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Muhammad Irwan Hadi
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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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Pengaruh Kualitas Produk dan Pemasaran Islami melalui WhatsApp terhadap Kepuasan Konsumen UMKM Kerupuk Ibu Tarsih Nur Arifah, Thazra; Hamdani, Ikhwan; Gustiawati, Syarifah
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.v4i4.8161

Abstract

Intensifying competition among UMKM (micro, small, and medium enterprises) and changing consumer behavior that demands high product quality and more ethical marketing approaches, including through digital media such as WhatsApp, require UMKM to maintain product quality while implementing marketing strategies grounded in Islamic values in order to build trust and enhance customer satisfaction. This study aimed to analyze the effect of product quality and Islamic marketing via WhatsApp on customer satisfaction of UMKM Kerupuk Ibu Tarsih in Bogor City, both partially and simultaneously. A quantitative survey design was employed, involving 61 respondents selected through incidental sampling. Data were collected using a standardized questionnaire that had been tested for validity and reliability, and were analyzed using multiple linear regression with the aid of SPSS. The results show that product quality has a significant effect on customer satisfaction, and that Islamic marketing via WhatsApp likewise makes a significant contribution to increasing satisfaction. Simultaneously, the two variables exert a strong influence, with a coefficient of determination of 0.763, indicating that 76.3% of the variance in customer satisfaction is explained by product quality and Islamic marketing via WhatsApp. These findings affirm that the combination of consistent product quality and Islamic value–based marketing communication through digital platforms is effective in building customer satisfaction and potential loyalty. The study recommends that UMKM actors consistently improve product quality and optimize Islamic marketing practices in digital media, and suggests further research to incorporate additional variables such as price and service quality as well as to extend the scope of inquiry to other UMKM contexts.
Refleksi terhadap Tujuan Hukum dengan Delik Aduan dalam Pasal 284 KUHP tentang Perzinahan Perspektif Maqashid Syari’ah Ardianto, Moh. Aprizal; Syamsuri, Syamsuri; Yusuf, Muhammad Waliyuddin
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.v4i4.8182

Abstract

The formation of law aims to maintain order and social protection while preserving a sense of justice, including within the sphere of societal morality. Article 284 of the Indonesian Criminal Code, which regulates the criminal act of adultery, is intended as a legal instrument to safeguard social order; however, the complaint-based (delik aduan) mechanism inherent in this provision often generates new social conflicts and is considered less compatible with efforts to uphold morality in society. This article seeks to reflect on the compatibility of the regulation of adultery in Article 284 of the Criminal Code with the principles of maqasid syari’ah. The study employs a normative juridical method, taking the Indonesian Criminal Code as the primary legal source, supported by secondary legal sources in the form of literature reviews, doctrines, legal theories, and expert opinions. The findings indicate that Article 284 constitutes an absolute complaint-based offense which, in practice, has the potential to hinder the attainment of legal objectives, reduce the effectiveness of law enforcement, and open space for social impunity, thereby not fully reflecting the protection of the values of maqasid syari’ah. These results point to a tension between the construction of the complaint-based offense in Article 284 of the Criminal Code and the moral protection objectives that constitute the primary orientation of maqasid syari’ah, thus requiring a critical reading of the role of this article as an instrument for guaranteeing social order and justice.
Konstruksi Hukum Terkait Hak atas Kehidupan dan Pekerjaan bagi Pekerja Rumah Tangga berdasarkan Undang-Undang Ketenagakerjaan Agustia, Yefiza Nahri; Marsal, Irsyaf
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.v4i4.8191

