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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 389 Documents
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Penyebab Penghambat Sertifikat Cara Pembuatan Obat Tradisional yang Baik dalam Implementasi Legalitas Obat Tradisional: Studi pada Industri Obat Tradisional di Kalimantan Selatan Ridwan, Muhammad Rafif; Qamariyanti, Yulia
AHKAM Vol 5 No 1 (2026): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.8732

Abstract

This study was motivated by the need to understand inhibiting factors in obtaining the Good Traditional Medicine Manufacturing Practices (CPOTB) certificate as a legal prerequisite for traditional medicines in South Kalimantan, given that the CPOTB certificate is an official document confirming that traditional medicine industries have met quality and safety standards in accordance with the regulations of the Badan Pengawas Obat dan Makanan (BPOM). This study aimed to analyze the main barriers faced by business actors in the CPOTB certification process. The study employed an empirical legal approach with a case study of several traditional medicine industries in South Kalimantan classified under KBLI 21022. The findings showed that of 281 business actors, only 7 successfully obtained CPOTB certification. The main barriers identified included limited capital to meet the requirements for constructing permanent production facilities and procuring standard-compliant equipment, a shortage of competent human resources for quality management and documentation, and the complexity of administrative procedures and compliance with technically demanding requirements. These findings indicate that the current configuration of CPOTB regulations and technical requirements tends to burden micro and small enterprises, thereby constraining the expansion of legal compliance for traditional medicines. The study concludes that more adaptive and phased certification policies are needed so that micro and small enterprises can realistically meet CPOTB standards without excessive burden, while safeguarding the quality and safety of traditional medicine products.
Solusi Tawaf Wanita Haid: Studi Pemikiran Al-Barizi, As-Subki, Ibn Taymiyyah dan Ibn Qayyim Abdurrahman, Abdurrahman; Abrori, Ali Muhammad; Damanhuri, Damanhuri
AHKAM Vol 5 No 1 (2026): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.8740

Abstract

Studies on the legal ruling of tawaf for menstruating women have been widely conducted, yet research that comprehensively synthesizes the thought of Al-Barizi, As-Subki, Ibn Taymiyyah, and Ibn al-Qayyim within a single applicative framework remains unavailable. This study aimed to explore in depth the contributions of these four scholars through a literature-based method using decontextualization and recontextualization approaches to their primary works. The findings indicated that Al-Barizi pioneered a mapping of four factual conditions experienced by female pilgrims, whereas As-Subki provided a specific recommendation for the third condition by adopting the legal solution proposed by Ibn Taymiyyah and Ibn al-Qayyim. The study concludes that Al-Barizi’s classification is highly relevant to the challenges faced by Indonesian Hajj and Umrah pilgrims, while As-Subki’s recommendation, as a Shafi‘i scholar, to apply the opinions of Ibn Taymiyyah and Ibn al-Qayyim offers a significant legal solution for menstruating female pilgrims. This study has implications for strengthening contemporary fiqh literature and provides practical guidance for the government and Hajj/Umrah organizers in mitigating obstacles to women’s worship practices in the field.
Tradisi Tingalan di Dusun Sibarong dalam Perspektif Living Teologi Islam Subekti, Fiqi Restu; Zuhri, H.
AHKAM Vol 5 No 1 (2026): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.8754

