cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Muhammad Irwan Hadi
Contact Email
m.h4di@ymail.com
Phone
+6285799379817
Journal Mail Official
ahkam@yasin-alsys.org
Editorial Address
Jl. Yasin No 01 Keruak Kec. Keruak Lombok Timur Nusa Tenggara Barat
Location
Kab. lombok timur,
Nusa tenggara barat
INDONESIA
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
 30   31   32   33   34 
Tinjauan Hukum Pidana Islam tentang Program Rehabilitasi Anak Pecandu Narkoba di Sumbar Awarman, Bintang Putra
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.v5i1.9106

Abstract

The abuse of narcotics among children is a serious problem that threatens social, moral, and legal order, and therefore requires a penal approach that is not only repressive but also oriented toward protection and rehabilitation. This study aimed to examine the implementation of rehabilitation programs for children addicted to narcotics in West Sumatra from the perspective of Islamic criminal law. A normative legal method with a descriptive qualitative approach was employed through an examination of statutory regulations, the principles of Islamic criminal law, and empirical data obtained from the Lembaga Pembinaan Khusus Anak (LPKA) Payakumbuh. The findings show that the rehabilitation of child narcotics abusers is carried out through medical rehabilitation, psychosocial rehabilitation, structured educational and skills development, and religious guidance. From the perspective of Islamic criminal law, narcotics abuse is not categorized as jarimah ḥudūd but can be analogized (qiyās) to khamar because both damage the intellect, so the sanctions imposed fall under ta‘zīr, with an emphasis on educational aspects and behavioral correction. The rehabilitation program implemented is consistent with the objectives of maqāṣid al-syarīʿah, particularly in safeguarding the intellect and life of the child, so that a rehabilitative approach to children addicted to narcotics can be regarded as a form of punishment that is just, humane, and compatible with both national law and Islamic criminal law.
Tinjauan Fiqh Muamalah terhadap Hutang (Qardh) Bersyarat dalam Jual Beli Gambir (Studi Kasus di Nagari Sialang Kecamatan Kapur IX, Kabupaten Lima Puluh Kota) Efika, Aliya Lola; Ridha, Sofia
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.v5i1.9107

Abstract

The practice of conditional debt (qardh) in the sale of gambir is a common phenomenon among gambir farmers and collectors in Nagari Sialang, Kapur IX Subdistrict, Lima Puluh Kota Regency, arising from farmers’ limited capital to meet production costs and living needs during the harvest period. In this practice, the debt is accompanied by a condition requiring farmers to sell their gambir harvest to the lending collector at a unilaterally determined price below the market rate, thereby creating potential transactional injustice. This study aimed to analyze the practice of conditional debt in gambir trading and to examine it from the perspective of fiqh muamalah. The research employed field research with a descriptive qualitative approach. Data were obtained through in-depth interviews and direct observations of gambir farmers and collectors, then analyzed through the stages of data reduction, data display, and conclusion drawing. The findings show that this conditional debt practice leads to farmers’ economic dependence on collectors, the loss of farmers’ freedom in choosing buyers, and price injustice. From the perspective of fiqh muamalah, although the debt contract (akad qardh) formally fulfills the pillars and conditions, the stipulation that yields economic benefit for the lender renders the practice impermissible because it contains elements of riba and contradicts the principles of tabarru’ and justice in Islam. The implications of this study underscore the need for education on muamalah according to Islamic law and the development of fairer and more sustainable transactional models for gambir farmers.
Mekanisme Event Fansign melalui Transaksi Jual Beli Album K-Pop di Aplikasi Weverse Perspektif Hukum Ekonomi Syariah Azkia, Latifah; Ridha, Sofia
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.v5i1.9108

