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Muhammad Irwan Hadi
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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 271 Documents
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Keabsahan Kontrak Elektronik dalam Perjanjian Jual Beli, Ditinjau dari Perspektif Pasal 1313 KUHPerdata Elyviatino, Elsha Putri; Nugroho, Lucky Dafira
AHKAM Vol 4 No 2 (2025): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i2.6010

Abstract

Electronic contracts play a crucial role in modern business transactions in the digital era, yet their legal validity remains a subject of debate within the context of Indonesian law. This study aims to analyze the validity of electronic contracts based on national legal provisions. A normative juridical approach was employed, using data obtained through literature review, statutory regulations, and court decisions. The findings show that electronic contracts are legally recognized in Indonesia as long as they fulfill the essential elements of a valid agreement as stipulated in Law Number 11 of 2008 on Electronic Information and Transactions (UU ITE), including mutual consent, legal capacity, a specific object, and a lawful cause. Although electronic contracts are normatively grounded in a strong legal framework, their implementation continues to face challenges such as low public awareness of their legality and benefits, as well as limitations in digital infrastructure. Therefore, strategic measures are necessary to enhance public understanding, strengthen digital legal literacy, and develop adequate supporting infrastructure to effectively and sustainably optimize the implementation of electronic contracts in legal practice and socio-economic life.
Review of John Rawls' Theory of Justice in Penal Mediation as a Settlement for Minor Offenses at Al-Ishlah Male Islamic Boarding School, Malang Rofrofil Akmal, Ahmad Wildan; Alwi, Khanabi Alwi; Wibowo, Erik
AHKAM Vol 4 No 2 (2025): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i2.6034

Abstract

This study examines the resolution of minor criminal offenses committed by students at Pondok Pesantren Putra Al-Ishlah, Singosari, Malang, through penal mediation, analyzed within the framework of John Rawls’ theory of justice. Offenses such as petty theft, verbal insults, and minor vandalism are addressed internally through restorative measures rather than formal legal proceedings. Employing a qualitative field research approach, data were collected through interviews with pesantren administrators and teachers, along with the analysis of documented cases from 2020 to 2024. The pesantren applies restorative and educational sanctions, such as Qur’an recitation, performing the call to prayer, or repairing damaged property while engaging offenders, victims, and guardians in a deliberative mediation process. The findings demonstrate that this approach embodies Rawls’ two key principles of justice: the assurance of equal basic liberties and the application of the difference principle in promoting fairness. Penal mediation at the pesantren functions not only as a deterrent to future misconduct but also as a means of reconciliation and moral development, reinforcing community cohesion. This culturally grounded model of restorative justice offers an alternative framework for addressing juvenile misconduct in educational institutions, illustrating the practical integration of moral philosophy, disciplinary methods, and character education in a faith-based setting.
SPARTACKS: Dinamika Perkembangan Kelompok Suporter Klub Sepakbola Semen Padang FC (2010–2024) Arda, Azreal Raudhandito; Hardi, Etmi
AHKAM Vol 4 No 2 (2025): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i2.6048

Abstract

The phenomenon of supporter culture in Indonesian football has shown significant development through the emergence of local communities with complex social dynamics. This study examines SPARTACKS (Suporter Padang Anak Rantau Cinta Kabau Sirah), a supporter group of Semen Padang FC, from 2010 to 2024, with the aim of describing the emergence and evolution of this organization and analyzing its impact on the club and surrounding social environment. Using the historical method, which includes heuristic, source criticism, interpretation, and historiography stages, this research constructs a comprehensive narrative based on primary and secondary data, including in-depth interviews, internal documentation, and local and national media coverage, validated through source triangulation. The findings reveal that SPARTACKS serves not only as a supporter group but also as a representation of Minangkabau cultural identity, youth solidarity, and a form of active social expression. Internal and external dynamics, including inter-faction rivalries, conflicts, and organizational transformation, reflect the complex role of this group within the sociocultural context of Padang City. Adaptation to digital technology has further strengthened their presence, although challenges such as the riot incident during the 2024 Liga 2 final remain critical points. This study concludes that SPARTACKS contributes significantly to shaping club identity and enriching the local football atmosphere through structured collective support. Their existence reflects the interaction between local identity, technological development, and socio-political dynamics within the context of modern Indonesian football, affirming their relevance as a subject of urban social history and contemporary sports culture studies.
Analisis Efisiensi Badan Amil Zakat Nasional Kab. Banyumas Menggunakan Data Envelopment Analysis (DEA) Tahun 2019–2023 Burhani, Rois
AHKAM Vol 4 No 2 (2025): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i2.6074