Abstract

Although the concept of weton in the Javanese calendar has long been part of religious and cultural practice, studies that specifically examine the tradition of Tingalan or slametan weton as an expression of Islamic theology and local knowledge of one’s position in the cosmos remain limited. This study aims to uncover the theological values embedded in the practice of Tingalan in Sibarong and to explain how this tradition integrates Islamic teachings with local wisdom concerning the relationship between humans, nature, and God. The research employed a qualitative approach with a case study design, using participatory observation and in-depth interviews with religious leaders, community elders, and ritual practitioners as key informants. The findings show that the Tingalan tradition encompasses several core theological dimensions, including the affirmation of tauhid through the recitation of syahadat and tahlil, the manifestation of gratitude through the utterance of alhamdulillah and communal meals, the reinforcement of prayer and tawakal, sedekah as an expression of social solidarity, belief in barokah, and a cosmological awareness that interrelates humans, nature, and God. The results also indicate a pattern of continuity and adaptation, reflected in changes to the frequency of performance and the simplification of ritual elements in response to socio-economic transformations, without eroding the core theological meaning. In conclusion, the Tingalan tradition in Sibarong can be understood as a form of ilmu titen (inner awareness), namely local knowledge of the self’s relationship with nature within the framework of a lived Islamic faith, as well as a religious expression internalized in local cultural practice that contributes to the preservation of Javanese Islamic local wisdom.
Pelaksanaan Kewenangan Pengadilan Tinggi Tata Usaha Negara Medan dalam Menyelesaikan Sengketa Pemberhentian Pegawai Negeri Sipil di Provinsi Riau Oktapani, Silm; Libra, Robert; Noerdin, Zulkarnaen
AHKAM Vol 5 No 1 (2026): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.8816

Abstract

In the governance of modern states, the state civil apparatus (Aparatur Sipil Negara, ASN), including civil servants (Pegawai Negeri Sipil, PNS), occupies a strategic position as the frontline in implementing public policies and delivering public services, making legal certainty and protection of PNS rights crucial for administrative justice and bureaucratic stability. This study aimed to examine the exercise of jurisdiction by the Medan High Administrative Court (Pengadilan Tinggi Tata Usaha Negara, PTTUN Medan) in resolving PNS dismissal disputes in Riau Province under Supreme Court Regulation No. 2 of 2023 (Peraturan Mahkamah Agung Nomor 2 Tahun 2023), and to analyze its implications for PNS access to justice. This is a sociological legal study with an empirical approach that investigates how the regulation of jurisdiction is operationalized in practice, taking into account geographical, administrative, and institutional contexts. The findings show that the geographical distance between Riau Province and Medan City functions as a determining variable affecting PNS access to justice, as it increases the time, cost, and procedural complexity associated with filing claims before PTTUN Medan. At the same time, Supreme Court Regulation No. 2 of 2023 comprehensively reaffirms the status of PTTUN as the competent court of first instance to examine, decide, and resolve PNS dismissal disputes and employment termination of government employees with work agreements (PPPK) after the completion of administrative remedies before the Badan Pertimbangan ASN (BPASN). In conclusion, the strengthening of PTTUN Medan’s jurisdiction through this regulation provides legal certainty for the resolution of PNS dismissal disputes, while simultaneously highlighting access-to-justice challenges for PNS in Riau that must be addressed through policy design and administrative court governance that place greater emphasis on ease of access for justice seekers in the regions.
Pembatasan Usia oleh Perusahaan dalam Rekrutmen Kerja Ditinjau dari Persepektif Hak Asasi Manusia Soediro, Rafshahdy Azari
AHKAM Vol 5 No 1 (2026): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.8821

Abstract

Age-based restrictions in recruitment remain commonly applied by companies in Indonesia, which often specify particular age requirements in job vacancy advertisements on the grounds of efficiency, productivity, and alignment with organizational needs. However, this practice raises serious concerns from a human rights perspective, particularly in relation to the principles of non-discrimination and the right to decent work. This study aimed to analyze age restrictions in recruitment from a human rights standpoint, examine the national and international legal bases governing the right to work, and assess whether age-based limitations can be legally justified. The research employed a normative juridical method with statutory, conceptual, and comparative approaches. The findings indicate that age-based restrictions in recruitment are, in principle, potentially in violation of human rights standards when they are not grounded in objective, rational, and proportionate reasons. The state has an obligation to protect, respect, and fulfill citizens’ rights to work without discrimination, including discrimination based on age. Therefore, more stringent regulations and effective monitoring mechanisms are required to ensure that recruitment practices are consistent with human rights principles and social justice.
Perlindungan Harta Bersama dalam Perkawinan Campuran: Analisis Hukum Perdata dalam Perspektif Van zaken Permana, Harry; Lubis, Fauziah; Harahap, Mhd. Yadi
AHKAM Vol 5 No 1 (2026): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.8825