Abstract

The practice of K-Pop fansign events that require the purchase of physical albums through the Weverse application as a prerequisite for participation in a lottery to meet idols raises legal questions regarding their validity from the perspective of Islamic economic law, particularly concerning the potential element of maisir (gambling) in their mechanism. This study aimed to analyze the mechanism of fansign events conducted through the sale and purchase of K-Pop albums on the Weverse application and to examine their compliance with the principles of Islamic economic law. A library research method with a descriptive qualitative approach was employed, using data obtained from Islamic economic law literature, scholarly journals, books, and official information on the Weverse application, which were then analyzed qualitatively using an inductive approach. The results show that the mechanism of fansign events on Weverse begins with the purchase of physical albums, followed by registration for the fansign lottery and a random drawing to determine the winners, thus, from a fiqh perspective, involving a multi-contract system, namely a salam sale contract for the album and a hibah contract in the form of an opportunity to participate in the fansign lottery. From the perspective of Islamic economic law, this practice may be deemed permissible as long as the purchase of the album is based on the need and intention to own the album, not solely to participate in the lottery, and is not carried out excessively in a way that approximates maisir. The implications of this study provide a normative reference for the development of digital transaction practices that are aligned with sharia principles, particularly in designing promotional schemes and events that avoid elements of gharar and maisir.
Implikasi Yuridis Perkawinan Campuran Siri terhadap Kedudukan Hukum Anak Afrian, Mia; Yusnita, Eti; Asmita, Sri
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.v5i1.9127

Abstract

Unregistered mixed marriages conducted in siri form remain prevalent in societal practice and give rise to serious legal issues, particularly regarding the legal status of children born from such unions. The absence of marriage registration means that such marriages do not obtain administrative legal recognition and directly affects the child’s legal status. This study aims to analyze the juridical implications of perkawinan campuran siri (unregistered mixed marriages) for the legal status of the child and to examine legal remedies to secure a lawful status for the child under Indonesian positive law. The research employs a normative legal method with a statutory approach and descriptive-analytical analysis of provisions governing marriage registration, child status, and civil legal relations. The findings show that mixed marriages performed siri lack administrative legal force, thereby creating uncertainty regarding the child’s legal status and exposing the child to being positioned as an out-of-wedlock child with limited civil relations and legal protection from the state. The study concludes that isbat nikah constitutes an essential legal remedy to confer legal recognition on the parents’ marriage while simultaneously ensuring certainty and protection of the child’s rights. The implications of this study underscore the urgency of marriage registration as a legal instrument for realizing legal certainty and the protection of children within the Indonesian family law system.
Analisis Perbedaan Daluwarsa dan Pelepasan Hak dalam Hukum Waris Ditinjau dari Kitab Undang-Undang Hukum Perdata Mutia, Putri; Rahmayani, Nuzul
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.v5i1.9141

Abstract

Although studies on daluwarsa have been widely conducted, research that specifically unpacks the ambiguity between daluwarsa and pelepasan hak in civil inheritance disputes remains limited, even though these are two legal institutions that are frequently conflated yet carry very different legal consequences in practice. This study aims to analyze the fundamental differences between daluwarsa (verjaring) and pelepasan hak (rechtsverwerking) in the Kitab Undang-Undang Hukum Perdata (KUHPerdata) and to examine their implications for the legal standing of heirs. The research employs a normative juridical method with a prescriptive and sui generis approach. Data were collected through literature study of regulations and scholarly works, as well as analysis of Decision No. 12/Pdt.G/2022/PN Pal and Supreme Court Cassation Decision No. 4866 K/Pdt/2024. The results show that daluwarsa operates mechanistically based on the passage of time, whereas pelepasan hak requires an element of awareness and volition on the part of the heirs, such that judicial error in distinguishing between these two institutions may eliminate the heirs’ absolute rights in the name of administrative certainty. The study concludes that an in-depth analysis of the boundaries, characteristics, and consequences of each concept of daluwarsa and pelepasan hak is crucial to clarifying the legal standing of heirs in inheritance disputes under the KUHPerdata. The implications of this research contribute to legal practice by guiding practitioners in applying more humane substantive justice in inheritance cases.
Praktik Utang Piutang yang Dibayar dari Hasil Panen Padi pada Masyarakat Nagari Tabek Sirah Kabupaten Pasaman Barat Perspektif Fikih Muamalah Isyania, Gina; Busyro, Busyro
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.v5i1.9151

