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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 306 Documents
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PRAKTIK DROPSHIPPING DALAM PERSPEKTIF HUKUM DAGANG DAN HUKUM POSITIF DI INDONESIA Enjum Jumhana; Nurul Intan Sari; Ina Widiana Chandra; Khumairoh Cahya Azhari; Azzahra Putri Larasati; Ferdy Hendriansyah; Aula Ahkam
TAHKIM Vol. 22 No. 1 (2026): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v22i1.13177

Abstract

The development of digital commerce has given rise to various new business models, one of which is the dropshipping system. This model allows business actors to sell goods without owning or physically storing inventory, as the products are shipped directly from suppliers to consumers. Despite its efficiency and accessibility, dropshipping raises several legal issues, particularly concerning transaction validity, legal certainty, and consumer protection. This study examines the practice of dropshipping from the perspective of commercial law and positive law in Indonesia and analyzes its normative implications for business liability and consumer protection. This research employs a normative legal research method using statutory, conceptual, and limited comparative approaches. The legal materials analyzed consist of trade and consumer protection regulations, as well as legal doctrines and scholarly opinions. Data analysis is conducted qualitatively through a normative-prescriptive approach. The findings indicate that dropshipping practices can be considered legally valid sale and purchase agreements provided they fulfill the elements of consent and good faith. However, the absence of specific legal regulations governing dropshipping in Indonesian positive law creates normative gaps and potential legal uncertainty. Legally, the dropshipper is positioned as a business actor who bears direct responsibility toward consumers, regardless of the supplier’s role. This study concludes that regulatory reinforcement and adaptive legal policies are necessary to ensure legal certainty and effective consumer protection in dropshipping practices within Indonesia’s digital trade system. Keywords: dropshipping, commercial law, positive law, digital trade, consumer protection
ALTERNATIF PENYELESAIAN SENGKETA DALAM EKONOMI SYARIAH: TINJAUAN YURIDIS NON LITIGASI Enny Ratnawati; Nasrullah; Ahmadi Hasan; Mariani
TAHKIM Vol. 22 No. 1 (2026): TAHKIM
Publisher : IAIN Ambon

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Abstract

Dispute resolution in the Islamic economy is an important aspect to ensure legal certainty, fairness, and the sustainability of business relationships between parties. Until now, dispute resolution through litigation has often been considered ineffective because it is formalistic, time-consuming, and costly. Therefore, non-litigation dispute resolution mechanisms are a relevant alternative and are in line with sharia principles that emphasize deliberation and peace. This article aims to examine the legal basis and models of non-litigation Islamic economic dispute resolution in Indonesia, including arbitration, negotiation, mediation, conciliation, and expert assessment. The research method used is normative juridical with a regulatory and case study approach. The results of the study show that non-litigation dispute resolution has advantages in terms of time efficiency, cost, and maintaining good relations between parties, although it still faces obstacles in the form of limited human resources and a lack of public awareness. Institutional strengthening and increased legal awareness are among the main factors in optimizing non-litigation Islamic economic dispute resolution in Indonesia. Keywords: dispute, islamic economics, non-litigation, legal awareness
EFEKTIVITAS PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PEMILU DI KOTA AMBON Nasrun Amir Amrullah; La Jamaa; Nasaruddin Umar; Abdul Jabar Abdul; Didin Baharuddin
TAHKIM Vol. 22 No. 1 (2026): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v22i1.13646

Abstract

Law enforcement issues are closely related to a series of criminal acts committed by perpetrators, one of which is election crimes, which require appropriate law enforcement. This study examines the effectiveness of law enforcement against election crimes in Ambon City and the factors influencing law enforcement against election crimes in Ambon City. Data were collected through field research, with the research locations being the General Elections Commission (KPU), Elections Supervisory Agency (Bawaslu), and the Ambon City Police and Lease Municipal Police. Data were analyzed using descriptive qualitative methods. The results of the study indicate that, first, the effectiveness of law enforcement against election crimes in Ambon City is carried out through the election crime enforcement mechanism, which begins when Bawaslu receives a report from the public or Bawaslu officials discovering alleged election crimes, which are then discussed with the Gakkumdu Center for follow-up. Second, law enforcement against election crimes in Ambon City is influenced by several factors, including: (a) legal culture, (b) public legal knowledge, (c) legal structure, and (d) legal substance. Keywords: crime, election, ambon city
PEMENUHAN HAK DAN KEWAJIBAN PASANGAN SUAMI ISTRI LONG DISTANCE MARRIAGE (LDM) DI KELURAHAN TAKOME: SUATU TINJAUAN KOMPILASI HUKUM ISLAM Indriyani Amir; Fatum Abubakar; Harwis Alimudin
TAHKIM Vol. 22 No. 1 (2026): TAHKIM
Publisher : IAIN Ambon