Abstract

The right to work and to a decent livelihood ought to be guaranteed by the state; however, in reality, equal access to formal employment opportunities has yet to be realized, driving many citizens to work as domestic workers under conditions of inadequate wages and benefits. In practice, the majority of domestic workers receive wages below the minimum wage standard and often without guaranteed benefits, reflecting weak protection of their normative rights. This study aims to analyse in depth the implementation of statutory regulations, legal principles, and legal doctrines related to the protection of domestic workers, grounded in a legal policy framework, in order to formulate appropriate policies to safeguard their normative rights. A normative juridical approach is employed through an examination of legislation, legal principles and doctrines, as well as comparative analysis with regulatory frameworks in several countries, such as South Africa and the Philippines, which have enacted specific legislation on domestic workers. The findings show that these countries explicitly regulate minimum wage standards, holiday allowances, maternity leave entitlements, unemployment insurance, and even guarantees of adequate housing for domestic workers, whereas in Indonesia similar regulations remain weak and fragmented. These results indicate the need to revise national policy by setting a minimum wage standard for domestic workers equivalent to the provincial minimum wage, accompanied by sanction mechanisms for violations, so that the protection of wages and benefits becomes fairer and more effective. Accordingly, the strengthening of specific regulations on domestic workers is expected to establish a fair and dignified regulatory framework for domestic workers without neglecting employers’ interests, while simultaneously providing a stronger legal policy foundation for the formulation of domestic labour protection policies in Indonesia.
Analisis Kesetaraan Gender di dalam Dunia Pendidikan dan Dunia Kerja dengan Mempertimbangkan Kepercayaan Norma Budaya Matrilineal dalam Budaya Minangkabau Agustia, Yefiza Nahri; Wahyudi, Slamet Tri
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.v4i4.8192

Abstract

Gender inequality is a structural issue deeply rooted in many countries, including Indonesia, and is manifested in domestic, political, educational, and occupational domains, even though the right to gender equality is inherently held by all individuals without exception. Patriarchal culture in Indonesia remains a firmly entrenched reality that positions one group as the primary holder of authority and control in various spheres of life, thereby generating injustice and gender disparities that disadvantage women and hinder national progress. This article aims to analyze the influence of matrilineal culture in Minangkabau society on women’s representation in education and the world of work, to identify matrilineal cultural factors that shape this representation, and to formulate strategies within a matrilineal cultural framework to enhance women’s involvement in bela negara. The discussion focuses on how the values and social structures of Minangkabau matrilineal culture can serve as a counterbalance to the dominance of patriarchal systems while simultaneously opening broader spaces for women’s participation in the public sphere. Through this analysis, the article argues that a deeper understanding of Minangkabau matrilineal culture has the potential to provide a conceptual foundation for strengthening women’s representation in the education sector and the labour market, as well as for designing more contextually grounded strategies to promote women’s active role in bela negara.
Analisis Penerapan Sistem Politik Rasulullah serta Relevansinya di Indonesia sebagai Negara Modern (Studi Pemerintahan di Kecamatan Anyer, Provinsi Banten) Nasution, Saipul; Amirullah, Muhammad Azrul; Martajaya, Lu’lu Galih
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.v4i4.8193

Abstract

This study is grounded in the evolving political, legal, and social dynamics in Indonesia, where, despite not being a religious state, Islam as the majority religion continues to exert a significant influence on the direction of change. The study aims to provide an in-depth analysis of the implementation of the Islamic political system and to evaluate its relevance in the context of Indonesia as a modern state based on Pancasila, with a particular focus on governmental practice in Kecamatan Anyer, Banten Province. A qualitative method with a phenomenological approach was employed, concentrating the analysis on the administration of sub-district government. The findings show that the integration of the Islamic political system in Indonesia is not realized through the formalization of an Islamic state ideology, but rather through the adaptation and negotiation of Islamic values within a democratic and pluralistic framework. In the context of the Anyer Sub-District Government, the relevance of Islamic political values is evident in their function as a source of ethics and morality that contributes to shaping the character of public officials and to formulating just and civilized policies. The apparatus of Kecamatan Anyer have applied values consistent with the Prophet’s political principles, although implementation remains uneven due to bureaucratic constraints and low levels of community participation. The values of syura (consultation), justice, and exemplary leadership are shown to be relevant in supporting the effectiveness of development deliberations and in improving the quality of public service. This study affirms that the Prophet’s political values can be adapted within a modern democratic system without altering the fundamental structure of the state and can make both theoretical and practical contributions to strengthening governance grounded in ethics and religious values. Overall, the integration of the Prophet’s political values can serve as an applicative guideline for improving the quality of local government in Indonesia.
Analisis Pelaksanaan Perkawinan Adat Suku Baduy dan Pelanggaran Adat yang Berimplikasi pada Pembatalan Perkawinan di Desa Kanekes, Banten Maulana, Akmal; Zazili, Ahmad; Trijaya, M. Wendy
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.v4i4.8214

