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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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Rekonstruksi Regulasi Keotentikan Akta Notaris dalam Penggunaan Tanda Tangan Elektronik pada Pelayanan Kenotariatan di Indonesia Karinawati Karinawati; Ifrani Ifrani
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.v5i3.10813

Abstract

Although electronic signatures have been legally recognized in Law Number 11 of 2008 concerning Electronic Information and Transactions, legal certainty regarding the authenticity of Notarial deeds using electronic signatures in Indonesia still faces regulatory harmonization issues. This study aims to analyze the legal synchronization between conventional and digital systems in the signing of Notarial deeds and to formulate an ideal regulatory construction for the development of electronic signatures in notarial services in Indonesia. This study employed normative legal research with a prescriptive-analytical type through statutory, conceptual, and comparative legal approaches. Legal materials were collected through a literature study covering primary, secondary, and tertiary legal materials, and were then analyzed using legal interpretation, synchronization, and harmonization techniques. The results showed horizontal disharmony between Article 16 paragraph (1) letter m of the Notary Position Law, which requires the physical presence of the parties in the reading and signing of deeds, and Article 11 of the Electronic Information and Transactions Law, which recognizes the validity of electronic signatures based on the principle of functional equivalence. Certified electronic signatures, electronic certificates, and digital verification systems have fulfilled the functions of authentication, identification, integrity, and non-repudiation. However, the unmet requirement of physical presence may cause electronic deeds to lose their authentic nature. This finding contributes to the development of notarial science and cyber law, particularly in understanding the transformation of notarial services in the digital era. The conclusion of this study emphasizes the importance of regulatory harmonization through the revision of the Notary Position Law to accommodate virtual presence and the use of certified electronic signatures. The implications of this study include theoretical contributions to the development of notarial law and cyber law literature, as well as practical implications for the government, the Indonesian Notary Association, and Notaries in formulating policies for the digitalization of notarial services. This study also opens opportunities for further research on the implementation of digital identity systems and data protection in cyber notary practice.
Penyuluhan Hukum Sehubungan dengan Pembuatan Akta oleh Notaris sebagai Pejabat Umum Eka Prasetya Rini; Diana Haiti
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.v5i3.10814

Abstract

Although the authority of notaries to provide legal counseling has been regulated in Article 15 paragraph (2) letter e of the Notary Office Law (UUJN), normative ambiguity regarding the definition, scope, and limits of this authority still gives rise to multiple interpretations and differences in practice. This study aims to analyze the ratio legis of this provision and its relevance to the social function of notaries as public officials. This study uses a normative legal method that is descriptive-analytical and prescriptive in nature, with statutory, conceptual, and historical approaches. Primary legal materials include the UUJN, the Advocate Law, and the Notary Code of Ethics, while secondary legal materials comprise relevant legal literature and scholarly journals. The results of the study show that the ratio legis of the authority of notaries to provide legal counseling is built upon three interrelated main pillars, namely philosophical, sociological, and juridical reasons. Philosophically, this authority reflects the implementation of the Pancasila rule-of-law state, preventive justice, and the principle of officium nobile. Sociologically, this authority is relevant to the low level of public legal awareness and limited access to advocate services. Juridically, legal counseling by notaries needs to be understood as an authority that is aligned with the main function of notaries and does not conflict with the regulation of the advocate profession. The conclusion of the study affirms that the authority to provide legal counseling is a manifestation of the social function of notaries as public officials, but the normative ambiguity in its regulation requires the formulation of clearer operational definitions and limits of authority. The implications of this study provide theoretical contributions to the development of notarial law as well as practical recommendations for the formulation of implementing regulations to ensure legal certainty for notaries and the public.
Isbat Nikah terhadap Perkawinan di Bawah Umur Pasca Berlakunya Undang-Undang Nomor 16 Tahun 2019: Kajian Sosiologi Hukum atas Pengabulan Permohonan Pengesahan Nikah Ahmad Nafari; Maya Sosilawati; 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.v5i3.10837

