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AHKAM : Jurnal Hukum Islam dan Humaniora

ahkam
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Published by Lembaga Yasin Alsys

ISSN : 29646332 EISSN : 29646340 DOI : https://doi.org/10.58578/ahkam

Core Subject : Humanities, Social,

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

This journal was published by Penerbit LYAS which was published Four times a year, December, March, June, and September with a minimum of 5 articles. The journal aims to provide a forum for scholarly understanding of the field of law and plays an important role in promoting the process that accumulated knowledge, values, and skills. Scientific manuscript dealing with Human Rights, Policy, Values of Islam, and other sections related to law. topics are particularly welcome to be submitted.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 81 Documents

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Pendidikan Politik sebagai Bagian dari Hak Politik Warga Negara Windan Jatnika
AHKAM Vol 1 No 1 (2022): DESEMBER
Publisher : Lembaga Yasin AlSys

Human Rights (HAM) is a set of rights that humans naturally get since they are born, therefore these human rights must be protected. The development of Human Rights is influenced by several thoughts that gave birth to theories and concepts of Human Rights (HAM). The view of Human Rights (HAM) is based on the idea that human rights are a social phenomenon formed by humans, the result of which is the human rights law. The presence of the state through law is the embodiment of the concept of Human Rights which aims to order human life. This study describes political education as one of the human rights that must be protected by the state. Political education is important, especially in dealing with elections in order to produce democratic elections. The results of this study found that the political education obtained by the community is still low, the role of political parties in carrying out the function of political education to the community is also not optimal and tends to be pragmatic.

Pentingnya Peranan Pemerintah Daerah dalam Penyelenggaraan Pemilihan Umum Suwardi Maninggesa
AHKAM Vol 1 No 1 (2022): DESEMBER
Publisher : Lembaga Yasin AlSys

In the Indonesian state, the Constitution guarantees the sovereignty of the people, this is contained in article 2 paragraph (2) of the 1945 Constitution which states that "Sovereignty is in the hands of the people and implemented according to the Constitution" then this is contained in the 4th Pancasila precept which reads "Populist led by wisdom in representative deliberations" then its implementation is carried out in Law Number 7 of 2017 concerning General Elections, Article 1 explains that General Elections, hereinafter referred to as elections, are a means of ratkyat sovereignty to elect members of the People's Legislative Assembly, members Regional Representative Council, President and Vice President, and to elect members of the Regional People's Legislative Assembly, which are carried out directly, publicly, freely, confidentially, honestly and fairly within the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia The General Election Commission (KPU) is glue As election organizers, the Election Supervisory Body (Bawaslu) is an institution that oversees elections, but election success is not only the responsibility of the KPU or Bawaslu, but all elements of the Indonesian nation have their respective responsibilities and roles in holding successful elections, including the government. participating area. In holding General Elections, the Regional Government is mandated to provide assistance and facilities in accordance with statutory provisions. This study discusses the importance of the Regional Government's Role in the Implementation of General Elections.

Law Enforcement of Criminal Acts of Smuggling Illegal Export-Import Goods in Indonesian Waters Iis Rahmawati
AHKAM Vol 1 No 1 (2022): DESEMBER
Publisher : Lembaga Yasin AlSys

The purpose of this study is to find out and analyze law enforcement in the field of customs, against the smuggling of illegal export-import goods in the territory of Indonesia. The research method used is a qualitative method using a legal approach and a conceptual approach. Data sources are primary data and secondary data. Based on the research findings, cases of smuggling illegal export-import goods are increasing every year, with various types of illegal goods. This is because it is influenced by several factors, one of which is the geographical factor of Indonesia which has many islands that are opportunities for smuggling illegal goods, in addition to geographical factors are also influenced by natural resources, industrial conditions, overproduction, and transportation. Smuggling of export-import goods is a criminal offense that has been regulated in various Indonesian laws and regulations. As for law enforcement efforts carried out, namely by taking preventive measures by monitoring and checking people or goods suspected of committing customs crimes, in addition to preventive efforts, repressive efforts are also carried out, namely law enforcement in the form of investigations, arrests, prosecutions, to prosecutions by imposing criminal penalties by the court.

