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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 Pelaksanaan Digitalisasi Arsip Penataan Nagari/Desa sebagai Upaya Peningkatan Efektivitas Administrasi Pemerintahan Provinsi Sumatera Barat Abdul Hamid Gusri; Rizki Syafril
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.v5i3.10934

Abstract

Although the digitalization of government archives has become an important need in supporting the effectiveness of public administration, the management of nagari/village structuring documents that have administrative and legal value still requires a more organized and easily accessible digital archive system. This study aims to analyze the implementation of digital archive digitalization for nagari/village structuring as an effort to improve the effectiveness of government administration at the Bureau of Government and Regional Autonomy of West Sumatra Province. This study used a descriptive qualitative approach with a case study design. The research data sources included archive management activities, administrative documents, and officials directly involved in the archive digitalization process. Data were collected through direct observation, documentation, and involvement in administrative activities from January to March 2026, and were then analyzed through the stages of data reduction, data display, and conclusion drawing. The results showed that archive digitalization was carried out through the stages of document collection, archive classification, scanning, data input, digital storage, and the creation of document access links. Archive digitalization facilitated document retrieval, accelerated the process of territorial administrative verification, improved employee work efficiency, and reduced the risk of losing physical archives. These findings contribute to the development of studies on archive management and public administration based on the Electronic-Based Government System (SPBE). The implications of this study emphasize the importance of improving employee competence, standardizing digital archive management, and providing adequate information technology facilities to support the effectiveness of government administration on an ongoing basis.
Pertanggungjawaban Notaris dalam Pembuatan Akta Berbasis Digital Septi Puspita Anggraini; Nurunnisa Nurrunisa
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.v5i3.10956

Abstract

Although the development of digital technology has encouraged the transformation of notarial services in Indonesia, studies that specifically discuss the legal liability of notaries in the preparation of digital-based authentic deeds remain limited. This study aims to analyze notaries’ liability in the preparation of digital-based deeds under the Law on Notary Position and to examine the evidentiary strength of digital-based notarial deeds in the evidentiary system in Indonesia. This study used a normative legal research method with statutory and conceptual approaches. The legal materials analyzed consisted of primary, secondary, and tertiary legal materials collected through library research. The results show that notaries cannot yet be held liable for preparing authentic deeds through electronic systems because there is no statutory regulation that explicitly governs the preparation of authentic deeds electronically. The form of notarial liability may be civil in nature if the deed is considered invalid or is degraded into a private deed, thereby causing losses to the parties and giving rise to an obligation to provide compensation. From the aspect of evidentiary strength, digital-based notarial deeds do not yet have clear legal certainty and are at risk of being degraded into private deeds due to a conflict of norms between the Law on Notary Position, which requires physical presence, and the Electronic Information and Transactions Law, which recognizes electronic documents as valid evidence. The conclusion of this study emphasizes the importance of regulatory harmonization between the Law on Notary Position and the Electronic Information and Transactions Law to strengthen the legal status of electronic notarial deeds. These findings contribute to the development of the theory of legal certainty in digital notarial services and have practical implications for the government in formulating specific regulations on Cyber Notary and for notaries in applying the principles of prudence and accuracy in digital services.
Kewenangan Notaris dalam Membuat Keterangan Waris yang Berkaitan dengan Aset Digital menurut Hukum Waris di Indonesia Novya Agitha; Yulia Qamariyanti
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.v5i3.10957

Abstract

Although the legal status of digital assets has received attention in various previous studies, research that specifically discusses the authority and responsibility of notaries in preparing inheritance certificates related to digital assets within the framework of Western inheritance law in Indonesia remains limited. This study aims to analyze the legal position of digital assets, particularly cryptocurrency and Non-Fungible Tokens (NFTs), as objects of inheritance under inheritance law in Indonesia, and to examine the authority and limits of notarial responsibility in preparing inheritance certificates related to digital assets. This study used a normative legal research method with statutory, conceptual, and analytical approaches. Primary, secondary, and tertiary legal materials were collected through library research and analyzed qualitatively, supported by interviews with notarial practitioners. The results show that digital assets with economic value can be classified as intangible movable objects based on Articles 499, 503, and 504 of the Indonesian Civil Code, and therefore may form part of an estate. However, notarial authority is limited to formal aspects, namely the verification of identity, documents, and statements of the appearers, and does not include guaranteeing access to or the transfer of digital assets, which depend on private keys and digital platform policies. Notarial responsibility is limited to formal truth, not material truth regarding the existence, ownership, or accessibility of digital assets. The conclusion of this study emphasizes the importance of comprehensive regulations and standard operating procedures for notaries in handling the inheritance of digital assets. These findings contribute to the development of notarial law in addressing technological challenges and broaden the understanding of the adaptation of inheritance law to digital assets. The implications of this study include theoretical contributions to the literature on notarial law and inheritance law, as well as practical recommendations for the Indonesian Notary Association and policymakers to formulate clear guidelines on the inheritance of digital assets.
Tanggung Jawab Notaris atas Kelalaian Memeriksa Status Hukum dalam Pembuatan Akta Pengalihan Hak Paten yang Telah Gugur Siti Rahmah; 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.v5i3.10959

