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Erie Hariyanto
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Al-Ihkam: Jurnal Hukum dan Pranata Sosial
Published by Institut Agama Islam Negeri Madura
ISSN : 1907591X     EISSN : 24423084     DOI : https://doi.org/10.19105/al-lhkam.v15i2.2734
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Al-Ihkam: Jurnal Hukum dan Pranata Sosial Al-Ihkam: Jurnal Hukum dan Pranata Sosial is a high-quality open- access peer-reviewed research journal published by the Faculty of Sharia, Institut Agama Islam Negeri Madura, Pamekasan, East Java, Indonesia. The focus is to provide readers with a better understanding of Islamic Jurisprudence and Law concerning plurality and living values in Indonesian and Southeast Asian society by publishing articles and research reports. Al-Ihkam specializes in Islamic Jurisprudence and Indonesian and Southeast Asian Islamic Law and aims to communicate original research and relevant current issues. This journal warmly welcomes contributions from scholars of related disciplines. It aims primarily to facilitate scholarly and professional discussion over current developments on Islamic Jurisprudence and Law concerning Indonesian and Southeast Asian plurality and living values. Publishing articles exclusively in English or Arabic since 2018, the journal seeks to expand boundaries of Indonesian Islamic Law discourses to access broader English or Arabic speaking contributors and readers worldwide. Hence, it welcomes contributions from international legal scholars, professionals, representatives of the courts, executive authorities, researchers, and students. Al-Ihkam basically contains topics concerning Jurisprudence and Indonesian and Southeast Asian Islamic Law society. Novelty and recency of issues, however, are the priority in publishing. The range of contents covers established Jurisprudence, Indonesian and Southeast Asian Islamic Law society, local culture, to various approaches on legal studies such as comparative Islamic law, political Islamic Law, and sociology of Islamic law and the likes.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 7 Documents
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Search results for , issue "Vol. 15 No. 1 (2020)" : 7 Documents clear
Legal Protection for Disputing Parties through the Aceh Customary Court Dahlia Farida; Hamid Sarong; Darmawan Darmawan; Fitriah M Suud
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 15 No. 1 (2020)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v15i1.2250

Abstract

Article 13 paragraph (1) of the Aceh Qanun Number 9 of 2008 on the Development of Customary and Indigenous Life discussing customary disputes mentions that ideally, the customary court can solve customary disputes. However, sometimes, it can not solve all cases and provide legal protection for all disputing parties. This study aims to explain the process of resolving private disputes through the customary court and providing legal protection for the parties. This type of research was empirical juridical with qualitative analysis. The results showed that a dispute resolution process could be done through two models. First is through customary judicature using formalized procedures by involving customary instruments. Second is using positive law indicator by not providing legal protection for the parties. Certain parties will typically file a lawsuit again after getting the customary court's decision. This research suggests collaboration among the Government, the Police, and the Customary Assembly in consistently promoting the customary court and improving the quality of customary instruments.
The Implementation of Islamic Value Absorption in Regional Regulations in Madura Regency Agung Ali Fahmi; Muwaffiq Jufri; Ansori Ansori
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 15 No. 1 (2020)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v15i1.2682

Abstract

In Madura, a number of Sharia and / or sharia nuances Regional Regulations were born. Whereas, Indonesia is not a religious state. The emergence of such Regional Regulations is believed to cause a lot of conflict in the society. Therefore, it is necessary to know How is the legal politics of values absorption or Sharia legal provisions in the Regional Regulations of Madura Regency? This research is a normative legal research. This research includes a conceptual approach, a statutory approach, and a case approach. The finding shows that the application and / or absorption of Sharia in Madura are due to the religious values that attached in the societies' daily life. So after conducting the research, it is found that the application and / or absorption of the Islamic values in regional legal products in Madura are divided into two types; firstly; direct absorption and / or application of regional legal products, in the form of Perda or Perbup. Secondly, the absorption and / or application of Islamic legal values to regional legal products do not directly manifest the sharia legal products, but substantially, the material contained in the legal products has absorbed the Islamic values into it.
State Marriage and Civil Marriage: The Role of State Policy on Interreligious Marriage in Central Java Anthin Lathifah
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 15 No. 1 (2020)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v15i1.2689

Abstract

This article discusses interreligious marriage in Central Java, especially in Surakarta, Semarang City and Jepara; places where the policies of stakeholders on judicial system, the role of demographic officials and religious leaders heavily influence each other. The policies of the State Court as an institution authorized to determine interreligious marriage vary from one to another area. For example, the Surakarta State Court receives the petition and establishes interreligious marriage, in contrast to the State Court in Semarang and Jepara which deny the petition of interreligious marriage. It is influenced by several things, namely the understanding of the regulation of marriage laws in Indonesia as well as religious understanding and role of its religious leaders. In the context of state and civil society relations, interreligious couples whose petitions are rejected consider it unfair; even those whose petition is accepted also deem it unfair since they regard their marriage as a civil marriage only, not desired by the state.Artikel ini membahas tentang perkawinan beda agama di Jawa Twngah, khususnya di Surakarta, Kota Semarang dan Kabupaten Jepara, tempat-tempat dimana kebijakan para pemangku kepentingan tentang sistem peradilan, peran pejabat demografik dan pemimpin agama saling mempengaruhi satu sama lain. Kebijakan Pengadilan Negeri sebagai lembaga yang berwenang menentukan perkawinan beda agama bervariasi dari satu daerah dengan daerah yang lain. Pengadilan Negeri Surakarta menerima petisi dan menetapkan perkawinan beda agama, berbeda dengan Pengadilan Negeri Kota Semarang dan Kabupaten Jepara yang menolak permohonan perkawinan beda agama. Perbedaan kebijakan tersebut dipengaruhi oleh beberapa hal, yaitu pemahaman tentang peraturan perundang-undangan perkawinan di Indonesia, pemahaman agama  dan peran para pemimpin agama. Dalam konteks hubungan negara dan masyarakat sipil, pasangan antara agama yang permohonannya ditolak menganggapnya tidak adil; bahkan mereka yang permohonannya diterima juga menganggap itu tidak adil karena mereka menganggap merkawinannya hanyalah perkawinan sipil, yang tidak diinginkan oleh negara.
The Meaning of Happiness and Religiosity for Pre-Prosperous Family: Study in Manado, Bandar Lampung, and Yogyakarta Ahmad Rajafi; Naili Adilah Hamhij; Suyatno Ladiqi
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 15 No. 1 (2020)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v15i1.2729

