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Muhammad Zainuddin Sunarto
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zain2406@gmail.com
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+6282232108969
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hakam.unuja@gmail.com
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Fakultas Agama Islam Universitas Nurul Jadid PO. BOX . 1 Karanganyar Paiton Probolinggo 67291 Jawa Timur
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Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam
Published by Universitas Nurul Jadid Paiton Probolinggo
ISSN : 28295803     EISSN : 25808052     DOI : https://doi.org/10.33650/jhi
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam adalah jurnal ilmiah yang mengkaji tentang persoalan - persoalan hukum dan keislaman. Jurnal ini diterbitkan secara berkala setahun dua kali, yaitu setiap bulan Juni dan Desember oleh Program Studi Hukum Keluarga Islam, Fakultas Agama Islam, Universitas Nurul Jadid Paiton Probolinggo. Redaksi menerima naskah ilmiah ataupun hasil penelitian dalam bahasa Indonesia, bahasa inggris maupun bahasa arab. Di samping itu, Tim Redaksi juga berhak untuk mengedit dan menyempurkan naskah ilmiah yang akan diterbitkan tanpa menghilangkan esensi dan makna tulisan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 16 Documents
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Search results for , issue "Vol 9, No 1 (2025)" : 16 Documents clear
CHILD PROTECTION IN THE PERSPECTIVE OF MULTICULTURALISM: BRIDGING TRADITIONAL VALUES AND MODERN LEGAL POLICY Sunarto, Muhammad Zainuddin
JURNAL HAKAM Vol 9, No 1 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i1.13602

Abstract

This study aims to analyze how child protection principles can be reconciled with traditional values through a multiculturalism approach. In Indonesia, which is rich in ethnic, cultural, and religious diversity, child protection often faces significant challenges due to the differences between positive law and local cultural practices. Some traditional values, such as child marriage and corporal punishment as a form of discipline, often conflict with the child rights principles outlined in national and international law. This approach suggests the need for reconciliation between existing social norms in society and proactive legal policies that protect children. Through inter-cultural dialogue, reinterpretation of child-friendly religious values, and education based on universal human rights, child protection policies can become more contextual and effective. This study reveals that to create an ideal child protection system, cooperation between positive law and traditional values is required. The research is expected to contribute to the development of inclusive, just, and sustainable child protection policies that ensure children's rights in a safe, fair, and dignified environment.
BUMDes' CONTRIBUTION TO THE ACCELERATION OF MSME HALAL PRODUCT SUBMISSION: A STUDY IN TAMAN VILLAGE, PAITON DISTRICT Syukur, Musthafa
JURNAL HAKAM Vol 9, No 1 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i1.13600

Abstract

This study aims to analyze the contribution of Village-Owned Enterprises (BUMDes) in accelerating the halal certification application for MSMEs in Taman Village, Paiton District. Halal certification is crucial for MSMEs as it opens up wider market access, especially in modern retail and export markets. However, many MSME actors in Taman Village are still unaware of the halal certification process and face various administrative obstacles. This study employs an empirical legal research approach with interviews and field observations. The findings show that BUMDes plays a significant role as a facilitator by providing assistance, information, and acting as an intermediary between MSMEs and relevant agencies such as BPJPH. However, BUMDes' contribution in expediting the halal certification process is still limited by human resource capacity and a lack of inter-agency coordination. The study recommends enhancing BUMDes' internal capacity and collaborating with universities to strengthen their role in facilitating halal certification.
HALAL COMPLIANCE IN ISLAMIC ECONOMIC LAW: A SHARIA QUALITY MANAGEMENT LENS Zaki, Muhammad
JURNAL HAKAM Vol 9, No 1 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i1.11711

Abstract

Halal certification has been institutionalized in Indonesia as a legal obligation for business actors, including micro-enterprises, to ensure halal assurance and consumer protection. However, its implementation, particularly through the self-declare certification scheme, continues to encounter challenges at the local level. This study aims to analyze the perceptions and barriers experienced by micro-enterprises in fulfilling halal certification requirements from the perspective of Islamic Economic Law using a Sharia Quality Management approach. Employing a qualitative case study design, this research was conducted in Bungo Regency, Jambi Province, with data collected through in-depth interviews involving seven micro-enterprise actors in the food sector who were undergoing or had completed the self-declare certification process. The data were analyzed thematically by linking empirical findings to the principles of muamalah, maqāṣid al-sharīʿah, and rafʿ al-ḥaraj. The findings indicate a very high level of normative acceptance of mandatory halal certification as a religious and legal obligation; however, implementation remains constrained by structural barriers, including difficulties in verifying locally sourced raw materials, uncertainty in certification timelines extending up to approximately five months, limited digital accessibility due to rigid systems, and hidden costs in the form of time loss and administrative burdens. These conditions raise concerns regarding legal certainty, potential hardship, and inequality of access to legal compliance. This study concludes that the effectiveness of halal certification should be assessed not only through formal compliance but also through the quality of its implementation in ensuring justice, accessibility, and maṣlaḥah for micro-enterprises within the framework of Islamic Economic Law.
RESTRICTIONS ON DIVORCE PROCEDURES IN SEMA NO. 3 OF 2023: BETWEEN LEGAL CERTAINTY AND THE IMPLEMENTATION OF MAQASID SHARIA IN INDONESIA Faroby, Dardena Betarania
JURNAL HAKAM Vol 9, No 1 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i1.14646

