Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan

Customary and Islamic Practices in Inheritance Distribution: Insights from The Gampong Customary Court in Pidie

Faisal Husen Ismail — 2024-12-30

This study explores the methods of inheritance distribution employed by the Gampong Customary Court (Peradilan Adat Gampong) in Pidie. The research aims to shed light on the foundations and decision-making processes behind resolving inheritance disputes in the court. Using a descriptive qualitative approach, the study incorporates both secondary and primary data. Secondary data were gathered through literature reviews of dissertations, books, journals, and newspaper articles, while primary data were collected through interviews. A purposive sampling method was employed, selecting eight informants, including community leaders, religious figures, customary leaders, and intellectuals. A pilot study was conducted to ensure the relevance and accuracy of interview questions. Content analysis was used to examine both primary and secondary data. The study found that the Gampong Customary Court primarily relies on Islamic law and local customs when handling inheritance disputes. This study highlights several practical implications for inheritance management in Pidie, Aceh. The application of ijbari principles ensures compliance with Islamic teachings while respecting local customs. Practitioners must be proficient in both legal frameworks. Additionally, the suloh/syura model, which prioritizes consensus and dialogue, can be employed to resolve inheritance disputes and foster family harmony. Therefore, this study recommends strengthening the role of local leaders in resolving inheritance conflicts to build community trust and reduce the caseload in Sharia courts.

The The Crisis in Red Sea Region: Legal and Socio-Economic Impact on International Commerce

Antai Godswill Owoche — 2024-12-30

The continued hijack of shipping vessels on the Red Sea by extremists
who claim to have declared war against Israel is one of those blowouts that have
been caused by the Israel - Hamas conflict. The journey to unencumbered waters
and unfettered shipping access itself has led to several agreements between
sovereign states towards the maintenance of seamless high-seas traffic.
Unfortunately, non-state actors occasionally come on the scene to wreak havoc
and destabilize the fragile peace on international waterways. It is in this regard,
that this study tends to examine the Red Sea crisis as it affects global shipping
maritime transit and economic growth, especially of African countries vis-a-vis the
UN Security Council's role of maintaining world peace and security. The study
adopts a doctrinal method of study, the data obtained from primary and
secondary sources such as laws and academic literature were analyzed using a
descriptive and analytical method. The study therefore found that Rebels are using
the pretext of Israel's attacks on Gaza to perpetrate piracy. The Israel - Hamas
deadlock has created a deadlocked lose-lose situation for the international
community and resulted in new incidents of insecurity within the Red Sea. The
study therefore concludes and recommends that the United Nations as the global
police especially through the UN Security Council examine all options for securing peace and stability in the Red Sea region as attacks on shipping vessels have global
ramifications affecting multiple nationalities and invariably affecting world peace.
Keywords: Crisis, Red Sea, Legal, Socio-Economic, International, Commerce.

A Comparative Analysis of Mechanisms for Settlement of Election Disputes: Case Studies of Indonesia and South Africa

Dwanda Julisa Sistyawan — 2024-12-30

This study provides a comparative analysis of the mechanisms for settling election disputes in Indonesia and South Africa, focusing on transparency, accountability, effectiveness, and efficiency. Despite notable democratic advancements, both nations continue to grapple with challenges that could undermine the legitimacy of electoral outcomes and democratic stability. The research investigates how transparent and inclusive these mechanisms are, the extent of public scrutiny, and the accountability measures in place for responsible parties. It also assesses the timeliness of dispute resolution, enforceability of decisions, and their overall impact on electoral integrity and legitimacy. Key findings highlight the roles of Indonesia's Bawaslu and South Africa's IEC in ensuring openness and public participation while identifying political interference, resource constraints, and procedural complexities as significant challenges. The study further explores best practices such as engaging civil society, simplifying procedures, and adopting technology to enhance dispute resolution mechanisms. Through this analysis, the research contributes to the understanding of electoral governance and offers policy recommendations to strengthen democratic institutions in Indonesia and South Africa.

