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The Dismissal of State Administrative Officials under Indonesian Positive Law and Maqasid al-Shariah Nadya Fransiska; Bustamar Bustamar
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v5i1.1881

This study aims to analyze the dismissal of state administrative officials through a comparative examination of Indonesian positive law and the perspective of Maqasid al-Sharia, focusing on the relationship between formal legal certainty and substantive justice. This study employs qualitative field research using interviews and documentation of dismissal cases involving the Heads of Payakumbuh Timur and Lengayang Subdistricts in Pesisir Selatan Regency. The data were analyzed comparatively by integrating principles of Indonesian administrative law with the framework of Maqasid al-Sharia. The findings reveal that Indonesian positive law provides a normative and procedural framework for the dismissal of administrative officials; however, its implementation may undermine procedural justice, particularly when officials are not adequately given opportunities for clarification and self-defense. From the perspective of Maqasid al-Sharia, dismissals that disregard procedural justice may create bureaucratic mafsadah and undermine public welfare. The study concludes that the dismissal of administrative officials should balance legal certainty with substantive justice by ensuring procedural fairness throughout the administrative decision-making process. The academic contribution of this study lies in developing an integrative analytical framework that connects administrative law with Maqasid al-Sharia to evaluate dismissal practices and promote administrative governance that is legally valid, procedurally fair, substantively just, and ethically legitimate..

Legitimasi Adat dalam Hukum Islam: Studi Sosiologi Hukum Islam terhadap Tradisi Maanta Uang Dapur Hasnah Asrul; Bustamar Bustamar
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.357

This study aims to analyze the factors that contribute to the preservation of the maanta uang dapur tradition in the marriage practices of the people of Nagari Pakan Sinayan, Banuhampu District, Agam Regency, and to examine its relevance to the principles of Islamic law. The maanta uang dapur tradition is a customary practice that requires the groom’s family to provide a certain amount of money to the bride’s family before the implementation of the baralek (wedding feast), in accordance with agreements established within the community. This research employs a sociological-juridical approach using qualitative research methods. Primary data were obtained through interviews with the Chairperson of the Kerapatan Adat Nagari (KAN), the village head, traditional leaders, religious leaders, bundo kanduang, and local community members. Secondary data were collected from Islamic legal literature, academic journals, and other relevant written sources. The findings indicate that the maanta uang dapur tradition continues to be maintained because it is regarded as an inherited custom that has become deeply rooted in the social life of the people of Nagari Pakan Sinayan. The tradition functions as a symbol of respect for customary values, a means of preserving family honor, and a social identity that reflects the existence and cultural values of the local community. From the perspective of Islamic law, the maanta uang dapur tradition is relevant to the principle of al-'adah muhakkamah, which recognizes customary practices as a valid legal consideration as long as they do not contradict Islamic teachings.

Kesejahteraan Masyarakat Nagari Berdasarkan Peraturan Bupati Solok Selatan dalam Perspektif Siyasah Tanfidziyah Lusi Tamire; Bustamar Bustamar
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.371

This study aims to analyze community welfare in Nagari Lubuk Gadang Tenggara, a village established through the regional expansion policy under South Solok Regent Regulation Number 25 of 2017, and to examine its implementation from the perspective of Fiqh Siyasah Tanfidziyah. The establishment of new administrative areas is expected to improve public service delivery, accelerate development, and enhance the welfare of local communities. This research employed a qualitative field research approach to explore the empirical conditions of community welfare and the effectiveness of local governance after the regional expansion. Data were collected through in-depth interviews with 13 informants consisting of village officials, community leaders, and local residents. Supporting data were obtained from government regulations, official documents, and relevant literature on public welfare and Islamic political jurisprudence. The collected data were analyzed using qualitative descriptive techniques through data reduction, data presentation, and conclusion drawing. The findings reveal that the implementation of South Solok Regent Regulation Number 25 of 2017 has generated positive impacts on community welfare, particularly through improved accessibility and efficiency of public administrative services. The proximity of government offices has reduced bureaucratic barriers and facilitated community participation in local governance. Nevertheless, several structural challenges continue to hinder the achievement of comprehensive welfare, including the unequal distribution of social assistance, limited village financial capacity, inadequate internet connectivity, poor road infrastructure, and insufficient educational and healthcare facilities. From the perspective of Fiqh Siyasah Tanfidziyah, these developments reflect partial fulfillment of the government's responsibility to promote public welfare (maslahah).

