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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 158 Documents
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Multisectoral Strategies of West Java Government Protecting Women from Contract Marriage Sexual Violence Human Rights Syaripudin, Dadang; Saefudin, Encang
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 2 (2025): July-December 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article analyzes trends in sexual violence against women in Indonesia and West Java during 2020–2021, using structural and radical feminist theories from figures such as Sylvia Walby, Andrea Dworkin, bell hooks, Nancy Fraser, and Pierre Bourdieu. Data shows a significant increase in cases of sexual violence, including rape and harassment, dominated by perpetrators from the victim's immediate environment and exacerbated by the COVID-19 pandemic. The rape case in Cimahi is a concrete illustration of the failure of traditional protection systems for women. This research highlights the need for a multisectoral strategy and a collaborative governance model to address tradition-based violence that harms women. The West Java Provincial Government has begun implementing collaborative measures by involving service institutions, law enforcement officials, and civil society in providing protection and recovery for victims. This article recommends strengthening inclusive and gender-justice-based governance as key to preventing violence against women.
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.
Substantive Legal Analysis of Judicial Decisions in Breach of Contract Disputes: A Case Study of the Surabaya High Court Aldi Firmansyah; Ikmal Fata; Aimmatur Rosidah; Ladisa Oktari Matahari
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.v4i1.1454

Abstract

This study aims to analyse the legal considerations of judges in cases of breach of cooperation agreements, particularly in relation to the dominance of the principle of legal certainty over the principles of justice and benefit. The focus of the study is to determine the extent to which judges' decisions reflect a balance between normative aspects and substantive justice. The method used is a normative legal approach by examining laws, regulations, doctrines, and court decisions related to the object of research. Data sources were obtained through literature studies using books, laws, papers, journals, and other secondary sources. The results of the study indicate that the judge's decision in case No. 521/Pdt.G/2021/PN.Sby emphasised legal certainty through procedural and formal analysis, so that the aspects of justice and utility were not the main considerations. The judge tended to ignore substantive justice and dismissed the lawsuit as premature, so that the plaintiff did not obtain their rights. These findings indicate limitations in the application of the principles of justice and utility when judges are bound by textual requirements. This research contributes to strengthening the discourse on the importance of balancing legal certainty, justice, and utility in civil law enforcement. The originality of this research lies in its in-depth analysis of judges' legal argumentation practices in default cases using a substantive law approach.
Kantika Ngara Practice: Marriage Validity under Islamic and Positive Law in Ambalawi Regency Local Wisdom Syarif Hidayatullah; Muhammad Zia Ulhaq; Fitriani
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.v4i2.1461

Abstract

This study examines the practice of Kantika Ngara in Ambalawi Subdistrict, Bima Regency, a local pre-marital tradition involving the symbolic adjustment of the bride’s and groom’s names, which is believed to bring harmony, prosperity, and blessings to married life. The purpose of this research is to describe the implementation of Kantika Ngara, analyze it from the perspectives of Islamic law and positive law, and assess the harmony between religious norms, state regulations, and local wisdom. This study employs a qualitative approach using normative and empirical methods. Data were collected through observation, in-depth interviews, and documentation, and analyzed using NVivo to identify key themes. The findings show that Kantika Ngara is practiced through symbolic methods such as counting name letters, interpreting names, observing palm lines, and measuring finger length as indicators of fortune. From the perspective of Islamic law, this tradition does not invalidate the marriage contract because the name adjustment is symbolic and does not affect legal identity. From the perspective of positive law, the practice does not cause administrative or legal problems since official identities remain unchanged. This study demonstrates that Kantika Ngara represents local wisdom that harmonizes religious values, state law, and community culture, contributing to discussions on legal pluralism and cultural accommodation
Consumer Protection on pertamina Fuel Quality in the Pertamax-Pertalite Adulteration case: Wahbah Az-Zuhaili's Perspective Cicih Aninda; Fauziah Lubis
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.v4i1.1511

