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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
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Articles 306 Documents
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KOEKSISTENSI NILAI TRADISI BATANATI MASYARAKAT PULAU BURU DENGAN HUKUM ISLAM Haryanti, Tuti; Ramsay, Sahur; Siompu, Risna
TAHKIM Vol. 21 No. 1 (2025): TAHKIM
Publisher : IAIN Ambon

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Abstract

Batanati is a tradition of the Batujungku community on Buru Island which is carried out before a celebration. The community helps each other by handing over a sum of money to the owner of the celebration and is mandatory. This study aims to explore the substantive values ​​of the batanati tradition of the Buru Island community and its coexistence with Islamic law. This study uses empirical research using primary and secondary data. Furthermore, the data obtained is then analyzed based on the perspective of Islamic law. This study uses a conceptual and historical approach to reveal the coexistence of the substantive values ​​of the batanati tradition with Islamic law. The results of the study show that the batanati tradition is an interaction between individuals that contains local wisdom, namely the values ​​of mutual assistance, unity, togetherness and brotherhood. These values ​​become a reference and are cultivated by the community in each generation so that they become a social force. In an Islamic perspective, the batanati tradition is categorized as 'urf Sahih because it is a habit that has been carried out from generation to generation and can also be accepted and carried out by many people and does not conflict with sharia'. Therefore, the Batanati tradition needs to be maintained and the Batanati tradition continues to prioritize deliberation and consensus in order to be in line with Islamic values. Keywords: batanati tradition, islamic law, values
AKULTURASI TRADISI TAHLILAN MASYARAKAT KECAMATAN SULABESI TIMURDALAM TINJAUAN KAIDAH ‘URF Sanaba, M.Gadri; Abbas , Abdul Haris; Alimuddin, Harwis
TAHKIM Vol. 21 No. 1 (2025): TAHKIM
Publisher : IAIN Ambon

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Abstract

The tahlilan tradition is one of the ritual habits of the people of East Sulabesi Subdistrict that has existed since ancient times. The tradition is carried out by reading sentences of dhikr to Allah. The people of East Sulabesi Subdistrict see the importance of carrying out the tahlilan tradition because it is believed to be part of the Islamic religion. This research aims to find out the understanding of the people of East Sulabesi Subdistrict in carrying out the tahlilan tradition, then to find out about the causes and consequences of the people of East Sulabesi Subdistrict carrying out the tahlilan tradition, and to find out the legal status of the tahlilan tradition in the perspective of the sociology of Islamic law. The method used in this research is a qualitative research method that describes the results of interviews, observations, and documentation found in the field. Then the results of the research were analyzed using the ‘Urf  rule approach that “custom is an action that is continuously carried out by humans, because it is acceptable to humans, and humans repeat it continuously”. The results of this study found that the tahlilan tradition carried out by the people of East Sulabesi sub-district has a philosophy contained in general propositions. Tahlilan is performed because there are people who die, children who graduate from school, and as a gratitude to God for the achievement of their wishes. Furthermore, the tahlilan tradition carried out by the people of East Sulabesi sub-district is currently part of the shahih ‘Urf , which is a custom that does not challenge the arguments of the Qur'an and sunnah. Keywords: tahlilan tradition, ‘Urf , east sulabesi community
PORNOAKSI DALAM HUKUM POSITIF PERSPEKTIF HUKUM PIDANA ISLAM Aisa, Nora; Rozzi, Fakhlur
TAHKIM Vol. 21 No. 2 (2025): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v21i2.10821

Abstract

This research is motivated by the fact that pornography, as regulated by positive law, is limited to acts that display nudity in public, whereas in Islamic law it is not limited and is considered a sinful act. Given the limitation of pornography in positive law and the lack of such restrictions in Islamic law, this paper aims to analyze the perspective of Islamic criminal law on the crime of pornography in positive law. This research is qualitative. The focus of this research is the perspective of Islamic criminal law on the crime of pornography in positive law. The reasons are: first, because Islamic law does not regulate the criteria for pornography. Second, in positive law, pornography is limited to acts that display nudity and other acts that lead to pornography. The results of this research conclude that the criteria for pornography are regulated in Law No. 44 of 2008, Article 10, and are included in the category of ta'zir crimes because they are regulated in a law enacted by an authorized official or ulil amri. Keywords: pornoaction, Islamic criminal law
ANALISIS POLITIK HUKUM PEMBENTUKKAN INSTRUKSI PRESIDEN (INPRES) NOMOR 1 TAHUN 2022 TENTANG OPTIMALISASI PELAKSANAAN PROGRAM JAMINAN KESEHATAN NASIONAL (JKN) Yati, Lisa Medika
TAHKIM Vol. 21 No. 2 (2025): TAHKIM
Publisher : IAIN Ambon

