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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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The Problems of the Independence of Judicial Power in Indonesia in a Review of Islamic Law Agustian, Tomi; Salim, Choirul
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 6 No. 2 December (2021)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v6i2.1896

Abstract

Article 24 paragraph 1 of the 1945 Constitution "Judicial power is an independent power to administer justice to uphold law and justice". Will However, Article 24A paragraph 3 makes a provision that candidates for Supreme Court judges are proposed by the Judicial Commission to the DPR for approval and subsequently appointed as Supreme Court justices by the president and the Supreme Court Law states that the appointment of Supreme Court Judges is carried out by the President at the proposal of the DPR or the dismissal of the Chair, Deputy Chairperson. , Junior Chairmen, and Member Judges of the Supreme Court are dismissed by the President at the suggestion of the Supreme Court, so that the President has loopholes that can later affect the psyche of judges in making decisions. This study aims to determine the independence of judicial power in Indonesia in the perspective of Islamic law. This study uses a normative and juridical approach. The authors conclude that the proposal for the appointment and dismissal of Supreme Court judges by the Judicial Commission, the DPR and the President may affect the psychology of a judge in making a decision so that This can eliminate the meaning of Article 24 paragraph 1 of the 1945 Constitution which shows the lack of independence of the judicial power in upholding justice in accordance with the ideals of the 1945 Constitution. Indeed, in the history of the Islamic judiciary, it is the Caliph (President) who has the authority to appoint and dismiss a judge/qhadi. judges have a fear of Allah so that judges decide cases based on Islamic law.
Formulation of the Proposed Regional Regulation (Raperda) on Islamic Boarding Schools in Salatiga City after the Ratification of Law No. 18 of 2019 concerning Islamic Boarding Schools in the Era of Regional Autonomy Dardiri, Ahmadi Hasanuddin; Miftahuddin, Mifathuddin
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 6 No. 2 December (2021)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v6i2.2006

Abstract

This research discusses the formulation of the proposed Raperda in Salatiga City which until now has not published the Raperda Pesantren as a mandate from Law no.18 of 2019 concerning Islamic Boarding Schools. This research is expected to be a guide for the Salatiga city government in making the Raperda Pesantren so that it does not conflict with the spirit of the issuance of the Pesantren Law. This study uses an empirical juridical method by analyzing the attribution of the Islamic boarding school law to the local government in a juridical context and conducting interviews with data sources related to the non-accommodation of the regional regulation on boarding schools in Salatiga City. The results of this study conclude two things. First, the Raperda of Islamic Boarding Schools in Salatiga City has not been accommodated because the Salatiga City Government believes that Islamic boarding schools are religious matters that cannot be autonomous, or are not educational matters. Second, the formulation of the proposed Raperda in Salatiga City covers 3 main things, namely: 1) the involvement of the Salatiga City Government in the provision of education by facilitating cottages or dormitories and mosques or prayer rooms; 2) the involvement of the Salatiga City Government in the Islamic boarding school's missionary function; and 3) the involvement of the Regional Government in the function of community empowerment.
The Effectiveness of Religious Affairs Office Role of Deli Serdang Regency in Implementing Sakinah Family Guidance Services Ardiansyah, Ardiansyah; Marpaung, Watni; Siagian, Abdul Hakim
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 7 No. 1 June (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.v7i1.2161

Abstract

Research thesis is The Effectiveness of the Role of Religious Office of the District Deli Serdang in Implementing Sakinah Family Guidance Service (Study of Anlysis of High Divorce Rates in Deli Serdang Regency. Type of this research is qualitativ, with normative and empirical approach. The primary source in this research is the regulation of the Minister of Religion of the Republic Indonesia Number 34 of 2016, article 3. The results of observations, documentation and the result of interview with several informants Sub-Distric Role Religious Office and community in Deli Serdang Regency. Research result: The effectiveness of the role the sub-district Religious Affairs Office in Deli Serdang Regency in implementing sakinah family guidance services. In general, the sakinah family guidance services carried otu by the Religious Affairs Office in Deli Serdang Regency have been carried out well and effectively in accordance with the amant of the Regulation of the Mininster of Religion of Republic Indonesia Number 34 of 2016, article 3 regarding guidance of the sakinah family, maximum support is needed form the partisipant. Government to implement regulations related to the guidance of sakinah families, increase the period of implementation of activities, provision of facilities and sufficient funds, as well as adequate staff.
The Urgency of Mediation of the Religious Courts System on Islamic Law Perspective Dharmayani, Dharmayani; Hermanto, Agus; Hidayat, Iman Nur; Rakhmat, Rakhmat; Setiawan, Agus
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 7 No. 1 June (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.v7i1.2288

