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Muhammad Irwan Hadi
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ahkam@yasin-alsys.org
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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
Konsep Keadilan menurut Aristoteles, Ibnu Khaldun, dan Korelasi dengan Undang-Undang 1945 Berdasarkan Implementasinya di Pemerintah Kelurahan Karangbesuki Malang Amirullah, Muhammad Azrul; Alkhairi, Nabil Hafidz
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.v4i3.7101

Abstract

Philosophical and practical understanding of justice plays a crucial role in local governance systems, as reflected in Karangbesuki Subdistrict, Malang City. Justice, as a fundamental principle for establishing a harmonious, prosperous, and civilized society, has been discussed by Aristotle, who viewed it as granting each individual their due proportionately, and by Ibn Khaldun, who emphasized its role as the foundation for the continuity of civilization and societal welfare. This study aims to examine the concept of justice according to Aristotle and Ibn Khaldun and to analyze its correlation with the 1945 Constitution in village-level governance practices. A qualitative descriptive method was applied through literature review and in-depth interviews with subdistrict officials and local residents. The results reveal that justice-related values such as equality, honesty, courage, and responsibility have been pursued in public services, although participation and transparency remain challenges. The correlation between the philosophers’ ideas and Indonesia’s constitutional values is evident in the spirit of public service that upholds equal rights, law enforcement, and social protection. The study concludes that strengthening the understanding of justice through philosophical and religious approaches can reinforce the implementation of fair governance oriented toward public welfare.
Mekanisme Penyelesaian Sengketa Tanah terhadap Hak Milik Perorangan menurut Peraturan Menteri ATR/BPN No 21 Tahun 2020 tentang Penanganan dan Penyelesaian Kasus Pertanahan Mahendra, Yusril Ihza; Susantyo, Herdy 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.v4i3.7110

Abstract

This study is motivated by the limited research on mechanisms for resolving land disputes over individual ownership rights, despite the significant impact of such issues on legal certainty and social stability in Indonesia. The objective is to analyze the implementation of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (Permen ATR/BPN) No. 21 of 2020 in resolving land disputes and providing legal protection for individual landowners. The research employed a normative juridical method, using data sources comprising legal documents, statutory regulations, and case studies selected through purposive sampling. Data were collected through literature review and document analysis, then examined descriptively and qualitatively using a statutory approach. The findings show that the regulation provides three primary dispute resolution mechanisms, mediation, conciliation, and litigation with priority given to amicable settlements before resorting to court proceedings. These mechanisms enhance efficiency, reduce conflict escalation, and safeguard individual property rights in line with the principle of legal certainty. The study concludes that the application of Permen ATR/BPN No. 21 of 2020 plays an important role in streamlining administrative procedures and strengthening the legal protection of landowners. Its implications include theoretical contributions to land law literature and practical recommendations for policymakers, land authorities, and legal practitioners to clarify procedures, strengthen mediation capacity, and raise public awareness, while also opening opportunities for further research on the long-term effectiveness of non-litigation dispute resolution.
Perlindungan Hukum atas Hak-hak Nasabah terhadap Bank yang Dinyatakan Pailit Miftah, Mushafi; Anggraini, Laila Nofita
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.v4i3.7150

Abstract

The limited scope of studies on legal protection for bank customers' rights in bankruptcy cases has become a significant concern, as it directly affects public trust and the stability of the national banking system. This study aims to analyze the forms of legal protection afforded to the rights of bank customers in the event of bankruptcy, based on Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. A normative legal research method was employed, using a statutory approach and analysis of primary and secondary legal materials through literature review. The findings indicate that although depositors’ rights have been accommodated through various regulations, including the role of the Indonesia Deposit Insurance Corporation (Lembaga Penjamin Simpanan, LPS), Article 2 paragraph (3) of Law No. 37 of 2004 restricts customers’ rights to file for bankruptcy against banks. This restriction is considered to conflict with the principles of justice and creditor protection, and it does not align with the principle of balance in bankruptcy law. Moreover, the resolution of banking issues tends to favor liquidation mechanisms over bankruptcy proceedings. The implications of this study include a theoretical contribution to the body of banking law literature and practical recommendations for the government and relevant authorities (Bank Indonesia, the Financial Services Authority, and LPS) to review existing regulations in order to strengthen legal protection for customers. This research also opens avenues for further studies on alternative dispute resolution mechanisms and international comparative analyses of customer protection in bank bankruptcies.
Tanggung Jawab Lembaga Pemasyarakatan dalam Pembinaan Narapidana Residivis Kajian terhadap UU Pasal 2 No. 22 Tahun 2022 Sanhaji, Moch. Taufik; Marzuki, Ismail
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.v4i3.7197

