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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 271 Documents
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Dinamika Politik Lokal pada Pemilihan Kepala Desa di Desa Mekarjaya Arassy, Dewi Fortuna; Fernandes, Reno
AHKAM Vol 2 No 3 (2023): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v2i3.1717

Abstract

This research is motivated by the existence of deviations that occur within the village administration. According to Sadu Wasistiono 1993 (In Neneng Yani 2016) village head elections cannot be avoided. This study aims to explain the political issues that existed at the time of village head elections in Mekarjaya village. This study uses a qualitative approach. Data collection techniques through observation, interviews and documentation. The results of this study are that the implementation of Pilkades is colored by various political issues. One of the issues in the Pilkades in this village is money politics. The phenomenon of the practice of money politics in Mekarjaya Village carried out by one of these candidates aims to influence people's choices. Even though the money politics that occurred in Mekarjaya Village did not cause conflict, indirectly the practice of money politics in village head elections could undermine the existing democratic system.
Perlindungan Hukum Atas Hak Kekayaan Intelektual (HKI) Perhotelan di Kabupaten Lombok Barat Fahmi, Muhammad Saiful
AHKAM Vol 2 No 2 (2023): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v2i2.1729

Abstract

The existence of the Mandalika National Tourism Development Strategic Area (NTDSA) is expected for West Lombok to be able to get a direct impact from the development of the tourism sector, long before NTDSA Mandalika opened, the tourism industry in West Lombok Regency itself already existed. Intellectual Property Rights (IPR) in simple terms is a right that arises for the results of thoughts that produce a product that is beneficial to humans. The form of IPR application to products in hospitality is basically divided into 2 (two), namely: First is Copyright and Rights related to Copyright. The second is Industrial Property Right. The method used in this research is normative-empirical, namely looking at the law not only as a set of normative rules or what is contained in the text of the Act but also seeing how the law can run in the midst of society While the approach used is the approach of the Act, conceptual approach, and socio-legal approach. Regulations on the protection of IPR of hotel industry have been regulated in general in Law Number 10 of 2009 concerning Tourism, Law Number 28 of 2014 concerning Copyright, Law Number 30 of 2000 concerning Trade Secrets, Law Number 31 of 2000 concerning Industrial Design, and Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Legal protection of IPR for hotel industry in West Lombok Regency has so far been implemented, although there are several obstacles, hotel and restaurant industry are still less familiar with intellectual property protection for their business fields which are considered less useful so that they still have to be given consistent socialization and assistance by related parties.
Judicial Review Peraturan Pemerintah Pengganti Undang-Undang (Perppu) oleh Mahkamah Konstitusi Perspektif Fiqh Dusturiyah Islahuddin, Muhammad
AHKAM Vol 2 No 2 (2023): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v2i2.1732

Abstract

In this study, the author takes the title Judicial review of Government Regulations in Lieu of Laws (PERPPU) by the Constitutional Court from the Fiqh Dusturiyah Perspective. The issue raised in this paper is whether the Constitutional Court has the authority to conduct a judicial review of a Perppu. The research objective of this paper is to find out and study the authority of the Constitutional Court in conducting a judicial review of the Perppu. The type of research used in this research is normative legal research. The approach used in this study is the legal political approach. The data used in this study is secondary data consisting of primary legal materials and secondary legal materials. Legal research uses the deductive thinking method, which means a method of thinking that begins and begins with general propositions that have been recognized for their truth and ends with a specific conclusion. The results of this study conclude that the Constitutional Court has the authority to examine the Perpu for several reasons. Starting from a sociological and teleological interpretation, it is very likely that the Perpu will contain material that contradicts the 1945 Constitution of the Republic of Indonesia or violates people's rights, without being able to be examined before being discussed by the DPR, so it is best if the Constitutional Court can conduct a judicial review of the Perpu. Judicial review of the Perpu by the Constitutional Court is also in the context of upholding the principles of the Indonesian legal state and the supremacy of the constitution. In siyasash fiqh studies, there is a judiciary institution known as the Al-Mazalim Region, which specifically deals with the tyranny of the rulers against the people, including in making policies or laws. The judiciary of the al-Mazalim Region resembles the Constitutional Court in terms of safeguarding people's rights which may be violated through the making of policies or laws. In line with the conclusions above, it is best if the law-making bodies, in this case the DPR and the President, immediately fill in the legal vacuum regarding the judicial review of the Perpu by the Constitutional Court.
Pertanggungjawaban Pidana terhadap Anak Ditinjau dari Hukum Pidana Islam dan Undang-undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak Nabilla, Alifia Desya; Azizah, Noor; Ramadani, Ramadani
AHKAM Vol 2 No 3 (2023): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v2i3.1744