Abstract

Although notarial responsibility has received attention in various legal studies, research that specifically discusses notarial negligence in verifying the legal status of expired intellectual property rights, particularly patent rights, remains limited. This study aims to analyze whether a notary can be deemed negligent if they fail to examine the legal status of a lapsed patent right before preparing a deed of transfer and to examine the legal consequences arising from such negligence. This study used a normative legal research method with statutory, conceptual, and analytical approaches. The legal materials used consisted of primary legal materials in the form of Law Number 2 of 2014 concerning Notary Position, Law Number 13 of 2016 concerning Patents, the Indonesian Civil Code, as well as relevant legal regulations and doctrines. The data were analyzed prescriptively using the theory of fault, the theory of legal protection, the theory of negligence, the theory of prudence, and the theory of legal events. The results show that a notary can be deemed negligent if they do not verify the legal status of the patent right that becomes the object of transfer because a notary is required to act honestly, carefully, independently, and with full prudence in carrying out their office. Examining the legal status of a patent right is part of the application of the principle of prudence to ensure that the right being transferred remains valid and can become the object of a legal act. Negligence in such verification has implications for the notary’s legal liability and has the potential to weaken legal certainty in patent right transfer transactions. The conclusion of this study emphasizes the importance of verifying legal status before preparing a deed of transfer of patent rights. These findings provide a theoretical contribution to the development of the literature on notarial law and intellectual property law, as well as practical implications for notaries, legal practitioners, and policymakers in strengthening legal certainty in intangible asset transactions.
Perjanjian Hipotek Kapal (Studi Komparatif antara Indonesia dan Amerika Serikat) Syarifah Zahra Al Haddar; Djoni Sumardi Gozali
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.v5i3.10978

Abstract

Although the regulation of ship mortgages has received attention in various maritime law studies in Indonesia, research that specifically compares Indonesia’s ship mortgage system with the United States preferred ship mortgage regime to evaluate its implications for legal certainty for creditors remains limited. This study aims to analyze the similarities and differences in the regulation of ship mortgages in Indonesia and the United States and to evaluate the implications of differences in registration mechanisms, claim priority, and enforcement for legal certainty in maritime financing. This study used a qualitative approach with a normative legal research type and a comparative design. Data were obtained through library research on primary, secondary, and tertiary legal materials, including the Indonesian Civil Code, the Indonesian Commercial Code, Law Number 17 of 2008 concerning Shipping, the Ship Mortgage Act, the Commercial Instruments and Maritime Liens Act (CIMLA), as well as relevant maritime law doctrines and literature. The data were analyzed qualitatively through statutory, conceptual, and comparative legal approaches. The results show that Indonesia and the United States both recognize ships as objects of proprietary security rights and require mortgage registration, but differ fundamentally in their registration systems, regulation of claim priority, and enforcement mechanisms. The United States system provides stronger legal certainty through an integrated federal registration system, clearer regulation of claim priority, and an effective in rem action mechanism, whereas the Indonesian system still faces regulatory fragmentation and administrative obstacles. The conclusion of this study emphasizes the importance of reformulating ship mortgage regulation in Indonesia through regulatory harmonization, strengthening the national registration system, and improving enforcement mechanisms. These findings contribute to the development of studies on proprietary security law and maritime law and provide practical recommendations for policymakers in strengthening legal certainty in national maritime financing.
Gambaran Employee Well-Being pada Karyawan dengan Sistem Kerja Hybrid di Yogyakarta Margareta Putri Nugraheni; Metty Verasari
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.v5i3.10993

