Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 2024-06-30T21:40:48+07:00 Dr. Sayuti Una, S. Ag., MH Open Journal Systems <p style="text-align: justify;"><strong>Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan</strong> <a href=""><strong>(Scopus</strong></a>,<strong><a href="" target="_blank" rel="noopener"> Sinta 1</a></strong>, p-ISSN: <a title="1412-436x" href=""><strong>1412-436x</strong></a>, e-ISSN: <strong><a href="" target="_blank" rel="noopener">2540-9522</a></strong>) is published by Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi twice a year (June and December) since 2001. From the establishment, Al-Risalah Journal has published a legal periodical publishing scholarly and authoritative articles on legal issues of current importance to both academic research and legal practice.</p> <p style="text-align: justify;">This journal aims to provide a means for sustained discussion of relevant issues that fall within the focus and scopes of the journal which can be examined empirically in the following fields: 1) Sharia (Islamic legal thought and jurisprudence; Islamic economic, Criminal, Civil, and Constitutional Laws); 2) Law Science (criminal law, civil law, international law, constitutional law, administrative law, economic law, customary law); 3) Politics Science (Islamic political law and political science).</p> <p style="text-align: justify;">Principally, the journal's editorial policy is to favour contributions which will be of interest to a wide cross-section of its readership - contributions which, if specialized, nevertheless serve to bring out matters of broader interest or importance within their specialization. However, articles which are not included in the area of law and social sciences are not covered and out of the scope of this journal.</p> <p style="text-align: justify;"><strong>Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan</strong> is proud to accept papers for its upcoming edition: Volume 23, number 2, 2023. Please submit your paper online <a href="" target="_blank" rel="noopener">click here</a> or email to: <strong></strong></p> Consumer Behavior Model: Brand Equity Mediated by Halal Awareness and Religiosity of Herbal Products Islamic Law Perspective 2024-01-29T00:42:38+07:00 Rafiqi Fitri Widiastuti Paulina Lubis Darwisyah <p>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.</p> 2024-06-22T00:00:00+07:00 Copyright (c) 2024 Rafiqi, Muhammad Amin Qodri, Umar Hasan, Evalina Alissa Fresh Flour As a Symbol Hope Perpetuate Marriage: Cultural Practices of Marriage in Riau Islands 2024-06-29T14:45:54+07:00 Muhammad Juni Beddu Muhammad Iqbal Azhari Fithri Mehdini Addieningrum Andi Amma Ruhmah Muhammad Zakir Husain Normadiah Daud <p><strong>Abstract:</strong> This research examines the role of plain flour in religious, cultural, social, and marriage perspectives in the Riau Islands community. Plain flour is a practice that is closely related to wedding ceremonies in the Riau Islands region. This research method uses a qualitative approach with the data collected through literature related to Tepung Tawar in Religious, Cultural, Social, and Marital Perspectives in the Riau Islands Community. This research also uses a descriptive method, namely explaining. This research uses a historical and contextual approach. The analytical method used is content analysis, namely digging deeper into the importance of plain flour from a religious, cultural, social, and marriage perspective in the Riau Islands community by reviewing various literature. The research results show that plain flour has essential meaning and function in the context of religion, culture, society, and marriage in the Riau Islands community. From a religious perspective, plain flour is used as a form of offering to the gods and goddesses and to cleanse negative energy that may exist in marital relationships. This practice is also considered an attempt to invoke blessings and good luck in marriage.