Ahkam: Jurnal Hukum Islam

Journal Information
ISSN / EISSN : 2303-1905 / 2549-1075
Current Publisher: IAIN Tulungagung (10.21274)
Total articles ≅ 51
Filter:

Latest articles in this journal

Published: 1 November 2018
Ahkam: Jurnal Hukum Islam, Volume 6; doi:10.21274/ahkam.2018.6.2.215-240

Abstract:
The most discussed form of Islamic state system is khilafah. Therefore, this current study discusses the philosophy of khilafah from the perspectives of ontology, epistemology, and axiology. From the perspective of its ontology, it turns out that khilafah is a dynamic terminology in the history of Islamic politic. It can be traced from the history that the Islamic political system changes according to the social condition and the ruling regime. It may be called khilafah, imamah or mulk (kingdom). In other meanings, it can refer to religious theocracy, monarchy-oligarchy, or democracy in the form of nation state. Whatever the name of the Islamic state system is used, all Islamic state must be directed to achieve the maslahah. According to the scholars of the maqashid al-syariah, the maslahah is measured using the five universal standards of principles (kuliyat al-khams). They are ensuring the freedom of religion (hifdz al-din), ensuring the life (hifdz al-nafs), ensuring the creativity and freedom of thinking and speak (hifdz al-‘aql), securing the property (hifdz al-mal), and ensuring the sustainability of offspring and human dignity (hifdz al-nasl wa al-‘irdl). Keywords: Islamic law Khilafah, Politic, Maslahah
Fajrina Eka Wulandari
Published: 1 November 2018
Ahkam: Jurnal Hukum Islam, Volume 6; doi:10.21274/ahkam.2018.6.2.241-266

Abstract:
This article discussed about regulation in peer to peer lending of financial technology (fintech). The method used in this article is library research because the case is the latest case. Regulation about transaction in fintech based on, regulation of OJK, regulation of Indonesian Bank and guidance of MUI. Three regulation give the rule for transaction in financial technology to avoid some loss when doing the transaction with other people.Keywords: Fintech, Regulation of OJK, Regulation of Indonesian Bank, Guidance of MUI
Published: 1 November 2018
Ahkam: Jurnal Hukum Islam, Volume 6; doi:10.21274/ahkam.2018.6.2.389-410

Abstract:
In addition to the current positive law or written law or product legislation there is also an unwritten law which is a living law. The law which grows, develops, and is maintained in a society is better known as Customary law. Customary law as a law born from the personality of the Indonesian nation is clearly very important for the Indonesian people. Customary law is an expression or statement of human thoughts and feelings about the just and unjust growing in society. Until now the Indonesian people in autonomous regions tend to respect the customary laws that apply in their area, for example are the nagari law in Minangkabau, the nagari law in Aceh, the Fondrako law (customary law and customary procedures) in the Nias Islands North Sumatra. Local people choose not to violate the customary law because of severe sanctions and are reluctant to the deal with traditional institutions or communities so that customary law is respected by people in autonomous regions like this. Other problems that often arise in the community, usually, are related to land disputes, inheritance, etc., for example the land dispute that occurred in 2017 in the Segene Balik village, KutePanang Subdistrict, Central Aceh, which was able to be resolved by the customary justice. This shows how the existence of customary law in resolving conflicts in autonomous regions currently has a very important role. Given that it is not always written law in the form of legislation, the customary law can always follow the development of the society. Another important role, customary law as a law that lives, grows and develops in the community, is the main source of the formulation of legislation.Keywords: Existence of Customary Law, Autonomous Region, Conflict
Lufaefi L
Published: 1 November 2018
Ahkam: Jurnal Hukum Islam, Volume 6; doi:10.21274/ahkam.2018.6.2.293-312

Abstract:
Man is created into a man and a woman. Both have equal rights in the perspective of God (Surat AtTaubah [9]: 71-72). But, as a matter of fact women often become marginalized person. One example is as illustrated in the contents of several articles of Indonesian marriage laws which are still gender- biased and discredit women. This applies in the definition of marriage which inferiorly disparages women; women's marriage age should be easier than men; legalized polygamy; the inferior position of the wife in the point of view of the husband and many other problems. This article is trying to see those problems from the perspective of religion, however violating the religious ideals that require justice. Therefore the solution of the problems is sought to fit with the ideals of religion. Through the approach of Islam, the above mentioned examples are contradictory to the teachings of Islam, because it is not in line with the vision of religion as a religion of justice, equality and glorification of women.Keywords: UUP, Gender Bias, Women, Equality
Sholahuddin Al Fatih
Ahkam: Jurnal Hukum Islam, Volume 6; doi:10.21274/ahkam.2018.6.2.363-388

