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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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Criminal Compensation in State Loss Recovery: A Legal Sociological Analysis of Public Response on Social Media Lisda Ariany; Masithoh Masithoh; Abdurahman Syayuthi
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.v11i1.7740

Abstract

Criminal compensation is normatively intended as an instrument for recovering state losses caused by corruption. However, in practice, its implementation is often considered ineffective in achieving substantive justice and creating a deterrent effect. This study analyzes the role of criminal compensation in recovering state losses from a legal sociology perspective. It focuses on two issues: public responses on social media to compensation orders in corruption cases and the extent to which these responses reflect the social legitimacy of compensation as a legal instrument for state loss recovery. The research employs an empirical juridical method with a sociological approach. Data were collected from the X/Twitter platform, covering discussions on compensation sanctions in corruption cases during January–October 2025. The dataset consisted of 420 tweets, complemented by relevant online news reports and supporting documents. Data were analyzed using content analysis and word cloud techniques to identify dominant public sentiments. The findings reveal a predominance of negative public sentiment toward the implementation of compensation sanctions. Public criticism is mainly associated with perceptions of legal inequality, declining trust in law enforcement institutions, and the limited deterrent effect of compensation penalties, particularly when accompanied by lenient prison sentences or political interventions such as amnesty and abolition for corrupt offenders. From a legal sociology perspective, these perceptions indicate weak normative legitimacy of the legal system in fulfilling its justice function. The study recommends enhancing transparency in determining compensation amounts, integrating compensation sanctions with additional penalties, strengthening public oversight of judgment execution, and improving mechanisms for corruption asset recovery.
Consumer Legal Certainty in Grab Indonesia's Challenge Jugglenaut Program: An Analysis of the Abuse of Circumstances in Digital Contracts Nayra Ambardani; Amoury Adi Sudiro; Siti Farhani
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.v11i1.7742

Abstract

The many reports from users about the Challenge Jugglenaut program by Grab Indonesia that do not provide rewards as promised show that there are problems in application-based online transportation services in Indonesia. The rapid advancement of digital technology has led to the birth of platforms such as Grab with lucrative promotional offers, but abusive practices that harm consumers are still common. This study aims to analyze the legal certainty of consumers for the delay in rewarding PT Grab Indonesia in the implementation of the Challenge Jugglenaut program by examining indications of abuse based on user experience. The research uses an empirical legal approach with qualitative methods and descriptive techniques to describe the real user experience. Data was collected through structured questionnaires, document studies, and literature references, then analyzed qualitatively to find patterns of abuse of circumstances and legal responsibilities of PT Grab Indonesia. The results of the analysis show that in the implementation of the Challenge Jugglenaut Program, there is an imbalance in the legal position between business actors and users, which is reflected in the disproportionate setting of targets and legal uncertainty in the requirements and mechanisms of the program. This condition shows that the contractual relationship built by the platform does not provide a clear and predictable guarantee regarding the fulfillment of consumer rights, thus weakening the principle of legal certainty in practice. Although normative consumer protection regulations are available, the findings of this study show that supervision and special regulation of digital platforms still need to be strengthened, especially related to the obligation of transparency of systems, algorithms, and program success assessment mechanisms. Therefore, cooperation between the government, business actors, and consumer protection institutions is needed to build a digital economy ecosystem that not only encourages innovation, but also ensures legal certainty, justice, and real protection of consumer rights.
The Legal Liability of State-Owned Enterprise Directors for Corporate Losses: Balancing the Business Judgment Rule and Unlawful Acts Samuel Sitompul; Anwar Budiman; Uyan Wiryadi
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.v11i1.7769

