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INDONESIA
JURNAL MAHKAMAH
Published by Universitas Ma'arif Lampung
ISSN : 27254422     EISSN : 25485679     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Mahkamah adalah Jurnal Ilmiah Berkala yang memuat artikel hasil penelitian mupun artikel konseptual di bidang Ilmu Hukum dan Hukum Islam. Jurnal Mahkamah diterbitkan oleh Fakultas Syaria'ah Institut Agama Islam NU (IAIM NU) Metro Lampung. Redaksi membuka kesempatan kepada para Kademisi, Dosen, Peneliti, Guru, Mahasiswa dan LSM untuk berpartisipasi dalam mengembangkan wacana Ilmu Hukum dan Hukum Islam yang humanis dengan karyakarya aspiratif, progresif, integratif dan interkonektif.
Arjuna Subject : -
Articles 19 Documents
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Search results for , issue "Vol. 10 No. 1 June (2025)" : 19 Documents clear
Analysis of Maslahah Mursalah on the Discourse of KUA Transformation as an Inclusive Religious Service in Indonesia Riskianto, Ibadur; R. Tanzil Fawaiq Sayyaf
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.4989

Abstract

KUA is an important part of one of the technical implementers in the welfare of society in Indonesia, KUA aims to strive to achieve the vision and mission of the Ministry of Religion in realizing human resources who obey and comply with religious provisions along with the regulations made by the state. Thus, the transformation of the KUA is the right step in building maslahah through administration and transformation of the KUA as a place of implementation that can be done through the level of guidance and services at the family level to the community. Based on this, the focus of this research is to describe more broadly how the transformation values are capable of service efforts in all religions in Indonesia. The method used is skinatif-descriptive through library research. The results of this study, 1). The open response to the statement of the Minister of Religion (Menag) in the working meeting agreement with the Directorate General of Islamic Guidance (Bimas), 2). The meaning of transformation through services to all religions, 3). Preventive actions offered through the review of maslahah mursalah.
Traditional Practice of Bapanteh in Marriage in Traditional Society of Kerinci Dictrict: Victor Turners Symbolic Analysis Epriandi, Alzaki; Iskandar, Nuzul; Zufriani, Zufriani
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.5021

Abstract

The Bapanteh tradition is a pre-wedding ritual practiced by the Hiang Village community in Sitinjau Laut District, Kerinci Regency. This tradition is not merely ceremonial, but reflects deep cultural values such as kinship, solidarity, and cultural preservation. This study seeks to investigate the symbolic meanings embedded in the Bapanteh tradition, explore the actual practices involved, and understand the reasons behind its preservation amidst modernization. Utilizing a qualitative research approach with Victor Turner’s symbolic analysis as the theoretical lens, data were collected through in-depth interviews with local elders, community members, and traditional leaders, as well as through participatory observation. Findings reveal that Bapanteh serves as a social mechanism to reinforce communal ties and express collective identity. It involves community cooperation in borrowing long batik cloths as symbolic offerings, which are then used to decorate the bride’s home, symbolizing interconnectedness among families. Although contemporary influences have led to adaptations such as reduced collective participation and the use of modern decorations, the symbolic essence of Bapanteh remains resilient. This study highlights the importance of preserving such traditions as they carry profound cultural meaning and serve as a unifying force in society. The findings contribute to a deeper understanding of the function of ritual and symbolism in maintaining cultural identity in an era of rapid social change.  
The Deviation of Criminal Law Principles in Embezzlement of Joint Property Committed by Husband or Wife Supriadi, Moh; Husain, Natasya Auliya; Jasri Akadol, Nina Septiana; Gayatri, Nungky Dwi; Yuliana, Yuliana; Natalia, Kristiani
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.5807

Abstract

This study aims to determine the deviation of criminal law principles in the embezzlement of joint assets committed by a husband or wife in marriage. Therefore, criminalization is an ideal policy formulation to overcome this deviation. This study uses normative legal research with a legislative approach that examines the Criminal Code, especially the crime of family embezzlement. In addition, a conceptual approach is also used to determine the deviation of criminal law principles so that efforts are obtained to overcome deviations from criminal law principles. This study concludes that there is a deviation of criminal law principles in the crime of embezzlement of joint assets committed by a husband or wife during marriage. This deviation is based on the inconsistency between the formulation of the crime which states that it cannot be prosecuted with the principle of criminal responsibility which regulates the reasons for eliminating the crime, namely the reason for forgiveness and the reason for justification. Furthermore, moral norms cannot prevent the prosecution of a criminal act, as long as there is a complaint from the victim as the concept of the complaint crime. Therefore, as a repressive effort in providing legal protection for victims, a formulation policy is needed by criminalizing embezzlement of joint assets committed by a husband or wife during marriage by eliminating the phrase " "it is impossible to hold criminal charges".
Virtual Police in the Indonesian Constitutional System: A Restorative Justice Approach to Cybercrime Prevention (An Empirical Study in Sambas Regency) Saliro, Sri Sudono; Aminah, Siti; Jamaludin, Jamaludin; Aprilsesa, Tri Dian; Kusryat, Dheanita
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.5813

