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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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Kedudukan Ahli Waris yang Tidak Mau Menyelesaikan Hutang Pewaris dan Pembagian Harta Warisnya Fajri, Naura Nurul
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.7906

Abstract

Cases involving the refusal of inheritance by heirs often give rise to legal complications, particularly when the decedent dies under unnatural circumstances—such as homicide—and the order of death is uncertain. In such situations, heirs may reject the inheritance to avoid assuming the deceased’s outstanding debts. However, Islamic law upholds the ijbari principle, which mandates the acceptance of inheritance as a divine decree, determining both the share and the rightful recipients. This study aims to examine the legal mechanism for refusing inheritance and the distribution procedure when the primary heirs are no longer available. A quantitative method with a normative juridical approach was employed, utilizing primary data from statutory regulations, academic literature, and previous studies, alongside secondary data derived from publicly reported case chronologies in online media. The findings reveal that the refusal of inheritance (takharruj) is legally valid only if submitted directly by the concerned heir before a court and cannot be represented by third-party declarations. Furthermore, the distribution of the estate must proceed in accordance with the rights of lawful heirs or eligible substitutes. The study concludes that, under both Islamic and civil law, inheritance refusal is permissible, provided that it follows formal legal procedures. The implication is that any form of inheritance refusal must be formally submitted by the rightful heir in court to attain legal validity and to prevent potential disputes.
Analisis Yuridis terhadap Produk Hukum Pemerintah Daerah dalam Perspektif Prinsip Otonomi Daerah Amin, Muh.; Jamaluddin, Jamaluddin
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.7908

Abstract

The principle of regional autonomy, as guaranteed by Law Number 23 of 2014, continues to face significant challenges in its implementation, particularly concerning regulatory disharmony and the weak substantive quality of local legal instruments. This study aims to juridically analyze local government legal products through the lens of the regional autonomy principle. Employing a normative juridical approach, the study examines statutory regulations, legal doctrines, and scholarly literature to evaluate the formulation process, effectiveness, and normative barriers of local regulations. Data were collected through legal document analysis and case studies and analyzed using a qualitative-descriptive method. The findings identify three core issues: (1) inadequate vertical and horizontal harmonization between local and central regulations; (2) limited institutional capacity and human resources in the drafting and implementation of local regulations; and (3) insufficient public participation in the legislative process. These findings indicate that the implementation of regional autonomy in Indonesia remains predominantly administrative rather than substantive. Theoretically, this study proposes an integrative evaluative framework combining the principles of the rule of law, legal autonomy, and good local governance to assess the quality of local legal substance. Key recommendations include strengthening local legislative drafting institutions, enhancing participatory mechanisms, and improving central–local policy harmonization to realize a democratic, effective, and equitable regional autonomy. This study contributes conceptually to the development of the relationship between national and local law within the framework of a unitary state.
Tinjauan Hukum Dosen Pegawai Negeri Sipil Merangkap Profesi sebagai Advokat Pasca Putusan Mahkamah Konstitusi Nomor 150/PUU-XXII/2024 Syafithri, Firda Nisa; Faqih, Moch. Dinul
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.7938

