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Ahkam: Jurnal Hukum Islam

ahkam
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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 muâ€™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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MENGGALI NILAI-NILAI KEBANGSAAN DALAM PANCASILA SEBAGAI GROUNDNORM NEGARA KESATUAN REPUBLIK INDONESIA Mahardika, Ahmad Gelora
Ahkam: Jurnal Hukum Islam Vol 6, No 2 (2018)
Publisher : IAIN Tulungagung

The states value is based on the norm in the state of life. Pancasila (five principles) as the supreme legacy of the founding fathers is a groundnorm which is equal to life, liberty and the pursuit of the happiness which was created by USA founders or liberty, and is equal to egality and fraternity whichÂ was created by France philosophers. But, years after years, regime to regime, Pancasila becomes more difficult to be understood. Even, Pancasila often becomes the tools for the status quo to run his authority. Pancasila as an abstract norm, can only be interpreted by the authority. By watching and observing the office of government, the writer hopes to find the states value hidden in the Pancasila.Keywords: Values, states, Pancasila, authority

MENGKAJI PASAL-PASAL BIAS GENDER UU PERKAWINAN: Tawaran Pencegahan Kekerasan Terhadap Perempuan L, Lufaefi
Ahkam: Jurnal Hukum Islam Vol 6, No 2 (2018)
Publisher : IAIN Tulungagung

Man is created into a man and a woman. Both have equal rights in the perspective of God (Surat AtTaubah [9]: 71-72). But, as a matter of fact women often become marginalized person. One example is as illustrated in the contents of several articles of Indonesian marriage laws which are still gender- biased and discredit women. This applies in the definition of marriage which inferiorly disparages women; womens marriage age should be easier than men; legalized polygamy; the inferior position of the wife in the point of view of the husband and many other problems. This article is trying to see those problems from the perspective of religion, however violating the religious ideals that require justice. Therefore the solution of the problems is sought to fit with the ideals of religion. Through the approach of Islam, the above mentioned examples are contradictory to the teachings of Islam, because it is not in line with the vision of religion as a religion of justice, equality and glorification of women.Keywords: UUP, Gender Bias, Women, Equality

PENANGANAN PERSELISIHAN HASIL PILKADA KOTA SERANG OLEH MAHKAMAH KONSTITUSI Rahmawati, Nurlaili
Ahkam: Jurnal Hukum Islam Vol 6, No 2 (2018)
Publisher : IAIN Tulungagung

The dispute of local election result is related to difference of the way or amount of result in counting vote between local election commission as the institution of administratorâs election and participants of the local election. If only there is participants of local election who are unsatisfied with the result, they can submit the lawsuit to Constitution Court as regulation article 24C UUD 1945. The reason of dispute local election result inÂ Serang City is due to broken seal of vote voice box, and a lot of cheating done by the couples of candidates but the difference in vote between winners and losers is more than 2%. This research is using case study and descriptive-analysis method. The result is Constitution Court wouldnât judge the case, if the lawsuit doesnât comply to formal requisites: first, difference of voting count is not more than 2% of legal vote; second, the lawsuit submitted is not Constitution Courtâs authority; third, overdue factor related time of submit lawsuit, as the regulation, should be submitted on 3 (three) days after announcement.Keywords: Local Election Disputes, ConstitutionÂ Supreme Court

INTEGRASI HUKUM ISLAM DAN ADAT JAWA ATAS HARTA WARIS BAGI ANAK ANGKAT Sakirman,
Ahkam: Jurnal Hukum Islam Vol 6, No 2 (2018)
Publisher : IAIN Tulungagung

The status of adopted children in Islamic law and Javanese customs is still an interesting phenomenon to be studied in Islamic studies, especially to know the legal consequences of two dimensions, namely Islamic law and Javanese customs. Indeed, children are mandates that can be nurtured both physically and mentally by both parents. A child is worthy of life with all the needs sought by both parents as a form of responsibility. However, these conditions often cannot be felt by some children because one or both of their parents died. On that basis, it can cause a childs life condition no longer like a child in general who still has biological parents. Another problem arises from the possibility that both parents are not economically capable to finance their childrens lives. Thus, other children are taken to be adopted by other people. Child adoption ultimately has legal consequences for inheritance. In time the adopted child can be counted as a person who has the right to get the property of the adoptive parent after death and the existence of the adopted child has a position of inheritance. The method in this study uses a review of pure literature using analytical content. The final results of non-finalÂ writing indicate that according to Javanese custom, adoption of a child does not break the childs relationship with biological parents and adopted children nor are they biological children of adoptive parents, but adopted children are entitled to inheritance from their parents and also from people adoptive old man. Whereas according to Islamic law, cannot accept the existence of adopted child status over his position of inheritance from adoptive parents.Keywords: Javanese customs, inheritance, adopted children, Islamic law

IMPLEMENTASI PARLIAMENTARY THRESHOLD DALAM PEMILIHAN ANGGOTA DPRD PROVINSI DAN DPRD KABUPATEN/KOTA Fatih, Sholahuddin al
Ahkam: Jurnal Hukum Islam Vol 6, No 2 (2018)
Publisher : IAIN Tulungagung