Abstract

Although hybrid work systems are increasingly being implemented in various organizations, studies that specifically describe the employee well-being (EWB) of employees working under a hybrid work system based on the dimensions of life well-being, workplace well-being, and psychological well-being still need to be strengthened. This study aims to describe EWB among employees with a hybrid work system in Yogyakarta and to analyze differences based on respondent characteristics. This study used a descriptive quantitative approach involving 422 respondents selected through purposive sampling. The research instrument used the Employee Well-Being Scale (EWBS) developed by Zheng, Zhu, Zhao, and Zhang (2015), which consists of 18 items. Data were analyzed using descriptive statistics and non-parametric difference tests, namely the Mann-Whitney U test, Kruskal-Wallis test, and Dunn’s post-hoc test. The results showed that, in general, the EWB of hybrid employees in Yogyakarta was classified as very high, with a mean score of 106.7, and 91.5% of respondents were in the high category. The psychological well-being dimension had the highest mean score of 35.82, followed by workplace well-being at 35.76, while life well-being obtained the lowest mean score of 35.13. Based on respondent characteristics, female employees had higher EWB than male employees, the 31–36-year age group had the highest EWB, employees of state-owned enterprises had the highest EWB compared with other types of employment, and employees with 1–3 years of service had the highest EWB. There were significant differences in EWB based on gender (p = 0.023), age (p = 0.001), type of employment (p < 0.001), and length of service (p < 0.001). The conclusion of this study affirms that the hybrid work system generally supports employee well-being. The implications of this study indicate the importance of organizational attention to vulnerable groups, particularly new employees with less than 6 months of service, young employees aged 19–24 years, and non-state-owned enterprise workers, so that the implementation of hybrid work systems can support employee well-being more equitably.
Pembuktian Paternitas Berbasis DNA dan Hak Waris Anak Luar Nikah: Studi Komparatif Indonesia dan Turki dalam Perspektif Maqasid Shariah Thahir Ibn ‘Asyur Safrida Ramadhania; 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.v5i3.11000

Abstract

The development of DNA testing technology has increased the ability to prove the biological relationship between a child and their biological father; however, this scientific certainty has not been fully followed by legal certainty in the field of inheritance. This study aims to analyze the relationship between DNA-based proof of paternity and the inheritance rights of children born out of wedlock in Indonesian Islamic law, compare it with the Turkish legal system, and formulate a model for protecting economic rights in accordance with the perspective of maqāṣid al-sharī‘ah of Thahir Ibn ‘Āsyūr. This study used a normative legal research method with statutory, conceptual, comparative, and maqāṣid al-sharī‘ah approaches. Primary legal materials in the form of laws and regulations, court decisions, fatwas, and Turkish legal provisions were analyzed descriptively-analytically and prescriptively. The results show that Constitutional Court Decision Number 46/PUU-VIII/2010 has opened civil relations between children born out of wedlock and their biological fathers that can be proven through science and technology, including DNA testing. However, the Compilation of Islamic Law and MUI Fatwa Number 11 of 2012 continue to limit lineage relations and inheritance rights to the mother and her family. Conversely, Turkish law shows a clearer connection between proof of paternity, determination of the child’s legal status, and inheritance rights. The conclusion of this study affirms that the protection of the economic rights of children born out of wedlock in Indonesian Islamic law can be reconstructed through an obligatory bequest that is imperative after the biological relationship has been proven through DNA and determined by a court. These findings contribute to the development of Islamic family law and inheritance law by offering a child protection model oriented toward public benefit without disregarding the principle of lineage.
Badan Pertanahan Nasional sebagai Mediator dalam Penyelesaian Sengketa Tanah Pasca Permen ATR/BPN RI No. 21 Tahun 2020 Muhammad Khaikal Fajri; Erlina Erlina
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.v5i3.11014

