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INDONESIA
Ahkam: Jurnal Hukum Islam
Published by Universitas Islam Negeri Sayyid Ali Rahmatullah Tulungagung
ISSN : 23031905     EISSN : 25491075     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : -
Articles 273 Documents
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EKSISTENSI HUKUM ADAT DALAM PENYELESAIAN KONFLIK PADA DAERAH OTONOM Warjiyati, Sri
Ahkam: Jurnal Hukum Islam Vol 6 No 2 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2018.6.2.389-410

Abstract

In addition to the current positive law or written law or product legislation there is also an unwritten law which is a living law. The law which grows, develops, and is maintained in a society is better known as Customary law. Customary law as a law born from the personality of the Indonesian nation is clearly very important for the Indonesian people. Customary law is an expression or statement of human thoughts and feelings about the just and unjust growing in society. Until now the Indonesian people in autonomous regions tend to respect the customary laws that apply in their area, for example are the nagari law in Minangkabau, the nagari law in Aceh, the Fondrako law (customary law and customary procedures) in the Nias Islands North Sumatra. Local people choose not to violate the customary law because of severe sanctions and are reluctant to the deal with traditional institutions or communities so that customary law is respected by people in autonomous regions like this. Other problems that often arise in the community, usually, are related to land disputes, inheritance, etc., for example the land dispute that occurred in 2017 in the Segene Balik village, KutePanang Subdistrict, Central Aceh, which was able to be resolved by the customary justice. This shows how the existence of customary law in resolving conflicts in autonomous regions currently has a very important role. Given that it is not always written law in the form of legislation, the customary law can always follow the development of the society. Another important role, customary law as a law that lives, grows and develops in the community, is the main source of the formulation of legislation.Keywords: Existence of Customary Law, Autonomous Region, Conflict
TINJAUAN YURIDIS PENERAPAN PLEA BARGAINING UNTUK MENINGKATKAN EFISIENSI PERADILAN DI INDONESIA Tristanto, Yunizar Wahyu
Ahkam: Jurnal Hukum Islam Vol 6 No 2 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2018.6.2.411-436

Abstract

The case handling system implemented in Indonesia currently spends much time and effort. Indonesian criminal justice often experiences cases of accumulation or over capacity, criminal cases that cannot be resolved by judges in Indonesia every year continues to increase. To improve the quality of the handling of cases, there must be a change in the criminal justice system. An effective and efficient criminal justice system is necessary, due to many unresolved cases in the court. Indonesia is already in the process of making changes to the Criminal Procedure Code (KUHAP), in the Criminal Procedure Code there is a Special Line system to facilitate the examination in the hearing. The system adopted the western system known as Plea Bargaining. Plea Bargaining's objective is the same as the Special Line for the efficiency of case handling time. The application of the Plea Bargaining concept is considered as a way out to overcome the accumulation of cases in the Indonesian judiciary, so that the principles of justice that are fast, simple and low-cost can be realized.Keywords: Criminal Case, Effective, Efficient, Special Line, Plea Bargaining
EKONOMI POLITIK ISLAM: PEMIKIRAN, PERGERAKAN DAN PERKEMBANGAN NYA DI INDONESIA Nasrullah, Aan
Ahkam: Jurnal Hukum Islam Vol 6 No 1 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2018.6.1.%p

Abstract

One of the dominant factors affecting the economic performance of a country is the political economy system used. The thougt and movement of Islamic political economic system will also affect the economic and financial practices of sharia (Islam). In the economic-political context, Indonesia is more likely to use a pattern of political systems that the government is to engage and interfere the economic and business fields. The movements of Islamic political economy in Indonesia based on periods are as the following: (1) at the beginning of independence and the period of the Old Order, the practice of Islamic political economy is reflected from the thoughts of the nation founding father, M. Hatta, with the concept of Indonesian Socialism or Religious Socialism. (2) in the New Order era, the political economy of Islam tends to disappear due to economic policy and political system at this time. (3) the politics of the reform period have a positive effect on the movement and development of Islamic economic politics. Stakeholders such as governments, academics and practitioners contribute actively to the movement of Islamic political economy.Keywords: Political Economy of Islam, Thought and Movement
PERAN PLENO KAMAR AGAMA MAHKAMAH AGUNG DALAM MENCAPAI TUJUAN PERUNDANG-UNDANGAN KELUARGA INDONESIA khiyaroh, khiyaroh
Ahkam: Jurnal Hukum Islam Vol 8 No 2 (2020): November
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.2.311-332

