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Muhammad Irwan Hadi
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ahkam@yasin-alsys.org
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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 460 Documents
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Analisis Kewenangan Pemerintah Daerah Kota Bukittinggi dalam Penanggulangan Inflasi Cabai Berdasarkan Undang-Undang Nomor 23 Tahun 2014 tentang Kewenangan Pemerintahan Daerah dalam Perspektif Siyasah Maliyah Meri Ruzalia; Ismail Ismail
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10314

Abstract

The phenomenon of chili inflation in Bukittinggi City has become a regional economic problem that directly affects people’s purchasing power and food price stability. In September 2025, the price of chili reached IDR 90,000 per kilogram, while in February 2026 it remained in the range of IDR 50,000–60,000 per kilogram. This condition indicates high price fluctuations influenced by limited supply, dependence on supporting regions, and inefficient distribution. This study aims to analyze the authority of the Bukittinggi City Regional Government in addressing chili inflation based on Law Number 23 of 2014 concerning Regional Government and to examine its implementation from the perspective of Siyasah Maliyah. This study used field research with a normative-empirical qualitative approach. Data were obtained through observation, interviews, and documentation with informants from relevant agencies and chili traders at Aur Kuning Market. The data were analyzed descriptively through the stages of data reduction, data presentation, and conclusion drawing. The results show that the Bukittinggi City Regional Government has legitimate authority in controlling chili inflation through policies on local chili cultivation, the mixing of local and outside-region chili supplies, shortening the distribution chain, strengthening farmer institutions, and developing food infrastructure. From the perspective of Siyasah Maliyah, these policies generally reflect the principles of al-‘adl, maslahah ‘ammah, and the maxim tasharruf al-imam ‘ala al-ra’iyyah manuthun bil maslahah. This study contributes to the development of studies on regional government law and Islamic economics, particularly in understanding the authority of regional governments in maintaining food stability. The implications of this study emphasize the importance of food inflation governance based on regional authority, distributive justice, public benefit, and the strengthening of local supply resilience.
Analisis Yuridis terhadap Penjualan Harta Pailit yang Mudah Rusak di Bawah Nilai Likuidasi dalam Proses Kepailitan Rafshahdy Azari Soediro
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10324

Abstract

The sale of bankruptcy assets is an important stage in the settlement of the bankruptcy estate to fulfill payments to creditors. In bankruptcy practice in Indonesia, the sale of perishable bankruptcy assets below liquidation value by the receiver raises legal issues concerning the validity of the receiver’s actions and the limits of their authority under Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK PKPU). This study aims to analyze the regulation of the sale of perishable bankruptcy assets below liquidation value from the perspective of the UUK PKPU and to examine the validity of the receiver’s actions in such sales. This study used a normative juridical legal method with statutory and conceptual approaches. Legal materials were obtained through a literature study of laws and regulations, journals, and other relevant provisions, then analyzed descriptively and qualitatively. The results show that Article 107 of the UUK PKPU grants discretion to the receiver to sell perishable objects in order to prevent a decline in the value of bankruptcy assets. However, Article 185 paragraphs (1), (2), and (3) of the UUK PKPU still require that the sale of bankruptcy assets must first be conducted publicly through an auction mechanism. If the auction fails and is proven by auction minutes, a private sale may be conducted with the permission of the Supervisory Judge. Decree of the Chief Justice of the Supreme Court of the Republic of Indonesia Number 109/KMA/SK/IV/2020 also affirms that the private sale value must not be below the liquidation price. Thus, the sale of perishable bankruptcy assets below liquidation value can only be legally justified if there is an urgent condition that clearly threatens the loss of the economic value of the bankruptcy assets, is carried out in good faith, obtains permission from the Supervisory Judge, does not harm the bankruptcy estate, and is intended to protect the rights and interests of creditors. This study contributes to strengthening bankruptcy law studies, particularly concerning the limits of the receiver’s discretion in settling perishable bankruptcy assets.
Transformasi Pemerintahan Daerah Kabupaten Batanghari pada Masa Orde Lama Tahun 1957 Nabila Desmaliya Putri; Fatonah Nurdin; Padhil Hudaya
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10325

