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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 47 Documents
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Reconstruction of Constitutional Court Decision on Presidential and Vice Presidential Age Limit from Siyasah Qadhaiyyah Perspective Saputra, Muhammad Febri Eka; Miswardi, Miswardi; Ihsan, Nurkhairat; Fransiska, Nadya; Safitri, Rahmi Surya
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1305

Abstract

The Constitutional Court Decision No. 90/PUU-XXI/2023, which allows individuals under the age of 40 to run for vice president if they have held a regional leadership position, has generated widespread public controversy. This study critically evaluates the ruling through the lens of siyasah qadhaiyyah, an Islamic legal-political framework that prioritizes justice ('adl), transparency (shafafiyyah), and public welfare (maslahah). Utilizing a qualitative research design with a case study approach, data were gathered through semi-structured interviews with constitutional law experts, Islamic jurists, and civil society representatives, supported by document analysis and media reviews. The findings indicate that the ruling is perceived by most respondents as politically biased, lacking alignment with the principles of substantive justice, and potentially discriminatory against non-political actors. Concerns also emerged regarding its implications for increased political polarization and diminished public confidence in judicial impartiality.This research contributes to the global discourse on constitutional jurisprudence and Islamic legal theory by integrating siyasah qadhaiyyah as a normative evaluative tool for judicial decisions in Muslim-majority democracies. It highlights the importance of embedding ethical and inclusive principles in legal reform to safeguard democratic integrity. The study concludes by recommending a realignment of Indonesia’s constitutional policies with the values of siyasah qadhaiyyah to ensure fair political participation and strengthen judicial legitimacy within broader democratic governance frameworks.
Legal Implementation in the Digital Era: Protection of Child Support Rights after Divorce in Indonesia Kayati, Nurul Fitri; Hidayatullah, Syarif; Jainuddin, Jainuddin
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1317

Abstract

This study aims to examine the implementation of child support rights protection after divorce in Indonesia within the context of the digital era through field research. A qualitative approach was used to gain an in-depth understanding of the practices, challenges, and opportunities in enforcing child support rights. Data were collected through in-depth interviews with various stakeholders, such as religious court judges, lawyers, divorced parents, and officers from child protection agencies in several religious court jurisdictions in Indonesia. The findings reveal a gap between existing legal provisions and their practical implementation. Major obstacles include limited public legal awareness, weak supervision mechanisms, and restricted access to and utilization of digital technology in the determination and monitoring of child support. Nevertheless, several digital innovations have begun to be applied, such as document digitization systems and child support tracking applications that help expedite processes and enhance transparency. This research makes significant contributions in Indonesia by offering contextual understanding and strategic recommendations for strengthening technology-based child support protection. Globally, the findings can serve as a reference for developing countries seeking to integrate family law regulations with digital advancements to improve access and the effectiveness of legal services. These results are expected to promote the development of a more inclusive, responsive, and adaptive child support protection system in the digital era.
Artificial Intelligence Integration in UNCLOS Implementation for Resolving Maritime Disputes in South China Sea Al Hafiz, Si Yusuf; Al Badi’ah, Nurul Izzah; Abdurrozaq, M.
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1326

Abstract

This research investigates the integration of Artificial Intelligence (AI) into the implementation of the United Nations Convention on the Law of the Sea (UNCLOS) to enhance the effectiveness of maritime dispute resolution, particularly in the South China Sea—a region marked by overlapping territorial claims and geopolitical tensions. The objective of this study is to explore how AI technologies can support legal mechanisms under UNCLOS in resolving disputes more efficiently, transparently, and equitably. Using a normative legal research method with a conceptual and statutory approach, this study examines existing legal frameworks, analyzes the potential of AI-based tools such as machine learning, big data analytics, and automated decision-making systems, and evaluates their relevance in UNCLOS enforcement and dispute resolution mechanisms. The findings indicate that AI can play a transformative role in various aspects: real-time maritime monitoring, evidence verification, predictive modeling of potential conflicts, and assisting international tribunals in the interpretation and application of UNCLOS provisions. Furthermore, AI can facilitate trust-building among stakeholders by ensuring transparent data processing and minimizing human bias. The study concludes that while the integration of AI into UNCLOS implementation poses regulatory, ethical, and technical challenges, it also presents a timely and innovative opportunity to modernize international maritime governance. As an academic contribution, this research offers a forward-looking framework for the digital transformation of international legal instruments and encourages interdisciplinary dialogue between law, technology, and policy in addressing complex maritime disputes such as those in the South China Sea. Keywords: UNCLOS 1982, international maritime law, maritime governance, dispute resolution, maritime law reform.
The Compilation of Islamic Law as a Socio-Digital Product in the Reform of Islamic Law in Indonesia Doni, M.; Hanani, Silfia
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1335

