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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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Peran Big Five Personality Traits terhadap Digital Stress pada Generasi Z Haddy, Kiranna; Roswiyani, Roswiyani
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.v5i1.8861

Abstract

The increasingly intensive development of digital technology has heightened the risk of digital stress, particularly among Generation Z, who exhibit high levels of digital connectivity, while individual differences in responses to digital demands are presumed to be influenced by personality characteristics. This study aimed to analyze the role of the Big Five Personality Traits in digital stress among Generation Z in Indonesia. A quantitative approach with a correlational design was employed, involving 390 Generation Z individuals aged 18–28 years selected using non-probability sampling. Data were collected online using the Digital Stress Scale and The Revised NEO Personality Inventory (NEO-PI-R), then analyzed using linear regression to examine the contribution of personality traits to digital stress and differences in digital stress levels based on screen time duration. The results showed that the Big Five Personality Traits, taken together, played a significant role in digital stress with a contribution of 28.7%. Partially, neuroticism, extraversion, and conscientiousness had a significant positive effect on digital stress, whereas openness and agreeableness had a significant negative effect. In addition, differences in digital stress levels were found based on screen time duration, with individuals who spent more than six hours per day on screens tending to experience higher digital stress. The study concludes that personality is an important internal factor in explaining individual vulnerability to digital stress and highlights the importance of personality-based approaches in designing prevention strategies and intervention programs for managing digital stress, particularly among Generation Z.
Isu Gender dalam Reformasi Hukum Perkawinan di Negara-Negara Islam Rahman, Tengku Rizki; Heriandi, Heriandi; Turnip, Ibnu Radwan Siddik; Efendi, Rahmad
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.v5i1.8877

Abstract

Although marriage law reform in Muslim-majority countries has received sustained academic attention, studies that systematically classify reform trajectories based on the interaction between the legitimacy of sharīʿa, state authority, and gender justice remain relatively limited. This study aimed to analyze how Muslim states negotiate women’s rights in Islamic family law through different models of legal reform. Employing a qualitative, historical–comparative approach in legal studies, it examines statutory texts, judicial practice, and law reform policies in selected Muslim-majority jurisdictions. Data were obtained from primary legislation, court decisions, and authoritative secondary literature and were analyzed using comparative legal reasoning and thematic analysis. The findings identify three main reform models. The conservative–traditional model, evident in Saudi Arabia, Pakistan, and several Gulf states, maintains classical fiqh with minimal state intervention, thereby perpetuating hierarchical gender relations. The moderate–codificatory model, implemented in Egypt, Morocco, Jordan, and Indonesia, selectively modifies fiqh through state codification and judicial oversight, enabling incremental gender reform. The secular–progressive model, as exemplified by Turkey and Tunisia, reconstructs family law by discarding sharīʿa as the basis of state law, abolishing male guardianship, prohibiting polygamy, and institutionalizing more gender-equal forms of divorce. This study concludes that Islamic marriage law reform does not move linearly toward secularization but rather produces a spectrum of normative arrangements shaped by configurations of political authority, interpretive choices in law, and evolving gender discourses. These findings contribute to the development of comparative Islamic law theory and offer policy-relevant implications for the design and implementation of future family law reforms.
Efektivitas Bimbingan Pranikah dalam Menegakkan Maqashid Nikah: Studi di KUA Kecamatan Kute Panang Ramadhan, Noprian; Ali, Bukhari; Shabarullah, Shabarullah
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.v5i1.8885

