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AL-RISALAH
ISSN : 1412436x     EISSN : 25409522     DOI : -
Al-Risalah adalah jurnal terbitan berkala ilmiah yang telah “TERAKREDITASI” melalui SK. Dirjen Penguatan Riset dan Pengembangan KEMENRISTEK dan Dikti RI No.l/E/KPT/2015. Al-Risalah terbit dua kali se-tahun oleh Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi sejak 2001. Kehadiran Al-Risalah yang berfokus kepada kajian ilmu syariah dan ilmu hukum diharapkan sebagai ruang pemikiran kritis dan terbuka bagi semua kalangan (akademisi, intelektual, mahasiswa, dsb) yang konsen terhadap perkembangan ilmu syariah dan ilmu hukum.
Articles 99 Documents
Kekerasan Seksual Dan Perlindungan Anak Nasution, Khoiruddin
AL-RISALAH Vol 16 No 1 (2016)
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Abstract

President Joko Widodo on Wednesday, May 25, 2016 has issued and signed Government Regulation in Lieu of Law (Perppu) No. 1 2016 on Second Amendment to Law Number 23 of 2002 on the Protection of Children, which was amended by Act 35 of 2014. However, with the birth of this regulation has born pro and contra about its effectiveness. This paper attempts to describe the reasons behind doubt of the observer, both the pros and the contra. Finally it can be noted three conclusions. First, there are a number of factors that are the cause and source of violence against children. Second, the legal effectiveness in eliminating violence against children, is highly dependent on idealistic law enforcement and legal awareness of society. Thirdly, together with repressive efforts, preventive measures are also necessary to do in the form of providing a short course on family life for productive spouse and candidate parents. In addition, it is also urgent to provide a family counseling.
Sanksi Pidana Pembunuhan Dalam Hukum Pidana Indonesia Dan Hukum Pidana Islam Sebagai Kontribusi Bagi Pembaruan Hukum Pidana Indonesia Ishaq, Ishaq
AL-RISALAH Vol 16 No 1 (2016)
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Abstract

This article explains that murder in the Code of Penal and criminal law of Islam is prohibited and sanctioned. Criminal sanctions murder in criminal law varies, and depends on the articles which were violated in the draft of the Criminal Law. For example, imprisonment for 15 years, a lifetime, or forever 20 years. In addition, there is also punishable by imprisonment of 12 years, 9 years, 7 years, 5 years, and 4 years old. While criminal sanctions killing in Islamic criminal law is Qisas. However, in the case of qisas, if the victims family to forgive the killers, the sanctions did not apply Qisas and switch into diyat sanctions. 
Restitusi Terhadap Korban Tindak Pidana Perdagangan Orang Menurut UU RI No. 21 tahun 2007 Dalam Perspektif Negara Hukum Kesejahteraan Sakti Myharto, Wiend
AL-RISALAH Vol 16 No 1 (2016)
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Abstract

Human Trafficking is a criminal offense which later became a hotly discussed in various circles. Indonesian state actually already had the legal instruments to protect our society of crime of trafficking in persons, namely with the enactment of Law RI No. 21 of 2007 on the Eradication of Trafficking in Persons. What is interesting in the law as well as a goal in this paper is a regulation of restitution or compensation which allowed requested by the victim against the perpetrator. The method used in this paper is a normative juridical by taking primary legal materials, secondary and tertiary relating to the investigation. Not as sweet as the ideals of the nation, Restitution still pose a number of problems at the level of norms and implementation. Listed some of the problems that arise as the norm blurred in the rules and procedures for implementation, the unavailability of human resources of personnel qualified in handling cases of human trafficking, as well as a low awareness of the public to report cases of trade in the following efforts to obtain their rights.
Penegakan Hukum Dan Fatwa Haram MUI Terhadap Kebakaran Hutan Dan Lahan di Indonesia Rahmi, Elita
AL-RISALAH Vol 16 No 1 (2016)
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Abstract

Research purposes, first, and criticize enforcement of forest fire. Second, to analyze the position of the MUI fatwa about forest fires and land. The problem is How law enforcement on forest and land fires and how to position the fatwa burn the forest and land issued by MUI. Finally, from this study, it is understood that law enforcement on the issue of forest fires has not been seriously undertaken by the government, because of the limited efforts of the government, including regulations often overlap, yet one vision in uncovering the truth on the stage of the police, prosecutors, courts and Advocates, in thinking about sustainable development (forest for posterity), as well as legal awareness of society, and the business world is still low in the development of its business. On the one hand, the difficulty for judges to prove the involvement of legal entities (corporations) in the burning of forests, poor management of natural resources led to policy and law enforcement, not in accordance with the responsibility to the environment healthy and clean. On the other hand, the position of the MUI fatwa is a source of law, and became the basis of the philosophy of the various regulations in Indonesia in order to give birth and form a living law in Indonesian society, not been implemented by the public as a form of awareness of the law, to care for the environment healthy and clean.
Filantropi Dan Keberlangsungan Ormas Islam Saepudin Jahar, Asep
AL-RISALAH Vol 16 No 1 (2016)
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Abstract

