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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 10 Documents
 1 
Search results for , issue "Vol. 8 No. 1 June (2023)" : 10 Documents clear
Pawn Agricultural Land Pawn Agricultural Land (boroh) as Debt Guarantee in the Legal Perspective of Mu’amalah Fiqh in Sibio-bio village, East Angkola District, South Tapanuli Ritonga, Sylvia Kurnia
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 8 No. 1 June (2023)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v8i1.2712

Abstract

The practice of boro (pawning agricultural land) has been a long-standing tradition in Si bio-bio village which is detrimental to one of the parties, namely the pawnbroker, but it is still being carried out. Seeing this phenomenon requires an in-depth study of the legal aspects of muamalah fiqh. This article is a qualitative descriptive study to reveal the practice of pawning agricultural land (boroh) in the village of Sibio-bio which is then studied in Sharia law. Data collection techniques using observation techniques, interviews, and document studies. While the data analysis technique uses data triangulation, namely data collection, classification, and verification (drawing conclusions). The results of this study indicate that the pawning of agricultural land (boroh) was carried out by the people of Sibio-bio village due to the lack of a strong desire to save. The money obtained from pawning agricultural land is used for several needs such as building a house, children's education costs, child marriage costs, business capital, and buying vehicles. Regarding the legal status of pawning agricultural land (boroh) in the village of Sibio-bio, the clerics differed on the use of pawned goods (marhun), the Syafi'iyah explained that murtahin could use them, Malikiyah said murtahin could not control them, hanbilah clerics and Hanafiyah allowed it with Rahin's permission. The conclusion of this study is that pawning agricultural land is an act that is permitted, and the use of this land may be controlled by murtahin with permission from Rahin, and of course, it must be stated when the pawn agreement takes place
Child Justice System in ‘Uqubat Dropping of Child Sexual Abuse of Children: (Case Study of Meulaboh Syar’iyah Court Decision Number 1/JN.Anak/2022/MS.Mbo) Fachruddin; Khalid; Yadi Harahap
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 8 No. 1 June (2023)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v8i1.2970

Abstract

Settlement of criminal cases against children who conflict with the law must be oriented towards the principle of "The Best Interests Of The Child," namely the child's best interests. The Law on the Juvenile Criminal Justice System exists as an embodiment of this principle, prioritizing Restorative Justice to create an agreement on the settlement of criminal cases. With its regional autonomy, Aceh Province has the independence to make its own rules in the form of Qanuns, including Qanuns to resolve criminal cases committed by children, one of which is Qanun number 6 of 2014 concerning Jinayah Law. However, there was disharmony between the Juvenile Criminal Justice System Law and the Jinayah Law Qanun in the trial process and the type of verdict handed down. As in the criminal case of sexual abuse committed by a child, In the Jinayah Law Qanun, there is a separate procedure for determining a sentence for a juvenile offender, which is different from the sentence handed down when referring to the Law on the Juvenile Criminal Justice System. Another example is that diversion is not recognized in the Qanun Jinayah Law, and it becomes an obligation when referring to the Juvenile Criminal Justice System Law. This contradiction also affects the quality of the decisions issued by judges, in this case, the judges of the Syar'iyah Court.
G Benefits of Leased Objects Renting Through the Boterindriver Application Perspective of MUI Fatwa No/09/DSN-MUI/IV/2000 Siregar, Gindo; Zahara, Fatimah
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 8 No. 1 June (2023)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v8i1.3191

Abstract

In accordance with technological developments, many applications provide transportation services for the community, especially in driver applications. Many people want to become driver partners because the requirements are easy and it's also free when joining as a driver. This makes the online motorcycle taxi's income to be small. The impact of these conditions resulted in unhealthy competition between drivers. One of them is by adding features, namely the boteridriver application. The boteridriver application is an illegal application made by someone to earn more income by manipulating data, location, and distance. The focus of this research is to find out the practice of using the driver application in the city of Medan and the views according to the MUI fatwa No/09/DSN-MUI/IV/2000 regarding the practice of renting driver applications in the city of Medan. This type of research is qualitative research using field methods and by conducting interviews with online motorcycle taxi drivers and the public. The results of this study will conclude that the practice of using the boteridriver application only provides a few advantages for users and receives many disadvantages for users of the boteridriver application, the public, companies and drivers who do not use the application. The Boteridriver application rental prices vary, where the practice of renting the Boteridriver application used by online motorcycle taxi drivers is not in accordance with Islamic sharia provisions placing its placement in MUI fatwa No/09/DSN-MUI/IV/2000 which applies to the public.
Law Number 11/2012 on the Juvenile Criminal Justice System in Overcoming Street Crime "Klitih" in Yogyakarta City Isnawan, Fuadi
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 8 No. 1 June (2023)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v8i1.3197