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Abstract

Health is a human right and must therefore be realized in accordance with the ideals of the Indonesian nation as enshrined in the Pancasila and the 1945 Constitution of the Republic of Indonesia. In early 2022, President Joko Widodo issued Presidential Instruction (Inpres) Number 1 of 2022 concerning the Optimization of the Implementation of the National Health Insurance (JKN) Program. This is intended to encourage Indonesians to register for the JKN program through the BPJS Kesehatan (Social Security Agency). Based on the Presidential Instruction issued by President Jokowi, JKN will collaborate with 30 Indonesian Ministries. This includes requirements for obtaining driver's licenses (SIM), vehicle registration certificates (STNK), police clearance certificates (SKCK), membership for prospective Hajj and Umrah pilgrims, and requirements for obtaining BPJS Mandatory People's Business Credit (KUR). The implementation of Presidential Instruction (Inpres) Number 01 of 2022 concerning the Optimization of JKN requires JKN program participation as an attached requirement for public service processes. This policy tends to force people to join BPJS Kesehatan. Many parties are pro and con regarding Presidential Instruction Number 1 of 2022. This prompted the author to analyze this matter, with the formulation of the problem: Does the formation of Presidential Instruction Number 1 of 2011 concerning the Optimization of the Implementation of the National Health Insurance Program comply with the regulatory formation process? What is the legal policy of the formation of Presidential Instruction Number 1 of 2011 concerning the Optimization of the Implementation of the National Health Insurance Program? The purpose of this research is to examine the legal policy of the formation of Presidential Instruction Number 1 of 2021 concerning the Optimization of the Implementation of the National Health Insurance Program. The type of research conducted is normative research (literature). Normative law is intended to examine and examine the legal norms of Presidential Instruction Number 1 of 2011 concerning the Optimization of the Implementation of the National Health Insurance Program. The results of this research, first, the formation of Presidential Instruction Number 1 of 2022 does not comply with the proper legal regulation-making procedures and harms the public service system. Second, the legal policy of the formation of Presidential Instruction Number 1 of 2022 is legally repressive. Keywords: health, JKN, BPJS, Presidential Instruction, services
STUDI HUKUM ATAS PENYIMPANGAN WEWENANG KEPALA DESA DALAM PENGELOLAAN DANA DESA TERKINI Hidayatullah, Sulthon; Wicaksono, Demas Brian; Soetijono, Irwan Kurniawan
TAHKIM Vol. 21 No. 2 (2025): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v21i2.10908

Abstract

As an archipelagic nation with a vast territory, Indonesia prioritizes decentralization as a key strategy, one of which is granting villages autonomy to regulate and manage their own finances. However, the practice of abuse of authority by village heads in managing village funds remains common, resulting in corruption and declining public trust in village government. This study aims to analyze the legal aspects and oversight system for abuse of authority by village heads based on the provisions of Law Number 3 of 2024, amending Law Number 6 of 2014 concerning Villages. The approach used in this study is a normative juridical approach, using statutory analysis and a conceptual approach. Data sources were obtained from legal literature and other related documents. The results indicate that although regulations prohibiting and sanctioning abuse of authority exist, oversight is still suboptimal. Village heads found to have violated the law can be subject to administrative or criminal sanctions depending on the severity of the offense. Ideally, village fund oversight should be carried out in an integrated manner through internal mechanisms by the Village Consultative Body, external oversight by state institutions such as the Supreme Audit Agency (BPK) and the Inspectorate, and through active community involvement. The conclusion of this study emphasizes the need to strengthen the oversight function, increase the capacity of village heads and their staff, and utilize information technology in budget reporting to achieve transparent, accountable, and public-interest village fund management. Keywords: village head authority, village funds, legal oversight, accountability
YURISPRUDENSI HUKUM PENYELESAIAN SENGKETA KEWARISAN BEDA AGAMA DI PENGADILAN AGAMA PERKARA NOMOR 0042/Pdt.G/2014/PA.Yk DAN PUTUSAN KASASI NOMOR 218/K/Ag/2016 Zikri, Muhammad; Sukiati; Harahap, Mhd Yadi
TAHKIM Vol. 21 No. 2 (2025): TAHKIM
Publisher : IAIN Ambon

