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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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Synchronization of the Marriage Dispensation Process for Underage Couples According to Lampung Saibatin Custom with Law Number 16 of 2019 Sulis Tiyawati; Annikmah Farida
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.v9i1.7594

Abstract

Amendments to Law Number 16 of 2019 which set the minimum age of marriage to 19 years old aim to strengthen child protection through the marriage dispensation mechanism. However, the implementation of these provisions still faces challenges for customary law communities that have their own social legitimacy system. This study aims to analyze the practice of child marriage in the indigenous people of Lampung Saibatin in Marga Ngaras, West Coast Regency, and to examine the level of synchronization of the marriage dispensation mechanism with the provisions of national law. The research uses an empirical juridical approach with qualitative methods through in-depth interviews, observations, and documentation of traditional leaders, the Head of the Office of Religious Affairs, and couples who are married underage. The results showed that of the eight cases of child marriage found, only one couple went through the marriage dispensation procedure through the Religious Court, while the other seven couples carried out the marriage based on customary and religious legitimacy without going through formal legal mechanisms. These findings show that the social legitimacy built by customary authorities is still more dominant than the legality of the state, causing inconsistency in the implementation of Law Number 16 of 2019. The novelty of this research lies in the formulation of a procedural synchronization model that integrates the role of traditional leaders, the Office of Religious Affairs, and the Religious Court in the marriage dispensation process as an effort to harmonize between customary law and national law. The model is expected to strengthen child protection without ignoring the cultural values that live in indigenous peoples.
The Amount of Joint Property Distribution of Polygamous Marriage in the Supreme Court Decision Number 82 PK/AG/2019: An Analysis of the Legal Objectives of Gustav Radbruch Moch. Rizki Fadlillah; Erfaniah Zuhriah; Ali Hamdan
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.v11i1.7641

Abstract

Joint property is wealth obtained during the marriage and its arrangements are contained in the Marriage Law and the Compilation of Islamic Law. However, the division of joint property in polygamous marriages is still generally regulated without a strict proportional formula, thus creating a vacuum of norms and legal uncertainty. To overcome this condition, the Supreme Court provides guidelines through Book II of the Guidelines for the Implementation of Duties and Administration of Religious Courts which regulates proportional distribution. However, these guidelines are not always used as a basis for judges' considerations, as seen in the Supreme Court Decision Number 82 PK/Ag/2019. This study aims to analyze the method of judges' legal findings in the division of joint property in polygamous marriages and assess their suitability based on Gustav Radbruch's Theory of Legal Objectives. This research is a normative legal research with a case and conceptual approach. The data was analyzed through a study of the Supreme Court Decision Number 82 PK/Ag/2019 using the theory of legal discovery and the theory of legal purpose Gustav Radbruch as the framework of analysis. The results of the study show that the judge's consideration has not reflected the application of clear and consistent legal norms because it overrides Book II of the Guidelines for Religious Justice and prioritizes the grammatical interpretation of Article 96 paragraph (1) of the Compilation of Islamic Law which is general. Judging from the perspective of Gustav Radbruch, the decision has not fully fulfilled the aspects of justice, utility, and legal certainty. Therefore, it is necessary to strengthen the normative position of Book II of the Religious Court Guidelines, the revision of the Compilation of Islamic Law related to the division of common property in polygamy, and the consistency of judges in integrating legal objectives in each decision.
Reconstructing The Authority of Customary Villages in the Governance of Culture-Based Tourism in Bali Through the Perspectives of Legal Pluralism and Collaborative Governance I Dewa Gede Herman Yudiawan; Si Ngurah Ardhya; Ni Luh Wayan Yasmiati; Dewa Gede Sudika Mangku
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.v11i1.7655

