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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 7 Documents
 1 
Search results for , issue "Vol. 5 No. 2 December (2020)" : 7 Documents clear
Adopted Children as Mahram: Responding to Ijtihad ‘Ā’isyah (614-679 Ad) in the Flow of Modernization imran, maizul; Firdaus, Beni; Arsal, Arsal
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 5 No. 2 December (2020)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v5i2.1004

Abstract

Adoption of children in Islam can adjust to the habits (‘urf) of the community as long as it does not conflict with the principles of syara’. Likewise family life in Indonesian society still implements the habit of breastfeeding children (radhā ‘) to others. One of the Ijtihad ‘A’isyah believes that a child who is close to reaching baligh can become a maḥram with a mother who is breastfeeding him. This opinion must be understood by the principle of ihtiyāṭ (caution). Observing the authority of the Religious Court in determining the status of adopted children who adhere to the principle that between adopted children and adoptive parents is not a muhrim so they must maintain genitalia. Therefore ijtihad ‘A’isyah is an opportunity to be enforced by emphasizing the age limit of adopted children who are allowed to breastfeed, so that adopted children have the status of maḥram.
Legalization of Pre-Marriage Agreement Pandhābā from Islamic Law Perspective: (A Case Study in Bakeong Village, Sumenep) Hosen, Hosen; Faizi, Moh.
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 5 No. 2 December (2020)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v5i2.1017

Abstract

The pre-marriage pandhābā legalization in Bakeong Village, Guluk-Guluk, Sumenep is a procession of efforts to free a pandhābā child from bad luck and all forms of distress in his life which are carried out before the marriage ceremony procession. There are two objectives in this research; first, to find out the procession of implementing the tradition, and the second how was the view of Islamic law on the tradition. The research used a normative-qualitative approach with a type of case studies. Collecting data through unstructured interviews, non-participant observation and documentation. Data were analyzed using deductions, presentations and conclusions deductively. Data sources were from people who understood and were directly involved in the implementation, and from other records relating to the object of research. The research results were, firstly; In the pandhābā legalization procession there were several stages, such as attributes (sesajen) to be used, rasolan and khatmil Qur`ān, and bathing the pandhābā children with the water of seven wells and campoan mixed with flowers. Second; this research of Islamic law toward the tradition is not found any deviation. Even this tradition can be said to be sunnah to do, because it was full of Islamic teachings such as alms and pray together.
Sumando Inheritance to Natal Muslim Community, Mandailing Natal District (Comparative Study of Islamic and Customary Law) Nasution, Muhammad Hasan; Siregar, Syahmedi; Harahap, Muhammad Yadi
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 5 No. 2 December (2020)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v5i2.1028

Abstract

Sumando is the joining of a husband to his wife’s family after the marriage. In the Natal District community system, a marriage bond will create inheritance. The difference is, the distribution of inheritance is carried out based on custom where women are the heirs. Daughters as the successors of descendants receive honor in various customary events, including in the distribution of inheritance. If this is viewed from the Islamic inheritance law system, this surely seems contradictory. This is because in Islam, the share of men heirs is twice as much as that of women. This research was a descriptive analysis with qualitative methods. This research showed that women in Sumando society are prioritized to get inheritance, but men were also if the inherited property was in the form of money, not goods. The Sumando indigenous people of Natal District still upheld the matrilineal system. Meanwhile, the distribution of inheritance based on Islamic law was patrilineal-martilineal. This meant that men and women have the right to inherit according to the provisions of their respective sections.
Absolute Competency Problems in Settlement of Mortgage Rights Execution Disputes of Islamic Banking in Religious Courts Riyyano, Ricky
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 5 No. 2 December (2020)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v5i2.1029