Abstract

Mediation is a Religious Court facility to resolve disputes outside the court; however, it is often found that the phenomenon of cases that have not been completed from the handling of mediation, for example, in family law disputes, is divorce. What is interesting to study is, what is the role and position of mediation in the Religious Courts? This paper aims to describe and analyze the role and function of mediation in the religious court environment, with the type of qualitative research in the form of library research. The conclusion of this study is that the court has carried out the mediation process with the position of the judge as a mediator. In contrast, the judge is the main role as well as the policymaker, so it becomes a very difficult task to be able to resolve cases outside the court plus, a case that has been entered into court are cases that have been screened through family, community and even customary approaches, and did not visit thoroughly and then refer to the court, what is often the problem is that the mediator who has been the judge, while the judge has a dual role, namely adjudicating and concurrently being a mediator
The Role of the Namora Natoras Mandailing Traditional Institutions in Forced Marriage in Affairs Cases Nasution, Muhammad Idris; Adly, Muhammad Amar; Nurcahaya, Nurcahaya
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 7 No. 1 June (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.v7i1.2298

Abstract

Forced marriage has no legitimacy in Indonesian marriage law, and is instead categorized as a crime of sexual violence. However, these forms of forced marriage are still common, especially in the case of adultery, as happened in Mandailing, and gain legitimacy from its customary institutions. The purpose of this article is to describe how the role and perception of Namora Natoras in forcing an adulterer's marriage to the principle of consent of the bride and groom. This juridical-empirical research was conducted by collecting data through interviews and other secondary data. The data was processed qualitatively by using content analysis. The results show that Namora Natoras plays an effective role as a customary justice institution in cases of forced marriage in adultery cases, in order to fill the legal vacuum. In Namora Natoras' perception, forcing an adulterer to marry an adulteress is a customary sanction, as an effort to find a balance of nature and provide a deterrent effect, preventing children from being born out of wedlock, a form of repentance, and a form of protection for women to avoid worse perceptions from society. Namora Natoras is of the view that forcing adulterers to marry is more beneficial than upholding the principle of consent of the bride and groom in this case in order to protect the rights of women and children
Muhammad Syahrur's Thoughts on Inheritance from the Maqasid Al-Shari’ah Perspective and Hermeneutics Sedayu, Rahmat Agung
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 7 No. 1 June (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.v7i1.2330

Abstract

Muhammad Syahrur is a phenomenal figure who can present a contemporary reading model packaged with hudud theory. Through his hudud, inheritance is hududullah which has al-Hadd al-'Ala wa al-Hadd al-'Adna (maximum and minimum limits). The maximum limit for boys is two girls, and the minimum limit for girls is one boy. The purpose of this article is to assess Muhammad Syahrur's thoughts on inheritance using two approaches, namely maqasid al-Shari'ah and hermeneutics. This research is qualitative research with the type of library research (library research), using library research aimed at revealing how Muhammad Syahrur thought about inheritance using maqasid al-Shari'ah and hermeneutics. Whereas in data collection using library techniques. The data analysis process uses content analysis techniques (content analysis), namely research techniques by looking for the form, structure, as well as regular patterns in the text and make conclusions based on regularity found. This study uses a text-to-context approach, which seeks to reveal and examine in depth Muhammad Syahrur's contemporary reading of the inheritance verse with the hudud theory. Results this study concludes that: 1) Maqasid al-Shari'ah to be addressed is maqasid al-Khassah, because setting a minimum limit for girls is an attempt to reject darar (danger), as Jalbu al-Mashalih wa Dar'u al-Mafasid, namely when girls contribute more than boys but share less. The existence of maqasid al-Khassah because it considers maslahah al-Khassah which is aimed at girls when they are more beneficial to the heir than boys. 2) On the hermeneutic plain, Syahrur rereads the inheritance verse which is hududullah. If the heirs consist of one son and two daughters, the daughter's share cannot be less than 25% and the son's share cannot be greater than 50%. If girls get 30% and boys 40%, then this division does not come out of hududullahh.
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.
Islamic Family Law Juridical Analysis of Case Number 014/Pdt.P/2015/PA.Stg Regarding Refusal of Kawing Dispensation at the Sintang Religious Court Wiranti, Wiranti; Muhibbin, Mohamad; Thamrin, Dahlan
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 7 No. 1 June (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.v7i1.2356

