cover
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,
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 531 Documents
Praktik Pemanfaatan Lahan pada Jual Beli Ubi di Tanjung Basung II, Kecamatan Batang Anai, Padang Pariaman Ditinjau dari Sudut Pandang Fiqh Muamalah Rara Wulandari; Sofia Ridha
AHKAM Vol 5 No 4 (2026): AHKAM: Jurnal Hukum Islam dan Humaniora
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i4.10442

Abstract

Although the negative impacts of digital culture on the character and behavior of santri have been widely studied, research specifically analyzing Islamic boarding schools’ strategies for managing and addressing these impacts, particularly at Pondok Pesantren Bai’aturridhwan Bukittinggi, remains relatively limited. This study aimed to analyze the strategies implemented by the Islamic boarding school to address the negative impacts of digital culture on santri, identify the supporting and inhibiting factors affecting their implementation, and explain the contribution of these strategies to the character development of santri. The study employed a qualitative approach with a case study design. Informants were selected through purposive sampling and included the head of the Islamic boarding school, teachers, dormitory supervisors, and santri directly involved in implementing the development programs. Data were collected through observation, semistructured interviews, and documentation and were subsequently analyzed using the interactive analysis model of Miles, Huberman, and Saldaña, which comprises data condensation, data display, and conclusion drawing and verification. The results showed that Pondok Pesantren Bai’aturridhwan Bukittinggi implemented preventive and educational strategies through restrictions on device use, supervision of santri activities, enforcement of regulations, moral education, teacher role modeling, habituation of worship, and the strengthening of digital literacy based on Islamic values. The success of these strategies was supported by the leadership’s commitment, cooperation among all elements of the Islamic boarding school, and a religious environment, whereas barriers to their implementation included rapid technological development, the influence of the external environment, and the diverse characteristics of the santri. These findings confirm that the integration of supervision, religious habituation, role modeling, and digital literacy based on Islamic values contributes to the character development of santri in facing digital culture. This study strengthens the application of character education theory and strategic management in the context of Islamic education and provides practical implications for Islamic boarding schools in formulating santri development policies that are adaptive to developments in digital technology.
Perlindungan Hukum atas Data Pribadi Konsumen dalam Kegiatan Ekonomi Digital di Indonesia Sheilla Rahima Agustin; Sodikin Sodikin
AHKAM Vol 5 No 3 (2026): SEPTEMBER
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10637

Abstract

Technological development and digital transactions in Indonesia have facilitated economic activities for society, but at the same time have created risks of personal data breaches that may harm consumers and threaten the privacy rights of digital platform users. This study aims to analyze the effectiveness of legal protection for consumers’ personal data in the digital transaction system in Indonesia. This study uses a normative legal method with statutory and conceptual approaches through library research. The results show that legal protection for personal data has been regulated in Law Number 27 of 2022 on Personal Data Protection and the Electronic Information and Transactions Law; however, its implementation still faces various obstacles, particularly weak supervision of electronic system providers, suboptimal law enforcement, low levels of public digital literacy, and increasing cybersecurity threats in line with the development of information technology. The conclusion of this study emphasizes that legal protection for consumers’ personal data in digital transactions has not been fully effective because there remains a gap between regulation and its practical implementation. The implications of this study indicate the need to strengthen supervision, optimize law enforcement, improve public digital literacy, and enhance digital system security so that consumer personal data protection can be implemented more effectively.
Implementasi Peraturan Daerah Kabupaten Pasaman Nomor 3 Tahun 2017 tentang Pendidikan Gratis Perspektif Siyasah Tanfiziyah (Studi Kasus di Nagari Lansek Kadok) Bunga Vajar Lestari; 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.v5i3.10639

