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INDONESIA
TAHKIM
Published by Institut Agama Islam Negeri Ambon
ISSN : 18580734     EISSN : 26545357     DOI : 10.33477/thk
Core Subject : Economy, Humanities, Art, Social,
Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Arjuna Subject : -
Articles 286 Documents
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PENEGAKAN HUKUM BAGI PELAKU TINDAK BULLYING DI KALANGAN PESERTA DIDIK Latifah, Siti
TAHKIM Vol. 20 No. 2 (2024): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v20i2.7971

Abstract

Violence against children causes trauma and injuries that endanger the physical and mental health of children, victims of bullying. This article aims to examine the factors that cause widespread bullying among students in schools, as well as law enforcement efforts against perpetrators of bullying in schools. The research results show that the general causes of bullying among students are family, social media and peers or the environment. Other factors causing bullying are due to ethnic differences, resistance to several groups, differences in physical condition, as well as economic and family background. Perpetrators of bullying against children are given criminal sanctions and diversion in accordance with the provisions of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection so as to provide a deterrent effect to perpetrators and protect other children from acts of bullying.. Key words: law enforcement, bullies, students, children
ANALISIS YURIDIS TERHADAP PERBUATAN MELAWAN HUKUM DALAM SENGKETA HAK PEKERJA MELALUI PUTUSAN NOMOR 287/PDT.G/2024/PN MDN Ira Safitri; Muhammad Yoga Pratama; Filzah Irshadi; Putri Juliani Br Tarigan; Salwa Sabrina; Parlaungan Gabriel Siahaan
TAHKIM Vol. 20 No. 2 (2024): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v20i2.8003

Abstract

This research examines the decision of the Medan District Court regarding the issue of unlawful acts committed by PT. Mandiri Tunas Finance in connection with termination of employment and uncertainty in payment of workers' rights. This problem highlights serious problems in the implementation of court decisions in Indonesia, especially in industrial relations, where legal decisions are often ignored. This research emphasizes the importance of enforcing court decisions to ensure justice and legal certainty in the Indonesian civil law system. The method used in this research is normative juridical. The discussion in this research shows two things, namely: the impact of PT non-compliance. Mandiri Tunas Finance regarding termination of employment and uncertainty in payment of workers' rights and emphasizes the importance of enforcing court decisions in the civil law system in Indonesia. This research concludes that PT. Mandiri Tunas Finance's response to the Medan District Court's decision highlights the need for consistent enforcement of civil law. Failure to pay workers their rights harms them and reduces public trust in the legal system. To prevent similar cases, it is important to ensure good implementation of court decisions to guarantee legal certainty, justice, public safety, and encourage legal development. Keywords: Workers' Rights, Unlawful Actions, Court Decisions
PENOLAKAN TERHADAP KEGIATAN PENGADAAN TANAH MENURUT FIKIH DAN UNDANG-UNDANG INDONESIA Artiyanto; Purwandari, Elce; Abbas, Syahrizal; Nurdin, Ridwan
TAHKIM Vol. 20 No. 2 (2024): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v20i2.8050

Abstract

ABSTRAK Rejection to Land Procurement activities for public interest purposes are complex issues that require an in-depth understanding from both Islamic law (fiqh) and Indonesian legislative perspectives. This study aims to identify the reasons for land rights holders' Rejection to Land Procurement and analyze the approaches used in fiqh and national law to address these Rejection. A qualitative method with a literature study approach was used in this research. Data collected includes primary, secondary, and tertiary legal materials relevant to Land Procurement issues and the rights of landholders. The study results indicate that, in Islamic fiqh, there is no standardized rule governing Rejection to Land Procurement; however, the principle of maslahat (benefit) serves as a primary basis for considering public interest without neglecting landholders' rights. On the other hand, Indonesian Law No. 2 of 2012 on Land Procurement for Development for Public Interest provides detailed procedures for handling Rejection, including provisions on compensation and legal recourse. In conclusion, fiqh offers greater flexibility based on government policy to balance individual rights with public interest, whereas Indonesian law is more structured in its regulatory resolutions. The novelty of this study lies in its comparative analysis between the normative fiqh approach and the positive law approach in Indonesia. This study recommends the integration of the maslahat principle within national legal practices to achieve fair resolutions and enhance awareness regarding land rights and obligations in the Land Procurement process. Keyword: Rejection, land procurement, fiqh, law legal  
ANALISIS HALAL SUPPLY CHAIN MANAGEMENT AYAM BROILER DI KOTA AMBON Latuconsina, Nahriah
TAHKIM Vol. 20 No. 1 (2024): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v20i1.8071

