cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Muhammad Irwan Hadi
Contact Email
m.h4di@ymail.com
Phone
+6285799379817
Journal Mail Official
ahkam@yasin-alsys.org
Editorial Address
Jl. Yasin No 01 Keruak Kec. Keruak Lombok Timur Nusa Tenggara Barat
Location
Kab. lombok timur,
Nusa tenggara barat
INDONESIA
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
 41   42   43   44   45 
Analisis Perkembangan Ekosistem Investasi Syariah di Negara-Negara Berpendapatan Menengah: Peluang dan Tantangan Pengembangannya Aril Zumaedi; Risky Alfandi; Sarika Hannum; Evika Damayanti; Paisal Rahmat
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.v5i3.10509

Abstract

The development of the Islamic investment ecosystem in middle-income countries has become an important issue in the global financial industry because of its potential to increase financial inclusion and support sustainable development. Although various studies have discussed Islamic finance, studies that comprehensively analyze the development of the Islamic investment ecosystem along with its opportunities and challenges in middle-income countries remain limited. This study aims to analyze the development of the Islamic investment ecosystem, identify supporting factors and opportunities for its development, and examine the challenges faced. This study used a qualitative approach with a multi-case study design. Data were collected through documentation studies of policy documents, Islamic finance industry reports, regulator publications, reports from international institutions, and relevant scientific articles, then analyzed using thematic analysis through the processes of reduction, categorization, interpretation, and conclusion drawing. The results showed that the development of Islamic investment is marked by the growth of the Islamic capital market, increased sukuk issuance, the development of Islamic fintech, and regulatory strengthening. The growth of the Muslim population, increasing awareness of halal investment, advances in financial technology, and integration with sustainable finance are the main factors supporting this development. However, Islamic investment still faces challenges in the form of low Islamic financial literacy, limited infrastructure, lack of product innovation, regulatory differences, and digital security risks. The conclusion of this study affirms that strengthening the Islamic investment ecosystem in middle-income countries requires synergy among regulation, literacy, product innovation, digital infrastructure, and sustainable finance principles. The implications of this study provide theoretical contributions to the development of Islamic investment studies and practical contributions for regulators, Islamic financial institutions, and industry actors in formulating more inclusive, adaptive, and sustainable Islamic investment development strategies.
Peran Jaksa Pengacara Negara dalam Pengembalian Kerugian Keuangan Negara Gladly Rifqi Samhudi; Sodikin Sodikin
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.v5i3.10520

Abstract

The State Attorney (JPN) is part of the Prosecutor’s Office of the Republic of Indonesia, which has the authority to represent the state or government in civil and state administrative cases, both inside and outside the court. One of the strategic roles of the JPN is to pursue the recovery of state financial losses resulting from default, unlawful acts, or administrative disputes involving state institutions. This study aims to analyze the forms of the State Attorney’s role in litigation and non-litigation processes and to describe the legal procedures undertaken in recovering state financial losses. This study used a descriptive qualitative method with a document study and legal literature approach. Data were obtained from laws and regulations, court decisions, academic journals, and prosecutorial policy documents. The results showed that the role of the JPN includes preventive actions through the provision of legal opinions and legal assistance, as well as repressive actions through civil lawsuits, the implementation of court decisions, and asset execution. The legal procedures undertaken were carried out systematically, beginning with the request for power of attorney, case review, non-litigation settlement, litigation, and execution. The conclusion of this study affirms that the State Attorney has an important role in supporting the recovery of state financial losses through civil and state administrative law instruments. These findings imply the need to strengthen the JPN’s function in providing legal assistance, resolving disputes effectively, and optimizing the recovery of state losses in an accountable manner.
Fleksibilitas Ibadah bagi Pekerja Modern: Analisis Kaidah Idzā Ḍāqa al-Amru Ittasa‘a dalam Konteks Dunia Kerja Kontemporer Muhammad Nurtaufiq Sudirman; Tarekh Surya Anugrah; Sepmin Alfurqan; Achmad Musyahid Idrus; Muammar Bakry
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.v5i3.10535

