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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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Efektivitas Pelaksanaan Undang-Undang Nomor 22 Tahun 2009 tentang Lalu Lintas dan Angkutan Jalan Berkaitan dengan Modifikasi Kendaraan Bermotor di Kota Bukittinggi Ditinjau dari Perspektif Siyasah Tanfidziyah Sakinah, Sasa; Hamdani, Hamdani
AHKAM Vol 5 No 3 (2026): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10117

Abstract

Studies on employee retention have been widely conducted, yet research that specifically discusses the effects of compensation, job satisfaction, and career development on employee retention at PT Sarana Sumatera Barat Ventura remains limited. This study aims to analyze the effects of compensation, job satisfaction, and career development on employee retention at PT Sarana Sumatera Barat Ventura. This study used a quantitative approach with a survey design. The research respondents consisted of 34 employees determined using total sampling. Data were collected through questionnaires and then analyzed through validity testing, reliability testing, classical assumption testing, multiple linear regression analysis, and hypothesis testing with the assistance of SPSS. The results show that compensation has no significant effect on employee retention. Job satisfaction has a positive and significant effect on employee retention, whereas career development has no significant effect on employee retention. This finding broadens understanding of the factors that influence employee retention in the context of a regional financial company. The conclusion of this study emphasizes that job satisfaction is an important factor in increasing employee retention at PT Sarana Sumatera Barat Ventura. The practical implications of this study indicate the need for the company to prioritize improving job satisfaction as the main strategy for retaining employees and supporting human resource stability.
Analisis Yuridis terhadap Penolakan Pernikahan Siri dalam Perkara Isbat Nikah di Wilayah Hukum Pengadilan Agama Bukittinggi Tahun 2024 Deandra, Aliffia Puti; WadiWadi, Fajrul
AHKAM Vol 5 No 3 (2026): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10119

Abstract

The rejection of isbat nikah applications for unregistered marriages has received attention in various studies, but research specifically examining the juridical analysis of the rejection of unregistered marriages in isbat nikah cases at the Bukittinggi Religious Court in 2024 remains limited. This study aims to analyze judges’ legal considerations in rejecting isbat nikah applications, examine the rejection based on Islamic law and positive law, and assess its juridical implications for marital status and the civil rights of the parties. This study used a qualitative approach with a juridical case study design, involving judges of the Bukittinggi Religious Court and marriage registrars from the Office of Religious Affairs as informants selected through purposive sampling. Data were collected through interviews and documentation of court decisions, and were then analyzed qualitatively through the stages of data reduction, data display, and conclusion drawing. The results showed that the rejection of isbat nikah applications was based on the non-fulfillment of the pillars and valid requirements of marriage, particularly regarding the invalidity of the marriage guardian, weak witness evidence, and violations of marriage administration. These findings indicate that judges place greater emphasis on legal certainty and substantive legality than on social considerations alone. The conclusion of this study affirms the importance of fulfilling the valid requirements of marriage and registering marriages as a form of legal protection for families. This study contributes to the development of Islamic family law studies, particularly regarding the position of the marriage guardian, witness evidence, and the urgency of marriage registration in isbat nikah cases.
Tinjauan Maslahah Mursalah terhadap Tradisi Adat Manjapuik Sumando Setelah Kematian Istri di Nagari Koto Gadang Kecamatan Baso Trisgia, Trisgia; Daipon, Dahyul
AHKAM Vol 5 No 3 (2026): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10138

Abstract

The customary tradition of manjapuik sumando after the death of a wife in Minangkabau society has received attention in various studies, yet research that specifically analyzes this tradition from the perspective of maslahah mursalah remains limited. This study aims to explore the implementation of the customary tradition of manjapuik sumando after the death of a wife in Nagari Koto Gadang, Baso Subdistrict, Agam Regency, and to analyze its relevance from the perspective of maslahah mursalah. This study used a qualitative approach with a field research and case study design. The research informants included customary leaders, niniak mamak, bundo kanduang, Islamic religious scholars, nagari officials, and community members selected through purposive sampling and snowball sampling techniques. Data were collected through interviews, Focus Group Discussions (FGDs), observation, and documentation, and were then analyzed using the Miles, Huberman, and Saldaña model through the stages of data reduction, data display, and conclusion drawing. The results show that the tradition of manjapuik sumando is still maintained as a form of respect for the sumando, a mechanism for preserving kinship relations, and a means of maintaining social harmony in Minangkabau customary society. This tradition is viewed as bringing social benefit and not conflicting with the basic principles of Islamic law, so it can be understood as a form of ‘urf shahih. This study contributes to the development of Islamic legal studies, particularly regarding the relationship between custom and Islamic law in Minangkabau matrilineal society. The implications of this study include theoretical contributions to the development of maslahah mursalah studies and practical implications for customary leaders, Islamic religious scholars, and nagari governments in maintaining harmony between the preservation of local culture and Islamic values.
Kedudukan Peradilan Tata Usaha Negara dalam Penyelesaian Sengketa Aparatur Sipil Negara di Indonesia Subri, Subri; Dzakirah, Aqilah; Nasiswa, Olga Arawinda; Rahmadina, Anisya Nurroliyati; Madinar, Madinar
AHKAM Vol 5 No 3 (2026): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10150

