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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 271 Documents
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Penerapan Hukum Perdata Internasional dalam Sengketa Merek Lintas Batas: Studi Kasus IKEA (PT Ratania Khatulistiwa Indonesia vs. IKEA Swedia) Nugroho, Lucky Dafira; Maltufah, Siti; Kholis, Kholis
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.v4i2.6320

Abstract

This study examines the application of Private International Law (PIL) in resolving cross-border trademark disputes, focusing on the case of IKEA Sweden versus PT Ratania Khatulistiwa Indonesia. The dispute arose due to differing legal principles: Indonesia’s legal system adheres to the first to file principle, while international systems recognize the first use principle and the protection of well-known trademarks. The Supreme Court of the Republic of Indonesia ruled in favor of the domestic party, concluding that IKEA Sweden did not meet the criteria for active use of the trademark in Indonesia. This study employs a normative legal approach using a descriptive-analytical method through literature review. The analysis is based on primary, secondary, and tertiary legal materials and incorporates statutory, conceptual, and case approaches, encompassing the principles of jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The findings reveal that the Indonesian legal system has not fully accommodated PIL principles, particularly regarding the protection of well-known trademarks. The lack of harmony between the principle of good faith and the principle of territoriality has resulted in legal uncertainty, especially for foreign investors. Moreover, the recognition and enforcement mechanism for foreign judgments remains ineffective, potentially leading to conflicting rulings in multi-forum litigation. This study concludes that reformulating the national legal system in alignment with PIL principles and international standards is crucial to enhancing trademark protection and fostering legal certainty in support of a globally competitive investment climate.
Yurisprudensi Hukum Pencegahan Perkawinan melalui Putusan Pengadilan (Studi Putusan Nomor 32/Pdt.P/2019/PA.Bn) Nasution, Muhammad Iqbal Hanafi; Sukiati, Sukiati; Harahap, Muhammad Yadi
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.v4i2.6334

Abstract

This study is motivated by the absence of social considerations, such as long distance marriage, as a valid legal basis for marriage prevention under positive law, despite empirical evidence indicating that such conditions often lead to marital issues. The aim of this research is to analyze Decision Number 32/Pdt.P/2019/PA.Bn concerning a marriage prevention petition filed by a father against his daughter’s prospective husband on the grounds of kafa’ah incompatibility and the risks associated with a long-distance marriage. The method employed is normative juridical, using a case law approach and a conceptual review of Islamic legal principles and Indonesian legal regulations, particularly Law Number 1 of 1974 and the Kompilasi Hukum Islam (KHI). The findings show that the Panel of Judges rejected the petition on the grounds that the reasons presented did not meet the formal legal requirements as stipulated in Article 13 of the Marriage Law and Article 60 of the KHI. The panel adhered to the principle of legality and ruled that long distance marriage and kafa’ah incompatibility cannot serve as legal grounds for preventing a marriage. Nevertheless, from a social and jurisprudential perspective, long-distance marriages have frequently been identified as contributing factors to divorce in various religious court decisions. The study concludes that although social reasons such as long distance marriage have tangible impacts, they are not yet normatively recognized within Indonesia’s marriage law framework. The implication is a need for regulatory reformulation and more adaptive interpretative approaches to social realities, along with the strengthening of premarital counseling programs and labor policies that support family cohesion.
Critical Study of Al-Dakhil from the Path of Isra’iliyat Siregar, Suci Romadani; Indriyanti, Nur Aulia; Sahputra, Hery
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.v4i2.6335

Abstract

This study critically examines the phenomenon of al-dakhil within the context of Isra’iliyat narratives that have permeated the traditions of tafsir (Qur’anic exegesis) and hadith. Al-dakhil refers to interpretations lacking valid foundations, including weak (da‘if), fabricated (mawdu‘) reports, erroneous ta’wīl (interpretation), and ideologies inconsistent with core Islamic teachings. These narratives often stem from external sources primarily Jewish and Christian traditions, and are integrated into Islamic discourse, sometimes without critical scrutiny. Employing a qualitative methodology with a hermeneutic approach, this research explores the impact of Isra’iliyat on the development of Qur’anic exegesis and the resulting scholarly debates. The findings reveal that while Isra’iliyat has occasionally been used to supplement understanding of certain Qur’anic verses, its authenticity is frequently questionable, both in terms of sanad (chain of transmission) and matan (content). The study underscores the necessity for mufassirs (exegetes) to exercise discernment when engaging with Isra’iliyat, ensuring that interpretations remain faithful to Islamic principles. By highlighting the risks of uncritical acceptance of external narratives, this research contributes to a deeper understanding of the importance of methodological rigor and doctrinal integrity in Islamic scholarship.
Analisis Kedudukan Anak Adopsi oleh Orang Tua dari Perkawinan Campuran di Indonesia Handayani, Imelda Fertikel Putri; Feriska, Mifta Nur; 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.v4i2.6437

