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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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Relation between Married Couple in Indonesian Islamic Marriage Law Perspective Human Right International Instrument Nashrullah, M. Faiz; Ariswanto, Dery; Budiawan, Ezra Junsevo
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.v4i3.6911

Abstract

Indonesia's Islamic marriage law, established in 1974 and partially revised in 2019, is increasingly viewed as outdated, particularly in its regulation of spousal relationships. While the 2019 amendment addressed the legal age of marriage, other substantive aspects, especially those governing the relationship between husband and wife remain misaligned with international human rights standards. This study aims to analyze the provisions governing marital relations in Indonesia’s Islamic marriage law through the lens of international human rights instruments. Adopting a qualitative, literature-based research design, the study utilizes legislative and conceptual approaches, with a specific focus on the principle of justice as articulated in global human rights frameworks. The findings indicate that, although Indonesia’s Islamic marriage law has incorporated several principles consistent with human rights norms, it still contains provisions that perpetuate gender-based disparities. These include the formal designation of the husband as the head of the household and the wife as a homemaker, as well as imbalances in rights and responsibilities that reflect patriarchal assumptions. Such legal constructs not only conflict with gender equality but also undermine Indonesia's commitments to international human rights obligations. The study concludes by recommending further legal reform to harmonize Islamic marriage law with contemporary understandings of gender justice and human rights.
Collaborative Governance dalam Tata Kelola PDAM (Studi Kasus: Cluster Perumahan di Probolinggo) Khumairoh, Isna Wardhatul; Devi, Nourma Ulfa Kumala; Widyantoro, Sigid
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.v4i3.6948

Abstract

The availability of clean water remains a significant challenge in various Indonesian cities, including Probolinggo. Although Probolinggo City Regulation No. 5 of 2014 mandates the use of clean water services provided by the local water utility (PDAM) in residential area development, its implementation has yet to be fully effective. This study aims to analyze the collaborative governance strategy in the management of Perumdam Bayuangga in residential areas, as well as to identify the obstacles and efforts of stakeholders in implementing the policy. A descriptive qualitative approach was employed, with data collected through interviews, observations, and document analysis. The findings indicate that collaboration among the PDAM, government, and developers has improved, but remains unsystematic and lacks sustainability. Interactions among actors tend to be reactive, with no regular official forum in place. Moreover, community participation as end users is still passive and suboptimal. Nevertheless, Perumdam Bayuangga demonstrates a prompt response to public complaints. The study concludes that the effectiveness of collaboration is largely influenced by an adaptive institutional design, facilitative leadership, and proportional involvement of both primary and secondary stakeholders. These findings offer practical contributions to the enhancement of public service governance and may serve as a reference for similar policy development in other regions facing clean water access challenges.
Urgensi Perlindungan Hukum terhadap Para Pihak dalam Sengketa Wanprestasi Jual Beli Tanah (Tinjauan terhadap Putusan Nomor: 222/Pdt.G/2024/PN Tjk) Praja, Ahmad Farhan Nindya; Ritonga, Rifandy
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.v4i3.6955

Abstract

This study is motivated by the high frequency of land sale and purchase agreements in Indonesian society, which often lead to disputes arising from wanprestasi—a breach of contractual obligations by one of the parties. Such conditions result in losses, legal uncertainty, and the potential for civil legal conflict. The objective of this research is to analyze the urgency of legal protection for parties involved in wanprestasi disputes over land sale agreements, with a specific focus on the decision of the Tanjungkarang District Court No: 222/Pdt.G/2024/PN Tjk, based on a case in Bandar Lampung. The study employs an empirical juridical method, combining normative legal analysis of legislation with empirical examination through court decision analysis and interviews with relevant stakeholders. The findings show that the judge provided thorough legal reasoning by declaring the defendant in wanprestasi and ordering restitution of rights to the plaintiff. The legal protection granted was not only declaratory but also executory, reflecting the law’s function as a concrete instrument for safeguarding civil rights. The study affirms the importance of a legal system that ensures justice and legal certainty in land transactions, which are vital to the economic and social interests of society. The implications of these findings highlight the need to raise public awareness regarding the legality of land sale agreements and to strengthen the role of legal authorities in upholding justice and the rule of law.
Kalimat Efektif dalam Teks Laporan Hasil Observasi Siswa Kelas X Sekolah Menengah Atas Negeri 1 Kecamatan Guguak Kabupaten Lima Puluh Kota Juita, Safira Ratna; 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.v4i3.6964