Abstract

The problems that occurred in the field, especially in the Sintang Class II Religious Court, were found from all the existing cases, there was one case that was rejected, namely case Number 014/Pdt.P/2015/PA.Stg. The purpose of this study is to describe and analyze the basic considerations of the judges of the Sintang Religious Court, the Juridical Factors against the rejection of the marriage dispensation, and the legal consequences of the rejection of the marriage dispensation based on the case decision Number 014/Pdt.P/2015/PA.Stg. This study uses a descriptive method with a qualitative approach. Data collection techniques are carried out through interviews, observation and documentation, and data analysis techniques are carried out by data reduction, data display and drawing conclusions. The results of this study indicate that the marriage dispensation procedure at the Sintang religious court is in accordance with the rules, only in case number 014/Pdt.P/2015/ PA.Stg.hakim using the rule. heavier harm by doing the lighter of the two." The factors that caused the rejection of the case were because the applicant's child objected and he was mature enough to marry the applicant's child's prospective wife.
Legal Status of The Li'an Children Recognition: Comparison of The Mazhab Malikiyah and The Compilation of Islamic Law Bahri, Andi Syamsul
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 7 No. 1 June (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.v7i1.2381

Abstract

This study discusses the Legal Status of Li'an Child Recognition: Comparison of the Madzhab Malikiyah and the Compilation of Islamic Law. The essence of the problem in this study lies in the difference of opinion on the time limit for the recognition of li'an children or submission to court according to the Madzhab Malikiyah and KHI. The purpose of the study was to compare the Madzhab Malikiyah of Law and the Compilation of Islamic Law about Li'an children. With this research, it is hoped that it can become a reference for science in general and Islamic science, especially for legal science. The researcher uses library research with a normative approach. Data collection is done by collecting and reviewing books, journals and e-books related to marriage, the four madzhab of jurisprudence, compilation of Islamic law and Li'an. This study results that the Mazhab Maliki provides for the wife's holy period of three menstruation, or one menstruation is the time limit for denying a child for the husband, while according to the Compilation of Islamic Law it cannot show the time limit for the husband to deny the child. The Compilation of Islamic Law only emphasizes when submitting the denial of a child to the religious court that a husband who wishes to file a denial of a child must not exceed 6 months from the time the child is born. As for the comparison of the Li'an oath, Imam Maliki and the Compilation of Islamic Law have elements of the same opinion and refer to Islamic Law, namely: Li'an is carried out before a judge, Li'an results in divorce between husband and wife after Li'an completed, which causes a permanent divorce, and it is forbidden for both parties to get back together. Meanwhile, in terms of differences only lies in the time limit for the denial of Li'an's children
Analysis on the Decisions of the Tanjungkarang and Metro Religious Courts toward State Civil Apparatus Divorce Case On Islamic and Positive Law Perspective Mu'in, Fathul; Firdaweri, Firdaweri; Muhammad, Hasanuddin; A, Habib Shulton; Nawawi, M Anwar
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 7 No. 1 June (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.v7i1.2442

Abstract

Artikel ini membahas tentang perceraian di kalangan Aparatur Sipil Negara (ASN) yang masih marak terjadi. Padahal sudah banyak anggaran serta peraturan pemerintah yang bertujuan untuk harmonisasi rumah tangga para ASN. Abdi negara dituntut untuk disiplin dan mampu menunjukkan prestasi kerja, di sisi lain juga berkewajiban menjaga keutuhan rumah tangganya. Penelitian ini termasuk penelitian normatif yang datanya diperoleh dari Pengadilan Agama Kelas I Lampung yang meliputi Pengadilan Agama Tanjungkarang dan Pengadilan Agama Metro. Artikel ini menyimpulkan faktor penyebab perceraian adalah faktor internal dan eksternal. Penyebab perceraian ASN di Pengadilan Agama Tanjungkarang dan Metro adalah faktor perselisihan dalam rumah tangga serta faktor ekonomi. Meski berprofesi sebagai ASN, dianggap belum mampu mencukupi kebutuhan rumah tangga. Dalam konteks hukum Islam, perceraian boleh dilakukan apabila perkawinan diteruskan akan menimbulkan mafsadah bagi keduanya, karena sudah tidak ada keharmonisan antara suami istri. Sedangkan dalam hukum positif faktor tersebut boleh menjadi alasan untuk bercerai.

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