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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 313 Documents
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Legal Protection of Children Outside of Marriage Perspective of Khi and the Child Protection Law (Study in Sukajadi, Punggur, Central Lampung) Rijala Sholeh, Muhammad; Arsyad, Mufid
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.v9i2.7692

Abstract

The phenomenon of child births outside of legal marriage is increasing and causing legal and social problems, especially related to legal status, societal stigma, and the fulfillment of children's rights. The difference in regulation between the Compilation of Islamic Law (KHI) and positive law also affects the effectiveness of legal protection for children out of wedlock. This study aims to analyze the legal protection of children out of wedlock from the perspective of KHI and the Child Protection Law, as well as assess its implementation and effectiveness in Sukajadi Village, Punggur District, Central Lampung Regency. This study uses a qualitative method with an empirical and juridical-sociological approach. Data were obtained through observation, interviews, and documentation, then analyzed using Miles and Huberman's interactive model. The results of the study show that legal protection for children out of wedlock is not optimal. Administratively, the registration of children's identities is still oriented towards formal provisions so that the name of the biological father cannot be included without legal determination. In the perspective of Islamic law, children only have a nasab relationship with the mother, while positive law provides space for the recognition of civil relations with the biological father. However, its implementation is constrained by economic factors, complex legal procedures, and low public understanding, creating a gap between legal norms and practices in the field.
Determination of the Tanjung Karang Religious Court on the Origin of Children Outside of Marriage from the Perspective of Islamic Family Law (Study of Decision Number 115/Pdt. P/2024/P. Tnk) Sukron Amin; Mohammad Yasir Fauzi; Akhmad Ikhwani
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7824

Abstract

This study examines the legal status of children born from unregistered (sirri) marriages, namely marriages conducted according to religious law but not officially registered with the Office of Religious Affairs (KUA). The absence of official registration frequently results in such children being categorized as children born outside lawful marriage, thereby creating legal problems related to their status, identity, and civil rights. This research discusses the legal position of children born from unregistered marriages, forms of legal protection through judicial determination of lineage, and judges' considerations in deciding such cases based on Islamic Family Law. The study aims to analyze the legal status of children, examine legal protections available through the determination of lineage, and explain the legal reasoning applied by religious court judges. This research employs a normative juridical method using a library research approach. Primary data were obtained from the Decision of the Tanjung Karang Religious Court Number 115/Pdt.P/2024/PA. Tnk, Law Number 1 of 1974 concerning Marriage, Constitutional Court Decision Number 46/PUU-VIII/2010, and the Compilation of Islamic Law. Secondary data were collected from books, academic journals, and relevant previous studies. The findings indicate that the legal status of children may be strengthened through judicial determination of lineage in religious courts, which serves as the basis for recognizing civil relations with biological parents and issuing birth certificates. Nevertheless, the court ruling still classified the child as born outside a legally recognized marriage. From the perspective of Islamic law, the child's civil rights remain primarily limited to the mother and the maternal family.
Legal Consequences of the Judgment in Domestic Violence Cases: A Study of Islamic Family Law Nabiila Surya Arifin; Shely Nasya Putri
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.6800

Abstract

This article discusses the legal consequences of domestic violence (DV) decisions, specifically the Metro District Court Decision Number 18/PID.SUS/2022/PN.MET. The issue examined is how the legal system handles domestic violence, focusing on the framework of Indonesian positive law and Islamic Family Law. The main problem encountered is the gap between the sanctions imposed on perpetrators and the protection and restitution received by victims. The purpose of this study is to analyze the legal consequences of this decision from an Indonesian legal perspective, specifically Law No. 23 of 2004 concerning the Elimination of Domestic Violence, and to assess its compliance with the principles of Islamic Family Law, which emphasize justice and the protection of victims' rights. The theory used in this study encompasses positive law and Islamic family law principles, with the research method used being normative legal research combined with content analysis of court decisions. The research findings indicate that this decision imposes minimal penalties on perpetrators and does not provide adequate restitution or psychological rehabilitation for victims. The recommendation given is a more comprehensive approach by combining the criminal and civil legal frameworks, and integrating the concepts of ta'zir and dharar from Islamic law to ensure protection and justice for victims of domestic violence.
Legal Analysis of the Merah Putih Village Cooperative in Patak Banteng Village Based on Indonesian Cooperative Law Atok Safik Takiyapudin; Sri Jumini; Adi Suwondo; Mutho'am; Nila Amania
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7273