Abstract

The lending and borrowing practices between toke (middlemen) and rice farmers in Nagari Tabek Sirah, Pasaman Barat Regency, have from the outset required an additional payment at the time of loan settlement, which is made through the rice harvest. This additional payment is not explicitly stated as interest but is implied through the setting of a paddy price lower than the market price, thereby raising concerns about elements that may potentially conflict with sharia principles. This study aims to comprehensively examine the loan practices repaid from rice harvests in Nagari Tabek Sirah and to analyze their conformity with the provisions of fiqh muamalah, particularly regarding the qardh contract and the prohibition of riba. The research employs a qualitative method with a fieldwork approach through interviews and direct observation. Primary data sources consist of farmers and toke, while secondary data sources include community members familiar with the lending practices, as well as books, journals, and articles. Data were analyzed descriptively through stages of data collection, classification, and interpretation of findings based on the fiqh muamalah framework. The results show that the lending and borrowing practices repaid from rice harvests arise from the community’s economic conditions, which are highly dependent on rice farming that is harvested only once a year, prompting them to meet their living needs by borrowing from toke. Formally, this practice satisfies the pillars and conditions of a qardh contract according to fiqh muamalah. However, the repayment mechanism that, from the outset, requires an additional payment through the setting of a paddy price below the market price renders this practice inconsistent with the basic principle of qardh, which should be free from riba. These findings affirm that the lending and borrowing practice deviates from the provisions of Islamic law and indicate the need to strengthen muamalah literacy and to reform agricultural financing patterns so that they are fairer and more sharia-compliant for farmers.
Tinjauan Hukum Pidana Islam dan Hukum Positif terhadap Kekuatan Pembuktian Saksi Ahli di Pengadilan Rafi’i, Afif Kurniawan; Samiran, Fahmil
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.v5i1.9152

Abstract

The role of expert witnesses is a key element in the evidentiary system of criminal cases, both in positive criminal law and in Islamic criminal law; however, comparative studies that specifically analyze their position and evidentiary weight in these two legal systems remain limited. This study aims to analyze and compare the status and evidentiary strength of expert testimony in positive law and Islamic law, and to explain the extent to which expert testimony influences judicial conviction in deciding criminal cases. This research employs library research with a normative and comparative approach through an examination of statutory regulations, the Al-Qur’an, Hadis, legal literature, and relevant scholarly journals. The findings show that in positive law, expert testimony is recognized as a valid means of proof as regulated in Article 184 of the Criminal Procedure Code (KUHAP), but it is not absolutely binding because judges retain discretion to assess it based on their conviction and the adopted evidentiary system. Meanwhile, in Islamic law, expert testimony is positioned as part of qarinah or bayyinah that serves to assist judges in uncovering material truth, even though it does not stand alone as a primary means of proof. The study concludes that, despite conceptual and terminological differences, both legal systems place expert witnesses as supporting instruments of proof for realizing just decisions. The implications of this research provide theoretical and practical foundations for legal academics and practitioners in optimizing the role of expert witnesses in criminal proceedings in a more proportional and accountable manner.
Tinjauan Hukum Islam tentang Promosi Dagang dengan Undian Hadiah (Studi Kasus pada Indomaret di Desa Air Jamban Kec. Mandau Kab. Bengkalis Provinsi Riau) Adha, Ridho Muzdhalif; Ridha, Sofia
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.v5i1.9154

Abstract

The practice of trade promotion using prize-draw schemes is a widely employed marketing strategy in modern retail, including at Indomaret, yet this mechanism raises legal concerns when examined from the perspective of Islamic law, particularly in relation to elements of gharar, maysir, and transactional justice. This study aims to analyze the prize-draw-based trade promotion system implemented by Indomaret in Air Jamban Village, Mandau Subdistrict, Bengkalis Regency, Riau Province, and to assess its compliance with the principles of Islamic law. The research employs field research with a descriptive qualitative approach. Data were collected through observation, interviews, and documentation involving store management and consumers, and were then analyzed descriptively and analytically. The findings show that the prize-draw promotion at Indomaret in Air Jamban Village requires a minimum purchase of IDR 50,000 with certain product exclusions, while the drawing process is conducted unilaterally by Indomaret without direct consumer involvement. From the perspective of Islamic law, this practice is considered impermissible because it contains elements of uncertainty (gharar), potential deception (tadlis), and speculation that approximates gambling (maysir), while also encouraging consumptive behavior and wastefulness among consumers. The study concludes that trade promotion using a prize-draw system that is neither transparent nor fair is incompatible with the principles of Islamic commercial transactions (muamalah). The implications of this research are expected to serve as a reference for business practitioners in designing sharia-compliant promotion schemes and for Muslim consumers to adopt a more prudent and critical stance toward prize-based promotional activities.
Pengaruh Model Project Based Learning Berbantuan Media Audio Visual dan Minat Terhadap Menulis Teks Prosedur Zurita, Isesma; Syofiani, Syofiani; Fikri, Hasnul
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.v5i1.9157

