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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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HUKUMAN HADD PELAKU ZINA: ANALISIS TAFSIR KLASIK DAN KONTEMPORER SURAT AN-NUR AYAT 1-3 Aisy, Mafaza Rohadatul; Imawan, Dzulkifli Hadi
TAHKIM Vol. 21 No. 1 (2025): TAHKIM
Publisher : IAIN Ambon

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Abstract

This study examines the hadd punishment for adultery through an interpretive analysis of the Qur'an Q.S An-Nur verses 1-3 and the hadith, and makes a comparison with Article 284 of the Criminal Code (KUHP) from the perspective of Indonesian law. This study uses a qualitative approach, with a library research method. This study uses primary sources: classical tafsir books by Ali Al-Shabuni, Wahbah Zuhaily, Al-Qurthubi, and other commentators. Supporting data were obtained from a review of relevant academic books and journals. The results of the study indicate that Islamic law views adultery as a serious violation that is categorized based on the perpetrator's marital status, namely ghairu muhshan (unmarried) and muhshan (married), with different legal implications. In this regard, there is an overlap between Islamic criminal law and Indonesian positive law in viewing adultery, although Islamic law offers a more comprehensive scope. This study confirms that hadd punishment in Islam is a form of holistic protection of Human Rights, including the rights of other parties. Unequal punishment for human rights violators on the grounds of respecting human rights is a disregard for the principle of human rights itself. Keywords: interpretation, zina, hadd
ANALIS IS PERUBAHAN UNDANG-UNDANG NOMOR 32 TAHUN 2024 TERHADAP UNDANG-UNDANG NOMOR 5 TAHUN 1990 TENTANG KONSERVASI SUMBER DAYA ALAM HAYATI DAN EKOSISTEMNYA DARI PERSPEKTIF HUKUM PIDANA Faiza Ramadani Abrar; Yenny Fitri Z
TAHKIM Vol. 21 No. 1 (2025): TAHKIM
Publisher : IAIN Ambon

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Abstract

This study is related to the analysis of changes to Law Number 32 of 2024 against Law Number 5 of 1990 concerning Conservation of Biological Natural Resources and their Ecosystems. From this change, it can be seen the government's efforts to update regulations for the implementation of national development in the preservation of biodiversity and management of its ecosystem in Indonesia. The study aims to determine what changes are made to the regulations in Law Number 32 of 2024 against Law Number 5 of 1990 concerning Conservation of Biological Natural Resources and their Ecosystems and the analysis of changes to Law Number 32 of 2024 concerning Conservation of Biological Natural Resources and their Ecosystems associated with legal certainty. This study uses normative research, using library materials as research sources, namely Law Number 5 of 1990 and Law Number 32 of 2024 concerning Conservation of Biological Natural Resources and their Ecosystems. The results of this study found 4 articles related to criminal law, namely Article 19, Article 21, Article 33, and Article 40. Law Number 32 of 2024 concerning Conservation of Biological Natural Resources and Ecosystems has provided better legal certainty because this Law provides adjustments to developments in environmental issues and global challenges and provides space for increasing the effectiveness of the implementation of natural resource conservation in Indonesia. This study is expected to contribute to the understanding of changes in conservation regulations and their implications for the management of biological natural resources and ecosystems in the future. Keywoards: conservation, biological natural resources, ecosystems
TINJAUAN HUKUM ISLAM TERHADAP PELAKSANAAN UNDIAN BERHADIAH (STUDI KASUS TOKO ASRIN SIREGAR PIDOLI DOLOK KECAMATAN PANYABUNGAN) Yuli Anti; Nabila Zakiyah; Rini Maya Saroh Siregar
TAHKIM Vol. 21 No. 1 (2025): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v21i1.9605

Abstract

This study examines the Islamic legal review of the implementation of a prize draw at the Asrin Siregar Shop, Pidoli Dolok, Panyabungan District. The implementation of the Prize Draw is to attract consumers by creating a member program in the Prize Draw. Prizes are given if they have sufficient points determined by the Asrin Siregar Shop. The requirements to be able to participate in the Prize Draw, consumers must complete the administration and pay Rp10,000. In purchasing an item with a nominal value of Rp20,000, they will get one point, while to get a prize they must have 200 points. This study is a field study, located at the Asrin Pidoli Shop, Panyabungan District. The results of this study indicate that the form of the draw at the Asrin Siregar Shop is a draw that is prohibited in Islamic law, namely a draw with conditions and a draw with costs, and the draw is included in one of the draws that contains elements of harm or damage. Keywords: ju'alah, prize draw, maisir, islamic law.  
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
AKIBAT HUKUM PEMBATALAN AKTA NOTARIS BERDASARKAN PUTUSAN PENGADILAN DALAM SENGKETA PERDATA Lubis, Fauziah; Putri, Deby Octafiani; Iwani, Syadzwina Rasyiah; Jelita, Retina Putri; Natalia, Tita Nazwa; Zakiva, Annisa Humayro; Fadilah, Rifai
TAHKIM Vol. 21 No. 1 (2025): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v21i1.10670

Abstract

This study aims to analyze the legal basis for the cancellation of a notarial deed and explain the legal consequences that arise on the status of the deed, the notary's responsibility, and the rights of the parties, as well as to examine legal protection for third parties in good faith. Cancellation of a notarial deed in a civil dispute is an important issue because the deed functions as authentic evidence with perfect evidentiary power. However, the deed can be canceled if there is a violation of the formal and material requirements according to the provisions of the Civil Code and Law Number 2 of 2014 concerning the Position of Notary. The research method used is normative juridical with an approach to statutory regulations, legal doctrine, and court decision studies. The results of the study show that the cancellation of the deed eliminates its authentic power and gives rise to civil, criminal, administrative, and ethical responsibilities for the notary, as well as having an impact on derivative agreements and the rights of third parties. Therefore, caution is needed in notarial practices as well as strengthening supervision and legal updates that are responsive to developments in the digital era. Keywords: cancellation of notarial deed, notary's responsibility, third party protection

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