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Muhammad Irwan Hadi
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m.h4di@ymail.com
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+6285799379817
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ahkam@yasin-alsys.org
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Jl. Yasin No 01 Keruak Kec. Keruak Lombok Timur Nusa Tenggara Barat
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AHKAM : Jurnal Hukum Islam dan Humaniora
Published by Lembaga Yasin Alsys
ISSN : 29646332     EISSN : 29646340     DOI : https://doi.org/10.58578/ahkam
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
This journal was published by Penerbit LYAS which was published Four times a year, December, March, June, and September with a minimum of 5 articles. The journal aims to provide a forum for scholarly understanding of the field of law and plays an important role in promoting the process that accumulated knowledge, values, and skills. Scientific manuscript dealing with Human Rights, Policy, Values of Islam, and other sections related to law. topics are particularly welcome to be submitted.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 33 Documents
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Search results for , issue "Vol 4 No 3 (2025): SEPTEMBER" : 33 Documents clear
Analisis Program SIAPP KAKA dalam Mempercepat Proses Pembuatan NIB (Nomor Induk Berusaha) (Studi Kasus Kelurahan Mayangan) Septiandika, Verto; Rahmadi, Andhi Nur; Fadilah, Siti Nur
AHKAM Vol 4 No 3 (2025): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i3.6580

Abstract

Business legality is a crucial factor for Micro, Small, and Medium Enterprises (MSMEs) in gaining access to various business development facilities. However, bureaucratic complexity and low public awareness regarding business legality remain major obstacles in obtaining a Business Identification Number (Nomor Induk Berusaha, NIB). This study aims to analyze the implementation of the SIAPP KAKA Program (Aksi Andalan Pendampingan Pelayanan Perizinan di Kecamatan dan Kelurahan) in accelerating the NIB issuance process in Mayangan Village, Probolinggo City. A descriptive qualitative method was employed, with data collected through observation, in-depth interviews, and documentation. The findings reveal that the SIAPP KAKA Program has successfully expedited licensing services through a proactive (jemput bola) approach, resulting in greater time and cost efficiency, and improved coordination between the subdistrict office and the Investment and One-Stop Integrated Service Agency (DPMPTSP). Nevertheless, the program's implementation still faces challenges, including limited human resources and infrastructure. Overall, the program has made a positive contribution to enhancing public service delivery and business legality, and it holds potential as an innovative model for locally based licensing services.
Penegakan Hukum bagi Pelaku Tindak Pidana Transaksi Jual Beli Online E-Commerce Affianto, Affianto; Ishlahuddin, Muhammad
AHKAM Vol 4 No 3 (2025): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i3.6662

Abstract

The limited body of research on law enforcement against perpetrators of fraud in online buying and selling transactions forms the background of this study, considering its significant impact on public trust within Indonesia’s e-commerce ecosystem. This study aims to analyze the application of law to online fraud perpetrators and identify the challenges and strategies for overcoming them. The research employs a normative juridical method with statutory and conceptual approaches. Data were obtained through a literature review of legal regulations, scholarly legal texts, and analyses of relevant cases, and were then qualitatively analyzed. The findings indicate that perpetrators of fraud in online transactions may be prosecuted under Article 378 of the Indonesian Criminal Code (KUHP), Article 62(1) of Law No. 8 of 1999 on Consumer Protection, and Article 28(1) in conjunction with Article 45(2) of Law No. 19 of 2016 on Electronic Information and Transactions (ITE Law). However, the enforcement of these laws still faces considerable obstacles, including difficulties in digital evidence collection, tracking perpetrators' identities, and low legal literacy among the public. The study concludes by emphasizing the need to strengthen the cyber legal framework and optimize the role of the ITE Law as a relevant legal instrument. It recommends fostering synergy between law enforcement agencies, digital stakeholders, and the public to build a secure and equitable e-commerce ecosystem. The implications of this study not only enrich the literature on cyber law but also offer strategic insights for policy development on technology-based consumer protection and the advancement of a legal enforcement system that is adaptive to the dynamics of digital transactions.
Analysis of Promotion Strategy on PRUCinta Syariah Life Insurance Products Through Social Media (Study at PT. Prudential PRUFure Team BJ8 in Banjarmasin) Nikmah, Nikmah; Faridah, Faridah; Fithriani, Ahda; Wafa, Faqih El
AHKAM Vol 4 No 3 (2025): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i3.6667

