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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.
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Articles 11 Documents
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Search results for , issue "Vol. 9 No. 2 December (2024)" : 11 Documents clear
Dilematics of Domestic Husbands in Marriage in Singapore (Maqashid Sharia Perspective) Syukri Albani Nasution, Muhammad; Khadijah Binte Mahfuh, Siti
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.2331

Abstract

This study examines the phenomenon of domestic husbands in marriage in Singapore using the perspective of maqasid al-shari'ah, to understand the dilemma of the role of husbands in modern families. The main objective of this study is to explore the reasons behind the change in the role of the husband, who was previously the main breadwinner, to be the husband of the household, as well as how this relates to Islamic principles that emphasize family welfare. Through a quantitative and qualitative approach, this study analyzed interviews with several part-time and full-time working domestic husbands, as well as a survey that explored the social, economic, and cultural factors that influence these changes. The results of the study show that the role of the husband in the household not only includes financial responsibility, but also social, emotional, and spiritual aspects in shaping family well-being. In the perspective of maqasid al-shari'ah, the husband's responsibility is more than just financial support, but also includes the maintenance and protection of the family in various dimensions of life. This study provides new insights into understanding the role of domestic husbands in the context of modern families in Singapore, as well as the relevance of the application of maqasid al-shari'ah in the face of evolving social dynamics.
Comparative Analysis of Legal Recourses for Document Forgery in Civil Law: Indonesia and ASEAN Countries Hussy, Maharani Millenia; Tjempaka, Tjempaka
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.4358

Abstract

The practice of document forgery in civil transactions, often aiming to unjustly benefit one party over another, is a significant concern in many jurisdictions. This necessitates effective civil legal resources for the aggrieved parties to claim redress and compensation. In Indonesia, the approach to legal remedies is bifurcated into preventive and repressive measures, with the former encompassing legal provisions against document forgery and the latter involving the pursuit of civil litigation, as exemplified by cases such as the one adjudicated in Case Number 55/Pdt.G/2021/PnKpn by the Kepanjen District Court in East Java. This research aims to critically examine the civil legal remedies available in Indonesia for cases of document forgery, using the case as a focal point, and to contrast these with the corresponding legal frameworks in other ASEAN countries, including Malaysia, the Philippines, Brunei Darussalam, Singapore, Thailand, Vietnam, and Myanmar. The impetus for this comparative study stems from a recognized gap in the discourse surrounding document forgery within the civil law context. The methodology employed is normative legal research, involving an in-depth analysis of relevant civil codes and case law. This study’s findings highlight the nuances and effectiveness of legal resources against document forgery within these diverse legal systems, aligning with theories of legal protection.
Giving Dowry to Women Jasser Auda's Maqashid Syariah Perspective Meylinda Rosyidah, Meylin
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article examines Jasser Auda's maqashid sharia perspective on the problems of giving dowries to women. As is generally known, there are many journals or articles that study the standardization of giving dowry to women and the law on giving dowry. Here the researcher wants to examine more deeply about dowry from Jasser Auda's perspective, where it is known that Jasser Auda is a contemporary Muslim intellectual figure in both the Islamic and Western worlds and many of his books discuss maqashid sharia, so the researcher is interested in studying more deeply how the standardization of giving dowry for women according to Jasser Auda's maqashid sharia theory? This problem still gives rise to many differences of opinion, as in the Al-Qur'an, Surah an-Nisa' verses 4 and 20 and Surah al-Baqarah verse 237 which explains about dowry. This research uses qualitative research with a library research approach. The results of this research are that giving dowry to women from the perspective of maqâshid sharia, at least does not burden both parties, in accordance with the objectives of sharia (maqashid sharia), giving dowry does not burden men and does not make dowry matters easier.
Legal Standing of Insurance Policy Holders Regarding Applications for Delay of Debt Payment Obligations Due to Bankruptcy (Study of Commercial Court Decision Case Number 389/Pdt.Sus-pkpu/2020/Pn-Niaga.Jkt.Pst) Aji Titin Roswitha Nursanthy; Kurniawan, Dodi; Hindarsah, Yuliana
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.4969