Abstract

The free education policy is an important instrument in ensuring access to education for society; however, its implementation still faces challenges at the local level, as reflected in the continued presence of junior secondary school-age children who have dropped out of school in Nagari Lansek Kadok. This study aims to analyze the implementation of Pasaman Regency Regional Regulation Number 3 of 2017 concerning Free Education, identify the factors inhibiting its implementation, and examine the policy from the perspective of Siyasah Tanfiziyah. This study used a qualitative approach with a descriptive design. Data were collected through observation, interviews, and documentation, and were then analyzed through the stages of data reduction, data display, and conclusion drawing. The results show that the free education policy at the junior secondary school level in Nagari Lansek Kadok has been implemented, but it has not yet run optimally because some students still drop out of school. The main obstacles to the implementation of this policy include low public awareness of the importance of education, insufficient policy socialization, geographical conditions, limited educational support facilities, and the suboptimal role of the nagari government and coordination among stakeholders. From the perspective of Siyasah Tanfiziyah, the implementation of the free education policy has not fully reflected the principles of public benefit, justice, and government responsibility in fulfilling and guaranteeing the community’s right to education. The conclusion of this study emphasizes that the effectiveness of the free education policy requires strengthened socialization, an enhanced role of the nagari government, and more optimal coordination among implementing actors so that the goal of fulfilling the community’s right to education can be achieved more equitably.
Implementasi Konstitusional Berdasarkan Peraturan Bupati Nomor 12 Tahun 2020 tentang Sadari Stunting Menurut Fiqh Siyasah Tanfidziyah (Studi Kasus di Nagari Simpang Kapuak Kecamatan Mungka Kabupaten Lima Puluh Kota) Sri Indah Pertiwi; Nofiardi Nofiardi
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.v5i3.10640

Abstract

The implementation of stunting prevention policies at the nagari level still faces various challenges, particularly regarding community participation, information dissemination, and the optimization of supplementary feeding implementation. This study aims to analyze the implementation of Regent Regulation Number 12 of 2020 concerning SADARI Stunting in Nagari Simpang Kapuak, Mungka Subdistrict, Lima Puluh Kota Regency; identify the supporting and inhibiting factors in its implementation; and examine the roles of nagari officials, stunting cadres, and the community health center from the perspective of Fiqh Siyasah Tanfidziyah. This study used field research with a qualitative approach. Data were collected through interviews, observation, and documentation involving informants consisting of the nagari head, stunting cadres, community health center personnel, and community members. The results show that the SADARI Stunting program has been implemented through routine integrated health post activities, including monitoring the growth of children under five, nutrition counseling, immunization, and supplementary feeding. Supporting factors in program implementation include cooperation among implementers and community support, while inhibiting factors include limited numbers of cadres, the community’s economic conditions, and low community participation. From the perspective of Fiqh Siyasah Tanfidziyah, the SADARI Stunting program reflects the implementation of a structured policy aimed at realizing public welfare, although strengthened socialization, increased community participation, and technical improvements in field-level program implementation are still needed. The conclusion of this study emphasizes that the successful implementation of stunting prevention policies requires more optimal coordination among implementers and sustained community involvement.
Penerapan Perda Bukittinggi Nomor 2 Tahun 2024 tentang Ketertiban Umum terhadap LGBT Studi Kasus Kota Bukittinggi Ditinjau dari Fiqih Siyasah Tanfidziyah Faulah Ramashur; Ali Rahman
AHKAM Vol 5 No 3 (2026): SEPTEMBER
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10641

Abstract

Increasing public attention to the LGBT phenomenon in Bukittinggi City, which is perceived as inconsistent with religious values, Minangkabau customs, and social norms, provides an important basis for strengthening public order policy through Bukittinggi City Regional Regulation Number 2 of 2024. This study aims to analyze the implementation of this regional regulation regarding LGBT activities and to examine it from the perspective of Fiqih Siyasah Tanfidziyah. This study used a qualitative method with an empirical juridical approach. Data were collected through observation, interviews with Satpol PP, LKAAM, MUI, Bundo Kanduang, and the community, as well as documentation. The results show that the implementation of the regional regulation is carried out through supervision, enforcement, socialization, and guidance using persuasive, educational, and religious approaches. The implementation of this policy is supported by synergy among the local government, customary institutions, religious leaders, and the community, but it still faces obstacles in the form of leaked information about raids, suboptimal effectiveness of sanctions, the influence of social media, and low public awareness. From the perspective of Fiqih Siyasah Tanfidziyah, the implementation of the regional regulation reflects the government’s function in realizing public welfare and maintaining public order in accordance with the principles of Islamic law. The conclusion of this study emphasizes that the effectiveness of the implementation of Bukittinggi City Regional Regulation Number 2 of 2024 requires strengthened inter-institutional coordination, increased socialization, and continuous guidance so that social order and public welfare can be realized more optimally.
Implementasi Kebijakan Pelabelan Keluarga Penerima Manfaat (KPM) Program Keluarga Harapan (PKH) Ditinjau dari Perspektif Fiqh Siyasah Tanfiziyah (Studi Kasus Nagari Bahagia Padang Gelugur Pasaman Timur) Ade Yulia Rahmi; Raymond Dantes
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.v5i3.10747