Abstract

This article analyses the restrictions on divorce procedures in Supreme Court Circular Letter (SEMA) Number 3 of 2023 from the perspective of legal certainty and maqasid al-syari’ah particularly those that occurred at the Pengadilan Agama Barru. This policy requires proof of continuous disputes and quarrels accompanied by a minimum separation period of six months as a prerequisite for the granting of a divorce. This study uses a normative legal research method with a legislative, conceptual, and case approach, and is analysed qualitatively through the theory of legal certainty and the framework of maqasid al-syari’ah. The findings show that the six-month restriction serves as an objective parameter that reinforces the principle of making divorce difficult and increases the consistency of evidence in religious court practice. However, its implementation is not mechanistic, as judges still exercise discretion in assessing concrete facts, including exceptions for cases of domestic violence. From a maqasid perspective, this policy is in line with the objectives of preserving offspring and family stability (hifz al-nasl), as long as its application does not neglect the protection of life (hifz al-nafs). This study contributes empirically by showing that administrative judicial policies have a real impact on adjudicative practice while opening up a dialectic between legal certainty and public interest in Islamic family law in Indonesia.
BETWEEN LEGAL REFORM AND JUDICIAL PRACTICE: THE PARADOX OF MARRIAGE DISPENSATION AND CHILD RIGHTS PROTECTION IN INDONESIAN RELIGIOUS COURTS Halim, Abdul
JURNAL HAKAM Vol 9, No 1 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i1.11753

Abstract

Indonesia’s amendment of Law No. 16 of 2019, which raised the minimum marriage age for women from 16 to 19 years, represents a landmark legal reform aimed at eradicating child marriage and upholding the best interests of the child. However, the persistence of marriage dispensation petitions (dispensasi kawin) filed before Indonesian Religious Courts (Pengadilan Agama) reveals a profound paradox: legislative reform has not translated into proportional judicial protection of child rights. This article critically examines the tension between the spirit of legal reform and entrenched judicial practice in marriage dispensation proceedings. Drawing on a normative-empirical legal research approach, this study analyzes judicial decisions, court statistics, and doctrinal frameworks through the lens of child rights theory and progressive law theory. Findings reveal that despite reformative legislative intent, Religious Courts continue to grant the overwhelming majority of dispensation petitions, frequently citing pregnancy, social pressure, and economic hardship as justifying grounds without adequately weighing the long-term developmental rights of the child. The article argues that this paradox is produced by a confluence of factors including interpretive conservatism among judges, structural gaps in procedural law, insufficient multi-sectoral child protection infrastructure, and the unresolved tension between Islamic family law norms and international child rights standards. The study concludes by proposing a rights-based judicial methodology, enhanced judicial training, and interdisciplinary court-annexed support mechanisms as pathways toward substantive convergence between legal reform and judicial practice.
PRODUCTIVE WAQF AS A SUSTAINABLE DEVELOPMENT FINANCING INSTRUMENT Barakah, Ainun
JURNAL HAKAM Vol 9, No 1 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i1.11854

Abstract

Productive waqf has gained increasing scholarly attention as an Islamic philanthropic instrument capable of addressing sustainable development financing gaps. Despite its growing prominence, the literature remains fragmented across disciplines, geographies, and methodological approaches. This study employs a Systematic Literature Review (SLR) methodology, following PRISMA 2020 guidelines, to synthesize and critically analyze 96 peer-reviewed articles published between 2010 and 2024 retrieved from Scopus, Web of Science, and DOAJ. The review identifies six dominant research themes: (1) governance and institutional management, (2) waqf-based microfinance and poverty alleviation, (3) alignment with the United Nations Sustainable Development Goals (SDGs), (4) sukuk waqf and innovative financing structures, (5) waqf applications in education and healthcare, and (6) digitalization and financial technology integration. Findings reveal critical research gaps, including insufficient empirical evidence on return on investment of waqf assets, lack of cross-country comparative governance analyses, inadequate SDG-aligned metrics, and limited exploration of blockchain-enabled waqf tokenization. Based on these findings, the study proposes a comprehensive future research agenda with specific methodological directions to guide scholars, practitioners, and policymakers in advancing the productive waqf ecosystem. This study contributes to the Islamic economics literature by offering the most updated and methodologically rigorous SLR on productive waqf to date.

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