</p> 2024-06-29T00:00:00+07:00 Copyright (c) 2024 Muhammad Juni Beddu, Muhammad Iqbal Azhari, Fithri Mehdini Addieningrum, Andi Amma Ruhmah, Muhammad Zakir Husain, Normadiah Daud Implementation of Uqubat: An Effort to Minimize Khalwat Crimes in Aceh 2024-06-29T16:48:09+07:00 Karimuddin Abdullah Lawang Nur Kholis Tri Tarwiyani Mustafa Kamal Muhammad Yasir Asnawi Abdullah <p>Aceh is the only province in Indonesia that has officially implemented Islamic Sharia law. As A Region With Special Privileges To Enforce Sharia Law, Aceh Has Enacted Uqubat Punishments As An Effort To Reduce Criminal Acts, Including Khalwat (Intimate Proximity Between A Man And A Woman Who Are Not Mahram). This Study Aims To Explore The Implementation Of Uqubat Punishment For Khalwat Behavior In The Context Of Crime Prevention In Aceh. This Research Uses A Qualitative Method With Data Collection Techniques Through Interviews, Observations, And Documentation. Once All The Data Is Collected, It Will Be Analyzed Using Content Analysis Techniques. The Results Of The Study Indicate That The Enforcement Of Uqubat Punishment Has Had A Significant Impact On Reducing Criminal Acts, Including Khalwat Behavior. However, There Are Also Several Challenges In Its Implementation, Such As Issues Of Justice In The Application Of Uqubat, Its Effectiveness, And Others. Therefore, This Study Recommends The Need For A Comprehensive Evaluation Of The Implementation Of Uqubat Punishment As Well As Continuous Improvements In The Judicial System In Aceh To Ensure Its Effectiveness In Reducing Crime Without Violating Principles Of Justice.</p> <p> </p> 2024-06-29T00:00:00+07:00 Copyright (c) 2024 Karimuddin Abdullah Lawang, Nur Kholis, Tri Tarwiyani, Mustafa Kamal, Muhammad Yasir, Asnawi Abdullah Resolving Human Rights Violation Cases in Aceh, Indonesia: Position and Role of Ulama 2024-06-30T05:37:37+07:00 Ikhwan Matondang Afrinal Afrinal Azhariah Khalida Azhariah Fatia Saifuddin Amin <p>This study aimed to examine the position and role of Ulama in resolving human <br />rights violation cases by the Aceh Truth and Reconciliation Commission (TRC). It analyzed <br />the ulama representations within the Aceh TRC commissioners, their role in reconciliation, <br />and factors that influence the role of the ulama. Data were obtained through interviews and <br />documentation and analyzed using the Miles and Huberman model. The results showed that <br />the ulama’s role was dismissed in cases of human rights violations. TRC's commissioners <br />did not represent Ulama or play a significant role in the reconciliation process. Their <br />diminished role in conflict resolution relates to delegitimization in Aceh. It occurred due to <br />the scarcity of qualified ulama to solve the conflict and friction or polarization among them. <br />Other causes were the ulama’s lack of attention to human rights issues and the emergence of <br />new actors that took over their conflict resolution roles. Ulama in Aceh could reaffirm its <br />role in conflict resolution by restoring its legitimacy. They must improve their quality and <br />formation based on day ah, strengthen their unity, avoid friction and polarization, and <br />maintain neutrality. Ulama should also increase their involvement in conflict resolution and <br />human rights issues.</p> 2024-06-30T00:00:00+07:00 Copyright (c) 2024 Ikhwan, Afrinal, Azhariah Khalida, Saifuddin Amin, Azhariah Fatia, Application of Artificial Intelligence in Motivating Court Decisions: Legal Basis and Foreign Experience 2024-06-29T16:07:08+07:00 Yevhen Leheza Mykola Yankovyi Nadiia Medvedenko Taras Vaida Marat Koval <p>The article is devoted to the study of opportunities and challenges of using artificial intelligence in motivating court decisions. An important aspect of this process consists of the application of special knowledge by judges in the context of analyzing evidence and legal evaluation of this evidence. The use of artificial intelligence in this area can become a significant innovation that can improve the quality of court decisions and ensure objectivity in the sphere of justice. Artificial intelligence technologies are rapidly developing, and their potential application in the sphere of judiciary has become a subject of deep interest both among the scientific community and among representatives of legal professions. According to the research results, it has been established that the application of artificial intelligence during the motivation of court decisions is possible provided the development and implementation of effective legal mechanisms that will allow coordination and regulation of the specified process. Also, the procedure of implementing relevant changes in the justice system of Ukraine should take place with the use of a balanced and scientifically based approach, which allows for weighing potential risks and benefits and developing recommendations for the proper practical and ethical use of artificial intelligence technologies.