Ahkam: Jurnal Hukum Islam
AHKAM: Jurnal Hukum Islam adalah jurnal akademik yang diterbitkan oleh Fakultas Syariah dan Ilmu Hukum (FASIH) Institut Agama Islam Negeri (IAIN) Tulungagung. Berisi tulisan yang diangkat dari kajian analitis-kritis di bidang hukum Islam. AHKAM: Jurnal Hukum Islam terbit dua kali dalam setahun pada bulan Juli dan November. Jurnal ini didedikasikan kepada para akademisi, peneliti, dan pemerhati hukum Islam. Artikel yang diterbitkan berupa karya orisinal dan tidak harus sejalan dengan pandangan redaksi.Berisi tulisan yang diangkat dari kajian analitis-kritis di bidang hukum dan mu’amalah. Ahkam: Jurnal Hukum Islam diterbitkan sejak 1 Juli 2013 oleh Fakultas Syariah dan Ilmu Hukum (FASIH) IAIN Tulungagung.
Articles
16 Documents
Search results for
, issue
"Vol 7 No 2 (2019)"
:
16 Documents
clear
<![CDATA[FUNGSI PENGAWASAN OTORITAS JASA KEUANGAN (OJK) TERKAIT PERLINDUNGAN KONSUMEN PADA LAYANAN PEER TO PEER LANDING FINTECH ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 7 No 2 (2019) ]]>
Publisher : <![CDATA[IAIN Tulungagung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21274/ahkam.2019.7.2.%p
<![CDATA[The development of information technology has generated the innovation in the financial technology (fintech). One of the innovation is peer to peer lending system, which targeted the public and small scale business to provide the easily accessed capital. The regulation issued by Bank of Indonesia and the Board of Financial Authority is expected to assure the consumers’ safety. The peer to peer lending system has turned out to give positive benefit in accelerating the economic growth. Anyway, the potential leak of the consumers’ personal data threaten the sustainability of the fintech industry. Therefore, the prevention and the supervision system must be seriously considered. This study concludes that th fintech still need another set of regulations to protect the consumers, and to optimize the supervision from Bank of Indonesia and the Board of Financial Authority.Keywords: Peer-to-peer lending, financial technology, regulasi]]>
<![CDATA[PERAN POLRI, KEJAKSAAN DAN MAHKAMAH ADAT ACEH DALAM PENEGAKAN SYARIAT ISLAM DI ACEH ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 7 No 2 (2019) ]]>
Publisher : <![CDATA[IAIN Tulungagung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21274/ahkam.2019.7.2.%p
<![CDATA[The main institutions that play a very important role in the enforcement of Islamic law in Aceh are the Office of Islamic Law (DSI), the Shariah Court (MS) and Wilayatul Hisbah (WH) at the Aceh provincial level and the district level. The question proposed is what is the role of the national law enforcement agencies such as the Republic of Indonesia Police and the Republic of Indonesia Prosecutors' Office. As a matter of fact the application of Islamic law in Aceh is under the territory of the NKRI. It means that legally Aceh is not entirely independent but is still within the scope of national law enforcement. Therefore, the existence of the National Police and Prosecutors' Office in prosecuting its role in law enforcement in Aceh, particularly sharia-nuanced law is important to be investigated. This study uses a library approach of wihch primary sources are books, documents, laws, notes and online media about the implementation of Islamic law in this Veranda of Mecca.Keywords: Syariah Islam, Wilayatul Hisbah, MAA]]>
<![CDATA[HUKUM ASURANSI BADAN PENYELENGGARA JAMINAN KESEHATAN (BPJS) KESEHATAN PERSPEKTIF FIQH MUAMALAH DAN QAWÂ’ID FIQHIYAH ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 7 No 2 (2019) ]]>
Publisher : <![CDATA[IAIN Tulungagung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21274/ahkam.2019.7.2.%p
<![CDATA[This research reviews the definition of the Badan Penyelenggara Jaminan Kesehatan (BPJS), it’s implementation mechanism, and it’s law according to the Moslem scholars in Indonesia. The mechanism of its implementation reviewed based on the fiqh muamalah (transaction law in Islam). There are several issues answered in this research, but the most important issue is the problem of how the BPJS Health Insurance Law is reviewed from the perspective of fiqh muamalah. This research is a library research with descriptive legal research models. The approach used in this study is a normative juridical approach with a comparative analysis method. The results of this study shows that regarding to the BPJS Health insurance, the Moslem scholars in Indonesia differ in opinion, of which there are those that forbid, some allow, and some say the law is shubhat. Secondly, the relevance between the BPJS Health insurance operational system with the concepts in fiqh muamalah, it is found that there are similarities in several respects with the concept of ju'alah, wadi’ah, salam, and kafâlah or dhaman. From the perspective of qaidah fiqhiyah, the legality of the BPJS Health insurance seems to be stronger because of the compatibility with the principles of fiqh muamalah.Keywords: Insurance Law, BPJS, Fiqh Muamalah, Principles of the Fiqh]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP ANAK PELAKU TINDAK PIDANA PENCABULAN ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 7 No 2 (2019) ]]>
