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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 315 Documents
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Synergy of the Community and the Police in Realizing Environmental Security in Sumber Jaya Village, Jati Agung District, South Lampung, Siyāsah Tanfīdziyyah Perspective Rhiska Novita Sari; Agustina Nurhayati; Li’izza Diana Manzil
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.v11i1.7863

Abstract

This study aims to analyze the synergy between the community and the police in ensuring neighborhood security in Sumber Jaya Village, Jati Agung Subdistrict, South Lampung Regency, and to examine it from the perspective of Siyāsah Tanfīdziyyah. This study employs a field research method with a descriptive qualitative approach. Primary data was collected through interviews with neighborhood watch officers, community members, community leaders, and police officials, while secondary data was obtained from relevant laws and regulations, books, journals, and scientific literature. Data collection techniques involved interviews and documentation, followed by qualitative descriptive analysis. The results indicate that the synergy between the community and the police in Sumber Jaya Village has functioned effectively through the Neighborhood Watch (Siskamling) program, night patrols, and community outreach and patrols conducted by the police. This collaboration reflects active community participation and the police's fulfillment of security functions in maintaining environmental order. 1 This synergy enhances the community's sense of security and helps reduce the potential for criminal activity in the village. However, the implementation of environmental security still faces several challenges, such as low discipline among some patrol officers, weather conditions, and the suboptimal use of modern security technology. From the perspective of executive governance, the synergy between the community and the police reflects the government's executive functions in the realm of public security and order. As the implementers of state policy, police officers bear the responsibility of maintaining social stability and providing protection to the community, while the community serves as a partner supporting the creation of community security through active participation in Siskamling activities.
The Effectiveness of Corruption Law Enforcement in Indonesia and Malaysia: A Comparative Analysis of Criminalization, Asset Recovery, and the Al-'Uqubah Principle Wardatul Jannah; Ramadani
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.v11i1.7866

Abstract

This article analyzes the effectiveness of law enforcement to eradicate corruption in Indonesia and Malaysia by focusing on the formulation of penalties, asset recovery, and the relevance of the principle of al-'uqubah in Islamic criminal law. The main problem of this study is the distance between the severe criminal threat and the effectiveness of the punishment in producing a deterrent effect and the return of state losses. The research uses normative legal methods with a statutory approach, a conceptual approach, and a comparative approach. Primary legal materials include the Indonesian Corruption Eradication Law, the Malaysian Anti-Corruption Commission Act 2009, the United Nations Convention against Corruption, and regulations related to asset recovery. Secondary legal materials were obtained from journals, books, KPK reports, MACC/MACC, Indonesia Corruption Watch, and Transparency International. The analysis was carried out qualitatively prescriptively with indicators of proportionality of punishment, effectiveness of asset recovery, consistency of enforcement, and conformity with the principles of maslahah mursalah and radd al-mazalim. The results of the study show that Indonesia has a severe criminal threat, but still faces the problem of inconsistency of sentences, the lack of optimal use of substitute money crimes, and the weak use of money laundering instruments to pursue the results of corruption. Malaysia has a more proportionate normative design through fines of at least five times the gratuity value and stronger asset tracing mechanisms, but its effectiveness still has to be read with caution as the available asset recovery data is not always on par with Indonesia's. This article recommends the reformulation of proportional fines, strengthening non-conviction-based asset forfeiture, integrating enforcement data, and strengthening the principle of al-'uqubah as an ethical framework for corruption punishment oriented towards prevention, recovery, and public benefit.
Negotiating Religiosity and Cultural Commercialization in the Adaptation of the Halal Industry within Bugis–Makassar Traditional Weddings Nursakia Nursakia
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.v11i1.8185