</p> 2024-06-29T00:00:00+07:00 Copyright (c) 2024 Yevhen Leheza, Mykola Yankovyi, Nadiia Medvedenko, Taras Vaida, Marat Koval Disobedience of Constitutional Court Decision as a Reason for Impeachment of President and Vice President 2024-06-30T06:00:27+07:00 H. Muhamad Rezky Pahlawan MP Mohamad Fandrian Adhistianto Bhanu Prakash Nunna <p>This article discusses disobedience of the Constitutional Court Decision Number 91/PUU-XVIII/2020 which was carried out by the Government by issuing Minister of Home Affairs Instruction Number 68 of 2021 Concerning Follow-Up of the Constitutional Court Decision Number 91/PUU-XVIII/2020 Regarding the Formal Review of Law Number 11 of 2020 concerning Job Creation which in essence states that it remains guided and implement Law Number 11 of 2020 concerning Job Creation and its Implementing Regulations. This instruction from the Minister of Home Affairs has violated one of the rulings stating that the legally binding force of Law Number 11 of 2020 concerning Job Creation must be temporarily suspended for 2 (two) years or until the process of its formation has been repaired. This study uses a statutory approach and a conceptual approach and is also evaluated descriptively and qualitatively. The conclusion of this paper is that disobedience to the constitution by the Government will have a juridical impact on not realizing legal certainty, impacting people's distrust of the Constitutional Court, as well as a bad example given by the President in terms of constitutional awareness, so that it is appropriate for the DPR RI to file an impeachment process against the president</p> 2024-06-30T00:00:00+07:00 Copyright (c) 2024 H.Muhamad Rezky Pahlawan MP, Mohamad Fandrian Adhistianto,Bhanu Prakash Nunna Unlocking The Potentialo of "Kalosara": An Extensive Analysis of Adultery Instances Dispute Resolution in the Tolaki Tribe through the Lens of al-Ishlah Conceptt 2024-06-30T06:18:40+07:00 Islamul Haq Hannani Hannani Abdul Syatar Muhammad Majdy Amiruddin Musmulyadi Musmulyadi <p>This article delves into the comprehensive examination of the dispute resolution in adultery cases within the Tolaki Tribe, specifically through the traditional practice of "<em>Kalosara."</em> The research also explores the relevance of <em>Kalosara</em> to the al-Ishlah concept in Islamic criminal law. This research uses the literature review method to establish a robust theoretical foundation. This research indicates a significant relevance between the<em> Kalosara</em> custom and the concept of Ishlah in the context of Islamic criminal law. The practice of <em>Kalosara</em> in resolving cases of adultery within the Tolaki Tribe reflects the principles of Ishlah, emphasizing reconciliation, restoration, and conflict resolution. The stages of the resolution process, from the acknowledgment of the perpetrator to the purification ceremony, mirror a holistic approach to achieving restorative justice. The research results show that the integration of <em>Kalosara</em> customary law in the Ishlah process reflects the aspirations of the Tolaki community for a comprehensive resolution and effective recovery at various levels, including individual, social, and broader community contexts. In the settlement through<em> Kalosara</em>, adulterers are expected to admit their actions, express regret, and carry out a purification process with a holistic approach to resolving conflicts and restoring social relations.</p> 2024-06-30T00:00:00+07:00 Copyright (c) 2024 Islamul Haq, Hannani, Abdul Syatar, Muhammad Majdy Amiruddin, Musmulyadi Normative Justice and Implementation Related to Sharia Economic Law Disputes in Realizing Legal Certainty and Justice in Indonesia 2024-06-30T06:35:52+07:00 Miftakhul Huda Hisam Ahyani <p>Academic problems stem from the results of sharia economic dispute decisions issued by the Surabaya High Religious Court (PTA) which do not fulfill the elements of certainty and justice, both at the normative (book in law) and implementation (law in action) legal levels. The losing parties can only file objections for simple cases and submit an appeal. So this is contrary to the principle of contante justice (speedy trial) in court. So the aim of this research is to analyze this. The method used in this research is