Abstract

Banking activities, especially credit/financing transactions, apart from the existence of trust between creditors and debtors, also require guarantees that have a high liquidity value in the form of material guarantees and individual guarantees. The District Court does not have the authority to resolve sharia economic disputes in any form, including the execution of the object of mortgage rights in Islamic banking which has issued Constitutional Court Decision Number 93/PUU-X/2012. If the ruling or decision issued by the district court is related to implementation the object of mortgage rights in sharia banking, then the stipulation or decision is not valid, this is because there is no regulation between the old law and the new law. This research used a normative juridical approach which was carried out through analysis obtained from library materials linked to statutory regulations and the concept of legal experts as the basis for research. The result of this research was that harmonization emphasized more on equating perceptions of the implied meaning without making editorial changes. Reconstruction of norms, including improving old laws or making new laws by changing the editorial staff of articles that still contain contradictions.
The Contextualization of Islamic Law Paradigms in the Pandemic Time Covid-19 as the Word of Religious Moderation Saputera, Abdur Rahman Adi
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 5 No. 2 December (2020)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v5i2.1074

Abstract

This study aims to investigate and analyze the adaptive and contextualization values of Islamic law during the Covid-19 pandemic, in order to occupy a more dynamic concept of religious moderation from a paradigm or thought perspective, by applying a design in the form of research (Library Research) using various library sources as the source of research data, it also applied a descriptive-normative approach to describe the pandemic as a real phenomenon, and began from the building as the source of the primary and secondary data to support, to be further processed using Fatwa No. 14 of 2020 and the Principles of Fiqhiyyah as a knife of analysis through the Descriptive Analytic Method Content process. The conclusions are drawn by applying inductive and deductive thinking methods. The contextualization effort in question is a form of embodiment of the value of religious moderation in a textual dichotomy but essentially integrates the moderation paradigm that has been popular so far focused in the washatiyah study discourse or only in tolerance between fellow of religious communities. The reflection of the paradigm of Islamic law during the pandemic period is to produce an ijtihad that commonly configures and elaborates normative texts with a progressive interpretation mode, as well as mediating and harmonizing the interrelation and domination of texts against existing realities, so that they actually produce an actual understanding as well as reflect the principles of Islamic law that is flexible, complete, and beneficial.
The Development of Family Law Materials in Bahtsul Masail Nadhlatul Ulama Setiawan, Agus; Maliki, Ibnu Akbar
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 5 No. 2 December (2020)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v5i2.1162

Abstract

Family law has a very important position in Islam. Its position as the core of sharia is related to the assumption that family law is a gateway to understanding more about Islam. The reform of Islamic family law in Indonesia has gone through a long and long process. In the process of its formation, the material for family law in Indonesia was taken from various sources, such as fiqh books, fatwas, and other sources of Islamic law. Nahdatul Ulama (NU) is one of the Islamic organizations in Indonesia that has contributed to the development of Islamic family law material. One of NU's real contributions in enriching material on Islamic family law in Indonesia is through the Lajnah Bahtsul Masail (LBM) forum. This paper will discuss the development of family law materials through the Lajnah Bahtsul Masail forum. This paper is the result of qualitative research. Sources of data in this study consisted of primary and secondary data. Analysis of the data in this study using content analysis method. Bahtsul masail as the collective ijtihad of NU members has made a real contribution to the development of Islamic family law material in Indonesia. Various new phenomena that arise both due to technology and cultural differences have received fiqh answers through bahtsul masail. This is indicated at least by the similarities between several legal decisions and the marriage law in Indonesia.
Trade Secret Protection as Part of Intellectual Property System: a Comparative Study of Indonesian and United States of America Trade Secret Law Febrina, Monica Yesica; Manullang, Sardjana Orba
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 5 No. 2 December (2020)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v5i2.1189

Abstract

Legal protection of intellectual property is an important element in supporting creativity and trade. Indonesia has ratified the Agreement and Trade Related Aspects of Intellectual Property Rights and has enacted Law number 30 of 2000 concerning Trade Secret. Legal protection of trade secrets aims to protect business actors in trade practices both regionally and internationally. In addition, protection of trade secrets can prevent unfair business competition. Thus, business people have wider opportunities to develop their creativity and business. This research method is a normative research with comparative research type. This study examines the comparison of intellectual property protection laws specifically regarding trade secrets with laws in United States. The purpose of this comparative normative study to examine the extent to which the Trade Secret Act can be effective in its application as can be applied in the Supreme Court Decision.

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