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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
Protection of Children's Rights in Post-Divorce Custody Disputes Comprehensive Study on the Best Interests of Children Khotim, Ahmad
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.v10i1.6219

Abstract

In the framework of Indonesian positive law, it is only the KHI that assigns child custody to the mother. Other legal provisions merely indicate that both parents are responsible for their children's care without clarifying which parent is awarded custody following a divorce. Various rulings exist that have granted custody to mothers, yet there are also instances where custody has been awarded to fathers. This creates ambiguity regarding the determination of child custody post-divorce. The objective of this study is to assess the most effective indicators for judges to consider in making child custody decisions, grounded in the principle of prioritizing the child's best interests. The methodology employed for this research is prescriptive normative legal analysis with a conceptual focus. Findings indicate that several factors can be utilized when deliberating on custody matters, including the child's wellbeing, the behavior of the parents, cooperation between them, and the allocation of parenting time. Should there be a need for additional factors, judges are permitted to incorporate these, provided they align with the principle of the child's best interests.
Sanctions for Rape Crime in Decision Number 156/Pid.Sus/2020/PN.Pkb. Perspective of Islamic Criminal Law Kusuma, Fajar Ichsan; Anwar, Syahrul; Najmudin, Deden
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.v10i1.6229

Abstract

Rape is a serious crime that violates the law and human dignity. However, court rulings, such as Decision No. 156/Pid.Sus/2020/PN.Pkb, often impose light sentences that are not commensurate with the serious impact experienced by the victims. This study aims to examine the chronology of the case, the reasons behind the judge's decision to impose a lenient sentence, the impact of the decision on crime prevention, as well as the elements and penalties for the crime of child rape under the perspective of Islamic Criminal Law. Using a case approach, normative legal methodology, and qualitative data, the data was collected through library research and analyzed using content analysis. This study draws on modern legal theory, the theory of Maqashid Syariah, and the theory of jarimah ta'zir. The findings reveal a significant imbalance between the severity of the criminal act and the leniency of the imposed sanctions, which undermines the objectives of modern legal theory and the theory of Maqashid Syariah. In this case, the defendant was sentenced to six years in prison, despite the applicable law (Article 81(3)) allowing for a maximum sentence of fifteen years. Furthermore, Islamic law does not explicitly stipulate punishment for rape in the Quran, scholars analogize it to the law of adultery as outlined in the Quran, Surah An-Nur, Verse 2. As for the Hadith narrated by Muhammad bin Yahya Al-Naisaburi, it supports similar penalties for rape and adultery, with the main difference being that only the perpetrator is punished.
The Practice of Nusyuz Among Tanjungbalai Tni from the Perspective of the Indonesian Ulama Council of Tanjungbalai (Case Study at Tni Lumba-Lumba Complex Tanjung Balai) Nailah, Dea Anjani; Irwan
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.v10i1.6265

Abstract

This study aims to examine the forms of behavior and factors that cause nusyuz  among the TNI in the review of Islamic law as well as how the TNI Council's settlement  mechanism for nusyuz behavior. The urgency of this problem lies in the complexity of TNI household relationships that often face challenges due to heavy military duties and have an impact on family harmony. Based on this background, this research uses a qualitative method with a legal sociology approach, where primary data is obtained through interviews while secondary data comes from Islamic legal literature and previous research results. The results show that the wife's disobedience in the TNI household does not necessarily make the wife immediately blamed, but it is necessary to first investigate the causes, including the possibility of the husband's actions triggering the disobedience. In the legal process, the wife's rights are still protected until the official divorce decision is issued. This research emphasizes that the concept of nusyuz in the context of the TNI requires a fair legal approach and clear procedures.
Implementation of Ministry of Transportation Regulation Number 45 of 2020 concerning Certain Vehicles with Electric Motors: A Case Study of Underage Riders in Medan City from the Perspective of Siyasah Dusturiyah Mohd. Tauhid Adsri; Irwansyah
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.v10i1.6273