Abstract

The State Administrative Court (PTUN) plays a central role as an instrument of judicial oversight of personnel administrative decisions that may harm State Civil Apparatus (ASN). This study aims to analyze the mechanism for resolving ASN personnel disputes through the PTUN from the aspects of authority, procedure, and the substance of personnel administrative decisions, as well as to examine forms of legal protection for ASN who are harmed by decisions of dishonorable dismissal. This study used a normative legal method with a statutory approach and a case approach, referring to Jakarta State Administrative Court Decision Number 170/G/2020/PTUN.Jkt as the main analytical material. The results show that the mechanism for resolving ASN personnel disputes through the PTUN is systematic and multilayered. ASN are first required to pursue administrative remedies in the form of objections and administrative appeals before filing a lawsuit with the PTUN, which subsequently examines the validity of the State Administrative Decision based on authority, procedure, and its conformity with the General Principles of Good Governance. Legal protection for ASN subjected to dishonorable dismissal is realized through two dimensions, namely preventive protection in the form of guarantees of a fair examination process and the right to defend oneself, and repressive protection in the form of the right to pursue the state administrative court mechanism accompanied by the right to rehabilitation if the lawsuit is granted. The conclusion of this study emphasizes that the PTUN has an important position in ensuring legal certainty, procedural justice, and the protection of ASN rights in personnel administrative disputes. The implications of the study show that the effectiveness of legal protection for ASN greatly depends on the quality of evidence and procedural compliance from the early stages of the personnel process.
Fungsi Notaris dalam Pembuatan Akta Fidusia Terkait Perkara yang Diselesaikan melalui Restorative Justice Fiorentina, Fiorentina; Faishal, Achmad
AHKAM Vol 5 No 3 (2026): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10162

Abstract

Although restorative justice (RJ) has been adopted in criminal law enforcement in Indonesia, the resulting settlement agreements often lack executorial force, leaving victims in legal uncertainty. This study aims to analyze the legal position of the Fiduciary Deed in supporting the RJ Settlement Deed and to construct an ideal legal framework for synchronizing the two deeds. This study used a normative legal method with statutory and conceptual approaches. Legal materials were collected through library research and analyzed prescriptively using the deductive method. The results show that the Fiduciary Deed, as an accessory agreement, fundamentally transforms the victim’s position from complainant to preferred creditor, converts the promise of compensation into a security right in rem, and provides executorial force equivalent to a court decision. Following Constitutional Court Decision No. 18/PUU-XVII/2019, notaries play a strategic role in formulating adaptive default clauses. This study also identifies three integration models, with the Notarial Settlement Deed model as the model with the strongest legal force. The conclusion of this study emphasizes the importance of the Fiduciary Deed as a legal instrument that provides executorial power to settlement agreements in RJ, so that the objective of victim recovery can be realized more certainly and quickly. The implications of this study include recommendations for amending the Fiduciary Security Law, revising Perpol No. 8/2021, issuing a Joint Regulation, and opening new professional and economic spaces for notaries.
Pandangan Tokoh Masyarakat terhadap Pernikahan Wanita Hamil di Luar Nikah Perspektif ‘Urf (Studi Kasus di Nagari Paninggahan Kecamatan Junjung Sirih Kabupaten Solok) Jannah, Izatul; Rahmiati, Rahmiati
AHKAM Vol 5 No 3 (2026): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10186

Abstract

The marriage of women pregnant out of wedlock has received attention in several studies, yet research specifically discussing community leaders’ views on this practice from the perspective of ‘urf in Minangkabau society remains limited. This study aims to analyze the practice of marriage among women pregnant out of wedlock in Nagari Paninggahan, Junjung Sirih Subdistrict, Solok Regency, examine community leaders’ views on this practice, and analyze it from the perspective of ‘urf as one of the considerations in Islamic law. This study used a qualitative approach with a case study design, involving customary leaders, Islamic religious scholars, niniak mamak, bundo kanduang, and community members selected through purposive sampling. Data were collected through observation, in-depth interviews, and documentation, and were then analyzed using the interactive analysis technique of Miles, Huberman, and Saldaña, which includes data reduction, data display, and conclusion drawing. The results show that the practice of marriage among women pregnant out of wedlock in Nagari Paninggahan is carried out as a form of social and customary resolution to preserve family honor, protect women and children, and prevent social conflict within the community. The majority of community leaders support this practice because it is viewed as bringing greater benefit than allowing the problem to develop without resolution. This finding contributes to the development of Islamic family law studies based on local wisdom and broadens understanding of the relationship between custom and Islamic law in Minangkabau society. The conclusion of this study emphasizes the importance of synergy between customary and religious approaches in resolving social problems in society. The practical implications of this study indicate the need to strengthen moral guidance and religious education for the younger generation as a preventive effort against similar social problems.
Pelaksanaan Pembatalan Partai Politik sebagai Peserta Pemilihan Umum oleh Komisi Pemilihan Umum dalam Pemilihan Umum Legislatif di Kota Solok Nomor 18 Tahun 2023 tentang Pengelolaan Dana Kampanye Maharani, Shiva Alia; Aermadepa, Aermadepa; Mulyeni, Yulfa
AHKAM Vol 5 No 3 (2026): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10197