Abstract

The Indigenous Baduy community is known for consistently maintaining its traditions, including in marriage practices, despite increasing modernization and interaction with the outside world that increasingly influence their way of life. This situation raises questions regarding how customary marriages are conducted and what types of violations may lead to the annulment of a marriage under Baduy customary law. This study aims to analyze the implementation of Baduy customary marriage and to identify customary violations that result in the invalidation of a marriage. An empirical legal research method with a normative–empirical approach was employed; primary data were obtained through direct observation and in-depth interviews with customary leaders (Puun, Jaro, and sesepuh adat) and members of the Baduy community in Desa Kanekes, Banten, while secondary data were collected from relevant literature, journals, and statutory regulations. The data were analyzed qualitatively by integrating empirical findings from the field with the prevailing norms of Baduy adat law and comparing them with national legal provisions. The results show that Baduy customary marriage is carried out through sacred processes such as bobogohan, ngariksa, and ngabokor, led by the Puun and Jaro in accordance with customary rules, and a marriage is deemed valid when it meets age requirements, obtains family approval, and receives the consent of customary authorities. Conversely, violations such as marrying an outsider, entering into marriage without the Puun’s approval, or failing to comply with prescribed ritual procedures result in the marriage being declared void and subject to customary sanctions. These findings affirm that Baduy customary law plays a crucial role in preserving cultural values and local wisdom, while also serving as concrete evidence of the reality of legal pluralism in Indonesia.
Analisis Proses dan Hambatan Pendaftaran Motif Tenun Suat Songket Baduy Luar sebagai Indikasi Geografis Asal Provinsi Banten Syafira, Sofiyatul; Adhan, Sepriyadi; Trijaya, Moh. Wendy
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.v4i4.8227

Abstract

This study is motivated by the existence of Tenun Baduy Luar from Desa Kanekes, Banten Province, as an important cultural heritage that embodies the aesthetic, philosophical, and cultural identity values of the Baduy community. Produced using traditional techniques with the unique and highly meaningful Suat Songket motif, this weaving reflects the community’s close relationship with nature and customary traditions, yet it has not obtained legal protection as Indikasi Geografis (Geographical Indication, GI) in accordance with Undang-Undang Nomor 20 Tahun 2016. The research aims to identify and analyze the obstacles in the process of recognizing the Suat Songket weaving motif as a GI originating from Banten Province, examined from legal, administrative, and sociocultural aspects, as well as from the level of awareness among indigenous communities regarding the protection of communal intellectual property. The study employs an empirical juridical approach, using primary data collected through interviews with artisans, customary leaders, and relevant local government officials, and secondary data obtained through literature review; legal and sociological approaches are applied to examine regulations and the socio-cultural conditions of the Baduy community. The findings show that the Suat Songket motif possesses distinctive characteristics closely linked to the geographical and cultural identity of the Baduy people, but it has not yet fully met the requirements for legal protection under the GI scheme. The main obstacles include the absence of a formally structured managing organization, limited integration of administrative data among local stakeholders, and insufficient outreach on the importance of GI for the preservation and protection of communal intellectual property. The study concludes that GI recognition for the Suat Songket weaving motif has the potential to provide effective legal protection, safeguard product authenticity and quality, and enhance its economic value and competitiveness in both local and global markets. The implications highlight the importance of government support and active participation of indigenous communities as key to realizing the sustainable preservation and development of weaving crafts based on Geographical Indications.
Peran Kecanduan Game Online terhadap Regulasi Emosi pada Generasi Z Victorio, William; Agustina, Agustina
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.v4i4.8255