Abstract

This research explores the promotional strategy for the PruCinta Sharia life insurance product through social media, with a focus on the implementation of Islamic principles in marketing practices at PT. Prudential Prufure Team BJ8 in Banjarmasin. The study is motivated by the central role of ethical strategy in Sharia-compliant insurance, emphasizing the prohibition of dishonest practices such as fraud, deceit, and exploitation. Employing a qualitative descriptive approach, data were collected through interviews with nine informants and analyzed using data reduction, data presentation, and conclusion drawing techniques. The findings indicate that the promotional strategy is carefully designed and centers on leveraging social media to maximize outreach and engagement. Instagram emerged as the most effective platform due to its visual appeal and ability to connect directly with potential clients. The strategy aligns with Islamic ethical standards, emphasizing transparency, honesty, and fairness in the communication of product benefits. The use of social media not only enhances visibility but also fosters trust and relatability among target audiences. The study concludes that ethically grounded and strategically executed social media promotion is key to advancing the reach and credibility of Sharia life insurance products like PruCinta.
Upaya Pencegahan Tindakan Balapan Ilegal di Kota Sungailiat (Studi Wilayah Hukum Kota Sungailiat) Imanuel, Lukas; Toni, Toni; Agustian, Rio Armanda
AHKAM Vol 4 No 3 (2025): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i3.6678

Abstract

This study is motivated by the rising phenomenon of illegal street racing, particularly among youth who engage in high-speed competitions on public roads. Such practices pose serious risks to the safety of both participants and other road users, while also disrupting public order. Therefore, systematic and sustainable preventive efforts are urgently needed. The purpose of this research is to examine the forms of preventive measures against illegal street racing in Sungailiat City and to identify the factors influencing the effectiveness of these efforts. The study adopts an empirical juridical approach. The findings indicate that preventive efforts have been implemented in various forms, including public education and awareness campaigns, the "Police Goes to School" program, routine patrols, the Menumbing safety operation, the installation of traffic signs indicating maximum speed limits, rumble strips, and joint operations. Supporting factors include a clear and firm legal framework. However, several inhibiting factors were identified, such as a lack of personnel, limited infrastructure and facilities among the Bangka District Police, Department of Transportation, and Civil Service Police Unit, as well as low public legal awareness and insufficient parental supervision. The study concludes that although diverse preventive measures have been undertaken, their success largely depends on inter-agency collaboration, the availability of resources, and active community participation.
Analisis Yuridis Penyelesaian Sengketa Kepemilikan Tanah berdasarkan Bukti Sertifikat di Pengadilan Negeri Kabupaten Probolinggo (Studi Kasus Perkara Nomor 10/Pdt.G/2023/PN Pbl) Aji, Moh. Samsul; Susantyo, Herdi Pratama
AHKAM Vol 4 No 3 (2025): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i3.6681

Abstract

Land ownership disputes involving dual certificates represent a serious issue within Indonesia’s land administration system, as they directly impact legal certainty and the resolution of agrarian conflicts. This study aims to analyze the application of law in resolving land ownership disputes based on certificate evidence and to examine the judicial considerations in Decision Number 10/Pdt.G/2023/PN Pbl at the Probolinggo District Court. The research employs a normative juridical method with a case study approach. Data were obtained through literature review and analyzed using qualitative juridical analysis. The findings reveal that the court ruled in favor of the plaintiff as the rightful owner of the disputed land, based on legally valid evidence including a land ownership certificate and a legitimate deed of sale and purchase. The panel of judges considered administrative negligence and indications of bad faith in the issuance process of the second certificate. These findings affirm that land certificates serve as the primary legal evidence in guaranteeing land ownership certainty and highlight the importance of meticulous administrative practices by the National Land Agency (BPN). The study concludes that improving land administration systems and strengthening oversight of certificate issuance are strategic steps to prevent certificate overlaps. The implications of this study include theoretical contributions to the development of agrarian law scholarship and practical recommendations for BPN and the judiciary to enhance accountability and integrity in the land registration system. Future research is recommended to assess the effectiveness of implementing electronic land certificates (e-Certificates) in reducing land disputes.
Efektivitas Hukum Ekonomi Syariah dan Hukum Positif terhadap Transformasi Digital Nurahmad, Nurahmad; H, Darmawati; Syatar, Abdul
AHKAM Vol 4 No 3 (2025): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i3.6682