Abstract

This study examines the reconstruction of the authority of desa adat in the implementation of culture-based tourism in Bali from the perspectives of legal pluralism and collaborative governance. The research is motivated by the normative recognition of desa adat within regional regulations, which, however, has not been fully followed by substantive authority in managing tourism activities. This condition gives rise to overlapping authorities, weak institutional coordination, and limited community participation in tourism governance. Employing a qualitative research method with a normative and socio-legal approach, this study analyzes legal frameworks, institutional practices, and the role of local wisdom in tourism development. The findings reveal that the coexistence of state law and customary law has not been optimally harmonized, resulting in the marginalization of desa adat in strategic decision-making processes. In addition, the absence of an effective collaborative governance model further weakens the capacity of desa adat to manage tourism sustainably. Therefore, this study proposes a reconstruction model that strengthens the legal authority, institutional capacity, and collaborative role of desa adat. This reconstruction integrates the values of Tri Hita Karana, optimizes local economic institutions, and promotes participatory governance. The study concludes that empowering desa adat as a central actor in tourism governance is essential for achieving sustainable, culturally rooted, and community-based tourism development in Bali.
The Mbuak Manten Tradition in Inter-Hamlet Marriages in Gadungan Village, Puncu District, Kediri Regency: A Perspective of Sahal Mahfudz’s Social Fiqh Muham Muhammad Mubarok; Fakhruddin Fakhruddin; Ahmad Izzuddin; Naela Nuril Alfin
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.v11i1.7661

Abstract

The mbuak manten tradition in Gadungan Village serves as a customary solution to the inter-village marriage prohibition, which is culturally believed to bring misfortune (balak). Although this prohibition has no normative basis in Islamic law, it continues to persist and influence local marriage decisions. This study examines how the local wisdom embedded in the mbuak manten tradition can be understood within Islamic law, specifically through Sahal Mahfudz’s Social Fiqh perspective. The research aims to analyze the tradition’s relevance within the framework of social fiqh. Using a qualitative empirical approach, data were collected through interviews with customary leaders, religious figures, tradition practitioners, and community members, supported by documentation and literature review. The analysis applies Sahal Mahfudz’s social fiqh, which emphasizes the contextualization of Islamic law based on social welfare (maṣlaḥah). The findings indicate that the mbuak manten tradition represents a form of local social ijtihad, functioning as a negotiation mechanism between customary norms and Islamic principles. From the perspective of social fiqh, this tradition can be classified as ‘urf ṣaḥīḥ (valid custom) as long as it does not contradict fundamental Islamic law and remains oriented toward public welfare. This study enriches the discourse on Islamic law grounded in local wisdom by demonstrating that custom can serve as a social instrument to maintain order and harmony. The study recommends preserving local traditions through a continuous and critical reinterpretation process to ensure their alignment with Islamic values and the evolving needs of contemporary society.
BPKP's Authority in Supervising the Activities of the State General Treasurer and Its Implications for State Financial Accountability Puspita Dewi Putri; Uyan Wiryadi; Teguh Satya Bhakti
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.v11i1.7667

Abstract

This study analyzes the construction of authority in the state financial management and supervision system, focusing on the position of the Minister of Finance as the State General Treasurer (BUN) and the authority of the Financial and Development Supervisory Agency (BPKP) in supervising BUN activities. In the country's financial legal system, the President holds the power to manage state finances, the implementation of which is delegated to the Minister of Finance based on laws and regulations. This position places the Minister of Finance as the holder of the general treasury function who is responsible for the management of the state treasury, the implementation of fiscal functions, as well as the guarantee of administrative order and state financial accountability. Legal problems arise related to the basis and character of BPKP's authority in supervising BUN, especially from the perspective of authority theory. This study uses normative legal research methods with legislative and conceptual approaches to analyze the sources of authority and the implications of legal accountability. The results of the study show that the authority of the Minister of Finance as a BUN has a clear normative basis and is attached to the position, thus bringing the consequences of full administrative accountability. Meanwhile, the authority of the BPKP to supervise BUN activities is more appropriately qualified as a presidential mandate within the framework of the government's internal control system. In the construction of the mandate, there is no transfer of responsibility, so the highest constitutional and political responsibility remains with the President. The clarity of the construction of authority is important to ensure legal certainty, prevent overlapping functions, and strengthen accountability in state financial management. 
Substantive Justice in the Division of Marital Property in the Decision of the Mataram District Court Number 122/Pdt.G/2022/Pn.Mtr Mirza Amelia; Hery Zarkasih; Siska Aprilia
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.v11i1.7674