Abstract

The results of this research (2017) want to explain the correlation between happiness and religiosity for poor families. The locus of this research is in the city of Manado, North Sulawesi Province, Bandar Lampung City, Lampung Province, and Yogyakarta City in Yogyakarta Special Region Province. This research is important because there is an assumption in the community that even poor people who are religious are certainly not happy. This assumption is further answered in this study, where there is a positive and significant relationship between happiness and religiosity in poor families in Yogyakarta, but not for Manado and Bandar Lampung. The highest level of happiness is in the city of Yogyakarta and the highest level of religiosity is in the city of Manado. This difference occurs because the concept of happiness for religious poor families in Manado, Yogyakarta and Bandar Lampung has different point of view and has the unique itself.
The Implementation of PERMA Number 3 of 2017 Concerning The Guidelines For Dealing With Women's Cases on Laws As an Effort of Women Empowerment In The Judiciary in Madura Siti Musawwamah
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 15 No. 1 (2020)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v15i1.2883

Abstract

Women empowerment in the judiciary institution had actually been sought for since the moment of rule enforcement on reasons for divorce and implementation of (valid) divorce before a court hearing. This policy is an affirmation of legal renewal in the UUP (marriage law) and KHI (Compilation of Islamic Law) as well as an entry point for the law protection on women through the guarantee of legal certainty and opportunity to fight for their rights in divorce decisions, including right of gaining nafkah māḍiyah (past/indebted), nafkah 'iddah, nafkah mut’ah, shared assets, haḍānah (child custody) and childcare costs. The problem relates to the execution of the judiciary decision as it deals with some problems. One of which is the fact that there found no rule regarding with mechanism/method as well as time limit for the implementation, while the divorce pledge would be expired within 6 months after the decree of pledge permission. Accordingly, the Supreme Court’s policy to issue PERMA number 3 of 2017 concerning the guidelines for adjudicating women's cases in law shows its significance. Using a qualitative research design, this paper aimed at describing the implementation of PERMA number 3 of 2017 in religious courts in Madura, identifying constraints in its implementation, and explaining in detail the solutions to overcome the constraints. The results of this study are expected to be beneficial as an attempt to empower women by removing all barriers they cope with. Furthermore, it also enables them to gain access on justice without any discrimination in the justice system particularly in the religious court system at all levels, namely the first level, appeal, and cassation.
Resistance Strategies of Madurese Moslem Women against Domestic Violence in Rural Society Fahruddin Ali Sabri; Arif Wahyudi; Fatekhul Mujib
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 15 No. 1 (2020)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v15i1.3083

Abstract

Although regarded as weak, helpless and vulnerable for violence, some rural Madurese women are no longer silent and passive in coping with domestic violence they experience. This study aims to identify the survivors’ experiences and choices they made as resistance strategies to reduce or end the violence. The focus was on whether the choices fit with sharia teaching. The study uses empirical legal research and anthropological theory of law and fiqh approach to analyze data. It finds that women who try to take a dispute resolution process show their active attitude and courage to voice injustice, discomfort or disagreement in their domestic life. Some of their strategies fit with shariah teaching while others do not so. However anthropologically, their choice to stop the violence is for the sake of maintaining their marital relation. In the legal sub-culture, they have well considered potential profits and losses as well as the needs or interests they want to get.
Istiglâlu Barâati al-Ikhtirâ’ fî al-Qânûn al-Indûnîsî Dirâsah Fiqhiyah Taqwîmiyah Husnul Haq; Arif Ali Arif
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 15 No. 1 (2020)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v15i1.3110

Abstract

Patent has a prominent place in people’s nowadays lives as it becomes the main mover of their advancement as well as a barometer of a nation’s development and treasure. Countries with a huge percentage of patents occupy higher position and get stronger political influence than others. Therefore, the worldwide countries have agreed to conduct agreements to protect the patent through so called Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Indonesian’s signing on the agreement was then followed by a legal cover in the field of patent through Law number 13 of 2016. This study aims to examine the concept of exploitation in the Indonesian Law using Islamic jurisprudence as the evaluative instrument. It focuses on how far the congruity between both in portraying the patent and punishment for its exploitation is. We use analytical and critical method as well as comparative ones. The careful study on this law and Islamic jurisprudence including its principles and purposes makes it clear that both agree on patent as a part of wealth and property and therefore, it needs protection as well as rules on punishment for the aggressors. Both also share the same opinion on patent exploitation rules whether personal exploitation or through a license contract. However, Islamic jurisprudence has established procedures for patent exploitation and one of which is that it should not harm others.

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