Abstract

The proposed study will examine the legal protections afforded to insurance policyholders if their insurance provider declares bankruptcy. 2) In accordance with Case Decision No. 389/Pdt.Sus-PKPU/2020/PN.Niaga.Jkt.Pst., this research will analyze and determine the legal standing of policyholders regarding requests to postpone debt payment obligations resulting from bankruptcy. With a focus on both statutes and concepts, this study follows a normative juridical research methodology. According to the research, Article 53 of Law Number 40 of 2014 on Insurance provides legal protections for policyholders of insolvent insurance companies. In the same decision, the Panel of Judges confirmed that PT. Kresna Life Insurance (in PKPU) and all its creditors are bound by a settlement agreement, which includes mechanisms that protect policyholders from insolvency, such as actio pauliana, alignment of receivables, and settlement (peace). Law No. 37 of 2004 on Bankruptcy and Postponement of Debt Payment Obligations (PKPU) states that the signing of the peace agreement will officially end the PKPU. Additionally, in the same decision, insurance policyholders are considered preferred creditors in requests for the deferral of debt payment obligations due to bankruptcy. Due to the specifics of their receivables, certain creditors are required by law to be paid first before others. These creditors are known as preferred creditors, who have special rights under the law, giving them priority over other creditors based on the nature of their receivables.
Post-Divorce Copyright Legal Status: An Indonesian Legal Perspective Zahry, Ariel Alvi; Fidhayanti, Dwi; binti Muhammad Jebat, Damia Batrisyia
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.4978

Abstract

Decision Number 1622/PDT.G/2023/PA.JB is a new precedent for the world of Indonesian law in the future, especially regarding copyright in the context of divorce because it raises problems related to the distribution of economic rights after divorce that arise over copyrighted works. This research aims to determine the position of work objects created during marriage and the status of economic rights to work objects after divorce. The research method used in this research is normative juridical with a statutory and regulatory approach. Primary and secondary legal materials are obtained through literature studies and explained using grammatical and extensive legal interpretation. The research results show that the position of created objects owned during marriage can be considered joint property, with the emphasis on the principle of togetherness in the marital relationship. Referring to Article 37 of Law no. 1 of 1974 and Article 97 of the Compilation of Islamic Law, the economic rights status of post-divorce copyrights which become joint property can be transferred, either in whole or in part for certain reasons. Therefore, the division of copyright after divorce needs to consider the contribution of each party in creating the work as well as the economic value of the copyrighted work itself. This research provides an important contribution in understanding the position of creative works as intangible assets in marriage and their impact on the division of joint assets after divorce.
Penal Mediation of Petty Theft Cases Towards Restorative Justice Syauket, Amalia; Sriwidodo, Joko
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.5068

Abstract

Discussing legal inequality in the phenomenon of some cases of petty theft (gepriviligeerde diefsal) hurts the sense of justice in society. Because there is a conflict between legal certainty and justice. In the process of the criminal justice system, it takes a rather long and long time and sometimes even convoluted, so a legal breakthrough is needed using penal mediation. Penal mediation is closely related to restorative justice. While the spirit of penal mediation to realize restorative justice exists in each law enforcement institution for the reason of creating a sense of justice for witnesses so that the community is satisfied with the services carried out by investigators. The development of the idea of penal mediation cannot be separated from the development of the idea of restorative justice as one of the ideas of criminal law reform (penal reform), This qualitative research on normative juridical methods aims to find out how the form of penal mediation and the technical implementation carried out by law enforcement institutions, especially the Police Agency? The results of this academic study concluded that the form of penal mediation used in some cases of petty theft crimes at the Police Level is Victim Offender Mediation (VOM) with technical implementation through four phases. This VOM model is regarded as the most practical for implementation as it unites both parties, facilitating the accommodation of their interests to achieve restorative justice. Novelty: Political-legal construction in penal mediation arrangements as an attempt to adapt national legal development to global and international trends.
Misperceptions of the Government's Authority to Provide Legal Aid in Review of Hierarch Legislation Hanum, Roro; Syakir, Muhammad; Lidya Putri, Nyimas; Irawan, Hendra; Permana Putra, Aldi
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.5073

