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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 158 Documents
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Consumer Protection Against Fraudulent Practices by Online Motorcycle Taxi Drivers in Medan City Vira Nur Fadillah Lubis; Fatimah Zahara
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 2 (2025): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i2.1681

Abstract

The rapid growth of online motorcycle taxi services in Indonesia has significantly transformed urban transportation systems, including in Medan City. Alongside this development, various fraudulent practices by online motorcycle taxi drivers have emerged, such as fare manipulation, fictitious orders, service cancellations after payment, and deviations from agreed routes, which potentially harm consumers. This study examines consumer protection against fraudulent practices by online motorcycle taxi drivers in Medan City, focusing on the adequacy and effectiveness of the existing legal framework. This research employs a normative juridical method supported by a socio-legal and empirical field research approach. Primary legal materials include Law Number 8 of 1999 on Consumer Protection, transportation regulations, and platform-based service policies, while secondary materials consist of scholarly articles and legal commentaries on consumer protection in digital transportation services. Field research was conducted through interviews with consumers, online motorcycle taxi drivers, and local transportation officials in Medan City, as well as analysis of reported consumer complaints. The findings indicate that although Indonesian consumer protection law formally guarantees consumers’ rights to safety, accurate information, and fair treatment, its implementation in online motorcycle taxi services remains inadequate. Weak regulatory supervision, limited consumer awareness, and unclear responsibility-sharing between drivers and platform providers contribute to ineffective legal protection. This study contributes to legal scholarship by identifying regulatory gaps and enforcement challenges in platform-based transportation services and recommends strengthening regulatory oversight, enhancing platform accountability, and improving consumer education to ensure effective consumer protection and sustainable development of online transportation services in Medan City.
Legal Certainty in Prosecutorial Indictments of Criminal Cases in Tanah Datar Regional Regent Election Fery Ardiansyah; Yenny Fitri Z.
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies
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 Edi Saputra; Syaiful Munandar
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies
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.
Protection of Children's Rights During Homicide Investigations at Padang Panjang Police Resort, Indonesia Fitri Yanti; Yenny Fitri Z.
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v5i1.1684

Abstract

This study was motivated by the practice of investigating child homicide offenders at the Women and Children Protection Unit (PPA Unit) of Padang Panjang Police Resort, where investigations were conducted by general investigators rather than specialized child investigators. This condition raises concerns regarding the conformity of investigative practices with child rights protection principles as regulated under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and Law Number 35 of 2014 concerning Child Protection. Therefore, this study aims to analyze the investigation process involving child homicide offenders and examine whether children’s rights have been substantively fulfilled during such investigations. This study employed an empirical juridical method with a descriptive-analytical approach. Data were collected through interviews, case document studies, and analyses of relevant statutory regulations. Data validity was ensured through source triangulation and cross-checking procedures using official legal documents, including Notification of Commencement of Investigation (SPDP) and case completion reports (P21). The findings indicate that, formally, the rights of children during the investigation process had generally been fulfilled in accordance with existing legal provisions. Children received legal assistance, parental accompaniment, and procedural safeguards during investigations. However, substantively, potential gaps remain, particularly concerning the competence of general investigators in handling child-related cases and the implementation of the best interests of the child principle. The novelty of this research lies in its analysis of the tension between handling serious criminal offenses and implementing child protection principles during investigation practices within the juvenile criminal justice system in Indonesia.
Beyond Parental Conflicts: Reconstructing Child Custody Decisions Through Maslahah Mursalah Lailul Ilham; Muhammad Zainuddin Sunarto; Muhammad Iqbal
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v5i1.1694

