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All Journal RIO LAW JURNAL TRANSFORMATIONAL LANGUAGE, LITERATURE, AND TECHNOLOGY OVERVIEW IN LEARNING (TRANSTOOL) Legal Studies Journal AHKAM : Jurnal Hukum Islam dan Humaniora
Islahuddin, Muhammad
Unknown Affiliation
Arts Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : AHKAM : Jurnal Hukum Islam dan Humaniora

 1 
Judicial Review Peraturan Pemerintah Pengganti Undang-Undang (Perppu) oleh Mahkamah Konstitusi Perspektif Fiqh Dusturiyah Islahuddin, Muhammad
AHKAM Vol 2 No 2 (2023): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v2i2.1732

Abstract

In this study, the author takes the title Judicial review of Government Regulations in Lieu of Laws (PERPPU) by the Constitutional Court from the Fiqh Dusturiyah Perspective. The issue raised in this paper is whether the Constitutional Court has the authority to conduct a judicial review of a Perppu. The research objective of this paper is to find out and study the authority of the Constitutional Court in conducting a judicial review of the Perppu. The type of research used in this research is normative legal research. The approach used in this study is the legal political approach. The data used in this study is secondary data consisting of primary legal materials and secondary legal materials. Legal research uses the deductive thinking method, which means a method of thinking that begins and begins with general propositions that have been recognized for their truth and ends with a specific conclusion. The results of this study conclude that the Constitutional Court has the authority to examine the Perpu for several reasons. Starting from a sociological and teleological interpretation, it is very likely that the Perpu will contain material that contradicts the 1945 Constitution of the Republic of Indonesia or violates people's rights, without being able to be examined before being discussed by the DPR, so it is best if the Constitutional Court can conduct a judicial review of the Perpu. Judicial review of the Perpu by the Constitutional Court is also in the context of upholding the principles of the Indonesian legal state and the supremacy of the constitution. In siyasash fiqh studies, there is a judiciary institution known as the Al-Mazalim Region, which specifically deals with the tyranny of the rulers against the people, including in making policies or laws. The judiciary of the al-Mazalim Region resembles the Constitutional Court in terms of safeguarding people's rights which may be violated through the making of policies or laws. In line with the conclusions above, it is best if the law-making bodies, in this case the DPR and the President, immediately fill in the legal vacuum regarding the judicial review of the Perpu by the Constitutional Court.
Penggunaan Sanksi Pidana bagi Pelaku Diskriminasi Gender terhadap Pengupahan Pekerja (Analisis Undang-Undang No. 6 Tahun 2023 tentang Cipta Kerja Pasal 88) Rohman, Aminur; Islahuddin, Muhammad
AHKAM Vol 4 No 2 (2025): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i2.6276

Abstract

Based on Article 88 of Law No. 6 of 2023 concerning Job Creation, this study examines the implementation of criminal sanctions against perpetrators of gender-based wage discrimination. Although the legislation normatively guarantees every worker’s right to a decent living and fair wages without gender discrimination, discriminatory practices manifesting as wage gaps between men and women frequently occur in practice. This research employs a normative juridical approach grounded in theories of gender discrimination, criminal sanctions, and legal certainty. The findings indicate that sanctions against wage discrimination offenders can be imposed through administrative or criminal channels. According to Article 185 of Law No. 13 of 2003 on Manpower, violations related to wages may be subject to imprisonment from one month up to four years and/or fines. Articles 88 and 88A of the Job Creation Law regulate the importance of fair wage structures and scales, as well as the government’s role in ensuring the protection of workers’ rights. Furthermore, Article 88B explicitly prohibits employers from paying lower wages to workers performing work of equal value. These policies aim to establish a transparent, fair, and discrimination-free wage system, ensuring that every worker receives a decent income in accordance with principles of justice and equality.
Kebijakan Formulasi Penegakan Hukum terhadap Tindak Pidana Perdagangan Orang Berdasarkan Undang-Undang Nomor 21 Tahun 2007 Islahuddin, Muhammad; Syahbana, Ahmad Nabiel
AHKAM Vol 4 No 3 (2025): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i3.6742

Abstract

This study explores the handling of human trafficking crimes in Indonesia from a legal perspective, with a particular focus on the application of Article 2 paragraph (1) of Law Number 21 of 2007 on the Eradication of the Crime of Human Trafficking as the primary legal basis for addressing such cases. The research adopts a normative juridical approach and qualitative analysis of secondary data, including regulations, government policies, and law enforcement practices. The findings indicate that, although the legal framework is comprehensive, its implementation faces multiple challenges. These include limited understanding among law enforcement officials regarding the legal substance, victim handling procedures, and the identification of exploitation forms based on human rights principles. Additionally, resource constraints, weak inter-agency coordination, and low public legal awareness further undermine the effectiveness of law enforcement. Legal protection for victims also remains suboptimal in ensuring substantive justice. Therefore, enhancing the capacity of law enforcement, strengthening cross-sectoral coordination, and promoting public awareness and empowerment are strategic measures necessary for more effective and equitable prevention and handling of human trafficking.
Analisis Pengaturan Sanksi Pidana terhadap Anak Pelaku Tindak Pidana Perundungan Affandi, Ahmad; Islahuddin, Muhammad
AHKAM Vol 4 No 3 (2025): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i3.7198

Abstract

This study is driven by the increasing prevalence of bullying cases committed by minors in Indonesia, which not only affect the victims but also raise legal issues concerning the regulation of criminal sanctions. The aim of the research is to analyze the regulation of criminal sanctions against child perpetrators of bullying under Indonesia’s positive law and to assess its alignment with child protection principles. The research employs a normative juridical method using a statute approach and a conceptual approach. Data sources include primary legal materials in the form of legislation and secondary legal materials such as literature, journals, and previous studies. The data were analyzed qualitatively through legal interpretation techniques. The findings indicate that the regulation of criminal sanctions for child perpetrators of bullying is stipulated in Law No. 11 of 2012 on the Juvenile Criminal Justice System and other related regulations, which prioritize rehabilitative measures over imprisonment. This approach aligns with the principle of the best interest of the child, although its implementation faces challenges such as limited rehabilitation facilities, a shortage of support personnel, and suboptimal application of diversion. The study contributes to juvenile criminal law literature by emphasizing the importance of harmonizing law enforcement with child protection. Recommendations include strengthening technical regulations, enhancing the capacity of law enforcement officers, and improving oversight of the implementation of rehabilitation policies for child perpetrators of bullying.
Co-Authors ., Aminurrohman Ahmad Affandi Hidayatullah, Fathur Rohman Ainun Mahasin, Nazil Rohman, Aminur Syahbana, Ahmad Nabiel Yusril Ihza Mahendra