West Aceh DPRK is still low, at only 12% for the 2024-2029 period, far below the 30% threshold specified in Article 245 of the General Election Law. This is due to several factors, including a strong patriarchal culture, lack of support from political parties for female candidates, and inappropriate religious interpretations. Therefore, this study recommends the need for a more in-depth study of the Quran and hadith with attention to gender equality aspects, as well as advocacy to raise awareness of the importance of women's involvement in politics.
Copyright (c) 2025 Kurdi, Akhmad Ikraam https://creativecommons.org/licenses/by/4.0
Legal Responsibility of Online Transport Platforms for Merchant Losses Due to Fictitious Orders by Online Transportation Drivers Perspective of Consumer Protection Law
This study examines the legal responsibility of digital mobility platforms for merchant losses resulting from fictitious orders made by online transportation drivers, viewed from the perspective of consumer protection law. Using an empirical legal research method, the study combines normative analysis of laws such as the Consumer Protection Law and the ITE Law with field data obtained through interviews with the owner of the Burger Taqwa business. The findings reveal that fictitious orders often stem from weaknesses in the verification system and dishonest driver behavior. Although platforms like Gojek and Grab have implemented policies to delete fictitious orders and offer compensation, their enforcement is inconsistent and lacks transparency. Legal protections for merchants remain limited in practice, as the current regulatory and platform mechanisms prioritize end-consumers over business partners. The study highlights the need for stricter supervision, clearer legal accountability, and improved enforcement mechanisms to ensure fair protection for merchants in the digital economy ecosystem.
Copyright (c) 2025 Ferby Aprialdi, Rahmad Efendi https://creativecommons.org/licenses/by/4.0
An Analysis of Islamic Criminal Justice Regarding the Validity of Audio Recordings as Evidence
This study examines the validity of audio recordings as evidence in both Indonesian criminal law and Islamic criminal law, in response to technological advancements in legal proof mechanisms. The objective is to explore how audio recordings are recognized and positioned within these two legal systems. The research employs a normative juridical approach through a literature review. The findings indicate that audio recordings are legally recognized as electronic evidence in positive law under Law No. 1 of 2024 concerning Electronic Information and Transactions, although they are not explicitly regulated in the Indonesian Criminal Procedure Code (KUHAP). In Islamic criminal law, audio recordings can be accepted as qarinah (strong indication) or bayyinah (clear evidence), particularly in taʿzir cases, provided they meet authenticity requirements and do not contradict the principles of sharia justice. This study underscores the importance of integrating positive law with Islamic legal values to address the challenges of legal evidence in the digital era.
Copyright (c) 2025 Risna Dayanti, Zulkarnain https://creativecommons.org/licenses/by/4.0
The Obligation of a Father in Fulfilling Nafaqah Māḍiyah and Nafaqah Ḥaḍānah for Children Post-Divorce in Relation to Relevant Legal Regulations
Nafaqah Māḍiyah and Nafaqah Ḥaḍānah are obligations of a father towards his children post-divorce, as regulated in the Compilation of Islamic Law (KHI) and Law Number 1 of 1974 on Marriage. This study aims to examine the legal consequences of a father’s failure to fulfill these obligations based on the Bogor Religious Court Decision Number 1147/Pdt.G/2023/PA.Bgr. The research employs a normative juridical approach with a descriptive-analytical method, analyzing primary, secondary, and tertiary legal materials through library research. The findings indicate that the judicial panel provided legal protection by partially granting the plaintiff’s claim, ordering past maintenance of Rp300,000,000 as compensation for the father’s negligence since the divorce on November 14, 2017, and Nafaqah Ḥaḍānah of Rp7,000,000 per child per month with a 10% annual increase until the children reach 21 years of age. However, because the judge did not request additional evidence, such as the defendant's financial records, the amount of Māḍiyah alimony granted was far less than the plaintiff's claim of Rp854,924,200.
