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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 Establishment Village Regulation of Problematic in West Sulawesi Province Reviewed from a Sociology of Law Perspective Astomo, Putera Astomo; Rais, M. Tasbir
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 8 No. 2 December (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.v8i2.4207

Abstract

The establishment of village regulations in West Sulawesi Province creates problems, especially in sociology of law perspective because it is closely related to the lives of village communities which were regulated in a village regulations betweens: 1) The lack of knowledge of village government officials in the establishment of village regulations. 2) The village regulations drafts were not socialized by village government officials regarding asking for input from the communities until it was passed into a village regulation. 3) The village regulations cannot be implemented. The problems formulation includes: 1) How is the relationship betweens the establishment legislation of principles with the establishment of village regulations in sociology of law perspective? 2) How is forms of problems arise in the establishment of village regulations in West Sulawesi Province were reviewed from a sociology of law perspective? The type of research was sociolegal research. The results show that’s: 1) The relationship betweens the establishment legislation of principles with the establishment of village regulations in sociology of law perspective can be seen in efforts to uphold internal sociological values of establishment legislation of principles. 2) Forms of problems arise in the establishment of village regulations on West Sulawesi Province were viewed from a sociology of law perspective betweens: a) The type, hierarchy and content of village regulations were not appropriate. b) Cannot be implemented. c) The formulation was not clear. d) Don’t open.
Legal Analysis of Incest Marriage in the Suku Anak Dalam (SAD) Community in Rupit District, South Sumatra, Indonesia Kusmawaningsih, Susi; Mauliyanti, Anita; Kloos, David; Azhari, Ari; Purnama Ratu, Liliany
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 8 No. 2 December (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.v8i2.4253

Abstract

This article examines incestuous marriage in the Suku Anak Dalam/SAD community from a legal perspective. Juridically, incestuous marriage is prohibited because it negatively affects the risk of children who can experience birth defects and a high risk of death due to lack of genetic variation and a weak immune system. Incest marriages in the SAD community are organised in a hereditary manner that has become a culture. The focus of the study of this article is to find out the reasons why the SAD community conducts incest marriages and how the law views the risks of incest marriages on the children born, especially in the SAD community. The type of research method is qualitative research with a phenomenological approach. This research was conducted in Sungai Jernih Village, Rupit Sub-district, North Musi Rawas Regency, data collection techniques through observation, interviews and documentation, data analysis techniques using an inductive framework with legal theories. The research findings show that one of the factors of incestuous marriage in the SAD community is the strong SAD customs. The Village Government in Sungai Jernih Village, Rupit Sub-district, North Musi Rawas Regency has tried to reach out to the interests of the chief or head of the community group to prevent inbreeding, but this has not been successful because the chief is very concerned with his community and the SAD community strictly adheres to customs. Incestuous marriage, which is still practised in the SAD community, aims to obtain offspring between their tribes and the culture of their ancestors is not lost, this is to continue the offspring so that the existence of SAD is maintained, even though incestuous marriage has a negative impact.
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.
The Traditional Wedding Feast of the Nias Gunungsitoli Muslim Community: Positive Law Perspective and Maqāṣid Ash-Sharī`ah Gulo, Hadyan; Syam, Syafruddin; Nurcahaya, Nurcahaya
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 1 June (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.v9i1.4413