Abstract

The change in the minimum age of marriage through Law Number 16 of 2019 is a state effort to prevent child marriage and ensure the protection of children’s rights. However, the practice of marriages below the minimum age limit is still found in society and is subsequently submitted through marriage validation applications to the Religious Courts. This study aims to analyze the regulation of the minimum age of marriage in Indonesian positive law, identify the social factors that cause underage marriage, and examine the granting of marriage validation for such marriages from the perspective of sociology of law. This study uses a normative legal method with statutory, conceptual, and sociology of law approaches. Data were obtained through library research on relevant laws and regulations, books, and scholarly journals. The results of the study show that although underage marriage contradicts the provisions of positive law, judges in several cases still grant marriage validation applications by considering aspects of utility, protection for women and children, and the social realities of society. From the perspective of sociology of law, the granting of marriage validation reflects the adaptation of state law to the law living in society (living law). The conclusion of the study affirms that granting marriage validation for underage marriage is an effort to realize substantive justice without disregarding the objective of legal protection mandated by law. The implications of this study provide theoretical contributions to the development of the sociology of Islamic family law, as well as practical implications for the Religious Courts and policymakers in resolving the legal consequences of underage marriage.
Perlindungan Hukum Notaris dalam Membuat Perjanjian Kredit Fiktif pada Perkara Tindak Pidana Korupsi Tri Puspa Wangi; 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.v5i3.10879

Abstract

Although criminal liability and legal protection for notaries have received attention in various previous studies, studies that specifically discuss the limits of notarial criminal liability in the preparation of credit agreement deeds based on falsified documents in corruption cases, as well as legal protection for notaries regarding the truth of the legal identity of debtors in the banking sector, remain limited. This study aims to analyze the criminal liability of notaries for deeds prepared based on falsified documents submitted by fictitious debtors and to examine forms of legal protection for notaries in the practice of bank credit provision. This study used a qualitative approach with a normative legal research design through a statutory approach, conceptual approach, and case approach. Primary, secondary, and tertiary legal materials were collected through literature study and documentation, and were then analyzed prescriptively using legal interpretation techniques. The results showed that, in principle, notaries are only responsible for the formal truth of the deeds they prepare and are not obliged to guarantee the material truth of documents or statements provided by the parties. Therefore, notaries cannot be held criminally liable in fictitious credit cases that cause state losses as long as there is no evidence of intent (mens rea), active involvement, or benefits obtained from the criminal act. This study also found that legal protection for notaries has been regulated through the mechanism of the Notary Honorary Council, the right of refusal, and the principle of due process of law, but its implementation remains suboptimal, thereby potentially leading to the criminalization of the notarial profession. These findings contribute to the development of studies on notarial law, banking law, and corruption criminal law, while also expanding understanding of the limits of notarial responsibility in bank credit transactions. The conclusion of this study emphasizes the importance of distinguishing between the formal responsibility of notaries and the material responsibility of banking institutions and debtors in fictitious credit cases. The implications of this study include theoretical contributions to the development of the concept of legal protection for the notarial profession, as well as practical implications for policymakers, law enforcement officials, banking institutions, and the Notary Honorary Council in strengthening legal certainty and preventing the criminalization of notaries who carry out their duties in accordance with legal provisions.
Kewenangan Notaris dalam Penyelesaian Sengketa atas Akta yang Dibuatnya Sa’adiyah Nur Hizrah; M. Hadin Muhjad
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.v5i3.10880

Abstract

Although the role of notaries as public officials in preparing authentic deeds has been widely studied, discussions that specifically examine the authority of notaries as mediators in resolving disputes over deeds they have prepared themselves and the legal implications arising from this role remain limited. This study aims to analyze whether dispute resolution is part of a notary’s authority when acting as a mediator for deeds they have prepared, as well as to examine the legal implications arising from the exercise of this role. This study used a qualitative approach with a normative legal research design through a statutory approach and a conceptual approach. Primary, secondary, and tertiary legal materials were obtained through literature study and were then analyzed prescriptively through interpretation of relevant laws and regulations, doctrines, and literature. The results showed that the Notary Position Law does not explicitly grant notaries the authority to act as mediators in resolving disputes over deeds they have prepared. However, the authority of notaries to provide legal counseling, as regulated in Article 15 paragraph (2) letter e of the Notary Position Law, may serve as an argumentative basis for notarial involvement in assisting the parties in resolving disputes through non-litigation mechanisms. On the other hand, the involvement of notaries as mediators may create a conflict of interest because notaries have a direct relationship with the deed that becomes the object of the dispute, which may affect the principles of mediator independence and neutrality. This finding contributes to the development of notarial law studies, particularly regarding the limits of notarial authority in alternative dispute resolution mechanisms. The conclusion of this study emphasizes the importance of clearer regulation concerning the position, authority, and mechanisms of notaries as mediators to ensure legal certainty and prevent conflicts of interest. The implications of this study include theoretical contributions to the development of notarial law and alternative dispute resolution, as well as practical implications for lawmakers and notarial professional organizations in formulating regulations that accommodate the role of notaries as mediators in a professional manner.
Peran Majelis Kehormatan Notaris terhadap Pejabat Notaris yang Menggunakan Hak Ingkar dalam Menjaga Kerahasiaan Isi Akta Aditya Laras Sakti Sudarsono; Achmad Faishal
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.v5i3.10881