Indonesia has held election since 1955. In several periods of election, there were changes of regulation. One of them is about Parliamentary Threshold. As known, Parliamentary Threshold has been applied in Indonesia in elections period of 2009 by 2.5%. In the 2014 elections, parliamentary threshold changed into 3.5% and did not apply nationally. In accordance to the mandate of the Constitutional Court Decision Number 52/PUU-X/2012, the parliamentary threshold applies only to count the number of a legitimate votes political party in the House of Representative (DPR). In election period of 2019, Parliamentary Threshold was increased to 4% and applies only to count the number of a legitimate votes political party in the House of Representative (DPR).Thus, at the level for Local House of Representative of Provincial DPRD and Regency/City DPRD shall not apply the provisions of the Parliamentary Threshold. This situation led to many political parties to parliament, which can be ineffectiveness of local government performance. Therefore, it is necessary to simulate Parliamentary Threshold to apply equitable parliamentary electionsÂ in Provincial DPRD and Regency/City DPRD and also the fair percentage of Parliamentary Threshold to create effective governance performance and simple multi-party system in region.Keywords: Implementation, Parliamentary Threshold, Election for Members of Provincial DPRD and Regency/City DPRD

EKSISTENSI HUKUM ADAT DALAM PENYELESAIAN KONFLIK PADA DAERAH OTONOM Warjiyati, Sri
Ahkam: Jurnal Hukum Islam Vol 6, No 2 (2018)
Publisher : IAIN Tulungagung

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

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 Bargainings 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

TIPOLOGI EPISTEMOLOGI HUKUM ISLAM (Analisis Metode Penetapan Awal Bulan Hijriyah Tokoh-tokoh Agama Tulungagung) Musonnif, Ahmad
Ahkam: Jurnal Hukum Islam Vol 7, No 1 (2019)
Publisher : IAIN Tulungagung

ABSTRACTThe epistemological features of Islamic Law increasingly vary along with the development of Islam. This is due to the interaction of the Muslims’ thinking with the development of new scientific and epistemological patterns developed at the new locus of Muslims. The focus of this research is analyzing the Islamic law epistemology of the Tulungagung religious leaders in the initial determination of the Islamic month. The research method used is interview and observation, and literature search. The analysis is then carried out with the epistemological approach of Islam. From the perspective of legal epistemology, Tulungagung religious leaders fluent in four epistemological categories, namely Bayani, Burhani, and Irfani, similar to the typology introduced by al-Jabiri. In addition, there are other epistemological features, namely taqli di-Ittiba'i, which are very close to the Sufism tradition.Keywords: Islamic Legal Epitemology, Tulungagung Religious Leaders, Determination of HijriCalendar.

PEMBENTUKAN BADAN PERADILAN KHUSUS DALAM PENYELESAIAN SENGKETA PEMILIHAN UMUM KEPALA DAERAH Esfandari, Fitria; Oktavia, Adibah; Astri, Isti Latifah
Ahkam: Jurnal Hukum Islam Vol 7, No 1 (2019)
Publisher : IAIN Tulungagung

ABSTRACTGeneral elections are the manifestation of democracy. General elections have a close relationship with the formulation of Article 1 Paragraph (1), Paragraph (2), and Paragraph (3) of the 1945 Constitution of the Republic of Indonesia stating that Indonesia is a unitary state, adheres to the people sovereign system, and is a law state. There is no democracy without elections. Therefore, the citizens’ right to choose and to be elected are constitutional rights protected by the Constitution. In its implementation, it still causes many problems. The most fundamental of which is the absence of a special judicial body in resolving the regional election disputes. The purpose of this study is to find out how the Constitutional Court presents the legal certainty as the results of the regional election disputes so far and how the ideal form of the special judicial body is dealing with disputes on regional election results nationally. The author uses a type of normative juridical research with the method of legislative, conceptual, and comparative approaches. Primary and secondary data used are statutory regulations, several jurisprudences, books, and legal journals. In this study, the author hypothesizes that the most ideal form of a special judicial body which handles election results disputes is to establish a special court named the State Administrative Court through the 1945 Constitution amendment mechanism which focuses on handling cases relating to the Executive, including the handling of disputes on regional election results.Keywords: Local Election, Special Judicial Agency,Constitutional Court

TINDAK PIDANA PELAKU PEMERKOSAAN ANAK DALAM PANDANGAN HUKUM ISLAM Dhahnia, Lyna Nazihud; Wahyu, Ade Rifkil; As'ad, Ali
Ahkam: Jurnal Hukum Islam Vol 7, No 1 (2019)
Publisher : IAIN Tulungagung

ABSTRACTThe number of child rape in Indonesia seems to be increasing. In today's modern age, the influence of social media to children is very rapid. Yet, the rapidity is not balanced with the adequate supervision of parents to the children. The data show that in the last four years, since 2014 to 2017, the cases of sexual violence against children increase into more than 50 percent of all cases of violence. Therefore, this research aims to propose, first, legal sanctions for perpetrators of child rape and, secondly, the child rape in the view of Islam. This research is library research. From this research, it can be seen that the legal sanctions for child rape in the view of law and Islam can be found in law no. 23 of 2002 concerning child protection and the Aceh qanun law no. 6 of 2014.Keywords: Criminal Act, Child Rape, Islamic Law

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