Abstract

This study is motivated by the gap between zakat potential and the amount of zakat funds successfully collected, particularly in the Banyumas region, which reflects the suboptimal management of zakat funds. The purpose of this study is to analyze the efficiency level of Baznas (Badan Amil Zakat Nasional) Banyumas Regency’s performance during the 2019–2023 period. A non-parametric quantitative approach was employed using the Data Envelopment Analysis (DEA) method, with Baznas Banyumas Regency as the sole unit of analysis. Data were collected through interviews with Baznas administrators and financial reports from 2019 to 2023 as secondary data. The analysis revealed that Baznas Banyumas achieved full efficiency (100%) in 2019, 2020, 2021, and 2023, indicating optimal fund management in those years. However, in 2022, efficiency declined to 98.83% due to less effective asset utilization, particularly a high proportion of cash and cash equivalents, as well as inefficiencies in amil salaries and operational expenses. These findings indicate an imbalance in resource allocation that impacted efficiency targets. The study concludes that a comprehensive evaluation of Baznas’s expenditure structure and asset management is essential to maintaining sustainable efficiency. The implications of this research offer strategic guidance for Baznas in identifying and addressing inefficiencies in zakat fund management.
Hubungan Iklim Sekolah dengan Bullying Victimization pada Mahasiswa Ilmu Kesehatan di Sumatera Barat Alhidaya, Julian Putri; Yasmin, Maya
AHKAM Vol 4 No 2 (2025): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i2.6118

Abstract

School climate is a crucial factor in creating a safe and supportive learning environment for students, particularly in preventing various social issues such as bullying victimization. Bullying victimization refers to an individual’s experience of being targeted by bullying within an educational context, including verbal, physical, and social exclusion forms. This study aims to analyze the relationship between school climate and bullying victimization among health science students in Sumatera Barat. A quantitative approach was employed, involving 344 students selected through cluster sampling. The research instruments were developed by the authors, with school climate measured based on the theory of Aldridge and Ala’I (2013) and bullying victimization based on the framework of Smith et al. (1999). Data were analyzed using Pearson correlation, which revealed a significant negative relationship between school climate and bullying victimization (r = -0.939, p < 0.05). These findings indicate that the more positive students' perceptions of the school climate, the lower the level of bullying they experience. Conversely, a negative school climate tends to increase the risk of bullying within higher education settings. The results underscore the importance of institutional efforts in fostering a healthy school climate as a preventive strategy against bullying among university students.
Memahami Pengalaman dan Dampak Psikologis pada Tindak Pidana Kekerasan Seksual bagi Korban dan Pelaku dengan Menggunakan Pendekatan Asosiasi Kata Pujiarohman, Pujiarohman; Syamsun, Arfi; Harahap, Ida Lestari; Herlina, Lenny; Wahid, Lalu Abdurrachman
AHKAM Vol 4 No 2 (2025): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i2.6122

Abstract

This study aims to analyze the differences in psychological responses between victims and perpetrators of sexual violence using Carl Gustav Jung's analytical psychology theory approach. The research method used is the word association method, this study explores aspects of personality, such as Persona, Shadow, Archetype, and Complex, to identify the psychological dynamics that influence the behavior and perception of these two groups. The results showed that victims tend to display a stable Persona, supported by elements of family and nature archetypes as a mechanism for healing and emotional recovery. Meanwhile, perpetrators show the use of a manipulative Persona to control the surrounding environment and tend to dominate, which is reinforced by the hero and superiority archetypes. The victim's Shadow mostly contains anxiety and fear related to trauma, while the perpetrator's Shadow is more filled with aggressive traits and lack of empathy. The complexes that appear in victims are related to inferiority and social support, while perpetrators show a superiority complex that emphasizes dominance and manipulation. These fundamental differences provide insight into how victims and perpetrators respond to their life experiences and how psychotherapy approaches can be tailored based on their respective needs. This study offers a new perspective in understanding the psychological dynamics of victims and perpetrators of sexual violence and has the potential to contribute to more effective therapeutic interventions.
Analisis Yuridis terhadap Keabsahan Perkawinan Sesama Jenis antar Warga Negara Indonesia di Luar Negeri dalam Perspektif Hukum Perdata Internasional Nugroho, Lucky Dafira; Murbarani, Tanissa Diva Siti; Rahayu, Ervina Dwi
AHKAM Vol 4 No 2 (2025): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i2.6250