Abstract

The Plenary Meeting of the Supreme Court is a system established to maintain the unity of the application of the law and the consistency of the judge's decision. This system is carried out every year and starts in 2011. In the plenary meeting of the Supreme Court there is a division of rooms according to the abilities of each judge divided into five rooms. Namely the criminal chamber, civil chamber, state administration room, religious chamber, and military room. In the case of the plenary chambers of religion there are a number of things that are regulated every year and there are some rules that have been reformulated. With the existence of the plenary chamber of the Supreme Court of Religion, the rules in it partly reflect the purpose of family law legislation. But there are rules that are actually on the contrary to the goals of family law legislation. This paper aims to find out how the role of SEMA as a result of the Plenary Meeting of the Supreme Court of the Supreme Court has been in accordance with the objectives of Law No.1 of 1974 concerning marriage. This research is a library research with a juridical approach by looking at the legal rules and legal principles, and is analytic descriptive. The results obtained are the rules in the SEMA as the results of the plenary meeting of religious chambers are not all in line with the objectives of the Indonesian marriage law. Keywords: Supreme Court, Plenary Chamber, Purpose of Family Law.
PEMENUHAN HAK DAN TANGGUNG JAWAB KONSUMEN DAN PELAKU USAHA SEBAGAI UPAYA PERLINDUNGAN HUKUM MELALUI KONSEP PEMBERDAYAAN Siswati, Indri Hadi; Puspitasari, Reni Dwi
Ahkam: Jurnal Hukum Islam Vol 8 No 2 (2020): November
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.2.333-350

Abstract

Often the losses experienced by consumers in conducting transactions are the result of ignoring the responsibilities of business actors as stipulated in the Consumer Protection Law Number 8 of 1999 concerning Consumer Protection. The losses also happen because consumers often do not have the courage to defend their rights due to the lack of courage and helplessness due to a one-sided take-or-leave-it contract that gives business actors more authority so that the two parties are not in a balanced and equal position. Therefore, empowering consumers by showing their rights and how to defend their rights is important. Likewise, with the empowerment of business actors which emphasizes the fulfillment of their responsibilities, it is possible that the products and / or services offered have a small possibility of detrimental to consumers. In return, it also benefits to business actors in increasing the level of marketing of their products. Keywords: Empowerment, Consumers, Bussines Actors, Fulfillment or Rights and Responsibilities.
PENGALIHAN HAK ATAS TANAH UNTUK KEPENTINGAN UMUM MENURUT HUKUM ISLAM Latif, Faozi; Sunarko, Asep
Ahkam: Jurnal Hukum Islam Vol 8 No 2 (2020): November
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.2.287-310

Abstract

Transfer of land rights for public interest in the community often occurs. The transfer of land is done for various purposes, including the construction of roads, hospitals, places of education, places of worship and others. This research is pursued in the discussion of the process of transferring land rights in the public interest according to Islamic law and the consequences for the transfer of ownership rights to land in the public interest. This research uses library research. The results of the study explained that in Islamic law the transfer of land rights was carried out in the time of the Prophet and also shahaba. Transfer of land rights for public interest in Islam can be done through buying and selling or compensation and endowments. After the transfer of land rights, the rights to manage and use the land are transferred to the second party. Keywords: Land, Public Interests, Waqf.
KONSEP RADD DALAM KOMPILASI HUKUM ISLAM Billah, Mu'tashim
Ahkam: Jurnal Hukum Islam Vol 9 No 1 (2021): Juli 2021
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2021.9.1.27-54