Abstract

The worship-related problems of modern workers indicate the need for an understanding of fiqh that is flexible, proportional, and still grounded in sharia provisions, especially when work demands create limitations in time, place, and physical condition in performing worship. This study aims to examine the concept of the maxim idzā ḍāqa al-amru ittasa‘a as a principle of flexibility in Islamic law, analyze the limits of its application in fiqh, and explain its implementation in the worship-related problems of modern workers. This study used a qualitative approach with a library research design through an examination of classical and contemporary fiqh literature and an analysis of various cases involving modern workers. The results show that this maxim provides legitimacy for various forms of rukhsah in worship that are relevant to the conditions of modern workers, such as the permissibility of combining prayers for medical personnel in emergency conditions, transportation workers with high mobility, rescue teams in disaster situations, and concessions in purification through tayamum when adequate facilities are unavailable. Under certain conditions, this maxim also allows adjustments in the performance of worship due to time and place constraints, such as for workers in dense work environments or in situations of extreme traffic congestion, while still observing sharia limits. However, the application of rukhsah is not absolute because it must be adjusted to the provisions and conditions formulated by scholars. The conclusion of this study affirms that Islamic law has a flexible yet measured character in providing ease for mukallaf according to the level of difficulty faced in modern life. The implications of this study contribute to the development of contemporary fiqh studies, particularly in formulating Islamic legal responses that are adaptive to the dynamics of modern work without disregarding the principles of prudence and sharia compliance.
Hak Gugat bagi Pegawai Negeri Sipil (PNS) yang Diberhentikan Tidak dengan Hormat dengan Keputusan Tata Usaha Negara yang Didasarkan atas Putusan Pengadilan Tindak Pidana Korupsi Kharis Maulana Riatno; Suprapto Suprapto
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.v5i3.10550

Abstract

Although the issue of dishonorable dismissal (PTDH) of Civil Servants (PNS) due to corruption crimes has been widely studied, research that specifically discusses the normative conflict between Supreme Court Circular Letter (SEMA) Number 5 of 2021 and Government Regulation Number 79 of 2021 concerning ASN’s right to sue remains limited. This study aims to analyze the legality of restricting PNS’s right to sue through SEMA Number 5 of 2021 and to formulate the ideal concept of access to justice in the state administrative law system. This study used a normative legal method with statutory, conceptual, and case approaches. Data were obtained through a literature study of primary and secondary legal materials, then analyzed qualitatively using prescriptive techniques. The results showed that the restriction of the right to sue through SEMA Number 5 of 2021 has the potential to create normative conflict, legal uncertainty, and restrictions on access to justice because it is not aligned with the right to legal remedies guaranteed under Government Regulation Number 79 of 2021. The findings also showed that PTDH decisions based on corruption criminal court decisions can still be reviewed in the state administrative court as long as the object of review is limited to administrative aspects. The conclusion of this study affirms that restricting PNS’s right to sue through the SEMA instrument needs to be positioned carefully so as not to reduce guarantees of legal protection in the state administrative law system. These findings imply the importance of harmonizing regulations on civil service dispute resolution and strengthening the concept of access to justice for ASN in obtaining fair, certain, and proportional legal protection.
Kendala Asas Retroaktif dalam Penanganan Pelanggaran HAM Berat Syifa Azzohra; Mirza Satria Buana
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.v5i3.10572

Abstract

Although the application of the retroactive principle in resolving gross human rights violations has been widely studied, discussions that specifically examine the regulation of the retroactive principle and the juridical obstacles affecting the effectiveness of its application in the Indonesian legal system remain limited. This study aims to analyze the regulation of the retroactive principle in handling gross human rights violations and to examine the legal obstacles affecting its implementation. This study used a normative legal method with statutory and case approaches. The research data, consisting of primary and secondary legal materials, were collected through a literature study of laws and regulations, court decisions, books, and scientific journals, then analyzed descriptively and analytically. The results showed that the application of the retroactive principle to gross human rights violations in Indonesia obtains legitimacy through Law Number 26 of 2000 concerning Human Rights Courts as an exception to the principle of legality to prevent impunity for perpetrators of extraordinary crimes. However, the effectiveness of its application still faces several obstacles, particularly limited institutional capacity, issues of legal politics, and the suboptimal synergy between national and international legal mechanisms. A comparison with Japan shows that the success of enforcing justice is determined not only by the existence of legal norms but also by institutional support and the state’s commitment to human rights enforcement. These findings contribute to the development of human rights law studies, particularly in understanding the relationship between the principle of legality, the retroactive principle, and transitional justice. The implications of this study may serve as a consideration for policymakers in strengthening mechanisms for resolving gross human rights violations and encouraging further research on the effectiveness of integrating national and international legal mechanisms in human rights enforcement.
Disparitas Sanksi dalam Putusan Dewan Kehormatan Penyelenggara Pemilu Nomor 25-PKE-DKPP/I/2025 terhadap Anggota Komisi Pemilihan Umum Kota Banjarbaru Renaldy Farhan; Deden Koswara
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.v5i3.10604