Abstract

This research is motivated by legal issues in determining the limit of liability of the directors of State-Owned Enterprises (SOEs) when a business decision causes losses. The main problem lies in the difficulty of distinguishing between reasonable business risks and unlawful acts, as well as the lack of optimal application of the Business Judgment Rule doctrine as legal protection for directors. This complexity is increasing because SOEs have a dual position as business entities as well as separate state wealth managers, so SOEs' losses are often associated as state losses and have the potential to criminalize the business policies of the board of directors. Although previous research has partially examined this issue, there has been no study that systematically integrates the analysis of the legal liability limit with the application of the Business Judgment Rule in the context of the dualism of the public and private legal regime in SOEs. This study uses normative legal methods with legislative, conceptual, and case approaches, as well as primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study show that the liability of the board of directors cannot be determined only based on the existence of losses, but must be proven that there are irregularities such as errors, negligence, abuse of authority, conflicts of interest, or bad faith. The Business Judgment Rule can be applied as legal protection as long as the decision is taken in good faith, based on adequate information, without conflict of interest, and in the interests of the company. This study offers an integrative analytical framework that affirms the Business Judgment Rule as a balancing mechanism between the protection of business discretion and legal accountability in the management of SOEs.
Jurisdiction Expansion as a Examination of the Indonesian Constitutional System in Receiving Reports on the Alleged Rohingya Genocide at the Attorney General's Office of the Republic of Indonesia Lio Widodo; Avivah Firisqi Leksono
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.v11i1.7794

Abstract

The development of international law has expanded state jurisdiction beyond territorial boundaries through the application of universal jurisdiction over international crimes, particularly genocide. This development has created constitutional and legal challenges in Indonesia following the submission of a report to the Attorney General’s Office concerning alleged genocide against the Rohingya in Myanmar, although the alleged crimes occurred outside Indonesia’s territorial jurisdiction. This situation reflects the tension between the international obligation to combat impunity and the constitutional principle of legality governing the exercise of state authority. This study aims to examine the implications of universal jurisdiction for Indonesia’s constitutional system, particularly regarding state sovereignty and the constitutional limits of law enforcement authority. The research employs a normative legal method using statutory and conceptual approaches supported by primary and secondary legal materials. The findings reveal that, although Indonesia has adopted several principles of international criminal law, universal jurisdiction has not yet been explicitly recognized in national legislation. The study also identifies conceptual ambiguity in distinguishing universal jurisdiction under international law from jurisdictional principles in Indonesian criminal law, resulting in legal uncertainty. From a constitutional perspective, exercising criminal jurisdiction without an explicit statutory basis risks exceeding the authority of state institutions and undermining legal certainty. This study concludes that the implementation of universal jurisdiction in Indonesia requires explicit legislative authorization. Therefore, amendments to the Human Rights Court Law or the enactment of specific legislation governing universal jurisdiction are necessary to ensure constitutional legitimacy, strengthen legal certainty, and maintain consistency with the principles of the rule of law and state sovereignty.
The Wa'a Rai Siwe Tradition in the Perspective of Legal Pluralism: Dialectics of Customary Law, State Law, and Islamic Law in the Bima Society Yadi Darmawan; Roibin Roibin; Toriquddin Toriquddin
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.v11i1.7816

Abstract

This study examines the Wa'a Rai Siwe tradition in the Bima community as a form of customary marriage that continues to be practiced despite the development of national and Islamic law. The tradition raises legal concerns because it potentially conflicts with state law and Islamic legal principles while remaining legitimate under customary law. This study aims to identify the factors contributing to the persistence of the Wa'a Rai Siwe tradition and to analyze it from the perspective of legal pluralism. An empirical legal research method with a descriptive qualitative approach was employed. Data were collected through in-depth interviews with customary leaders, religious leaders, and community members in Tumpu Village, Bolo District, Bima Regency, complemented by documentation and relevant literature. The data were analyzed thematically to identify patterns and interactions among the existing legal systems. The findings reveal that Wa'a Rai Siwe follows a structured process, beginning with the couple's elopement and culminating in customary deliberation (mbolo ra dampa), which generally leads to marriage. The continuity of this tradition is influenced by parental disapproval, high dowry demands, the couple's desire for immediate marriage, and social circumstances such as premarital pregnancy. From the perspective of legal pluralism, the practice reflects the interaction between state law, customary law, and Islamic law. State law regards the practice as potentially violating marriage procedures, while Islamic law considers it inconsistent with the principles of guardianship (wali) and Islamic moral values. In contrast, customary law recognizes Wa'a Rai Siwe as a mechanism for conflict resolution and the preservation of family honor. This study identifies a phenomenon of normative compromise through legalization at the end of the process, whereby a practice initially inconsistent with state and Islamic law ultimately gains legal legitimacy through a valid marriage contract. These findings demonstrate that Wa'a Rai Siwe represents a dynamic manifestation of legal pluralism, with customary law functioning as a living law that continuously negotiates with state and Islamic law to obtain formal recognition.
Nontoni in the Tradition of the Javanese Muslim Society, Kperabon Perspective of Madzhab Shafi'I and the Anthropology of Islamic Law Abduloh Rohman Utomo; Fadil; Isroqunnajah
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.v11i1.7819