Abstract

This study is motivated by the increasing number of disputes over the division of marital property following divorce, which often lead to injustice, particularly for wives, due to an administrative evidentiary approach that tends to be formalistic. The main issue lies in the gap between procedural justice, which is legally oriented, and substantive justice, which should ensure the protection of the parties’ economic rights during marriage. This research aims to analyze the mechanism for the division of marital property based on the Civil Code and to examine its application in the Decision of the Mataram District Court Number 122/Pdt.G/2022/PN.Mtr. The method employed is normative legal research using statutory, conceptual, and case approaches. The results indicate that, normatively, the division of marital property is guided by Articles 119 and 128 of the Civil Code concerning community property. However, in practice, the panel of judges tends to emphasize the formal aspects of proof of ownership based on the date stated in property certificates. Such consideration overlooks the reality of joint financial contributions as well as the wife’s non-financial contributions within the household. These findings highlight the need for a paradigm shift among judges from a formal juridical approach toward a substantive justice orientation in order to ensure more equitable and fair legal protection in disputes over marital property.
Abuse of Authority by Public Officials in the Election Process Dwi Novitasari; Firmansyah Firmansyah; Nety Hermawati
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.v11i1.7679

Abstract

This study discusses the abuse of authority by public officials in the Regional Head Election (Pilkada) with a study on Court Decision Number 191/Pid.Sus/2024/PN. With. The background of the problem is the practice of politicizing state positions, government programs, and facilities that damage the integrity of democracy and violate the principle of apparatus neutrality. The main problem studied is how the form of abuse of authority is carried out by incumbent officials and how the judge considers the fulfillment of the elements of election crimes. This study uses normative legal methods with a legislative and case approach, analyzing Law No. 30 of 2014 concerning Government Administration, Law No. 10 of 2016 concerning Regional Elections, and court decisions as primary legal materials. The results of the study show that the defendant, an active Public Official, was proven to have transferred the functions of state positions, government programs, and facilities for electoral purposes by making political statements in official activities. The judge assessed the formal and material elements in a balanced manner, so that the act was categorized as an abuse of authority as well as an election crime. In conclusion, this ruling sets an important precedent for maintaining the integrity of local democracy by affirming the accountability and neutrality of public officials.
The Authority of the Pancasila Ideology Development Agency in Providing Recommendations on Laws and Regulations That Are Contrary to Pancasila Yudha Prasetia Bhakti; Uyan Wiryadi; Teguh Satya Bhakti
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.v11i1.7681

