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All Journal AHKAM : Jurnal Hukum Islam dan Humaniora
Helfi Helfi
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Perbandingan Tindak Pidana antara Pelecehan, Pemerkosaan, dan Perzinaan dalam Hukum Positif dan Hukum Pidana Islam Siti Anah Mariam; Helfi Helfi
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.10051

Abstract

This study was motivated by an incident in Jorong Galogah, Nagari Kamang Baru, namely sexual intercourse between a man and a woman that occurred in a prayer room. This study aims to determine the elements of criminal acts arising from the incident and to analyze the similarities and differences among sexual harassment, rape, and adultery in positive law and Islamic criminal law. This study used field research with a qualitative approach conducted at the Muaro District Court and Nagari Kamang Baru. Data were collected through interviews, observation, and documentation, and were then analyzed using a descriptive-analytical method to draw conclusions. The results showed that the act of sexual intercourse in Jorong Galogah could not be classified into a single form of criminal act because its elements could be assessed differently under positive law and Islamic criminal law. From the perspective of positive law, the incident indicated the fulfillment of the elements of sexual violence, particularly when viewed from the victim’s condition, the age difference, the victim’s status as under 18 years old or still classified as a minor, and the element of consent attached to the incident. Meanwhile, from the perspective of Islamic criminal law, the act was viewed as adultery because it fulfilled the elements of adultery, occurred outside a valid marital bond, and was based on mutual consent. The conclusion of this study emphasizes that the classification of sexual criminal acts needs to be analyzed carefully by considering the elements of the act, the victim’s age, consent, and the legal basis used. The implications of this study provide a contribution to comparative criminal law studies and a more comprehensive understanding of differences in legal constructions between positive law and Islamic criminal law in assessing certain sexual incidents.
Implementasi Peraturan Bupati Nomor 9 Tahun 2021 tentang Tata Cara Penghapusan Piutang Pajak Bumi Bangunan Perdesaan dan Perkotaan (PBB-P2) yang Sudah Kedaluwarsa di Kabupaten Dharmasraya Menurut Siyasah Tanfiziyah Sherly Yunita; Helfi Helfi
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10287

Abstract

This study was motivated by the accumulation of overdue Rural and Urban Land and Building Tax (PBB-P2) receivables in Dharmasraya Regency for approximately 16 years, particularly receivables originating from the period before regional expansion and no longer collectible because they had exceeded the time limit stipulated in tax regulations. This condition created administrative problems, affected the quality of regional financial reports, and encouraged the local government to enact Regent Regulation Number 9 of 2021 concerning the procedure for writing off overdue PBB-P2 receivables. However, its implementation still shows discrepancies between policy provisions and field realization, particularly regarding the implementation deadline. This study aims to analyze the implementation of Regent Regulation Number 9 of 2021 and review it from the perspective of siyasah tanfiziyah, particularly in the aspects of justice, trustworthiness, and public benefit. This study used field research with a descriptive qualitative approach. Data were obtained through interviews with relevant informants, namely the Legal Division of the Regional Secretariat, the Regional House of Representatives, and the Regional Finance Agency, as well as documentation in the form of archives, documents, and decrees on the write-off of receivables. The data were analyzed through the stages of data collection, data reduction, and conclusion drawing. The results showed that policy implementation had proceeded according to procedure and reflected the principle of accountability. From the perspective of siyasah tanfiziyah, this policy has fulfilled the principles of justice, trustworthiness, and public benefit, although obstacles remain in the form of incomplete data, changes in administrative regions, limited resources, and suboptimal interinstitutional coordination. The conclusion of this study affirms that the write-off of overdue PBB-P2 receivables is an important administrative and legal measure for improving regional financial governance. These findings contribute to the development of public policy studies and Islamic constitutional law and have practical implications for local governments in strengthening accountability, coordination, and accuracy in implementing regional receivables write-off policies.
Larangan Menikahi Kerabat Mantan Istri Sesuku dalam Adat Masyarakat Nagari Koto Lamo, Kecamatan Kapur IX Perspektif Urf Reti Alia Putri; Helfi Helfi
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10364