Abstract

The Virtual Police Approach as Restorative Justice Prioritizes Preventive Efforts. Indeed, there is a close relationship between preventive policing and crime prevention. Preventive policing is part of crime prevention; however, crime prevention encompasses a broader scope than preventive policing alone. This study aims to analyze the implementation of virtual police within the Indonesian constitutional system as part of cybercrime prevention efforts, as regulated in the Electronic Information and Transactions Law (UU ITE), and to describe the effectiveness of virtual police in this context. This research employs a qualitative method and is classified as empirical legal research, utilizing both normative legal and descriptive-analytical approaches. Data were obtained through interviews and observations, using purposive sampling techniques. The results of the study reveal that the implementation of virtual police is a manifestation of the enforcement of the Electronic Information and Transactions Law (executive function) as a legal effort to prevent cybercrime. The presence of virtual police as law enforcers has made cybercrime prevention more effective, supported by a strong legal framework. However, challenges remain in the form of societal legal culture, particularly the public's lack of awareness and compliance in the digital space.
The Rights of Children from Illegal Marriages of Indonesian Migrant Workers (TKI) in Selangor, Malaysia: A Review from the Perspective of Child Protection Law Zakirah Anshori, Qory; Lubis, Fauziah
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.5822

Abstract

The phenomenon of illegal marriages among Indonesian Migrant Workers (TKI) in Selangor, Malaysia, especially in the Gombak area, has raised serious legal and social issues, especially concerning the protection of children's rights. Marriages that are not officially registered (nikah siri) cause children from these relationships to face difficulties in obtaining identity documents, citizenship status, access to education, and other basic services. This situation reflects the gap between the legal protection guaranteed by Law No. 35 of 2014 concerning Child Protection and its implementation in the context of cross-jurisdictional countries. This study aims to analyze how the Child Protection Law is applied to children from illegal marriages of TKI abroad, with a focus on access to education and legal status. The method used is a juridical-empirical approach through descriptive qualitative research, with data collection through interviews, field observations, and document studies in the TKI community of SB Sungai Mulia, Gombak, Malaysia. The results of the study indicate that although Law No. 35 of 2014 provides a strong legal basis, its implementation abroad faces major obstacles, including the limitations of Indonesian legal jurisdiction, strict Malaysian regulations, and minimal administrative awareness of Indonesian migrant workers. Data from 2024 recorded that more than 5,400 children of Indonesian migrant workers in Selangor were born from unregistered marriages, with the majority not yet having citizenship status. The Indonesian government has sought solutions through the overseas marriage validation program, the issuance of Birth Registration Certificates (SPL), and the establishment of non-formal learning centers. However, structural obstacles and suboptimal bilateral policies still hinder the fulfillment of children's rights in full.
Tajdid Nikah: Legal Analysis, Ulama Perspectives, and Maslahah Mursalah (A Case Study in East Lampung Regency) Nur Isti Fadah; Hud Leo Perkasa Maki; Irawan, Hendra; Nency Dela Oktora; Husain Fadhil Arrasyid
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.5855

Abstract

This study examines the phenomenon of tajdid nikah (renewal of the marriage contract) among Muslim couples in Giriklopomulyo Village, Sekampung District, East Lampung Regency, with a focus on cases involving pregnancy prior to the official marriage. Although both Islamic law and the Compilation of Islamic Law (KHI) Article 53 confirm that such marriages are valid without requiring re-contracting, tajdid nikah remains prevalent due to societal pressure, cultural norms, and insufficient legal literacy. Using a qualitative case study approach with data from interviews, documentation, and field observations, this research systematically analyzes five key dimensions: the definition of tajdid nikah, local chronology of its practice, its legal interpretation under KHI, contemporary ulama perspectives, and its relevance within the framework of maslahah mursalah. The findings show that tajdid nikah is often pursued not for legal necessity but to achieve psychological relief, family acceptance, and perceived social legitimacy. While some scholars tolerate the practice as a form of precaution (ihtiyat), most ulama assert that it is unnecessary if the first marriage contract was valid. In terms of maslahah mursalah, tajdid nikah can be viewed as beneficial when it reduces stigma and promotes harmony but may be harmful if it reinforces public misconceptions about Islamic legal norms. Therefore, tajdid nikah should not be institutionalized as a religious obligation, and broader legal education is needed to align community practices with sharia principles and Indonesian legal standards.
Diversion for Juvenile Offenders Involved in Gang-Related Crimes Isnaeni Abdillah Liat Mauli; Ifahda Pratama Hapsari
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.5924