Abstract

The transformation of regional government during the Old Order era became an important point in the administrative development of Batanghari Regency because it encouraged the formation of a more modern and centralized bureaucratic system. These changes influenced the life of the Batanghari community, particularly in the fields of government, society, culture, education, and the economy. This study aims to analyze the process of regional government transformation and its impact on the life of the Batanghari Regency community during the Old Order era in 1957. This study used a historical qualitative approach through library research combined with field data. Data sources were obtained from books, scholarly journals, articles, historical documents related to the history of Jambi and the development of regional government in 1957, as well as direct information from parties who knew the historical context. The data were analyzed descriptively through the review, grouping, and interpretation of relevant sources. The results show that regional government transformation brought significant changes to the administrative and bureaucratic systems in Batanghari. The government began to implement a more organized pattern of governance, so the position and role of traditional leaders gradually changed. Nevertheless, the Batanghari community continued to maintain Malay customary values and local traditions as the region’s cultural identity. The development of education, economic activities, and government institutions also influenced patterns of daily community life. Thus, regional government transformation during the Old Order era not only affected the political and administrative fields but also brought social and cultural changes to the Batanghari community as part of Jambi Province. This study contributes to the development of regional history and local government administration studies, particularly in understanding the relationship between bureaucratic change and the socio-cultural dynamics of society.
Pemikiran Politik Islam di Indonesia Khoirul Huda; Muhammad Naufal Ihsan
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10336

Abstract

Although Islamic political thought in Indonesia has received attention in various studies, studies that specifically analyze the relationship between Islam and nationalism within the framework of Islamic political thought remain limited. This study aims to analyze the meaning of Islamic political thought as a conceptual effort by Muslims to formulate a system of power that is aligned with sharia values and the national context. This study used a qualitative method with a library research design and historical and normative approaches. Data sources consisted of primary and secondary data collected through documentation study by reading, understanding, examining, and recording various relevant literature, then analyzed using a descriptive-analytical method. The results show that Islamic political theory and thought in Indonesia have undergone transformation from the colonial period, the independence movement, to the reform era, reflecting adaptation to changing times. In the context of the relationship between Islam and nationalism, there has been a struggle between religious identity and national commitment that has produced a synthesis in the form of the Pancasila state. In addition, Islamic political thought in Indonesia has developed into several main schools, namely formalistic, substantive, and transformative, each with different characteristics and orientations. This study affirms that Islamic political thought in Indonesia is dynamic, contextual, and continues to develop in response to the challenges of the times. The implications of this study include theoretical contributions to the development of Islamic political thought literature and practical contributions for educators, students, historians, and researchers in understanding the dynamics of the relationship between Islam, nationalism, and national politics in Indonesia.
The Impact of Zakat Education, Religious Awareness, and Program Socialization on Participation of ASN Muzakki: A Study at BAZNAS (BAZIS) of Administrative City, West Jakarta Ahmad Ruyat Ismail; Abdul Ghoni
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10337

Abstract

The participation of civil servants, or State Civil Apparatus (ASN), in professional zakat is a strategic factor in optimizing zakat management through official state institutions, particularly BAZNAS (BAZIS) of DKI Jakarta Province. However, ASN participation in professional zakat, especially in West Jakarta Administrative City, remains low and is constrained by several institutional and socio-religious challenges. This study aims to analyze the influence of zakat education, religious awareness, and program socialization on ASN muzakki participation within the West Jakarta Administrative City Government. The study employed a mixed-methods approach with an explanatory sequential design, involving 377 respondents and in-depth interviews with three informants consisting of socialization and education program organizers and ASN who serve as muzakki. The findings indicate that zakat education, religious awareness, and program socialization simultaneously exert a significant influence on ASN professional zakat participation, with a collective effect of 66.3%. Among the three variables, program socialization provides the strongest contribution, followed by zakat education and religious awareness. The study concludes that systematic zakat education, the strengthening of religious values, and relevant socialization programs involving key figures are effective strategies for increasing ASN participation in professional zakat. These findings contribute to the development of evidence-based zakat collection policies and provide practical implications for BAZNAS (BAZIS) of DKI Jakarta Province in designing more responsive programs aligned with the socio-religious context of ASN in local government institutions.
Tinjauan Maslahah Mursalah terhadap Distribusi Daging Qurban kepada Orang Non Muslim (Studi di Nagari Jambak Kecamatan Luhak Nan Duo Kabupaten Pasaman Barat) Andika Putra; Bustamar Bustamar
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10354