Abstract

The prohibition against marrying relatives of a former wife from the same clan in Minangkabau society is a customary practice related to the regulation of kinship relations, social harmony, and compliance with clan norms. Although this theme has been examined in several previous studies, research specifically discussing the prohibition against marrying relatives of a former wife from the same clan in the customs of the Nagari Koto Lamo community, Kapur IX Subdistrict, from the perspective of ‘urf remains limited. This study aims to analyze the implementation of the prohibition against marrying relatives of a former wife from the same clan in the customs of the Nagari Koto Lamo community and to examine it from the perspective of ‘urf in Islamic law. This study used a qualitative approach with a field research design. The research informants consisted of niniak mamak, alim ulama, community leaders, and members of the Nagari Koto Lamo community who were selected purposively. Data were collected through structured interviews and documentation, and were then analyzed descriptively and inductively. The results showed that the Nagari Koto Lamo community prohibits a person from marrying relatives of a former wife who come from the same clan or the same soko because it is considered likely to cause social conflict, damage kinship relations, and disrupt clan harmony. Violation of this prohibition is subject to a customary sanction in the form of being banished according to custom. From the perspective of ‘urf, this prohibition is classified as ‘urf fasid because it contradicts the provisions of Islamic law, which does not prohibit such a marriage as long as there is no mahram relationship. These findings contribute to the development of studies on Islamic family law, customary law, and ushul fiqh, particularly in understanding the relationship between custom and Islamic law in Minangkabau society.
Efektivitas Peraturan Nagari Suayan Nomor 3 Tahun 2016 Pasal 8 tentang Pemberlakuan Jam Malam bagi Remaja Menurut Fiqh Siyasah Tanfidziyah Yoni Yolanda; Helfi Helfi
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10443

Abstract

Although Nagari Suayan Regulation Number 3 of 2016 Article 8 concerning curfew restrictions for adolescents has been implemented to maintain public morality and security, violations are still found in practice due to resistance from adolescents who feel that their freedom is restricted, as well as limited resources and the limited capacity of officials to conduct optimal supervision. This study aims to analyze the effectiveness of the implementation of Nagari Suayan Regulation Number 3 of 2016 Article 8 concerning curfews for adolescents and to review it from the perspective of Fiqh Siyasah Tanfidziyah. This study used field research with a descriptive qualitative approach. Primary data were collected through direct observation and in-depth interviews with the Nagari Head, nagari officials, and local community leaders. The results showed that, in terms of substance and legal foundation, this regulation was considered appropriate and aligned with the principles of Fiqh Siyasah Tanfidziyah because it is oriented toward public benefit and the protection of the younger generation from various potential dangers. However, the effectiveness of its implementation still needs to be improved because socialization has not been optimal and rule enforcement has not been carried out firmly. The conclusion of this study affirms that Nagari Suayan Regulation Number 3 of 2016 Article 8 has a relevant normative basis and socio-religious purpose, but it requires stronger implementation so that the objective of controlling curfews for adolescents can be achieved optimally. These findings imply the importance of improving socialization, supervision, and consistency in rule enforcement by the nagari government in realizing social order based on public benefit.
Perspektif Fiqh Siyasah Tanfidziyyah terhadap Penutupan Stasiun Lambuang Kota Bukittinggi Rifky Setiawan; Helfi Helfi
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10638

Abstract

This study was motivated by the policy of the Bukittinggi City Government to close Lambuang Station as an effort to safeguard regional finances and optimize asset management, which had previously imposed a rental burden payable to PT Kereta Api Indonesia (PT KAI). This study aims to analyze the policy of closing Lambuang Station and examine it from the perspective of fiqh siyasah tanfidziyyah. This study used field research with a qualitative approach. Data were collected through interviews, observation, and documentation. The results showed that the closure of Lambuang Station was a local government policy directed at realizing public welfare through regional financial efficiency and the optimization of public assets. From the perspective of fiqh siyasah tanfidziyyah, this policy can be justified because it is in line with the principle of public welfare and the protection of public wealth (hifz al-mal). However, the implementation of the policy still needs to consider the principles of justice and the economic rights of affected communities. Thus, this study affirms that public policy in the management of regional assets should not only be oriented toward administrative and fiscal efficiency but also consider the values of public welfare, justice, and the protection of community interests.
Co-Authors Reti Alia Putri Rifky Setiawan Sherly Yunita Siti Anah Mariam Yoni Yolanda