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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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Pelatihan Proses Pembuatan Film Pendek sebagai Media Dakwah Siswa-Siswi SMA Nurul Ikhlas Kabupaten Tanah Datar Annisa, Ana Citra; Yahya, Anandita; Indayani, Fajar; Syofany, Ginna
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.v5i2.9745

Abstract

The development of digital technology has encouraged the use of audiovisual media as an innovative learning tool, one of which is short films that can convey messages effectively and engagingly. However, students’ ability to produce short films remains limited, both in technical and conceptual aspects, so structured training is needed. This activity aims to describe the form of training used to improve the understanding, skills, and creativity of students at SMA Nurul Ikhlas, Tanah Datar Regency, in the process of making short films while also utilizing them as a medium of da’wah. This activity used a participatory descriptive approach through survey and training implementation stages. The survey stage was conducted to identify students’ interests and needs, while the implementation stage included lectures, question-and-answer sessions, and practical activities. The training materials covered determining story ideas, scriptwriting, the production process, and editing. The results of the activity showed a significant improvement in students’ understanding of storytelling concepts, technical skills in film production, and creativity. In addition, this activity had a positive impact on the development of soft skills, such as teamwork, communication, and critical thinking. Students’ enthusiasm and motivation also increased, as reflected in their active involvement throughout the training process. The conclusion of this activity emphasizes that short film production training can serve as an effective alternative to project-based learning, is relevant to educational needs in the digital era, and has the potential to function as a creative and educational da’wah medium for the younger generation.
Pelaksanaan Fungsi Legislasi Dewan Perwakilan Rakyat Daerah Kabupaten Tapin Periode 2024-2029 dalam Pembentukan Peraturan Daerah Saputra, Muhammad Rizky; Muhjad, Muhammad Hadin
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.v5i2.9752

Abstract

The suboptimal implementation of the legislative function of the Regional People’s Representative Council (DPRD) of Tapin Regency is indicated by the low number of Draft Regional Regulations (Raperda) initiated by the DPRD compared with those initiated by the executive. This study aims to analyze the implementation of the legislative function of the DPRD of Tapin Regency for the 2024–2029 period in the formation of Regional Regulations and to identify the factors influencing it. This study used an empirical juridical method with an approach that examines law as both norm and practice in the field. Data were collected through literature review, document study, and interviews. The results showed that procedurally, the formation of Regional Regulations was in accordance with the provisions of laws and regulations, but its implementation was not yet optimal. This condition was reflected in the low level of DPRD legislative initiative, limited capacity of members in legal drafting, diverse educational backgrounds, lack of organizational experience, low public participation, and political dynamics between the legislature and the executive that influenced the discussion process of Draft Regional Regulations. Thus, the implementation of the legislative function of the DPRD of Tapin Regency still faces various internal and external obstacles that affect the quantity and quality of regional legislative products. The implications of this study emphasize the importance of improving the capacity of DPRD members through technical training, institutional strengthening, and optimization of public participation to enhance the effectiveness and quality of Regional Regulation formation in the future.
Kajian Yuridis Kasus Pencurian Hasil Perkebunan di Jorong Kampung Pinang Ditinjau dari Hukum Positif dan Hukum Pidana Islam Martaon, Martaon; Fauzan, Fauzan
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.v5i2.9771

Abstract

The increasing number of cases of theft of community plantation products in Jorong Kampung Pinang indicates a legal problem in handling theft crimes at the local level, particularly when cases are returned by the police to the community to be resolved amicably. This study aims to analyze the legal regulation of plantation product theft based on the Indonesian Criminal Code and Law Number 39 of 2014 concerning Plantations, as well as to examine the conformity of the return of cases by the police with the perspective of Fiqih Jinayah. This study used a normative juridical method by analyzing legal norms related to plantation product theft and the settlement of criminal cases. The results show that the application of legal rules to cases of plantation product theft in Jorong Kampung Pinang is in accordance with applicable norms, both in general criminal provisions and special provisions in the plantation sector, although its implementation still has several weaknesses that need to be improved. In addition, the return of cases by the police to the community for amicable settlement is in line with the concept of ta’zir in Islamic criminal law. The conclusion of the study emphasizes that the settlement of plantation product theft cases needs to consider the conformity between positive law and the principles of Fiqih Jinayah so that law enforcement continues to ensure justice, order, and the public good.
Analisis Hukum Peran Artificial Intelligence (AI) dalam Penyelesaian Sengketa Bisnis di Era Digitalisasi Naufal, Yamani; Syifa, Dian May; Sutiyoso, Bambang
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.v5i2.9781