Pengaruh Aliran Hukum Positivisme dan Rasa Keadilan di Indonesia Irma Indriyani
AHKAM Vol 1 No 1 (2022): DESEMBER
Publisher : Lembaga Yasin AlSys

Legal positivism school of thought or Legal Positivism has a strong influence in law enforcement in Indonesia. The method used in this research is a qualitative method with a literature study approach. The results of his study concluded that law enforcement prioritizes the side of legal certainty compared to a sense of justice, this happens because in law enforcement judges pay less attention to other aspects of enforcement such as sociological, psychological, ethical and moral. Therefore, the author proposes a legal reform related to strengthening values religion, Pancasila and progressive law enforcement.

Konsep Negara dan Demokrasi dalam Perspektif Hukum Islam dan Hukum Positif di Indonesia Muhammad Dimas Hidayatullah Wildan
AHKAM Vol 1 No 1 (2022): DESEMBER
Publisher : Lembaga Yasin AlSys

The concept of the State and democracy has spread to become an issue loaded with various meanings, so that at present it seems that almost all countries claim to be 'democratic'. The concept of the State in Islam is an organization of law and order while the State is a khilafah and imamate. In contrast to Islamic Law, positive law in Indonesia discussing the State and Democracy must be in accordance with the Pancasila Principles.

Redistricting dan Polarisasi Partai di Dewan Perwakilan Rakyat Amerika Serikat Mariana Mariana
AHKAM Vol 1 No 1 (2022): DESEMBER
Publisher : Lembaga Yasin AlSys

The increasing level of party polarization observed in contemporary Congress has been attributed to a variety of factors. One of the more commonly recurring themes among congressional political observers is that the changes in district boundaries resulting from the redistricting process are the root cause. Using a new data set connecting congressional districts from 1962 to 2002, we offer hands-on testing of these claims. Our results show that despite an overall trend of increased polarization, districts that have undergone significant changes as a result of redistricting are becoming more polarized. Although the effect is relatively simple, it suggests that redistricting is one among other factors that generates party polarization in the House and may help explain the increasing level of polarization in the House relative to the Senate.

Penerapan Hybrid Contract dalam Pebiayaan Cicil Emas Mega Silvia; Nana Herdiana Abdurrahman; Yoyok Prasetyo
AHKAM Vol 2 No 1 (2023): MARET
Publisher : Lembaga Yasin AlSys

Islamic banks that are Shariah compliant offer a wide range of financial services to meet local demands. Gold installment financing is a form of financing offered by several Islamic banks. Gold Bullion (bars) can be purchased with installment payments through the Murabahah contract associated with the Rahn contract. The purpose of this study is to study how hybrid contracts can be used to finance gold purchases over time. In this study, using descriptive analysis techniques (descriptive analysis). The authors use this strategy in an effort to provide a transparent explanation given the available research. The purpose of the descriptive method of analysis is to create a description (description) of the event or situation. The study found that the steps involved in providing gold installment financing are as follows: customer application, NAP preparation, financing approval, contract, gold procurement, and collateral deposit. Gold financing can be repaid for two to five years. The general implementation of gold installment financing is governed by the provisions stipulated in SEBI No. 14/16/dpbs of 2012 concerning gold installment financing products and SEOJK No. 36/SEOJK.03/2015 concerning products and activities of Sharia commercial banks and Sharia Commercial Banks and Sharia Commercial Banks. Customers can use gold as collateral to pay a down payment of at least 20%. However, there are costs involved, including the cost of storing and maintaining the guarantee during the installment period, and the guarantee is insured.

Hukum Perkawinan dalam Perspektif Hukum Positif dan Hukum Islam Mega Meirina
AHKAM Vol 2 No 1 (2023): MARET
Publisher : Lembaga Yasin AlSys

In the compilation of Islamic law, it is explained that marriage is marriage, which is a strong contract or mitsaqan ghalizhan to obey Allah's commands and carry it out is worship. The term marriage comes from Arabic, namely (النكاح), some say marriage according to fiqh terms used the words marriage and zawaj words. Meanwhile, according to Indonesian terms, it is marriage. Nowadays it is often distinguished between marriage and marriage, but in principle, marriage and marriage differ only in drawing the root of the word. The meaning of marriage according to the Shari'ah, marriage also means a contract. While the notion of intercourse is only a metaphor. The meaning of marriage here is the union of two people with different types, namely men and women who form a bond with an agreement or contract. The analytical descriptive method used in this research is to present an appropriate description regarding the function of multinational companies in economic development through foreign investment. The results of the study concluded that in the Indonesian-national legal system, Law No. 1/1974 and Presidential Instruction no. 1/1991 is a regulation that contains Islamic legal values, even KHI is an Indonesian fiqh which fully contains Islamic civil law material (marriage, inheritance and waqf), in the development of contemporary Islamic religious and family differences law, there have been many developments of thought, including in allow interfaith marriages.