Abstract

Street crime by teenagers in the city of Yogyakarta is evolving in its motives, it is no longer a matter of gangs between schools but has expanded beyond that. The motives also vary, from just a whim to show their strength to the intention to show their strength by hurting other innocent people. The Yogyakarta City Police have taken decisive action, they have made various preventive and repressive efforts to tackle street crime, but it is not enough to minimize the existence of these crimes. This paper will examine the factors that hinder the police from tackling street crimes and how to make teenagers aware of them. This writing is done in an empirical juridical manner to review the two things that are used as topics in this paper. The results obtained include the use of the Juvenile Criminal Justice system which is less able to prevent street crimes committed by adolescents in Yogyakarta City, because it is like a double-edged knife which means that the imposition of punishment must pay attention to the best interests of the child, while what is done has posed a threat and even caused real victims. Things that can be done to overcome can be done intensive counseling in schools about it. The suggestion given to overcome street crime is to be a little firmer in sanctions so that the function of the criminal law itself can protect people and provide a deterrent effect for the perpetrators.
Discontinuation of Prosecution Theft Crime Through Humanist Restorative Justice House in Islamic Criminal Law in Lampung Fatonah, Rini; Daffa Ladro Kusworo
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 8 No. 1 June (2023)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v8i1.3214

Abstract

The existence of restorative justice certainly brings a new paradigm in the settlement of criminal cases, by seeking to settle cases solely outside the court. The implementation of restorative justice-based termination of prosecution can be applied to the crime of theft as the highest number of cases in Indonesia. Meanwhile, there has recently been the establishment of restorative justice houses in each jurisdiction of the prosecutor's office to optimize the resolution of all legal problems by filtering cases that go to court, dissemination of law to residents, and being able to develop local wisdom by involving local traditional leaders to emphasize consensus deliberation. In essence, Islamic law is a modern law because it has recognized the form of restorative justice settlement in jarimah qisas and diyat. The concept of restorative justice in Islamic criminal law is carried out through peace and forgiveness by realizing the creation of justice and balance for the perpetrators of criminal acts and the victims themselves. The research approach is to use a normative juridical method with reference to laws and regulations sourced from primary data and literature studies originating from criminal law literature in Indonesia, which is then processed into a specific conclusion. The results of the study show that humanist restorative justice houses are an alternative to solving cases of theft. the embodiment of restorative justice in a hybrid way within the prosecutor's office will be achieved as a humane law enforcement agency in Lampung province. Forgiveness given by the victim, or his family can cancel the kisas punishment. Through the concept of diyat, compensation for compensation for the consequences of the crime can be felt directly by the victim or his family
The Application of Islamic Law to Improve Cultivating Humanity in Indonesia in Terms of Multicultural Fiqh Nur Salsabil Juventania Syahputri; Sayyaf, R. Tanzil Fawaiq
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 8 No. 1 June (2023)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v8i1.3398

Abstract

The creation of this paper aims to find out how the efforts of Islamic law in improving the cultivation of humanity of society in Indonesia in terms of multicultural fiqh. To be able to achieve this goal, this article is written using the library research method, this article has three problems that will be discussed later, namely, what is meant by cultivating humanity, understanding multicultural fiqh, and how Islamic law efforts in increasing cultivate humanity Indonesian society according to the perspective of multicultural fiqh. In general, many researchers emphasize observations on general problems, while the problems written in this article have not been raised as objects of research before. So, this article is considered necessary to be made as a first step in reviewing the above problems. The topic of this problem is interesting to discuss because there are not many journal articles that discuss cultivating humanity in the scope of multiculturalism and multicultural fiqh, most previous researchers discussed general discussions and only focused on conflict management and education. This article provides new ideas on efforts to increase cultivating humanity in Indonesian society which highly upholds cultural heritage values but is associated with multicultural fiqh in solving issues that occur amid society.
Mediation Procedure in Religious Courts in Indonesia in the Perspective of Thought Wahbah Al-Zuhaily Suhastra, Pahruroji
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 8 No. 1 June (2023)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v8i1.3486