Abstract

The Constitutional Court Decision Number 150/PUU-XXII/2024 has sparked considerable debate regarding the independence of the legal profession and the integrity of Indonesia’s legal system, particularly in the context of dual roles held by civil servant (PNS) lecturers who also serve as advocates. The core issue lies in the potential conflict of interest between the civil servant's loyalty to the state and the professional demand for advocate independence. This study aims to examine the implications of the decision for the advancement of academia and the integrity of the legal profession, and to assess whether it supports the implementation of the Tri Dharma Perguruan Tinggi or instead sets a precedent that threatens advocate independence. The research employs a normative-empirical juridical approach, analyzing Law Number 18 of 2003 on Advocates, the Constitutional Court's ruling, and empirical data gathered through observation and interviews with legal academics and practitioners. The findings indicate that the dual role of PNS lecturers as advocates, if managed ethically and professionally, can yield positive contributions to both the legal system and higher education. First-hand legal practice enhances the contextual and practical dimensions of legal education, thereby strengthening the synergy between theory and practice. Nevertheless, the potential for conflicts of interest and the risk of compromised professional independence must be mitigated through clear regulatory frameworks and robust oversight mechanisms. This study offers a conceptual contribution to policy formulation that harmonizes the Law on State Civil Apparatus and the Advocate Law, while also enriching academic discourse on the redefinition of lecturers’ roles as agents of change within Indonesia’s legal system.
Kedudukan Kearifan Lokal dalam Penataan Tata Ruang Kota di Pemerintahan Daerah Islahuddin, Muhammad; Mukhtar, Maulana Muhammadinil
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.7956

Abstract

Local wisdom represents an embodiment of traditional knowledge articulated in values, norms, and practices understood by communities in interaction with their natural environment, including hukum kearifan lokal (local wisdom law), which has developed and been practiced across generations within particular communities. This study aims to examine the position of local wisdom within urban spatial planning at the regional government level. A qualitative approach was employed using library research, with documentation techniques as the primary means of data collection, followed by descriptive analysis. The findings show that realizing a substantive role for local wisdom in urban spatial planning within regional governments requires planned and continuous guidance by local authorities involving various community elements, such as customary leaders, religious figures, and environmental advocates. Through the accommodation of local wisdom as a community asset in spatial planning policies and practices, implemented collaboratively by regional governments, indigenous communities, and customary leaders, local wisdom can be more substantively integrated into urban spatial management. These findings imply the need to strengthen the role of regional governments in institutionalizing local wisdom as a moral, social, and ecological foundation for sustainable urban spatial planning policies.
The Impact of the Delay in Inheritance Distribution on Harmony Within the Extended Family in Darul Makmur District, Nagan Raya Regency Fadli, Ricki; Abdullah, Suarni; Amri, Aulil
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.7964

Abstract

This study analyzes the impact of delayed inheritance distribution on family harmony in Darul Makmur District, Nagan Raya Regency, and examines this practice from the perspective of Islamic law. The research is motivated by the frequent postponement of inheritance distribution in the community, which often escalates into disputes and intra-family conflict. Using a qualitative method with a juridical-empirical approach, the study draws on in-depth interviews and document analysis of three delayed inheritance cases that occurred in the villages of Suka Ramai, Ladang Baru, and Ujong Tanjong. The findings reveal that postponing inheritance distribution has detrimental consequences for family relations, including broken communication, jealousy, mistrust, and even open conflict among heirs. From an Islamic legal perspective, delaying inheritance distribution without a valid syar'i reason constitutes an act of injustice because it withholds the rights of others and violates the principle of fairness prescribed in the Qur'an and Sunnah. The study concludes that inheritance should be distributed promptly after the deceased's obligations have been fulfilled in order to safeguard justice, preserve family harmony, and promote overall family well-being.
Integrasi Pendidikan Berpusat pada Anak dan Kesetaraan Gender dalam Kerangka Pendidikan Islam: Analisis Konseptual Humanistik-Profetik Gunarsih, Asma'I; Yusgiantara, Akbar; Ibrahim, Rustam
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.8036

