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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 531 Documents
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Persepsi Penghulu tentang Syarat Adil Saksi dan Implementasinya dalam Akad Nikah di KUA Kota Bukittinggi Waridatul Hasanah; Adlan Sanur Tarihoran
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.v5i4.11483

Abstract

The status of witnesses in a marriage contract plays an important role in Islamic law, but the application of the requirement of moral probity for witnesses in service practices at the Offices of Religious Affairs (KUA) continues to face challenges, particularly in determining its indicators and assessment mechanisms. This study aims to analyze the perceptions of Islamic marriage registrars (penghulu) regarding the requirement of moral probity for witnesses and its implementation in the solemnization of marriage contracts at KUA offices throughout Bukittinggi City. The study employed a qualitative approach with a field research design. Data were collected through observation, interviews with Islamic marriage registrars, documentation, and a literature review and were subsequently analyzed through the stages of data collection, cleaning, organization, presentation, interpretation, and verification. The findings indicate that Islamic marriage registrars no longer interpret the concept of moral probity normatively and strictly as formulated in classical Islamic jurisprudence but assess it based on outward conditions, social reputation, and the principle of husnuzan. The implementation of the requirement of moral probity for witnesses tends to be administrative and social in nature, without an in-depth verification of the witnesses’ morality. The assessment focuses more on fulfilling formal requirements, including being Muslim, having reached puberty, being of sound mind, possessing clear identification, and being able to participate in the marriage contract process. These findings indicate a transformation in the interpretation of witness probity from a normative-theological concept toward a practical, administrative, and contextual approach. This study emphasizes the need for more detailed guidelines or standard operating procedures to standardize assessments of witness eligibility without disregarding service accessibility and the objectives of Islamic law.
Problematika Independensi Bawaslu dalam Sistem Pengawasan Pemilihan Umum di Indonesia Rena Zulfaidah; M Yahya Wahyudin; Uu Nurul Huda
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.v5i4.11504

Abstract

Although the independence of election supervisory bodies has been widely examined, research specifically addressing the structural, administrative, and ethical dimensions that weaken the independence of the Election Supervisory Body (Bawaslu) within Indonesia’s electoral supervision system remains limited. This study aimed to analyze the problems affecting Bawaslu’s independence within Indonesia’s electoral supervision system and to formulate a legal reconstruction to strengthen its institutional autonomy. This study employed a normative juridical method using statutory and conceptual approaches. Primary legal materials, secondary literature, and data from decisions of the Election Organization Ethics Council (DKPP) were analyzed qualitatively using descriptive-prescriptive techniques. The results showed that Bawaslu’s independence was constrained by its budgetary dependence on the government, the civil servant status of its secretariat personnel, the politically influenced commissioner recruitment process, limited authority within the Sentra Penegakan Hukum Terpadu framework, and the dualism in resolving electoral process disputes. Data on DKPP sanctions in 2024 also indicated that problems concerning independence stemmed not only from weaknesses in institutional design but also from the weak ethics and personal integrity of election administrators. These findings contribute to the development of the theory of state auxiliary institutions and broaden the understanding of the interrelationship among structural, administrative, and ethical dimensions in the independence of electoral supervision. This study concluded that strengthening Bawaslu’s independence requires comprehensive legal reconstruction through the granting of autonomous investigative authority and the separation of the secretariat’s personnel system from the executive bureaucracy. The implications of this study include a theoretical contribution to the development of electoral law literature and practical recommendations for policymakers in reforming Bawaslu’s institutional structure and ethical oversight mechanisms. Future research should examine more deeply the moral and integrity dimensions of election supervisory officials at various regional levels in Indonesia.
Kemandirian Notaris dalam Perjanjian Kerja Sama Rekanan Bank Analisis Pelaksanaannya terhadap Undang - Undang Jabatan Notaris Muhammad Raffa Fauzie Ramadhan
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.v5i4.11513