Abstract

Although the role of Artificial Intelligence (AI) in dispute resolution has received considerable attention in previous studies, research that specifically analyzes its legal implications using a comprehensive theoretical framework remains limited. This study aims to analyze the role of AI in business dispute resolution in the digital era and to examine its legal implications through a normative approach. This study used a normative legal method with a conceptual approach and a statutory approach. The research data consisted of secondary data collected through literature study and analyzed using descriptive-analytical techniques. The results show that AI is able to improve efficiency, speed, and access to justice in dispute resolution, both through litigation and nonlitigation mechanisms, such as Online Dispute Resolution (ODR). However, the use of AI still faces fundamental challenges, including a lack of algorithmic transparency, unclear accountability, the risk of bias, and issues related to human rights protection. From the perspective of Gustav Radbruch’s theory of legal purposes, the use of AI shows a tension between justice, legal certainty, and utility. AI tends to excel in the aspect of utility, but it has the potential to reduce justice and create legal uncertainty if not supported by adequate regulation. These findings provide a theoretical contribution by integrating studies of technology law and Radbruch’s theory as an analytical framework for AI-based dispute resolution. The conclusion of the study emphasizes that the use of AI in business dispute resolution requires comprehensive regulation and human oversight so that its implementation remains fair, transparent, and accountable.
Tanggung Jawab Hadanah dalam Kasus Pengabaian Anak: Analisis Komparatif Hukum Islam dan Undang-Undang Perlindungan Anak di Indonesia Syamal, Fatima Auliyani Almyra; Fachrudin, Fachri; Hidayat, 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.v5i2.9808

Abstract

Child neglect in the context of post-divorce hadanah remains a serious issue in Indonesia, particularly because of the weak mechanisms for supervising the implementation of custody decisions and the lack of synchronization between sanctions in Islamic law and criminal instruments in positive law. This study aimed to comparatively analyze the concept and parameters of hadanah responsibility in Islamic law and the Child Protection Law, examine the legal implications for hadanah holders who commit neglect, and formulate an ideal harmonization model to strengthen child protection in Indonesia. This study used a normative juridical approach with a library research method through statutory, shari’a, comparative, and conceptual approaches. The data sources consisted of primary legal materials, including the Qur’an, Hadith, fiqh books, and legislation; secondary legal materials, including journals, books, and tafsir; and tertiary legal materials. The results showed that Islamic law and Law No. 35 of 2014 share common ground in the principle of child welfare, but significant gaps remain in post-decision sanction and supervision mechanisms. This study concludes that hadanah neglect needs to be viewed as a legal violation requiring a systemic response, not merely as a moral violation. The formulated harmonization model includes post-litigation monitoring mechanisms, a tiered sanction system, and standards for evaluating the eligibility of hadanah holders that integrate the principles of maqasid al-shari’ah with the principle of the best interest of the child. The implications of this study emphasize the importance of revising the Compilation of Islamic Law (KHI), strengthening institutional coordination, and developing Islamic family law studies that are more responsive to child protection.
Analisis Unsur Meluas dan Sistematis dalam Kejahatan terhadap Kemanusiaan Berdasarkan Pasal 7 Statuta Roma Wahyuni, Yulia Tri; 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.v5i2.9871

Abstract

Crimes against humanity constitute one of the most serious forms of violations of international law because they attack human dignity and the principle of protection for civilian populations. This study aimed to analyze the contextual element of “widespread or systematic” in crimes against humanity under Article 7 of the 1998 Rome Statute and its evidentiary standards in the judicial practice of the International Criminal Court (ICC). This study used a normative juridical method with a qualitative approach through the examination of doctrine, jurisprudence, and relevant international legal documents. The results showed that the element of “widespread or systematic” is a central contextual element that distinguishes crimes against humanity from ordinary criminal offenses. The “widespread” element relates to the scale and impact of attacks against many victims or a broad area, whereas the “systematic” element emphasizes the existence of an organized, planned, and coordinated pattern of conduct. In practice, the ICC assesses this element through quantitative evidence concerning the number of victims, qualitative evidence regarding patterns of planning and logistical coordination, and contextual assessment of the state policy or organization of the perpetrators. These findings also confirm the relationship between crimes against humanity and command responsibility, particularly in assessing the liability of planners or leaders for the acts of their subordinates. The conclusion of this study indicates that proving the element of “widespread or systematic” requires a combination of quantitative, qualitative, and contextual evidence so that only acts that meet the criteria of crimes against humanity can be prosecuted under international criminal law. The implications of this study emphasize the importance of contextual elements in strengthening legal protection for civilian populations and upholding the principles of individual and command accountability.
Kriminalisasi Deepfake sebagai Bentuk Kejahatan Internasional Baru dalam Perspektif Hukum Pidana Internasional Hidayat, Alip Asya; Sary, Wevy Efticha
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.v5i2.9900

