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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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Perlindungan Hukum terhadap Pemenuhan Hak Nafkah Anak Pasca Putusan Pengadilan Khairunnisyah Khairunnisyah; Maria Rosalina; Sheara Athalia Az Zahra Hasibuan; Nur Rahma Dina
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.v5i3.10714

Abstract

Divorce in Indonesia continues to leave serious problems in the fulfillment of children’s maintenance rights, although this obligation is normatively attached to the father under Law Number 1 of 1974 and the Compilation of Islamic Law. This condition places children as a vulnerable party to developmental disruptions due to non-compliance with court decisions that have obtained permanent legal force (inkracht van gewijsde). This study aims to analyze the implementation of the fulfillment of children’s maintenance rights after court decisions and to formulate legal protection measures that can be pursued when this obligation is neglected. This study used a normative legal method with statutory, conceptual, and case approaches. Legal materials were analyzed descriptively and analytically through legal interpretation to reveal the gap between das sollen and das sein. The results show a sharp discrepancy in the implementation of child maintenance, because the applicable law enforcement mechanism still tends to be passive and dependent on the mother’s initiative, so court decisions often remain an administrative formality without actual execution. The conclusion of this study affirms that the protection of children’s maintenance rights has not been effective due to the absence of a permanent execution supervisory institution, limited access to the financial data of the obligated party, and weak sanctions for negligent parties. The implications of this study emphasize the need for a paradigm shift from passive enforcement to active enforcement through the integration of inter-institutional data systems, more assertive reform of execution policies, and the strengthening of administrative and criminal sanctions against fathers who neglect maintenance obligations in order to guarantee the best interests of the child.
Keabsahan Alat Bukti Elektronik dalam Perkara Perceraian: Analisis Yuridis dan Praktik di Pengadilan Agama Rifky Akhmad Maulana Chaidir; Maria Rosalina; Raja Fikri Setiawan; Irwansyah Parulian Harahap
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.v5i3.10715

Abstract

Digital transformation has changed the dynamics of the law of evidence in Indonesia, including in divorce cases before the Religious Courts. Although Law Number 11 of 2008 concerning Electronic Information and Transactions has recognized electronic evidence as valid evidence, its implementation in religious court practice still faces epistemological and procedural obstacles. This study aims to analyze the legal status of electronic evidence, identify the gap between legal norms and judicial practice, and formulate appropriate legal reasoning for judges in verifying digital evidence. This study used a normative legal method with statutory and case approaches. The results show that juridically, electronic evidence has been recognized as an expansion of documentary evidence, but in practice, judges still tend to position digital evidence as supporting evidence. This disparity is influenced by the absence of uniform technical guidelines, limited digital forensic infrastructure, and the mindset of law enforcement officials that still prioritizes conventional evidentiary methods based on classical fiqh literature. The conclusion of this study affirms that the standardization of Digital Evidence Admissibility procedures is essential to minimize judicial subjectivity and legal uncertainty, while still observing the principle of prudence (ihtiyat) in Islamic law. The implications of this study emphasize the need to strengthen judges’ digital competence and renew evidentiary governance so that religious courts remain relevant, adaptive, and capable of delivering proportional justice in the era of information disruption.
Verstek dalam Perkara Perceraian di Pengadilan Agama dan Implikasinya terhadap Putusan Hafizah Salsabilah Manik; Maria Rosalina; Shakila Aminah Pulungan; Siti Zahra Hsb
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.v5i3.10717

