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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 3 Documents
 1 
Search results for , issue "Vol. 5 No. 1 (2026): January-June 2026" : 3 Documents clear
Implementation of the Prohibition on Withholding Diplomas and Personal Documents by Companies in Indonesia Januaris, Fadli
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): January-June 2026
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v5i1.1394

Abstract

This study aims to analyze the implementation of the Circular Letter of the Minister of Manpower No. M/5/HK.04.00/V/2025 concerning the prohibition on withholding diplomas and personal documents by companies, focusing on its implications for the protection of workers’ rights and industrial relations in Indonesia. The research employs a juridical-empirical approach, combining a normative review of labor regulations with empirical data gathered through in-depth interviews and field observations in both formal and informal sector companies. The findings show that the policy strengthens the legal basis to prevent document retention practices, which have often been used as a form of control over workers. However, its implementation still faces challenges, including employer resistance, limited managerial understanding of the regulation, weak government supervision, and low worker awareness of their rights. These issues indicate that the effectiveness of the policy depends not only on legal provisions but also on stakeholder awareness and participation. The study concludes that the circular letter has strong potential to transform industrial relations toward a more balanced and trust-based partnership. Nevertheless, this requires continuous policy dissemination, improved enforcement mechanisms, and stronger involvement of labor unions. The academic contribution of this study lies in providing a comprehensive understanding of the interaction between labor regulation and industrial practices, while offering strategic recommendations to enhance the implementation of similar policies in the future. Keywords: Penahanan Ijazah, Menteri Ketenagakerjaan, Perlindungan Pekerja    
Legal Certainty in Prosecutorial Indictments of Criminal Cases in Tanah Datar Regional Regent Election Ardiansyah, Fery; Fitri Z., Yenny
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): January-June 2026
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v5i1.1682

Abstract

This study aims to analyze legal certainty in prosecutorial indictments of criminal cases related to the Tanah Datar Regional Regent Election and to examine factors affecting the consistency of electoral criminal law enforcement within regional democratic processes in Indonesia. The research employed a qualitative juridical approach with a case study design. Data were collected through the analysis of prosecutorial indictments, electoral regulations, court decisions, and interviews with legal actors involved in electoral criminal law enforcement. The findings reveal that prosecutorial indictments were generally formulated in accordance with Indonesian criminal procedural law and electoral regulations by incorporating factual evidence, witness testimonies, and reports from election supervisory institutions. Such formulation contributes to legal certainty in the prosecution process by ensuring that criminal charges are based on clear legal grounds and evidentiary standards. However, several factors affecting legal certainty were identified, including limited institutional coordination, difficulties in obtaining reliable evidence, inconsistencies in legal interpretation, and political pressures during regional elections. The study further demonstrates that legal certainty in prosecutorial indictments plays an important role in ensuring fairness, consistency, and accountability in handling electoral criminal cases. Prosecutorial indictments function not only as procedural legal instruments but also as mechanisms for maintaining democratic integrity and public trust in electoral processes. The study concludes that strengthening legal certainty in prosecutorial indictments significantly influences the quality of electoral justice and democratic accountability in regional elections and contributes to the development of electoral criminal law studies in Indonesia.
Legal Sanctions against Soldiers of Kodim 0304/Agam in Online Gambling Crimes Saputra, Edi; Munandar, Syaiful
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): January-June 2026
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v5i1.1683

Abstract

This study aims to analyze the application of legal sanctions against soldiers of Kodim 0304/Agam involved in online gambling crimes and to examine the legal mechanisms used in handling such cases within the framework of military law enforcement. The increasing involvement of military personnel in cyber-based gambling activities has raised concerns regarding legal accountability, military discipline, and institutional integrity. This research employs an empirical legal research method with a qualitative approach through field research, document analysis, and the examination of relevant legal regulations governing military and criminal law. Data were collected through interviews, observations, and supporting legal documents related to the implementation of sanctions for military personnel involved in online gambling activities. The findings indicate that soldiers involved in online gambling crimes are subject not only to criminal sanctions under applicable laws but also to disciplinary sanctions and administrative measures under the military justice system. The imposition of sanctions is influenced by the nature of the offense, the degree of involvement, and institutional considerations related to maintaining military discipline and public trust. The study finds that legal enforcement in military institutions prioritizes both punitive and corrective dimensions to preserve professional conduct among soldiers. This study concludes that the application of legal sanctions against soldiers involved in online gambling requires an integrated legal approach combining criminal responsibility and military disciplinary principles. The academic contribution of this research lies in expanding the discourse on military criminal law and providing a contextual understanding of legal accountability for online gambling offenses within military institutions.

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