Abstract

This study examines the implementation of the Ministry of Transportation Regulation Number 45 of 2020 concerning certain vehicles powered by electric motors, focusing on the phenomenon of underage drivers operating these vehicles on public roads in Medan City. The main objective of this research is to evaluate the effectiveness of the regulation and identify the obstacles faced in its implementation. Using a qualitative approach with a case study design, data were collected through interviews, field observations, and document analysis. The findings reveal that although the regulation provides a clear legal framework, its enforcement remains ineffective, particularly in preventing underage drivers from using electric vehicles on public roads. The contributing factors to this ineffectiveness include low legal awareness among parents and children, weak supervision, and limited public socialization regarding the regulation. From the perspective of fiqh siyasah (Islamic political jurisprudence), government policies should prioritize the public interest and the protection of life (hifz al-nafs). This study recommends stricter law enforcement and more intensive public education to improve legal awareness and ensure the safety of children.
Mining Permits and Environmental Justice in Indonesia: Imam Al-Mawardi's Perspective on the Decision of the Semarang Administrative Court No. 68/G/Pu/2021/PTUN.SMG Aulia Luthfi Ramadhan; Mustapa Khamal Rokan
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.v10i1.6277

Abstract

This study aims to analyze the dynamics of mining permits in Indonesia through a case study of the Semarang Administrative Court Decision No. 68/G/Pu/2021/PTUN.SMG, with a particular focus on environmental justice for the residents of Wadas Village from the perspective of Imam Al-Mawardi's thought. The research employs a normative juridical method with a qualitative approach, examining legal documents, court rulings, mining regulations, and Islamic literature related to the concept of justice. The findings reveal that the court's consideration primarily emphasizes administrative and procedural legality, while neglecting the principle of substantive justice, which, according to Al-Mawardi, centers on the protection of community rights, public welfare (maslahah), and the prevention of environmental damage. These findings highlight a disparity between national development interests and the rights of local communities. Accordingly, the study recommends a reform of mining permit policies to ensure greater participation and fairness, as well as the integration of the principle of al-‘adalah (justice) into legal decision-making and public policy processes in Indonesia.
Comparative Analysis of Al Ġazâlî 'S Opinions and Jamâluddîn ˊaţiyyah on the Phenomenon of Sexual Recession, an Efforts to Realize Family Strengthening Zidny Arifin, Irvan; Linda Firdawaty; Edi Susilo
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.v10i1.5692

Abstract

A good marriage aims for muˊâsharah bil maˊrûf . Muˊâsharah bil maˊrûf can be achieved by giving what is the right and obligation of each partner, respecting each other, and being able to express expressions of love to their partners. Sexual recession is a phenomenon that eliminates almost all of the components of muˊâsharah bil maˊrûf . This is characterized by the perpetrators of sexual recession not having sex due to certain factors such as economic problems, careers and health. This study uses qualitative methods and literature studies using a normative approach. The data sources used by the researcher refer to the books Iḥyāʾ ʿUlūm al-Dīn and Naḥwa Tafʿīl al-Maqāṣid . The secondary data used by the author are several books related to fiqh, mantiq, ushul fiqh, fiqh rules and balaghah. This study aims to analyze and find the law and solution of the phenomenon of sex recession efforts to maintain the family. The results of the study found that sex recession in Imam Ġazali's perspective is slightly looser because in determining the law of taklifi Imam Ġazali is guided by istidlâl which in approaching the context of the problem, if no evidence is found then it cannot be ruled either obligatory or haram, because the determination of the law of taklîfî must be based on the text . Jamâluddîn Aţiyyah in responding to this problem tends to be stricter by referring to the logic of maşlâhat and mafsâdat , according to him if he says when a problem violates the purpose of the sharia which contains mafsâdat then such a thing is haram and must be avoided. The solution that can be offered is to still be able to express love for a partner by realizing all the components of muˊâsharah bil maˊrûf.
Potential Losses at Pt. Bank Sumut Marelan Raya Sharia Sub-Branch Against the Binding of the Deed of Mortgage Data Errors yy Ppat Abdan Taqyanto; Tan Kamello; Hasyim Purba
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.v10i1.6226