Implementasi Prinsip-Prinsip Syariah pada Produk Tabungan Easy Mudharabah di BSI KCP Bukittinggi Sudirman Nia Irfansyah; Bustamar Bustamar
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.793

This research is motivated by the challenge of asymmetric information in the implementation of the Easy Mudharabah Savings product at Bank Syariah Indonesia (BSI) KCP Bukittinggi Sudirman, particularly regarding the gap between the bank’s technical understanding and customers’ comprehension of the mudharabah mechanism. This study aims to analyze the implementation of the mudharabah contract and examine the extent to which sharia principles are applied in the operational practices of the product. Using an empirical juridical approach through field research with a qualitative method, data were collected through interviews with bank practitioners and documentation studies, which were analyzed descriptively based on Islamic economic law principles and DSN-MUI fatwas. The results indicate that the Easy Mudharabah Savings product has implemented the mudharabah muthlaqah contract by positioning customers as shahibul maal and the bank as mudharib through a profit-sharing (nisbah) mechanism rather than a fixed interest system. The implementation of sharia principles is reflected in the application of justice (al-‘adl), trustworthiness (amanah), and public benefit (maslahah), supported by Sharia Supervisory Board (DPS) oversight and prudential management practices. However, challenges remain regarding customers’ understanding of profit-sharing mechanisms and the characteristics of Islamic banking products. This study provides empirical insights into the importance of strengthening sharia compliance and customer education as efforts to reduce asymmetric information and enhance public trust in Islamic financial institutions.

Keabsahan Akad Wadiah pada Produk Tabungan Haji Pelajar di PT. BPRS Jam Gadang Bukittinggi Nabil Alqairi; Bustamar Bustamar
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.973

This study aims to analyze the implementation of the wadiah contract in the Student Hajj Savings product at PT. BPRS Jam Gadang Bukittinggi and to assess its validity based on Islamic economic law. This field research employed a descriptive qualitative approach, with data collected through interviews and documentation involving the Sharia Supervisory Board (DPS), bank employees, teachers, and students. The findings indicate that the implementation of the wadiah contract is carried out through three stages: pre-contract, contract, and post-contract. Account opening by students through the completion and signing of the Customer Data Form (FDN) is conducted without written consent from parents or guardians, although verbal consent has been obtained. From the perspective of Islamic economic law, this practice is generally in accordance with the principles of Fiqh Muamalah and DSN-MUI Fatwa Number 02/DSN-MUI/IV/2000 concerning Savings. The validity of the contract remains acceptable due to the verbal consent of parents or guardians. However, considering that the contract constitutes a legal act involving an Islamic financial institution, parental or guardian consent should be provided in written form to ensure legal certainty and protection for all parties involved.

Efektivitas Pusaka Sakinah dalam Penyelesaian Konflik Rumah Tangga di KUA Kecamatan MKS Kota Bukittinggi Zahid Al Zuhairi; Bustamar Bustamar
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 2 (2026): June 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i2.2135

Domestic conflict remains a leading cause of divorce in Indonesia, promting the Ministry of Religious Affairs to establish Pusaka Sakinah (the Familiy Sakinah Server Center) as a preventive and mediating institution within Kantor Urusan Agama (KUA). This study examines the role and function of Pusaka Skainah at the KUA of Mandiangin Koto Selayan, Bukittinggi, in resolving domestic conglicts, and evaluates the effectiveness of it’s implementation. It aims to identify how the program operetes and to assess it’s effectiveness using Soerjono Soekanto’s legal efeectiveness theory, covering the factors of legal rules, law enforcement officers,facilities, society, and culture. This research employs a qualitative field-research method with a descriptive approach, using interview, observation, and documentation techniques, with the officiants (penghulu) as primary informants. The findings show that Pusaka Sakinah has carried out it’s funcyion through consultation, mediation, and marriage guidance services, supported by adequate institusional and human resources. However, the program has not been fully effective, primarily due to low community participation, the absence of a standardized documentation system, limited certified mediators, and the lack of a standard operating procedure for consultation services. These findings contribute theoretically by reinforcing Soerjono Soekanto’s effectiveness framework and practically by informing policy improvements for KUA and the Ministry of Religious Affairs. Domestic conflict remains a leading cause of divorce in Indonesia, promting the Ministry of Religious Affairs to establish Pusaka Sakinah (the Familiy Sakinah Server Center) as a preventive and mediating institution within Kantor Urusan Agama (KUA). This study examines the role and function of Pusaka Skainah at the KUA of Mandiangin Koto Selayan, Bukittinggi, in resolving domestic conglicts, and evaluates the effectiveness of it’s implementation. It aims to identify how the program operetes and to assess it’s effectiveness using Soerjono Soekanto’s legal efeectiveness theory, covering the factors of legal rules, law enforcement officers,facilities, society, and culture. This research employs a qualitative field-research method with a descriptive approach, using interview, observation, and documentation techniques, with the officiants (penghulu) as primary informants. The findings show that Pusaka Sakinah has carried out it’s funcyion through consultation, mediation, and marriage guidance services, supported by adequate institusional and human resources. However, the program has not been fully effective, primarily due to low community participation, the absence of a standardized documentation system, limited certified mediators, and the lack of a standard operating procedure for consultation services. These findings contribute theoretically by reinforcing Soerjono Soekanto’s effectiveness framework and practically by informing policy improvements for KUA and the Ministry of Religious Affairs.

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