Abstract

This study aims to analyze the Compilation of Islamic Law (KHI) as a digital social product reflecting the transformation of Islamic law in Indonesia amidst an increasingly digitized and complex society. It examines how information technology influences the understanding, interpretation, and application of Islamic legal norms contained in the KHI. This study employs a qualitative method with a field research approach, examining the process of drafting the KHI by considering social and digital factors, including public participation and the development of legal discourse. Field research was conducted to explore the implementation of KHI within Indonesia’s religious court system, focusing on the utilization of digital technology to enhance access, transparency, and efficiency in the enforcement of Islamic law. The findings indicate that KHI functions not only as a formal legal document but also as a dynamic social construction that adapts to the needs of contemporary society and technological developments. However, challenges related to the relevance, flexibility, and formal legal status of KHI within the national legal framework still need to be addressed. The study concludes that reformulating KHI as a digital social product is crucial to responding to the modern legal challenges faced by the Indonesian Muslim community, emphasizing the need for adaptive and inclusive regulations. This contribution plays a strategic role for policymakers and legal practitioners to strengthen the role of KHI in building a responsive, participatory, and contextual Islamic legal system in the digital era.
Implementation of SEMA Number 01 Years 2023: Summons Notice by Registered Mail in the Religious Court Candra, Afrikal; Efendi, Faisal; Supardi, Elpi; Nurlaila, Nurlaila; Mulyawan, Fitra; Bulan Sari Siregar, Linda
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1354

Abstract

The purpose of this research is to examine how the implementation and impact of SEMA (Circular Letter of the Supreme Court) Number 1 years 2023. The research method used is a qualitative approach with in depth interview techniques and document analysis. Data were collected through literature study and observation of the implementation of SEMA number 1 years 2023. The analysis was conducted using a descriptive approach to illustrate the implementation of notifications through registered mail. The Religious Court involves two parties, namely the bailiff and the POS (PT. Pos Indonesia). The bailiff of the sends court summons notifications via postal service. The postal service delivers the court summons notifications through registered mail to the parties involved in the case while adhering to operational standards. However, there are still obstacles in its implementation, in improving the efficiency and effectiveness of the judicial process. Positive impact, especially in improving the judicial process Improvement in the quality of judicial services. The systematic arrangement of judicial procedures, accountability, and transparency, as well as the achievement of the principle of low-cost or affordable justice, also have negative impacts, particularly in the challenges of the latest system reforms, as well as the risks of prolonged trial delays and the risks of unlawful and unjust summonses. In reality, the POS often does not provide a summons to the litigant, which results in no information reaching the litigant.
Legal Analysis of Bitcoin Ownership as a Medium of Exchange in the Digital Financial System Bimantara, Gesa; Astuti Handayani, Tri; Aqiel Alam, M.
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1358

Abstract

This study examines the legal status and implications of Bitcoin ownership as a medium of exchange within Indonesia's evolving digital financial system. In light of persistent regulatory ambiguity, the research seeks to understand how legal uncertainty shapes the use and recognition of Bitcoin as a transactional asset. Employing a qualitative socio-legal approach, the study integrates doctrinal legal analysis with empirical findings obtained from in-depth interviews with cryptocurrency users, legal scholars, and financial regulators. The findings reveal that Bitcoin ownership in Indonesia lacks formal legal recognition, as there is no existing state-sanctioned registration system or institutional mechanism to validate cryptographic ownership. Instead, the private key remains the only accepted evidence of control and possession, creating a decentralized system of ownership that operates independently from conventional legal doctrines. Despite regulatory restrictions, Bitcoin continues to be used in informal peer-to-peer transactions, primarily driven by user preferences for privacy, decentralization, and efficiency. This disconnect between legal structures and technological realities generates vulnerabilities for users, particularly in cases involving fraud, inheritance, taxation, or contractual disputes, where no formal recourse exists. The research concludes that Indonesia’s legal framework remains ill-equipped to handle the complexities of decentralized financial assets, posing challenges to legal enforceability and consumer protection. The study recommends the establishment of a voluntary, state-recognized digital asset registration system, along with capacity-building initiatives for regulators. These measures aim to enhance legal certainty, bridge institutional gaps, and support the integration of blockchain-based assets into Indonesia’s formal financial and legal ecosystem.
Social Transformation of Tompangan Marriage in Contemporary Madurese Society through Islamic Legal Sociology Perspective Maulana, Ilham; Kartikasari, Yunia
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1359

Abstract

Abstract: This research aims to analyze the social transformation of the tompangan marriage tradition in the contemporary society of Bragung Village through the lens of Islamic legal sociology. The study explores how this unique marital practice—where monetary value is converted into goods as part of the marriage agreement—has evolved in response to changing socio-cultural and religious dynamics. Employing a qualitative field research method with a sociological approach to Islamic law, data were collected through in-depth interviews with community leaders, religious figures, and married couples, as well as through direct observation and documentation of local practices. The findings reveal that the traditional practice of tompangan, which was once a symbol of communal prestige and obligation, has experienced significant shifts in meaning and implementation. Economic modernization, individualistic values, and increasing awareness of Islamic legal norms have contributed to the transformation of tompangan from a collective social expectation into a more personalized, negotiable aspect of marriage. It has also led to debates around its compatibility with Islamic legal principles, especially concerning fairness and avoidance of burdensome dowries. The study concludes that the practice of tompangan in Bragung Village demonstrates the fluidity of customary law when interacting with Islamic jurisprudence, showing that Islamic legal norms are not static but responsive to social change. The academic contribution of this research lies in its demonstration of how Islamic legal sociology offers a robust analytical framework for understanding the interplay between tradition, religion, and social transformation in marriage practices in Muslim-majority societies.
Analyzing Public Complaints on BPJS Health Services Through Platform X Using a Maqashid Shari'ah Perspective Salimah Nailulmuna, Syarifah; Mujib, Abdul; Nuzul Hidayah, Robiah; Mustika Ramadhani, Fahmi; Ulum, Bahrul
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1338