Abstract

Divorce cases in the Religious Courts require a balance between the efficiency of case resolution and the protection of the defendant’s rights, especially when a decision is rendered in the defendant’s absence through the verstek mechanism. This study aims to analyze the mechanism for applying verstek decisions in divorce cases in the Religious Courts and to formulate effective legal protection measures for defendants through the verzet mechanism. This study used a normative legal method with a prescriptive doctrinal approach through the examination of primary legal materials, such as HIR and RBg, as well as other relevant legal literature. The results show that verstek decisions are an important instrument for preventing stagnation in the judicial process due to the defendant’s passive attitude, but judges still have a judicial obligation to conduct ex officio examination to ensure that the claim is well-founded and does not violate rights. In divorce cases, the application of verstek has specific characteristics because judges bear a moral burden to view divorce as an ultimum remedium. As a balancing mechanism, verzet functions as an instrument of legal protection that provides defendants with a second opportunity to defend themselves and refute the plaintiff’s arguments through adversarial examination. The conclusion of this study affirms that the regulation of verstek and verzet represents a synthesis between the need for judicial efficiency and respect for substantive justice. The implications of this study indicate the importance of applying the principle of judicial prudence in divorce cases and the need for further socio-legal studies to assess the effectiveness of implementing such decisions in judicial practice across various regions.
Pola Pengasuhan Panti Asuhan Aisyiyah Balai Gurah Perspektif Konsep Hadhanah dalam Pengasuhan Keluarga Islam Dina Nabila; Sofia Ridha
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.v5i3.10730

Abstract

Childcare patterns in Islamic-based care institutions have received attention in various studies, but research that specifically discusses the implementation of the concept of hadhanah in caregiving practices in orphanages remains limited. This study aims to analyze the caregiving patterns applied at Panti Asuhan Aisyiyah Balai Gurah and to examine their conformity with the concept of hadhanah in Islamic family caregiving. This study used a qualitative approach with a case study design. The research informants consisted of orphanage administrators and caregivers selected through purposive sampling. Data were collected through interviews, observation, and documentation, and were then analyzed using the interactive model of Miles, Huberman, and Saldaña, which includes data condensation, data display, and conclusion drawing and verification. The results show that caregiving patterns at Panti Asuhan Aisyiyah Balai Gurah are implemented in a structured manner through educational, religious, disciplinary, independence, and character development guidance. These patterns have accommodated the basic principles of hadhanah, including the fulfillment of children’s basic needs, education, health, protection, and spiritual guidance. The relationship between caregivers and foster children is built through a familial approach that positions caregivers as substitute parental figures. However, limited individual attention remains a challenge in the implementation of institution-based caregiving. The conclusion of this study affirms that childcare in Islamic-based orphanages needs to integrate the fulfillment of children’s physical, emotional, social, and spiritual needs in order to be oriented toward children’s welfare. The implications of this study contribute to the development of Islamic family law studies, particularly regarding the implementation of the concept of hadhanah in childcare institutions.
Inheritance Rights of Children Born Out of Wedlock: Comparative Indonesia and Malaysia Child Protection Radbruch Analysis Ikwal Pangsa Chaniago; 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.v5i3.10756

Abstract

Constitutional Court Decision No. 46/PUU-VIII/2010 marked a paradigm shift in Indonesian family law by recognizing the legal relationship between children born out of wedlock and their biological fathers, particularly in relation to inheritance rights previously constrained by the absence of marriage registration. This study aimed to analyze the legal implications of the decision through Law No. 35 of 2014 on Child Protection and Gustav Radbruch’s legal values of justice, utility, and legal certainty. The study employed doctrinal and philosophical approaches to evaluate whether the decision fulfills substantive justice and the principle of the best interests of the child. The findings indicate that the decision aligns with Radbruch’s three legal values by advancing child protection and reducing discriminatory treatment against children born out of wedlock. However, a significant gap remains between normative recognition and practical enforcement due to the absence of clear technical regulations and unequal access to DNA testing mechanisms. In comparison, Malaysia applies a more conservative Islamic legal framework, in which children born out of wedlock are legally recognized only in relation to the mother and are excluded from inheritance rights from the biological father under faraid principles, although limited protection may be provided through hibah, wasiat, or state welfare institutions. The study concludes that Constitutional Court Decision No. 46/PUU-VIII/2010 provides an important foundation for strengthening substantive justice and child protection in Indonesia, but its effectiveness depends on clearer regulatory implementation. These findings contribute to the discourse on comparative family law, child protection, and legal philosophy, while offering practical implications for policymakers to strengthen legal certainty and ensure equal protection for all children without discrimination.
Status Harta Pusaka dan Harta Pencaharian dalam Sistem Mayorat Laki-Laki Masyarakat Lampung Pepadun Perspektif Kompilasi Hukum Islam Lu’lu’ Salamah; 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.v5i3.10759

