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All Journal Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Tanfizi : Journal of Islamic Constitutional and Political Law
Mardona Siregar
Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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State Power Supervision and Corruption Prevention in Indonesia: Evaluating Institutional Ineffectiveness through Hisbah Perspectives Mustafid Mustafid; Mardona Siregar; Imam Agung Prakoso; Putra Halomoan Hsb; Muhammad Faiz Algifari
Tanfizi : Journal of Islamic Constitutional and Political Law Vol. 2 No. 1 (2026): June 2026
Publisher : Program Studi Hukum Tata Negara

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Abstract

This study examines the effectiveness of oversight of power in preventing corruption in Indonesia from the perspective of fiqh siyasah hisbah. Studies on corruption have tended to focus on positive law and modern institutional approaches, while the Islamic ethical-political dimension has not been widely used as an analytical framework in evaluating weak institutional oversight. This article addresses this gap by analyzing how the principles of fiqh siyasah, particularly the concepts of amanah, hisbah, and maslahah, can be used to interpret the structural problems in the oversight of power in Indonesia. This study uses library research with a qualitative-analytical approach through a review of primary sources in the form of the Qur'an, hadith, and classical and contemporary literature on fiqh siyasah, combined with an analysis of regulations, anti-corruption policies, and academic studies on oversight institutions in Indonesia. The results show that the weak effectiveness of oversight institutions is not solely caused by regulatory issues, but also by the dominance of political interests, low elite integrity, and the absence of ethical oversight oriented towards moral accountability. In this context, fiqh siyasah hisbah offers a normative and theoretical framework that places supervision of power as a collective responsibility of the state and society.
Customary Compromise and Substantive Justice: The Dalihan Na Tolu Kinship System in Family Dispute Resolution in Padangsidimpuan City from the Perspective of Sadd al-Dharī‘ah Adi Syahputra Sirait; Mardona Siregar; Muhammad Ridwan
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 13 No. 1 (2026): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v13i1.14496

Abstract

The Dalihan Na Tolu system plays a dominant role in resolving family disputes within Batak society and often generates customary compromise practices that may overlook the principle of substantive justice. This study analyzes the position and influence of the Dalihan Na Tolu kinship system in contemporary family law dispute resolution and examines its compatibility with Islamic law and positive law through the sadd al dhari’ah approach. This research adopts a qualitative method combined with a sociological approach. The qualitative approach is used to explore social realities and legal practices in society, while the sociological approach examines the interaction between customary law, Islamic law, and state law in family dispute resolution. Data were collected through interviews with customary and religious leaders, field observations, and document analysis of relevant legal materials and scholarly works. The data analysis applies the sadd al dhari’ah framework to identify potential harm in customary-based dispute resolution practices under the Dalihan Na Tolu system. The findings show that the dominance of this kinship system in family disputes creates both support and criticism because it often prioritizes familial compromise and clan harmony over the protection of women’s and children’s rights as guaranteed by Islamic law and national law. This is particularly evident in divorce and inheritance cases. Furthermore, women often face limited participation in customary deliberation due to male-dominated authority structures within the Dalihan Na Tolu system. The study proposes normative reforms, including the development of customary-based dispute resolution guidelines aligned with Islamic and national law, increased female participation in deliberative processes, and stronger involvement of religious and state institutions in mediation.
Co-Authors Adi Syahputra Sirait Imam Agung Prakoso Muhammad Faiz Algifari Muhammad Ridwan Mustafid Mustafid Putra Halomoan Hsb