Abstract

This study is motivated by the limited research on the effectiveness of sharia economic law and positive law in responding to the rapid pace of digital transformation, particularly in providing legal protection and certainty for digital entrepreneurs in Indonesia. The aim of this research is to examine the extent to which these two legal systems are capable of effectively and sustainably regulating and responding to technological developments. The study employs a qualitative approach using socio-juridical and historical-normative designs. Data were collected through literature review of formal regulations, sharia fatwas, and expert interviews. The findings reveal that sharia economic law demonstrates a high degree of flexibility through approaches such as ijtihād, maṣlaḥah, and contemporary fatwas, including DSN-MUI Fatwa No. 117/2018 on information technology-based financing services. However, these fatwas do not yet carry binding legal force within the national legal system. Conversely, positive law offers stronger legal certainty through formal regulations such as the Electronic Information and Transactions Law (ITE Law), Financial Services Authority Regulation (POJK) No. 77/2016 on IT-Based Lending Services, and the Personal Data Protection Law (UU PDP), although it often lags in addressing emerging technologies such as blockchain and smart contracts. The study concludes that sharia economic law excels in ethical values and social benefit orientation, while positive law is stronger in terms of legal structure and formal sanctions. The implications of these findings highlight the importance of integrating both legal systems into a hybrid legal framework that ensures justice, legal certainty, and public benefit in supporting an inclusive and sustainable digital economic ecosystem in Indonesia.
Gharar in Sharia Financial Products: Forms, Implications, and Prevention Measures Fatimah, Nurul; Kamaruddin, Kamaruddin; Supriadi, Supriadi
AHKAM Vol 4 No 3 (2025): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i3.6702

Abstract

This article examines the concept of gharar (uncertainty) in Islamic financial products, focusing on its forms, impact on contract validity, and preventive measures grounded in Islamic law. Employing a qualitative-descriptive approach through a literature study method, the research draws on classical and contemporary Islamic jurisprudence, fatwas from the National Sharia Council (DSN-MUI), and practical applications within Islamic financial institutions. The findings categorize gharar into two types: gharar yasir (minor uncertainty), which is tolerated, and gharar kabīr (major uncertainty), which is prohibited due to its potential to invalidate contracts. Common manifestations of gharar in modern financial transactions include ambiguous contract terms, fluctuating pricing, uncertain delivery times, and vague descriptions of goods. These elements can compromise contractual fairness and transparency, undermining the foundational principles of Islamic finance. To mitigate gharar, Islamic financial institutions implement transparent contract structures, utilize Sharia-compliant contracts such as murābaḥah, ijārah, and muḍārabah, and operate under the oversight of Sharia Supervisory Boards (DPS). Practical implementations in Islamic banking and fintech sectors demonstrate how gharar can be effectively minimized, reinforcing both prudence and adherence to Sharia principles.
Eksploitasi Kepiting Rajungan di Bawah Ukuran Minimal (Baby Crab) di Provinsi Kepulauan Bangka Belitung Ditinjau dari Undang-Undang Nomor 45 Tahun 2009 tentang Perikanan Risky, Fhatira Riniar; Toni, Toni; Agustian, Rio Armanda
AHKAM Vol 4 No 3 (2025): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i3.6724

