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Firdaus Annas
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Hakamain: Journal of Sharia and Law Studies
Published by Yayasan Lembaga Studi Makwa
ISSN : -     EISSN : 29629241     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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
 1 
Search results for , issue "Vol. 3 No. 2 (2024): July-December 2024" : 5 Documents clear
Legal Analysis of the Impact of Nusantara Capital Development on Environmental Damage Jampa, Wilibaldus; Ramadhan Fitri, Donna
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): July-December 2024
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i2.340

Abstract

The development of Nusantara as Indonesia's new capital in East Kalimantan has sparked various reactions, particularly regarding its environmental impact. This study aims to analyze the legal implications of this development on environmental degradation and to evaluate the measures that have been taken to mitigate these impacts. By using a normative juridical approach and document analysis, this research examines the relevant legislation related to environmental protection and sustainable development, and compares it with the practices occurring on the ground. The findings reveal that, despite a robust regulatory framework theoretically designed to safeguard the environment, there is a substantial gap between policy and practice. This disconnect is evident in several key areas: the frequent bypassing of mandatory Environmental Impact Assessments (EIA), non-compliance with sustainable land use standards, and a general lack of accountability for environmental violations. Such shortcomings have led to alarming rates of deforestation, loss of biodiversity, and long-term ecological damage, undermining the very principles of sustainable development that the project purports to uphold. This research underscores the urgent necessity for enhanced legal and regulatory measures to ensure that the development of Nusantara not only achieves its economic and social objectives but also preserves the environmental integrity of the region. The study provides valuable policy recommendations aimed at bridging the gap between environmental protection and development, offering a pathway towards a more sustainable and legally compliant future for Indonesia’s new capital.    
The Implementation of Muzara’ah Aqad in Sapaduoan Sawah System a Case Study in Agam Regency Afifah, Sarah; Arwani, M. Khairul; Fajar, Fahrul; Alwi, Muhammad
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): July-December 2024
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i2.341

Abstract

Agriculture plays a pivotal role in the human economy, serving as one of the most vital and productive sectors. Despite its significance, many agricultural practices continue to adhere to local customs and traditions, often neglecting the principles outlined in sharia mu'amalah, the Islamic commercial jurisprudence that governs economic activities, including agriculture. The core issue lies in the structure and execution of the Sapaduoan Sawah contract, which, while superficially resembling muzara'ah, diverges in several critical aspects. These discrepancies include the terms of the contract, the process of implementation, and alterations made during the contract period, all of which contribute to the invalidation of the Sapaduoan Sawah agreement under sharia law. The research conducted in Koto Baru-Koto Tuo Village, employing a qualitative field study approach, aims to analyze these deviations and explore the possibility of aligning the Sapaduoan Sawah system with the principles of the muzara'ah contract. The findings indicate that the current practices within the Sapaduoan Sawah system not only fail to meet the requirements of muzara'ah but also involve contractual changes that further compromise the integrity of the agreement. These alterations, often made without mutual consent or proper consideration of Islamic legal principles, result in a damaged and voided contract, highlighting the need for reform and education within the community to ensure that agricultural practices align with the ethical and legal standards of sharia mu'amalah. This research underscores the importance of integrating traditional agricultural systems with Islamic jurisprudence to promote fairness, transparency, and justice in economic transactions.
Analysis of Religious Court Decisions in Resolving Inheritance Disputes Still Under Collateral a Maqashid Syariah Perspective Abdulsiddik, Yusep; Roza Elsera, Utari; Husni, Alfi
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): July-December 2024
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i2.342

Abstract

Inheritance law governs the transfer of wealth left by a deceased person and its impact on the heirs. Issues often arise regarding the management and continuation of the rights and obligations of the deceased. This study aims to describe inheritance cases still under collateral at the Religious Court of Talu and to analyze the judicial decision from the perspective of Maqashid Syariah. The study employs two approaches: the statute approach and the analytical approach. The research findings show that the judge granted the inheritance dispute still under collateral with case registration number 559/Pdt.G/2022/PA.Talu. This was due to the judge's application of "rule-breaking," meaning the judge bypassed positive legal rules or written law that were deemed unjust for the seeker of justice. From the perspective of Maqashid Syariah, this decision falls under the category of hajiyyah in the aspect of hifdz mal, meaning that while the need may not result in harm if unmet, it can create various difficulties. Inheritance assets should ideally be distributed promptly to avoid delay and be given to the rightful heirs. In this context, postponing the distribution until the collateral obligations are resolved serves to provide certainty, justice, and prevent potential conflicts among heirs. Thus, the decision aligns with the objectives of Islamic law, which aim to bring benefit and prevent harm.
Sanctions for Fish Theft According to Regulation No. 09 of 2021 in the Perspective of Islamic Criminal Law in Nagari Padang Air Dingin Parut, Wensislaus; Sari, Respita; Zaenab Djahamao, Nurangdini
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): July-December 2024
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i2.343

Abstract

This research examines the sanctions for fish theft as regulated by Regulation No. 09 of 2021 in Nagari Padang Air Dingin, from the perspective of Islamic Criminal Law. Fish theft is a significant issue in the community, and local regulations are enforced to address this crime. Regulation No. 09 of 2021 stipulates penalties for those caught stealing fish within the jurisdiction of Nagari Padang Air Dingin, aiming to protect the livelihoods of local fish farmers and ensure the sustainability of fisheries. Islamic Criminal Law offers a framework for dealing with theft, including hudud (fixed punishments), ta'zir (discretionary punishments), and reconciliation between the offender and the victim. This study analyzes how the local regulations align with or differ from Islamic legal principles concerning theft, focusing on the nature of the crime, the process of adjudication, and the punishment applied. The findings suggest that while the regulation primarily focuses on material restitution and deterrence, there is room for incorporating Islamic values such as repentance, forgiveness, and community-based resolutions in resolving cases of fish theft. By comparing local norms with Islamic criminal jurisprudence, this research highlights the potential for a more holistic approach to justice that balances punishment with moral and social rehabilitation.
Implementation of Solok Selatan Regency Regional Regulation No. 1 of 2020 concerning Public Order and Peace of Mind Aulia, Ulfita; Daipon, Dahyul
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): July-December 2024
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i2.344

Abstract

The habit of the people of Nagari Padang Air Dingin to dry rice on the main road was the primary motivation for this research. This practice is clearly not in accordance with Article 9, Paragraph 1, letter h of South Solok Regency Regional Regulation No. 1 of 2020 concerning Public Peace and Order, and it has several negative impacts. These impacts include a reduction in the area's aesthetic appeal, roads becoming dirty due to rice residue, main roads becoming slippery, and traffic jams that disrupt public transportation. This research employs a normative-empirical legal methodology, collecting primary data from interviews with informants. The findings indicate that although South Solok Regency Regional Regulation No. 1 of 2020, particularly the section on the prohibition of drying agricultural products on the highway, has been implemented more effectively compared to previous years, there are still areas where enforcement remains less than optimal. Factors such as environmental conditions continue to pose challenges to achieving full compliance. Furthermore, this regulation aligns with the concept of siyasah tanfidziyah (administrative policy), as in Islamic jurisprudence, the main goal is to achieve public benefit and prevent harm. Thus, the enforcement of Article 9, Paragraph 1, letter h of Regional Regulation No. 1 of 2020 contributes to protecting individuals from potential accidents or conflicts within the community.

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