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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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The Legal Ruling on Abortion for Rape Victims from a Maqāṣid al-Sharīʿah Perspective in Government Regulation Number 28 of 2024 on Health Nasution, Saipul; Mumtaza, Azmi Hadyan; Jamal, Mulyono; Awalia, Fadhila Tianti Mudi; Mahadir, Mahadir
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.v5i1.9203

Abstract

Although abortion regulation has received considerable attention in legal and ethical scholarship, studies that specifically examine abortion for rape survivors within Indonesian health law from the perspective of Maqāṣid al-Sharīʿah remain limited. This study aims to analyze the legal framework governing abortion for rape survivors as stipulated in Government Regulation No. 28 of 2024 on Health and to assess its conformity with the objectives of Islamic law. The research employs a qualitative approach with a normative-doctrinal design through library research. Data were collected using documentary analysis of primary legal sources, such as statutes and classical fiqh literature, as well as secondary sources in the form of scholarly books and reputable journal articles, and were analyzed descriptively and analytically using a maqāṣidī taḥlīlī approach focused on the principle of the protection of life (ḥifẓ al-nafs). The findings indicate that the regulation demonstrates substantive alignment with the objectives of Islamic law, particularly in the protection of life, intellect, lineage, and honour, as evidenced, among other things, by the determination of a 14-week gestational limit prior to ensoulment. Nevertheless, the study also identifies various procedural obstacles that may hinder rape survivors’ access to safe and affordable abortion services. The study concludes that the regulation of abortion for rape survivors in this government regulation represents an implementation of the principles of necessity (ḍarūrah) and public interest (maṣlaḥah), and recommends strengthening institutional coordination and health service procedures to ensure effective and just protection for survivors. This study offers both theoretical and practical contributions to the development of Islamic law and reproductive health policy in Indonesia. Keywords: Abortion; Rape Survivors; Maqāṣid al-Sharīʿah; Indonesian Health Law; Islamic Fiqh
Pengaruh Model Project Based Learning dan Motivasi Belajar terhadap Keterampilan Menulis Teks Prosedur Siswa SMP Fauziati, Fauziati; Syofiani, Syofiani; Morelent, Yetty
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.v5i1.9205

Abstract

Although writing skills occupy a central position in the Kurikulum Merdeka, students’ ability to produce procedural texts remains limited due to teacher-centred instructional methods and low learning motivation. This study aimed to analyze the effects of the Project-Based Learning (PjBL) model and learning motivation on procedural text writing achievement among Phase D, Grade VII students at UPT SMP Negeri 1 Pulau Punjung, as well as to examine the interaction between these variables. A quantitative approach was employed using a quasi-experimental method with a nonequivalent control group design. The sample was determined through cluster random sampling, resulting in one experimental class taught using PjBL and one control class taught using conventional instruction. Data were collected through a performance test in writing procedural texts and a learning motivation questionnaire, and analyzed using t-tests and ANOVA. The findings showed that PjBL had a significant effect on improving procedural text writing skills, with the experimental class achieving a mean score of 88.21, higher than the control class mean of 73.06 (t = 7.530 > t_critical = 2.002). Among highly motivated students, the experimental class mean score of 85.21 also exceeded the control class mean of 77.00 (t = 4.488 > t_critical = 2.048), whereas among low-motivation students, the experimental class mean score of 91.21 surpassed the control class mean of 68.87 (t = 7.113 > t_critical = 2.052). In addition, there was a significant interaction between the instructional model and learning motivation (F = 56.698 > F_critical = 4.01), indicating that the effectiveness of PjBL was reinforced across different motivation levels. The study concludes that implementing PjBL effectively enhances procedural text writing skills through contextual, project-oriented learning experiences and underscores the importance of integrating active learning strategies with motivation management within the framework of the Kurikulum Merdeka. The implications include theoretical contributions to project-based writing pedagogy and practical recommendations for teachers and educational institutions to design teaching modules that are adaptive to students’ psychological profiles, while opening avenues for further research on the use of digital media in PjBL for other text genres.
Kegagalan Kepulangan Tokoh dalam Cerpen Keluarga dalam Kacamata melalui Lensa Hero’s Journey Campbell Wiradi, Dedek; Nugroho, Adi Suryo
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.v5i1.9223