Abstract

Notaries hold a strategic position in ensuring legal certainty and protection through their authority to draw up authentic deeds. However, modern notarial practice faces the problem of unequal power relations between notarial offices and banking corporations through partner cooperation agreements, which may create financial dependence, diminish notarial independence and neutrality, and encourage the neglect of formal verification procedures due to pressure to complete documents. This study aimed to analyze the juridical limitations of cooperation agreements between notaries and banking institutions and to evaluate the forms of legal protection required to maintain the independence of the notarial office. The study employed a normative juridical method by examining legal provisions and professional ethical principles governing such cooperative relationships. The results showed that partnerships between notaries and banking institutions must be based on the principle of freedom of contract, the implementation of which is limited by statutory regulations and professional codes of ethics. Notaries are required to maintain an independent, honest, diligent, and impartial attitude and are entitled to reject clauses or specific requests that conflict with substantive and formal legal provisions. This study concluded that a balance between achieving banking business targets and protecting the public can only be realized through consistent preventive supervision by professional organizations and authorized institutions. These findings contribute to strengthening the legal protection of the independence of the notarial office and emphasize the importance of institutional supervision in maintaining professional integrity and public trust in the national notarial institution.
Pelaksanaan Tradisi Batimbang Tando dalam Walimah Perkawinan di Nagari Salareh Aia Perspektif Fikih Munakahat Nisa Wati; 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.v5i4.11532

Abstract

Minangkabau customary marriage traditions have been widely studied, but research specifically examining the implications of the classification of tando gadang and tando kaciak for the organization of wedding feasts from the perspective of fiqh al-munakahat remains limited. This study aimed to analyze the implementation of the batimbang tando tradition in Nagari Salareh Aia and examine its status and implications for the organization of wedding feasts from the perspective of fiqh al-munakahat. The study employed a qualitative approach with a case study design through field research. Informants were selected using purposive sampling and included niniak mamak, alim ulama, community leaders, bundo kanduang, and community members involved in the implementation of the batimbang tando tradition. Data were collected through observation, in-depth interviews, and documentation and were subsequently analyzed using the interactive analysis model of Miles, Huberman, and Saldaña through the stages of data condensation, data display, and conclusion drawing and verification. The results showed that batimbang tando functions as a customary mechanism that regulates marriage agreements, strengthens interfamily relationships, and maintains social order within the community. The distinction between tando gadang and tando kaciak has implications for the form of wedding feast arrangements but does not indicate differences in family social status. From the perspective of fiqh al-munakahat, this tradition can be categorized as ‘urf sahih because it does not conflict with Sharia principles and contains values of public benefit. These findings strengthen scholarship on the relationship between custom and Islamic law and affirm that local traditions can be maintained as long as they are consistent with religious values. In practical terms, the results can serve as a reference for the community in preserving the batimbang tando tradition without disregarding the principles of fiqh al-munakahat. Future research should examine variations in batimbang tando practices in other Minangkabau regions using a comparative approach.
Larangan Pernikahan di Bulan Caghai dalam Perspektif Fikih Munakahat (Studi Kasus di Jorong Padang Tongga Nagari Manggopoh Kecamatan Lubuk Basung Kabupaten Agam) Dila Dia Sari Chan; Ali Rahman
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.v5i4.11535

Abstract

The prohibition of marriage during the month of Caghai is a customary tradition that continues to be maintained by the community of Padang Tongga Hamlet, Manggopoh Village, Lubuk Basung Subdistrict, Agam Regency. Although prohibitions against marriage during certain months have been examined in various studies, research specifically analyzing the prohibition of marriage during the month of Caghai from the perspective of fiqh al-munakahat remains limited. This study aimed to analyze the community’s understanding of the prohibition of marriage during the month of Caghai and examine its status from the perspective of fiqh al-munakahat. The study employed a qualitative approach with a case study design. The research informants consisted of alim ulama, niniak mamak, datuak, bundo kanduang, village officials, and community members selected through purposive sampling. Data were collected through semi-structured interviews, observation, and documentation and were subsequently analyzed using an interactive analysis model comprising data reduction, data display, and conclusion drawing. The results showed that most community members viewed the month of Caghai as a month of separation that was considered inauspicious for marriage because this belief had been passed down through generations. However, from the perspective of fiqh al-munakahat, this prohibition has no legal basis in the Qur’an or hadith and therefore does not affect the validity of a marriage as long as its essential elements and requirements are fulfilled. These findings extend the study of Islamic Family Law concerning the relationship between custom (‘urf) and fiqh al-munakahat in the marriage practices of Minangkabau communities. In practical terms, the results can serve as a reference for customary leaders, religious leaders, village authorities, and community members in harmonizing the preservation of custom with the implementation of Islamic law.
Implementasi Musik Ilustrasi Film Animasi Hybrid "Tingkuluak: Pusaka Perempuan Minang dalam Sehelai Kain" Menggunakan Teknik Leitmotif Vigho Antonio; Fris Okta Falma
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.v5i4.11589

