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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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Tinjauan Hukum Pidana Islam terhadap Tindak Pidana Pencurian dalam Putusan Pengadilan Negeri Pasaman Barat Nomor 150/PID.B/2021/PN PSB Afrila, Nora; Basir, Gusril; Bustamar, Bustamar; Ridha, Muhammad
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.9601

Abstract

The criminal act of livestock theft is one form of crime that causes unrest and losses for rural communities because livestock has high economic value and serves as a primary source of livelihood. In Indonesian positive law, livestock theft committed jointly is regulated under Article 363 paragraph (1) of the Criminal Code, whereas in Islamic criminal law theft is included as a jarimah that is, in principle, punishable by hudud sanctions if certain conditions are fulfilled. This study aims to examine a court decision concerning the criminal act of livestock theft from the perspective of Islamic criminal law, particularly the Decision of the Pasaman Barat District Court Number 150/Pid.B/2021/PN Psb. This study employed a normative legal method with statutory, scientific journal, and case approaches. The research data were derived from primary and secondary legal materials collected through library research and then analyzed qualitatively. The results show that the panel of judges based its decision on the fulfillment of all elements of the criminal act of aggravated theft as regulated under Article 363 paragraph (1) points 1 and 4 of the Criminal Code, by considering the facts of the trial, witness testimonies, the defendant’s confession, and evidence, so that the defendant was sentenced to seven months’ imprisonment. From the perspective of Islamic criminal law, the defendant’s act constitutes the jarimah sariqah, but because the conditions for the application of hudud were not fully met, the appropriate sanction is categorized as ta’zir. These findings contribute to strengthening comparative studies between positive criminal law and Islamic criminal law and show that the judge’s decision is in line with the principles of justice and the objectives of punishment in Islamic criminal law.
Analisis Hukum Pidana Islam terhadap Putusan Nomor 189/PID.SUS/2024/PN PDG tentang Tindak Pidana Pemilu Anugrah, Reza Topik; Firdaus, Beni
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.9604

Abstract

Campaign violations in official government activities constitute an important issue in electoral law because they have the potential to undermine the principles of fairness and the neutrality of public space. This study was motivated by the case of a campaign violation committed by Dean Asli Chaidir during an official MSME forum activity in Padang City, which was suspected of violating electoral provisions through an appeal to vote at a government facility. This study aims to analyze the judge’s considerations in Decision Number 189/Pid.Sus/2024/PN PDG and to assess their conformity from the perspective of Islamic criminal law. This study employed library research with a qualitative approach. The data were derived from the Qur’an, electoral laws and regulations, and court decisions, collected through document study and interviews, and then analyzed descriptively and qualitatively. The results show that the defendant was proven to have committed a campaign violation in a government building without official permission, even though he was present as an invitee. The judge found elements of an appeal to vote and political promises as forms of violation, but imposed a suspended sentence and a fine by considering humanitarian aspects. From the perspective of Islamic criminal law, the act falls within the category of jarimah ta’zir, which is oriented toward public benefit, deterrence, and the reform of the offender. These findings contribute to strengthening the study of electoral criminal law and Islamic criminal law, and affirm that law enforcement against campaign violations in government facilities must take into account the aspects of justice, benefit, and the objectives of punishment.
Pengoplos BBM Eceran Tinjauan Fiqih Jinayah dan Implikasinya di Nagari Cubadak Menatawai Arifin, Muhammad Qadafi; Hendri, Hendri
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.9613