Abstract

The growing potential for marital disharmony arising from low levels of readiness among prospective spouses—mentally, spiritually, and in terms of religious understanding—before entering married life underscores the importance of strengthening premarital counseling at the Kantor Urusan Agama (KUA, Office of Religious Affairs) as an effort to uphold maqāṣid nikah in building a sakinah family. This study aimed to examine the effectiveness of premarital counseling at the KUA of Kute Panang Subdistrict, Aceh Tengah Regency, in realizing maqāṣid nikah as the foundation for a sakinah family. A qualitative approach with field research methods was employed, using in-depth interviews with a marriage registrar (penghulu), religious counselors (penyuluh agama), and three married couples who had participated in premarital counseling. The findings show that the implementation of premarital counseling at the KUA of Kute Panang Subdistrict is effective, as indicated by the appropriateness of the content, the use of lectures and interactive discussions, and its orientation toward instilling Islamic values, spousal responsibilities, and family communication. The impact of premarital counseling is reflected in increased knowledge, attitudes, and religious behavior among prospective spouses, which contributes to the realization of maqāṣid nikah, particularly the protection of religion (ḥifẓ al-dīn), lineage (ḥifẓ al-nasl), and honor (ḥifẓ al-ʿirḍ), thereby fostering families that are sakinah, mawaddah, and raḥmah. Thus, premarital counseling at the KUA of Kute Panang Subdistrict is aligned with maqāṣid al-syarīʿah and reflects the principle of promoting benefit and preventing harm (jalb al-maṣāliḥ wa darʾ al-mafāsid) in the provision of religious services and family guidance.
Dampak Kebijakan Penghapusan Pajak Progresif dalam Meningkatkan Kepatuhan Wajib Pajak Masyarakat di Kota Padang Wandra, Bima Fri; Mubarak, Adil
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.v5i1.8891

Abstract

The abolition of progressive tax rates is one of the instruments used by local governments to increase taxpayer compliance while optimizing locally generated revenue (Pendapatan Asli Daerah, PAD). In West Sumatra Province, this policy has been implemented within the framework of a Motor Vehicle Tax incentive program to respond to low taxpayer compliance driven by high tax burdens on owners of more than one vehicle (multiple ownership). This study aimed to analyze the implementation of the policy abolishing progressive tax rates and its impact on taxpayer compliance and PAD realization from the Motor Vehicle Tax sector in Padang City. The analysis was conducted through sequential stages of data reduction, data display, and conclusion drawing to provide a comprehensive picture of policy implementation and its consequences. The findings show that the implementation of the policy abolishing progressive tax rates has been carried out in accordance with prevailing laws and regulations and is supported by user-friendly tax payment services. The policy has had a positive impact on increasing taxpayer compliance and PAD realization from Motor Vehicle Tax in Padang City. However, some impacts are not entirely positive, including an additional burden in the form of a tax surcharge (opsen pajak) and the still suboptimal direct developmental benefits perceived by the community. These findings underscore that the effectiveness of abolishing progressive tax rates is determined not only by regulatory design and administrative services, but also by perceptions of fiscal fairness and a clearly perceived link between tax payments and improvements in the quality of public services.
Perlindungan Hukum Penerapan Klausula Eksonerasi pada Perjanjian Investasi Perdagangan Kontrak Berjangka bagi Nasabah di PT Kontak Perkasa Future Pekanbaru berdasarkan UU No 8 Tahun 1999 tentang Perlindungan Konsumen Putri, Ramanitya Dewi; Fernando, Akel; Sehoni, Sehoni
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.v5i1.8917

Abstract

Exoneration clauses in standard-form contracts have long been a focus of scholarship in contract law and consumer protection, yet studies that specifically examine their implementation and the implications for legal protection of clients in futures investment trading agreements, particularly in the practices of futures brokerage firms, remain limited. This study aimed to analyze the implementation of exoneration clauses and the forms of legal protection afforded to clients under Law Number 8 of 1999 on Consumer Protection in futures investment trading agreements at PT Kontak Perkasa Futures Pekanbaru. A mixed normative–empirical approach with a descriptive–analytical design was employed, in which data were collected through analysis of investment agreement documents and case studies of client losses, and subsequently examined qualitatively by assessing the alignment between legal norms and investment contract practices. The findings show that futures investment trading agreements are drafted as standard-form contracts containing exoneration clauses, thereby placing clients in a weak bargaining position and encouraging acceptance of the agreements without adequate understanding of their legal consequences. These findings confirm the existence of limitations on the principle of freedom of contract within an inherently asymmetrical legal relationship and reinforce the urgency of legal protection for clients as consumers of futures investment services. The study concludes that strengthening consumer protection in futures investment trading agreements is essential and recommends that regulators and futures brokerage firms review the substance of standard-form contracts to ensure legal certainty and fairness for clients.
Analysis of Ta'zir Crimes on Decision No. 75/Pid.Sus TPK/2023/PN Jkt.Pst Concerning the Crime of Money Laundering Wahyudi, Fajar Satriyawan; Firdaus, Muhammad Irkham; Retnowati, May Shinta; Zuhroh, Ainun Amalia
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.v5i1.8919

