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Al Ahkam
Published by Universitas Islam Negeri Sultan Maulana Hasanuddin Banten
ISSN : 19781970     EISSN : 26563096     DOI : https://doi.org/10.37035/ajh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Al-Ahkam adalah jurnal ilmiah berkala yang diterbitkan oleh Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten 2 kali dalam setahun yaitu setiap bulan Juni dan Desember. Jurnal ini memiliki visi yang terdepan dalam menyebarluaskan hasil pemikiran di bidang hukum. Redaksi Al-Ahkam menerima naskah artikel berupa hasil penelitian, resensi buku, pemikiran hukum yang sesuai dengan sistematika penulisan kategori masing-masing artikel yang telah ditentukan oleh pihak redaksi. Fokus jurnal ini rumpun ilmu hukum, hukum Islam, politik hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 218 Documents
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Setting The Parliamentary Threshold (PT) in The Context of Law Number 7 of 2017 Concerning General Elections Based on People's Sovereignty Article 1 Paragraph (2) of The 1945 Constitution of The Republic of Indonesia Idrus Idrus
Al Ahkam Vol. 18 No. 1 (2022): Januari-Juni 2022
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v18i1.5726

Abstract

Many policies and regulations (Laws) are made and produced with the aim of realizing democracy. The government's efforts are: First, to amend the 1945 Constitution, namely by adding clear rules. Third, holding general elections as a manifestation of the realization of the revitalization of several political laws with the aim of determining party delegates who will sit in parliamentary seats by taking into account the seat quota, so that the presidential system expected by the 1945 Constitution is realized. Reforms in the field of law that have occurred since 1998 have been institutionalized through the amendments to the 1945 Constitution. The spirit of the amendments to the 1945 Constitution is to encourage the establishment of a more democratic state structure. Amendments to the 1945 Constitution since the reformation were carried out four times; Theoretically, the threshold or also known as the threshold in the electoral system is the minimum support limit that every political party must have in order to get its representative seat in parliament. There are two types of thresholds in elections: the parliamentary threshold and the presidential threshold. The parliamentary threshold is the minimum percentage of the total that must be obtained by every political party that has been legally participating in the election to then be included in the counting of seats in the parliament.Parliamentary Threshold 2009 Election, Article 202 of Law No. 10 of 2008 explains that political parties participating in the election must meet the threshold for obtaining votes of at least 2.5 percent of the number of valid votes nationally to be included in determining the acquisition of seats in the DPR. In the 2014 General Election, the Election Contesting Political Parties must meet the threshold for obtaining votes of at least 3.5% (three point five percent) of the number of valid votes nationally to be included in determining the seat acquisition for members of DPR, Provincial DPRD, and Regency/Municipal DPRD. . Parliamentary Threshold in the 2019 Election, Political Parties Contesting in the Election must meet the threshold for obtaining votes of at least 4% (four percent) of the total number of valid votes nationally to be included in determining the acquisition of seats for members of the DPR". implemented, but how can the democracy materially be implemented based on the philosophy or ideology adopted by a nation or state.Keywords: parliamentary threshold, people's sovereignty, general election
Tinjauan Yuridik Perkawinan Beda Agama Dalam Perspektif Hukum Perkawinan dan Hak Asasi Manusia Novian Angga Saputra
Al Ahkam Vol. 18 No. 1 (2022): Januari-Juni 2022
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v18i1.6097

Abstract

The law has the function of providing certainty to human actions, the existence of Law No.1 of 1974 concerning Marriage has not been able to provide clear legal certainty such as interfaith marriages in Indonesia. Marriage is carried out using the laws of their respective religions, and in human rights, freedom of religion and marriage is something that cannot be interfered with. Research shows that the marriage law does not provide certainty for couples who hold interfaith marriages, there is still a blurring of norms regarding interfaith marriages and conflicting norms regarding the validity of marriages with freedom of religion, furthermore Interfaith marriages are considered discriminatory, because belief is a basic right that has been protected by law and no one is allowed to interfere with it, then this phenomenon causes consequences for one of the parties to submit to the belief of their partner.
Penguatan Pendidikan Pesantren Pasca Penetapan Undang-Undang Nomor 18 Tahun 2019 Tentang Pesantren Bazari Syam; Ade Fartini
Al Ahkam Vol. 18 No. 1 (2022): Januari-Juni 2022
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v18i1.6180