Abstract

Although film music has been used to bind narratives in culturally themed animated films, the application of the leitmotif technique in hybrid animation featuring Tingkuluak remains limited. This study aimed to describe and analyze the implementation of the leitmotif technique in the film score of the animated film Tingkuluak: Pusaka Perempuan Minang dalam Sehelai Kain. The study employed a qualitative descriptive approach with a practice-based research design encompassing the preproduction, production, and postproduction stages. Data were collected through questionnaires administered to young people, an interview with a cultural informant, a literature review, documentation of the creative process, alpha testing, and beta testing with an animation expert. The data were analyzed descriptively by categorizing musical requirements, interpreting audiovisual compatibility, and conducting technical evaluations. The results showed that leitmotifs developed through variations in melody, harmony, tempo, dynamics, instrumentation, and sound layering were able to establish a musical identity, reinforce the atmosphere, and maintain narrative continuity. The use of MIDI, virtual instruments, talempong, and Malay flute further accentuated the nuances of Minangkabau culture. The testing results also indicated the need to improve the consistency of dialogue volume, the alignment of the music with the emotions of the scenes, and audiovisual synchronization. This study enriches the practice of creating film music based on local culture and offers a film-scoring production workflow that can be applied to the development of educational animation media.
Kepastian Hukum terhadap Covernote dalam Perjanjian Kredit Perbankan Nur Syifa Islamiya Effendi; Anang Shophan Tornado
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.v5i4.11590

Abstract

Although the use of covernotes in bank credit agreements has become an established practice in Indonesia, studies examining their legal status, legal certainty, and regulatory model remain limited. This study aims to analyze the status of covernotes in bank credit agreements and formulate an ideal regulatory model to ensure legal certainty for the parties. The study employed a descriptive-analytical normative legal method using statutory and conceptual approaches. Legal materials were collected through a literature review and analyzed qualitatively using Gustav Radbruch’s and Jan Michiel Otto’s theories of legal certainty and Hans Kelsen’s theory of legal responsibility. The findings indicate that a covernote has the status of an innominate agreement that is accessory to the principal credit agreement and binds the parties pursuant to Article 1338 of the Indonesian Civil Code. However, its legal certainty remains inadequate because no normative provisions explicitly regulate its status, form, time limit, and legal consequences. This uncertainty is reflected in the differing legal considerations between Supreme Court Decision Number 4242 K/Pid.Sus/2023 and Supreme Court Decision Number 1233 K/Pid.Sus/2019. The ideal regulation of covernotes should be based on the principles of legal certainty, justice, accountability, and proportionality through a three-tier regulatory model, namely the revision of the Notary Office Law, the formulation of comprehensive Financial Services Authority regulations, and the establishment of professional standards by the Indonesian Notary Association. These findings contribute to the development of notarial and banking law studies by clarifying the legal vacuum surrounding the use of covernotes. This study affirms that the normative recognition and regulation of covernotes are necessary to provide legal protection for the parties and serve as a basis for policy formulation by legislators, the Financial Services Authority, and notarial professional organizations.
Kekuatan Pembuktian Akta Notaris dalam Sengketa Waris Hak atas Tanah antara Hukum Adat dan Hukum Perdata di Indonesia Muthmainnah
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.v5i4.11622