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Abstract

This study aims to analyze the practice of Long Distance Marriage (LDM) and the fulfillment of spousal rights and obligations in Takome Village, Ternate City, from the perspective of the Compilation of Islamic Law (KHI). The research uses a qualitative approach with an empirical-juridical research type, which combines the normative study of Islamic law with the social realities experienced by LDM couples. Data was obtained thru in-depth interviews, observation, and document study of eight married couples undergoing LDM, with the main background being economic factors. The research findings indicate that LDM in Takome Village varies in terms of the reasons, duration, and intensity of meetings, with the dominant motives being to earn a living, pay off debts, and build houses. Generally, the fulfillment of spousal rights and obligations is still ongoing, particularly for material support, protection, and communication, although the implementation of emotional support is limited due to distance. From an Islamic perspective, LDM can be justified as long as it is based on mutual agreement and does not disregard the fundamental obligations of husband and wife. This research confirms that the success of LDM is highly dependent on commitment, communication, and shared responsibility in maintaining household integrity. Keywords: long distance marriage, rights and obligations of husband and wife, islamic law compilation
PERLINDUNGAN HUKUM PARA PIHAK DALAM AKTA PERJANJIAN KERJA SAMA PENGELOLAAN APOTEK DIUBAH NOTARIS TANPA PERSETUJUAN Niko Al Ghifari; Felicitas Sri Marniati; Mulyadi
TAHKIM Vol. 22 No. 1 (2026): TAHKIM
Publisher : IAIN Ambon

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Abstract

A pharmacy management cooperation agreement that is legally made and meets the provisions of Article 1320 of the Civil Code binds the parties as law according to the principle of pacta sunt servanda. The agreement is generally set out in the form of an authentic deed made by a notary based on the Notary Law. However, in practice, there are changes to the pharmacy management cooperation agreement deed by a notary without the consent of the parties, which has the potential to cause legal problems. This study aims to analyze the legal consequences of changes to the pharmacy management cooperation agreement deed by a notary without the consent of the parties and the form of legal protection for the parties. The research method used is normative juridical legal research with a statutory approach and a case approach. The results of the study indicate that changes to the deed without the consent of the parties result in disruption of legal certainty and give rise to sanctions for the notary concerned. Therefore, effective legal protection is needed for the parties and strengthening the regulation of the prohibition of changes to the deed without the consent of the parties in the Notary Law. Keywords: legal protection; pharmacy management agreement; deed amendment
IMPLEMENTASI HAK RESTITUSI BAGI KORBAN KEKERASAN SEKSUAL ANAK: HAMBATAN DAN SOLUSI DALAM PERSPEKTIF VIKTIMOLOGI Afrinda; Ahmad Lonthor; Fauzia Rahawarin; La Jamaa; Syah Awaluddin; Ridwan Fauzi Lestaluhu
TAHKIM Vol. 22 No. 1 (2026): TAHKIM
Publisher : IAIN Ambon

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Abstract

This study aims to analyze the implementation of restitution rights for child victims of sexual violence and to identify obstacles and solutions from a victimological perspective. Although Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS) has provided normative reinforcement, the fulfillment of restitution rights in practice still faces significant obstacles. The research method used is normative legal research with a statutory and conceptual approach. The results indicate that the implementation of restitution is still far from ideal due to three main obstacles: normative obstacles related to the complexity of administrative procedures, structural obstacles in the form of law enforcement officials' lack of sensitivity in calculating losses, and substantial obstacles triggered by the perpetrator's financial inability. From a victimological perspective, the failure to execute restitution is a form of secondary victimization by the state. As a solution, this study recommends optimizing the role of the LPSK, activating the Victim Trust Fund mechanism as state compensation for indigent perpetrators, and implementing the seizure of the perpetrator's assets starting from the investigation stage to ensure the certainty of restoring the victim's rights Keywords: restitution, child sexual violence, victimology, victim recovery, UU TPKS

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