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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 296 Documents
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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

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

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
PENGATURAN HUKUM TERHADAP ANAK PELAKU MUCIKARI PROSTITUSI ONLINE MELALUI APLIKASI MICHAT (STUDI PUTUSAN NOMOR 5/PID.SUS-ANAK/2021/PN CRP) Afifah Fauzziyyah; Fitri Z, Yenny
TAHKIM Vol. 21 No. 2 (2025): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v21i2.11508

Abstract

The phenomenon of prostitution can be said to be a crime, where prostitution is an activity and action that violates the rules and norms that apply in society, including deviant acts. Now in this digital era, actions are developing, both in terms of perpetrators and practices. Prostitution comes from the Latin pro-stituere or pro-stauree, which means allowing oneself to commit adultery, committing prostitution. While prostitution is a prostitute or prostitute. The crime of online prostitution is a form of crime in cyberspace, where sexual services are provided via the internet. Online prostitution is a type of cybercrime that happens in the online world. It is considered a harmful activity. This crime can involve both adults and young people. The study aims to look at how criminal punishments are applied to children who break the law, based on the decision from the Curup District Court, Case Number 5/Pid.Sus-Anak/2021/Pn Crp. The research uses a normative approach, which means it focuses on legal rules and uses legal documents as the main source of information. Keywords: online prostitution, michat application, minors
PENERAPAN HUKUM PIDANA ISLAM DALAM MENANGGULANGI DAMPAK NEGATIF JUDI ONLINE PADA MASYARAKAT Musli, ode; Tubaka, Abdul Manaf; Haryanti, Tuti; La Jamaa
TAHKIM Vol. 21 No. 2 (2025): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v21i2.11891

Abstract

This research examines the application of Islamic criminal law in addressing the negative impacts of online gambling on society, both socially and economically. The main objective of this study is to analyze the effectiveness of applying Islamic criminal law in dealing with the negative impacts caused by online gambling through a normative juridical approach. The method used is normative juridical, examining laws and regulations, fatwas, and the principles of Islamic criminal law relevant to online gambling issues. The findings show that although Islamic criminal law is firm on gambling, its application within Indonesia's positive law has not been fully effective in mitigating the negative impacts of online gambling. In conclusion, the application of Islamic criminal law can be an alternative solution to address the negative impacts of online gambling, but it requires harmonization with the prevailing positive law in Indonesia. Additionally, preventive efforts from the government and society are necessary to prevent the spread of online gambling. Keywords: Islamic criminal law, online gambling, social impact, preventive efforts

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