Abstract

Although Joseph Campbell’s Hero’s Journey framework has been widely used to examine character transformation in literary works, its application to Indonesian digital literature that directly interacts with virtual culture remains relatively limited. This study aims to analyze the inner transformation and failed return of the main character, Kambali, in the digital short story “Keluarga dalam Kacamata” by Artie Ahmad, published on kompas.id, using Campbell’s monomyth framework, which comprises three main stages: departure, initiation, and return. This research employed a descriptive qualitative approach with critical content analysis of the short story text to identify how the stages of the monomyth are presented, inverted, and distorted by the digital context. The analysis shows that Kambali undergoes the Departure and Initiation stages; however, his inner transformation does not culminate in recovery, victory, or a liberating “Ultimate Boon.” Instead, the Virtual Reality glasses generate an illusion of digital happiness that confines Kambali within virtual escapism. The crucial point lies in the failure of the return (“Refusal of the Return”), when Kambali refuses to return to reality and permanently chooses the virtual world as his existential space. The study concludes that Kambali’s narrative deconstructs the conventional hero pattern by affirming the possibility of an ending marked by existential defeat and inner alienation. The short story functions as a sharp critique of the phenomenon of digital disconnect, namely the loss of life’s meaning amid technological advancement that widens the psychological and social isolation gap.
Analisis Bentuk dan Hambatan Perlindungan Hukum terhadap Seren Taun Ciptamulya sebagai Ekspresi Budaya Tradisional Buwono, Daud Bunar; Rohaini, Rohaini; Rusmawati, Dianne Eka; S, Sepriyadi Adhan; Havez, Muhammad
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.v5i1.9229

Abstract

Although the issue of legal protection for Traditional Cultural Expressions (TCEs) has been widely examined, studies that specifically investigate the forms and obstacles of legal protection for Seren Taun Ciptamulya as a TCE belonging to the Masyarakat Hukum Adat Kasepuhan Ciptamulya in Sukabumi Regency remain limited. This study aims to analyze the forms of legal protection for Seren Taun Ciptamulya implemented by the Regional Government of Sukabumi Regency and to identify the obstacles encountered in its implementation. A normative-empirical approach with a descriptive-analytical design was employed, involving two key informants, namely the customary leader of Kasepuhan Ciptamulya and the Head of the Culture and Tourism Office of Sukabumi Regency, selected through purposive sampling. Data were collected through literature study of legislation and relevant scholarship, as well as in-depth interviews, and were analyzed qualitatively. The findings show that legal protection for Seren Taun Ciptamulya is manifested in two main forms: preventive protection through a multi-level regulatory framework comprising the Copyright Law, the Law on Cultural Advancement, government regulations related to communal intellectual property (KIK), and regional regulations; and repressive protection through copyright dispute resolution mechanisms. However, implementation of this protection still faces three principal obstacles: (1) legal substance issues, particularly delays in the formulation of implementing regulations; (2) legal structure issues, including suboptimal coordination between the regional government and the customary community; and (3) legal culture issues, reflected in shifting values and declining commitment among younger generations to safeguarding tradition. The study concludes that synergy between legal substance, structure, and culture is a key prerequisite for effective protection of TCEs, and recommends strengthening coordination between regional government and customary communities as well as accelerating the inventory of TCEs as the basis for participatory and sustainable policy formulation. The implications of this research include theoretical contributions to the development of communal intellectual property law and practical guidance for local governments in designing more responsive protection models for TCEs that are attuned to socio-cultural dynamics, while also opening opportunities for comparative studies with sui generis protection schemes in other countries and with respect to the management of TCE commercialization.
Analisis Yuridis Penentuan Sisa Utang Eksekusi Hak Tanggungan (Putusan 78/Pdt.G/2024/PN Tjk jo. 120/PDT/2024/PT TJK) Indrawan, Bagus; Sonata, Depri Liber; Febrianto, Dita; S, Sepriyadi Adhan; Oktaviana, Selvia
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.v5i1.9231

Abstract

Although the efficiency of credit settlement through the parate execution mechanism of Hak Tanggungan has been widely discussed, studies that specifically examine disparities in judicial decisions arising from the lack of transparency regarding the breakdown of outstanding debt prior to auction remain limited. This study aims to analyze, from a juridical perspective, the judicial reasoning used to determine the remaining debt in the execution of Hak Tanggungan in Decision Number 78/Pdt.G/2024/PN Tjk jo. Number 120/PDT/2024/PT TJK. The research adopts a normative juridical approach with a statute and case approach design, using primary and secondary legal materials selected through purposive sampling. Data were collected through library research and document study, then analyzed qualitatively-normatively using deductive reasoning. The findings show that, formally, the High Court progressively annulled the District Court’s inadmissible (N.O) decision in order to separate the unlawful act (Perbuatan Melawan Hukum, PMH) dispute from the legal regime governing auction buyer protection. However, substantively, the appellate judges became trapped in procedural formalism by validating the auction solely on the basis of evidence of the dispatch of a demand letter, without scrutinizing the absence of a detailed breakdown of the debtor’s remaining debt. These results contribute to the development of substantive justice theory by clarifying the limits of a creditor’s objective good faith and affirming that transparency regarding the details of outstanding debt is an indispensable precondition for the validity of security enforcement. The study concludes that clearer jurisprudential guidelines from the Supreme Court are needed to standardize judicial assessment of Hak Tanggungan execution and recommends strengthening transparency and prudential principles in banking practice. The implications include theoretical contributions to the literature on security law and banking prudence, practical implications for the judiciary, and opportunities for further empirical research on the sociological impact of unilateral execution.
Implementasi Peraturan Bupati Nomor 66 Tahun 2021 tentang Percepatan Pengembangan Nagari Wisata oleh Pemerintah Nagari di Nagari Ujung Gading Perspektif Siyasah Tanfidziyah Humaaira, Elsy; 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.v5i1.9238

