Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan

INVESTIGATION LEGALITY AND CERTIFICATION PROCESS OF HALAL PRODUCT GUARANTEE: South Korea Muslim Federation as a Muslim Minority Country

2025-04-08T17:36:43+00:00

The halal industry is getting attention all over the world, including in countries with Muslim minorities such as South Korea. This country is committed to increasing tourism and promoting halal products, as evidenced by the issuance of a halal certification by the Korea Muslim Federation (KMF). This study examines the laws and procedures governing halal certification in South Korea, a secular country. A qualitative phenomenological approach was employed in this study, involving in-depth interviews with the president and administrators of KMF, as well as observations of halal products and restaurants. The study reveals that the South Korean government is collaborating with KMF for halal certification; however, limited human resources pose a significant obstacle. To overcome this, KMF is cooperating with Muslim-majority countries. In addition, a separate challenge is Korean culture, which is unfamiliar and often conflicts with Islam. Therefore, it is recommended that the government and KMF be more active in socializing the halal concept through exhibitions and public education. This effort is crucial to increasing public acceptance and supporting the success of South Korea's halal certification policy.

ISLAMIC LAW, THE CONSTITUTION, AND DIGITAL MEDIA: A Study of Islamic Discourse Construction in Contemporary Indonesia

2025-11-10T03:37:42+00:00

Over the past decade, popular Islamic websites in Indonesia have functioned not only as platforms for da'wah but also as arenas for articulating and contesting legal and ideological discourses concerning Islam and the Constitution. This qualitative descriptive study employs Critical Discourse Analysis (CDA) to examine digital texts from four high-traffic Islamic websites: NU Online, Islami.co, Eramuslim.com, and Voa-Islam.com, identified using Alexa (2017–2019) and SimilarWeb (2020) data. The analysis reveals two dominant discursive formations. Legal-formalist platforms such as Eramuslim.com and Voa Islam.com, influenced by the DDII network, advocate for the constitutional integration of sharia, echoing the thought of Abu A‘la al-Maududi. In contrast, substantive contextual platforms such as NU Online and Islami.co emphasize ethical compatibility between Islamic values, democracy, and Pancasila, reflecting Abdullah Saeed’s humanistic interpretation of Islamic law. The findings demonstrate that digital media are not neutral conduits but sites of ideological negotiation where Islamic authority is reconfigured through communicative performance and platform logics that reward dialogical, verifiable, and inclusive narratives. The study contributes theoretically by extending Fairclough’s CDA into the digital ecology, linking textual analysis with metrics of visibility and communicative legitimacy.

JUDICIAL ACTIVISM IN INDONESIA CONSTITUTIONAL COURT: The Adjudication of Regional Election Disputes

2025-12-08T13:08:46+00:00

In resolving disputes over regional head election results, the Constitutional Court often takes legal steps by postponing the application of the vote margin threshold. In addition, the Court makes judicial reasoning to harmonize various interpretations among election organizers. This study aims to identify the reasons for the deferment of the threshold application and to examine the Constitutional Court's judicial reasoning in handling this dispute. Using normative legal research methods with a conceptual, statutory, and case-based approach, this study concludes that the Constitutional Court has set aside the vote margin threshold in extraordinary cases, particularly in cases involving procedural violations or candidates' ineligibility to advance as participants. This is evident in election disputes from 2016 to 2025. Another conclusion is that the Constitutional Court's use of judicial reasoning aims to resolve legal ambiguity and prevent inconsistencies in the application of election norms among stakeholders. The findings of this study carry significant strategic implications for both election organisers and lawmakers. This study contributes to the understanding of how the Constitutional Court's judicial activism shapes electoral justice and the need for legislative harmonization.