Abstract

Although child-friendly education and gender equality have been widely examined, studies that specifically address the integration of these two concepts within the framework of Islamic education remain limited. This study aims to examine the normative foundations, pedagogical significance, and practical implications of integrating child-friendly education and gender equality within Islamic education. It employs a qualitative methodology based on a literature review and content analysis of primary and secondary sources, including scholarly literature, policy documents, and recent Islamic studies relevant to educational environments. The findings indicate that the principles of rahmah (compassion), karāmah al-insāniyyah (righteous deeds), and al-‘adl (justice) function as fundamental pillars for realizing non-repressive and gender-equitable education, such that their integration fosters a safe, inclusive, and humanistic learning environment. These findings broaden understanding of prophetic Islamic pedagogy and offer a conceptual framework for educational institutions to reformulate their curricula and teaching methodologies. The study also opens prospects for further inquiry through field studies and longitudinal approaches to evaluate the effectiveness of this integrative paradigm in contemporary Islamic educational practice.
Peran TNI AL dan BAKAMLA dalam Menjaga Kedaulatan Laut di Wilayah Perbatasan Papua Selatan sebagai Implementasi Asta Cita Fahmi, Muhammad Saiful; Burhanuddin, Burhanuddin; Klau, Ricardo Goncalves; Jaya, Andi Ervin Novara; Majid, Ilham
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.8095

Abstract

As the world’s largest archipelagic state, Indonesia possesses vast and strategically important maritime areas, including the southern Papua maritime border adjacent to Australia and Papua New Guinea, which is vulnerable to sovereignty violations such as illegal fishing, smuggling, and border incursions. This study examines the role of the Indonesian Navy (TNI AL) as the main component of national defense in Indonesian jurisdictional waters in safeguarding the territorial integrity of the Unitary State of the Republic of Indonesia (NKRI) and securing sea lines of communication and national interests from various threats, while also analyzing the role of the Indonesian Maritime Security Agency (Bakamla), particularly the Bakamla Station in Merauke, as a non-military maritime security and safety guardian operating through the Indonesia Maritime Patrol system. The research employs an empirical juridical approach by reviewing key regulations, including Law Number 34 of 2004 on the Indonesian National Armed Forces (TNI) as last amended by Law Number 3 of 2025 on the TNI, Law Number 32 of 2014 on Maritime Affairs, and Presidential Regulation Number 178 of 2014, and by analyzing the implementation of these legal frameworks in society. The findings show that TNI AL and Bakamla (Bakamla Station Merauke) constitute the front line of national maritime security in line with Indonesia’s national development vision as articulated in Asta Cita, particularly its second pillar on consolidating the national defense and security system. However, optimalizing the role of these two institutions is still constrained by limited resources, the complex geopolitical dynamics of the southern Papua border area, and regional sentiments in the Asia–Pacific. These findings underscore the importance of strengthening institutional capacity, enhancing inter-agency coordination, and updating maritime security strategies to support the realization of a robust maritime defense posture that is responsive to the evolving threat landscape in border regions.
Urgensi Etika Profesi Hakim dalam Pandangan Hukum Islam sebagai Upaya Penegakan Keadilan di Indonesia Satriya, Muhamad Raka Putra; Junaidi, Muhamad
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.7515

Abstract

Judicial ethics as articulated in the Code of Ethics and Guidelines for Judges’ Conduct (KEPPH) is a fundamental instrument designed to safeguard the independence, integrity, and objectivity of the judiciary in Indonesia, particularly amid disparities in judicial decisions and the exposure of ethical violations by some judges, which highlight the urgency of strengthening ethical instruments as the moral safeguard of the courts. This study aims to analyze the legal status of KEPPH within the national legal system and its relevance to the principle of justice as the ultimate objective of law. Methodologically, it adopts a normative juridical approach based on library research by examining legislation, KEPPH, relevant judicial decisions, as well as positive law literature and pertinent references on Islamic legal ethics. The analysis is conducted using a normative qualitative method to map the ratio legis and scope of regulation, test the consistency of implementation, and assess the effectiveness of ethical oversight mechanisms. The findings indicate that KEPPH is not merely a technical code but a manifestation of the values of justice, honesty, impartiality, and accountability that must permeate every stage of the adjudication process, and therefore needs to be reinforced through the standardization of principle interpretation, the enhancement of judges’ ethical capacity through continuous training, and the optimization of discipline enforcement based on transparency and public participation. These measures are expected to enable KEPPH to function as a form of living ethics that promotes consistency in judgments, reduces opportunities for misconduct, and restores public trust in the judiciary as the guardian of constitutional justice. Theoretically, this study sharpens the conceptual understanding of the relationship between codes of ethics and judicial authority, while practically it provides an evaluative framework for the Supreme Court (Mahkamah Agung) and the Judicial Commission (Komisi Yudisial) in formulating more implementable guidelines. The policy implications include integrating ethical performance indicators into promotion, rotation, and professional development processes, as well as utilizing easily accessible technology for reporting violations, thereby underscoring the urgency of sustained public accountability.
Relasi Ayat ‘Am dan Khas: Antara Praktik dalam Perkara Thalaq dan Transformasi Hukum Keluarga Islam di Indonesia Alhafis, M.; Alfin, Muhammad; Siregar, Hendri Sutia; Taufiq, Muhammad
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.8143