Abstract

Although land disputes in Indonesia have been widely studied, discussions that specifically examine structural conflicts of interest in the dual role of the National Land Agency (BPN) as both certificate issuer and mediator remain limited. This study aims to analyze the authority and position of BPN as a mediator over its own legal products and to examine the legal certainty and executorial force of mediation outcomes based on Regulation of the Minister of ATR/BPN Number 21 of 2020. This study used a normative legal research method with statutory, conceptual, and analytical approaches. The legal materials used included primary legal materials in the form of laws and regulations and court decisions at four judicial levels, secondary legal materials in the form of legal doctrines and previous studies, and tertiary legal materials as supporting sources. Data were collected through library research and analyzed using normative juridical analysis techniques. The results showed that BPN’s mediation authority is facilitative-administrative in nature and contains three forms of structural conflict of interest, namely reputational, informational, and judicial conflicts, which are inherently contrary to the principle of nemo iudex in causa sua. In addition, the Deed of Settlement resulting from BPN mediation has the status only of a private deed without executorial title and has been proven weak at four judicial levels. These findings contribute to the development of administrative law theory and land law, particularly regarding the institutional design of mediation functions and understanding of structural bias in administrative dispute resolution mechanisms. The conclusion of this study affirms the importance of institutional separation of the mediator function and the granting of executorial title through statutory revision. The implications of this study include theoretical contributions to the development of literature on administrative law and land dispute resolution, as well as practical implications for the government and legislative institutions in reforming land mediation regulations to ensure substantive legal certainty and structural impartiality.
Penggunaan Tanda Tangan Digital dalam Pembuatan Akta Notaris Menurut Perspektif Hukum Progresif Anita Amalia; 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.v5i3.11015

Abstract

Although digital transformation in notarial practice has received attention in various previous studies, research that specifically discusses the weaknesses of conventional signatures and the feasibility of digital signatures as their replacement from the perspective of progressive law remains limited. This study aims to analyze the weaknesses of conventional signatures in the preparation of notarial deeds and to assess the feasibility of digital signatures as an alternative replacement based on the perspective of progressive law. This study used a normative juridical method with statutory and conceptual approaches. Data were collected through library research on primary, secondary, and tertiary legal materials, and then analyzed using descriptive qualitative techniques. The results showed that conventional signatures have fundamental weaknesses. Philosophically, conventional signatures are contrary to substantive justice because they may discriminate against people in remote areas and persons with disabilities. Juridically, conventional signatures are vulnerable to forgery and denial, lack a non-repudiation mechanism, and may lead to the degradation of the legal force of authentic deeds. Sociologically, conventional signatures create structural exclusion and inefficiency in notarial services. Practices in the United States, Germany, France, Belgium, Estonia, and Singapore show that digital signatures have been implemented in notarial systems using varied approaches. These findings contribute to the development of notarial law theory and expand understanding of legal reform in the digital era. The conclusion of this study affirms that regulatory harmonization between the Notary Office Law and the Electronic Information and Transactions Law is an important prerequisite for the implementation of digital signatures in notarial deeds. The implications of this study include theoretical contributions to the development of notarial law literature and practical implications for the government in explicitly revising the Notary Office Law and strengthening the digital infrastructure of notarial practice.
Implikasi Yuridis terhadap Hak Keperdataan Anak yang Dilahirkan melalui Surrogate Mother (Ibu Pengganti) Syifa Urradhiah; Rahmida Erliyani
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.v5i3.11016

Abstract

Although the practice of surrogate mother has received attention in various previous studies, research that specifically discusses the juridical implications for children’s civil rights and the limits of notarial authority in preparing deeds related to this practice remains limited. This study aims to analyze the construction of the legal relationship between children born through surrogate mother and the surrogate mother under the Indonesian legal system and to analyze the limits of notarial authority in preparing deeds related to the civil rights of children born through surrogate mother. This study used a qualitative approach with a doctrinal research design through primary and secondary legal materials collected through library research. Data were analyzed normatively and qualitatively using legal interpretation methods and analogical argumentation (argumentum per analogiam). The results showed that children born through surrogate mother have a legal relationship with the surrogate mother who gives birth to them based on an analogical construction of Article 43 paragraph (1) of the Marriage Law, reinforced by the principle of mater semper certa est and the theory of legal relationships. A surrogate mother agreement is declared null and void by law because it does not meet the objective requirements of Article 1320 of the Indonesian Civil Code, so all civil rights of the child are attached to the surrogate mother. The limits of notarial authority are determined by the existence or absence of a legal relationship recognized under Indonesian positive law. The conclusion of this study affirms the importance of legal certainty for children born through surrogate mother and the need for specific regulation of this practice. The implications of this study include theoretical contributions to the development of civil law and notarial law literature, as well as practical implications for notaries in applying the principle of prudence and refusing to prepare deeds intended to unlawfully transfer a child’s civil relationship.

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