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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 165 Documents
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Finality, Binding Effect, and Constitutional Compliance: Constitutional Court Decisions in Indonesia Irmanjaya Thaher; Dimas Nur Bagaskar
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): 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.v3i2.1771

Abstract

This article comprehensively analyzes the final and binding nature of decisions by the Constitutional Court (MK) of the Republic of Indonesia as mandated by Article 24C(1) of the 1945 Constitution. The study covers the constitutional and normative foundations of the principle of finality of MK rulings, the legal consequences they entail, the binding force of the ratio decidendi of the rulings, as well as a comparison with constitutional review systems in various countries. This article also critically examines various attempts that have been made to annul or disregard Constitutional Court decisions—including through Government Regulations in Lieu of Law (Perppu) and legislative amendments—as emphasized by constitutional law expert Bivitri Susanti. The statement by PDI-P Chairwoman Megawati Soekarnoputri that disregarding a Constitutional Court decision is tantamount to violating the Constitution is examined within the framework of constitutionalism theory and the accountability of state officials. This article argues that the final and binding nature of Constitutional Court decisions is not merely a procedural technicality, but rather a substantive foundation of constitutional supremacy and the rule of law within Indonesia’s system of government.
Managed Judicial Activism: Balancing Judicial Activism and Restraint in Constitutional Court Decisions, 2024-2025 Irmanjaya Thaher; Dyah Permata Budi Asri
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): 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.v3i2.1772

Abstract

This article examines the practices of judicial restraint and judicial activism in the decisions of the Indonesian Constitutional Court (MK) for the 2024–2025 period, by integrating the academic discourse published in the MKRI Constitutional Journal (2025), institutional statements by Minister of Law and Human Rights Yusril Ihza Mahendra emphasizing judicial restraint as a form of judicial maturity, and the historical precedent set by Mahfud MD in the KPK wiretapping case as a landmark example of judicial activism in Indonesia. The study was conducted by comparatively analyzing theories of judicial activism and restraint, mapping the spectrum between the two approaches, and applying this analytical framework to the Constitutional Court’s most significant decisions during the 2024–2025 period. This article argues that the activism–restraint dichotomy is a continuum, not a categorical one, and that the Indonesian Constitutional Court, in the dynamics of its rulings, moves between these two poles contextually, depending on the issues at hand, the composition of the panel, and the surrounding political pressures.
Household Conflict Mediation in Contemporary Islamic Family Law at KUA Medan Tembung, Indonesia Muhammad Arbi; Bagus Ramadi
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 2 (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.v5i2.1870

Abstract

This study aims to analyze the factors contributing to household conflicts, conflict resolution models from the perspective of Islamic family law, and mediation practices implemented at the Office of Religious Affairs (Kantor Urusan Agama/KUA) of Medan Tembung. This qualitative study employs an empirical legal approach using case study and conceptual approaches. Primary data were obtained through interviews with the Head of KUA Medan Tembung, religious counselors, and religious leaders, supplemented by supporting interviews at KUA Medan Denai and KUA Medan Perjuangan. Secondary data were obtained from relevant literature and scholarly articles. Data were collected through observation, interviews, and documentation and analyzed using the Miles and Huberman model. The findings indicate that economic factors are the primary cause of household conflicts, followed by infidelity, imbalanced lifestyles, and low levels of communication and religious education among couples. Conflict resolution is conducted through mediation based on the principle of islah, emphasizing deliberation and religious guidance. The mediation model at KUA Medan Tembung has distinctive characteristics, including separate mediation sessions for the parties and home visits as a flexible approach adapted to community conditions. The mediation success rate is estimated at approximately 50%. The study concludes that KUA plays a strategic role in preventing divorce and strengthening family resilience through systematic, flexible, and context-sensitive mediation. Academically, this study contributes to the development of Islamic family law scholarship by demonstrating an islah-based mediation model that integrates religious guidance with adaptive services responsive to community needs.
Legal Protection for Children from Unregistered Marriages in Namorambe, Indonesia Ahmad Nubli Sitepu; Amal Hayati
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.v5i1.1873

Abstract

This study aims to examine the legal protection of children born from unregistered marriages under Indonesian law and to analyze its implementation in Namorambe District. It specifically examines the legal provisions governing children’s rights and the fulfillment of their rights to care, custody, financial support, legal identity, and protection. This study employs a qualitative socio-legal approach, combining analysis of relevant legal regulations with empirical data collected through interviews and direct observations in Namorambe District. The findings show that several children experience the consequences of parental separation or divorce, with inadequate marital preparation identified as one contributing factor. The situation becomes more complex when the parents’ marriage is unregistered, as the absence of formal documentation may weaken the practical enforcement of parental responsibilities. Some parents demonstrate limited responsibility after separation, particularly regarding childcare, custody, and financial support, resulting in the inadequate fulfillment of children’s rights. The study concludes that although Indonesian law provides a legal basis for protecting children regardless of their parents’ marital registration status, implementation remains constrained by limited parental responsibility, legal awareness, and access to protection mechanisms. This study contributes to socio-legal scholarship on Indonesian family law by providing empirical insight into the relationship between marriage registration, parental responsibility, and child protection at the local level. It emphasizes the need for stronger legal awareness, institutional protection, and parental accountability to ensure the fulfillment of children’s rights and welfare.
The Dismissal of State Administrative Officials under Indonesian Positive Law and Maqasid al-Shariah Nadya Fransiska; Bustamar Bustamar
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.v5i1.1881

Abstract

This study aims to analyze the dismissal of state administrative officials through a comparative examination of Indonesian positive law and the perspective of Maqasid al-Sharia, focusing on the relationship between formal legal certainty and substantive justice. This study employs qualitative field research using interviews and documentation of dismissal cases involving the Heads of Payakumbuh Timur and Lengayang Subdistricts in Pesisir Selatan Regency. The data were analyzed comparatively by integrating principles of Indonesian administrative law with the framework of Maqasid al-Sharia. The findings reveal that Indonesian positive law provides a normative and procedural framework for the dismissal of administrative officials; however, its implementation may undermine procedural justice, particularly when officials are not adequately given opportunities for clarification and self-defense. From the perspective of Maqasid al-Sharia, dismissals that disregard procedural justice may create bureaucratic mafsadah and undermine public welfare. The study concludes that the dismissal of administrative officials should balance legal certainty with substantive justice by ensuring procedural fairness throughout the administrative decision-making process. The academic contribution of this study lies in developing an integrative analytical framework that connects administrative law with Maqasid al-Sharia to evaluate dismissal practices and promote administrative governance that is legally valid, procedurally fair, substantively just, and ethically legitimate..

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