Abstract

The Merah Putih Village Cooperative is a government initiative aimed at strengthening village-based economic institutions and promoting community welfare. This study examines the conformity of the establishment and implementation of the Merah Putih Cooperative in Patak Banteng Village with Law Number 25 of 1992 concerning Cooperatives. The research employed a qualitative descriptive method using statutory and empirical approaches through the analysis of legal documents, government regulations, field observations, and interviews. The findings indicate that the establishment process has complied with the legal framework stipulated in Law Number 25 of 1992, Presidential Instruction Number 9 of 2025, and Circular Letter Number 1 of 2025. The cooperative has fulfilled essential legal requirements regarding membership, organizational structure, and legal entity formation. However, challenges remain in strengthening managerial capacity, legal literacy, and institutional governance. The study highlights that transparency and effective supervision are crucial to ensuring accountability and legal compliance in cooperative management. Therefore, continuous legal assistance, capacity-building programs for cooperative managers, and the implementation of transparent monitoring mechanisms are recommended to support the sustainability and effectiveness of the Merah Putih Cooperative as an instrument for village economic development.
The Dynamics of Press Freedom in the Midst of the Implementation of the ITE Law and the Criminal Code: A Study of Legal Sociology Ihsan Mahfudz; Ahmad Jamaludin
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7334

Abstract

Press freedom is currently facing new challenges along with the development of information technology. In the midst of the application of the ITE Law and the Criminal Code on press freedom, it has caused a special debate about the boundary between enforcement and protection of press activities. Although press freedom has been specifically regulated in Law No. 40 of 1999 concerning the Press, law enforcement practices still show the use of other articles that have the potential to limit press activities. This study aims to analyze juridically and sociologically the dynamics of press freedom in the implementation of the ITE Law and the Criminal Code in Indonesia. The method used is normative legal research with a legal, conceptual, and sociological approach to law, through the study of legal norms, principles, and doctrines relevant to press freedom. The results of the study show that the ITE Law and the Criminal Code on press freedom often override the press law as lex specialis. As a result, the settlement of press disputes is easily contravened by interests directed at the criminal mechanism rather than the ethical mechanism and the right of reply that has been regulated in the press law. This condition has a juridical effect, legal and sociological uncertainty, resulting in a chilling effect for press personnel and potentially limiting the function of the press as a supervisor of power. This research contributes to the development of press law through strengthening the concept  of lex specialis of the Press Law and harmonizing regulations to ensure the protection of press freedom in a democratic legal country.
Implementation of Conditional Death Penalty: Study of Human Rights and Maqashid As-Sharia Asiyah Jamilah
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7347

Abstract

Conditional death penalty has become a pivotal issue in the Indonesian criminal justice system following the enactment of the national Criminal Code (KUHP), which repositions the death penalty from a primary punishment to a special alternative (ultimum remedium). This study analyzes the concept of the conditional death penalty in the national KUHP from the perspectives of Human Rights (HAM) and maqashid as-sharia, while evaluating its relevance to the Indonesian legal context. From a HAM perspective, this mechanism compromises between protecting the absolute right to life and maintaining a deterrent effect against extraordinary crimes through a humanistic 10-year probation period. From the maqashid as-sharia perspective, the conditional death penalty directly aligns with hifzh an-nafs (protection of life) and hifzh al-ummah (protection of society). Rather than rushing into execution, it prioritizes the preservation of the convict's life to allow room for sincere repentance (taubah), while simultaneously preventing greater social harm (dar’u al-mafasid) by ensuring justice for victims. This theory is highly relevant to Indonesia's pluralistic legal context, as it bridges Islamic legal values with the constitutional mandate of Pancasila, particularly the principle of "Just and Civilized Humanity." Based on these findings, this study firmly recommends that the government establish a rigorous, transparent, and independent assessment indicator involving psychologists and human rights experts to evaluate the convict's behavioral changes during probation.
Rethinking Elderly Caregiving In Javanese Patriarchal Culture Through Maqāṣid Al-Sharīʿah Gender Justice And Sustainable Family Care Misbahul Munir
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 2 December (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

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

Abstract

This research examines elderly caregiving practices in Javanese society, using case studies from Wonogiri and Jombang Regencies, through an integrative framework that combines Javanese customary values, critical gender analysis, and Maqashid al-Shari’ah. The study finds that while values such as ngopeni, andhap asor, and mbales budi represent a strong relational ethic of respect and intergenerational care, their operationalization within modern patriarchal family structures has normalized gender inequality. Daughters are systematically positioned as primary caregivers, performing intensive physical, emotional, and social labor that remains largely invisible and undervalued, whereas sons' roles are often limited to financial support. This feminization of care is reinforced by cultural narratives that frame it as a natural feminine duty and a form of filial piety (bakti), thereby silencing criticism of intra-familial injustice. Using Maqashid al-Shari’ah principles—including justice (al-‘adl), removal of hardship (raf‘ al-haraj), and protection of life, intellect, and resources (hifz al-nafs, hifz al-‘aql, hifz al-mal)—the study critiques caregiving practices that impose unequal burdens and proposes a reinterpretation of Javanese values toward a more equitable and sustainable model. It concludes that achieving just elderly care requires redistributing caregiving responsibilities within families, recognizing unpaid care work as valuable socio-economic labor, and strengthening structural support from the state and community. This research contributes to interdisciplinary discussions on care, gender, and Islamic ethics by offering a culturally grounded normative framework for transforming caregiving into a practice of collective justice and human dignity.
Enforcement of the Code of Ethics of Judges as an Instrument of the Rule of Law: A Legal-Philosophical Analysis in Indonesia Hariang Dede Taufik; Haerul Apandi; Andi Haruman; Haryanto Aritonang; Yeti Kurniati
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7465