Abstract

This study is motivated by the issuance of Regent Regulation (Peraturan Bupati) Number 66 of 2021 on the Acceleration of Nagari Tourism Development in Pasaman Barat Regency, which records 139 tourist attractions, two of which are located in Nagari Ujung Gading. Nevertheless, the tourist attractions in Nagari Ujung Gading tend to be left without optimal management and have not been utilized as they should. This study aims to analyze the implementation of Regent Regulation Number 66 of 2021 on the Acceleration of Nagari Tourism Development in Nagari Ujung Gading and to examine its management from the perspective of siyāsah tanfīẓiyyah, namely a branch of fiqh of statecraft that emphasizes the state’s duty to elaborate and implement legal products. The analysis focuses on the forms of tourism management carried out by the Nagari Ujung Gading Government and the extent to which these efforts reflect the implementation of the accelerated nagari tourism development policy in accordance with the mandate of the regent regulation. The findings reveal a gap between the regulatory norms and practice in the field, where the existing tourism potential has not been managed in a planned, sustainable manner that is aligned with the spirit of accelerated nagari tourism development. From the perspective of siyāsah tanfīẓiyyah, this condition indicates that the state’s obligations (regional government and nagari government) in operationalizing the established regulation to realize public welfare have not been optimally fulfilled. The study concludes that strengthening the role of the nagari government in the planning, management, and utilization of tourist attractions in a more systematic and accountable manner is crucial, in line with the principles of siyāsah tanfīẓiyyah that require effective and responsible implementation of the law to promote just and sustainable nagari tourism development.
Kontroversi dan Implikasi KUHP Baru Tahun 2026 terhadap Kebebasan Sipil di Indonesia Febrianto, Febrianto; Romadhan, Moh. Lubsi Tuqo
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.v5i1.9245

Abstract

The enactment of the Kitab Undang-Undang Hukum Pidana (KUHP) through Law Number 1 of 2023, which will become effective in 2026, is positioned as a milestone in the decolonization of criminal law and the reform of the national legal system, yet it simultaneously generates serious controversy regarding its implications for civil liberties and the protection of human rights in a democratic state governed by the rule of law. This study aims to analyze the normative controversies embedded in the new 2026 KUHP and to examine their implications for civil liberties from the perspective of the rule-of-law state and human rights. The research employed a normative juridical method with statutory, conceptual, and human rights approaches. Legal materials were analyzed descriptively-analytically and prescriptively through normative interpretation based on the principle of legality, the principle of proportionality, and the protection of constitutional rights. The findings indicate that several provisions in the new KUHP, such as the renewed regulation of criminal defamation against the President and state institutions, the dissemination of false information, and the criminalization of aspects of morality and private life still contain broadly framed and multi-interpretable norms that risk expanding criminalization of critical expression, restricting freedom of opinion, and opening space for state intervention in the private sphere. At the level of practice (law in action), this condition may produce a chilling effect, broaden the discretion of law enforcement authorities, and ultimately undermine the quality of democracy and civil liberties. Therefore, the implementation of the new KUHP requires progressive interpretation by law enforcement officials, effective public oversight, and ongoing normative evaluation to ensure conformity with the principles of a democratic rule-of-law state and international standards of human rights protection.
Penitipan Anak di Panti Asuhan Aisyiyah Kota Payakumbuh Pasca Perceraian Perspektif Konsep Maslahah Fadillah, Fidiatul; 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.v5i1.9257

