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All Journal Al-'Adalah Lex Scientia Law Review Al-Mazaahib: Jurnal Perbandingan Hukum
Sahid, Muallimin Mochammad
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Public Procurement Nexus Social for Mitigate the Corruption: Lesson from Indonesia Prakasa, Satria Unggul Wicaksana; Hariri, Achmad; Haq, Hilman Syahrial; Arafah, Adhy Riadhy; Sahid, Muallimin Mochammad
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.72630

Abstract

This study delves into the vulnerability of Indonesia's National Budget (APBN) to corruption, specifically in the Procurement of Goods and Services, with a particular focus on the potential for misallocation across regions. Building on significant scholarly contributions from both Indonesian and international researchers, the research undertakes a thorough examination of preventive measures against corruption in public procurement. Employing a Participatory Action Research (PAR) approach, the study integrates community solidarity into its corruption prevention model, utilizing a combination of data collection methods such as questionnaires, interviews, and focus group discussions (FGDs). A central topic in the study is the important role of e-procurement in combating corruption, advocating for its transparent and accountable application as a deterrent. To bolster preventive efforts, the research proposes mandatory declarations from tender participants, along with an enhanced auction rebuttal mechanism throughout the various stages of procurement. The preventative framework underscores the significance of civilian, academic, and journalistic supervision to proactively identify corruption and conflicts of interest. Recognizing the nuanced nature of fraud patterns at the provincial level, the study advocates for a region-specific approach to maximize the effectiveness of e-procurement. This regional focus aligns with the study's emphasis on the involvement of relevant agencies operating at the local level. In essence, this research contributes a targeted analysis to complement existing literature, aiming to curb corruption in public procurement through strategic and context-specific preventive measures.
Inheritance Property Distribution Models Among the Muslim Community of Borneo-Nusantara Hasan, Muhammad; Ma'u, Dahlia Haliah; Sahid, Muallimin Mochammad
al-'adalah Vol 21 No 1 (2024): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v21i1.22310

Abstract

This article is aimed at describing the model of transfer of property to heirs in the inheritance of the Muslim community of Borneo-Nusantara. On the one hand, the Muslim community of Borneo is obedient and subject to the doctrine of Islam, but on the other hand, they also cannot avoid the local culture that lives in the Borneo community. This research is classified as descriptive-qualitative research using a legal sociology approach. Data collection was carried out through electronic and manual searches from sources in the form of books, manuscript articles, or other information materials related to the problem being studied. Data analysis was carried out using content analysis techniques. This study found that there were at least 6 models of transfer of property to heirs practiced by the Muslim Community of Borneo-Nusantara, namely: 1) farāidh-ishlāh, 2) ishlāh (deliberation), 3) hibah-wasiat, 4) hibah, 5) wasiat, and 6) munāsakhahwhich are carried out by each ethnic group in every place in Borneo-Nusantara according to the needs and socio-cultural of the surrounding community. This study concludes that the inheritance system among the Muslim community of Borneo Nusantara is implemented dynamically following the socio-cultural development of the local community. This phenomenon is a unique characteristic of the transfer of property in the inheritance system of the Muslim community of Borneo-Nusantara that contributes practically to solving inheritance problems.
Ta’zir Punishment in the Mazhab Syafi’i and Its Application in Syariah Court of Brunei Darussalam Othman, Nurul Aqilah binti; Kurniawan, Cecep Soleh; Amai, Norasiah binti Haji; Husain, Muhammad Zakir bin; Sahid, Muallimin Mochammad
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 14 No. 1 (2026): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v14i1.4538

Abstract

Ta’zir refers to discretionary punishments imposed for offences not covered by Hudud or Qisas. In Brunei Darussalam, ta’zir is codified under the Syariah Penal Code Order 2013 (SPCO 2013). This study examines the application of ta’zir punishments in Brunei Darussalam, focusing on the extent to which contemporary Syariah criminal practice reflects the principles of the Mazhab Syafi’i as the country’s official Mazhab. The main question addressed in this article concerns how classical Syafi’i Fiqh on ta’zir is translated into a modern, codified legal system and what tensions arise in this process. This research adopts a normative legal method, relying on doctrinal analysis of classical Syafi’i fiqh sources alongside Brunei’s Syariah criminal legislation and related legal documents. A comparative approach is employed to identify points of convergence and divergence between classical jurisprudence and contemporary judicial practice. The findings indicate that the implementation of ta’zir in Brunei is predominantly grounded in Syafi’i principles, particularly regarding judicial discretion, deterrence and the protection of public welfare. The originality of this study lies in its identification of Brunei’s ta’zir framework as a hybrid model that selectively adapts classical Syafi’i doctrine to contemporary governance requirements, contributing to broader discussions on the harmonization of Islamic Jurisprudence and modern criminal law.
Co-Authors Adhy Riadhy Arafah Amai, Norasiah binti Haji Haq, Hilman Syahrial Husain, Muhammad Zakir Bin Kurniawan, Cecep Soleh Ma'u, Dahlia Haliah Muhammad Hasan Othman, Nurul Aqilah binti Prakasa, Satria Unggul Wicaksana