Abstract

Although the notary’s right of refusal and the protection of deed confidentiality have received attention in various previous studies, studies that specifically discuss the role of the Notary Honorary Council in providing protection for notaries who exercise the right of refusal, as well as the limits of its use in legal examination processes, remain limited. This study aims to analyze the factors considered by the Notary Honorary Council in accepting or rejecting requests for approval to examine notaries by investigators, public prosecutors, or judges, as well as to analyze the existence and limits of the use of the notary’s right of refusal in legal examination processes. This study used a qualitative approach with a normative legal research design through a statutory approach and a conceptual approach. Primary, secondary, and tertiary legal materials were obtained through literature study and were then analyzed descriptively-prescriptively by examining relevant laws and regulations, legal doctrines, and literature. The results showed that the Notary Honorary Council has a strategic role in providing legal protection for notaries through its authority to approve or reject requests for the summoning of notaries and the retrieval of notarial protocol documents by law enforcement officials. In exercising this authority, the Notary Honorary Council considers the urgency of the examination, the relevance of the deed to the case being examined, and the need for evidence in the judicial process. The results also showed that the notary’s right of refusal remains recognized as a consequence of the obligation to maintain the confidentiality of the office and the contents of deeds, but its use is not absolute because it is limited by statutory provisions and the interests of law enforcement through established mechanisms. This finding contributes to the development of notarial law studies, particularly regarding the relationship between the protection of notarial office confidentiality and the need for law enforcement in judicial proceedings. The conclusion of this study emphasizes that the use of the right of refusal must be applied proportionally by maintaining a balance between the protection of notarial office confidentiality and the interest of seeking truth in legal proceedings. The implications of this study include theoretical contributions to the development of the concept of legal protection for the notarial profession, as well as practical implications for the Notary Honorary Council, law enforcement officials, and policymakers in creating a notarial examination mechanism that ensures legal certainty and balanced professional protection.
Kontribusi Kajian Muslimah terhadap Pencegahan Konflik Rumah Tangga: Studi Kasus di Ciampea Muhammad Anshari Salam; Fachri Fachrudin; Muhammad Hidayat
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.v5i3.10885

Abstract

Although family resilience and the prevention of household conflict have received attention in studies of Islamic family law and the social sciences, research that specifically discusses the contribution of community-based Muslimah study forums in building household communication as a preventive mechanism for conflict remains limited. This study aims to analyze the contribution of the Forum Kajian Muslimah Ciampea in building household communication based on Islamic values as an effort to prevent household conflict from the perspective of Islamic law. This study used a qualitative approach with a case study design, involving nine participants consisting of the forum chairperson, administrators, active members, and study participants selected through purposive sampling. Data were collected through semi-structured interviews, participatory observation, and documentation, and were then analyzed using thematic analysis through the stages of data reduction, data display, verification, and conclusion drawing. The results show that the Forum Kajian Muslimah Ciampea serves as a space for internalizing Islamic values that shape household communication through the strengthening of a culture of deliberation, communication openness, emotional control, and social support among participants. This role contributes to preventing household conflict before it develops into more serious disputes. These findings contribute to the development of the concepts of ishlah, maqāṣid al-sharī‘ah, and family resilience theory in the context of community-based family development, as well as broaden understanding of the role of Muslimah communities as preventive agents in Muslim family life. The conclusion of the study emphasizes that household communication based on Islamic values plays an important role in strengthening family resilience. The implications of this study include theoretical contributions to the development of empirical Islamic family law literature and family communication, as well as practical implications for religious communities and policymakers in developing preventive and participatory strategies for preventing household conflict.
Implementasi Kebijakan Perhutanan Sosial di Lembaga Pengelola Hutan Nagari (LPHN) Nagari Sungai Rimbang, Kab. Lima Puluh Kota Maulani Azizah; Sinta Westika Putri
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.v5i3.10926