Abstract

Binding deed of mortgage that occurs data errors by PPAT, such errors as mistaken identity of the debtor / creditor, errors in the data of the collateral object and editorial errors in the mortgage clause, which can affect the legal force of the deed. Formulation of the problem causes of data errors in The Binding of the deed of mortgage by PPAT in PT. Bank Sumut Marelan Raya Syariah Auxiliary Branch. Steps that can be taken by PT. Bank Sumut to reduce the risk of data errors in The Binding of mortgage deed. The role of PPAT in ensuring data accuracy in the deed of mortgage and its responsibilities in case of data errors. This type of research is an empirical legal research, descriptive analytical.  The data sources used in this study are primary and secondary Data. Data collection techniques using library research, and field research, document study data collection tools. The research used in this study is deductive thinking method to inducti. The cause of data errors in The Binding of the deed of mortgage by PPAT in PT. Bank Sumut Marelan Raya Sharia sub-branch, namely administrative errors, such as typos in the name of the party, identity number, land area, or certificate number. Incomplete documents such as party identity documents (KTP, tin, KK) that are not in accordance or are not valid. Land certificates that are still in the process of transferring rights or there are records of blocking / disputes.
Sanctions for the Criminal Act of Extramarital Abortion Based on Article 346 of the Indonesian Criminal Code and Islamic Criminal Law Wanda Fitri Rahayu; Ali Khosim; Riyan Ramdani
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.v10i1.6246

Abstract

The criminal act of abortion constitutes a form of crime that threatens human life and frequently occurs in society, especially as a result of promiscuity among unmarried teenagers. Abortion has become a legal issue regulated in Article 346 of the Criminal Code. However, there are limited exceptions in Law Number 36 of 2009 on Health which permits abortion in medical emergencies and pregnancies resulting from rape. The purpose of this study is to explain abortion as an impact of promiscuity, economic factors, and socio-cultural factors. In addition, to gain an understanding of the positive legal regulations in Indonesia regarding sanction of abortion as regulated in Article 346 of the Criminal Code, and to examine the perspective of Islamic law in viewing the practice of abortion and their sanctions. The approach of legal relativism and criminalization is used to understand the complexity of the abortion phenomenon, demonstrating the need for harmonization between criminal law and reproductive health so that law enforcement is humane and in accordance with applicable social norms. The method used in this study is a normative juridical approach using a literature study technique. The research findings reveal that the practice of abortion among adolescents occurs due to weak social control, promiscuity, as well as economic factors, open access to pornographic content, and minimal supervision of people who encourage pregnancy outside of marriage. From a positive legal perspective, abortion regulations in Indonesia are still inconsistent. The Criminal Code criminalizes abortion without medical reasons, especially in Article 346, while in Law Number 36 of 2009 provides exceptions in cases of medical emergencies or rape. From the perspective of Islamic criminal law, this study found that abortion is viewed as a forbidden act, especially if it is performed after the fourth month of pregnancy, when it is believed that the spirit has been blown.
Islamic Legal Review on Granting a Surname to an Illegitimate Child (Case Study in Pangururan Village, Sumbul District) Jateng GP. Siburian; Ilhamsyah Pasaribu
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.v10i1.6597

Abstract

This study aims to examine the Islamic legal perspective on the practice of granting clan names to children born out of wedlock in Pangururan Village, Sumbul District. This phenomenon is noteworthy because the granting of a clan name is part of the Batak Toba tradition, which holds social, kinship, and identity values, while in Islamic law, the lineage of a child born out of wedlock is subject to specific regulations. The study employs a qualitative method with a case study approach, using in-depth interviews, observation, and document analysis. The findings reveal that the granting of a clan name to children born out of wedlock in Pangururan Village is carried out to preserve family dignity, strengthen social relations, and prevent discrimination against the child. However, from an Islamic legal perspective, the lineage of a child born out of wedlock can only be attributed to the mother and her family, not to the biological father or his family. Therefore, granting a clan name that implies lineage to the biological father is not in accordance with the principles of lineage in Islamic law. The study recommends dialogue between traditional leaders and local scholars to find solutions that respect cultural values while adhering to the provisions of Islamic law.

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