Abstract

The traditional Nias wedding procession of Gunungsitoli City studied relates to famasao marafule, which is divided into fanema marafule, baru safusi and kofo. Problem formulation: 1). How is the procession of the traditional wedding feast carried out by the Nias Muslim community in Gunungsitoli City? 2). How is the procession of the traditional wedding feast carried out by the Nias Muslim community of Gunungsitoli City from the perspective of positive law? 3). How is the procession of traditional marriage feasts carried out by the Muslim community of Nias Gunungsitoli City from the perspective of maqāṣid ash-sharī`ah? Analysing these problems using positive law and maqāṣid ash-sharī`ah approaches. Perspective of Positive Law, contrary to Article 106 of the Civil Code, contrary to Article 3 of KHI because it does not realise sakīnah, mawaddah and raḥmah. The traditional marriage procession of Nias Muslims in Gunungsitoli City is contrary to Article 34 paragraph (1) and paragraph (2) of Law Number 1 of 1974 concerning Marriage, the marriage procession of famasao marafule (fanema marafule, baru safusi), the husband and wife cannot carry out their obligations, the husband does not want to provide maintenance because his wife does not live with him, while the wife cannot take care of her household because she still lives with her parents. The procession of the traditional Nias marriage ceremony in Gunungsitoli City with the condition that the husband and wife live together implemented by the Nias Muslim community in Gunungsitoli City from the perspective of Maqāṣid ash-Sharī`ah violates ḥiẓhud dīn and ḥifẓul `aql in Maqāṣid ash-Sharī`ah.
Problems of Criminal Sanctions for Narcotics Abuse: Comparative Study of National Crime and Islamic Crime Mulyani, Melita; Hasuri
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 1 June (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.v9i1.4502

Abstract

Narcotics abuse is one of the serious problems faced by the Indonesian state. Narcotics have many negative impacts. In Indonesia, the legal approach to dealing with this problem includes the application of criminal sanctions regulated in national law. However, in Indonesia as a country with the largest Muslim population in the world, the relevance and influence of Islamic law in regulating sanctions for narcotics abusers cannot be ignored. This study uses a qualitative method with a normative juridical approach. With the results of the research: criminal sanctions in Law no. 35/2009 include various forms of punishment, ranging from imprisonment to the death penalty, depending on the type and number of narcotics abused. In national law, more attention is paid to the human rights of narcotics violators. Meanwhile, heavier sanctions such as the death penalty are applied in Islamic law, aiming to provide a deterrent effect. Obstacles to handling and preventing narcotics abuse: weak coordination between agencies, limited rehabilitation facilities offered, lack of awareness, community, etc. Efforts to avoid narcotics abuse consist of pre-emptive efforts, preventive efforts, and repressive efforts. In addition, providing religious education from an early age to families, and selecting the use of media can also be done to prevent narcotics. The author's suggestion for the discussion of this research is the need for comprehensive cooperation between law enforcement officials and the community to achieve an orderly and prosperous life so that narcotics abuse in Indonesia can be resolved.
The Role of the State in Recognising the Customary Rights of Indigenous Peoples Yustihasana Untoro, Utami; Konny Umboh, Nova; Agusta Fahlevie, Rinaldi
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 1 June (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.v9i1.4618

Abstract

This research evaluates the role of the state in recognising the customary rights of indigenous peoples. The issue at hand is conflict between indigenous peoples, private companies and individuals over the utilisation of customary land for various purposes. The focus of this research is a legal analysis of the role of state institutions in supporting the recognition and protection of customary rights of indigenous peoples. This research also aims to explain the relevance and purpose of state regulation in the recognition of indigenous peoples' customary rights in Indonesia, identify and analyse the problems faced by indigenous peoples' customary rights in Indonesia, even though normatively these rights have been recognised by the state and develop solutions for the fulfilment of indigenous peoples' customary rights in Indonesia by collaborating relevant theories.The type of research used is normative juridical, with an approach that involves the study of theories and concepts as well as research into legislation relevant to the topic. The results show that existing regulations are adequate, and the state is committed to recognising and protecting the rights of indigenous peoples. However, effective implementation still requires a more collaborative approach to overcome various obstacles.
Regional Legal Politic Problems Concerning the Rights of Customary Law Communities in Majene Regency, West Sulawesi Province Astomo, Putera Astomo; Rizal Putri, Faradillah; Sungkharat, Utit
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 1 June (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.v9i1.4619