Abstract

Online game addiction is an increasingly prominent phenomenon among Generation Z, a cohort closely connected to digital technologies and at heightened risk of experiencing difficulties in emotion regulation. This study aims to analyze the role of online game addiction in emotion regulation among Generation Z. A quantitative approach with purposive sampling was employed, involving 194 participants aged 17–28 years who played online games for 20–30 hours per week. The research instruments consisted of the Indonesian Game Addiction Questionnaire (IGAQ) to measure the level of online game addiction and the Emotion Regulation Questionnaire (ERQ) to assess emotion regulation. Simple linear regression analysis showed that online game addiction has a significant effect on emotion regulation (R² = 0.687; p < 0.001), indicating that 68.7% of the variance in emotion regulation is explained by online game addiction. The negative relationship suggests that the higher the level of online game addiction, the lower the individual’s ability to manage and express emotions adaptively. Additional analyses also revealed significant negative associations for both cognitive reappraisal and expressive suppression. These findings confirm that online game addiction is an important factor influencing the emotional balance of Generation Z and should be a key target in mental health promotion and prevention efforts.
Kemudahan Pembayaran di Era Digital: Telaah Fikih Kontemporer terhadap Praktik Keuangan Modern Kutbaniyah, A'imatul
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.v4i4.8260

Abstract

The rapid development of digital financial services such as online lending (pinjol) and PayLater has created new challenges for Muslim communities, as their mechanisms frequently involve interest, ambiguous contractual terms, and late payment penalties that potentially conflict with the principles of Islamic law. This study aims to analyze the conformity of pinjol and PayLater systems with contemporary fiqh by identifying elements of riba, gharar, and tadlis in their operational practices. A qualitative, library-based research design is employed by examining classical fiqh literature, fatwas issued by DSN-MUI, regulations of OJK and BI, as well as recent academic studies on fintech and Islamic economic law. The findings show that the majority of conventional pinjol and PayLater services impose pre-agreed additional charges, percentage-based penalties, and unclear contractual information, thereby failing to meet the principles of justice and transparency in muamalah. The study concludes that such digital financial practices cannot be deemed sharia-compliant unless the contractual structures are reformulated and all interest-based charges and riba-based penalties are removed. The implications underscore the urgency of developing sharia-compliant digital financial alternatives, such as murabahah, qardh hasan, ijarah, and profit-sharing fintech models, to provide Muslim communities with safe and lawful financial access, as well as the importance of enhancing Islamic financial literacy to prevent consumptive behavior and recurrent debt traps.
Harmonisasi Hukum Acara Perdata dan Hukum Acara Peradilan Tata Usaha Negara dalam Penyelesaian Sengketa Dualisme Namira, Amanda Jihan; Wiraguna, Sidi Ahyar
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.v4i4.8277

Abstract

Disputes containing both civil law and administrative law elements often generate a dualism of judicial jurisdiction due to the lack of clear boundaries between the general courts and the Administrative Court (PTUN), a situation exacerbated by normative inconsistencies, overlapping regulations, and divergent judicial interpretations, so that a single object of dispute may be examined under two legal regimes simultaneously and thereby create legal uncertainty. This study aimed to analyze the points of intersection between civil procedural law and PTUN procedural law, identify obstacles arising in mixed-element disputes, and formulate theoretical solutions for harmonizing jurisdiction. The research employed a normative juridical method with statutory, conceptual, and case approaches through the analysis of primary, secondary, and tertiary legal sources. The findings show that jurisdictional dualism primarily occurs in disputes over government contracts, procurement of goods and services, and revocation of business licenses, which simultaneously contain private and administrative aspects, while the lack of synchronization in evidentiary mechanisms and the differing orientations of dispute resolution between the general courts and PTUN reinforce the potential for dual forums. The study concludes that harmonization is required through the strengthening of rules on subject-matter jurisdiction, the application of limited forum prorogatum, the establishment of an integrated court model, and the consistent development of jurisprudence. The implications of this research affirm that the alignment of procedural laws is a crucial prerequisite for ensuring legal certainty, enhancing the efficiency of dispute resolution, and strengthening public trust in the judicial system.

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