Abstract

This study aims to reconstruct child custody decisions in Indonesia through the perspective of Maslahah Mursalah by examining the extent to which parental conflicts influence judicial determinations and affect the realization of the best interests of the child. Child custody disputes often arise from competing parental claims following divorce, creating legal and practical challenges for judges in determining custody arrangements that genuinely prioritize child welfare. The research employs a normative juridical methodology using statutory, conceptual, and case approaches. Primary legal materials consist of Indonesian family law regulations, judicial decisions concerning child custody, and classical and contemporary Islamic legal sources discussing Maslahah Mursalah. Secondary materials include scholarly articles, books, and legal commentaries relevant to child welfare and Islamic family law. The findings demonstrate that child custody decisions in Indonesia are frequently influenced by formal legal considerations and parental rights claims, while the child’s long-term physical, emotional, educational, and social interests may receive insufficient attention. The analysis further reveals that Maslahah Mursalah offers a comprehensive framework that enables judges to move beyond rigid legal formalism and parental conflicts by focusing on the protection and welfare of children as the primary objective of custody determinations. This approach emphasizes the prevention of harm (mafsadah) and the realization of benefit (maslahah) in accordance with the broader objectives of Islamic law. The study concludes that Maslahah Mursalah can serve as a normative foundation for reconstructing child custody decisions in Indonesia toward a more child-centered and welfare-oriented model. Academically, this research contributes to the development of contemporary Islamic family law by integrating the principle of the best interests of the child with Islamic legal reasoning, thereby providing an alternative framework for judicial decision-making and future reforms in child custody law and practice.
Gender Equality in Prenuptial Agreements from a Contemporary Islamic Family Law Perspective Fatimatuz Zahroni; Bashori Alwi; Adam Adesina Muhammad-Lawal
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v5i1.1705

Abstract

This study examines the role of prenuptial agreements in promoting gender equality within the framework of contemporary Islamic family law. The research aims to analyze the legal basis and practical relevance of prenuptial agreements as instruments for balancing the rights and obligations of spouses in marriage. This study employs normative legal research using statutory, conceptual, and comparative approaches. The data consist of Islamic legal sources, family law regulations, judicial decisions, and contemporary scholarly literature on gender justice and Islamic family law. The findings reveal that prenuptial agreements are not merely contractual arrangements concerning property ownership but also legal mechanisms that provide greater certainty, transparency, and protection for both spouses. Contemporary Islamic family law increasingly recognizes contractual autonomy, provided that the agreed terms do not contradict Islamic principles, public order, or morality. The study further shows that prenuptial agreements may contribute to gender equality by protecting women’s economic interests, clarifying marital responsibilities, and minimizing disputes arising from unequal bargaining positions within marriage. Their legitimacy can be justified through the principles of mutual consent, contractual freedom, ʿadl (justice), and maṣlaḥah (public benefit). The study concludes that prenuptial agreements constitute a legitimate legal instrument capable of supporting gender equality while remaining consistent with the objectives of contemporary Islamic family law. This study contributes to the literature on Islamic family law reform by offering a gender-sensitive interpretation of prenuptial agreements and highlighting their potential to strengthen equitable marital relations in contemporary Muslim societies.
Constitutionality of Parliamentary Threshold for 2029 General Election After Constitutional Court Decision No 116/PUU-XXI/2023 Zul Adli; Edi Rosman; Beni Firdaus; Dahyul Daipon; Ahmad Alfarisi
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 2 (2025): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i2.1724

Abstract

This study aims to analyze the constitutionality of the parliamentary threshold for the 2029 general election following Constitutional Court Decision No. 116/PUU-XXI/2023. The research applies a normative juridical method with statutory and conceptual approaches, focusing on legal norms, constitutional principles, and relevant court decisions. Data are collected through literature review, including legislation, constitutional court rulings, and academic writings, and are analyzed qualitatively. The findings reveal that the parliamentary threshold remains constitutionally valid as a mechanism to simplify the party system and support the effectiveness of the presidential system. However, its implementation must adhere to democratic principles, particularly popular sovereignty, equality of political rights, and fair representation. The Constitutional Court’s decision reflects a model of conditional constitutionality, requiring that any threshold policy be rational, proportional, and not excessively limit political participation. This study concludes that future regulation of the parliamentary threshold must carefully balance electoral system efficiency with the protection of citizens’ constitutional rights. The academic contribution of this research lies in offering a comprehensive interpretation of constitutional law in the field of electoral governance, especially in linking democratic theory with constitutional adjudication. Additionally, this study provides insights into the broader implications of judicial review decisions on legislative policy-making and electoral reform in Indonesia.
Ambivalence toward Legal Compliance in Unregistered Marriage Practices in Agam Regency, Indonesia Nabila Inita Zahra; Nofiardi Nofiardi
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v5i1.1730