Copyright (c) 2025 Agung Ramadhan Seli, Hazar Kusmayanti, Yani Pujiwati https://creativecommons.org/licenses/by/4.0
Legal Authority of Religious Courts in Annulment of Land Sale Deeds in Indonesia
The Religious Court (Pengadilan Agama) and the District Court (Pengadilan Negeri) exercise distinct jurisdictions in civil matters, yet jurisdictional ambiguity often arises in cases involving sale and purchase deeds. In Indonesian civil law, such deeds are crucial legal instruments serving as definitive proof of the transfer of ownership rights. The core legal controversy lies in whether the Religious Court possesses the authority to annul sale and purchase deeds—a matter traditionally under the District Court’s jurisdiction. This study critically examines the authority of the Religious Court in such annulments and the ensuing legal consequences. Employing a normative juridical method with a descriptive-analytical and case approach, the research reveals that while annulment should formally fall under the District Court, the Religious Court may adjudicate when the parties are Muslims. Such annulments carry significant implications, including the restitution of land rights to the aggrieved party and the potential for compensation claims.
Copyright (c) 2025 Maria Hayaza, Muammar Alay Idrus, M. Kholidi https://creativecommons.org/licenses/by/4.0
Bridging National and Islamic Criminal Law in Addressing Online Gambling
The advancement of internet infrastructure and digital services has facilitated easier access to online gambling, including in Deli Serdang Regency, North Sumatra. This study aims to analyze the regulation of online gambling under national criminal law and Islamic criminal law, as well as to examine the social phenomena surrounding offenders in the region. The research employs a juridical-empirical approach, combining a literature review of relevant laws and academic works with interviews involving stakeholders and online gambling offenders. The findings reveal that most offenders are male, aged 18–35, from lower-middle economic backgrounds, and access online gambling platforms via mobile devices. The primary motivations include the pursuit of instant financial gain and the desire to escape life pressures. The impacts encompass family financial losses, psychological stress, and the potential involvement in other criminal activities. Under national criminal law, online gambling constitutes a prohibited offense subject to criminal sanctions, whereas under Islamic criminal law, it is subject to ta‘zīr punishments determined by the government or judicial authorities. Law enforcement at the local level remains limited due to inadequate digital monitoring and public awareness efforts. The study recommends enhancing synergy between local governments, law enforcement agencies, educational institutions, and religious leaders through education programs, digital monitoring, strict enforcement of sanctions, and social assistance for vulnerable individuals.
Copyright (c) 2025 Muhammad Saropi Satria Komba, Rajin Sitepu https://creativecommons.org/licenses/by/4.0
Legal Consequences of Nominee Agreements Due to the Death of the Beneficial According to Statutory Regulations
This study examines the legal consequences of nominee agreements when the heir passes away, an issue that remains ambiguous under Indonesian civil law. The research problem arises from the tension between the principle of freedom of contract and the prohibition of legal circumvention through nominee arrangements, particularly in relation to land ownership by foreign nationals. Unlike previous studies that primarily focused on the validity or enforceability of nominee agreements, this research introduces a novel perspective by systematically analyzing the legal implications of termination due to death within the framework of inheritance law and contract annulment. Employing a normative juridical method, the study explores statutory provisions, legal doctrines, and relevant court decisions. The findings indicate that nominee agreements, although often satisfying the formal elements of a contract, frequently contravene the principles of lawful cause and good faith, thereby rendering them void ab initio. Upon the death of the heir, neither the heir nor their successors retain enforceable rights, while the nominee remains the de jure owner. This situation creates legal uncertainty and inheritance disputes. The study concludes that such agreements fail to provide legal protection and instead burden the judiciary with disputes that undermine legal certainty. These findings underscore the necessity for harmonization and reform of Indonesian civil law to ensure certainty, justice, and alignment with contemporary business practices.
Copyright (c) 2025 Zahra Khairunnisa Rambe, Adlin Budhiawan https://creativecommons.org/licenses/by/4.0
Additional Charges in Sales Transactions via QRIS
The Quick Response Code Indonesian Standard (QRIS) is a QR code-based payment system that integrates various codes from different payment service providers, enabling micro, small, and medium enterprises (MSMEs) to conduct transactions using a single code. This study aims to analyze the practice of adding fees to sales transactions using QRIS from the perspectives of Indonesian Positive Law and Sharia Economic Law. The research employs a qualitative method with a literature review approach, drawing on books, journals, scholarly works, and other relevant sources. The analysis examines the concept of ijarah as a contract for the use of services—either as rent for the benefit of goods or wages for labor—and the legal provisions for additional charges in non-cash transactions. The findings indicate that, from the perspective of Sharia Economic Law, additional fees are permissible if they meet the principles of fairness, transparency, and compliance with Sharia, as service providers are entitled to compensation for the services rendered. Meanwhile, under Indonesian Positive Law, such practices must adhere to consumer protection regulations and cost transparency requirements. Therefore, additional fees in QRIS transactions can be deemed acceptable as long as they comply with the legal principles of both systems.