Abstract

Although the enforcement of the code of ethics for election organizers by the Election Organizer Honorary Council (DKPP) has received attention in various previous studies, studies that specifically examine disparities in sanctions within a single decision against subjects involved in the same legal event remain limited. This study aims to analyze the ratio decidendi of the DKPP in imposing disparities in sanctions on members of the Banjarbaru City General Election Commission (KPU) in Decision No. 25-PKE-DKPP/I/2025 and to assess its conformity with the principle of proportionality in law. This study uses a normative legal method with statutory, case, and conceptual approaches. Data were collected through a literature study of laws and regulations, DKPP decisions, legal literature, and previous research findings, and were then analyzed descriptively and analytically. The results show that the DKPP differentiated sanctions based on the corrective attitude demonstrated by one of the respondents. However, this consideration was not accompanied by clear parameters regarding the weighting of the degree of fault, role, and form of responsibility of each respondent. As a result, the disparity in sanctions imposed still leaves issues in terms of proportionality, legal certainty, and consistency in enforcing the code of ethics. This finding contributes to the development of studies on election law and ethical adjudication, particularly regarding the application of the principle of proportionality in the imposition of sanctions. The implications of this study can serve as evaluation material for the DKPP in formulating legal considerations that are more transparent, measurable, and accountable, while also opening space for further research on the consistency of disparities in sanctions across various DKPP decisions.
Sengketa Kepegawaian Sekretaris Daerah terhadap Bupati Kabupaten Banjar: Analisis Putusan Pengadilan Tata Usaha Negara 34/G/TF/2024 Muhammad Syaiful; Lies Ariany
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.v5i3.10259

Abstract

Although civil service disputes involving the state civil apparatus (ASN) and the application of the General Principles of Good Governance (AUPB) have been widely examined, analysis of ASN performance assessment as an object of dispute over governmental action and legal protection for the position of Regional Secretary in State Administrative Court Decision Number 34/G/TF/2024/PTUN.BJM remains limited. This study aims to analyze the conformity of the actions of the Regent of Banjar Regency in assessing the performance of the Regional Secretary based on the AUPB and to evaluate the legal protection provided by the decision for ASN positional rights. This study employed a normative legal method using statutory, case, and conceptual approaches. Primary legal materials included laws and regulations and State Administrative Court Decision Number 34/G/TF/2024/PTUN.BJM, while secondary legal materials comprised literature and scholarly journals collected through library research and analyzed descriptively and analytically. The results of the study show that the Regent’s action in assigning the performance rating of “Very Poor” did not comply with the principles of the AUPB because it was not based on monitoring, performance dialogue, guidance, feedback, the establishment of a Performance Appraisal Team, or assessment documents that fulfilled formal requirements. The State Administrative Court decision provided legal protection for ASN from arbitrary personnel actions, but it still leaves ambiguity regarding the legal consequences of unsigned assessment documents and the relationship between organizational performance achievement and the individual assessment of senior executive officials. These findings contribute to the development of administrative law scholarship, particularly the application of the AUPB, the merit system, and legal protection for ASN in civil service disputes. The conclusion of the study affirms that compliance with performance assessment procedures and the application of the merit system are prerequisites for objective, professional, transparent, accountable, and equitable civil service governance.
Konstruksi Relasi Kuasa dalam Delik Inses Persetubuhan terhadap Anak oleh Orang Tua Kandung Laila Hayati; Nurunnisa Nurunnisa
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.v5i3.10288