Abstract

Corruption in the taxation sector, as reflected in Decision Number 75/Pid.Sus-TPK/2023/PN Jkt.Pst, constitutes an economic crime with systemic impacts that threatens the stability of state finances, in line with the increasing number of corruption cases as indicated by Indonesia’s corruption perception index score and its global ranking. This study aimed to analyze the criminal act of tax corruption in the aforementioned decision and to examine it from the perspective of Islamic criminal law, with a focus on the concept of jarimah taʿzīr. The research employed a qualitative method with a normative juridical approach, based on primary legal materials in the form of an analysis of the court decision and secondary legal materials in the form of books, journals, scholarly articles, and other relevant literature on Islamic law and corruption. The findings show that the defendant, Rafael Alun Trisambodo, was proven legally and convincingly to have committed corruption in the form of gratuities and Money Laundering Crimes (TPPU), for which the judge imposed a prison sentence of 14 years and a fine of IDR 1,000,000,000.00 (one billion rupiah), or six months’ imprisonment in lieu thereof. From the perspective of Islamic criminal law, corruption can be classified as jarimah taʿzīr, the sanctions for which are elastic and may be determined by judicial authorities insofar as certain elements are fulfilled. Analysis of the taʿzīr sanction concept in this decision highlights the importance of considering offender rehabilitation, proportionality, and sentencing flexibility in order to protect property (Hifz al-Mal) and uphold justice. These findings are expected to encourage the imposition of more optimal sanctions to ensure deterrence and maximize the recovery of state financial losses in future tax corruption cases.
Modernisme Islam dalam Pemikiran Politik Deliar Noer di Indonesia Anggraini, Fina
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.v5i1.8924

Abstract

Although numerous studies have examined the relationship between Islam and politics in Indonesia, this article specifically analyzes Islamic modernism in the political thought of Deliar Noer and its relevance to the Indonesian nation-state context. The study aims to explain the main characteristics of Islamic modernism developed by Deliar Noer and to map his position on democracy, the state, and the role of religion in the public sphere. The method used is library research with a qualitative descriptive–analytical approach through a systematic review of Deliar Noer’s major works as primary sources and supporting literature as secondary sources. The findings show that Deliar Noer represents a strand of Islamic modernism that emphasizes the substantive and ethical dimensions of Islamic teachings, particularly morality, justice, and social responsibility without promoting the formalization of Islam as a state ideology. He accepts the principles of democracy, constitutionalism, and the nation-state insofar as they do not close off the political participation of Muslims and continue to provide space for Islamic values in the regulation of public life. However, the article also finds that Deliar Noer’s thought tends to be normative and does not elaborate in detail the institutional mechanisms for translating Islamic values into public policy. In conclusion, Islamic modernism in Deliar Noer’s political thought offers a moderate and contextual model of Islamic political thought for the Indonesian nation-state, but still requires further strengthening at the level of institutional design and empirical implementation to become more operational in contemporary political practice.
Gerakan Tepuk Sakinah sebagai Media Internalisasi Nilai Keluarga Islam: Analisis Normatif terhadap Resistensi Sosial Digital Zaki, M Ihsan; Devi, Nur Aini Asri
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.v5i1.9030