Abstract

The Majene Regency Government established the Regional Regulation of Majene Regency West Sulawesi Province Number 1 of 2023 concerning Recognition of Protection and Empowerment of Customary Law Communities, but this caused problems, receiving a lot of criticism from various groups regarding the recognition mechanism for Customary Law Communities, which had an impact on the rights of Customary Law Communities in the Regency. Majene, West Sulawesi Province. This research aims to determine and analyze the regional legal politics related to the recognition and protection of Customary Law Communities in Majene Regency, West Sulawesi Province. Besides that, the impacts arising from the implementation of regional regulations on the rights of Customary Law Communities in Majene Regency, West Sulawesi Province. The type of research is doctrinal/normative legal research, the approach method used is legislations (statute approach), and primary data obtained at the West Sulawesi Province Legal Documentation and Information Network (JDIH). The results of this research, namely the impact arising from the implementation of the regional regulation on the rights of Customary Law Communities in Majene Regency, West Sulawesi Province, is that this regional regulation is detrimental to the rights of Customary Law Communities, such as not adhering to an independent identification system (self-identification) regarding the existence of Customary Law Communities. Apart from that, the identification, verification and validation teams for Customary Law Communities regulated in this regional regulation were not related to each other or in other words did not form a unified whole.
Mubadalah in Fulfilling the Rights and Obligations of Contemporary Husbands and Wives Bunyamin, Mahmudin; Nurjanah, Siti; Hermanto, Agus; Santoso, Rudi; Rochmad, Rochmad
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 1 June (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.v9i1.4623

Abstract

The man is the head of the household, and the wife is the housewife. That is the paradigm embedded in our society in general, because so far men have always been the main ones at the forefront while wives have always been in a limited area. The problem is that contextually, the role of women is no longer in the domestic area alone, but many have also played a role outside the home to help their husbands earn a living. The question is how can the rights and obligations of husband and wife be exercised in this context? The purpose of this research is to obtain a reconstruction of new rights and obligations that are based on fikih mubadalah. This research is a literature review, qualitative type with a mubadalah approach. The result of this research is that the partners between men and women in realising justice in the household must be equal, such as mutual deliberation, mutual democracy and mutual kindness in relationships.
A Review of the 'Urf Tradition of Mangompa Manuk in Mandailing Traditional Party: Case Study of Mandailing Community Urrahman, M. Aulia; Madina, Dinda Difia; Kurniawan, M. Rafli
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 1 June (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.v9i1.4665

Abstract

In this paper the author will examine the tradition of Mangompa Manuk (Carrying Chicken) in the traditional wedding party of Mandailing people that has existed for a long time. Mandailing people believe that this tradition must be carried out because this tradition is one of a series of stages in traditional Mandailing marriage. The purpose of this research is to find out the opinion of indigenous people about the Mangompa Manuk tradition and how the impact of the community who carry out the tradition. Furthermore, about the legal position in the Mangompa Manuk tradition, especially in 'urf analysis. This research uses a qualitative method. Data was collected by conducting interviews. In addition, data was obtained by looking at documents from books, theses, journals, and other scientific works. While the findings of the researchers that 4 out of 5 people who carry out the tradition are blessed with sustenance and good and smooth offspring. Meanwhile, based on the view of Islamic law, based on 'Urf analysis, the Mangompa Manuk tradition is categorized as 'Urf Shohih because the practice does not violate Shari'a on condition that when undergoing the tradition does not believe that offspring and wealth come from carrying out this custom, and can be categorized as 'Urf Fasid when it believes that carrying out this custom can provide offspring and wealth.
Stages of Prosecution of Crimes with Aggravation Analysis of Religious Court Decisions Aldi, Muhammad; Hakim, Abdul; Jannah, Maya
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 1 June (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.v9i1.4674

Abstract

The state guarantees the lives of its citizens in accordance with Article 28A of the 1945 Constitution. The Criminal Code covers specific crimes including crimes against property in Book Two Chapter XXII, namely Theft.  The purpose of this study is to analyse the prosecutor's charges in a case of aggravated theft. The method used in this research is normative research. This type of research uses descriptive qualitative type. The data sources used are two types of primary data sources in the form of case file Number: 814/pid.B/2023/PN.Rap and criminal law books and secondary data sources in the form of books and articles related to this research. The results of this study are the unbalanced prosecutor's charges between the two perpetrators of theft with aggravation. This research concludes that the legal considerations in the judge's decision which sentenced each of the two defendants to 1 year (defendant 1) and 9 months (second defendant). This research is strengthened by the existence of case files located at the Labuhanbatu police station, so that it can be properly analysed.

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