THE WAQF MODELS FOR HIGHER EDUCATION: Malaysia's Experience and Challenges in Strengthening a Waqf-Based Higher Education System

2025-10-15T11:32:29+00:00

This article analyses the waqf model for education in Malaysia by assessing the implementation of educational waqf, its achievements, and the challenges it faces. This study also examines how waqf can serve as a mechanism to strengthen Malaysia's education system. This study examines various initiatives and programmes undertaken by waqf agencies and educational institutions in Malaysia to improve access to higher education and to provide students in need with facilities and funding. This qualitative study employs a document analysis approach, drawing on research data from priorrom prior studies and authentic, up-to-date written documents. The study's findings present several models of waqf implementation in higher education in Malaysia. These models can be applied by other higher education institutions, with minor adjustments appropriate to the local educational context. This is significant in light of the waqf's role in education, which has been vigorously pursued for thousands of years.

SEXUAL VIOLENCE AGAINST CHILDREN: Prevention Efforts in Jambi

2024-06-30T22:34:29+00:00

This study aims to carefully investigate sexual violence against children and its countermeasures in Jambi City. The increasingly massive increase in violence against children has become a concern in recent years. This research is empirical legal research employing observation, interviews, and document analysis to collect qualitative data. The research findings show that the problem of sexual violence against children in Jambi City is still a serious issue that requires attention and optimal action steps. Factors such as lack of public understanding, lack of supervision, and low legal awareness are the main contributors to the high rate of sexual violence against children. In addition, this study also assessed the efforts that the government, non-governmental organizations, and the community have made in tackling sexual violence against children. It found a lack of interagency coordination and a need to improve community outreach and education on the issue. Based on these findings, the study recommends policy improvements and increased cooperation between government and non-government agencies in addressing child sexual abuse. Strengthening community outreach and education is also needed to raise awareness and prevention at the community level. Overall, cross-sectoral cooperation from various parties is a must to create a safe environment and protect children from sexual violence in Jambi City.

BETWEEN LEGALIZATION AND MORAL HAZARD: A Maslahah-Mafsadah Analysis of Prenuptial Pregnancy Marriage (Kawin Hamil) in Indonesian Islamic Law

2025-11-10T15:16:10+00:00

This study critically examines the implementation of Article 53 of the Compilation of Islamic Law (KHI) in Indonesia, which permits marriage for women who become pregnant out of wedlock (kawin hamil). Using a qualitative case study approach in Lampung, the research draws on in-depth interviews with religious leaders and officials from the Office of Religious Affairs (KUA). It analyzes them through the frameworks of u??l al-fiqh and maq??id al-shar?‘ah. Findings reveal that kawin hamil is widely seen as a necessary socio-legal solution. It protects the child’s lineage (nasab) and preserves family honor (‘irdh). The Hanafi school and aspects of the Sh?fi?? tradition justify this practice. Normatively, it is categorized as a maslahah ?ajiyyah (secondary public interest). However, the study identifies a normative tension. While the policy addresses immediate social concerns, it risks undermining the deterrent function (zajr) of Islamic law against zina (unlawful sexual relations). This creates an imbalance in the pursuit of the higher objectives of Sharia (maq??id al-shar?‘ah). The protection of lineage (?if? al-d?n) and dignity (?if? al-‘irdh) is prioritized over religion in their preventive roles. The study concludes that legal-administrative measures alone are insufficient. It calls for a more holistic policy framework that includes moral counseling, religious education, and a balanced application of maqa?hid principles to uphold both legal certainty and spiritual-moral integrity in Islamic family law.

LEGAL DILEMMA OF UNDOCUMENTED INDONESIAN MIGRANT WORKERS IN MALAYSIA: Compliance or Non-Compliance?

2025-10-11T15:36:16+00:00

This study explores the dilemmas faced by undocumented Indonesian migrant workers in deciding whether to comply with the law and examines the characteristics of their legal compliance and non-compliance through a multidisciplinary approach. Using a sociolegal method, interviews were conducted with purposively selected undocumented Indonesian migrant workers. Furthermore, a survey was conducted by administering questionnaires to 50 undocumented Indonesian migrant workers using online media channels. The findings reveal that undocumented Indonesian migrant workers who chose to disobey the law did so mainly because of their distrust in the legal system, rather than as a result of conscious or reflective reasoning. This is illustrated by the reasons for doubt, lack of funds, cost, fear of deportation, fear of punishment, fear of being blackmailed by officers, fear of being blocked, and fear of being unable to work abroad. Collaborative strategies and approaches based on the principles of justice, benefit, and trust are key to resolving the challenges facing undocumented Indonesian migrant workers. Fair implementation of laws and policies that provide tangible benefits to the community fosters trust in the legal system. This trust ultimately eliminates migrant workers' hesitation to comply with the law. These findings contribute to the efforts of policymakers, international organizations, and non-state actors to strengthen the governance of cross-border migration, particularly for migrant workers.