Abstract

This study was motivated by the widespread exploitation of undersized blue swimming crabs, commonly referred to as baby crabs, for food and snacks in the Bangka Belitung Islands Province. This practice violates prevailing legal provisions, particularly Law Number 45 of 2009 on Fisheries and Minister of Marine Affairs and Fisheries Regulation Number 7 of 2024 concerning the Management of Lobster, Crab, and Blue Swimming Crab. The objective of this study is to analyze the legality of baby crab exploitation and evaluate the effectiveness of law enforcement in preventing such practices. The research employed an empirical juridical method with a statutory and descriptive approach. Data were collected through observations and interviews with business actors, local communities, and the Department of Marine Affairs and Fisheries, supported by literature review. The findings reveal that the exploitation of baby crabs constitutes a criminal offense under fisheries law, as it violates Article 100C of Law Number 45 of 2009 and the provisions of Ministerial Regulation Number 7 of 2024. However, weak law enforcement, low public awareness, and the limited effectiveness of persuasive measures by authorities have allowed the practice to persist. Therefore, intensive supervision, consistent enforcement of sanctions, and collaborative efforts among local governments, academics, and NGOs are needed to enhance legal literacy among coastal communities in support of sustainable fisheries resource management.
Kebijakan Formulasi Penegakan Hukum terhadap Tindak Pidana Perdagangan Orang Berdasarkan Undang-Undang Nomor 21 Tahun 2007 Islahuddin, Muhammad; Syahbana, Ahmad Nabiel
AHKAM Vol 4 No 3 (2025): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i3.6742

Abstract

This study explores the handling of human trafficking crimes in Indonesia from a legal perspective, with a particular focus on the application of Article 2 paragraph (1) of Law Number 21 of 2007 on the Eradication of the Crime of Human Trafficking as the primary legal basis for addressing such cases. The research adopts a normative juridical approach and qualitative analysis of secondary data, including regulations, government policies, and law enforcement practices. The findings indicate that, although the legal framework is comprehensive, its implementation faces multiple challenges. These include limited understanding among law enforcement officials regarding the legal substance, victim handling procedures, and the identification of exploitation forms based on human rights principles. Additionally, resource constraints, weak inter-agency coordination, and low public legal awareness further undermine the effectiveness of law enforcement. Legal protection for victims also remains suboptimal in ensuring substantive justice. Therefore, enhancing the capacity of law enforcement, strengthening cross-sectoral coordination, and promoting public awareness and empowerment are strategic measures necessary for more effective and equitable prevention and handling of human trafficking.
Juridical Review of Local Government Policies in Overcoming Waste Problems in Kerinci District and Sungai Penuh City Nofanda, Syurpana
AHKAM Vol 4 No 3 (2025): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i3.6743

Abstract

Waste management challenges in Kerinci Regency and Sungai Penuh City present significant obstacles to the effective implementation of regional environmental policies. This study aims to analyze the juridical aspects of waste management policies, identify barriers to their implementation, and propose strategies to enhance the effectiveness of regulations grounded in good governance principles. Utilizing a normative legal research approach with statutory, conceptual, and case analyses, the study examines regulatory disharmony between national laws, including Law No. 18 of 2008 on Waste Management, Government Regulation No. 81 of 2012, and Presidential Regulation No. 97 of 2017, and local regulations in both regions. The findings reveal three primary issues: (1) inconsistency between national policies and regional regulations, notably Kerinci Regional Regulation No. 9 of 2013 and Regent Regulation No. 42 of 2018, as well as Sungai Penuh City Regional Regulation No. 9 of 2013 and Mayor Regulation No. 19 of 2024; (2) weak enforcement of legal instruments, including administrative sanctions and incentives; and (3) limited institutional effectiveness of TPS3R (3R Waste Processing Site) and insufficient community participation in the waste bank program. The study recommends harmonizing central and regional regulations, strengthening environmental law enforcement, developing economic incentives, and optimizing the role of community-based institutions such as BUM Desa (Village-Owned Enterprises) and KSM (Community Self-Help Groups) to establish a sustainable waste management system.

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