Markobar: Telaah Adat dan Pandangan Islam Abdul Gani Jamora Nasution; M. Abrar Putra Kaya Harahap; Fitri Ramadhani; Zelma Azahra; Amanda Fhadillah Siregar
AHKAM Vol 2 No 1 (2023): MARET
Publisher : Lembaga Yasin AlSys

The purpose of this research is to find out how the Markobar Tradition is carried out and also to find out how Islam views the Markobar Tradition of the Mandailing tribe. The method used in this research is a qualitative method with a descriptive approach. Data collection techniques are carried out by means of observation, interviews, and documentation. The research results obtained are that Markobar is one of the customs of the Mandailing tribe in the form of oral literature. Generally, markobar is carried out during Siriaon events (a party in a happy atmosphere) or a party in an atmosphere of mourning (Silulutun). In carrying out the traditional Markobar wedding event, it was opened by the Suhut. Then answered by Mora to Kahanggi and continued with advice by the families of the bride and groom based on the Dalian Natolu system. At the death ceremony, Markobar was only different from advising him, the messages conveyed were encouragement and condolences. The activity was opened Suhut and continued by the family. All kinds of cultural values that are in line with Islamic teachings may be carried out by looking at the Shari'a and the provisions of Allah SWT. Markobar practices are in line with Islam, namely giving advice to do good and leave bad, but there needs to be a little clarification in the procedure for implementing it, namely to pay more attention to time and to always remember Allah SWT.

Konsep Lembaga Negara Indonesia dalam Perspektif Teori Trias Politica Berdasarkan Prinsip Checks and Balances System Odang Suparman
AHKAM Vol 2 No 1 (2023): MARET
Publisher : Lembaga Yasin AlSys

There have been many constitutional law experts who have made studies and at the same time thoroughly investigated various legal studies and have been used as a reference for a world figure named Baron Secondat de Montesquieu (hereinafter known as Montesquieu) with his famous theory built and developed, namely the Triassic Theory Politica. The theory of Trias Politica in its implementation, if applied, is still relevant in the development of the constitutional era and is one of the pillars of democracy. Based on the Theory of Trias Politica, in principle, dividing state political power into three State Institutions, namely: 1. Legislature; 2. Executive; and 3. Judiciary. In order to realize the three types of State Institutions that are independent of each other and are in an equal rank (horizontal) to one another. The equality and independence of these three types of State Institutions is and is necessary so that the three state institutions can or are willing and able to supervise and control each other based on the principle of a checks and balances system in practice. The separation and division of the three authorities in three different State Institutions, it is hoped that the running of the state government will not be unequal and at the same time not overlapping, and can avoid Collusion, Corruption and Nepotism (KKN) government by one Institution and at the same time will bring up a checks mechanism and balances system (correcting and balancing each other). Power according to the Theory of Trias Politica into three parts can be explained in this study.

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Contact Name
Muhammad Irwan Hadi

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+6285799379817

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ahkam@yasin-alsys.org

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Jl. Yasin No 01 Keruak Kec. Keruak Lombok Timur Nusa Tenggara Barat

Location
Kab. lombok timur,

Nusa tenggara barat

INDONESIA

Abstract

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Muhammad Irwan Hadi

Contact Email m.h4di@ymail.com

Phone +6285799379817

Journal Mail Official ahkam@yasin-alsys.org

Editorial Address Jl. Yasin No 01 Keruak Kec. Keruak Lombok Timur Nusa Tenggara Barat

Location Kab. lombok timur, Nusa tenggara barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Muhammad Irwan Hadi

Contact Email
m.h4di@ymail.com

Phone
+6285799379817

Journal Mail Official
ahkam@yasin-alsys.org

Editorial Address
Jl. Yasin No 01 Keruak Kec. Keruak Lombok Timur Nusa Tenggara Barat

Location
Kab. lombok timur,

Nusa tenggara barat

INDONESIA