Abstract

The Indonesian constitution UUD 1945 has a mandate to educate the nation's citizens by upgrading the human resources through education and in particularly, that deals with the Law Nomor 20/2003 on National Education as a government effort to upgrade the education. The Indonesian education recognizes both formal education as well as an informal one. Pesantren Education as the oldest education institution in Indonesia has special and unique characteristics. Even though its existence has been so long time, however it still has a minor attention from the government. Since the Indonesian independence, the Pesantren has no special protection in which protects the Pesantren specifically in the Nasional Education Law System. There is only one chapter that mentions Pesantren so that it makes the problems and challenges collides each other due to the absence of exacting law. It is an essential for the government to make and validate the born of Law Nomor. 18, 2019 on Pesantren as an effort to give a big chance for Pesantren to maintain the quantity as well as the quality of the Pesantren in order to have competition and professional aspects, so that the Pesantren will be able to produce graduates amidst the Globalization Era, and come up with the better education quality services.
Legal Protection of Population Administration in The Recording of Deeds The Birth of A Street Child in Indonesia Putri Hafidati
Al Ahkam Vol. 18 No. 1 (2022): Januari-Juni 2022
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v18i1.6248

Abstract

Population administration serve as protection, acknowledgment, quotation for Indonesian citizen personal status also legal status which regulated by Republic of Indonesia and 1945 constitution of Republic Indonesia. Birth Certificate is one kind of population administration which have to be given by the Country. More than 90% street children in big city as Bandung, Jakarta, and Tangerang doesn’t have birth certificate. House shelter in Tangerang city uncover the administration difficulty to gain a birth certificate for those street children. These street children were very vulnerable to violation of Human Rights. This is an descriptive-qualitative study. Primary, secondary and tertiary legal material were used for this Study purposes. This study show us that Indonesia haven’t fulfilled the legal protection for children rights. Keywords: Birth Certificate, Street Children, Child Identity
Emergency Government of The Republic of Indonesia: Status Quo in State of Emergency Irfan Zidni; Qurrata Ayuni
Al Ahkam Vol. 18 No. 1 (2022): Januari-Juni 2022
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v18i1.6264

Abstract

There is a constitutional status quo regarding the urgency of establishing the Emergency Government of the Republic of Indonesia or Pemerintah Darurat Republik Indonesia (PDRI). The military aggression was carried out by the Dutch who had seized Yogyakarta's position as the State Capital and kidnapped President Soekarno, and Vice President Moh. Hatta and several ministers put the position and sustainability of the Indonesian state at stake. This paper discusses the urgency of the establishment of the PDRI and explores its constitutionality in a review of the state of emergency and the Triumvirate concept. Using the normative juridical historical research method, this paper discusses two findings: First, the formation of the Emergency Government of the Republic of Indonesia was motivated by the Dutch Military Aggression incident which occupied the State Capital of Yogyakarta and kidnapped the President, Vice President and several State Ministers resulting in a state crisis and a government vacuum. Second, the formation of PDRI using Law Number 6 of 1946 which contains Article 12 of the Constitution is included in the emergency legal regime. The appointment of Mr Sjafruddin Prawiranegara who at that time was the Minister of Prosperity received a direct mandate from President Soekarno to form the PDRI based on a telegram dated December 19, 1948. Although the mechanism for establishing an emergency government in the form of a triumvirate has not been regulated in the constitution, this is not a constitutional deviation as is known in the state of emergency doctrine.
The Implementation of Lineage Determination Methods in Illegal Marriages based on Wahbah Al-Zuhaily in the Determination of Banjarbaru Religious Court No. 80/Pdt.P/2017/PA.Bjb Hasanudin Hasanudin; Fatimatuzzahro Fatimatuzzahro
Al Ahkam Vol. 18 No. 2 (2022): Juli - Desember 2022
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v18i2.6618

Abstract

This article discusses the method of determining lineage in fasid marriages according to Wahbah al-Zuhaily and its application in the Determination of the Banjarbaru PA No. 80/Pdt.P/2017/PA.Bjb regarding the judge's legal considerations in determining the case. Lineage is a family relationship that determines the origin of a child and causes civil law consequences, including inheritance rights, livelihood rights, and so on. Determination of lineage is very important because it is directly related to the family structure. Methods of determining lineage also vary, including through legal or fasid marriage, confession, and proof. In Islam, it is known that marriages that do not meet the legal requirements of marriage are known as fasid marriages. Fasid marriage is not legal. Has no legal status before the occurrence of intercourse. A child from a fasid lineage marriage is still dependent on his father if he meets the requirements in terms of the husband's ability to get pregnant or not, in terms of whether he has a husband or not, and from the minimum period of pregnancy whether he fulfills it or not. The istinbat method used by Wahbah al-Zuhaily is istislah, which is to protect the interests of the child so that his rights are protected. As for the application of Islamic marriage law in court stipulation no. 80/Pdt.P/2017/PA.Bjb the judge is in accordance with and refers to Wahbah al-Zuhaily's opinion as a legal consideration in determining the origin of the lineage of children in fasid marriages through certain conditions that have been exceeded by the applicants.
Reformulasi Hukum Penguatan Koperasi Syariah di Indonesia Ruben Panggabean
Al Ahkam Vol. 18 No. 2 (2022): Juli - Desember 2022
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v18i2.7437

