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All Journal AT-TAFAHUM: Journal of Islamic Law Jurnal Sahabat ISNU SU
Dinda Suciana Rambe
Sunan Kalijaga State Islamic University Yogyakarta
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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Legal Protection of Business Actors in Digital Trade Agreements: Strengthening Contractual Certainty, Electronic Transaction Security, and Fairness in the Digital Economy Era Dinda Suciana Rambe; Madina Tuz Zahra Tanjung; Zahwa Khalisa; Rahmat Suryadi Siregar; M. Wahyu Fadillah
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Mei 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1251

Abstract

The development of digital technology has brought significant changes in the practice of commercial law, particularly in the implementation of trade agreements, which are now often conducted electronically. Digital trade agreements provide convenience and efficiency for business actors, but on the other hand, they also give rise to various legal issues, such as the weak bargaining position of certain business actors, unclear clauses in electronic agreements, and increased potential for disputes due to default and data misuse. Furthermore, the transformation from conventional transactions to digital-based transactions has changed the nature of contractual relationships between business actors. Digital agreements are increasingly formed through electronic platforms, automated systems, and standard contractual mechanisms, which may reduce direct negotiation between parties. This development creates new legal challenges concerning contractual fairness, transparency of electronic clauses, protection of electronic evidence, and accountability of digital platforms involved in commercial transactions. This study aims to analyze the forms of legal protection for business actors in trade agreements in the digital era and assess the effectiveness of applicable laws and regulations in providing legal certainty. The research method used is normative legal research with a statutory regulatory approach, a conceptual approach, and a case approach. The results show that regulations related to trade law and electronic transactions have essentially provided a basis for legal protection for business actors, but there are still obstacles in their implementation, supervision, and enforcement. This research argues that legal protection in digital trade agreements cannot be limited to the recognition of electronic contracts but must also include mechanisms ensuring balanced contractual relationships, protection against unfair standard clauses, and effective dispute resolution mechanisms. Therefore, strengthening digital trade regulation requires an integrated approach between contract law, electronic transaction law, and data protection principles. Therefore, regulatory harmonization, strengthening legal protection mechanisms, and increasing legal literacy for business actors are needed to create a fair, safe, and sustainable digital trade climate.  
Job Offers as A Mode of Human Trafficking Criminal Acts From the Perspectives of Positive Law and Islamic Law Dinda Suciana Rambe; Athaya Khalis Kafi
AT-TAFAHUM: Journal of Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v3i2.29089

Abstract

It's important to note that Indonesia is one of the largest suppliers of migrant workers in Asia. Migrant workers are recruited through various means, including both legal (official) and illegal (smuggling) methods. The recruitment of illegal migrant workers has always been linked to slavery, which is one of the forms of human trafficking. In fact, human trafficking crimes have many forms and variations, generally carried out to extort and oppress victims for profit. Although various fundamental prevention strategies have been formulated and implemented, the social reality is that various obstacles are encountered in preventing human trafficking through the placement of migrant workers. Therefore, cooperation and synergy between all individual sectors, law enforcement agencies, and the government are needed.
Principles of Islamic Law Dinda Suciana Rambe; Eviana Sagala
AT-TAFAHUM: Journal of Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v6i2.29149

Abstract

This study aims to analyze the principles of Islamic law as the basic principles in the formation and application of law derived from the Qur'an, Hadith, and the ijtihad of scholars. The research method used is normative legal research with a statutory and conceptual approach, through a literature study of various primary, secondary, and tertiary legal sources. The results show that the principles of Islamic law play a crucial role in realizing the objectives of sharia (maqashid al-syari'ah), namely protecting religion, life, intellect, descendants, and property. These principles reflect fundamental values such as justice, benefit, legal certainty, and flexibility in facing current developments. Apart from that, there are special principles such as eliminating difficulties (nafyu al-haraj), reducing legal burdens (qillat al-taklif), and establishing laws in stages (tadarruj), which show that Islamic law is adaptive, humane, and not burdensome. The application of these principles makes Islamic law remain relevant in various social conditions in society. Thus, the principles of Islamic law not only function as a normative basis, but also as a practical guideline in creating laws that are just, balanced, and oriented towards the welfare of the people.
The Influence of Islamic Business Ethics on Criminal Liability: A Transactional Analysis Dinda Suciana Rambe; Putri Nurlaili
AT-TAFAHUM: Journal of Law Vol 7, No 1 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v7i1.29064

Abstract

This study examines the influence of Islamic business ethics on corporate criminal liability in the context of business law in Indonesia using a normative legal research approach (doctrinal research). The main focus is the principles of muamalah as the foundation of Islamic business ethics that demand justice, trustworthiness, and moral responsibility in corporate activities. This study examines the construction of the element of fault (mens rea) and its relevance in determining corporate criminal liability based on Indonesian positive legal norms. In addition, this study evaluates the application and modification of criminal sanctions in business crime cases that consider the corporation's efforts to comply with or violate muamalah principles. The results of this study are expected to provide a deeper normative understanding of the integration of Islamic ethics in the corporate criminal law system, while also providing recommendations for criminal policy reform that is more responsive to muamalah values.
Analysis of Togel Gambling as a Crime from an Islamic Criminal Law Perspective Dinda Suciana Rambe; Harafi Pasaribu
AT-TAFAHUM: Journal of Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v9i2.29160