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Abstract

The inheritance dispute in Supreme Court Decision Number 218 K/Ag/2016 highlights the complexity of applying Islamic inheritance law in a pluralistic society, particularly when religious differences exist between the deceased and the parties claiming inheritance rights. The conflict arose when the estate of a Muslim decedent was claimed and controlled by non-Muslim relatives. The plaintiffs, who were the decedent’s paternal half-siblings, filed a lawsuit in the Religious Court, arguing that the defendants, being Catholic, were not entitled to inherit under Islamic law. Additionally, the plaintiffs alleged that the land certificate was obtained unlawfully through falsified documents, making its legal validity questionable. This study employs a normative juridical method, utilizing statutory and case approaches. The data were collected by reviewing court decisions from the first instance to the appellate and cassation levels. A qualitative analysis was conducted to examine the judges’ legal reasoning and the application of Islamic inheritance principles. The findings indicate that religious conformity between the deceased and the heirs is a fundamental requirement in Islamic inheritance law. A difference in religion constitutes a legal barrier to inheritance (mawānī al-irth), reaffirming that non-Muslims cannot inherit from Muslims according to Islamic legal doctrine Keywords: jurisprudence, inheritance, different religions
MEDIASI KELUARGA DALAM KRISIS: ANALISIS RENDAHNYA KESADARAN PUBLIK TERHADAP BP4 DALAM SISTEM PENYELESAIAN SENGKETA PERKAWINAN DI INDONESIA Rahmatullah, Reza; Muhammad, Fauzi; Mursalin, Ayub
TAHKIM Vol. 21 No. 2 (2025): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v21i2.11419

Abstract

This study aims to critically examine the low utilization of the Marriage Advisory, Guidance, and Preservation Agency (BP4) as a family mediation institution for resolving domestic conflicts in Indonesia. Based on a review of literature, regulatory documents, and previous research findings, it is known that BP4 has not been functioning optimally due to various structural, normative, and cultural factors. The results indicate that limited human resource capacity, inadequate budget and operational facilities, and low professionalism of mediators are the main obstacles in implementing BP4's mediation function. Furthermore, BP4's lack of integration with the formal legal system and the absence of regulations mandating pre-suit mediation have caused this institution to lose its legitimacy and strategic role. Negative public perceptions of the effectiveness of BP4 mediation also exacerbate low participation in this service. Using a theoretical approach based on legal awareness and conflict resolution, this study emphasizes the need for institutional reform of BP4, including strengthening regulations, training certified mediators, digitizing services, and increasing public trust. Comprehensive reform of this area is essential so that the BP4 can effectively carry out its preventive and resolutive functions in preventing divorce and strengthening family institutions in Indonesia. Keywords: BP4, family mediation, divorce, dispute resolution
URGENSI HIFZ AL-DĪN DALAM PENETAPAN HAK ASUH ANAK DI MALAYSIA: TINJAUAN MASLAHAH MURSALAH Khairul, Mohd; Pramadani, Putrina Srimulya; Haj, Hakan Alfijar; Muhammad, Pauzi; Mursalin, Ayub
TAHKIM Vol. 21 No. 2 (2025): TAHKIM
Publisher : IAIN Ambon