Abstract

The phenomenon of distributing qurban meat to non-Muslim communities is an interesting socio-religious practice to examine, particularly because this practice also takes place in Nagari Jambak, Luhak Nan Duo Subdistrict, Pasaman Barat Regency. This study aims to analyze the distribution and implementation of qurban in Nagari Jambak and to examine the distribution of qurban meat to non-Muslim communities from the perspective of maslahah mursalah. This study used a qualitative approach with a field research design. Data were obtained from primary sources through field observation and interviews, as well as from secondary sources in the form of relevant books, journals, and articles. The collected data were then processed and analyzed using descriptive analysis techniques. The results showed that the distribution of qurban meat in Nagari Jambak was not only provided to Muslim communities but also to non-Muslim communities on the basis of social concern. From the perspective of maslahah mursalah, the practice of distributing qurban meat to non-Muslim communities, as carried out by the people of Nagari Jambak, can basically be permitted because it contains values of public benefit. These values include the establishment of harmonious interreligious relations, the growth of mutual assistance, concern for communities in need, and the prevention of wastefulness. These findings affirm that the practice of distributing qurban meat to non-Muslim communities can be understood as a form of social concern that is in line with the objectives of Islamic law in realizing public benefit. The implications of this study contribute to the development of contextual Islamic legal studies, particularly in understanding socio-religious practices oriented toward social harmony and shared benefit.
Revolusi Kitab Undang-Undang Hukum Pidana terhadap Tantangan Konstitusionalitas dalam Kajian Siyasah Dusturiyah Junmawalidin Junmawalidin
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10359

Abstract

The reform of the Criminal Code (KUHP) needs to consider the principle of justice for the people so that criminal regulation does not become an instrument serving the interests of officials who formulate the rules. This study aims to examine changes to the KUHP in relation to the challenges of constitutionality from the perspective of siyasah dusturiyah and to analyze them through the framework of Islamic legal politics. This study used a normative juridical method with conceptual and statutory approaches. The focus of the study was directed at material issues in the articles of the new National KUHP as regulated in Law Number 1 of 2023 and Law Number 1 of 2026 concerning Criminal Adjustment. The research data were analyzed descriptively and normatively by examining the conformity of the substance of criminal regulation with the principles of constitutionality, legal justice, and the values of Islamic legal politics. The results showed that the existence of the new KUHP of 2023 still leaves crucial issues, although it has been accompanied by criminal adjustment regulations in 2026. These issues relate to the need to ensure that criminal law reform remains oriented toward the interests of the people, is in line with the principle of constitutional justice, and does not create room for abuse of authority in the formation or application of law. These findings contribute to the development of studies on national criminal law and siyasah dusturiyah, particularly in assessing the direction of KUHP reform based on the principles of justice, public benefit, and protection of community rights. The implications of this study affirm the importance of strengthening normative evaluation of the substance of the KUHP so that national criminal law reform truly reflects substantive justice and the public interest.
Larangan Menikahi Kerabat Mantan Istri Sesuku dalam Adat Masyarakat Nagari Koto Lamo, Kecamatan Kapur IX Perspektif Urf Reti Alia Putri; Helfi Helfi
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10364

Abstract

The prohibition against marrying relatives of a former wife from the same clan in Minangkabau society is a customary practice related to the regulation of kinship relations, social harmony, and compliance with clan norms. Although this theme has been examined in several previous studies, research specifically discussing the prohibition against marrying relatives of a former wife from the same clan in the customs of the Nagari Koto Lamo community, Kapur IX Subdistrict, from the perspective of ‘urf remains limited. This study aims to analyze the implementation of the prohibition against marrying relatives of a former wife from the same clan in the customs of the Nagari Koto Lamo community and to examine it from the perspective of ‘urf in Islamic law. This study used a qualitative approach with a field research design. The research informants consisted of niniak mamak, alim ulama, community leaders, and members of the Nagari Koto Lamo community who were selected purposively. Data were collected through structured interviews and documentation, and were then analyzed descriptively and inductively. The results showed that the Nagari Koto Lamo community prohibits a person from marrying relatives of a former wife who come from the same clan or the same soko because it is considered likely to cause social conflict, damage kinship relations, and disrupt clan harmony. Violation of this prohibition is subject to a customary sanction in the form of being banished according to custom. From the perspective of ‘urf, this prohibition is classified as ‘urf fasid because it contradicts the provisions of Islamic law, which does not prohibit such a marriage as long as there is no mahram relationship. These findings contribute to the development of studies on Islamic family law, customary law, and ushul fiqh, particularly in understanding the relationship between custom and Islamic law in Minangkabau society.
Perlindungan Hukum bagi Perusahaan Akibat Wanprestasi dalam Perjanjian Kerja Sama (Studi Kasus di PT. Citra Mitra Sehati) Kota Bengkulu Muhammad Gilang Anugrah Syahputra; Laily Ratna; Uswatun Hasanah
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10373