Abstract

This study aims to explore public complaints directed at Indonesia’s Social Security Administration Agency (BPJS) as expressed on Platform X, through the analytical framework of Maqashid Shari’ah. Employing a qualitative research design, this study utilizes digital content analysis to examine and interpret public complaints posted on Platform X. The data were collected through purposive sampling of user-generated posts that explicitly criticized or questioned BPJS services, particularly in the context of health accessibility, affordability, and responsiveness. These complaints were then categorized thematically according to the five Maqashid Shari’ah indicators. The findings reveal significant dissatisfaction related to the preservation of life and wealth, as users reported delays in service provision, unclear administrative procedures, and unequal treatment across demographic and regional lines. Complaints also revealed emotional and psychological stress linked to navigating the system, suggesting broader implications for the protection of intellect and dignity. The study concludes that while BPJS has made notable progress in expanding healthcare access in Indonesia, critical shortcomings in implementation and service quality persist, undermining its alignment with the ethical objectives of Islamic law. This research contributes to academic discourse by bridging Islamic jurisprudential theory with digital ethnographic methods, offering a novel framework for evaluating public service institutions in Muslim-majority contexts. It also highlights the value of social media as a tool for gauging public sentiment and institutional accountability.
Judicial System Digitalization: The Constitutionality of the E-Court System in Southeast Asia Ruzayana, Zumrotu; Salsabila, Ulfa; Nuzul Hidayah, Robiah; Firsha , Misbahul
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1343

Abstract

This study aims to examine the constitutionality of the e-Court system as a form of judicial system digitalization in Indonesia and Malaysia. The research employs an empirical legal method by conducting in-depth interviews with judges, court staff, lawyers, and digital service users, as well as direct observations of e-Court implementation in selected judicial institutions across both countries. The primary objective is to understand how the digital transformation of court procedures aligns with constitutional principles such as access to justice, legal certainty, due process, and transparency. The findings indicate that in Indonesia, the e-Court system is largely viewed as constitutionally valid, rooted in the Supreme Court’s authority and the national commitment to judicial reform. However, issues such as uneven digital infrastructure, limited public access, and procedural challenges still persist. In Malaysia, the e-Court system is part of broader administrative reforms and has received significant institutional support, yet concerns remain regarding its compatibility with constitutional guarantees, especially in ensuring equal treatment and procedural fairness for all litigants. The study concludes that while both systems reflect progressive efforts to modernize the judiciary, their long-term legitimacy depends on how well they integrate constitutional values into digital innovations. The academic contribution of this research lies in providing an empirical and comparative perspective on how constitutional principles are interpreted and applied in the digitalization of judicial processes in Southeast Asia, thereby enriching the discourse on law and technology in developing constitutional democracies.
Digital Behaviorism among Muslim Communities on Social Media from the Perspective of Islamic Law Arifin, Firdaus; Fadly, Deni; Akhiar, Habibul; Majasius, Damarkunsi; Rahmadhani , Sri
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1360

Abstract

This study aims to analyze the transformation of Islamic law in response to the growing influence of digital behaviorism within modern Muslim communities, particularly through behavioral patterns observed on social media platforms such as Facebook and X (formerly Twitter). Digital behaviorism, rooted in classical behaviorist theories of Watson and Skinner, interprets human actions as stimulus-response mechanisms. In the digital era, this concept has evolved into data-driven models powered by algorithms that track, predict, and influence user behavior. Using a qualitative approach enhanced by big data analysis, this research collects and examines digital user interactions through sentiment analysis, metadata tracking, and keyword mapping related to religious expressions, ethical judgments, and social engagement. The findings show that digital behaviorism reduces human conduct to observable patterns and external stimuli, excluding key Islamic legal concepts such as niyyah (intention), ikhtiyar (free will), and taklif (moral responsibility). This creates a fundamental epistemological conflict with Islamic law, which views human beings as spiritual and moral agents accountable to divine guidance. The study concludes that while digital behaviorism provides useful insights for understanding contemporary social behavior, it cannot be used as a foundational framework for Islamic legal reasoning. Instead, it should serve as a supplementary analytical tool that supports a broader, value-based legal framework rooted in the objectives of Islamic law (maqasid al-shariah). The academic contribution of this research lies in its proposal for an integrative model that bridges modern behavioral science and Islamic jurisprudence, offering a responsive and ethically grounded legal approach in the digital age.

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