Publisher : <![CDATA[IAIN Tulungagung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21274/ahkam.2019.7.2.%p
<![CDATA[Crimes with child offenders in Indonesia are increasingly alarming from time to time. One of the most frequent crimes committed by children and child victims is sexual violence. One of the triggers of the onset of sexual violence by children with child victims is the rise of porn sites on the internet which can be easily accessed by children through mobile phones. This study used normative juridical research method. In accordance with the type of normative juridical research, the data collected is secondary data. The secondary data collection is intended to gain a theoretical foundation by studying the rules, documents and books that are related to this issue, and the opinions of scholars (doctrine). The result of the research shows that the form of juridical legal protection is regulated in special legislation for children, namely Law Number 35 Year 2014, the amendment to Law Number 23 Year 2002 regarding to the Child Protection and the implementation of legal protection have not been implemented optimally since it still uses the legislation, the old invitation, namely Law Number 23 Year 2002 on Child Protection. While the inhibiting factors in its implementation include legal factors, law enforcement officers, facilities and supporting facilities, community factors and cultural factors.Keywords: Legal Protection, Criminal Act of Abuse, Child]]>
<![CDATA[PENERAPAN PRINSIP-PRINSIP SYARIAH PADA SHARIA ONLINE TRADING SYSTEM MENURUT FATWA DEWAN SYARI’AH NASIONAL NO.80/DSN-MUI/III/2011 ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 7 No 2 (2019) ]]>
Publisher : <![CDATA[IAIN Tulungagung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21274/ahkam.2019.7.2.%p
<![CDATA[SOTS is the first online sharia trading system in the world and was formed with great hopes that the majority of Muslim community of Indonesia can contribute a lot to the Capital Market in Indonesia. This system is based on sharia principles as DSN-MUI Fatwa No. 80 of 2011. Some people are skeptical about SOTS because they think it is still jointly managed with the Online Trading System. The focus of this study is to analyze the Sharia Online Trading System based on the DSN-MUI Fatwa No.80 of 2011. Using the literature review method based on data on the official website. The results of the analysis state that SOTS is in accordance with the sharia principles. However, because there is still a scope of orders from the online trading system, people are doubtful that it is not in accordance with Islamic principles.Keywords: Sharia Principles, Sharia Online Trading System (SOTS), Sharia Capital Market]]>
<![CDATA[METODE RAṢDU QIBLAH DENGAN BEDA AZIMUT DALAM PENENTUAN ARAH KIBLAT ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 7 No 2 (2019) ]]>
Publisher : <![CDATA[IAIN Tulungagung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21274/ahkam.2019.7.2.%p
<![CDATA[Raṣdu Qiblah is a method of determining the direction of qibla which is known to be economical, practical and accurate. In practice, Raṣdu Qiblah is restricted due to the presence of the sunray and the limited time. As the result, the Raṣdu Qiblah formula with azimuthal angle is developed as a solution which can be utilized four times or more in a day. This research employs a quantitative approach with mathematical analysis to describe the accuracy of the method. The findings of this study are that the calculation of the Raṣdu Qiblah with different azimuth approaches the solar azimuth calculation results at any time. The results of the practice also approach the local Raṣdu Qiblah which means that the accuracy of this method is almost the same as the original method and can be used as an alternative for determining the accurate direction of qibla.Keywords: Raṣdu Qiblah, Difference of Azimuth, Astronomy]]>
<![CDATA[PEMIKIRAN FIKIH LINGKUNGAN YUSUF AL-QARAḌAWI (Sebuah Upaya Mewujudkan Maṣlaḥah al-’Ammah) ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 7 No 2 (2019) ]]>
Publisher : <![CDATA[IAIN Tulungagung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21274/ahkam.2019.7.2.%p