Abstract

This study aims to analyze the ambivalence toward legal compliance in the practice of unregistered marriage in Agam Regency, Indonesia. Although marriage registration is mandated by national law as a means of ensuring legal certainty and protecting the rights of spouses and children, unregistered marriages continue to occur and are socially accepted in certain communities. This research employs an empirical legal approach with a socio-legal perspective. Data were collected through interviews with religious leaders, marriage actors, community leaders, and relevant government officials, as well as through the examination of legal documents and related regulations. The findings reveal that legal ambivalence emerges from the coexistence of two competing normative systems: religious legitimacy and state legal requirements. Many individuals perceive marriage as valid once religious requirements are fulfilled, while marriage registration is regarded as an administrative rather than substantive obligation. Economic constraints, bureaucratic obstacles, cultural traditions, and limited legal awareness further contribute to the persistence of unregistered marriage practices. The study concludes that legal compliance regarding marriage registration is shaped not only by legal norms but also by social, religious, and cultural considerations that influence individual decision-making. This research contributes to the development of Islamic family law and socio-legal studies by demonstrating how legal pluralism creates ambivalent attitudes toward state law in matters of marriage and family regulation. The findings provide insights for policymakers in designing more effective strategies to promote marriage registration and strengthen legal protection for families.
From Customary Law to State Law: Ancestral Property Disputes in Minangkabau through Islamic Law Nabila Fitri Gunawan; Edi Rosman
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v5i1.1732

Abstract

This study aims to examine the transformation of ancestral property (harta pusaka) disputes in the Minangkabau matrilineal system from customary law (adat) into state law, with a particular focus on how Islamic law interprets, mediates, and influences such conflicts. The research seeks to analyze the tension between adat inheritance norms, which prioritize maternal lineage, and statutory legal frameworks that increasingly regulate property disputes within Indonesia’s national legal system. The methodology employed is qualitative juridical research with a normative-empirical approach. Primary legal materials include Islamic legal texts (Qur’an, Hadith, and classical fiqh), Indonesian inheritance law regulations, and customary law principles of Minangkabau society. Secondary data are derived from scholarly literature, case studies, and relevant court decisions. Data analysis is conducted through comparative legal analysis and interpretative content analysis to identify intersections and divergences among adat, state law, and Islamic legal principles. The findings indicate that ancestral property disputes in Minangkabau arise from dual legal legitimacy between adat inheritance (collective matrilineal ownership) and Islamic inheritance law (individual bilateral distribution). State law functions as an intermediary but often fails to fully reconcile these normative systems, leading to prolonged disputes. Islamic law, particularly through the principles of maslahah (public interest) and ‘urf (custom), provides a flexible framework for harmonizing customary practices with normative Islamic injunctions. The study concludes that a hybrid legal approach is essential to resolve inheritance conflicts in Minangkabau, integrating adat legitimacy with Islamic legal ethics and national legal certainty. The academic contribution of this research lies in offering a comparative synthesis model that bridges customary matrilineal inheritance and Islamic legal theory, contributing to broader discourse on legal pluralism and family law reform in Indonesia.    
How Do Religious Courts Adapt to Digital Justice? Evidence from Family Litigation in Indonesia M. Doni; Silfia Hanani
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v5i1.1733

Abstract

The digitalization of judicial services has transformed the administration of justice, including the handling of family litigation in Indonesian Religious Courts. This study examines how Religious Courts adapt to digital justice through the implementation of the e-court system and assesses its implications for family law dispute resolution. Employing a socio-legal approach, the research combines normative legal analysis of judicial regulations with empirical data derived from court reports, official documents, and scholarly literature on digital justice. The findings indicate that the adoption of the e-court system has improved procedural efficiency, reduced administrative barriers, expanded access to justice, and enhanced case management in family litigation. However, several challenges persist, including disparities in digital literacy among court users, limitations in technological infrastructure, and unequal access to internet services, particularly in rural areas. These constraints affect the uniform effectiveness of e-court implementation across jurisdictions. The study concludes that Indonesian Religious Courts have demonstrated substantial institutional adaptation to digital justice, although the overall effectiveness of the system depends on continuous technological upgrading, regulatory refinement, and capacity building for users and court officials. Academically, this research contributes to the growing body of scholarship on digital justice by providing empirical evidence from Indonesia’s Religious Court system and offering analytical insights into the relationship between judicial digitalization, access to justice, and family law adjudication in developing legal systems. This transformation underscores the importance of integrating technology with legal reform to ensure equitable, efficient, and transparent judicial services in the digital era in Indonesia and beyond globally comparative context.

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