Copyright (c) 2025 Sagita Auranti, Anggi Irawan, Ahmad Misbakh Zainul Musthofa https://creativecommons.org/licenses/by/4.0
Child Custody Due to Wife’s Mental Disorder
This study aims to explore the underlying considerations of the panel of judges in delivering a verdict on the case Number 381/Pdt.G/2024/PA.Tnk and to review it from the perspective of maqashid shariah. This research uses a qualitative method, is descriptive-analytical in nature, and employs a library research approach. The data is analyzed using the perspective maqashid shariah to assess the welfare of the child if raised by the father. The findings of this study reveal that the judge decided to grant hadhanah (custody) to the plaintiff (husband) until the children reach adulthood. One of the key considerations for this decision was the concern for the health and safety of the children while they were under the care of the defendant (wife), who was diagnosed with a mental disorder, rendering her unable to properly care for and educate the children. From the perspective of maqashid shariah, the transfer of custody to the plaintiff (husband) is clearly intended for the benefit of the children. This falls under the maqashid sharia daruriyyat (essential objectives), which include the preservation of religion, life, intellect, lineage, and wealth of the child. The analysis through the lens of maqashid sharia makes a significant academic contribution by framing the decision within the context of preserving the essential values (daruriyyat), namely the protection of the child’s religion, life, intellect, lineage, and wealth. This approach enriches the study of Islamic family law by affirming the relevance of maqashid shariah principles in the legal decision-making process, thus offering a more comprehensive perspective.
Copyright (c) 2025 Charly Octa Villiana, Mohammad Yasir Fauzi, Agus Hermanto https://creativecommons.org/licenses/by/4.0
The Position of the Wife as the Primary Breadwinner in the Division of Joint Property
The shifting role of wives as primary breadwinners within families has become increasingly evident, yet this reality remains insufficiently recognized in the division of joint property upon divorce. Article 97 of the Compilation of Islamic Law (KHI), which mandates equal division, often fails to reflect actual economic contributions, particularly when the wife plays a dominant financial role. Addressing this gap, this normative legal research adopts a qualitative approach through a literature study, utilizing primary legal sources (court decisions, the Marriage Law, KHI, the Qur’an, Hadith, and fiqh principles) and secondary sources (fiqh texts, legal theories, and academic journals). The findings from the Religious Court Decision of Indramayu No. 2388/Pdt.G/2023/PA.Im show that the judges took a progressive stance by allocating 60% of the joint property to the wife and 40% to the husband, though the proportion still falls short of representing the wife’s significant economic contribution as she worked in Hong Kong and financed most of the home construction. From an Islamic legal perspective, justice implies proportionality rather than mere equality, aligning with the concept of syirkah (partnership) and the principles of maqāṣid al-syarī‘ah, which emphasize the protection of property and women’s rights. This study contributes to the reinterpretation of Article 97 of the KHI to be more responsive to contemporary social realities and calls for progressive ijtihād among judges to realize substantive justice in the division of joint property.
Copyright (c) 2025 Zulkifli Nasution, Dhiauddin Tanjung, Hasan Matsum https://creativecommons.org/licenses/by/4.0
Legal Protection for Land Rights Holders Against Mapping (Plotting) Errors in Electronic Land Certificates
The digital transformation of Indonesia’s land administration through electronic land certificates aims to improve transparency and legal certainty. However, spatial plotting errors remain a critical obstacle that undermines the certificates’ validity and public trust. This study examines the legal validity of electronic certificates containing plotting errors and the forms of legal protection available to rights holders within the framework of digital land governance. Using a normative juridical method with statutory, conceptual, and case approaches, the research reveals that such errors weaken the material legal force of certificates, as they no longer reflect actual land boundaries. The study’s novelty lies in its integration of digital accountability and administrative law principles, highlighting the state’s responsibility to ensure data accuracy and equitable protection in electronic land registration.
Copyright (c) 2025 Retno Damayanti, Nia Kurniati, Betty Rubiati https://creativecommons.org/licenses/by/4.0