<![CDATA[Being one of prominent figures in the field of fiqh, Yusuf al-Qaraḍawi is one of the contemporary scholars who initiates the ideas and thoughts about fiqh bīʻah (fiqh of environment). The current global environmental crisis ranging from global warming, climate changes, ozone layer depletion, acid rain, exploitation of natural resources, illegal logging, deforestation, floods, droughts, landslides, extinction of biodiversity, and so forth, have been becoming global crucial problems until now. These phenomena become a serious issue since they endanger and threaten the sustainability of the earth. This paper is aimed to study the Islamic perspective on safeguarding the nature and its contents in order to realize maṣlaḥah al-‘ammah (the public benefits) to the entire population of the earth. The thoughts of Yusuf al-Qaraḍawi need to be disseminated in order to realize the values of maṣlaḥah al-‘ammah so that the purpose of realizing Islam as the religion of raḥmatan li al-‘ālamīn (a blessing to all of the universe) may come true.Keywords: Fiqh Bīʻah, Jurisprudence of Environment, Maṣlaḥah al-‘Ammah, Public Benefits]]>
<![CDATA[ANALISIS PELAKSANAAN PERJANJIAN JAMINAN FIDUSIA (Studi Kasus FIF Astra) ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 7 No 2 (2019) ]]>
Publisher : <![CDATA[IAIN Tulungagung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21274/ahkam.2019.7.2.%p
<![CDATA[This research is to find out the process of implementing a fiduciary guarantee agreement and to know the legal consequences of a fiduciary guarantee agreement when FIF Astra is not registered. Based on the results of the study it can be concluded that in terms of its implementation and the contents of FIF Astra's financing agreement, it has fulfilled the provisions of legislation, especially the Civil Code. This is intended to provide legal certainty for the parties, both for fiduciary providers and for fiduciary recipients so that they can provide legal protection to creditors (fiduciary recipients) and other third parties. Regarding to the consequences of fiduciary guarantee law which is not registered according to Law Number 42 of 1999 that fiduciary guarantees must be made with a Notary Deed and registered with the Office of the Ministry of Law and Human Rights, in order to have execution power, in addition, creditors will obtain preferential rights. If the fiduciary guarantee is not made under the hand and is not registered in accordance with the provisions of the legislation, it does not have the execution power, and the right of preferential rights and can be nullified and voided by law.Keywords: Implementation of the agreement, Fiduciary Guarantee]]>
<![CDATA[FUNGSI PENGAWASAN OTORITAS JASA KEUANGAN (OJK) TERKAIT PERLINDUNGAN KONSUMEN PADA LAYANAN PEER TO PEER LANDING FINTECH ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 7 No 2 (2019) ]]>
Publisher : <![CDATA[IAIN Tulungagung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21274/ahkam.2019.7.2.%p
<![CDATA[The development of information technology has generated the innovation in the financial technology (fintech). One of the innovation is peer to peer lending system, which targeted the public and small scale business to provide the easily accessed capital. The regulation issued by Bank of Indonesia and the Board of Financial Authority is expected to assure the consumers’ safety. The peer to peer lending system has turned out to give positive benefit in accelerating the economic growth. Anyway, the potential leak of the consumers’ personal data threaten the sustainability of the fintech industry. Therefore, the prevention and the supervision system must be seriously considered. This study concludes that th fintech still need another set of regulations to protect the consumers, and to optimize the supervision from Bank of Indonesia and the Board of Financial Authority.Keywords: Peer-to-peer lending, financial technology, regulasi]]>
<![CDATA[PERAN POLRI, KEJAKSAAN DAN MAHKAMAH ADAT ACEH DALAM PENEGAKAN SYARIAT ISLAM DI ACEH ]]>
<![CDATA[ Ahkam: Jurnal Hukum Islam Vol 7 No 2 (2019) ]]>
Publisher : <![CDATA[IAIN Tulungagung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21274/ahkam.2019.7.2.%p
<![CDATA[The main institutions that play a very important role in the enforcement of Islamic law in Aceh are the Office of Islamic Law (DSI), the Shariah Court (MS) and Wilayatul Hisbah (WH) at the Aceh provincial level and the district level. The question proposed is what is the role of the national law enforcement agencies such as the Republic of Indonesia Police and the Republic of Indonesia Prosecutors' Office. As a matter of fact the application of Islamic law in Aceh is under the territory of the NKRI. It means that legally Aceh is not entirely independent but is still within the scope of national law enforcement. Therefore, the existence of the National Police and Prosecutors' Office in prosecuting its role in law enforcement in Aceh, particularly sharia-nuanced law is important to be investigated. This study uses a library approach of wihch primary sources are books, documents, laws, notes and online media about the implementation of Islamic law in this Veranda of Mecca.Keywords: Syariah Islam, Wilayatul Hisbah, MAA]]>