Abstract

The enforcement of the judge's code of ethics is an important element in realizing the rule of law because the integrity, independence, and impartiality of judges determine the legitimacy of the judicial institution. However, various cases of ethical violations, such as bribery practices, conflicts of interest, abuse of authority, and weak internal supervision show that the enforcement of the code of ethics of judges in Indonesia has not been running optimally. This condition has an impact on declining public trust in the judiciary and weakening the function of law as a means of realizing substantive justice. This study aims to analyze the position of the judge's code of ethics as an instrument of the rule of law, examine the effectiveness of its enforcement, and identify obstacles that affect its implementation in a legal-philosophical perspective. The research method used is normative legal research with legislative, conceptual, and philosophical approaches. Legal materials are obtained through literature studies of laws and regulations, scientific literature, and related documents, then analyzed qualitatively-prescriptively. The results of the study show that the weak enforcement of the judge's code of ethics is influenced by structural problems in the supervision system, legal culture that does not support professional integrity, and the inoptimal internalization of moral values in judicial practice. The enforcement of the code of ethics depends not only on regulations and supervisory mechanisms, but also on the professional virtues of judges which include integrity, honesty, responsibility, and moral courage. Therefore, strengthening the rule of law requires increasing the authority and effectiveness of ethical supervision, transparency in the handling and publication of ethical decisions, ongoing ethical education of judges, and synchronization between ethical norms and judicial disciplinary mechanisms to strengthen judicial integrity and public trust
Sirri Marriage Talaq and Legal Consequences on Children's Rights from an Islamic Legal Perspective Zahra Lailatul Wahida; Ani Mardiantari
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.v9i2.7567

Abstract

This study discusses the practice of talaq in nikah sirri and its legal consequences on children's rights from the perspective of Islamic law in Bumi Raharjo Village, Bumiratu Nuban District, Central Lampung Regency. The problem studied is how the practice of talaq is carried out in sirri marriage and how its implications are for the fulfillment of children's rights, especially alimony, hadhanah, and certainty of legal status. This study aims to analyze the factors that cause the occurrence of talaq nikah sirri and assess the legal consequences of children's rights based on the perspective of fiqh and contemporary Islamic law. The method used is field research with a sociological and qualitative approach. Primary data was obtained through in-depth interviews with three respondents of sirri marriage perpetrators, religious leaders, and village officials, while secondary data was obtained from fiqh literature, Compilation of Islamic Law, and related laws and regulations. The results of the study show that talaq in nikah sirri is carried out orally without going through the Religious Court and without official registration, so it does not have administrative legal force. As a result, the fulfillment of children's rights, especially alimony, does not run optimally and is often neglected. Normatively, Islamic law still requires fathers to provide support, but in social practice the absence of formal legality causes weak legal protection for children.
Juridical Implications of the Distribution of Congenital Children's Inheritance Based on KHI (Study of Court Decision No. 449/Pdt.G/2024/Pa. Twg) Hafid Ansori; Iwannudin Iwannudin; Agus Setiawan
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 2 December (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.v10i2.7592

Abstract

This study aims to analyze the judge's considerations in determining the inheritance rights of congenital children and examine the arrangement and legal position in the inheritance distribution system according to the Compilation of Islamic Law in the Decision of the Religious Court Number 449/Pdt.G/2024/PA.Twg. This research is an empirical normative legal research with a statutory approach and a case approach, using secondary data in the form of court decisions,  provisions of the Compilation of Islamic Law, and supported by research instruments in the form of interview guidelines and documentation to examine the construction of judges' legal considerations. The analysis was carried out qualitatively through a systematic interpretation of the norms of Islamic inheritance and its relevance to the legal facts revealed in the trial. The results of the study show that the judge bases his consideration on the principle of the relationship of nasab as the main basis of inheritance, normative provisions in the Compilation of Islamic Law, and the principle of justice and legal certainty in dispute resolution. A congenital child juridically only has an inheritance relationship with his or her biological parents and does not have a position as an heir of the stepparent because there is no legal blood relationship according to Islamic law. The regulations in the Compilation of Islamic Law provide strict restrictions on the subject of heirs so as to ensure legal certainty in the distribution of inheritance. This study emphasizes the importance of consistency in the application of Islamic inheritance norms in order to prevent the expansion of interpretations that can cause legal uncertainty in the practice of religious justice.

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