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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 262 Documents
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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.
an Interpretive Review of Interfaith Marriages and Validity in Indonesia Election Muhammad Hafis; Jumni Nelli
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 7 No. 2 December (2022)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v7i2.2707

Abstract

The issue of interfaith marriage in Indonesia remains a hot issue to be studied from various aspects, and not infrequently we still get interpretations of verses from the Quran and regulations that say, that interfaith marriage is legally permissible and valid, in this case, katakana only, for example, the opinion of Ahmad Nurcholis who is a counselor for interfaith marriage in Indonesia. So, in this journal article, the author will examine the verses of the Quran and the rules that are the basis for the law used whether marriages between different religions are used and how valid they are in Indonesia, then how strong the arguments that allow it is. This journal research is qualitative research using juridical and philosophical approaches, where the author examines the meaning and wisdom contained in the verse and examines the regulations related to interfaith marriage. The results of this study show that interfaith marriage cannot be justified either by using paragraphs or laws and regulations in Indonesia.
The Analysis of Judge Considerations in Decision Number 0077/Pdt.P/2019/PA.Tnk Concerning Marriage Dispensation and Its Implications Viewed from Mashlahah Perspective Yoki Pradkta, Hervin; Al-Farizi, Rifki Ilyas; Muhammad, Hasanuddin; Saefudin, Wahyu
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 7 No. 2 December (2022)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v7i2.2687

Abstract

Marriage dispensation is the granting of marriage permits to brides who are not yet of the age specified in the law with clear reasons, for example in this study dispensation is given to brides who have been permitted to marry by their parents, what is interesting from this research is the basic considerations of judges in giving perspective marriage dispensation problem. The main problem to be examined is the judge's consideration in the decision Number 0077/Pdt.P/2019/PA.Tnk regarding the dispensation of marriage and its implications. This research is a qualitative research with literature study(library research), characteristic descriptive analytic. The results of this study are: First, the judge's consideration is the most important aspect in determining a decision that contains legal certainty, justice, and contains benefits for the parties concerned and justice seekers. Viewed from perspective problem then the granting of a marriage dispensation in the decision is in accordance with maslahah ad-daruriyyah or fit for purpose advice' in order to safeguard the five aspects of Islamic law, namely safeguarding religion, soul, intellect, lineage and property which will certainly benefit the bride and her family, if this is not continued it will result in mafsadah. Second, Implications of the Judge's Decision Number 0077/Pdt.P/2019-/PA.Tnk regarding marriage dispensation has positive implications for the bride and her family, by granting permission to marry it will clarify the status of the child, avoid negative views from society and avoid acts adultery which is prohibited by religion
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.

Page 11 of 27 | Total Record : 262

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