Abstract

Although studies on Social Forestry have been widely conducted, research that specifically discusses policy implementation in the Nagari Forest Management Institution (LPHN) of Nagari Sungai Rimbang remains limited. This study aims to analyze the implementation of Social Forestry policy and identify the driving and inhibiting factors in its implementation at the local level. This study used a qualitative approach with a descriptive case study design. Research informants were selected through purposive sampling, including UPTD KPHL Lima Puluh Kota, the nagari government, LPHN administrators, forest managers, forest farmer groups, and the community. Data were collected through observation, in-depth interviews, and documentation, and were then analyzed using the Miles and Huberman model through the stages of data reduction, data display, and conclusion drawing. The results showed that the implementation of Social Forestry policy had been carried out administratively through the existence of LPHN, the division of roles among actors, and policy communication. However, its implementation has not been optimal because communication has not been evenly distributed, community participation remains low, resource capacity is limited, technical assistance is minimal, and there are constraints related to regional accessibility. These findings enrich the study of public policy implementation based on local institutions and emphasize the importance of strengthening communication, LPHN capacity, and community participation in sustainable nagari forest management. The implications of this study provide practical references for local governments, forest management institutions, and communities in strengthening Social Forestry governance based on local participation.
Peranan Pemerintah Nagari dalam Penyelesaian Konflik Pengembangan Objek Wisata Pemandian Lubuak Soda, Nagari Tambangan Kabupaten Tanah Datar Iffatul Ulya; Sinta Westika Putri
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.v5i3.10928

Abstract

Although nagari-based tourism development requires legal, participatory, and transparent governance, conflict resolution in the development of the Lubuak Soda bathing tourist attraction remains a challenge for the Tambangan Nagari Government. This study aims to analyze the role of the Tambangan Nagari Government in resolving conflicts related to the development of the Lubuak Soda bathing tourist attraction, identify the obstacles encountered, and describe the forms of conflict resolution pursued. This study used a qualitative approach with a descriptive case study design. The informants consisted of 11 people selected through purposive sampling, including the Nagari Head, the Nagari Customary Council, the Tourism Awareness Group, landowners, and the surrounding community. Data were collected through observation, in-depth interviews, and documentation, and were then analyzed using the Miles and Huberman model. The results showed that the Tambangan Nagari Government performed roles as a stabilizer, direct implementer, pioneer, modernizer, and innovator in resolving conflicts related to tourism development. The most dominant role was that of stabilizer, which was realized through mediation, deliberation, appeals, and coordination among stakeholders. However, conflict resolution has not been optimal due to differences in interests, low trust, ineffective communication, limited authority of the nagari government, and the absence of binding regulations. These findings emphasize the importance of nagari regulations, governance transparency, and the involvement of all stakeholders in sustainable nagari-based tourism management. The implications of this study provide practical references for nagari governments and communities in strengthening participatory, legal, and socially and economically sustainable tourism conflict resolution mechanisms.
Pergeseran Hukum Waris Islam bagi Ahli Waris Non-Muslim: Studi Indonesia dan Malaysia Andiyah Farodisa; 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.v5i3.10931

Abstract

Although Islamic inheritance law for non-Muslim heirs has received attention in various previous studies, research that specifically discusses shifts in Indonesian jurisprudence and compares them with the Malaysian legal system remains limited. This study aims to analyze the shift in Islamic inheritance law for non-Muslim heirs in Indonesia and compare it with legal regulations in Malaysia. This study used a qualitative approach with a normative legal research design through conceptual, statutory, case, and comparative legal approaches. Data were collected through a literature review of classical Islamic jurisprudence, the Compilation of Islamic Law, Supreme Court decisions, Malaysian regulations, and related literature, and were then analyzed descriptively and analytically. The results show that Indonesia has experienced a shift in legal practice through the jurisprudence of obligatory bequests without positioning non-Muslim heirs as direct heirs. In contrast to Indonesia, Malaysia places greater emphasis on the normative-institutional separation between Muslim and non-Muslim inheritance law. These findings broaden the understanding of the flexibility of Islamic inheritance law in plural societies. The conclusion of this study affirms that obligatory bequests serve as an instrument of family justice in the context of religious differences, although normative strengthening is still needed to ensure legal certainty. The implications of this study provide a theoretical contribution to the development of Islamic inheritance law studies and practical implications for the formulation of Islamic family law policies that are more responsive to the realities of plural societies.

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