cover
Contact Name
Firdaus Annas
Contact Email
info@makwadfoundation.org
Phone
+6285278566869
Journal Mail Official
hakamain.makwafoundation@gmail.com
Editorial Address
Jl. Dusun Pandam Jorong Aro Kandikir Nagari Gadut Kecamatan Tilatang Kamang Kabupaten Agam Sumatera Barat
Location
Kab. agam,
Sumatera barat
INDONESIA
Hakamain: Journal of Sharia and Law Studies
ISSN : -     EISSN : 29629241     DOI : -
Core Subject : Social,
The Hakamain: Journal of Sharia and Law Studies is a scientific journal that examines legal and Islamic issues. The focuss Hakamain: Journal of Sharia and Law Studies is to provide readers with a better understanding of Islamic Law, Civil Law and Islamic Economic Law and current developments through the publication of articles and book reviews. The Hakamain published by Yayasan Lembaga Studi Makwa (Makwa Foundation)
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
Search results for , issue "Vol. 1 No. 2 (2022): July-December 2022" : 5 Documents clear
Peran Komisi Pemilihan Umum Dalam Pilkada Kabupaten Solok Sumatera Barat Perspektif Fiqh Siyāsah Aditiya Perdana, Dian; Febrinaldi, Fauziah
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 2 (2022): July-December 2022
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v1i2.235

Abstract

During the stages of the regional head election (PILKADA) held by the Solok Regency KPU, namely the election of the Regent and Deputy Regent, there were several election disputes that were faced by the Solok Regency KPU, namely the nomination process dispute to the Bawaslu and PTTUN Medan, as well as the result dispute to the Constitutional Court (MK). Of the several disputes, one pair of candidates submitted an application, only one application was granted and two applications were rejected. The two disputes that were rejected were the candidacy disputes submitted to Bawaslu by the candidate pair Iriadi and Agus Syahdeman. Henceforth, the application submitted by the pair of pairs Nofi Chandra and Yulfadri to the Constitutional Court with the decision of Amar Rejecting the Petitioner's Application in its entirety. Based on the results of the study, the role of the Solok Regency KPU in resolving disputes over the election process for the Regent and Deputy Regent of Solok in 2020, the Solok Regency KPU has played as much as possible in accordance with the authority granted by laws and regulations, namely by preparing all the disputed answers and rebuttals, preparing the tools evidence, prepare witnesses and other documentation. In the view of siyasa fiqh, the Solok Regency KPU has received answers or materials in the trial. The dispute is resolved by the Qadha institution (Court) which is the institution tasked with resolving cases of disputes and their duties.
Tinjauan Siyasah Dusturiyyah Terhadap Pelaksanaan Peraturan Nagari Nomor 05 Tahun 2018 Tentang Pengelolaan Sampah Rumah Tangga Di Nagari Situjuah Kabupaten Lima Puluh Kota Yusnita, Helmi
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 2 (2022): July-December 2022
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v1i2.236

Abstract

This research is motivated by the fact that many people do not comply with Nagari Regulation 05 of 2018 concerning Household Waste Management so that waste management in Nagari Situjuah Banda Dalam is disorganized and does not work as expected. This study aims to find out how to implement Nagari Regulation Number 05 of 2018 concerning Household Waste Management in Nagari Situjuah. The research I used was field research using a qualitative approach, namely research whose data was obtained through the field, studying, recording, analyzing and observing and interviewing as primary data collected by the Nagari Situjuah government. After doing research it can be concluded that; First, the lack of the role of law enforcers, the lack of facilities and infrastructure and the lack of public knowledge about the existence of this regulation so that the rules do not run smoothly and are ineffective. Second, the Siyasah Dusturiyah Fiqh review of household waste management is that the Siyasah Dusturiyah Fiqh discusses the concept of a rule of law and the reciprocal relationship between the government and citizens that must be protected in order to achieve the benefits of society. In this case, the Nagari government issued a Nagari regulation related to household waste management so that people would comply more with existing regulations so that no harm would occur from the actions of local residents.
Implementasi Perda Inisiatif Dewan Perwakilan Rakyat Daerah Kota Bukittinggi Perspektif Fiqh Siyāsah Refliandi, Irvan
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 2 (2022): July-December 2022
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v1i2.238