Abstract

The widespread practice of fraud by retail fuel oil (BBM) traders in Pariaman City, particularly in the form of fuel adulteration, indicates that government supervision of retail BBM sales activities remains weak, even though such activities legally require official permits. This study aims to identify the forms of violations in the practice of BBM adulteration carried out by retail traders in Pariaman and to analyze them from the perspective of fiqih jinayah. This study employed a field research method with a qualitative approach. The research was conducted at Pengadilan Negeri Pariaman, with data collected through interviews, observation, and documentation, and then analyzed using the descriptive-analytical method. The results showed that the practice of BBM adulteration was carried out in several forms, namely mixing fuel with coloring agents obtained through online platforms and blending them into genuine Pertamax, as well as mixing Pertamax with kerosene to produce adulterated fuel in order to obtain an additional profit of around Rp2,000 per liter. From the perspective of fiqih jinayah, this practice falls into the category of jarimah ta’zir, namely a criminal act for which the determination of sanctions is left to the government. In addition, the act is also classified as a form of fraud prohibited in Islamic teachings. This study concludes that the practice of adulterating retail BBM constitutes a violation of both positive law and Islamic criminal law, so the perpetrators may be subject to criminal sanctions of imprisonment and fines as reflected in Putusan Pengadilan Negeri Pariaman Nomor 179/Pid.Sus/2023/PN. These findings contribute to strengthening the study of Islamic criminal law, particularly fiqih jinayah, while also providing practical implications for strengthening government supervision of the distribution of retail BBM.
Analisis Yuridis Prinsip Tanggung Jawab Komando dalam Konflik Bosnia Berdasarkan Hukum Pidana Internasional: Studi Yurisprudensi ICTY (International Criminal Tribunal for the Former Yugoslavia) Ayu, Tenti; Lestarika, Dwi Putri
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.9672

Abstract

The principle of command responsibility is an important doctrine in international criminal law that allows military commanders to be held accountable for crimes committed by subordinates under their control. This doctrine is grounded in the concept of hierarchical accountability, namely the obligation of superiors to prevent, supervise, and take action against violations of international humanitarian law. This study aims to analyze the normative construction and application of the principle of command responsibility in the Bosnia conflict of 1992–1995 based on the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY), as well as to assess its conformity with the principle of legality and the principle of culpability in international criminal law. This study employed a normative juridical method with statutory, case, and conceptual approaches. The results show that the main elements of command responsibility include the superior-subordinate relationship, effective control, and the knowledge element (knew or should have known), all of which must be proven factually. The ICTY affirmed that responsibility does not arise automatically from formal position, but rather from the actual ability to control and prevent crimes. Although there is debate regarding the limits of the interpretation of effective control and the should have known standard, the application of this doctrine in the Bosnia cases generally remained within the framework of the principles of nullum crimen sine lege and nulla poena sine culpa. These findings indicate that the principle of command responsibility in ICTY jurisprudence is consistent with the fundamental principles of international criminal law and strengthens the legitimacy of this doctrine in enforcing command criminal accountability.
Penegakan Hukum Pidana Internasional terhadap Kejahatan Perang dalam Konflik Rusia dan Ukraina Berdasarkan Statuta Roma 1998 Rahmadani, Amelia Suci; Lestarika, Dwi Putri
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.9673

Abstract

The armed conflict between Russia and Ukraine has given rise to various allegations of war crimes that have attracted the attention of the international community, particularly regarding the effectiveness of international criminal law enforcement. Although Russia is not a state party to the 1998 Rome Statute, the International Criminal Court (ICC) still has an important role in prosecuting perpetrators of international crimes. This study aims to analyze the application of ICC jurisdiction to alleged war crimes in the Russia–Ukraine conflict even though Russia is not a state party to the Rome Statute, as well as to identify the juridical and political challenges in the enforcement of international criminal law. This study employed a normative legal research method with statutory, conceptual, and case approaches. The results show that the ICC still has a basis for jurisdiction through the territorial principle based on Ukraine’s ad hoc declaration pursuant to Article 12(3) of the Rome Statute, as well as through the principle of complementarity, which places the ICC as the last resort when a state is unable or unwilling to enforce the law effectively. However, the implementation of such jurisdiction faces various challenges, including jurisdictional limitations over non-state parties, dependence on international cooperation, issues of immunity of state officials, global political dynamics, evidentiary constraints in situations of armed conflict, as well as the not yet optimal universalization of the Rome Statute. These findings indicate that the effectiveness of international criminal law enforcement in the Russia–Ukraine conflict depends not only on the ICC’s normative legitimacy, but also on political support and the commitment of the international community to preventing impunity for war crimes.
Selektivitas Penuntutan Kejahatan Internasional dalam Praktik Peradilan Global: Studi Kasus Penanganan Kejahatan Perang oleh International Criminal Court Anjelia, Anisah Friti; Lestarika, Dwi Putri
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.9689