Abstract

The dualism between state law and customary law creates juridical complexities in the transfer of rights to customary communal land and family inheritance in Indonesia, particularly when notaries must ensure formal legal certainty through authentic deeds while simultaneously protecting the communal values of customary law communities. This study aims to analyze the synchronization of provisions in the Indonesian Civil Code, the Notary Office Law, and customary law, as well as to examine the evidentiary force of notarial deeds and the mechanisms for resolving inheritance disputes through judicial institutions. This study employed a normative juridical method using statutory, conceptual, and case approaches. The results indicate that although authentic deeds possess perfect evidentiary force, their legal standing may be set aside by a panel of judges if they are proven to disregard customary communal rights or contain substantive legal defects. These findings affirm the need for progressive legal interpretation and regulatory harmonization based on legal pluralism to balance formal legal certainty with substantive justice for the parties. Synergy between state law and local wisdom constitutes an essential foundation for strengthening legal protection and preventing land and inheritance disputes in the future.
Pembagian Harta Bersama dalam Perceraian Tanpa Perjanjian Perkawinan dengan Istri sebagai Pencari Nafkah Rina Auliana
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.v5i4.11631

Abstract

The division of marital property in marriages without a prenuptial agreement is often based on equal distribution, even when the wife serves as the primary breadwinner and bears most of the family’s economic burden. The absolute application of such equal distribution may disregard the parties’ actual contributions and result in substantive injustice. This study aims to analyze the juridical and sociological dynamics of marital property division for wives who serve as primary breadwinners and examine strategies for resolving such matters through notarial institutions. The study employed a normative-empirical juridical method by combining an analysis of positive legal norms, sociological facts in the field, and a jurisprudential approach. The results show that a formal approach oriented toward equal distribution often fails to consider the wife’s economic contribution proportionally. Therefore, marital property should be divided based on the principles of distributive and proportional justice, as reflected in the jurisprudence of the Supreme Court. Notarial institutions have a strategic role in facilitating out-of-court dispute resolution through a Deed of Marital Property Division Agreement. A proactive approach by notaries, an objective examination of documents and the origins of assets, and persuasive mediation can reconcile the interests of the parties and produce an authentic deed that reflects gender justice. This study affirms that the proportional division of marital property, supported by notarial instruments, can provide legal protection oriented toward substantive justice without compromising legal certainty.
Analisis Yuridis Kedudukan CCTV sebagai Alat Bukti Elektronik dalam Perspektif UU ITE dan Hukum Islam Sainal; Muh. Amin; Herman Pelani
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.v5i4.11648

Abstract

Although the use of closed-circuit television (CCTV) as electronic evidence has been widely examined under Indonesian positive law, research integrating the provisions of Law Number 11 of 2008 concerning Electronic Information and Transactions (the ITE Law) with the concept of qarinah in Islamic law remains limited. This study aims to analyze the legal status of CCTV as electronic evidence under the ITE Law and examine the legitimacy of its use from the perspective of Islamic law. This study employed a legal research method using statutory, conceptual, and shar‘i approaches. Data consisting of primary and secondary legal materials were analyzed qualitatively. The results demonstrate that CCTV constitutes valid electronic evidence under Article 5 of the ITE Law and serves as an extension of the forms of evidence recognized in Indonesian criminal procedural law. Under Islamic law, CCTV may be classified as qarinah, or an indication, that possesses evidentiary value provided that it satisfies the principles of authenticity, integrity, and information validity. The use of CCTV is also consistent with maqāṣid al-syarī‘ah, particularly the protection of life (ḥifẓ al-nafs), the protection of property (ḥifẓ al-māl), and the realization of justice (al-‘adl). These findings affirm that the concept of qarinah is adaptable to technological developments and can support the harmonization of Indonesian positive law and Islamic law within modern evidentiary systems. Accordingly, the legitimacy of CCTV has mutually reinforcing juridical and normative foundations for supporting legal certainty, justice, and public benefit. This study contributes to the development of electronic evidence law and may serve as a reference for law enforcement practices in Indonesia.

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