Abstract

Although mixed marriages have increased in line with population mobility and intensified cross-border interactions, the regulation of the protection of spouses’ community property within differing legal systems continues to raise complex private-law issues. Under Indonesian civil law, the regulation of community property is influenced by principles of Western civil law, including the concept of van zaken, which conceives property as an object of law with specific civil consequences and thus has implications for the status, ownership, and restrictions on certain assets when the spouses hold different nationalities. This study aimed to analyze the protection of community property in mixed marriages under Indonesian civil law using the van zaken perspective. A normative legal research method was employed with juridical-normative and conceptual approaches through a review of legislation, civil law doctrine, and relevant court decisions. The findings show that the protection of community property in mixed marriages largely depends on the existence and formulation of a prenuptial agreement and on a clear separation of assets between husband and wife, thereby clarifying each party’s ownership status over both community property and original (separate) property. The concept of van zaken underscores the importance of clearly determining the legal status of property as an object of law in order to guarantee legal certainty and protection for the parties in mixed marriages. Therefore, there is a need to strengthen regulation, legal practice, and legal understanding concerning community property in mixed marriages so that legal certainty, justice, and protection of the parties’ civil rights can be realized optimally.
Implementasi Akad Ijarah Adaptif sebagai Model Pemberdayaan UMKM: Studi Kasus Nurusyubab Market, Cianjur Khairun Nisa, Faridah; Gustiawati, Syarifah; Fadil, Khaidir
AHKAM Vol 5 No 1 (2026): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.8826

Abstract

Although the ijarah contract in leasing practices has been widely examined in Islamic economics literature, studies that specifically investigate adaptive and empowerment-oriented implementations of ijarah for micro, small, and medium enterprises (MSMEs) in community market settings remain limited. This study aimed to analyze the implementation of the ijarah contract in land and building leases and its impact on empowering MSME actors in Nurusyubab Market, Cianjur. A qualitative approach with a field-based case study design was employed, involving ten participants consisting of one mu’jir and nine musta’jir selected purposively. Data were collected through in-depth interviews, observation, and documentation, and were analyzed using the interactive Miles and Huberman model through the stages of data reduction, data display, and conclusion drawing. The findings show that the implementation of ijarah in Nurusyubab Market is not oriented solely toward commercial transactions but is developed as a social empowerment movement grounded in the values of ta’awun and kinship. The predominantly verbal ijarah contracts still fulfill the pillars and conditions of ijarah, with key advantages including flexible ujrah payment without a penalty system, whereby delays are resolved through musyawarah. This scheme has a positive financial impact, with MSME income increasing by 20–50%, and a psychological impact in the form of enhanced feelings of security and peace of mind in doing business. These findings contribute to the development of a humanistic ijarah concept in Islamic economics and broaden understanding of the role of sharia contracts in MSME empowerment, while underscoring the importance of non-exploitative ijarah models and opening avenues for further research in market and other business sectors.
Implementasi Pasal 4 Angka 1 Undang-Undang Nomor 8 Tahun 1999 terhadap Kenyamanan dan Keamanan dalam Penertiban Parkir di Jalan Panjaitan Kota Gorontalo Ramadhan, Aditya Sharul; Junus, Nirwan; Kamba, Sri Nanang Meiske
AHKAM Vol 5 No 1 (2026): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.8837