Abstract

The ability to write effective sentences in observational report texts remains a challenge for secondary school students, primarily due to limited understanding of sentence structure, diction selection, and application of the Enhanced Spelling System (Ejaan yang Disempurnakan, EYD). This study aims to describe the effectiveness of sentences in the observational report texts written by Grade X students at SMAN 1 Guguak, Lima Puluh Kota Regency. A qualitative approach with a descriptive method was used. The sample consisted of 25 student reports, from which 522 sentences were analyzed using a staged elicitation technique: reading and understanding the texts, inventorying data, and classifying forms of effective sentences. Data analysis involved coding, identifying sentence forms, discussing findings, and drawing conclusions, with validity ensured through detailed descriptions and direct excerpts from student texts. The results revealed that only 216 sentences (41.4%) were classified as effective, while 306 sentences (58.6%) were ineffective. The most common errors were related to sentence structure (111 cases), followed by spelling (100 cases), and diction (95 cases). These findings indicate a low level of student proficiency in writing sentences that adhere to formal language norms. The study concludes that explicit instruction on effective sentence construction should be integrated into writing activities to help students express ideas clearly, concisely, and in accordance with proper Indonesian language standards.
Implikasi Yuridis Tata Kelola Perizinan Usaha Berbasis Risiko terhadap Asas Otonomi di Indonesia Syafakhorrahman, Moh; Miftah, Mushafi
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.v4i3.6977

Abstract

This study is motivated by the limited scholarly attention given to the implications of the risk-based business licensing system on regional autonomy, despite its significant impact on the structure of decentralized governance in Indonesia. The aim of this research is to analyze the legal framework and juridical implications of the risk-based licensing system in relation to the principle of autonomy as enshrined in the Indonesian Constitution. A qualitative normative research design was employed, utilizing secondary legal materials selected through purposive sampling. Data were collected through literature review and document analysis, and examined using statutory, conceptual, and historical approaches. The findings reveal that the governance of risk-based licensing, as regulated by Government Regulation No. 28 of 2025, tends toward centralization and diminishes the authority of local governments, thereby conflicting with the principles of decentralization mandated by Law No. 23 of 2014 and the 1945 Constitution. This system is assessed as potentially weakening regional autonomy and creating opportunities for manipulation in risk assessment, which could lead to corrupt practices. The study concludes that a reformulation of licensing policy is needed to maintain a balanced distribution of authority between central and regional governments, while promoting transparency and accountability in public service delivery. The implications of this research include a theoretical contribution to the discourse on central–regional relations within a unitary state, and practical recommendations for revising the legal framework on licensing, strengthening local government capacity, and evaluating the implementation of digital platforms such as OSS-RBA within the context of decentralization.
The Influence of Brand Ambassadors, Halal Labeling, and Price on Purchase Decisions of Wardah Skincare Products Among Generation Z in Medan Azhari, Maya Almalia; Murtani, Alim
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.v4i3.7032

Abstract

This study investigates the influence of brand ambassadors, halal labeling, and price on the purchase decisions of Wardah skincare products among Generation Z consumers in Medan City. Consumer purchase decisions involve the processes of selecting, acquiring, and using products or services to fulfill individual needs and preferences. Employing a quantitative research design with a causal associative approach, this study utilized cross-sectional primary data collected through a structured questionnaire. The target population comprised Generation Z individuals in Medan who have purchased and used Wardah skincare products, with a randomly selected sample of 100 respondents. The results of the analysis reveal that the brand ambassador variable has a significant partial effect on purchase decisions (t = 3.485, p = 0.001). Similarly, halal labeling shows a significant partial influence (t = 2.411, p = 0.018), as does price (t = 3.414, p = 0.001). Furthermore, the three variables collectively exert a significant influence on purchase decisions (F = 30.025, p = 0.000). These findings highlight the importance of ethical branding, religious considerations, and pricing strategies in shaping consumer behavior, particularly among Gen Z consumers in a predominantly Muslim market.
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.

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