normative juridical. The theories used in this research include the theory of legal certainty and justice, sulh theory, and the theory of judicial power. The research results prove that in order for the Surabaya High Religious Court (PTA) to be able to apply the principle of contante justitie (speedy trial) effectively, especially in deciding cases of sharia economic disputes, judges at the Surabaya PTA must be based on the basic principles of Islamic sharia, namely maqasid al-syariah In deciding the case, it includes: 1) not making things difficult ('adam al-haraj), 2) not reducing the burden (taqlil al-taklif), 3) Equality and Justice (al-Musawah wa al-Adalah).</p> 2024-06-29T00:00:00+07:00 Copyright (c) 2024 Miftakhul Huda, Hisam Ahyani Inconsistency of Salafi’s Bid’ah Concept 2024-06-30T21:40:48+07:00 D.I. Ansusa Putra Sayuti Rahimin Affandi Abdul Rahim <p>For the past century, Bid’ah (Eng. Innovation) is a fundamental-sociological problem in modern Muslim life. During the COVID-19 pandemic, Salafis in Indonesia took a different path than usual to respond new innovations in the rules of Islamic worship practices. This article highlights the dynamics of understanding bid'ah as a Salafi order in Indonesia during the COVID-19 pandemic. Through reading Salafi data and documents, the article finds that Salafis confirm new innovations in religion during the pandemic which are different from previous Salafi orders to refer directly to the Quran and Hadith regarding to the issue of Bid’ah. This shows the inconsistency of Salafi understanding in terms of reviewing law in the context of social change. This inconsistency was carried out by: first, changing the approach in quoting and referring to the Quran and Hadith from a puritanism approach to a maslahah approach. Second, changing the aim of selecting Quran and Hadith legal propositions from returning to the understanding of the Salaf to referring to the Salaf's experience regarding epidemic conditions (<em>thaun</em>). This Salafi order circumvents aspects of Islamic law by accepting 'new bid'ah' (new innovations) during Covid-19 is proof of Salafi flexibility on the issue of Bid'ah.</p> 2024-06-29T00:00:00+07:00 Copyright (c) 2024 D.I. Ansusa Putra, Sayuti, Rahimin Affandi Abdul Rahim The Contestation of Islamic Boarding School Womens's View of Wifes' Rights in Poligamy 2024-01-17T08:53:40+07:00 Nurnazli Nurnazli Hashm Omer Ahmad Linda Firdawaty M. Yasin al Arif Muhammad Akmansyah <p>This study examines the contention around Islamic boarding school women's view of wives' rights in polygamous marriages. It aims to answer academic questions, specifically how and why there is contention among Islamic boarding school women over the rights of wives in polygamy. Furthermore, it also aims to answer what consequences this contestation has for the practice of polygamy, which is common in Islamic boarding schools. This paper is an empirical research that takes a sociological perspective. The analysis is based on Pierre Bourdieu's Cultural Sociology theory. Data were gathered through an interview study with research subjects from five traditional Islamic boarding schools in Lampung Province. The findings of this study show that the contestation of wives' rights in polygamy is influenced by the level of understanding of religious texts and norms, social and economic realities, and the strength of the patriarchal traditions and systems that surround it. Most women are denied the opportunity to fight for their bodily and spiritual rights, both before and after polygamous marriage occurs. Women in Islamic boarding schools recognize that men's supremacy influences the neglect of women's rights in polygamy because their understanding of religious texts is conservative. Women have no bargaining power when their husbands seek to practice polygamy. Conservatives believe that polygamy is a fate and consequence that women who want to marry a caregiver or an Islamic boarding school leader (Kyai) must accept. A moderate perspective necessitates that polygamy be practiced with proportional rights between husband and wife. The repercussions of this contestation have resulted in a better appreciation of the importance of men's and women's rights being proportionate, as well as mutual protection.</p> 2024-06-22T00:00:00+07:00 Copyright (c) 2024 Nurnazli Nurnazli, Hashm Omer Ahmad, Linda Firdawaty, M. Yasin al Arif, Muhammad Akmansyah