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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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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.
Problems of Criminal Law Evidence in Murder and Sexual Violence Cases (Case Study of Vina Cirebon Murder) Kinanti Puput Septiana; Harefa, Beniharmoni
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.v9i2.5135

Abstract

The issue of evidence in the case of murder and sexual violence against Vina in Cirebon has become an obstacle in the case resolution process. This issue can lead to errors in identity or wrongful arrests, creating legal uncertainty and reducing public trust in the justice system, thereby hindering the effective enforcement of justice. The purpose of this research is to understand the evidentiary process in law enforcement regarding the perpetrators of murder and sexual violence in this case, and to examine the responsibility of law enforcement for errors in identity caused by evidentiary problems. The research method used is normative juridical, analyzing legal sources such as laws, court decisions, legal theories, and expert opinions. The findings show that there were evidentiary issues in this case, including witness testimony, the defendant's testimony, results from the visum et repertum, and exhumation. Furthermore, the responsibility of law enforcement for errors in identity can be linked to Articles 95-97 of Law No. 8 of 1981 concerning the Criminal Procedure Code. The police, as law enforcement officers, can also be subject to sanctions under Article 7 paragraph (1) letter c of the National Police Chief Regulation No. 14 of 2011 concerning the Code of Ethics for the Indonesian National Police and Article 7 of Government Regulation No. 2 of 2003 concerning the Disciplinary Regulations for Members of the Indonesian National Police. Errors in identity in this case highlight the importance of thoroughness in the evidentiary process to ensure that justice is properly served.
The Deviation of Criminal Law Principles in Embezzlement of Joint Property Committed by Husband or Wife Supriadi, Moh; Husain, Natasya Auliya; Jasri Akadol, Nina Septiana; Gayatri, Nungky Dwi; Yuliana, Yuliana; Natalia, Kristiani
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.5807

Abstract

This study aims to determine the deviation of criminal law principles in the embezzlement of joint assets committed by a husband or wife in marriage. Therefore, criminalization is an ideal policy formulation to overcome this deviation. This study uses normative legal research with a legislative approach that examines the Criminal Code, especially the crime of family embezzlement. In addition, a conceptual approach is also used to determine the deviation of criminal law principles so that efforts are obtained to overcome deviations from criminal law principles. This study concludes that there is a deviation of criminal law principles in the crime of embezzlement of joint assets committed by a husband or wife during marriage. This deviation is based on the inconsistency between the formulation of the crime which states that it cannot be prosecuted with the principle of criminal responsibility which regulates the reasons for eliminating the crime, namely the reason for forgiveness and the reason for justification. Furthermore, moral norms cannot prevent the prosecution of a criminal act, as long as there is a complaint from the victim as the concept of the complaint crime. Therefore, as a repressive effort in providing legal protection for victims, a formulation policy is needed by criminalizing embezzlement of joint assets committed by a husband or wife during marriage by eliminating the phrase " "it is impossible to hold criminal charges".
Virtual Police in the Indonesian Constitutional System: A Restorative Justice Approach to Cybercrime Prevention (An Empirical Study in Sambas Regency) Saliro, Sri Sudono; Aminah, Siti; Jamaludin, Jamaludin; Aprilsesa, Tri Dian; Kusryat, Dheanita
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.5813

Abstract

The Virtual Police Approach as Restorative Justice Prioritizes Preventive Efforts. Indeed, there is a close relationship between preventive policing and crime prevention. Preventive policing is part of crime prevention; however, crime prevention encompasses a broader scope than preventive policing alone. This study aims to analyze the implementation of virtual police within the Indonesian constitutional system as part of cybercrime prevention efforts, as regulated in the Electronic Information and Transactions Law (UU ITE), and to describe the effectiveness of virtual police in this context. This research employs a qualitative method and is classified as empirical legal research, utilizing both normative legal and descriptive-analytical approaches. Data were obtained through interviews and observations, using purposive sampling techniques. The results of the study reveal that the implementation of virtual police is a manifestation of the enforcement of the Electronic Information and Transactions Law (executive function) as a legal effort to prevent cybercrime. The presence of virtual police as law enforcers has made cybercrime prevention more effective, supported by a strong legal framework. However, challenges remain in the form of societal legal culture, particularly the public's lack of awareness and compliance in the digital space.
The Rights of Children from Illegal Marriages of Indonesian Migrant Workers (TKI) in Selangor, Malaysia: A Review from the Perspective of Child Protection Law Zakirah Anshori, Qory; Lubis, Fauziah
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.5822