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Abstract

Instilling religious values in children is a primary responsibility of every Muslim parent. This is crucial because religious education will shape children's behavior and morals in accordance with Islamic teachings. In this context, attention to children's religious education applies not only to intact families but is also highly relevant in situations of parental divorce. Children of divorced couples often face psychological and social instability, making the instilling of religious values a crucial factor in maintaining balance in their lives. In Malaysia, child custody, or hadhanah, is regThis study aims to analyze hadhanah regulations in Malaysia with a focus on protecting children's religious values. This study uses a normative approach, namely an approach that examines the law based on applicable norms, and uses the theory of maslahah mursalah as the basis for analysis. This research method is library research, with data sources derived from various scientific works such as journals, books, theses, and dissertations. Based on the results of the study, it was found that judges in the Malaysian Sharia Court place religious aspects as the primary consideration in deciding hadhanah cases. This indicates that protecting a child's religion is seen as part of hifdz al-dīn (maintaining religion), which is included in the hajiyah level in the hierarchy of needs according to maqāṣid al-sharī‘ah. Thus, hadhanah regulations in Malaysia are in line with sharia principles that emphasize the welfare of the community.ulated by Islamic family law. One crucial aspect of this regulation is protecting the child's religious beliefs to ensure they remain in line with Islamic beliefs and teachings, particularly when one parent is of a different religion or does not consistently practice Islam. Key words: Hadhanah, protection, religion, children.
PERSPEKTIF KRIMINOLOGI: ANALISIS TERHADAP PENYEBAB PENINGKATAN TINDAK PIDANA OLEH WARGA NEGARA ASING DI INDONESIA Aliffia Ramadita Marani; Sohirin; M. Alvi Syahrin
TAHKIM Vol. 21 No. 2 (2025): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v21i2.11477

Abstract

Globalization and technological advances have led to increased human mobility across national borders, resulting in a rise in the number of foreign nationals (WNA) in Indonesia. While this phenomenon has brought positive impacts, it has also been accompanied by an increase in the number of crimes committed by foreign nationals. This study aims to analyze the causal factors (etiology) behind this increase through various criminological perspectives. Using a descriptive qualitative research method and a literature review approach, this study identifies the dominant types of criminal activities, ranging from visa abuse, cybercrime, to drug trafficking. The analysis results indicate that the primary causes of criminal activities by foreign nationals are multifactorial, including economic and lifestyle pressures, opportunities (weak supervision and easy access to technology), and rationalization of actions supported by cultural deviance. In response, a social crime prevention approach that focuses on mitigating root causes and reducing opportunities is a relevant strategy to implement. This study concludes that a comprehensive understanding of criminal etiology is necessary to formulate more effective and adaptive prevention policies. Keywords: criminal etiology, criminal acts by foreign nationals, social crime prevention, immigration
ANALISIS PEMIKIRAN PROF ALI YAFIE TERHADAP PENGELOLAAN EKOLOGI BERKELANJUTAN MELALUI PRINSIP HIFZ AL BĪʻAH Faizal; Abd Rahman R; Zaenal Abidin
TAHKIM Vol. 21 No. 2 (2025): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v21i2.11506

Abstract

This article aims to analyse Prof. Ali Yafie's thoughts on hifz al-bī'ah (environmental preservation) in the context of Maqāṣid al-Syarīʻah and its implications for sustainable ecological management. This study employs a literature review method, involving the collection and analysis of various relevant sources, such as books, scientific articles, and documents related to Prof. Ali Yafie's thoughts and the principles of hifz al-bī’ah in Islam. The results of the study show that Prof. Ali Yafie views environmental conservation as part of humanity's responsibility as khalīfah on earth, which is not only related to moral aspects but also to Islamic religious teachings. His thoughts integrate hifz al-bī’ah as part of Maqāṣid al-Syarīʻah, which focuses on five main objectives, namely religion (dīn), soul (nāfs), intellect (‘aql), offspring (nāsl), and wealth (māl), with the addition of the environment as a component that must be protected. In the discussion, this article also reveals practical solutions offered by Prof. Ali Yafie to address ecological challenges such as climate change, deforestation, and pollution, involving a paradigm shift in development, ecological awareness, and active community participation. The implications of this thinking are highly relevant in developing sustainable development policies, particularly in developing countries like Indonesia, by integrating Islamic values into natural resource management and environmental conservation. Keywords: hifz al-bī’ah, maqāṣid al-syarīʻah, environmental conservation, sustainable ecological management

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