Abstract

This study aims to find out how the halal supply chain management process for broiler chickens in Ambon City and the role of BPJPH in supervising selected distributors of broiler chickens with a halal label in Ambon City. This research type is field research with a descriptive qualitative method. The research subjects were BPJPH or the Maluku Province Halal Certification Service Task Force and Broiler Chicken Distributors. The research focuses on the Supervision of halal products from BPJPH or the Provincial Halal Certification Service Task Force. While the techniques used were observation, interviews, and documentation. The results showed that the implementation of halal supply chain management in the mardika market did not work as it should, due to the transfer of duties and functions of the Indonesian Ulema Council (MUI) to the Organizing Body for Halal Product Guarantee (BPJPH). so almost all broiler chicken sellers do not know the function of BPJPH and do not know and have met with supervision from BPJPH or the Maluku Province Halal Certification Service Task Force. Lack of supervision from the Provincial Halal Product Assurance Service Task Force both at distributors and at retailers or small business actors in the mardika market in Ambon city. In addition to the Provincial Halal Certification Service Task Force, statements from several consumers that the products consumed must be halal because what is evident from their eyes is the appearance of the seller and the cleanliness of the sales process and do not pay much attention to the existence of a form of halal guarantee in the form of a halal logo on the product. sales process and do not pay much attention to the existence of a form of halal guarantee in the form of a halal logo on the product.. Keyword: halal supply chain management, BPJP
RELEVANSI KEHARAMAN BERTATO DENGAN LARANGAN DONOR DARAH BAGI ORANG BERTATO Nasution, Muhammad Arsad; Siregar , Rosnani; Baharuddin, Didin
TAHKIM Vol. 20 No. 2 (2024): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v20i2.8198

Abstract

Tattooing is a part of art that many people do. However, Islamic law prohibits people with tattoos, on the other hand, medical science also prohibits people with tattoos from donating blood. This article tries to explain whether there is a match (relevance) between the prohibition of tattooing according to Islamic law and the prohibition of blood donation for people with tattoos according to medical science. To answer this question, the author collects data from various sources of scientific writings in the form of books or journals that describe the prohibition of tattooing according to Islamic law and also scientific writings related to the prohibition of blood donation for people with tattoos according to health. This disclosure is important to explore to uncover the maqasid al-syari' in prohibiting the act of tattooing according to Islamic law. The results obtained from the scientific data above show that the Prophet Muhammad forbade his people from getting tattoos. This prohibition is stated in several hadiths of the Prophet Muhammad with a clear prohibition expression, namely using the phrase "la'ana" (Allah/Rasulullah curses). The use of this phrase for a legal act, namely getting a tattoo, shows that the act is forbidden. Medical also prohibits blood donation for people with tattoos, this is because the behavior of sticking needles and alcohol into the pores of the body is an act of damaging body parts. The reason for the medical prohibition for people with tattoos to donate blood is also the concern of contracting various diseases in the blood cells of people with tattoos caused by the needle being inserted into the blood vessels through the skin, and the entry of other substances into the blood cells. The prohibition of tattoos by the Prophet Muhammad SAW turns out to be in accordance with medical science which prohibits people with tattoos from donating blood. This conformity can be seen in the principles of Islamic law which forbids harmful acts, and medical also positions the act of tattooing as having harm. Keywords: Relevance, islamic law, tattooed, blood donation
NILAI FILOSOFIS KACAR KUCUR DALAM PERKAWINAN ADAT JAWA PERSPEKTIF AL-‘ADAH AL-MUHAKKAMAH DI DESA KERAS KABUPATEN JOMBANG Alkhusni, Muhammad Fatih; Kusumawati, Ita Rahmania; Mu’allim, Much.
TAHKIM Vol. 20 No. 2 (2024): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v20i2.8363