Abstract

Although the male primogeniture system in the Lampung Pepadun community has become an important part of customary identity, normative issues arise when the eldest son is positioned as the successor to customary status and manager of all inherited property without distinguishing between the status of ancestral property and acquired property. This study aims to analyze the position of ancestral property and acquired property in the male primogeniture system of the Lampung Pepadun community and their legal status under the Compilation of Islamic Law. This study used a normative legal method with statutory, conceptual, and limited comparative approaches. Legal materials were collected through library research and analyzed qualitatively. The results show that communal ancestral property can continue to be maintained under customary management by the eldest son as penyimbang, as long as it is not interpreted as absolute private ownership. Conversely, the legal status of acquired property needs to be examined as either personal property or joint marital property. If the acquired property is classified as joint marital property, the surviving spouse’s share must first be separated before the deceased’s share is distributed to the heirs. The conclusion of this study affirms that the male primogeniture system can still be maintained as the customary identity of the Lampung Pepadun community, but its application must be limited so that it does not eliminate the rights of spouses and heirs under the Compilation of Islamic Law. These findings contribute to the development of studies on customary inheritance law and Islamic law and imply the importance of harmonizing customary inheritance practices with the principles of justice in Islamic family law.
Kepastian Hukum terhadap Pengajuan SHGB yang Telah Daluwarsa Menggunakan Akta Jual Beli (AJB) Liebertha Lirung; Anang Shophan Tornado
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.v5i3.10761

Abstract

Although expired Building Use Rights (Hak Guna Bangunan/HGB) have received attention in various agrarian law studies, research that specifically discusses the legal standing of the Deed of Sale and Purchase (Akta Jual Beli/AJB) as the basis for applying for the renewal of rights after the expiration of HGB remains limited. This study aims to analyze the legal force of an AJB made while the HGB was still valid and to explore legal certainty for AJB holders in applying for the renewal of land rights. This study used a qualitative approach with a normative legal research design. Primary and secondary legal materials were obtained through documentation studies and literature searches of legislation, court decisions, books, and legal journals. The data were analyzed using qualitative analysis techniques with deductive legal reasoning. The results show that an AJB made while the HGB was still valid retains legal force as evidence of the acquisition of rights and physical control over the land, although it can no longer be used as the basis for the transfer-of-name process after the HGB has expired. These findings contribute to the development of agrarian law theory, particularly concerning legal protection for good-faith buyers in land administration practices. The conclusion of this study affirms that good faith, the validity of the AJB at the time it was made, and actual physical control of the land are important factors in applying for the renewal of land rights. The implications of this study include strengthening the literature on land registration law and providing practical recommendations for the National Land Agency (BPN) in formulating a clearer, more consistent, and more equitable administrative mechanism for granting new rights over state land. This study also opens opportunities for further research on socio-legal aspects in the variation of land policy implementation across regions.
Kekuatan Eksekutorial Akta Jaminan Fidusia terhadap Objek yang Dikuasai Negara Juan Satria Mahendra; Noor Hafidah
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.v5i3.10762