Abstract

This study is motivated by the limited specific research on the responsibilities of correctional institutions in rehabilitating recidivist inmates, despite the issue having significant implications for reducing repeat offenses and strengthening the criminal justice system in Indonesia. The objective is to analyze the legal responsibilities of correctional institutions and evaluate the implementation of Article 2 of Law No. 22 of 2022 in the rehabilitation of recidivist inmates. The research employs a normative juridical method with descriptive analysis, using legal documents, legislation, and relevant literature as primary and secondary data sources. Data were collected through document studies and analyzed using legal interpretation and qualitative descriptive techniques. The findings reveal that, normatively, correctional institutions bear legal, moral, and social responsibilities in rehabilitating recidivists. However, implementation is hindered by issues such as overcrowding, limited human resources, inadequate facilities, and generic rehabilitation programs. The study concludes that recidivist rehabilitation requires more personalized, structured, and collaborative strategies to fulfill the goals of the correctional system. The research offers theoretical contributions to the development of correctional law and provides practical recommendations for policymakers and correctional officers to strengthen individualized rehabilitation and enhance inter-agency coordination. Furthermore, it opens avenues for future studies on alternative rehabilitation models for high-risk recidivists.
Analisis Pengaturan Sanksi Pidana terhadap Anak Pelaku Tindak Pidana Perundungan Affandi, Ahmad; Islahuddin, 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.v4i3.7198

Abstract

This study is driven by the increasing prevalence of bullying cases committed by minors in Indonesia, which not only affect the victims but also raise legal issues concerning the regulation of criminal sanctions. The aim of the research is to analyze the regulation of criminal sanctions against child perpetrators of bullying under Indonesia’s positive law and to assess its alignment with child protection principles. The research employs a normative juridical method using a statute approach and a conceptual approach. Data sources include primary legal materials in the form of legislation and secondary legal materials such as literature, journals, and previous studies. The data were analyzed qualitatively through legal interpretation techniques. The findings indicate that the regulation of criminal sanctions for child perpetrators of bullying is stipulated in Law No. 11 of 2012 on the Juvenile Criminal Justice System and other related regulations, which prioritize rehabilitative measures over imprisonment. This approach aligns with the principle of the best interest of the child, although its implementation faces challenges such as limited rehabilitation facilities, a shortage of support personnel, and suboptimal application of diversion. The study contributes to juvenile criminal law literature by emphasizing the importance of harmonizing law enforcement with child protection. Recommendations include strengthening technical regulations, enhancing the capacity of law enforcement officers, and improving oversight of the implementation of rehabilitation policies for child perpetrators of bullying.
Pengaruh Kualitas Pelayanan Kesehatan terhadap Tingkat Kepuasan Masyarakat pada Program Pemberantasan Sarang Nyamuk (PSN) 3M Plus di Desa Asembagus Kecamatan Kraksaan Kabupaten Probolinggo Aminulloh, Mahfud Jailani; Maksin, Mastina; Lestari, Maulidia Gita
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.v4i3.7268

Abstract

Dengue Hemorrhagic Fever (DHF) remains a serious public health concern in Indonesia, including in Probolinggo Regency. One preventive measure undertaken is the Mosquito Nest Eradication Program (Program Pemberantasan Sarang Nyamuk or PSN) 3M Plus, which involves the role of jumantik (mosquito larvae monitoring) cadres and active community participation. However, public satisfaction with the program's implementation remains suboptimal. This study aims to analyze the influence of health service quality, specifically the quality of jumantik cadre socialization and the quality of program implementation on community satisfaction in Asembagus Village, Kraksaan District, Probolinggo Regency. A quantitative inferential method was used, with data collected through questionnaires, observations, and documentation. A total of 138 respondents were selected using the Slovin formula from a population of 210 households. Regression analysis results show that the quality of PSN 3M Plus program implementation has a significant effect on community satisfaction (sig. 0.004 < 0.05), whereas the quality of jumantik cadre socialization does not (sig. 0.597 > 0.05). The coefficient of determination (R²) value of 6.4% indicates that most of the variation in community satisfaction is influenced by factors outside the studied variables. The main conclusion of this study is that improving field-level implementation quality—including accuracy, community participation, and program sustainability is key to the program’s success. The implications highlight the need for more interactive socialization strategies and community-based health services to enhance DHF prevention efforts and increase public satisfaction.
Analisis Yuridis Pendekatan Restoratif Berbasis Kearifan Lokal pada Tindak Pidana Ringan Susantyo, Herdy Pratama; Saifuddin, Ahmad; Hasan, Ahmad Ferdi
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.v4i3.7283

