Hakamain: Journal of Sharia and Law Studies

Legal Implementation in the Digital Era: Protection of Child Support Rights after Divorce in Indonesia

2025-05-10T09:26:14+07:00

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.

The Compilation of Islamic Law as a Socio-Digital Product in the Reform of Islamic Law in Indonesia

2025-06-03T10:27:12+07:00

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.

Reconstruction of Constitutional Court Decision on Presidential and Vice Presidential Age Limit from Siyasah Qadhaiyyah Perspective

2025-06-07T12:36:13+07:00

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.

Artificial Intelligence Integration in UNCLOS Implementation for Resolving Maritime Disputes in South China Sea

2025-06-05T19:06:24+07:00

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.

Implementation of SEMA Number 01 Years 2023: Summons Notice by Registered Mail in the Religious Court

2025-06-16T10:40:14+07:00

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.