Abstract

Academic concern regarding the nontoni tradition stems from the tension between local cultural practices and the normative principles of Islamic law governing interactions between unmarried men and women. Practiced within the Muslim Javanese Keprabon community, nontoni remains an important stage in the spouse selection process while raising questions concerning its Sharīʿah legitimacy and its accommodation within Islamic legal discourse. This study aims to examine the implementation, social meaning, and legal implications of the nontoni tradition in Tulus Village, Tumpang District, Malang Regency, through the perspective of Islamic legal anthropology. The research employs an empirical qualitative approach with a case study design. Data were collected through in-depth interviews, participant observation, and documentation involving community leaders, religious figures, practitioners of the tradition, and local residents. Data analysis was conducted descriptively using the concepts of ʿurf, maṣlaḥah, relevant legal maxims (qawāʿid fiqhiyyah), and Islamic legal anthropology. The findings reveal that nontoni serves not only as a process of observing a prospective spouse but also as a cultural institution that facilitates mutual acquaintance, family deliberation, and social legitimation before marriage. From the perspective of Islamic legal anthropology, the tradition represents a dynamic form of ʿurf ṣaḥīḥ that remains compatible with Islamic law, provided it preserves ethical boundaries, avoids prohibited conduct, and supports the objectives of maqāṣid al-sharīʿah. The study demonstrates that local customs can coexist with Islamic legal principles through a contextual and culturally sensitive interpretation.
Philosophical Reconstruction of Restorative Justice in Indonesia: An Analysis of Procedural Asymmetry in the Perspective of Maqaṣid Al-Syari'ah Ulil Albab; Harmoko
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.v10i2.7822

Abstract

The development of the modern criminal justice system shows a paradigm shift from a retributive approach to a restorative approach that focuses on the recovery of losses, substantive justice, and the balance of interests between perpetrators, victims, and the community through restorative justice mechanisms. In Indonesia, this approach is applied in response to various weaknesses of the conventional criminal justice system, such as low recovery of victims' rights, overcapacity of correctional institutions, and limited effectiveness of prison sentences in reducing crime rates. However, the implementation of restorative justice in law enforcement practice still tends to be administrative and pragmatic, so it is more oriented towards stopping cases than substantive restoration of benefits. In practice, the victim's position is often only placed as a procedural complement, while aspects of psychological recovery, social relationship balance, and moral development of the perpetrator have not been the main concern. This study aims to analyze the concept of restorative justice from the perspective of Maqaṣid al-Syari'ah and evaluate its implementation in the criminal justice system in Indonesia. The research method used is normative legal research with a conceptual and legislative approach, which is analyzed qualitatively using the framework of Maqaṣid al-Syari'ah Jasser Auda. The results of the study show that restorative justice is substantively in accordance with the principles of Maqaṣid al-Sharia, especially in the protection of the soul (ḥifẓ al-nafs), property (ḥifẓ al-māl), and social order. However, the implementation of restorative justice regulations in Indonesia still shows procedural asymmetry because the dominance of the administrative approach of law enforcement officials has not fully guaranteed the protection of victims' rights and comprehensive social recovery. This study confirms that Maqaṣid al-Sharia is not only relevant as a normative legitimacy, but also as an evaluative framework to direct the application of restorative justice to be more just, humanistic, and oriented towards substantive benefits.
Gen-Z's Perception of Self-Development Lifestyle Towards Marriage Interest Islamic Family Law Perspective Ayu Novita Puasari; Gandhi Liyorba Indra; Syarif Bahaudin Mudore
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.v11i1.7836