Abstract

Although the teaching of procedural text writing has been addressed in previous studies, research that specifically examines the interaction between the Project-based Learning (PjBL) model supported by audio-visual media and students’ learning interest in relation to learning outcomes remains limited. This study aimed to describe the influence of the PjBL model supported by audio-visual media and learning interest on students’ learning outcomes in writing procedural texts. This quantitative study employed a quasi-experimental design involving 52 students selected through total sampling. Data were collected using a performance test on procedural text writing and a learning interest questionnaire, and were analyzed using t-tests and two-way ANOVA. The findings indicated a significant difference in procedural text writing outcomes between the class taught using the PjBL model supported by audio-visual media and the class taught using conventional instruction (t_calculated = 6.016 > t_table = 2.009). These findings contribute to strengthening constructivist theory and extend understanding of the use of innovative instructional media in the development of writing skills. The study concludes that implementing the PjBL model supported by audio-visual media in teaching procedural text writing is crucial, and encourages educators to integrate this model to enhance students’ motivation and learning outcomes, with theoretical implications for the Indonesian language education literature and practical implications for schools in optimizing the use of audio-visual media.
Analisis Kritis Penegakan Hukum Pidana terhadap Penyandang Disabilitas dalam Perspektif Keadilan Studi Putusan Mahkamah Agung Nomor 11858 K/PID.SUS/2025 Octaviani, Mawar Putri
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.v5i1.9176

Abstract

The application of the principle of equality before the law in sexual violence cases involving defendants with disabilities generates a normative dilemma when the demand for maximum protection of victims must be balanced against the fulfillment of the defendant’s constitutional and human rights. This study examines that dilemma in the context of Supreme Court Decision No. 11858 K/PID by highlighting how the criminal justice system harmonizes victim protection under Undang-Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual with the obligation to respect the rights of persons with disabilities as guaranteed by Article 28D paragraph (1) of UUD 1945 and the Konvensi Hak-Hak Penyandang Disabilitas (UNCRPD), which was ratified through Undang-Undang Nomor 19 Tahun 2011. The study aims to analyze the application of substantive justice and the principle of proportionality in judicial reasoning. A normative legal research method is employed, using conceptual, statutory, and case approaches. The analysis focuses on the ratio decidendi of the decision, the construction of criminal liability, and the consistency of the judges’ arguments with constitutional standards and international obligations. The findings indicate the dominance of a retributive justice paradigm in the increase of the sentence to 12 years’ imprisonment, with victim protection as the primary focus, while the absence of profile assessment and reasonable accommodation for the defendant with disabilities reveals a gap between normative standards and implementation. The study concludes that the application of equality before the law in the a quo case remains formalistic and has not fully realized substantive justice. The implications point to the need for reconstructing a sentencing framework based on proportionality and a disability-inclusive justice approach in order to establish a criminal justice system that is more just, inclusive, and responsive to the rights of both victims and defendants with disabilities.

Page 32 of 39 | Total Record : 389

 30   31   32   33   34 

Filter by Year

2022 2026


Reset
Filter By Issues
All Issue Vol 5 No 3 (2026): DESEMBER Vol 5 No 2 (2026): JUNI Vol 5 No 1 (2026): MARET Vol 4 No 4 (2025): DESEMBER Vol 4 No 3 (2025): SEPTEMBER Vol 4 No 2 (2025): JUNI Vol 4 No 1 (2025): MARET Vol 3 No 4 (2024): DESEMBER Vol 3 No 3 (2024): SEPTEMBER Vol 3 No 2 (2024): JUNI Vol 3 No 1 (2024): MARET Vol 2 No 4 (2023): DESEMBER Vol 2 No 3 (2023): SEPTEMBER Vol 2 No 2 (2023): JUNI Vol 2 No 1 (2023): MARET Vol 1 No 1 (2022): DESEMBER More Issue