Abstract

Marriage is expected to be harmonious and happy. However, there are still many domestic disputes that end in divorce. Divorce cases in Indonesia are still very high. Divorce has many negative effects. Efforts to maintain the integrity of the household is necessary. One of them is mediation. This study aims to find out how the mediation procedure at the Religious Courts in Indonesia is in the perspective of Wahbah Al-Zuhaily's thought? Research conducted by the author using a type of library research (Library Research). While the approach is descriptive analysis; in this case describing and explaining conceptual phenomena. Literature study with main sources At-Tafsir al-Munir fi al-qidah wa al-Syari'at wa al-Manhaj and al-Fiqh al-Islamy Wa Adillatuhu by Wahbah al-Zuhaily and Supreme Court Regulation No. 1 of 2016 governing procedures mediation in court. From the research that has been conducted by researchers, it can be concluded that there are some similarities between the mediation procedures that apply to the Religious Courts in Indonesia and Wahbah al-Zuhaily's views in terms of the importance of mediation in efforts to reconcile disputes and disputes that occur between husband and wife. Likewise, in the main principles of mediation, mediation procedures at the Religious Courts in Indonesia are in line with Wahbah al-Zuhaily's thoughts. As in the qualifications of the judge or mediator and the limits of his authority in conducting mediation. Hopefully this research will bring benefits both theoretically and practically to all interested parties.
The Flexibility of Islamic Law: Criticism Toward the Intepretation of Indonesia Online Preacher on Youtube for Covid-19 Baihaqi, Yusuf
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 8 No. 1 June (2023)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v8i1.3487

Abstract

The existence of YouTube as a social media video platform that is easily accessible and has a wide reach, is often used to share ideas, concepts, and thoughts, especially when the Corona pandemic hit the world, preachers were no exception. This article examines the interpretations of preachers on YouTube media regarding Covid-19 that conflict with the adaptability of Islamic law.This article employs an analytical descriptive, the writer evaluates Youtobe-based online da’wah content with a focus on the interpretation of Covid-19, then analyzes it based on a flexible approach to Islamic law. A study of the online preachers' interpretations shows there is ambiguity in the opinions of online preachers about Covid-19 epidemic. This interpretation is similar to their claim that the prohibition and restrictions of the pilgrimage during the Covid-19 period were part of a conspiracy against the Islamic faith, the prohibition on congregational prayers during the Covid-19 period was seen an insult to the Islamic religion and keeping distance during congregational prayers during this time was in violation of Prophet's Sunnah. The writer states that the fundamental cause of the conflicting interpretation of Islamic law is a lack of knowledge of how flexible it is.
Legal Verses About Women's Dignity and Actualization of Gender Equality in the Family Nawawi, M Anwar; Zainuri, Muhammad; AB, Balik Jaya; Ibrahim, Rosita
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 8 No. 1 June (2023)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v8i1.3647

Abstract

This article is about legal verses related to the noble status of women. So far, some people still think that the status of women is not as special as that of men. Such an assumption has a serious impact on gender inequality in the household, women are often positioned as officers who play a role in "wells, kitchens and mattresses". Whereas in the Qur'an the position of men and women in the family sphere has the same degree, has the same rights and obligations, has the same dignity. The focus of this article is to find the verses of women's law and their actualization of gender justice in the family. This type of article is library research (literary research), using a qualitative approach with discriminatory-analytic analysis, this article explains the verses about the glory of women in Islam. From several stories in the Koran, especially verses about the glory of women. It can be said that Islam came to proclaim the humanity of women as whole human beings. Women are noble beings who have dignity and worth. Islam asserts that all humans (male and female) are created from the same element (nafs wahidah). Islam is very strict about placing women as equal partners to men, including in the family.
Actualization of Imam Al-Ghazali’s Maslahah Concept in the Context of Mixed Marriage arifin, zarul
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 8 No. 1 June (2023)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v8i1.3169

Abstract

This abstract discusses the actualization of Imam Al-Ghazali's concept of maslahah within the context of mixed marriages. Imam Al-Ghazali, a prominent Islamic scholar, emphasized the importance of maslahah, which refers to the pursuit of societal welfare and the realization of benefits. Mixed marriages, involving individuals from different religious or cultural backgrounds, have become increasingly common in today's globalized world. However, such unions often present challenges, including cultural clashes, differing religious practices, and potential conflicts within families. In the context of mixed marriages, the concept of maslahah can play a significant role in promoting understanding, harmony, and social cohesion. It encourages individuals and communities to focus on the shared benefits and well-being derived from such unions. By prioritizing maslahah, couples can strive to find common ground, respect each other's beliefs, and foster an inclusive environment that embraces diversity. Imam Al-Ghazali's concept of maslahah emphasizes the importance of mutual consultation (shura) and the preservation of essential values and principles in society. Applied to mixed marriages, this concept encourages open dialogue, understanding, and compromise between partners and their respective families. It highlights the need to prioritize the well-being of individuals and society as a whole over individual desires or differences. The actualization of Imam Al-Ghazali's maslahah concept in the context of mixed marriages requires active engagement from religious scholars, community leaders, and families involved

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