Abstract

The Tepuk Sakinah movement introduced in the Bimbingan Perkawinan program of the Ministry of Religious Affairs of the Republic of Indonesia has sparked debate and social resistance in digital spaces because it is perceived as a simplification of Islamic family values. This study seeks to address two main questions, namely the substantive meaning of Tepuk Sakinah from the perspective of Islamic family law and the normative and social implications of its use as a medium for value internalization. The research employed a normative legal method with a conceptual approach and literature analysis, enriched by a study of digital media discourse to examine the construction of meaning and public responses to Tepuk Sakinah. The findings show that the lyrics and structure of Tepuk Sakinah represent the core values of the sakinah family, namely zawaj, mītsāqan ghalīẓan, mu‘āsyarah bil ma‘rūf, musyawarah, and tarāḍin, and are therefore normatively aligned with the principles of Islamic family law. The emerging social resistance is largely driven by fragmented symbolic interpretations and the circulation of content on social media without a comprehensive educational framework, which creates an impression of trivializing Islamic family values. This study concludes that Tepuk Sakinah has the potential to function as an effective medium for value internalization if it is positioned as a supporting learning tool rather than the primary objective, and if it is integrated with policy communication strategies that are sensitive to public perceptions. The implications suggest that the development of pedagogical innovations in keluarga sakinah guidance needs to be accompanied by more comprehensive and participatory management of public discourse in digital spaces.
Gambaran Orientasi Masa Depan pada Mahasiswa Ditinjau dari Jenis Kelamin dan Jurusan Studi di Universitas Negeri Padang Amri, Hambali; Hartati, Niken
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.v5i1.9060

Abstract

Future orientation describes how individuals perceive and project themselves into the future and has become crucial in the context of rising unemployment among university graduates in Indonesia, as indicated by February 2024 data from Badan Pusat Statistik (BPS), which reported an open unemployment rate of 4.82% and an increase in unemployment among higher education graduates from 5.52% to 5.63%. This condition suggests that some students do not yet have optimal future planning. This study aimed to examine differences in future orientation between male and female students at Universitas Negeri Padang. A descriptive quantitative approach was employed, using a questionnaire developed based on Nurmi’s dimensions of future orientation. The research subjects consisted of 188 active students of Universitas Negeri Padang selected through probability sampling. Data were analyzed using descriptive statistics with the aid of SPSS 26 for Windows. The analysis showed that the significance value for future orientation by gender was 0.069 (> 0.05), by socioeconomic status was 0.942 (> 0.05), and by field of study was 0.052 (> 0.05). These findings indicate that there are no significant differences in students’ future orientation in terms of gender, socioeconomic status, or field of study. Overall, the results suggest that the influence of traditional demographic factors on students’ future orientation is diminishing in line with increasingly equitable access to education and opportunities available to students.
Studi Analisis Putusan Hakim tentang Tindak Pidana Penadahan pada Masa COVID-19 Perspektif Hukum Pidana Islam di Pengadilan Negeri Tanjung Pati (Periode Perkara 2019-2023) Reginal, Zelfani Zazkia; Hendri, Hendri
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.v5i1.9105

Abstract

The criminal offense of receiving stolen goods constitutes a form of property crime that causes losses to victims and disrupts legal order, and during the Covid-19 pandemic, shifting social dynamics contributed to an increase in such cases within the jurisdiction of the Tanjung Pati District Court. This study aimed to examine judges’ considerations in decisions on cases of receiving stolen goods at the Tanjung Pati District Court during the pandemic and to analyze these considerations from the perspective of Islamic criminal law. A field research design with a qualitative approach was employed. Data were collected through in-depth interviews with judges, document analysis of 21 court decisions on receiving stolen goods, and a review of the Indonesian Criminal Code (KUHP), the Criminal Procedure Code (KUHAP), and Islamic legal literature, then analyzed through the stages of data reduction, data display, and verification. The findings show that judicial decisions in cases of receiving stolen goods during the Covid-19 pandemic took into account juridical, sociological, philosophical, and subjective aspects as an effort to realize substantive justice under exceptional social conditions. From the perspective of Islamic criminal law, the offense of receiving stolen goods is classified as jarimah hirabah punishable by taʿzir, whereby the determination of sanctions is left to the judge’s ijtihad. Accordingly, the imposition of imprisonment in these decisions is consistent with the values and objectives of Islamic criminal law. This study recommends the need for closer synchronization between positive law and the values of Islamic criminal law in handling cases of receiving stolen goods, particularly in emergency situations such as a pandemic, in order to produce decisions that are more just and oriented toward public welfare.

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