Abstract

This study examines the interpretation of ayat ‘am (general) and khas (specific) in the Al-Qur’an related to thalak (divorce) and its relevance for the renewal of Islamic family law in Indonesia. The background of the study lies in the existence of divergent interpretations of divorce verses, which often influence the application of family law in contemporary social and legal contexts. The research aims to analyze the meaning of ayat ‘am and khas on thalak based on tafsir and uṣūl al-fiqh approaches, and to explain their implications for developing a more just and contextually responsive family law in Indonesia. This qualitative library research employs thematic exegesis (tafsīr maudhu‘ī), an uṣūl al-fiqh perspective, and a juridical-normative approach. Primary data are drawn from Al-Qur’an verses on thalak (Q.S. al-Baqarah: 229–230; Q.S. at-Talaq: 1–2), classical tafsir works, and foundational legal literature, while secondary data are obtained from books, journal articles, and regulations on family law in Indonesia. The findings show that ayat ‘am provide general principles of divorce, whereas ayat khas regulate the procedures and ethics of its implementation in more specific terms; an integrative interpretation of both yields a legal construction that balances normative and practical dimensions. Within the context of Indonesian family law, these principles support legal reform aligned with maqāṣid al-syarī‘ah, particularly the values of justice (‘adl), public welfare (maṣlaḥah), and the protection of human dignity. Accordingly, the interpretive framework of ayat ‘am and khas on thalak can serve as a conceptual foundation for strengthening Islamic family law in Indonesia so that it becomes more adaptive to contemporary developments while remaining firmly rooted in Al-Qur’anic values.
Peluang dan Tantangan Implementasi Kebijakan Pengakuan dan Pembiayaan Pesantren Berbasis Undang-Undang Nomor 18 Tahun 2019 Djauhari, Imam
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.8160

Abstract

The legalization of recognition and financing of pesantren through Law No. 18 of 2019 has reshaped the configuration of education governance in Indonesia by positioning pesantren within a public funding framework that previously lacked clear operational definition. This study aims to elucidate the institutional opportunities arising from this legal framework while mapping implementation barriers across different levels of bureaucracy. Using an integrated qualitative approach, the analysis combines the review of statutory regulations, ministerial policy documents, and multi-level empirical evidence from the 2019–2024 period, processed through iterative thematic coding to identify regulatory misalignments, capacity gaps, and data system vulnerabilities. The findings indicate significant institutional benefits, including strengthened legal legitimacy for pesantren, expanded channels of state funding, and the emergence of incentives for governance reform. However, several key obstacles are identified, such as disharmony among derivative regulations, uneven administrative readiness across regions, varying consistency in EMIS data, and unequal subnational fiscal commitment. The effectiveness of Law No. 18 of 2019 is shown to depend critically on regulatory harmonization across government tiers, enhanced pesantren management capacity, and the consolidation of standardized, data-driven funding mechanisms. These findings provide a strategic basis for policymakers to integrate pesantren into the architecture of modern public financing without eroding their epistemic and cultural identity as distinctive Islamic educational institutions.

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