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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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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.
Pertanggungjawaban Hukum terhadap Pelaku Tindak Pidana Pemberian Keterangan Palsu secara Menyesatkan kepada Penerima Fidusia ditinjau dari Undang-Undang Nomor 42 Tahun 1999 (Studi Putusan Nomor 75/Pid.Sus/2024/PN.Tjk) Yarra, Leicha; Jainah, Zainab Ompu
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.v4i3.6820

Abstract

This study is motivated by the legal accountability issues surrounding perpetrators of criminal acts involving the provision of misleading false statements to fiduciary recipients, which constitutes a violation of the principle of trust in fiduciary security agreements. Providing false information not only causes legal and economic harm to the fiduciary recipient but also undermines the validity of the collateral object itself. The objective of this research is to analyze the forms of legal accountability imposed on such offenders based on Law Number 42 of 1999 concerning Fiduciary Security, through a case study of Decision Number 75/Pid.Sus/2024/PN.Tjk in the Bandar Lampung jurisdiction. The research employs a normative juridical method, using statutory, legal theory, and judicial decision approaches. The findings indicate that perpetrators may be subject to criminal sanctions under Article 35 of Law Number 42 of 1999 and, in specific cases, may also be charged under provisions in the Indonesian Criminal Code (KUHP) relating to fraud or data falsification. Legal enforcement against such offenders is essential to create a deterrent effect and to ensure legal protection for fiduciary recipients. This study recommends stricter oversight of fiduciary agreement implementation and improved public legal literacy regarding the legal consequences of providing false information in fiduciary practices.
Pengaruh Gaya Hidup dan Sertifikasi Halal terhadap Keputusan Pembelian Produk Perawatan Kecantikan Marketplace TikTokShop Mahasiswa Universitas Ibn Khaldun Bogor Riswandi, Muhammad Fadil; Nawawi, Kholil; Hakim, Nurman
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.v4i3.6821

Abstract

This study is grounded in the rising trend of social media-based marketplaces and the growing awareness among Muslim consumers regarding the importance of products that align with sharia principles. The objective of this research is to analyze the influence of lifestyle and halal certification on the purchasing decisions of beauty care products on the TikTok Shop platform among students of the Sharia Economics Program at Ibn Khaldun University, Bogor. A quantitative approach was employed using a survey method, with data collected through questionnaires distributed to active students from the 2021 to 2023 cohorts. Data analysis was conducted using multiple linear regression. The results indicate that lifestyle and halal certification have a significant simultaneous influence on purchasing decisions for beauty products. Partially, lifestyle exerts a dominant influence, while halal certification remains a significant factor in shaping consumer decisions. These findings suggest that marketing strategies targeting young Muslim consumers should consider lifestyle patterns alongside product halal compliance as added value. The implications of this research include the need to enhance consumer literacy regarding halal products and to strengthen business actors’ understanding of the dynamics of the halal market in the digital era.
Implementasi Penegakkan Hukum Tindak Pidana Pemilihan Umum Tahun 2024 oleh Sentra Penegakkan Hukum Terpadu (Gakkumdu) di Kota Padang Azra, Syifana; Mubarak, Adil
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.v4i3.6863

Abstract

This research is motivated by the Integrated Law Enforcement Center (Gakkumdu), a forum that collaborates three institutions: the Election Supervisory Agency (Bawaslu), the Police, and the Prosecutor's Office (Kejaksaan Jaksa), to achieve a common understanding of law enforcement related to election crimes in Indonesia. However, in its policy implementation, problems remain related to the failure to optimally achieve the goals, functions, and essence of the Gakkumdu Center itself. The purpose of this study is to analysis the implementation of law enforcement for election crimes in 2024 by the Integrated Law Enforcement Center (Gakkumdu) in Padang City and to examine the factors influencing its implementation. The research method used is a qualitative approach with descriptive methods and data collection techniques, namely interviews and documentation. The theories used are policy implementation and the theory of factors influencing criminal law enforcement by Soerjono Soekanto in The results of this study indicate that the implementation of criminal law enforcement for the 2024 General Election by the Integrated Law Enforcement Center (Gakkumdu) in Padang City is still suboptimal. This is evident in the lack of human resources focused on their duties within the Padang City Gakkumdu, low accessibility, suboptimal coordination between Gakkumdu elements, unintegrated socialization and publication, and limited transparency. Furthermore, the implementation of this policy is influenced by legal factors, including regulatory dynamics, time constraints, and unclear interpretations of articles. Law enforcement factors indicate obstacles in coordination, legal understanding, and capacity to handle money politics. Facilities and infrastructure, although considered adequate, limited work space and supporting facilities reduce Gakkumdu's operational efficiency. Societal factors, such as low legal awareness and apathy toward election violations, hinder public participation in supporting law enforcement. Cultural factors, particularly economic conditions and vulnerability to money politics, reflect structural challenges that impact legal compliance.
Komparasi Keterampilan Menulis Teks Laporan Hasil Observasi dengan Keterampilan Menulis Teks Cerpen Siswa Kelas XI SMA Negeri 1 Payakumbuh Amelia, Reski; Rasyid, Yulianti
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.v4i3.6876

Abstract

This study is motivated by the differing complexities between factual and narrative texts in high school writing instruction, which affect students' writing proficiency outcomes. The aim of this research is to describe students' skills in writing observational report texts, describe their skills in writing short stories, and analyze the comparison between the two among Grade XI students at SMA Negeri 1 Payakumbuh. A quantitative approach was employed using a descriptive-comparative design. The sample consisted of 30 students selected through proportional random sampling. The research instruments included performance-based writing tests and an assessment rubric covering structure, content, and diction. Data were collected through two writing assignments and analyzed using descriptive and inferential statistics, including a t-test. The results showed that students’ writing skills for observational report texts were in the Very Good category (average score 88.78), while their skills in writing short stories fell into the Good category (average score 76.25). The t-test revealed a significant difference between the two writing skills (tₕᵢₜᵤₙg = 5.66 > tₜₐᵦₑₗ = 1.69), thus supporting the alternative hypothesis. This study contributes to a better understanding of the need for adaptive writing instruction tailored to the distinct characteristics of factual and narrative texts in order to optimize student mastery of both forms.

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