Abstract

This study examines consumer protection concerning the quality of Pertamina’s fuel in the case of Pertamax adulterated with Pertalite, analyzed through the perspective of Wahbah Az-Zuhaili. The background of this research stems from the increasing allegations of fuel adulteration by individuals within PT Pertamina Patra Niaga and its subsidiaries, which have caused significant losses to both society and the state. The study aims to analyze the forms of consumer protection law violations in this case and to review the legal solutions from both positive law and Islamic law perspectives. This research employs a normative legal method with a qualitative approach, utilizing primary legal materials such as Law No. 8 of 1999 on Consumer Protection, alongside secondary materials including legal literature and academic journals. The findings indicate that the practice of mixing Pertamax and Pertalite violates Articles 7 and 8 of the Consumer Protection Law (UUPK) as it involves trading goods inconsistent with their labeling and quality standards. From the Islamic perspective, such an act constitutes tadlīs fī al-jawdah (deception in product quality), which is strictly prohibited, as emphasized by Wahbah Az-Zuhaili in al-Fiqh al-Islāmī wa Adillatuhu. The state holds both legal and moral responsibilities as waliy al-amr to uphold justice through effective supervision (hisbah) and firm law enforcement. In conclusion, the practice of fuel adulteration represents a violation of both national and Sharia law. Therefore, reform in energy distribution governance, transparency in monitoring, and consumer education are essential to prevent similar fraudulent acts in the future
The Judge's Consideration of the Phrase Urgent Reasons in Marriage Dispensation Cases : A Legal Realism Perspective Ilma Maulana Ahmad; Muhammad Alvin Saputra; Zahrotul Habibah
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.v4i2.1522

Abstract

This study examines the increasing number of marriage dispensation cases following the amendment of the minimum marriage age through Law No. 16 of 2019, which reveals a gap between regulatory objectives and social realities. The purpose of this research is to analyze judicial interpretations of the phrase “very urgent reasons” and to identify the social and moral considerations influencing judges’ decisions in marriage dispensation cases. This study employs a qualitative method using a juridical-normative approach, conducted as library-based research. Legal materials were collected from legislation, court decisions, academic literature, and relevant legal documents, and were analyzed descriptively and analytically. The findings indicate that judges possess broad discretionary authority in interpreting “very urgent reasons,” resulting in inconsistent applications due to the absence of clear normative parameters. Judicial reasoning is not limited to formal legal provisions but is strongly influenced by social conditions and moral considerations, particularly the aim of preventing greater harm to the parties involved. This demonstrates that legal practice in religious courts operates as a living law shaped by societal realities. The implications of this research highlight the need for clearer regulatory guidelines to ensure uniform judicial considerations that prioritize child protection and the prevention of early marriage. The contribution of this study lies in offering an analytical framework that explains judicial discretion in marriage dispensation cases. The originality of this research is found in applying an interpretive perspective to reveal the dynamics of legal reasoning within religious courts
Jurisprudential Implications for the Right of Mut'ah in Divorce at the Wife's Initiative Zahrotul Habibah; M. Su'udi Ali; Ilma Maulana Ahmad
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.v4i2.1529

Abstract

This research aims to examine the role of jurisprudence in fulfilling the right to mut’ah in divorce cases initiated by the wife, particularly in the context of family law reform. The issue is significant because the obligation to provide mut’ah has traditionally been subjectively limited to divorces initiated by the husband, creating normative constraints for wives who file for divorce. This study employs a juridical-normative research design, using legislative and case approaches to analyze court decisions and legal norms governing mut’ah. The findings demonstrate that jurisprudence plays a strategic role as a legal precedent, a mechanism for filling normative gaps, and a driver of progressive interpretation in family law. The analysis reveals that mut’ah rights may still be granted in wife-initiated divorces when the wife is proven not to be in a state of nusyuz. Furthermore, the study identifies two practical strategies used by wives to obtain mut’ah before the Religious Court, namely by explicitly claiming it in the petitum and through mutual agreement achieved in mediation proceedings. The research contributes to strengthening normative access to mut’ah rights and provides
Lecturers as Workers? Legal Justice in Performance Allowances and Academic Welfare in Indonesian Universities Rizal Maula; Dhanni Azier Nanda Dwi Jendra; Vela Retna Widyastuti
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.v4i2.1636

Abstract

This study examines whether the government's failure to disburse performance allowances to lecturers in Indonesian public universities violates principles of legal justice and undermines the academic welfare rights of lecturers as professional workers. Using normative legal research, the study employs statutory, conceptual, and case approaches by analyzing Law No. 20 of 2023 on Civil Servants, Minister of Administrative and Bureaucratic Reform Regulation No. 6 of 2022, and documented statements from affected lecturers and government officials reported in credible media outlets. The findings reveal three issues. First, the government's failure to allocate budgets and issue the required Presidential Regulation violated the principle of legality and created structural discrimination between ministries. Second, despite lecturers fulfilling BKD and SKP performance requirements, the state failed to implement the mandated pay-for-performance system, contrary to merit system principles under the Civil Servants Law. Third, this negligence constituted unlawful government conduct (onrechtmatige overheidsdaad) and maladministration under Law No. 37 of 2008, thereby opening legal remedies through administrative and civil proceedings. The study concludes that lecturers should be recognized as workers entitled to equitable remuneration, legal certainty, and protection of their economic rights. Academically, this research contributes to administrative justice scholarship by integrating labour rights and higher education governance perspectives to explain state accountability in lecturer remuneration policies and academic welfare protection.

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