Abstract

This research purposed to reveal the main concept of radd used in Indonesian Law according to KHI 193. This article focused on rights of a husband or a wife on radd and balanced distribution based on the opinion of Religious Court of Yogyakarta. This is a field research that used judges from Yogyakarta’s Religion Court as responden. This is a normative-descriptive research, with the theory of legal finding and legal interpretation to discuss the opinions of judges. The result of this research shows that (based on KHI 193) there are two interpretations of radd. First, either a husband or a wife should get the excess share of inheritance based on many interpretations. Grammatically, there is no exception for a husband or wife to get the excess share. Analogically, they have the rights on radd because it is equated with the concept of ‘aul, where husband and wife’s rights are reduced. Historically, judges accomodates the opinion of Uṡman who gave the spouses the right of share excess. Second, spouses have no right on excess share. Historically, there was an ijtihad made by jumhur considered that marital relationship ended by the decease of spouse. They accomodate the balanced distribution means that excess share is distributed proportionally based on each part.
HUKUMAN MATI BAGI ORANG YANG MURTAD DALAM PERSPEKTIF HADIS Mutawali, Muhammad
Ahkam: Jurnal Hukum Islam Vol 8 No 2 (2020): November
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.2.397-414

Abstract

Many Muslims who come out of their religion and embrace other religions with a variety of motives and reasons depending on their respective interests. This phenomenon seems to be a trend and lifestyle in the midst of the swift currents of globalization, democratic life, respect for Human right and religious freedom. In Islamic Criminal Law, apostasy (murtad) is a crime that is included in jarimah hudud. The punishment for apostates/riddah is the death penalty, and in the hereafter will get a reply in hell, this is in accordance with the message contained in the Qur'an and the Hadith of the Prophet Muhammad. This article explains the differences of opinion of the ulama regarding the punishment for the perpetrators of riddah / apostasy. Al-Qur'an does not specifically explain the punishment for apostates, it only stipulates the vanity of charity and in the hereafter will be given severe punishment. In the hadith of the Prophet which expressly punishes apostates with the death penalty. From the two sources of Islamic law as if there was a conflict. Therefore, it is very interesting to study considering that the problem of riddah is one of the problems in the study of Islamic criminal law which is always a concern of ulama and experts in contemporary Islamic law. Keywords: Riddah/Apostasy, Death penalty, Jarimah, Ta`zir
ANALISIS USHUL FIKIH MENGENAI KALENDAR ISLAM DALAM KONTEKSTUALISASI NASH-NASH HISAB DAN RUKYAT Saifurrohman, Ahmad; Azzafi, Ashif
Ahkam: Jurnal Hukum Islam Vol 8 No 2 (2020): November
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.2.373-396

Abstract

In modern era, in line with the rapid development of astronomy, many new problems arise. For example, the issue in the Islamic calendar which has long been debated is the difference in determining the beginning of the month of Ramadan, Shawwal, and Zulhijjah or Arafat. From the above issue, what exactly the problem is the unification of the Islamic calendar and how the reckoning experts and astronomers in the effort to unify the Islamic calendar. To solve these problems requires the right way such as the infant method or textual analysis, the causation method, and the taufiki method. Keywords: Unification of the Islamic Calendar, Islamic Calendar, Bayani, Causation, Taufiki, Interpretation.
JUAL BELI ONLINE DROPSHIPPING DALAM PERSPEKTIF MAQASHID SYARI’AH Tektona, Rahmadi Indra
Ahkam: Jurnal Hukum Islam Vol 9 No 1 (2021): Juli 2021
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2021.9.1.81-104

Abstract

Buying and selling which are conducted in muamalah form must hold on to the principles of Islamic law. Concomitant to technological developments, buying and selling also has developed by arise of online marketing. Online marketing allowed in islam as buying and selling conventionally. In online marketing, there is dropshipping system, which is the seller (dropshipper) can sells goods belongs to supplier by uploading images of the goods via internet. Dropshipping in an online marketing has weaknesses, so to minimize these weaknesses, in practice of dropshipping must be in accordance with maqashid syari'ah, which aims for the benefit. Dropshipping in an online marketing conducted through 2 (two) contracts are salam contract which is a contract between the seller (dropshipper) with the buyer, and wakalah contract which is a contract between the seller (dropshipper) with the supplier.

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