Abstract

The phenomenon of illegal marriages among Indonesian Migrant Workers (TKI) in Selangor, Malaysia, especially in the Gombak area, has raised serious legal and social issues, especially concerning the protection of children's rights. Marriages that are not officially registered (nikah siri) cause children from these relationships to face difficulties in obtaining identity documents, citizenship status, access to education, and other basic services. This situation reflects the gap between the legal protection guaranteed by Law No. 35 of 2014 concerning Child Protection and its implementation in the context of cross-jurisdictional countries. This study aims to analyze how the Child Protection Law is applied to children from illegal marriages of TKI abroad, with a focus on access to education and legal status. The method used is a juridical-empirical approach through descriptive qualitative research, with data collection through interviews, field observations, and document studies in the TKI community of SB Sungai Mulia, Gombak, Malaysia. The results of the study indicate that although Law No. 35 of 2014 provides a strong legal basis, its implementation abroad faces major obstacles, including the limitations of Indonesian legal jurisdiction, strict Malaysian regulations, and minimal administrative awareness of Indonesian migrant workers. Data from 2024 recorded that more than 5,400 children of Indonesian migrant workers in Selangor were born from unregistered marriages, with the majority not yet having citizenship status. The Indonesian government has sought solutions through the overseas marriage validation program, the issuance of Birth Registration Certificates (SPL), and the establishment of non-formal learning centers. However, structural obstacles and suboptimal bilateral policies still hinder the fulfillment of children's rights in full.
Tajdid Nikah: Legal Analysis, Ulama Perspectives, and Maslahah Mursalah (A Case Study in East Lampung Regency) Nur Isti Fadah; Hud Leo Perkasa Maki; Irawan, Hendra; Nency Dela Oktora; Husain Fadhil Arrasyid
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.5855

Abstract

This study examines the phenomenon of tajdid nikah (renewal of the marriage contract) among Muslim couples in Giriklopomulyo Village, Sekampung District, East Lampung Regency, with a focus on cases involving pregnancy prior to the official marriage. Although both Islamic law and the Compilation of Islamic Law (KHI) Article 53 confirm that such marriages are valid without requiring re-contracting, tajdid nikah remains prevalent due to societal pressure, cultural norms, and insufficient legal literacy. Using a qualitative case study approach with data from interviews, documentation, and field observations, this research systematically analyzes five key dimensions: the definition of tajdid nikah, local chronology of its practice, its legal interpretation under KHI, contemporary ulama perspectives, and its relevance within the framework of maslahah mursalah. The findings show that tajdid nikah is often pursued not for legal necessity but to achieve psychological relief, family acceptance, and perceived social legitimacy. While some scholars tolerate the practice as a form of precaution (ihtiyat), most ulama assert that it is unnecessary if the first marriage contract was valid. In terms of maslahah mursalah, tajdid nikah can be viewed as beneficial when it reduces stigma and promotes harmony but may be harmful if it reinforces public misconceptions about Islamic legal norms. Therefore, tajdid nikah should not be institutionalized as a religious obligation, and broader legal education is needed to align community practices with sharia principles and Indonesian legal standards.
Diversion for Juvenile Offenders Involved in Gang-Related Crimes Isnaeni Abdillah Liat Mauli; Ifahda Pratama Hapsari
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.5924

Abstract

This study examines the implementation of diversion policies for adolescents involved in gang activities within the juvenile criminal justice system in Indonesia. The phenomenon of children involved in criminal gangs is on the rise, raising legal and social concerns. Diversion of children from formal prosecution is regulated in Law No. 11 of 2012 on SPPA and PERMA No. 4 of 2014. This study employs a normative legal method with a literature review approach, analyzing legislation, legal literature, and court rulings. The findings indicate that although diversion policies are well-regulated in theory, their implementation faces significant challenges, including a lack of understanding among officials, limited facilities, and weak coordination between institutions. As a result, there is an urgent need to strengthen the regulatory framework, enhance the capacity of implementers, and adopt a more contextual and community-based approach to ensure the optimal implementation of diversion strategies.

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