Abstract

The misperception of authority within the Metro City Regional Government has led to inconsistencies between Law Number 16 of 2011 and Metro City Regional Regulation Number 16 of 2013 regarding the implementation of legal aid. This misperception has also created a legal vacuum, as the Ministry of Home Affairs Regulation mandates the mandatory authority of the Regional Government, which is ignored in providing legal aid to the Minister, Regional Head/Deputy Regional Head, CPNS/PNS, while the Regional Government focuses more on regulations regarding legal aid for the poor. This research uses a qualitative approach to gain a deeper understanding of the law and regulation formation process. The data sources were obtained directly from the Metro City Regional Government, specifically from the Legal Section handling legal aid, as well as through social media, news websites, and government websites related to the archives of the formation of Regional Regulation Number 6 of 2013. The data analysis adopts Hans Kelsen's theory in General Theory of Law and State and the theory of the hierarchy of laws and regulations. Given the misperception that causes inconsistencies and a legal vacuum, a review of the existing regulatory hierarchy system is needed. To address this, it is necessary to review the local regulation to align it with Law Number 16 of 2011, through mechanisms such as judicial review or revisions by the local legislative body, although until now, there has been no follow-up from the Metro City Regional Government or the Provincial Government.
Strategies for Preventing Sexual Violence against Children Based on Islamic Law in Lampung Province Sulastri, Sulastri; Khairani; Mulhama, Siti Sholehah Alfi
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.5084

Abstract

Sexual violence against children is a global problem that requires the role of Islamic law in its prevention, starting from the formation of a healthy family to education in the family. This study aims to formulate strategies to prevent sexual violence against children based on Islamic law, using qualitative methods. The research subjects involved individuals involved in sexual violence cases in 8 districts/cities throughout Lampung Province. Data were collected through interviews, documentation, and Focus Group Discussions (FGDs), with analysis using the Miles and Huberman model and data triangulation. The results showed that prevention strategies include child-based education, health, law, and social community, working with religious leaders and recitation groups. However, these strategies have not been effective in reducing the rate of sexual violence against children. Therefore, a more comprehensive Islamic law-based strategy is needed, covering child protection from the womb to adulthood, parenting, education, and choosing the right partner. Recommendation: Stronger collaboration between families, communities and authorities is needed to raise legal awareness of children's rights and tackle child sexual abuse more effectively.
Involving Students in the Prevention and Handling of Sexual Violence in Universities (Study of the Effectiveness of Sexual Violence Regulation in Lampung Universities) Murdiana, Elfa; Dela Oktora, Nency; Yenti, Zarfina; Mahmudah, Nurul; Talib Ibrahim, Muhammad
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.5087

Abstract

This article aims to answer about the role and obstacles faced by students in preventing and handling sexual violence in universities in Lampung. By using qualitative methods and a philosophical approach and cultural approach, it is known that Article 24 paragraph 3 and Article 27 (Permendikbud Number 30 of 2021 stipulate strict rules governing student participation in the prevention and handling of sexual violence (PPKS) in public universities. In religious universities, the involvement of students in the prevention and handling of sexual violence is regulated in the Decree of the Director General of Pendis Number 1143 of 2024 concerning PPKS Technical Guidelines at PTKI, chapter III letter B. Based on the interview techniques carried out, it is known about the obstacles faced in mainstreaming the role of students in PPKS. The implementation of student involvement in preventing and handling sexual violence in higher education is still limited to the process and mechanism of socialization and education. This means that legal awareness of the role mandated by legal regulations is only at the level of growing knowledge. On the other hand, university facilities and infrastructure also contribute to reducing the role of students in PPKS So that universities must continue to strive to optimize student involvement in various programs that support the mechanism for preventing and handling sexual violence and continue to fight for the presence of PPKS facilities and infrastructure to realize a college without sexual violence.
The Role of the Regional Regulations of the West Sulawesi Province in Protecting the Local Wisdom of the Massau’ Tradition in the Mandar Tribe Astomo, Putera Astomo; AH, Arfhani Ichsan; Mohd Khambali, Khadijah binti
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.5097

Abstract

The issue related to the Massau’ Tradition is the lack of coordination between the regional government and the village government, resulting in the failure to socialize regional regulations on river management and utilization to the public. As a result, the Mandar people do not understand their rights, obligations, and prohibitions regarding river use, even though the Massau’ Tradition is closely linked to Islam, culture, and customs. Furthermore, the village government has not taken firm action against those who damage the environment around the river. This study aims to answer two questions: 1) How is the local wisdom of the Massau’ Tradition manifested by the Mandar Tribe? 2) What is the role of regional regulations in protecting the local wisdom of the Massau’ Tradition of the Mandar Tribe? The methods used are a legislative approach and legal sociology. The research results show that the local wisdom of the Massau’ Tradition in the Mandar Tribe is manifested through Panggaukang Ma’guna, Siola-ola, Pau Macoa, and Manjagai. The role of regional regulations in protecting this local wisdom is reflected in several aspects, such as the protection and management of the river environment, the Coastal Area and Small Island Zoning Plan, and the implementation of public order and tranquility by prioritizing customary and social norms, especially those that apply to the Mandar Tribe.

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