THE POLICY IMPLEMENTATION OF CANDIDATION: Study of Golkar in Jambi City Mayoral Election 2024

2025-12-18T12:57:22+00:00

This study examines the Golkar Party's decision to nominate the Maulana-Diza pair over internal cadre, Budi Setiawan, for the 2024 Jambi City Mayoral Election using Mazmanian and Sabatier's policy implementation theory. The study highlights that candidate nomination serves as an internal party policy and that technical feasibility, strategic planning, and contextual responsiveness are necessary for its successful implementation. The study found that three primary factors influenced Golkar's choice: (1) The problem's substantive aspects, like Maulana-Diza's broader political coalition, increased electability, and preparedness for logistics; (2) The policy's goals' coherence and clarity, as demonstrated by Golkar's determination to maintain electoral dominance and internal cohesion; and (3) The political and socioeconomic background, including civil society involvement and post-pandemic recovery requirements. One crucial litmus test of Golkar's institutional development is the internal conflict arising from Budi Setiawan's exclusion. The party's ability to manage dissent, realign local loyalty, and preserve organisational unity demonstrates its capacity for successful policy implementation. According to the study's findings, political party nomination strategies guided by well-defined objectives, administrative readiness, and alignment with public needs are associated with effective public policy implementation. It demonstrates the effectiveness of policy implementation theory in evaluating internal party decision-making processes within democratic electoral systems.

MAKING E-GOVERNMENT WORK IN A SMART SOCIETY

2025-12-18T13:21:34+00:00

This study employed a bibliometric approach to examine the evolution of e-government research in the context of a smart society in Asia and Europe. E-government is essential for transforming public services; however, it faces obstacles, including the digital divide, data security, and challenges related to citizen engagement. This study used bibliometric analysis of the SCOPUS database to identify research trends, conceptual interrelationships, and thematic developments in e-government and smart society research from 2002 to 2025. The results demonstrated that incorporating smart city principles into e-government has expanded research to encompass governmental openness, civic engagement, and digital innovation. Nonetheless, a substantial disparity persists in the accessibility of digital services, especially for those with limited digital literacy. Moreover, significant disparities in e-government deployment are evident between industrialized and developing nations, shaped by legislation, infrastructural preparedness, and socio-economic conditions. This study offers insights into prospective research avenues and policy recommendations to improve the efficacy of e-government in fostering an inclusive and sustainable smart society.

MURDER BY TREACHERY IN ISLAMIC AND INDONESIAN CRIMINAL LAW

2025-11-10T14:47:49+00:00

This study examines the concept of qatl al-gh?lah (murder by treachery) in Islamic criminal law and its relevance to the reform of Indonesia’s national criminal law. The phenomenon of qatl al-gh?lah is an essential issue in the study of Islamic criminal law because it has characteristics that differ from other types of murder. From the perspective of Islamic jurisprudence (fiqh jin?yah), this crime is classified as murder whose punishment can only be enforced through qi??? and ??cannot be removed even if the victim’s family forgives. The relevance of this issue becomes increasingly evident when linked to several cases in Indonesia, such as the murder of Affan Kurniawan by a police officer, the Ferdy Sambo case, the KM 50 incident, and various other cases that demonstrate the weak protection of public security. However, previous studies rarely connect the normative concept of qatl al-gh?lah with practical issues in Indonesian positive criminal law, resulting in a gap in understanding how treachery-based murder should be legally qualified. Using a qualitative, normative approach through a literature review and case analysis, this study finds that qatl al-gh?lah warrants urgent attention in inspiring national criminal law reform. Its primary contribution is to provide a conceptual foundation for discussing the special category of murder based on exceptions, thereby integrating Islamic values of justice into the Indonesian criminal law system.