Abstract

A child who commits a crime is a child with problems, who lives in an unhealthy family or social environment. Then comes the behavior of children who are not in accordance with the norms in society. As a result, the child must be held accountable for his actions. However, the ability of children to be responsible for their actions varies according to the ability to think according to the time they go through. The purpose of this study is to determine criminal responsibility for children in terms of Islamic criminal law and Law no. 11 of 2012 concerning the Juvenile Criminal Justice System and to find out the differences and similarities and which laws are relevant between the two laws. The type of research used is normative juridical law research, using a descriptive and comparative approach and the sources of legal materials used in this research are primary and secondary sources of legal materials. The results of this study show that between Islamic criminal law and Law Number 11 of 2012 concerning the juvenile justice system, there are differences and similarities in terms of criminal responsibility for children, where the differences are in the legal basis, the age limit for children to sanctions and similarities in both laws. both of them put forward the best interests of the child through diversion in the form of a restorative justice approach, both determine the factors of reason and will as the main conditions for being responsible and equally provide teaching and direction to children who commit crimes.
Perkosaan Ayah pada Anak Kandung yang Masih di Bawah Umur dalam Perspektif Hukum Pidana Islam dan Hukum Pidana Bakara, Monica Anamaloka; Sitepu, Rajin; Harahap, Mar’ie Mahfudz
AHKAM Vol 2 No 3 (2023): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v2i3.1745

Abstract

The main problem in this thesis is how the provisions regarding the rape of a father on a biological child who is still underage in the view of Islamic criminal law and criminal law. Rape is a form of violence by coercion in subtle or gross forms, and has a negative impact on the future of the victim, especially since the victim is still a child (underage) both socially and psychologically. This thesis aims to explain the provisions of the views of Islamic law and criminal law regarding rape of minors committed by their own biological father. This research uses a qualitative method that is descriptive analytical, with a normative juridical approach. With the research object of legislation relating to legal theories. The data collection technique used in this research is library research and this method is used to complete the data needed in writing this thesis, namely by looking at laws and books related to the subject matter to be examined. The results of this study indicate that the sanctions against the perpetrators of the crime of father rape on their biological children who are still underage and in terms of Islamic criminal law, the first opinion is that the perpetrators are sentenced to stoning, the second opinion is to give punishment to the perpetrators of ta'zir punishment, the result and type of punishment are left to ruler's decision. In terms of criminal law, the defendant is given a maximum prison sentence of 15 years and a maximum fine of five billion rupiah which is contained in article 81 of Law Number 35 of 2014 concerning Child Protection, the criminal provisions in the Elimination of Domestic Violence (PKDRT) are contained in article 47 with a minimum imprisonment of 4 years and a maximum of 15 years or a minimum fine of twelve million and a maximum fine of three hundred million rupiah. And in the application of sentencing/court decisions, namely the judge's decision itself, there is no consistency in imposing criminal sentences, namely including articles contained in the Law on the Elimination of Domestic Violence (PKDRT).
Upaya Tokoh Masyarakat melalui Majelis Ta’lim dalam Meningkatkan Minat Orang Tua Menyekolahkan Anak di Kelompok Bermain Az-Zakiyah Kabupaten Bandung Octrianty, Evi; Muttaqien, Kingking; Marwati, Lia
AHKAM Vol 2 No 3 (2023): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v2i3.1807

Abstract

This research is focused on the efforts that have been made by community figure through the ta'lim assembly in increasing parents interest in sending their children to the Az-Zakiyah Playgroup. The method used in this study is a qualitative descriptive method by collecting interview and observation data. The results of this study are to discuss: (1) the efforts made by community figure for parents to send their children to Az-Zakiyah Playgroup; (2) description of parents interest in Az-Zakiyah Playgroup; (3) parents perspective on Playgroups; (4) the obstacles experienced by community figure and schools in increasing parents interest in Az-Zakiyah Playgroup; and (5) how to overcome the obstacles experienced by community figure and institutions in increasing parents interest in sending them to Az-Zakiyah Playgroup.
Strategi Komunikasi Dinas Sosial Kota Medan dalam Upaya Pemberdayaan Ekonomi Masyarakat Aulia, Ananda Rizky; Tamrinsikumbang, Ahmad; Muktarruddin, Muktarruddin
AHKAM Vol 2 No 3 (2023): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v2i3.1812

Abstract

The aim of this research is to determine the communication strategy of the Medan City Social Service in empowering the community's economy. This research used a qualitative approach with descriptive methods, the informants for this research were 6 people who were determined purposively. The data collection techniques used were observation, interviews and documentation. The results of the first research regarding the economic conditions of the people in Medan City are that the Medan City Social Service in 2022 will experience growth of 4.71 percent. From the production side, the three categories of business fields that gave the highest growth were the transportation and warehousing business fields which experienced the highest growth of 11.67 percent. And in terms of expenditure, three components with capital formation such as household consumption expenditure amounted to 4.78 percent. The second is related to the communication strategy of the Medan city social service in an effort to empower the community's economy. by providing skills training for poor families to 100 people with funding allocated from the Medan city APBD. Providing KUBE assistance every year to organizations or MSMEs means providing assistance to the community and monitoring the development of businesses that have been assisted. Through communication carried out by the Social Service, changes and progress have occurred in the economic empowerment of the people of Medan City. This communication strategy plays an important role in ensuring that the businesses that have been assisted run well and develop. The strategic steps for the Medan city social service that must be implemented include program planning, implementing the preparation of policy materials, organizing the handling of the family hope program, preparing guidance for social potential and social welfare which operates in the field of social welfare, implementing the preparation of policy materials for standard operating procedures.
Sikap Non Muslim terhadap Adzan di Kampung Sawah Kecamatan Besting Kabupaten Langkat Prayoga, Muhammad; Zulkarnaen, Zulkarnaen; Munandar, Munandar
AHKAM Vol 2 No 3 (2023): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v2i3.1813