Abstract

The background of this research is when the Bukittinggi’s DPRD has not carried out its performance in accordance with the expectations and wishes of the people, as is the case when the number of regional regulations produced by the legislature is less than the number of regional regulations originating from the executive. This study aims to find out how the implementation of the Initiative regional regulation in the Bukittinggi’s DPRD environment and what factors became obstacles in the formation of the initiative for regional regulation of the Bukittinggi’s DPRD. The type of research that the authors used in this study was field research conducted in Bukittinggi. Primary data sources are obtained through interviews, observation and documentation of related stakeholders. Based on the results of the research, it can be seen that the implementation of the regional regulation initiated by the Bukitinggi’s DPRD has not gone well because there are still several obstacles, such as low human resources, lack of socialization of the Perda formation program and changes in community dynamics.
Penetapan Harga Sewa Rumah Kos Pada Masa Pandemi Covid-19 di Kota Bukittinggi Perspektif Fiqh Mu’āmalah Ramadhani, Ramadhani
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 2 (2022): July-December 2022
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v1i2.239

Abstract

This research was written to find out how the practice of setting prices for renting boarding houses during the Covid-19 pandemic in Bukittinggi, because there are differences in setting boarding house rental prices where the boarding house owner waives or waives boarding house rent during the pandemic. However, there are also some boarding house owners who continue to pay full boarding fees as before the Covid-19 pandemic. Furthermore, the author also wants to know how fiqh muāmalah views the pricing of boarding house rents during the Covid-19 pandemic. This study used field research, while the data sources for this research consisted of primary data sources, which were obtained from observations and interviews with students and boarding house owners in the Aur Birugo Tigo Baleh Village. The conclusions from research regarding the pricing of boarding house rentals during this pandemic were found in 3 versions. First, the boarding house owner waived boarding fees during the Covid-19 pandemic. Second, the boarding house owner provides relief by paying half the boarding fee of the pre-pandemic price. Third, boarding house owners do not provide fee relief by continuing to pay full boarding fees during the Covid-19 pandemic. In the view of fiqh muāmalah, leasing or ijārah is legally permissible or permissible as long as there is no argument that forbids it.
Analisis Hukum Pidana Islam Dan Hukum Positif Terhadap Penganiayaan Yang Dilakukan Oleh Orang Abnormal Di Nagari Panyakalan Kecamatan Kubung Kabupaten Solok Febrian, Redo
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 2 (2022): July-December 2022
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v1i2.240

Abstract

The background of this research is because in the midst of society there are often cases of abuse committed by abnormal people. One of them is the case that occurred in Nagari Panyakalan, Kubung District. This study aims to find out how the of of abuse perpetrated by abnormal people in Nagari Panyakalan, as well as the views of Islamic law and positive law on the settlement of cases of abuse perpetrated by these abnormal people. This research uses field research so that the main source of data is primary data, namely the results of interviews conducted with the community related to this research. Based on the results of the research, it can be that the of of abuse committed by abnormal people in Nagari Panyakalan was taken through an agreement by making peace, efforts to make peace were carried out through meetings attended by each heir's mamak head from both parties. In Islamic law, the sanction for persecution is qishash, if the victim's family pardons it, it is replaced with diyat. This applies to the perpetrators who are legally capable, if the perpetrators are not legally competent or abnormal then this sanction cannot be carried out. Whereas in positive law, perpetrators of criminal acts who experience mental disorders have been regulated in Article 44 paragraph (1) of the Criminal Code, that is, anyone who commits an act for which he cannot be held liable because his soul is disabled in development or disturbed due to illness, is not punished.

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