Abstract

Previous studies on Bugis-Makassar weddings have primarily examined the symbolic meanings of customary rituals, while research on the halal industry has generally focused on certification, regulation, and market growth at the macro level. Limited attention has been given to how halal industry practices interact with ritual authority, communal solidarity, and cultural commercialization within local wedding traditions. This study examines the adaptation of the halal industry in Bugis Makassar customary weddings in Soppeng Regency and analyzes the negotiation between Islamic religiosity, customary values, and market practices. Employing a qualitative case study design, data were collected through participant observation, in-depth and semi-structured interviews with wedding service providers, cultural figures, religious leaders, consumers, and a representative of the Halal Product Assurance Organizing Agency, as well as document analysis. The data were analyzed through reduction, display, conclusion drawing, and verification. The findings demonstrate that halal standard implementation operates through a hybrid model combining formal regulatory requirements, self-regulated halalan thayyiban practices, collective trust, and business reputation. The expansion of professional wedding services has shifted the instrumental and technical roles of customary figures, including the Bissu and indo’ botting, to wedding service providers, while authority over sacred rituals and cultural meanings remains under the control of the extended family. The massarapo tradition has also transformed from collective physical labor into financial contributions and vendor-based assistance, indicating a reconfiguration rather than the disappearance of social solidarity. Halal attributes simultaneously function as expressions of religious commitment, service-quality standards, and market differentiation. This study contributes the concept of procedural cultural hybridization to explain how religious standards, market mechanisms, and customary authority are negotiated without completely displacing Bugis Makassar cultural identity.
Reconstruction of Muhammad Abduh's Istinbāṭ Method on Ahl al-Kitāb Muslim Marriage: Legal Analysis Based on Maqāṣid Syariah Fahrul Dawam
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.v11i1.7239

Abstract

This study examines the reconstruction of Muhammad Abduh’s istinbāṭ method concerning Muslim–Ahl al-Kitāb marriage from the perspective of maqāṣid al-sharīʿah. The study is motivated by differences between classical jurisprudence and Abduh’s reformist approach to defining Ahl al-Kitāb and determining the permissibility of interfaith marriage. This issue is particularly relevant in pluralistic contemporary societies where Qur’anic norms intersect with social realities, considerations of public benefit, and positive law. Using library research with a normative-philosophical approach, this study analyzes primary sources, including the Qur’an and Muhammad Abduh and Rashīd Riḍā’s Tafsīr al-Manār, supported by relevant fiqh, maqāṣid al-sharīʿah, and scholarly literature. The analysis focuses on the relationship between naṣṣ, reason, al-muḥṣanāt, Ahl al-Kitāb, maṣlaḥah, and the objectives of Islamic law. The findings demonstrate that Abduh’s istinbāṭ methodology does not rely solely on literal textual interpretation but integrates Qur’anic evidence, rational analysis, social context, and considerations of benefit and harm. QS. al-Mā’idah [5]:5 provides the normative basis for the permissibility of Muslim men marrying qualified Ahl al-Kitāb women, while QS. al-Baqarah [2]:221 concerns the prohibition of marriage with polytheists. The reconstructed method consists of textual identification, linguistic and intertextual analysis, rational reasoning, maqāṣid consideration, assessment of maṣlaḥah and mafsadah, and contextual application. Thus, permissibility is not absolute but must consider religion, lineage, honor, family continuity, children’s education, and household welfare.
Procedure for the Adoption of Found Children in the Village Sidosari, Natar, South Lampung Perspective Law No. 35/2014 and Government Regulation No. 54/2007 Guntur Setiawan; Annikmah Farida
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.v9i2.8214

Abstract

This study aims to analyze the practice of child adoption found in Sidosari Village, Natar District, South Lampung Regency, reviewed from Law Number 35 of 2014 concerning Child Protection and Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption, identify factors that hinder the implementation of legal procedures, and analyze their impact on the fulfillment of children's rights. This study uses a qualitative method with an empirical juridical approach. Primary data were obtained through interviews with the families of the child's caregivers, village officials, and community leaders, while secondary data were obtained from relevant laws and regulations, books, and scientific literature. Data is collected through interviews, observations, and documentation, then analyzed qualitatively through the stages of data reduction, data presentation, and conclusion drawn. The validity of the data is carried out through source triangulation. The results of the study show that the practice of adopting children found in Sidosari Village is more based on humanitarian, family, and social solidarity considerations than compliance with formal legal procedures. Obstacles to the implementation of legal procedures include low understanding and awareness of the community's law, limited access to information and related institutions, perception of the complexity of administrative procedures, and a strong culture of family problem-solving. Based on Soerjono Soekanto's theory of legal effectiveness and Lawrence M. Friedman's theory of the legal system, these conditions show that the relationship between legal substance, legal structure, and legal culture in the implementation of child adoption is not optimal. From the aspect of fulfilling rights, the children found in the study have received sufficient parenting, basic needs, and fulfillment of identity rights. However, the absence of a court determination raises potential uncertainty regarding the legal status and protection of children's civil rights in the future. Therefore, it is necessary to strengthen the role of the village government and social services through socialization, mentoring, and simplification of access to legal procedures so that the family's values can run in line with certainty and legal protection for children.

Page 32 of 32 | Total Record : 315

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