Abstract

This study examines the implementation of diversion policies for adolescents involved in gang activities within the juvenile criminal justice system in Indonesia. The phenomenon of children involved in criminal gangs is on the rise, raising legal and social concerns. Diversion of children from formal prosecution is regulated in Law No. 11 of 2012 on SPPA and PERMA No. 4 of 2014. This study employs a normative legal method with a literature review approach, analyzing legislation, legal literature, and court rulings. The findings indicate that although diversion policies are well-regulated in theory, their implementation faces significant challenges, including a lack of understanding among officials, limited facilities, and weak coordination between institutions. As a result, there is an urgent need to strengthen the regulatory framework, enhance the capacity of implementers, and adopt a more contextual and community-based approach to ensure the optimal implementation of diversion strategies.
The Position of Daughters in Batak Customary Inheritance Law from the Perspective of Islamic Law Apriliani; Tjempaka, Tjempaka
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.5927

Abstract

This study aims to examine how the Batak Muslim community reconciles the conflict of values between the patrilineal customary inheritance system and egalitarian Islamic inheritance law regarding women's inheritance rights. The method used is normative juridical with qualitative analysis of laws and regulations such as the Compilation of Islamic Law, customary law, and legal doctrines and expert views. Data were collected through literature studies from primary, secondary, and tertiary sources. The results of the study show that the Batak customary system places sons, especially the eldest, as the main heirs, while daughters formally do not have inheritance rights. Meanwhile, Islamic law grants inheritance rights to women with a certain portion based on socio-economic responsibility. The tension between these two legal systems creates social and legal dilemmas for the Batak Muslim community. In practice, various reconciliation strategies emerge, such as granting grants or wills to daughters before the testator dies to balance customary values and Islamic law. This study emphasizes the importance of a contextual and participatory approach in harmonizing customary norms and religious law for the sake of justice and social acceptance.
A Civilian Ownership and Use of Firearms in Indonesia: A Juridical and Human Rights Analysis Yoga Wiratama; Gunawan Djajaputra
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.6127

Abstract

This study explores the legal mechanisms that govern civilian firearm ownership and utilization within Indonesia, examined from both juridical and human rights perspectives. The primary aim of this investigation is to analyze the statutory framework controlling civilian gun possession, evaluate the implementation of existing regulations, and identify challenges in firearm surveillance and regulation. The research adopts a normative legal methodology incorporating statutory analysis and comparative examination approaches. Results indicate that Indonesia implements highly restrictive measures regarding civilian firearm ownership through an extensive licensing framework, as outlined in National Police Regulation Number 1 of 2022. The investigation also identified significant gaps between comprehensive regulatory provisions and practical enforcement, especially concerning the oversight of unauthorized weapon distribution. The study concludes that enhanced inter-agency monitoring systems and collaborative frameworks are essential to achieve balance between personal security entitlements and collective public protection.
Trademark Dispute Between Starbucks Corporation and Sumatera Tobacco Trading Company: An Analysis of the Supreme Court Decision No. 836 K/PDT.SUS-HKI/2022 Adenfa, Alexandrio; Rasji, Rasji
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.6174

Abstract

This research analyzes the application of good faith principle in trademark registration, particularly in the trademark dispute between Starbucks Corporation and PT. Sumatera Tobacco Trading Company decided by Supreme Court Decision No. 836 K/PDT.SUS-HKI/2022. The research aims to analyze the implementation of good faith principle in well-known trademark registration under Law No. 20 of 2016 and evaluate the Supreme Court's legal considerations in protecting well-known trademarks. This normative legal research uses statutory and case analysis approaches, with primary legal sources (laws and court decisions) and secondary sources (books, journals, legal articles). Data analysis is conducted descriptively with inductive conclusions. Results show that the Supreme Court successfully applied the good faith principle by canceling the "Starbucks" trademark registration owned by PT. Sumatera Tobacco Trading Company, proven to be conducted in bad faith to exploit the fame of a well-known trademark. This decision strengthens cross-class protection for well-known trademarks and provides legal certainty that trademark registration must be conducted in good faith to prevent unfair business competition.

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