Abstract

Poverty remains a social problem that requires targeted, transparent, and equitable mitigation policies. This study aims to analyze the implementation of the house-labeling policy for Beneficiary Families of the Family Hope Program (KPM PKH) in Nagari Bahagia, Padang Gelugur, East Pasaman, and to examine it from the perspective of fiqh siyasah tanfiziyah. This study used field research with a qualitative approach. Data were collected through observation, interviews, and documentation with the nagari government, PKH facilitators, community leaders, and beneficiary families. The results showed that the KPM PKH labeling policy was implemented to improve the targeting accuracy of social assistance, strengthen the transparency of beneficiary data, and encourage independent graduation among communities that had become economically capable. However, this policy also caused social impacts in the form of shame, negative stigma, and discomfort among some assistance recipients. From the perspective of fiqh siyasah tanfiziyah, the KPM PKH labeling policy can be justified because it aims to realize public welfare (maslahah ‘ammah) and ensure that social assistance is received by communities that truly need it. The conclusion of this study affirms that the social assistance labeling policy needs to be implemented by considering the principles of public welfare, justice, protection of the dignity of assistance recipients, and prevention of social and psychological harm.
Analisis SEMA (Surat Edaran Mahkamah Agung) Nomor 3 Tahun 2023 Angka 3 tentang Hak Waris Anak yang Terlahir dari Pernikahan Siri Berdasarkan Wasiat Wajibah Perspektif Fikih Mawaris Nur Safrina; Endri Yenti
AHKAM Vol 5 No 4 (2026): AHKAM: Jurnal Hukum Islam dan Humaniora
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i4.10848

Abstract

The widespread practice of unregistered marriage (pernikahan siri) in society raises legal issues, particularly regarding the status and inheritance rights of children born from such marriages. Although an unregistered marriage is considered valid under Islamic law when it fulfills the pillars and requirements of marriage, it does not receive administrative recognition under state law because it is not officially registered, thereby creating uncertainty regarding the fulfillment of children’s inheritance rights. This study aims to analyze the status of the inheritance rights of children born from unregistered marriages according to Islamic inheritance jurisprudence (fiqh al-mawarith) and examine the application of wasiat wajibah as a positive-law solution, as stipulated in Supreme Court Circular Letter Number 3 of 2023. The study employed a normative legal method with a qualitative approach through a literature review of Islamic jurisprudential literature, scholarly opinions, the Compilation of Islamic Law, and relevant laws and regulations. The findings indicate that children born from unregistered marriages retain inheritance rights under Islamic law because their lineage is considered legitimate when their parents’ marriage has fulfilled the pillars and requirements of marriage. However, within the context of positive law, these children do not directly acquire inheritance rights; therefore, the fulfillment of their rights is pursued through wasiat wajibah. The application of wasiat wajibah is regarded as an effort to realize public benefit and social justice, although conceptually it is not entirely consistent with the principles of inheritance distribution in Islamic inheritance jurisprudence. This study concludes that Supreme Court Circular Letter Number 3 of 2023 provides an alternative form of legal protection for children born from unregistered marriages through wasiat wajibah, while also demonstrating differences in legal construction between Islamic law and positive law in determining children’s inheritance rights. These findings contribute to the development of Islamic family law studies and may serve as a conceptual foundation for formulating more equitable protection of children’s civil rights.
Analisis Komparatif Penyebaran Konten Korban Kecelakaan Tanpa Sensor Menurut Hukum Pidana Islam dan UU ITE Sarifah A.I.T Sigalingging; Nofiardi Nofiardi
AHKAM Vol 5 No 3 (2026): SEPTEMBER
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.11057