Abstract

This study examines the implementation of Article 4(1) of Law Number 8 of 1999 on Consumer Protection in the regulation and control of parking as an effort to fulfill consumer rights, particularly the right to safety and comfort in using parking infrastructure. Problems arise when breaches of obligation by parking attendants occur and they refuse to assume responsibility for their negligence, raising questions about the form of dispute resolution when no accountability is taken by the attendant. This study employed a socio-legal approach with an empirical legal research design to analyze the implementation of Article 4(1) of Law Number 8 of 1999 on Consumer Protection in parking regulation and to investigate monitoring and law enforcement activities related to on-street parking on Panjaitan Street in Gorontalo City. Field data and relevant regulations were analyzed to describe patterns in the fulfillment of legal obligations by parking attendants and the realization of consumer rights. The findings show that parking activities have been routinely monitored by the Transportation Agency; however, implementation remains constrained by limited monitoring facilities and the absence of a clear mechanism for allocating responsibility for damage to or loss of consumers’ vehicles. In conclusion, the implementation of consumer protection provisions in parking practices on Panjaitan Street has not yet fully ensured legal certainty of protection for consumers, thereby necessitating stronger monitoring mechanisms and more explicit formulations of parking attendants’ liability within the framework of consumer protection law enforcement.
Analisis Pembentukan Kesadaran Hukum Mahasiswa Ditinjau dari Integrasi Ilmu Hukum dan Pendidikan Agama Islam Maslawani, Maslawani; Paisal, Paisal; B, Hajrah
AHKAM Vol 5 No 1 (2026): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.8845

Abstract

Although the issue of students’ legal awareness has received attention in various previous studies, research that specifically examines the formation of legal awareness through the integration of law and Islamic education in Islamic religious higher education institutions remains relatively limited, even though this integration holds strategic potential for shaping legal awareness that is not only normative but also rooted in Islamic moral and spiritual values. This study aims to analyze the formation of students’ legal awareness in relation to the integration of law and Islamic education at Institut Agama Islam Al Amanah Jeneponto. A qualitative approach with a case study method was employed to explore in depth students’ understanding, attitudes, and legal behavior within the context of Islamic education. The participants consisted of students and lecturers selected through purposive sampling based on their relevance to the research objectives. Data were collected through in-depth interviews, observations, and document studies, and were then analyzed using an interactive analysis technique encompassing data reduction, data display, and conclusion drawing. The findings show that the formation of students’ legal awareness is influenced by their understanding of positive legal norms, the internalization of Islamic values, and learning practices that integrate cognitive, ethical, and spiritual dimensions. The integration of law and Islamic education was found to foster more reflective and value-based legal awareness among students, although challenges remain in terms of implementation and consistency in legal behavior. These findings contribute to the development of Islamic law and humanities studies by underscoring the importance of integrative approaches in legal education at Islamic higher education institutions and recommend the strengthening of curricula and integrative learning strategies to sustainably enhance students’ legal awareness.
Relevansi Delik Pengancaman dalam Penyelesaian Utang Piutang terhadap Pertanggungjawaban Pidana Pelaku (Studi Putusan Nomor: 1221/Pid.B/2024/PN TJK) Limantara, Benny Karya; Kurniawan, Dicky
AHKAM Vol 5 No 1 (2026): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.8859

Abstract

Although the criminal offense of threats has been extensively examined in criminal law scholarship, studies that specifically explore its relevance in the context of debt settlement and its relationship to the offender’s criminal liability remain relatively limited. In judicial practice, debt disputes frequently escalate into criminal cases due to the use of threats as a means of debt collection, thereby necessitating more in-depth analysis. This study aims to analyze the relevance of the offense of threats in the settlement of debt and credit relationships and the criminal liability of the offender based on Decision Number 1221/Pid.B/2024/PN Tjk. A qualitative approach was employed with a normative legal research design and case study strategy, using primary, secondary, and tertiary legal materials selected through purposive sampling. Data were collected through library research and document study of court decisions and relevant legislation, then analyzed using descriptive juridical and argumentative juridical analysis. The findings show that although the case originated from a civil legal relationship in the form of debt and credit, the defendant’s conduct fulfilled the elements of the offense of threats as stipulated in Article 335(1) of the Indonesian Criminal Code (KUHP), thereby justifying the imposition of criminal liability on the perpetrator. These findings contribute to strengthening the theory of criminal liability and clarifying the boundary between civil disputes and criminal acts. The study concludes by emphasizing the importance of caution in the use of criminal law to avoid the criminalization of civil disputes while ensuring adequate legal protection for victims, and it opens opportunities for further research through empirical approaches and comparative analysis of court decisions.

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