DISPARITY IN AUTHORITY AND EFFECTIVENESS OF OMBUDSMAN’S RECOMMENDATIONS IN PREVENTING MALADMINISTRATION

2025-11-27T13:14:40+00:00

Ombudsman of the Republic of Indonesia (ORI) oversees public services and prevents maladministration, yet its recommendations, despite a strong legal basis, are often treated as non-binding, resulting in persistent non-compliance. This study aims to assess the effectiveness of the Ombudsman’s authority in preventing maladministration and to propose normative and institutional measures to enhance bureaucratic compliance. The research employs a normative legal methodology, focusing on the analysis of key regulatory frameworks, particularly Law No. 25 of 2009 on Public Services and Law No. 37 of 2008 on the Ombudsman of the Republic of Indonesia. Data were collected through a comprehensive literature review and analyzed using descriptive-analytical techniques. The findings reveal that weak compliance with Ombudsman recommendations is primarily driven by bureaucratic resistance, political interference, and institutional capacity constraints. The novelty of this study lies in its argument for strengthening the Ombudsman through legislative reform, including the introduction of limited executive authority, enhanced institutional autonomy, and proactive supervisory mechanisms. The study concludes that reinforcing the legal and institutional position of the Ombudsman is essential not only to improve administrative accountability but also to reflect the state’s genuine commitment to the rule of law, democratic governance, and effective public service delivery.

PROVIDING HOUSING TO THE INDIGENOUS PEOPLE OF ORANG LAUT: Fulfilling Rights or Changing Culture?

2025-12-18T13:19:09+00:00

The right to get a decent place to live is the right of every person, including the sea people. Therefore, the local government builds houses and moves the sea people from living on boats and nomads to houses. The problem is that living in a house has changed their culture, which usually lives a nomadic life at sea. The purpose of this study is first to analyze the accuracy of the local government’s steps. Second, to analyze the right legal solution in providing decent housing for the sea people. The method in this study is empirical juridical. The type of data used is primary data, namely observations and interviews, and secondary data, namely laws and regulations. In addressing the formulation of the problem in this study, the legal and theoretical basis is the Progressive Legal Theory. The results of the study indicate that the steps taken by the local government in providing physical housing and legalizing the houses are good, but not right, because they have changed the culture of the sea people. A house is a manifestation of a group’s culture, so moving the sea people into houses not only changes their culture but also their lifestyle and work patterns. Therefore, the legal solution is to establish a halfway house with an empowerment program for the sea people, which can be regulated under the Lingga, Indonesia regional regulation. Then it is also necessary to form a law that specifically regulates indigenous peoples to accommodate the traditional rights of indigenous peoples.

TRENDS IN MODERN WOMEN'S RELATIONS IN SOCIAL PROBLEMS: Islamic Law in Tafsir Al-Qurtubi

2024-11-13T14:54:35+00:00

This study aims to analyze modern women’s relationships and the accompanying social problems from an Islamic legal perspective, using Imam al-Qurtubi’s Tafsir al-Jami’ li Ahkam al-Qur’an as the primary reference. This research gap lies in the limited number of studies directly linking classical fiqh interpretations to contemporary women’s socio-legal problems through contextual and socio-legal approaches. This study employed a qualitative approach using interpretive analysis and normative-contextual studies. Data were collected through a literature review of Tafsir al-Qurtubi, fiqh books, and academic studies on Islamic law and gender, supplemented with empirical social data from official sources and social observations of modern women’s relationships. The analysis techniques used are textual analysis, historical-contextual analysis, and a comparative analysis of the normative construction of the interpretation and contemporary social reality. The results of this study indicate that although the Tafsir Al-Qurtubi was born in a medieval patriarchal social context, it consistently positions women as equal legal and moral subjects. Key concepts such as qiwamah (the act of worship), honor, and women’s public role are interpreted as responsibilities and protections rather than as the basis for the legitimacy of domination. In this context, Tafsir Al-Qurtubi is a relevant normative basis for formulating just, inclusive, and welfare-oriented legal solutions for modern women.