Abstract

This study is motivated by the complex legal regulations surrounding child adoption in the context of mixed marriages between Indonesian citizens (WNI) and foreign nationals (WNA), particularly when such marriages end in divorce. The primary focus of this research is to analyze the legal status of adopted children in these situations, encompassing issues of citizenship, inheritance rights, and the position of wali nikah (marriage guardian). The objective is to examine the legal standing of adopted children in mixed marriages and the normative implications of disharmony between national and international legal systems on child protection. This study employs a normative legal research method with a descriptive-analytical approach, analyzing relevant regulations, court decisions, and legal literature. The findings reveal that the legal consequences of adoption vary depending on the court that authorizes it: civil court adoptions (adoptio plena) confer legal status and rights equivalent to biological children, while religious court adoptions (adoptio minus plena) provide only limited legal recognition. Moreover, the lack of alignment with the principle of the best interest of the child in the national legal framework results in insufficient legal protection for adopted children. The study concludes that reformulating national adoption laws and harmonizing them with international legal instruments is essential to ensure comprehensive legal protection for adopted children in mixed marriage contexts. Practical implications include policy recommendations for unifying inheritance law systems, strengthening post-adoption monitoring mechanisms, and advocating for child protection in cross-jurisdictional settings. The study also opens avenues for further interdisciplinary research exploring the social and psychological impacts on adopted children in transnational adoption cases.
Strategi Perancangan Klausul dalam Kontrak E-Commerce untuk Mencegah Sengketa Daring (Online Dispute) Adillah, Ishmah Izzati Arianti; Putra, Moh Rafli Awalul; 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.v4i2.6438

Abstract

This study examines the strategic formulation of clauses in electronic contracts as a preventive effort against the rising number of disputes in e-commerce transactions, with the backdrop of increasing consumer complaints to the Indonesian Ministry of Trade, which reached 20,942 cases as of March 2025—92.7% of which originated from online transactions. The core issue lies in the weak legal protection stemming from unilaterally drafted contracts by business actors, which tend to disadvantage consumers. The objective of this research is to formulate a model of adaptive and equitable digital contract clauses to minimize dispute risks. This study employs a normative legal research method with a conceptual and statutory approach, using primary and secondary legal sources selected through purposive sampling. The findings indicate that the most effective clauses in preventing disputes include provisions on consumer rights and obligations, intellectual property protection, payment terms, product return policies, exoneration clauses, and dispute resolution mechanisms. However, shortcomings persist, such as the unilateral drafting of clauses, lack of transparency, and limited consumer access to justice mechanisms. Therefore, the design of electronic contracts must adhere to the principle of balanced interests between parties, align with the legal requirements of valid agreements under the Indonesian Civil Code (KUHPerdata), the Electronic Information and Transactions Law (UU ITE), and Government Regulation No. 71 of 2019, and incorporate fair, transparent, and accessible dispute resolution systems. The study concludes that an inclusive and proportional digital contract clause model is essential for strengthening consumer legal protection in e-commerce transactions.
The Keabsahan Talak melalui Media Sosial dalam Putusan Nomor 101/Pdt.G/2013/PAJB: Analisis Yuridis dalam Perspektif Fikih Kontemporer Firdaus, Firdaus; Desminar, Desminar; Anggreni, Ika
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.v4i2.6492

Abstract

The increasing prevalence of divorce declarations made via social media has become a pressing issue, warranting examination from the perspectives of Indonesian positive law, the Kompilasi Hukum Islam (KHI), and contemporary fiqh interpretations. This study aims to analyze the legal validity of divorce (talak) conveyed through social media, based on these three frameworks, with reference to Case Decision Number 101/Pdt.G/2013/PA.JB. A normative juridical method was employed through library research. The findings indicate that, from a fiqh perspective, talak delivered via social media may be considered valid by analogy (qiyas) based on the legal reasoning (‘illat) as discussed by al-Mawardi. However, under Indonesian positive law, specifically Law No. 1 of 1974 Articles 38–40, Law No. 7 of 1989 in conjunction with Article 65, and Article 115 of the KHI divorce is only legally valid when pronounced before a session of the religious court. Most contemporary fiqh scholars also uphold the view that divorce must be conducted verbally and formally through legal procedures. Therefore, divorce declared through social media holds no legal validity in Indonesia. The study concludes that formal procedural compliance is essential for a divorce to be legally recognized. The implication is that married couples must exercise caution when expressing divorce declarations to avoid conflict with Islamic family law and the national legal system.
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.

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