Abstract:
Indonesia has held election since 1955. In several periods of election, there were changes of regulation. One of them is about Parliamentary Threshold. As known, Parliamentary Threshold has been applied in Indonesia in elections period of 2009 by 2.5%. In the 2014 elections, parliamentary threshold changed into 3.5% and did not apply nationally. In accordance to the mandate of the Constitutional Court Decision Number 52/PUU-X/2012, the parliamentary threshold applies only to count the number of a legitimate votes political party in the House of Representative (DPR). In election period of 2019, Parliamentary Threshold was increased to 4% and applies only to count the number of a legitimate votes political party in the House of Representative (DPR).Thus, at the level for Local House of Representative of Provincial DPRD and Regency/City DPRD shall not apply the provisions of the Parliamentary Threshold. This situation led to many political parties to parliament, which can be ineffectiveness of local government performance. Therefore, it is necessary to simulate Parliamentary Threshold to apply equitable parliamentary elections in Provincial DPRD and Regency/City DPRD and also the fair percentage of Parliamentary Threshold to create effective governance performance and simple multi-party system in region.Keywords: Implementation, Parliamentary Threshold, Election for Members of Provincial DPRD and Regency/City DPRD
Yunizar Wahyu Tristanto
Published: 1 November 2018
Ahkam: Jurnal Hukum Islam, Volume 6; doi:10.21274/ahkam.2018.6.2.411-436

Abstract:
The case handling system implemented in Indonesia currently spends much time and effort. Indonesian criminal justice often experiences cases of accumulation or over capacity, criminal cases that cannot be resolved by judges in Indonesia every year continues to increase. To improve the quality of the handling of cases, there must be a change in the criminal justice system. An effective and efficient criminal justice system is necessary, due to many unresolved cases in the court. Indonesia is already in the process of making changes to the Criminal Procedure Code (KUHAP), in the Criminal Procedure Code there is a Special Line system to facilitate the examination in the hearing. The system adopted the western system known as Plea Bargaining. Plea Bargaining's objective is the same as the Special Line for the efficiency of case handling time. The application of the Plea Bargaining concept is considered as a way out to overcome the accumulation of cases in the Indonesian judiciary, so that the principles of justice that are fast, simple and low-cost can be realized.Keywords: Criminal Case, Effective, Efficient, Special Line, Plea Bargaining
Ahmad Gelora Mahardika
Published: 1 November 2018
Ahkam: Jurnal Hukum Islam, Volume 6; doi:10.21274/ahkam.2018.6.2.267-292

Abstract:
The states value is based on the norm in the state of life. Pancasila (five principles) as the supreme legacy of the founding fathers is a groundnorm which is equal to life, liberty and the pursuit of the happiness which was created by USA founders or liberty, and is equal to egality and fraternity which was created by France philosophers. But, years after years, regime to regime, Pancasila becomes more difficult to be understood. Even, Pancasila often becomes the tools for the status quo to run his authority. Pancasila as an abstract norm, can only be interpreted by the authority. By watching and observing the office of government, the writer hopes to find the states value hidden in the Pancasila.Keywords: Values, states, Pancasila, authority
' Sakirman
Ahkam: Jurnal Hukum Islam, Volume 6; doi:10.21274/ahkam.2018.6.2.337-362

The publisher has not yet granted permission to display this abstract.
Nurlaili Rahmawati
Ahkam: Jurnal Hukum Islam, Volume 6; doi:10.21274/ahkam.2018.6.2.313-336

Abstract:
The dispute of local election result is related to difference of the way or amount of result in counting vote between local election commission as the institution of administrator’s election and participants of the local election. If only there is participants of local election who are unsatisfied with the result, they can submit the lawsuit to Constitution Court as regulation article 24C UUD 1945. The reason of dispute local election result in Serang City is due to broken seal of vote voice box, and a lot of cheating done by the couples of candidates but the difference in vote between winners and losers is more than 2%. This research is using case study and descriptive-analysis method. The result is Constitution Court wouldn’t judge the case, if the lawsuit doesn’t comply to formal requisites: first, difference of voting count is not more than 2% of legal vote; second, the lawsuit submitted is not Constitution Court’s authority; third, overdue factor related time of submit lawsuit, as the regulation, should be submitted on 3 (three) days after announcement.Keywords: Local Election Disputes, Constitution Supreme Court
Nurlaili Rahma
Published: 1 July 2018
Ahkam: Jurnal Hukum Islam, Volume 6; doi:10.21274/ahkam.2018.6.1.84-105

Abstract:
Supreme Court Regulation No. 1 Year 2016 gives a big change to every seeker of justice and everyone who is involved in it because this new rules revise many regulation compared to the previous one, in order to make mediation more efective and efficient. The success of mediation is not only determined by regulation, but also the goodwill of both parties having a legal dispute, the support of judge, the support of lawyer, and mediator’s profesionalism to conduct mediation. Therefore, the capability non judge mediator must be upgraded to decrease the rate of divorce in the court because every year the number of case always increases due to various problem.Keywords: Mediasi, Perceraian, PERMA No. 1 Tahun 2016
Back to Top Top