The Expansion of Investor Access to Cultivation Rights: A Socio-Legal Analysis on Agrarian Injustice in Indonesia

Muh.Afif Mahfud — 2024-12-30

Granting cultivation rights for investment interests and ignoring equitable distribution of land ownership can create injustice and agrarian conflict. This is socio-legal research to analyze agrarian conflict through an interdisciplinary lens. All the data obtained is analyzed qualitatively. Based on the study, disharmony is found between the Basic Agrarian Law, which regulates that cultivation rights can only be granted on state land, and the Job Creation Law, which stipulates that cultivation rights can be given over management rights. This overlapping regulation marks a difference in legal policy between the Job Creation Law, which wants to provide convenience to entrepreneurs, and the Basic Agrarian Law, which considers the strategic position of cultivation right so that it is merely granted on state land. This overlapping of legal policy creates legal uncertainty and brings economic implications, creating a higher land ownership inequality between entrepreneurs and the community. Higher landownership inequality brings social implications, namely, higher conflicts in the agrarian sector. This is not according to the principle of protection for weak parties in Indonesian Agrarian Law.

Digital Transformation of Cooperative Legal Entities in Indonesia

Didi Sukardi — 2024-12-30

Abstract: This article captures the implementation of cooperative legal entities that are still conventional toward digital transformation, considering significant changes in the world. This study aims to describe how to strengthen the role of cooperatives as a pillar of the Indonesian economy, the legal basis for digital transformation, and the digital transformation of legal entity cooperatives in Indonesia. The findings show that transforming the cooperative business model into a digital basis is necessary. Cooperatives can obtain a vast market share by using tools such as website companies, social media, marketplace, and paid online advertising. The legal basis for business transformation from conventional to electronic-based models already exists. Cooperative legal entities can conduct business activities by utilizing digital technology for various activities such as administration, marketing via internet media, advertising using third parties such as Facebook Ads or Google Ads, selling products through online stores, analyzing business trends in the community, building relationships with more parties through social media, member meetings using video call applications, and many more that can be utilized. With the G20 forum, opportunities to expand business to various countries need to be used optimally by cooperatives in Indonesia.

Keywords: Digital, Legal Entities, and Cooperatives.

Finding The Maqashid Al-Syariah Performance Model on Syariah Management Accounting Information System Values

Mellya Embun Baining — 2024-12-30

In Indonesia’s Zakat Management Organisation (OPZ) context, managing zakat funds effectively and in line with maqasid al-syariah principles is crucial to maintaining public trust. This study investigates the impact of environmental uncertainty, human resource (HR) competence, internal control, and Islamic organizational culture on the values of the Sharia Management Accounting Information System (SIAMSy) and the performance of zakat management organizations (KOPZ), as well as examining the role of information technology as a moderating factor. Primary data were collected through questionnaires and interviews with zakat management organizations (OPZ) in Jambi Province and analyzed quantitatively. The data analysis technique used is Structural Equation Modeling (SEM) with a Partial Least Squares approach. (PLS). The direct testing results show that HR competency and Islamic organizational culture significantly influence SIAMSy values. On the contrary, environmental uncertainty and internal control do not substantially impact enhancing SIAMSy values. Meanwhile, KOPZ is directly influenced by ecological uncertainty and internal control, while human resource competence and Islamic organizational culture do not significantly affect KOPZ. The indirect testing results explain that human resource competence and Islamic organizational culture have a positive and significant impact on KOPZ through SIAMSy with complete mediation, indicating that the role of SIAMSy values is found in KOPZ from the maqashid al-syariah perspective. Meanwhile, environmental uncertainty and internal control do not positively and significantly impact KOPZ through SIAMSy values in OPZ in Jambi Province. Lastly, information technology cannot provide a moderating effect between variables.

Collective Ijtihad Practice in Indonesia: The Role of Isbat Sessions in Addressing Legal Paradigm Differences Between Hisab-Rukyat

Suhar AM — 2024-12-30

This article aims to promote the Isbat session as a collective ijtihad practice that can overcome the differences in the legal paradigms of Hisab and Rukyat in determining the beginning of Ramadan in Indonesia. This study uses qualitative-descriptive analysis by observing the practice of the Isbat session in dealing with differences in the legal paradigms of Hisab-Rukyat in Indonesia. Primary data uses official documents from the Ministry of Religious Affairs regarding the Isbat Session from time to time. Then the data is elaborated with secondary data, especially the opinions of scholars regarding the role of collective ijtihad in dealing with differences in the paradigms of Islamic law. The article finds that the Isbat Session is a real example of the practice of collective ijtihad in Indonesia, which combines religious values, science, and the principle of deliberation. Its role is very significant in bringing together the diversity of paradigms and legal views of the Islamic community in Indonesia. Furthermore, the practice of the Isbat session also has an impact on the socio-community aspect in strengthening the unity of Muslims amidst the diversity of legal methods and views. This article contributes to the development of Islamic legal science to become a reference for academics on related issues.