Abstract

In general, this research aims to find out: how the Muslim community perceives the sound of the call to prayer in Sawah village, Besitang sub-district, Langkat district and to find out how the Christian community perceives the sound of the call to prayer in Sawah village, Besitang sub-district, Langkat district. This type of research is descriptive qualitative research, namely the data collected is in the form of words, images, not numbers. In this case the researcher classifies sources into two categories, namely primary sources and secondary sources and the researcher collects data by means of observation, interviews and documentation. The results of this research show that the Islamic community views the Adhan as a notification that the time for prayer has arrived with the lafadz that has been determined by the syara of the adhan lafadz, namely Hayya alash shalah which means let's go to prayer and Hayya alal falah which means let's go to victory or happiness, from the adhan lafadz It is clear that the call to prayer is included in da'wah, namely inviting all mankind to pray so that life can be happy in this world and the hereafter. The Christian community views the sound of the call to prayer. Meanwhile, the view of the Christian community is that initially, they admit that the call to prayer can interfere with some of their activities such as working or interacting with friends outside the home. However, as time passes, this individual experiences a transformation in mindset and reaches a deep understanding of the cultural and religious values associated with the call to prayer, as well as accepting its importance for his community.
Pesan Dakwah tentang Motivasi Sedekah dalam Youtube Jusuf Hamka Husna, Nurul; Abdullah, H.; Muktarruddin, Muktarruddin
AHKAM Vol 2 No 3 (2023): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v2i3.1814

Abstract

The aim of this research is to find out the da'wah messages on Jusuf Hamka's YouTube and how to motivate alms. This research uses a qualitative descriptive method which not only collects and compiles data but further analyzes and interprets or interprets the data. The results of the research show that the preaching message about the motivation for alms in Jusuf Hamka's YouTube is that as servants of Allah, never feel that you will become poor because you help other people, no matter how much wealth we spend in the way of Allah, we are sure that Allah will multiply it. The power of sadaqah will save human life, whenever and wherever you are able to continue giving charity in the path of Allah's religion. As humans, we must continue to be grateful for the blessings of Allah SWT, because if it were not from Allah, humans would be nothing, and one way to be grateful is by giving charity to those who need it more. As a human being, make your life useful for others, convince yourself to be successful in this world and the afterlife by increasing your charity. The alms motivation technique conveyed by Jusuf Hamka is through taxpayers, the obligation to pay taxes is like giving alms in Islamic teachings. The principle of taxation and alms is almost the same, namely setting aside a portion of assets to be given to people who are entitled to receive it. Selling Yellow Rice in this case opens a business aimed at helping other people. According to Jusuf Hamka, the motivation for Muslims to be successful and diligent in giving alms is that they must be rich but not rich through corruption, that is, they must be rich from the results of hard work.
Konsep Kebebasan dalam Novel Pasung Jiwa Karya Okky Madasari : Analisis Filsafat Eksistensialisme Soren Kierkegaard Ardiansyah, Bagus; Maraimbang, Maraimbang; Utomo, Wahyu Wiji
AHKAM Vol 2 No 3 (2023): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v2i3.1837

Abstract

Literature and philosophy are like two sides of a coin that cannot be separated from each other. There is even a reciprocal relationship between literature and philosophy. It can be proven that the birth of a literary work is the author's philosophical reflection on the reality he faces. raises various problems related to mental health and the stigma that still exists in society and the research problem that will be identified in this thesis is the concept of freedom in the novel "Pasung Jiwa" by Okky Madasari with an analysis of Soren Kierkegaard's existentialist philosophy. The research objective was set to examine the concept of freedom in literature, Kierkegaard's thoughts about human existence, freedom, personal responsibility, and the meaning of life, as well as the relationship between the concept of freedom in literature and Kierkegaard's thought. The research method used is a qualitative method with textual analysis. By using qualitative methods and textual analysis, this research is expected to provide a comprehensive understanding of the concept of freedom in the novel and its relevance to Soren Kierkegaard's existentialist thought. It is hoped that the results of this research will provide a deeper understanding of the concept of freedom in literature and the contribution of Kierkegaard's thought to the writing and interpretation of literary work.

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