Abstract

The issue of selectivity in the prosecution of international crimes remains a crucial problem in the global criminal justice system. The establishment of the International Criminal Court (ICC) through the Rome Statute aims to enforce accountability and eliminate impunity for perpetrators of serious international crimes, particularly war crimes, but in its implementation the ICC is often considered not to have applied law enforcement evenly. This study aims to examine the characteristics of selectivity in the prosecution of war crimes by the ICC, the factors that influence it, and its impact on the legitimacy of global justice. This study employed a normative legal method with statutory and case analysis approaches. The results of the study show that selectivity in prosecution is influenced by limitations in jurisdictional authority, the application of the principle of complementarity, the ICC’s dependence on state cooperation, and international political dynamics, especially those related to the role of the United Nations Security Council. These conditions are reflected in the tendency for case handling to focus on certain regions and countries, while similar alleged violations involving countries with major political influence are rarely processed to the prosecution stage. These findings indicate that selectivity in prosecution has implications for declining trust in the ICC and has the potential to weaken the effectiveness of international criminal law enforcement. Thus, this study affirms that the legitimacy of global criminal justice depends greatly on consistency, independence, and equality in the enforcement of international law.
Pemahaman Masyarakat Gampong Cot Trieng terhadap Taklik Talak Pasca Akad Nikah dalam Perspektif KHI Ridhayani, Ridhayani; Melayu, Hasnul Arifin; Husnul, Muhammad
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.9713

Abstract

Although taklik talak has been normatively regulated in the Kompilasi Hukum Islam as an instrument for protecting wives’ rights in marriage, community practice and understanding of its implementation still show various problems. Studies that specifically discuss community understanding of taklik talak after the marriage contract, particularly in the practice where the sighat taklik talak is not recited but signing in the marriage book is still carried out, remain limited, especially in the Aceh region. This study aims to analyze the understanding of the people of Gampong Cot Trieng regarding taklik talak after the marriage contract from the perspective of the Kompilasi Hukum Islam and to identify the factors affecting this low level of understanding. This study employed a qualitative approach with a descriptive-analytical empirical juridical method. Data were collected through interviews, observation, and documentation involving 15 participants consisting of gampong officials and married couples with marriage durations of 5, 10, and 20 years, who were selected using a purposive sampling technique. The data were analyzed by relating the empirical findings to legal awareness theory. The findings showed that the practice of taklik talak in Gampong Cot Trieng was generally carried out only through signing without recitation of the sighat taklik talak, so that taklik talak was understood merely as an administrative formality rather than as a binding legal agreement. The level of public legal awareness remained at a minimal knowledge stage and had not reached substantive understanding, which was influenced by the lack of institutional socialization and the dominance of ritual social practices. These findings emphasize the importance of a sociological approach in assessing the effectiveness of Islamic family law norms and provide practical implications for strengthening the role of the Office of Religious Affairs and gampong officials in improving public understanding of the substance of taklik talak.
Hubungan antara Social Anxiety dengan Loneliness pada Remaja yang Kecanduan Media Sosial TikTok di Kota Padang Pabela, Tiara; Primanita, Rida Yanna
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.9721