Abstract

Although fiduciary security has been extensively regulated in Law Number 42 of 1999, studies that specifically discuss the executorial force of fiduciary deeds when the collateral object is controlled by the state remain limited. This study aims to analyze whether state confiscation eliminates creditors’ proprietary rights over fiduciary collateral objects and to formulate the legal construction of the position of fiduciary creditors regarding collateral objects confiscated by the state. This study used a normative legal method with a theoretical research type, through a statutory approach and a prescriptive conceptual approach. Legal materials were collected through library research and analyzed qualitatively using systematic interpretation and deductive reasoning. The results show that state confiscation does not automatically eliminate creditors’ proprietary rights because fiduciary security has the characteristic of droit de suite as affirmed in Article 20 of Law Number 42 of 1999 and grants creditors a preferential position based on Article 27 paragraph (1) of the same law. However, the absence of explicit regulation regarding the position of fiduciary creditors when collateral objects are confiscated by the state creates legal uncertainty and a conflict of norms between civil law and criminal law. The conclusion of this study emphasizes the importance of synchronizing fiduciary security law and criminal confiscation procedures so that the rights of bona fide third parties remain protected. The implications of this study provide theoretical contributions to the development of security law literature and practical implications for policymakers in formulating clear creditor protection mechanisms when fiduciary collateral objects are subject to state confiscation.
Proporsionalitas Penegakan Hukum terhadap Pelaku Usaha Mikro dalam Pelanggaran Informasi Produk Syahda Hafidz Adzindafa; Rachmadi Usman
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.v5i3.10787

Abstract

Although law enforcement against business actors in consumer protection violations has been widely studied, research that specifically discusses the proportionality of law enforcement against micro-enterprise actors for violations of product information obligations from the perspective of economic law remains limited. This study aims to analyze the regulation of product information obligations for micro-enterprise actors and to examine the proportionality of law enforcement against violations of these obligations through Banjarbaru District Court Decision Number 38/Pid.Sus/2025/PN Bjb. This study used a qualitative approach with a normative legal research design through statutory, conceptual, and case approaches. Data were obtained through library research on primary, secondary, and tertiary legal materials, and were then analyzed normatively and qualitatively using a descriptive-analytical method. The results show that the regulation of product information obligations in Law Number 8 of 1999 aims to protect consumer rights, but its application to micro-enterprise actors needs to consider business characteristics and MSME empowerment policies. Law enforcement through criminal instruments against administrative violations, as in the Mama Khas Banjar case, has not fully reflected the principle of proportionality and the principle of ultimum remedium. These findings contribute to the development of studies on consumer protection law, MSME law, and economic law, particularly through strengthening the principle of proportionality in law enforcement against micro-enterprise actors. The conclusion of this study affirms that administrative guidance, education, and gradual supervision should serve as the primary instruments before the application of criminal sanctions. The implications of this study provide a conceptual basis for the government and law enforcement officials in formulating more equitable law enforcement policies, while also opening opportunities for further empirical research on the implementation of the principle of proportionality in handling violations by micro-enterprise actors.
Kedudukan Gugatan Rekonvensi dalam Cerai Talak dan Cerai Gugat di Peradilan Agama Maria Rosalina; Shafira Putri Azhari; Najwa Tindaon; Chairunnisa Chairunnisa
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.v5i3.10799

Abstract

Although counterclaims have been recognized as a defendant’s formal right in civil procedural law, their position in divorce by repudiation and contested divorce cases within the Religious Courts still faces inconsistent practice, particularly due to a normative gap in the Compilation of Islamic Law. This study aims to examine the position of counterclaims in divorce by repudiation and contested divorce cases and to analyze their effectiveness as an instrument for protecting the rights of the parties. This study uses a normative legal method with statutory and conceptual approaches. Legal materials were analyzed descriptively and analytically to examine the regulation of counterclaims under the HIR and RBg and their relevance in the practice of resolving divorce cases in the Religious Courts. The results of the study show that counterclaims have an important position as a means of protecting the defendant’s rights as well as an instrument of procedural efficiency through the concept of one-stop litigation. However, their effectiveness is still hindered by normative uncertainty regarding post-divorce rights and weaknesses in the enforcement of judgments. Supreme Court Circular Number 3 of 2018, through the judge’s ex officio authority, constitutes a legal breakthrough in protecting women’s rights, but it cannot replace the active role of counterclaims as an instrument for asserting the rights of the parties. The conclusion of the study affirms that counterclaims need to be positioned as a strategic legal mechanism in resolving divorce cases in the Religious Courts. The implications of this study indicate the need for regulatory synchronization and the preparation of more comprehensive operational guidelines to ensure legal certainty, judicial efficiency, and substantive justice for the litigating parties.

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