Abstract

Although the offense of sexual intercourse with a child has been regulated in Indonesian criminal law, its legal construction has not explicitly positioned the power relations between parents and children as a constitutive element of the offense, so the specific characteristics of incest crimes have not been fully reflected in legal protection for victims. This study aims to analyze the construction of power relations in the incest offense of sexual intercourse with a child by biological parents and to examine sustainable legal protection for child victims of incest. This study used normative legal research with statutory, conceptual, and case approaches. Legal materials were obtained through library research on legislation, legal literature, and court decisions related to incest crimes. The results show that the Child Protection Law, the Law on Sexual Violence Crimes, and the 2023 Criminal Code still position power relations as circumstances that aggravate punishment rather than as an essential element of the offense. In fact, power relations constitute the main factor that enables domination, manipulation, and nonphysical coercion of children in incest crimes. In addition, legal protection for victims still tends to be oriented toward punishing perpetrators and has not fully prioritized comprehensive and sustainable victim recovery. These findings contribute to the development of studies on juvenile criminal law, particularly in reconstructing incest offenses based on power relations and victim protection. The conclusion of this study affirms that power relations need to be positioned as a constitutive element in incest offenses so that criminal law can more substantively represent the characteristics of the crime. The implications of this study indicate the need for criminal law reform that is more responsive to child protection by strengthening a substantive justice approach and sustainable victim recovery.
Perspektif Fiqh Siyasah Tanfidziyyah terhadap Penutupan Stasiun Lambuang Kota Bukittinggi Rifky Setiawan; 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.v5i3.10638

Abstract

This study was motivated by the policy of the Bukittinggi City Government to close Lambuang Station as an effort to safeguard regional finances and optimize asset management, which had previously imposed a rental burden payable to PT Kereta Api Indonesia (PT KAI). This study aims to analyze the policy of closing Lambuang Station and examine it from the perspective of fiqh siyasah tanfidziyyah. This study used field research with a qualitative approach. Data were collected through interviews, observation, and documentation. The results showed that the closure of Lambuang Station was a local government policy directed at realizing public welfare through regional financial efficiency and the optimization of public assets. From the perspective of fiqh siyasah tanfidziyyah, this policy can be justified because it is in line with the principle of public welfare and the protection of public wealth (hifz al-mal). However, the implementation of the policy still needs to consider the principles of justice and the economic rights of affected communities. Thus, this study affirms that public policy in the management of regional assets should not only be oriented toward administrative and fiscal efficiency but also consider the values of public welfare, justice, and the protection of community interests.
Wasiat Wajibah sebagai Instrumen Perlindungan Hak Ahli Waris Beda Agama: Studi Komparatif Indonesia dan Negara-Negara Muslim dalam Perspektif Keadilan Hukum Nadya Artika Maulani; Abd. Rouf
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.v5i3.10671

Abstract

Religious difference is one of the impediments to inheritance in Islamic law, which causes non-Muslim heirs not to obtain inheritance rights from Muslim testators. In its development, a number of Muslim countries have developed the concept of wasiat wajibah as a legal protection instrument for parties who are barred from receiving inheritance. This study aims to analyze the regulation of wasiat wajibah for heirs of different religions in Indonesia and Muslim countries, identify its similarities and differences, and examine its relevance from the perspective of legal justice. This study is normative legal research using statutory, conceptual, and comparative approaches. The results show that Indonesia provides protection for heirs of different religions through the development of the concept of wasiat wajibah based on Supreme Court jurisprudence. Conversely, Egypt and Morocco continue to maintain the prohibition on inheritance between different religions and do not expand the application of wasiat wajibah to non-Muslim heirs, but provide a bequest mechanism as a means of transferring assets to parties who are barred from inheriting. From the perspective of legal justice, these differences indicate variations in approaches to protecting the economic interests of family members without eliminating the basic principles of Islamic inheritance. The conclusion of this study affirms that wasiat wajibah can function as a legal protection instrument for heirs of different religions without negating the principle prohibiting inheritance between different religions in Islamic law. These findings contribute to the development of Islamic inheritance law reform that is more responsive to the dynamics of plural society.

Page 43 of 46 | Total Record : 460

 41   42   43   44   45 

Filter by Year

2022 2026


Reset
Filter By Issues
All Issue Vol 5 No 3 (2026): SEPTEMBER Vol 5 No 2 (2026): JUNI Vol 5 No 1 (2026): MARET Vol 4 No 4 (2025): DESEMBER Vol 4 No 3 (2025): SEPTEMBER Vol 4 No 2 (2025): JUNI Vol 4 No 1 (2025): MARET Vol 3 No 4 (2024): DESEMBER Vol 3 No 3 (2024): SEPTEMBER Vol 3 No 2 (2024): JUNI Vol 3 No 1 (2024): MARET Vol 2 No 4 (2023): DESEMBER Vol 2 No 3 (2023): SEPTEMBER Vol 2 No 2 (2023): JUNI Vol 2 No 1 (2023): MARET Vol 1 No 1 (2022): DESEMBER More Issue