Abstract

The widespread dissemination of uncensored videos or photographs of accident victims through social media raises legal, ethical, and humanitarian issues because it has the potential to violate privacy, cause psychological trauma to victims’ families, and degrade the dignity of victims. This study aims to examine the regulation of the criminal offense of disseminating uncensored videos or photographs of accident victims according to Jarimah Ta’zir and Law Number 1 of 2024 concerning Electronic Information and Transactions, as well as to compare the regulations and sanctions in the two legal systems. This study used library research with a normative juridical approach through the examination of relevant written legal materials. The primary data sources included Law Number 1 of 2024 concerning Electronic Information and Transactions, particularly Article 27 paragraph (1), as well as Islamic legal literature on Jarimah Ta’zir. The secondary data sources included legal books, scientific journals, undergraduate theses, and other scholarly works. The results showed that the dissemination of uncensored videos or photographs of accident victims is an act that violates norms of decency and harms human dignity. In Islamic criminal law, this act constitutes a reprehensible act that can be categorized as Jarimah Ta’zir, whereas in Indonesian positive law it can be examined through the provisions of the Electronic Information and Transactions Law concerning content that violates decency. This study affirms similarities in the orientation toward protecting human dignity, as well as differences in the legal basis, forms of liability, and nature of sanctions between Islamic criminal law and Indonesian positive law. The implications of this study strengthen the importance of law enforcement and digital ethics literacy in preventing the dissemination of uncensored content involving accident victims in the digital space.
Perlindungan Hukum bagi Jabatan Notaris dalam Pendaftaran Surat di Bawah Tangan (Waarmerking) yang Tanda Tangan Pihaknya Dipalsukan Flora Jenita Alistya; 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.v5i3.11058

Abstract

Although the authority of notaries in the registration of privately made documents (waarmerking) has been regulated in Article 15 paragraph (2) of Law Number 2 of 2014 concerning the Position of Notary (UUJN), studies on the legal implications for the notarial office when a forged signature is found in the registered document remain limited. This study aims to analyze the authority of notaries in the implementation of waarmerking and to examine the legal implications and limits of notarial liability when signature forgery occurs in a privately made document. This study used a normative legal method with statutory and conceptual approaches. The primary legal materials included the Indonesian Civil Code and the UUJN, while the secondary legal materials included relevant legal literature, journals, and scholarly works. The data were analyzed qualitatively. The results showed that the authority of notaries in waarmerking is limited to administrative registration, namely providing certainty of date (date certain) without verifying the authenticity of the signature or the truth of the document’s contents. Therefore, legal responsibility for signature forgery principally rests with the perpetrator of the forgery, whereas a notary cannot be held liable as long as the notary has acted within their authority without any element of intent, negligence, or involvement. These findings contribute to the development of notarial law, particularly regarding the limits of liability and legal protection for notaries. The conclusion of this study emphasizes the importance of preventive and repressive legal protection for notaries in the implementation of waarmerking. The implications of this study include theoretical contributions to the development of literature on notarial liability as well as practical implications for notaries, legislators, and the public in clearly understanding the limits of notarial responsibility in the registration of privately made documents.
Tradisi Maimbau Pasinggah Setelah Tunangan di Nagari Batu Palano, Kecamatan Sungai Pua, Kabupaten Agam (Perspektif ‘Urf) Halimah Tusakdiyah; Muhammad 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.v5i3.11076

Abstract

The Maimbau Pasinggah tradition, as part of the customs of Minangkabau society, has received attention in studies of customary law and Islamic law, but research that specifically analyzes its implementation after khitbah from the perspective of ‘urf in Nagari Batu Palano remains limited. This study aims to describe the implementation of the Maimbau Pasinggah tradition after khitbah and to analyze its position from the perspective of ‘urf in the community of Nagari Batu Palano, Sungai Pua Subdistrict, Agam Regency. This study used a qualitative approach with a case study design. The research participants consisted of traditional leaders, the Chair of the Kerapatan Adat Nagari (KAN), religious leaders, Bundo Kanduang, and community members selected using purposive sampling. Data were collected through in-depth interviews, observation, and documentation, and were then analyzed using an interactive analysis model that includes data reduction, data display, and conclusion drawing. The results showed that the Maimbau Pasinggah tradition is still practiced as a hereditary custom aimed at strengthening kinship relations, introducing the prospective bride and groom to the extended family, and preparing them for married life. From the perspective of ‘urf, this tradition contains values of public benefit in social and cultural aspects, but the practice of the prospective bride and groom staying overnight before the marriage contract requires adjustment to align with the provisions of Islamic law. These findings contribute to the development of studies on ‘urf in Islamic family law and broaden understanding of the relationship between Minangkabau customs and sharia principles. The conclusion of this study affirms that the preservation of local traditions needs to be carried out selectively by considering the values of public benefit, customary norms, and the limits of Islamic law.