Abstract

Pelaksanaan adat kacar kucur dalam konteks pernikahan Jawa, yang merupakan tradisi turun-temurun dengan makna mendalam. Adat ini melibatkan pengantin pria yang menuangkan biji-bijian, rempah-rempah, dan uang logam ke pangkuan pengantin wanita, melambangkan tanggung jawab suami dan simbolisasi kasih sayang. Nilai filosofis yang terkandung dalam prosesi ini mencakup pengayoman, ketenangan, dan penghormatan antara suami dan istri, serta peran penting orang tua dalam membimbing pasangan pengantin. Dalam perspektif al-‘adah al-muhakkamah, kacar kucur dianggap tidak bertentangan dengan hukum Islam, sehingga eksistensinya tetap terjaga dalam masyarakat modern. Penelitian ini menekankan bahwa adat kacar kucur bukan hanya sekadar tradisi, tetapi juga mencerminkan nilai-nilai spiritual yaitu yang terdapat dalam al-qur’an surat an-nisa’ ayat 34, bahwa “Pria (suami) adalah pemangku pada tiap-tiap Wanita (istri) dikarenakan Allah sudah memperbesar mayoritas mereka (pria) pada mayoritas yang lain (wanita) dan sebab itu mereka (pria) sudah menafkahkan bebrapa dari kekayaannya. Kata Kunci: filosofi, kacar kucur, adat jawa, al-‘adah al-muhakkamah ABSTRACT Implementing the Kacar Kucur custom in the context of Javanese weddings, which is a tradition passed down from generation to generation with deep meaning. This custom involves the groom pouring grains, spices, and coins into the bride's lap, symbolizing the husband's responsibilities and symbolizing affection. The philosophical values ​​contained in the process include protection, calm and respect between husband and wife, as well as the important role of parents in guiding the bridal couple. In the perspective of al-'adah al-muhakkamah, kacar kucur is considered not to conflict with Islamic law, so its existence is maintained in modern society. This research emphasizes that the Kacar Kucur custom is not just a tradition, but also reflects spiritual values, namely those contained in the Al-Qur'an, Surah An-Nisa' verse 34, that "Men (husbands) are the guardians of every woman ( wives) because Allah has enlarged their majority (men) over the majority of others (women) and because of that they (men) have spent some of their wealth. Keywords : philosophy, kacar kucur, Javanese customs, al-'adah al-muhakkamah
INTEGRASI FIQH SIYASAH DALAM PRINSIP KEDAULATAN RAKYAT: STUDI TERHADAP PEMILU DI INDONESIA Mutiara Putri
TAHKIM Vol. 21 No. 1 (2025): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article examines the integration of Fiqh Siyasah in the principle of popular sovereignty in the context of general elections in Indonesia. In a democratic system, sovereignty is in the hands of the people, and elections are one of the main instruments to realize this principle. Democracy can be interpreted as people and power, democracy can also provide an understanding of a people's power, which is from the understanding obtained will provide a rule that can provide benefits and can protect their rights so that it can be implemented. This article focuses on the analysis from the perspective of Fiqh Siyasah on various important elements such as elections, popular sovereignty, election organizers, and dispute resolution of election results. Using the Fiqh Siyasah approach, this article seeks to understand how Sharia principles can be integrated with the modern democratic system, especially in the context of elections in Indonesia. Keywords: elections, people's sovereignty, fiqh siyasah.
ANALISIS PROMOSI OLEH INFLUENCER TERHADAP PELAKU JUDI ONLINE PERSPEKTIF MASLAHAH Aidil
TAHKIM Vol. 21 No. 1 (2025): TAHKIM
Publisher : IAIN Ambon

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Abstract

This study focuses on the impact of online gambling site promotion among affiliate marketers or influencers from the perspective of maslahah, so that people can be more aware and wise in receiving information related to online gambling. Referring to online gambling promotions that are not in accordance with the moral and ethical values ​​upheld by Islamic-based communities. This study uses a qualitative approach without direct interviews that can be done by analyzing the role of influencers in online gambling actors. The case study in this study takes examples of several cases of promotion carried out by online gambling site influencers that are widely published and get public or media attention. The data sources used in this study come from questionnaires and literature studies. The data obtained are then classified, reduced, validated and presented through conclusions. The results of the study show that promotions carried out by influencers have violated aspects of sharia economics. Maslahah is not reflected in online gambling events, so the actions of influencers who promote online gambling can be considered misleading. Keyword: promotion, influencer, online gambling, maslahah
PANDANGAN HUKUM ABDULLAHI AHMED AN-NA‘IM Amir, Ahmad Nabil; Abdul Rahman , Tasnim
TAHKIM Vol. 21 No. 1 (2025): TAHKIM
Publisher : IAIN Ambon

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Abstract

The paper discusses method of legal interpretation as set forth by Abdullahi Ahmed An-Naim in his works. His legal views takes a historical and contextualist approach in interpreting the text with critical reinterpretation of traditional understanding of the texts by taking into account the purpose of the Syari‘ (the Law Giver) as well as the underlying principle and ideal of the Shariah. By way of deconstruction the Shariah embodies new legal postulates contextually deducted from the text which corresponds to the current situation and context. The method of study is based on qualitative technique in the form of content analysis. It draws upon Miles & Huberman’s analytical methods and techniques, namely reducing and presenting data and drawing conclusion. The finding shows that Abdullahi Ahmed An-Naim aspired toward comprehensive and broad range of legal reform by accommodating and fitting the text with the legal provisions and requirement of modern context based on the instrumentality of maslahah. It sought to reform the legal aspects of Islamic law (syariah) through independent reasoning (ijtihad) and collective argument considering the possible spirit and perspective of its viability and continuity which developed and evolved in dynamic historical and cultural context. Keywords: Abdullahi Ahmed An-Naim, deconstruction, Islamic law
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENIPUAN DENGAN MODUS MEMBELI SERTA MENYERAHKAN HANDPHONE KORBAN DI RUMAH ORANG LAIN BMY, M. Akbar Adjiguna; Hasan, Zainudin
TAHKIM Vol. 21 No. 1 (2025): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v21i1.9137

Abstract

Fraud is a criminal act regulated in the Criminal Code (KUHP) and has serious consequences. However, the challenge they face in law enforcement is the difficulty in collecting strong evidence and identifying fake identities or operating outside the rule of law. Fraud is a crime that has property as its object. In the Criminal Code (KUHP), the crime of fraud is regulated in chapter XXV BOOK II and is contained in Article 378 which reads: Whoever, with the intention of unlawfully benefiting himself or another person, uses a false name or false dignity. who, by deception or a series of lies, induces another person to hand over something to him, or to give a debt or write off a receivable, is threatened for fraud with a maximum imprisonment of four years. Keywords: crime, fraud, criminal liability.

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