Abstract

Campaign fund management is an important aspect of maintaining the transparency, accountability, and integrity of General Elections. Although previous studies have extensively discussed campaign funds from the perspectives of supervision and accountability, studies on the cancellation of political parties as election participants due to failure to submit the Initial Campaign Fund Report (LADK) remain limited. This study aims to analyze the implementation of the cancellation of political parties as participants in the Legislative General Election by the Solok City General Elections Commission (KPU) based on General Elections Commission Regulation Number 18 of 2023 concerning Campaign Fund Management and to explain the resulting legal consequences. This study used an empirical sociological legal method with a descriptive qualitative approach. Data were collected through semi-structured interviews with the Solok City KPU and document studies of regulations and official decisions. The results show that the Solok City KPU canceled the participation of the Indonesian Solidarity Party, Garuda Party, and Ummat Party through Solok City KPU Decision Number 9 of 2024 because they did not submit the LADK. This cancellation resulted in legal consequences in the form of the loss of status as election participants, the disqualification of legislative candidates, and a reduction in the public’s political choices. This finding emphasizes the importance of political parties’ compliance with campaign fund reporting obligations as an instrument for maintaining electoral accountability and integrity. The implications of this study provide a basis for election organizers and political parties to strengthen administrative compliance, campaign fund transparency, and the governance of election participants in accordance with statutory regulations.
Pelaksanaan Pemberian Bantuan Hukum Berdasarkan Undang-Undang Nomor 16 Tahun 2011 tentang Bantuan Hukum terhadap Tahanan di Lembaga Pemasyarakatan Kelas IIB Solok Alfiyan, M. Fariz; Mulyeni, Yulfa; Arianto, Eri
AHKAM Vol 5 No 3 (2026): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10198

Abstract

The fulfillment of the right to legal aid for detainees in correctional institutions remains uneven, particularly among detainees with limited economic resources, legal knowledge, and access to information. This study aims to analyze the implementation of legal aid provision for detainees at the Class IIB Solok Correctional Institution based on Law Number 16 of 2011 concerning Legal Aid and to identify obstacles in its implementation. This study used a qualitative approach with an empirical legal research design. The research informants consisted of correctional institution officers, detainees, and advocates from Posbakumadin Kota Solok and Posbakumadin Koto Baru, who were selected purposively. Data were collected through interviews and literature study and were then analyzed using qualitative descriptive analysis. The results show that legal aid has been implemented through the stages of socialization, data collection, application submission, verification, advocate appointment, assistance, and reporting. However, its implementation still faces several obstacles, including detainees’ low legal literacy, stigma toward free legal aid services, administrative barriers, delays in assistance, limited advocate schedules, and weak interinstitutional coordination. The conclusion of this study emphasizes that the effectiveness of legal aid provision for detainees depends heavily on strengthening socialization, simplifying administration, ensuring timely assistance, and improving interinstitutional coordination. These findings imply the need for more responsive governance of legal aid services to ensure access to justice for detainees.
Pelaksanaan Hak Narapidana Wanita Berdasarkan Peraturan Pemerintah Republik Indonesia Nomor 32 Tahun 1999 tentang Syarat dan Tata Cara Pelaksanaan Hak Warga Binaan Pemasyarakatan di Lembaga Pemasyarakatan Perempuan Kelas IIB Padang Alpines, Sherly; Nizwana, Yulia; Arianto, Eri
AHKAM Vol 5 No 3 (2026): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10199

Abstract

The fulfillment of the rights of female prisoners is an important issue in the correctional system because women have specific needs related to reproductive health, psychological conditions, social relations, pregnancy, breastfeeding, and social reintegration. This study aims to analyze the implementation of the rights of female prisoners based on Government Regulation Number 32 of 1999 at the Class IIB Padang Women’s Correctional Institution and to identify the obstacles and efforts to resolve them. This study used a sociological juridical method with a qualitative descriptive approach. The research informants included the Head of the Correctional Institution, officials responsible for guidance and registration, clinic nurses, work activity staff, and 50 female prisoners selected purposively. Data were collected through interviews, observation, and document study, and were then analyzed qualitatively through the stages of editing, coding, data presentation, and conclusion drawing. The results show that the fulfillment of the basic rights of female prisoners, such as the right to worship, receive proper food, obtain health services, participate in self-reliance training, receive remission, and undergo assimilation, has been implemented fairly well. However, its implementation still faces obstacles in the form of limited specific regulations, overcapacity, health facilities, budgets, the number of officers, and industrial partners. The conclusion of this study emphasizes that fulfilling the rights of female prisoners requires strengthening regulations, improving facilities, and expanding cross-sectoral cooperation. These findings contribute to the development of the concept of gender-based corrections and provide practical implications for improving the governance of correctional services that are more responsive to the specific needs of female prisoners.

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