Abstract

The 20.67% decline in the number of marriages in Indonesia between 2018 and 2024 indicates a shift in views among Gen-Z. This study aims to analyze the influence of a self-improvement lifestyle on interest in marriage among Gen-Z and evaluate this phenomenon from the perspective of Islamic Family Law. The research method used was qualitative with a phenomenological approach. Information was obtained through interviews and questionnaires distributed to students at Raden Intan State Islamic University, Lampung. The research findings indicate that a self-improvement lifestyle has a significant impact on Gen-Z's interest in marriage, with most respondents choosing to focus on careers, education, and financial independence. The main factors influencing this reduced interest are concerns about limited personal freedom, obstacles to self-actualization, and the desire to achieve emotional maturity before marriage. From the perspective of Islamic Family Law, this phenomenon of delayed marriage is considered a precautionary measure to prepare physically and mentally. Islam does not require marriage to be carried out hastily if it is feared that the goals of a marriage that is sakinah, mawaddah, and rahmah will not be achieved. This study found that for Gen-Z, self-development is not just a trend, but a foundation that is considered important to prepare before starting family life in the modern era.
Maqāṣid al-Usrah's Ambivalence in the Judge's Consideration of the Refusal of Polygamy License Muhammad Ali Al Awshat; Umi Sumbullah; M. Aunul Hakim
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.v11i1.7842

Abstract

This study analyzes the Decision of the Lubuk Pakam Religious Court No. 0007/Pdt.G/2019/PA. LPKs who refuse applications for polygamy licenses even though the cumulative conditions have been met, use the lens of Maqāṣid al-Usrah Jamāl al-Dīn 'Aṭiyyah. The evaluation was focused on  the judge's ratio decidendi to the achievement of the seven dimensions of family goals. The normative juridical research method is applied implementively through the legal syllogism method and doctrinal analysis, where the judge's legal considerations are directly confronted with the seven pillars of the sharia family. The novelty of this research lies in a holistic critique of the formalistic tendency of judges to ignore post-verdict sociological excesses. The author argumentatively asserts the existence of acute ambivalence in the verdict: on the one hand the judge succeeded in protecting the dimension  of taḥqīq al-sakīnah wa al-mawaddah wa al-raḥmah of the first harmonious family, but on the other hand was passive in the threat  of the collapse of the dimension of tanẓīm al-'alāqah bayn al-jinsayn, ḥifẓ al-nasl wa al-nasab, and Tanẓīm al-jānib al-mu'assasī wa al-mālī li al-usrah. The socio-legal implications of this ruling suggest that mere administrative restrictions without comprehensive mitigation actually trigger the migration of perpetrators to serial polygamous practices that strip them of legal protection and civil rights of the second wife and children who are born.
Juridical Analysis of the Crime of Child Trafficking through Illegal Adoption Schemes Virda Aleyda Rahma; Muhammad Gary Gagarin; Muhamad Abas
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.v11i1.7845

Abstract

This study aims to analyze the considerations employed by the Panel of Judges in Decision Number 30/Pid.Sus/2023/PN.Cbi and to examine the obstacles encountered in combating the crime of child trafficking through illegal adoption schemes. The research employs a normative juridical method using statutory, case, and conceptual approaches. The findings indicate that the judges’ legal considerations were consistent with the provisions of Article 83 in conjunction with Article 76F of Law Number 35 of 2014 concerning Child Protection, as they were based on the fulfillment of the elements of the criminal offense and supported by valid evidence. The judges also took into account philosophical and sociological considerations in determining the sentence. However, the sentence imposed on the defendant, namely four (4) years of imprisonment and a fine of IDR 100,000,000, was considered relatively lenient because it was lower than the sentence sought by the Public Prosecutor, namely five (5) years of imprisonment. Consequently, the punishment imposed has not fully reflected substantive justice for the victim. Furthermore, efforts to combat this form of crime continue to face various challenges, including ambiguities in legal norms, weak supervision of child adoption practices, low levels of public legal awareness, and the use of social media as a medium for digitally facilitated criminal activities. Protection for victims also remains suboptimal, particularly with regard to psychological recovery, rehabilitation, and restitution.

Page 30 of 32 | Total Record : 313

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