Abstract

The absence of regulation implementations for Law No. 1 of 2013 about microfinance institutions can also be said to be a legal vacuum. As a result, violations of Law No. 1 of 2013 will be difficult to prosecute both administratively and criminally. Whereas, the administrative and criminal violation will clearly have direct consequences for the society both as depositors and Debtors. This research used normative juridical. The research method used in this research is normative juridical. In this research, an approach toward legislation was used, that is No. 1 of 2013 about Microfinance Institutions. Another consequence is an ineffective implementation of Law No. 1 of 2013 which has become legal basis for Microfinance Institutional operations legality and protection for the society as depositors and Debtors.  Legal reformulation of Sharia Cooperation Strengthening in Indonesia was carried by constructing the implementation Rules as mandated by Law No. 1 of 2013 about Microfinance Institutions. An important thing of legal reformulation made in the implementation rules of Law No. 1 of 2013 to strengthen sharia cooperation is giving an authority to the National Sharia Council, that is Indonesian Ulema Council for developing, regulating, and supervising sharia-based microfinance institutions in Indonesia.
Mapping of Responses to Tunisian Islamic Family Law Issues; Regulatory Study of Equal Inheritance Rights of Men and Women Auliya Ghazna Nizami
Al Ahkam Vol. 18 No. 2 (2022): Juli - Desember 2022
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v18i2.7439

Abstract

This article discusses the issue of equal inheritance rights between men and women which has long been the subject of discussion in Islamic inheritance studies. It is interesting because the discussion focuses on the context of the Tunisia which is known to have a progressive positive law. This is reinforced by the existence of a draft amendment proposal to Article 146 of Majallah al Aḥwāl Asy Syakhṣiyyah (MAS) with the title Aḥkām Tata'allaqu bi at Tasāwiy fī al Mīrāṡ. This article aims to map the responses that emerged from the proposed amendment to article 146 of the MAS, the motivation behind the responses, and the implications for efforts to equalize the rights of men and women in inheritance in Tunisia. Comparative approach used in this article, which is supported by historical and political studies to deepen the findings. The death of Beji Caid Essebsi is considered the main factor in the stagnation of the legal process for the amendment of Article 146 MAS, in addition, the strong response from conservative groups who do not agree with the amendment also has a big impact. This is reinforced by the statement of the current government of Tunisa which tends to stick more to the principles of Conservative Fiqh and views the proposal as a violation of Islamic law (sharia).
A Interfaith Marriage based on Positive Law and Protestantism Perspective Herry Anto Simajuntak
Al Ahkam Vol. 18 No. 2 (2022): Juli - Desember 2022
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v18i2.7741

Abstract

Interfaith marriage is currently being widely discussed and is actually not a new thing for the multicultural Indonesian people. The marriage has occurred in the community (in various social dimensions) and has been going on for a long time. However, it does not also mean that the issue of interfaith marriage is not a problem, in fact it tends to always reap controversy among the public. There is an assumption that the cause is the existence of Law no. 1 of 1974 as amended by Law no. 16 of 2019 concerning Marriage, which does not accommodate interfaith marriage issues. The problems that have arisen recently are interfaith marriages are also widely opposed among the community, for example among Protestant Christians, because interfaith marriages are still considered taboo because according to Protestant Christianity, interfaith marriages will cause new problems in the future for descendants and in administration. Therefore, until now, there is no Protestant Christian religious leader who has agreed to legalize interfaith marriages because it is written in the Bible 2 Corinthians 6:14, which reads: "Do not be an unequal partner with unbelievers". Whereas, an unequal partner means that there are the differences in belief, so that according to the Protestant Christian faith, interfaith marriages are not approved. The prohibition of interfaith marriages is also the same as the view of Islam as stated in the Central MUI Fatwa Number: 4/Munas/VII/MUI/8/2005 which emphasizes the prohibition of interfaith marriages, both marriages between a Muslim woman and a non-Muslim, as well as marriages between a Muslim woman and a non-Muslim woman. a Muslim man with a woman of the people of the book.
Productive Zakat Viewed From The Perspective of Modern Fiqh Syamsuar
Al Ahkam Vol. 18 No. 2 (2022): Juli - Desember 2022
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v18i2.7749

Abstract

Zakat in Islamic teaching has two perspectives,'worship of mahdah and social empowerment. According to some ulemas, zakat has upgraded the standard of the people's life. In the 'Umar ibn Abd al-'Aziz era, zakat was formatted as a capital for the poorman. The case of empowering the ummah became the important issue let alone many of them live in unlucky conditions. What 'Umar ibn Abd al-'Aziz has done is considered as productive zakat. Nowadays, zakat is usually distributed for consumer importance. If the end model cannot upgrade the condition of the ummah, then productive zakat is considered a solution to solve the problem.

Page 20 of 22 | Total Record : 218

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