This paper discusses the contribution of Islamic philanthropy (ZISWAF) in maintaining the existence and development of civil society organizations based on religion, such as NU, Muhammadiyah and Mathlaul Anwar. The presence of these institutions be a companion of government in the development of educational, social and religious. The strength of this philanthropy has successfully demonstrated its role and maintain the development of civil society in Indonesia. Relations philanthropy Islam and various religious organizations is an integral and interrelated. In other words, Islam philanthropy exists and grows because it was developed by a period of Islamic Organizations, and vice versa. Philanthropy development in each of these community organizations, appear to be associated with the traits and characteristics of each. Especially during the reform era in Indonesia, managing ZISWAF more lively. It was driven by the transparent and accountable management through institutions ZISWAF. Consequently ZISWAF institutions grew and gained the trust of the public very well.
Legislasi Hukum Ekonomi Syariah Dalam Bingkai Hukum Nasional Indonesia Ridwan, Ridwan
AL-RISALAH Vol 16 No 1 (2016)
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Abstract

The legislation of sharia economic law in Indonesia was born as a logical consequence of interaction and a dialogue between Islamic teachings and social environment. Therefore, the formulation, the characteristics and the expression of legislation of sharia economic law embodied in the form of diversity of local values (local wisdom) surrounding the growth of sharia economic law. Historical development of the legislation of sharia economic law in Indonesia features a dynamic character with typical of Indonesian values. Values, social, political and cultural settings become important elements affecting the pace and direction of the legislation of sharia economic law in Indonesia. This paper proves that Islamic law has appeared as one of the sub-system in the Indonesian national legal system, considering the enactment of various regulatory instruments in the form of laws as part of the Indonesian national law.
Pasar Islam (Kajian Al-Quran Dan Sunnah Rasulullah SAW) Suwandi, Suwandi
AL-RISALAH Vol 16 No 1 (2016)
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Abstract

The first Islamic Market which was founded by the Prophet (Peace be Upon Him) and his companions after establishing Nabawi Mosque is Anshar Market (Suuq al-Anshar) in Medina, where at the time the construction of mosque by the Caliphs also followed by establishing the market. This model shows us the emergence of market in building of economy among the Moslem Community, the market was established on Islamic value where the people from every country can visit and join in economic transaction without any hindrance, tax, rent, and other expenses so that the Islamic market has more ability to compete fairly than other markets. The Islamic market mechanism was free from any intervene in determining of price, even the government only take the role of supervisor to ensure the enactment of disturbance on the market such as overview, fraud, and other market distortions. The structure of the Islamic market is perfectly competitive market where prices are determined by forces of supply and demand. This system was brought the Moslem community as the advance society with prosperity and peace as we called in recent time by civil society. But, this system was not famous among the economic system in today, and it is will become solution for developing Islamic market in order Islamic community and civil society.
Hukum Islam, Pluralisme, Dan Realitas Sosial Izmuddin, Iiz
AL-RISALAH Vol 12 No 2 (2012)
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Abstract

The objective of this paper is to look at the journey of Islamic law in the present century. Based on a qualitative approach, this paper finds that in practice most muslims want to practice Islamic law as practiced by the Prophet, although times changed for centuries sincet he Prophet. However, some other groups want to modernize and even the more extreme to secularize such practice because, in their opinion, it makes Islam retarded. Other groups only focus on the practice of worship, while others are less noticed. However, the problem is how to implement Islamic law in the modern life and amid the plurality of Islamic legal thought? The solution of this problem is that we must be able to understand Islam, Iman and Ihsan in the practice of life in accordance with the times.
Konsep Rechtsstaat Dalam Negara Hukum Indonesia (Kajian Terhadap Pendapat M.T. Azhari) Kadaryanto, Bagio
AL-RISALAH Vol 12 No 2 (2012)
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Abstract

Discussion of the state law has had a long route in the ideal level, ranging from Ancient Greece to the modern age. However, its implementation in each country is different, although by and large have been grouped in the class of Anglo‐Saxon and Continental Europe. Particularly in Indonesia, according to the view Azhari, the state law (rechtsstaat), although not much different from the two groups, but the laws of Indonesia, more specifically, the law states that based on the Pancasila, in which the values found in a the precepts Pancasila is placed as a foundation to run the government based on law.
Konsep Mudarabah Menurut Syeikh Daud Al-Fatani bin Towpek, Hadenan
AL-RISALAH Vol 12 No 2 (2012)
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Abstract

This paper explores the view of Syeikh Daud Al-Fatani (1131-1265H/1718-1847M) with respect to the mudarabah concept as discussed in his book Furu’ al-Masa’il (1254-1257H/1838-1841M) and specifically referred to in a title Kitab al-Qirad. This paper talks about the definition and understanding of mudarabah concept, in addition to talk about the conditions of six principles of mudarabah comprising financier, entrepreneur or worker, property or capital, effort or work, sighah ijab and qabul and profit sharing. Furthermore, a topic pertaining to the cancellation of mudarabah contract and claims back of mudarabah capital asset are also discussed. This paper is a library research using content analysis method for analysing data. At the same time, a comparative analysis with the authentic view of Shafi’i shcolars is also applied. The finding of this research shows that the view of  Syeikh Daud Al-Fatani pertaining to the mudarabah concept is within the scope of al-shafi’i fiqh discussion. Furthermore, the mudarabah concept which is mentioned in Furu’ al-Masa’il book is also still relevant and applicable in Islamic banking and finance from the past, present and future.  

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