Abstract

Divorce often gives rise to subsequent family problems, particularly those related to child care. In the concept of hadhanah in Islamic law, responsibility for child care after divorce remains with the parents. However, in practice, placing children in an orphanage has emerged as an alternative form of care when parents face economic, social, or psychological limitations. This study aimed to explain the practice of post-divorce child placement at the Aisyiyah Orphanage in Payakumbuh City and to analyze it from the perspective of the concept of maslahah in Islamic law. This study employed field research using a descriptive-analytical qualitative approach. Data were obtained through observation, interviews with orphanage administrators and the parents of foster children, and documentation, and were then analyzed inductively based on the concepts of maslahah and maqashid al-sharia. The results showed that the practice of child placement at the Aisyiyah Orphanage was carried out through systematic administrative procedures, including form completion, family surveys, and interviews. The main reasons for placing children in the orphanage included economic hardship, the inability of single parents to care for their children, the formation of a new family, and the inability of the extended family to provide care. From the perspective of maslahah, this practice may be justified because it provides benefits for the child, such as the fulfillment of basic needs, access to education, and character development through a semi-pesantren caregiving system. Thus, child placement in an orphanage may be regarded as a form of maslahah hajjiyah that is consistent with the objectives of maqashid al-sharia in safeguarding life and progeny. This study confirms that the concept of maslahah may serve as a normative foundation for assessing alternative caregiving practices after divorce, as long as the best interests of the child remain the primary consideration.
Pandangan Ulama dan Tokoh Adat terhadap Tradisi Praktik Upah Mengupah dalam Proses Penyelenggaraan Jenazah di Nagari Jambak Selatan Kec. Luhak Nan Duo Kab. Pasaman Barat Febrianto, Muhammad; Firdaus, Beni
AHKAM Vol 5 No 1 (2026): MARET
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.9264

Abstract

The tradition of wage-based practices in the process of funeral management remains a socio-religious phenomenon that continues to exist and develop among the community of Nagari Jambak Selatan, Luhak Nan Duo Subdistrict, West Pasaman Regency. This practice has generated debate because funeral management in Islam is a fardhu kifayah obligation that should ideally be carried out voluntarily without commercial motives. This study aims to analyze wage-based practices in funeral management and to examine the views of ulama and customary leaders regarding this practice. This study employed a qualitative method with a field research design. Data were collected through observation, in-depth interviews with ulama, customary leaders, and community members, as well as documentation, and were then analyzed descriptively-analytically. The results showed that wage-based practices in funeral management in Nagari Jambak Selatan were not mandatory and were not determined based on a specific tariff, but were given voluntarily as a form of appreciation and gratitude. Ulama and customary leaders generally viewed this practice as permissible in Islam as long as it was carried out sincerely, was not imposed, and did not turn funeral management into a field of commercialization. Thus, the tradition of wage-based practices in funeral management can be accepted both shar‘i and customarily as long as it continues to uphold the values of sincerity, mutual cooperation, and mutual assistance. The implications of this study indicate that public understanding of this practice needs to be continuously strengthened so that it does not burden bereaved families and remains aligned with the principles of Islamic teachings and local wisdom.
Tinjauan Hukum Pidana Islam terhadap Pelaksanaan Sanksi Adat dalam Tindak Pidana Eksploitasi Peracunan Ikan (Studi Kasus Nagari Koto Rajo Kecamatan Rao Utara Kabupaten Pasaman) Akbar, Heru; 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.v5i1.9265

Abstract

The criminal act of environmental exploitation through fish poisoning in the Aia Rasik River, Nagari Koto Rajo, Rao Utara Subdistrict, Pasaman Regency, has caused ecological damage and social unrest within the community. In this context, the implementation of customary sanctions has become one of the settlement mechanisms used by the local community. This study aims to determine the process of implementing customary sanctions against perpetrators of fish-poisoning exploitation and to analyze its conformity from the perspective of Islamic criminal law. This study employed field research using an empirical juridical approach and a qualitative research type. Data were collected through interviews, observation, and documentation involving customary leaders and the community in Nagari Koto Rajo, and were then analyzed descriptively-analytically based on the perspective of Islamic criminal law. The results showed that the implementation of customary sanctions began with community reports regarding fish deaths caused by the use of poison in the river. After an investigation was conducted by community leaders, the perpetrator was secured and subsequently deliberated upon by the Niniak Mamak, Datuak, and nagari leaders to determine the appropriate sanction. Based on the results of the deliberation, the perpetrator was subjected to a customary sanction in the form of expulsion from Nagari Koto Rajo as punishment for the act committed. The sanction was considered capable of creating a deterrent effect and preventing the recurrence of similar incidents. From the perspective of Islamic criminal law, the implementation of the customary sanction does not contradict the principles of sharia because it is oriented toward public benefit and the prevention of environmental damage. Thus, the customary sanction can be regarded as a form of ta’zir punishment aimed at safeguarding public benefit, particularly in protecting property, life, and environmental sustainability. The implication of this study emphasizes that customary sanctions can function as an effective settlement mechanism in customary communities while also strengthening the study of Islamic criminal law and the role of customary law in handling criminal acts in society.

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