Abstract

The development of artificial intelligence technology, particularly deepfake, has transformed the landscape of digital crime because its impact not only harms individuals but also has the potential to disrupt social, political, and international security stability. However, legal regulations that explicitly govern the misuse of deepfake within the framework of international criminal law are still unavailable. This study aims to analyze legal regulation of deepfake from the perspective of international criminal law and to examine the urgency of its criminalization as a new form of international crime. This study used a normative legal method with a statute approach and a conceptual approach. The legal materials used included primary legal materials in the form of international legal instruments and secondary legal materials in the form of books, journals, and relevant scientific literature. The results showed that legal regulation of deepfake in international criminal law remains indirect and has not provided adequate legal certainty. Deepfake has not yet been recognized as a stand-alone international crime but is still positioned as a means of committing other crimes. This normative gap creates various problems, including difficulties in law enforcement, jurisdictional conflicts, and challenges in proving and attributing perpetrators. The findings of this study confirm that the criminalization of deepfake as a new international crime needs to be considered because of its broad impact on human rights, social stability, and international security. Deepfake meets the criteria as an emerging international crime because it causes significant harm, violates universal values, and requires international cooperation in its handling. Thus, reform of international criminal law that is adaptive to developments in digital technology is needed through the formulation of a specific legal instrument on deepfake to provide legal certainty and effective protection for the international community.
Sanksi terhadap Lembaga Peradilan Internasional sebagai Bentuk Obstruction of Justice dalam Perspektif Hukum Pidana Internasional Putri, Nabila Inkha; 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.v5i2.9901

Abstract

The increasing practice of unilateral sanctions imposed by states against the International Criminal Court (ICC) has the potential to disrupt the independence and effectiveness of international judicial institutions. From the perspective of international criminal law, such actions raise serious issues because they may be qualified as obstruction of justice, namely acts that impede judicial proceedings. This study aims to analyze whether sanctions against the ICC can be qualified as obstruction of justice and to examine the mechanisms of legal accountability for such actions within the framework of international law. This study used a normative legal method with a statute approach and a conceptual approach. The legal materials used included the 1998 Rome Statute, the United Nations Convention Against Corruption (UNCAC), and various relevant international legal literature. The results showed that the concept of obstruction of justice in international criminal law has been regulated through provisions that criminalize acts interfering with the administration of justice. Sanctions against the ICC meet the three elements of obstruction of justice, namely causing delays in legal proceedings by paralyzing court operations, being carried out with full knowledge of the impact of such actions, and aiming to interfere with the administration of justice to protect citizens from criminal accountability. This action violates the principle of judicial independence, creates impunity, and leaves victims without access to justice. Thus, this study emphasizes the importance of strengthening protection for international justice through the activation of blocking statutes and the solidarity of States Parties in order to safeguard the independence, effectiveness, and legitimacy of the International Criminal Court.
Analisis Yuridis Perlindungan Nelayan Tradisional Berbasis Blue Economy di Bengkulu Putra, Randi Desta; Fauziyyah, Farah Raihanah; Gustiyana, Yoni; Septaria, Ema
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.v5i2.9970

Abstract

The limited number of studies on the synchronization of policies for protecting traditional fishers within the framework of the blue economy indicates the need for studies that examine the interrelationship among regulations, ecosystem degradation, economic inequality, and the sustainability of traditional fishers’ livelihoods. This study aimed to analyze the effectiveness of fisher protection regulations and explore sustainability-based economic empowerment strategies in the coastal areas of Bengkulu. This study used a descriptive qualitative approach, with the research location in the coastal areas of Bengkulu selected using purposive sampling. Data were collected through in-depth observation of conflicts over fishing area claims between trawl fishers and traditional fishers in Seluma Regency, Bengkulu Province, and were then analyzed using thematic analysis. The results showed that the dominant factors influencing the conflict were weak enforcement of sanctions against the use of trawl fishing gear and the absence of participatory supervision by the competent authorities, which prompted traditional fishers to take self-help actions to protect their fishing areas. This finding reinforces the theory of legal pluralism, which highlights the gap between formal state law and the practice of living law carried out by communities in the field. Thus, integrated supervision of coastal areas between the government and fishing communities is the key to reducing conflict and creating legal certainty for traditional fishers. The implications of this study include enriching the literature on maritime legal sociology in Bengkulu and providing practical recommendations for the Regional Government of Seluma Regency to strengthen fishing area zoning through regional regulations that accommodate the rights of traditional fishers.
Analisis Implementasi Hukum Waris Islam dalam Kehidupan Masyarakat Urban Umar, Hasbi; Bafadhal, Husin; Pratiwi, Della Anggi; Putra, Rama Satria; Hidayatullah, Arip
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.v5i2.9974

Abstract

Although the implementation of Islamic inheritance law has been widely studied, research that specifically highlights its practice in the context of urban communities influenced by modernization, legal pluralism, and socioeconomic factors remains relatively limited. This study aimed to examine the practice of implementing Islamic inheritance law and identify various challenges faced by urban communities in implementing it. This study used a qualitative approach with a case study design, involving 15 informants selected using purposive sampling. Data were collected through in-depth interviews, observation, and documentation, and were then analyzed using thematic analysis techniques. The results showed that the implementation of Islamic inheritance law in urban communities had not been carried out optimally. This condition was influenced by limited public understanding, the dominant influence of customary law and positive law, as well as economic considerations and family harmony. In addition, there was a tendency for inheritance distribution to be carried out through deliberation, which was not always in accordance with the provisions of faraidh. This finding contributes to the development of Islamic law studies, particularly regarding the adaptation of law to social change, and expands understanding of the dynamics of inheritance law implementation in modern society. Thus, improving Islamic inheritance law literacy among urban communities and the active involvement of religious leaders and relevant institutions are needed to provide comprehensive education and optimize the implementation of Islamic inheritance law more proportionally.

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