Abstract

This study examines the validity of same-sex marriages conducted by Indonesian citizens (WNI) abroad from the perspective of Private International Law (Hukum Perdata Internasional, HPI). The phenomena of globalization and the legalization of same-sex marriage in several countries have created opportunities for Indonesian citizens to marry in jurisdictions recognizing such unions. However, this raises normative conflicts with Indonesia’s national legal system, which only recognizes marriages between a man and a woman based on Articles 1 and 2 of Law No. 1 of 1974 in conjunction with Law No. 16 of 2019. The research employs a normative juridical approach through legislative analysis and comparative law. The findings indicate that although same-sex marriages between Indonesian citizens are considered valid under the law of the country where the marriage is celebrated (lex loci celebrationis), Indonesia rejects them based on the public order principle (ordre public) due to conflicts with national religious and cultural values. This rejection results in the inability to register such marriages civilly, the loss of inheritance rights, and legal ambiguity regarding the status of children born from or adopted by same-sex couples. The study’s implications underscore the importance of restructuring regulations to ensure the protection of citizens’ fundamental rights without compromising national legal principles. Furthermore, the research contributes to the development of transnational family law concepts and clarifies the selective role of Private International Law in filtering foreign laws that conflict with domestic norms.
Penggunaan Sanksi Pidana bagi Pelaku Diskriminasi Gender terhadap Pengupahan Pekerja (Analisis Undang-Undang No. 6 Tahun 2023 tentang Cipta Kerja Pasal 88) Rohman, Aminur; Islahuddin, Muhammad
AHKAM Vol 4 No 2 (2025): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i2.6276

Abstract

Based on Article 88 of Law No. 6 of 2023 concerning Job Creation, this study examines the implementation of criminal sanctions against perpetrators of gender-based wage discrimination. Although the legislation normatively guarantees every worker’s right to a decent living and fair wages without gender discrimination, discriminatory practices manifesting as wage gaps between men and women frequently occur in practice. This research employs a normative juridical approach grounded in theories of gender discrimination, criminal sanctions, and legal certainty. The findings indicate that sanctions against wage discrimination offenders can be imposed through administrative or criminal channels. According to Article 185 of Law No. 13 of 2003 on Manpower, violations related to wages may be subject to imprisonment from one month up to four years and/or fines. Articles 88 and 88A of the Job Creation Law regulate the importance of fair wage structures and scales, as well as the government’s role in ensuring the protection of workers’ rights. Furthermore, Article 88B explicitly prohibits employers from paying lower wages to workers performing work of equal value. These policies aim to establish a transparent, fair, and discrimination-free wage system, ensuring that every worker receives a decent income in accordance with principles of justice and equality.
Analisis Penanggulangan Balap Liar di Kalangan Remaja oleh Pemerintah Desa Sipin Teluk Duren Karmelia, Mila; Maulia, Siti Tiara; Utami, Sundari
AHKAM Vol 4 No 2 (2025): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i2.6285

Abstract

Illegal street racing is a form of juvenile delinquency driven by curiosity, environmental influences, and limited recreational facilities, posing a serious problem in Sipin Teluk Duren Village, Kumpeh Ulu District. This activity, typically conducted by adolescents aged 13–18 on Saturday nights, causes public concern due to risks to safety and public order. This study aims to examine the village government’s efforts to combat illegal street racing and identify effective measures to create a safe environment that supports juvenile delinquency prevention. A descriptive qualitative approach was employed to provide an in-depth and contextual understanding of the phenomenon, with the researcher serving as the primary instrument. The findings reveal that mitigation efforts involve three approaches: pre-emptive, preventive, and repressive. Pre-emptive measures through counseling have yet to address the root causes specifically. Preventive efforts include alternative activities, but youth participation remains low and supervision is inadequate. Repressive actions, such as vehicle confiscation, are not accompanied by formal legal sanctions, limiting their deterrent effect. The study concludes that effective mitigation requires strengthened communication, community involvement, consistent social control, and synergy between village authorities and law enforcement through village regulations and routine patrols. The implications emphasize the importance of an integrated and sustainable approach to comprehensively prevent juvenile delinquency.
Keabsahan Kontrak Elektronik (E-Contract) dalam Transaksi E-Commerce berdasarkan Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik Anggraini, Sherlyna Resti; Amini, Aisyah; Nugroho, Lucky Dafira
AHKAM Vol 4 No 2 (2025): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i2.6318

Abstract

This study aims to examine and analyze the legal validity of electronic contracts in e-commerce transactions in Indonesia, with a focus on the legal provisions stipulated in Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE). A normative juridical method was employed to address the issue of electronic contract validity, which remains a primary challenge amid the rapid advancement of technology and the digitalization of transactions. A key factor influencing this validity is the public’s limited understanding of the legal aspects of digital contracts. In today’s digital era, e-commerce transactions have become increasingly dominant, with electronic contracts serving as the principal instruments in conducting online business activities. This study analyzes essential aspects of the legality of electronic contracts, including consent and electronic signatures, party identification, consumer protection, and dispute resolution mechanisms. The findings reveal that although the UU ITE provides a strong legal foundation, there is a continued need for legal education, regulatory refinement, and the strengthening of dispute resolution systems to ensure the lawful and effective implementation of electronic contracts. The study underscores the importance of compliance with legal requirements in digital transactions and the role of the UU ITE in safeguarding the legality and credibility of Indonesia’s e-commerce system. The implications support the reinforcement of the national legal framework to promote sustainable and trustworthy growth in digital transactions.

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