Abstract

Although Pancasila is recognized as the staatsfundamentalnorm of Indonesia, the legal system has not yet established an institutional mechanism capable of ensuring that legislation consistently reflects its values. This gap creates inconsistency between the normative supremacy of Pancasila and the limited effectiveness of existing supervisory instruments. This study aims to analyze the constitutional position of the Pancasila Ideology Development Agency (BPIP) within the Indonesian state system and to examine the construction of its authority in issuing recommendations on laws and regulations that contradict Pancasila. The research employs a normative juridical method using statutory and conceptual approaches. State institution theory is applied to examine BPIP’s constitutional status, authority theory to assess the scope and limits of its recommendation power, the hierarchy of legal norms theory to explain the relationship between Pancasila and legislation, and political law theory to evaluate the direction of BPIP’s institutional strengthening. The findings indicate that BPIP functions as an auxiliary state organ under the President whose legal legitimacy remains limited because its existence is based solely on a Presidential Regulation. Furthermore, BPIP’s recommendations are non-binding, resulting in juridical implications through the absence of mandatory compliance by lawmakers, political implications through the potential politicization of recommendations, and social implications through differing interpretations of Pancasila values. This study concludes that, de lege ferenda, BPIP should be strengthened through a dedicated law that clearly regulates its constitutional status, authority, institutional relationships, and mechanisms for implementing its recommendations. Such reform is necessary to reinforce Pancasila as the supreme legal norm and ensure greater coherence between constitutional values and the national legislative system.
The Salep Tarjhe Tradition in Madurese Customary Marriage Prohibitions: A Perspective Based on Al-Ghazali’s Concept of Maslahah Mursalah Raja Faisal; Nasrulloh Nasrulloh; Nur Mahmudah; Jimmy Malintang; Khoirul Hidayah
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.v11i1.7700

Abstract

The tradition of salep tarjhe is one of the marriage prohibitions of the Madurese community in Puguk Village that continues to be preserved as a customary rule because it is believed to cause various adverse effects on married couples who violate it. However, in Islamic law, there is no explicit textual evidence prohibiting this practice. This study aims to examine the prohibition of the salep tarjhe tradition in Madurese customary marriages in Puguk Village, as well as to analyze it using the theory of maslahah mursalah from Al-Ghazali’s perspective. This is a field study (field research) employing a qualitative approach conducted in Puguk Village, Sungai Ambawang Subdistrict, Kubu Raya Regency, West Kalimantan. Data sources consist of primary and secondary data. Data collection was conducted through interviews and documentation, then analyzed using the Miles and Hubberman model, which includes the stages of data reduction, data presentation, and drawing conclusions and verification. Research informants included community leaders, religious leaders, and traditional practitioners. The results of the study indicate that the salep tarjhe tradition is a practice prohibiting marriage between male relatives on the wife’s side and female relatives on the husband’s side, which is believed to cause negative consequences for couples who violate it, such as financial hardship, domestic conflict, and even premature death. From the perspective of Al-Ghazali’s maslahah mursalah, salep tarjhe does not yet meet the requirements set forth by Al-Ghazali, namely that it must be in harmony with the maqasid al-shari’ah, be dharuriyyah, qath’iyyah, and kulliyah, and not contradict textual evidence. The public interest inherent in the tradition of salep tarjhe is only at the level of tahsiniyyat, and thus cannot yet be categorized as Al-Ghazali’s maslahah mursalah.
Digital Workplace Monitoring and Employees’ Privacy Rights in Indonesia Atmari Atmari; Sudjai Sudjai
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.v11i1.7719

Abstract

Digital workplace monitoring has expanded significantly alongside the rapid development of digital technology, raising legal concerns regarding the legitimacy of employer surveillance and the protection of employees’ privacy rights. This study examines the legal basis of employers’ authority to conduct digital monitoring, analyses the extent of legal protection afforded to employees’ privacy rights, and identifies normative gaps within Indonesian labour and personal data protection regulations. This research employs a normative legal method using statutory, conceptual, and comparative approaches. The study finds that digital monitoring constitutes part of employers’ managerial prerogatives; however, its implementation must comply with the principles of legality, necessity, proportionality, transparency, and accountability. The findings further demonstrate that employees’ privacy protection in Indonesia remains inadequate due to regulatory fragmentation and the unequal bargaining position of workers in employment relationships, which often renders consent merely formalistic. In addition, the absence of specific regulations governing workplace digital surveillance creates legal uncertainty and increases the risk of excessive monitoring practices. This study proposes strengthening the integration between labour law and personal data protection law, alongside the establishment of specific legal standards governing workplace digital surveillance in Indonesia. The novelty of this study lies in its formulation of a legal framework that balances employers’ managerial interests with the protection of employees’ privacy rights in the digital workplace.

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