Abstract

The limited number of studies on the integration of local wisdom into the application of restorative justice for minor criminal offenses forms the background of this research, despite the significant potential of such an approach to strengthen social legitimacy and reduce the burden on the formal criminal justice system. This study aims, through a normative juridical perspective, to: (1) analyze the normative support and legal boundaries within existing positive law instruments; (2) formulate juridical parameters that allow local wisdom to be considered a legitimate element in restorative justice mechanisms; and (3) propose policy recommendations to strengthen the normative framework. The method employed is normative juridical analysis using the statute approach and conceptual approach. Primary legal sources include Prosecutorial Regulation No. 15 of 2020, National Police Regulation No. 8 of 2021, and the new Criminal Code (Law No. 1 of 2023), while secondary and tertiary legal materials were obtained through legal literature and official legal databases. Data were analyzed using content analysis and legal interpretation through grammatical, systematic, and teleological methods. The findings indicate that while Prosecutorial Regulation No. 15 of 2020 has opened space for case dismissal based on restorative justice, it does not explicitly accommodate local wisdom values, potentially creating disharmony with the principle of legality and provisions in the Criminal Procedure Code. Moreover, regulatory inconsistencies at the village law level and ambiguities in classical literature regarding the scope of restorative justice were identified. The main conclusion of this study is the urgent need to draft or revise technical guidelines that explicitly regulate the integration of local wisdom as a valid juridical consideration within restorative justice mechanisms. The implications of this study are both theoretical enriching the literature on legal culture and restorative justice, and practical in enhancing the effectiveness of legally sound and socially accepted resolutions of minor offenses. This research also opens avenues for future studies with empirical and implementation-based approaches across different regions.
Manipulation in Philanthropic Business: When Donation Funds Are Used for Personal Gain Febrianty, Yenny; Hasmiati, Hasmiati; Lubis, Arief Fahmi; Putri, Viorizza Suciani
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.v4i3.7356

Abstract

This study examines the vulnerabilities of philanthropy in Indonesia amid its rapid growth through digital platforms and social organizations, highlighting risks of abuse and misuse of donations. The case of Agus Salim, a victim of acid attack whose Rp1.5 billion in public donations was diverted for personal and family use, illustrates how weak regulatory oversight has triggered a trust crisis in philanthropic institutions. The research aims to analyze manipulative practices in philanthropic activities, the factors contributing to weak supervision, and the resulting legal and social implications. Using a juridical-normative method, the study draws on literature review, case analysis, and relevant regulations, including Law No. 9 of 1961, Government Regulation No. 29 of 1980, the Criminal Code, and the Electronic Transactions Law. By comparing legal norms (das sollen) with empirical practices (das sein), the findings reveal that donation funds are often transferred into personal accounts without accountability, government supervision remains inadequate, and while existing legal instruments such as Articles 372 and 378 of the Criminal Code are applicable, enforcement is slow and inconsistent. The study concludes that philanthropy should be recognized not only as a moral activity but also as a “business of philanthropy” highly vulnerable to manipulation. It underscores the urgency of regulatory harmonization, the establishment of a national philanthropic code of ethics, and the application of good governance principles. Recommendations include the adoption of open public audits and digital reporting systems to strengthen accountability and prevent future misuse.
Tinjauan Hukum mengenai Penyelesaian Sengketa Konsumen terhadap PT TIKI di BPSK WKP II Provinsi Banten (Studi Kasus: Putusan No. 175K/Pdt.Sus-BPSK/2021) Adelia, Neneng; Hifni, Mohammad; Safiulloh, Safiulloh
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.v4i3.7399

Abstract

The limited number of studies on consumer dispute resolution through the Consumer Dispute Settlement Agency (BPSK) underpins this research, despite its significant implications for consumer rights protection and legal certainty in Indonesia. This study aims to analyze the mechanism of consumer dispute resolution against PT Citra Van Titipan Kilat (TIKI) at BPSK WKP II, Banten Province, and to evaluate the effectiveness of BPSK decisions in enforcing business actors’ legal responsibility based on the principle of strict liability in civil law. A qualitative case study approach was employed, drawing on BPSK and Supreme Court rulings related to case No. 175K/Pdt.Sus-BPSK/2021, as well as interviews with BPSK members and affected consumers. Data were collected through official document analysis, semi-structured interviews, and participatory observation, then analyzed using thematic and comparative techniques. The findings reveal that PT TIKI was proven to have altered delivery services without consumer consent, causing material and immaterial losses, and that BPSK effectively applied arbitration as a fast, efficient, and low-cost dispute resolution mechanism. These findings support the theory of strict liability in civil law and affirm BPSK’s role as an effective quasi-judicial body in upholding consumer rights and ensuring legal certainty, although enforcement of decisions still requires supervision and clear limitations of authority. The implications include theoretical contributions to the literature on alternative dispute resolution (ADR) and strict liability of business actors, as well as practical contributions in the form of recommendations for BPSK, business actors, and policymakers to strengthen dispute resolution mechanisms and consumer protection.
Analysis of the Implementation of MSME Financing Development at PT. Bank Sumut KCP Sy Hamparan Perak Najwa, Nuraini; Rambe, Riswan
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.v4i3.7418

Abstract

This study analyzes the implementation of MSME financing development at PT Bank Sumut KCPsy Hamparan Perak, with a focus on strategies, challenges, and solutions within the framework of Islamic banking. Employing a qualitative descriptive approach, data were collected through interviews, observations, and documentation, and analyzed using data reduction, presentation, and conclusion techniques. The findings reveal that MSME financing is implemented comprehensively by prioritizing sharia principles, including direct engagement with business actors, financing through mudharabah and musyarakah contracts, and provision of post-financing assistance. However, several obstacles hinder optimal implementation, such as low financial literacy, limited business legality, unstable MSME income, and insufficient field officers. To address these challenges, the bank has introduced financial literacy programs, assisted with business legality, enhanced officer capacity, and developed digital innovations. These measures have contributed to sustaining growth in financing while reinforcing the role of Islamic banks in supporting community-based economic development.

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