Abstract

Breach of contract in cooperation agreements is a legal issue that frequently occurs in the business sector because it may cause losses to parties that have fulfilled their obligations. This issue occurred in the cooperation relationship between PT Citra Mitra Sehati (PT CMS) and PT Bumi Cahaya Abhipraya Sehati (PT BCAS), when PT BCAS failed to fulfill its payment obligations for mining services that had been performed by PT CMS, resulting in financial and operational losses. This study aims to analyze the legal protection available to PT CMS as a result of breach of contract in its cooperation agreement with PT BCAS and to identify the factors causing the breach of contract. This study used empirical legal research with a qualitative approach. Data were obtained through interviews and document study, then analyzed descriptively and qualitatively. The results show that PT BCAS committed a breach of contract because it failed to fulfill its payment obligations as stipulated in Coal Mining Services Contract Number 003/CMS-BCAS/KONT-TAMB/02/2022. The legal protection available to PT CMS includes the right to issue a notice of default, demand performance, claim compensation, and request contract termination through non-litigation or litigation channels in accordance with the provisions of the Indonesian Civil Code. The factors causing the breach of contract include the weak good faith of the defaulting party, economic conditions, unclear contractual clauses, suboptimal supervision of contract implementation, difficulty in proving losses, the lengthy dispute resolution process, and the high cost of case settlement. The conclusion of the study affirms that legal protection for companies in cooperation agreements needs to be strengthened through the preparation of contracts that are clear, detailed, and oriented toward legal certainty. The implications of this study provide practical contributions for business actors in increasing contractual prudence, strengthening supervision of agreement implementation, and minimizing the risk of breach of contract in business cooperation.
E-Court dan Akses Keadilan Digital: Kajian Sosiologi Hukum terhadap Perubahan Pelayanan Peradilan Mariatul Kiptiah; Fachruji Fachruji; Muhammad Aini
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10393

Abstract

Although digital transformation in the judicial system has been widely studied, research that specifically discusses the implementation of E-Court from the perspective of the sociology of law and its implications for access to digital justice remains limited. This study aims to analyze the implementation of E-Court and its influence on access to digital justice, the transformation of legal culture, and patterns of social interaction in judicial services in Indonesia. This study used a qualitative approach with a case study design involving judges, court clerks, advocates, and members of the public who use E-Court services. Informants were selected through purposive sampling based on their direct involvement in the use of electronic judicial services. Data were collected through in-depth interviews, observation, and documentation, then analyzed using the interactive analysis model of Miles and Huberman, which includes data reduction, data display, and conclusion drawing. The results show that the implementation of E-Court has transformed the judicial service system through improved administrative efficiency, transparency, and accessibility of court services. However, digital inequality, low technological literacy, and limited infrastructure remain major obstacles to equitable access to digital justice. In addition, the shift from conventional judicial services to a digital system has also affected patterns of social interaction and the legal culture of justice seekers. These findings contribute to the development of studies in the sociology of law, particularly regarding the relationship between law, technology, and social change in the digital era. The conclusion of the study affirms that the implementation of E-Court serves not only as an administrative innovation but also as an instrument for transforming legal culture and expanding access to digital justice. The implications of this study provide practical contributions for the Supreme Court of the Republic of Indonesia and relevant stakeholders in strengthening digital literacy, technological infrastructure, and judicial policies that are more inclusive and responsive to public needs.

Page 41 of 46 | Total Record : 460

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