Abstract

Although social anxiety and loneliness have become a focus in various previous studies, research that specifically discusses the relationship between the two among adolescent TikTok users in local contexts, such as Padang City, remains limited. This study aims to analyze the relationship between social anxiety and loneliness among adolescent TikTok users. This study employed a quantitative approach with a correlational design, involving 100 adolescent participants aged 13–19 years who were selected through the purposive sampling technique. Data were collected using the UCLA Loneliness Scale and the Social Anxiety Scale for Adolescents (SAS-A), and were then analyzed using the Spearman correlation test because the data were not normally distributed. The results show a positive and significant relationship between social anxiety and loneliness among adolescent TikTok users (p = 0.003; r = 0.295). These findings contribute to the development of adolescent psychology studies, particularly regarding the relationship between social anxiety and loneliness in the context of social media use. The conclusion of the study emphasizes that the higher the social anxiety experienced by adolescents, the higher the tendency toward loneliness they feel in the context of TikTok use. The implications of this study include theoretical contributions to the adolescent psychology literature as well as practical implications for educational institutions and local government in Padang in designing psychosocial support efforts for adolescent social media users.
Penerapan Asas Keadilan dalam Tolok Ukur Keberhasilan Masa Percobaan Kerja Tamimah, Jeance; Saprudin, Saprudin
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.9728

Abstract

Provisions on probationary employment in employment relationships require fair, objective, and transparent assessment standards so as not to create legal uncertainty and harm workers. This study aims to analyze the application of the principle of justice in determining benchmarks for the success of probationary employment and to assess legal protection for workers based on Article 60 of Law Number 6 of 2023. This study used a normative legal method with statutory and conceptual approaches through a literature study of primary, secondary, and tertiary legal materials. The results showed that the regulation of probationary employment in statutory provisions has not provided clear, objective, and transparent benchmarks regarding workers’ success during the probationary period. This normative gap has the potential to create legal uncertainty and open opportunities for employers to abuse their authority through subjective assessments and the use of standard-form agreements that disadvantage workers. The application of the principle of justice, both procedurally and substantively, has also not been fully realized in practice. The conclusion of this study emphasizes the need for regulatory reform that explicitly governs fair, transparent, and measurable assessment standards for probationary employment, accompanied by evaluation mechanisms and adequate legal protection for workers. These findings contribute to strengthening labor law studies, particularly in promoting legal certainty and worker protection in PKWTT employment relationships.
Perlindungan Hukum Jamaah melalui Pemulihan Aset dalam Kejahatan Travel Haji dan Umroh Salsabilla, Justicia; Wahyudi, Slamet Tri
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.9737

Abstract

The organization of Hajj and Umrah pilgrimage in Indonesia has both a sacred and strategic role for the religious sovereignty of society, but in practice it still faces problems of travel agency crimes and quota corruption that cause material and psychological losses for prospective pilgrims. This phenomenon indicates the urgency of optimizing national legal instruments through regulatory strengthening that is oriented not only toward punishing perpetrators but also toward holistic and comprehensive legal protection to ensure the fulfillment of citizens’ constitutional rights to perform worship with certainty and safety. This study aims to analyze asset recovery mechanisms in handling crimes related to the organization of Hajj and Umrah and to formulate juridical solutions for victim protection. This study used a normative juridical method with a statutory approach and a conceptual approach. Data were collected through literature study and analyzed descriptively-prescriptively with regard to legal norms, legal principles, and the synchronization of statutory regulations. The results show that the asset recovery mechanism under Law Number 31 of 1999 remains conventional and tends to be oriented toward the recovery of state finances, so it has not been able to provide fast and effective restitution for pilgrims who become victims because of lengthy and complex judicial procedures. This study recommends transforming the doctrine of asset recovery through the application of a non-conviction-based asset forfeiture mechanism and strengthening the role of authorities under Law Number 14 of 2025 so that assets derived from crime can be immediately seized and redistributed fairly to victims. The conclusion of the study emphasizes that strengthening asset recovery mechanisms and victim protection is an important prerequisite for realizing substantive justice in the organization of Hajj and Umrah pilgrimage.

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