Abstract

In Indonesian society, gambling remains a controversial issue. Law enforcement has uncovered numerous cases. This demonstrates that gambling in Indonesia has not been eradicated and is a social ill. Gambling involves deliberate wagering, risking a value or something deemed valuable, while acknowledging the risks and expectations inherent in games, matches, competitions, and other events with uncertain outcomes. Verse 90 of QS Al-Maidah clearly forbids gambling, citing its heinous nature as a satanic act. Therefore, we should refrain from engaging in it. Research methodology is a collection of regulations, activities, and procedures employed by practitioners of a discipline. This type of research is normative legal research, also often referred to as library research. Within the framework of the maqāṣid al-syarī'ah (the principles of Islamic law), gambling clearly contains elements of harm that outweigh its benefits. Therefore, prevention and control efforts need to be comprehensive, encompassing legal, social, and religious approaches. In this context, the implementation of legal sanctions for lottery gambling according to the perspective of Islamic criminal law is categorized as ta'zir sanctions, either in the form of caning or other punishments. In addition, sanctions for perpetrators of gambling who use technology, the government can adjust regulations based on applicable laws.
Integration of Islamic Inheritance and Customary Inheritance: A Study of the Mandailing Community in Tanjung Village Dinda Suciana Rambe; Naslim Naslim
AT-TAFAHUM: Journal of Law Vol 3, No 1 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v3i1.29060

Abstract

Inheritance law is a part of civil law in Indonesia that regulates the transfer of rights and ownership of property from a deceased person to heirs entitled to receive it. Inheritance law plays an important role because death creates legal consequences regarding the distribution of assets left by the deceased. However, inheritance disputes frequently occur in society, particularly concerning inheritance distribution patterns and the determination of heirs’ rights. In Indonesia, inheritance distribution is regulated not only by the Compilation of Islamic Law but also by customary inheritance systems based on ethnic traditions and local cultural values, which often lead to differences in implementation. This study aims to analyze inheritance distribution practices and examine the interaction between Islamic inheritance law and ethnic customary law in resolving inheritance disputes. The research employs an empirical juridical method with a sociological approach to understand legal practices within society. Data were collected through observations and analysis of social phenomena related to inheritance disputes. The findings indicate that inheritance distribution is influenced by legal awareness, religious values, customary traditions, and family agreements. The coexistence of Islamic inheritance law and customary inheritance law reflects the dynamic nature of inheritance regulation in Indonesia. Therefore, harmonization between legal norms, religious principles, and customary values is necessary to minimize inheritance disputes and promote justice among heirs. This study is expected to contribute to the development of inheritance law and provide references for resolving inheritance disputes within Indonesia’s plural legal system.
Contemporary Islamic Jurisprudence Study On Interfaith Marriage: A Review Of Modern Schools Of Thought And Scholars Manswab Mahsen Abdulrahman; Dinda Suciana Rambe; Raja Albar Pandapotan Simatupang
AT-TAFAHUM: Journal of Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i1.29128

Abstract

Interfaith marriage has become an increasingly significant issue in contemporary Islamic jurisprudence due to the growing interaction among people of different religious backgrounds in the era of globalization. While Islamic teachings provide legal guidance on marriage, contemporary scholars have sought to reinterpret classical rulings by considering the objectives of Islamic law (maqasid al-shariah) and the realities of modern pluralistic societies. This study aims to analyze the concept of interfaith marriage from the perspective of contemporary Islamic jurisprudence, examine the views of the four major Sunni schools of law and contemporary Muslim scholars, and explore its relevance within the Indonesian legal system. The research employs a qualitative approach using normative juridical and library research methods. Primary data consist of the Qur'an, Hadith, and classical as well as contemporary Islamic legal literature, while secondary data are obtained from scientific journals, books, and Indonesian marriage regulations. The collected data were analyzed descriptively and analytically to identify similarities, differences, and contemporary legal implications. The findings reveal that the four Sunni schools generally prohibit Muslim women from marrying non-Muslim men, while differing opinions exist regarding Muslim men marrying women from the People of the Book (Ahl al-Kitab). Contemporary scholars such as Yusuf al-Qaradawi and Quraish Shihab acknowledge the textual permissibility of such marriages but emphasize that they should be assessed based on public interest, family harmony, and the religious upbringing of children. In Indonesia, interfaith marriages are not legally recognized under Law Number 1 of 1974 because marriage validity depends on compliance with the respective religious laws of the parties involved. The study concludes that although contemporary Islamic jurisprudence provides room for contextual interpretation, the principles of preserving faith, family stability, and social welfare remain the primary considerations in determining the legal status of interfaith marriage.
Principles of Islamic Criminal Law in the Perspective of Jinayah Fiqh Dinda Suciana Rambe; Hanisah Raihanah Larosa; Elis S Masita Damanik
Jurnal Sahabat ISNU SU Vol. 1 No. 2 (2024): ISNU Sahabat September 2024
Publisher : ISNU Sumatera Utara

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

Abstract

This study explains that Islamic criminal law or fiqh jinayah is an important part of the Islamic legal system that aims to maintain order, justice, and the welfare of the community. In its application, Islamic criminal law is not only oriented towards imposing sanctions, but also emphasizes the protection of human rights, justice, and the balance between individual and societal interests. This study aims to understand the principles of Islamic criminal law and to identify the various principles that form the basis for the application of fiqh jinayah. The research method used is normative legal research with a library approach, through a study of the Qur'an, Hadith, books, and relevant scientific journals. The results of the study indicate that the principles of Islamic criminal law include the principle of legality, the principle of prohibition of retroactive application, the principle of presumption of innocence, the principle of personal responsibility, the principle of justice and equality before the law, the principle of forgiveness and peace, the principle of protection of human rights, and the principle of humanity in the implementation of punishment. These principles indicate that Islamic criminal law has principles of justice that are in line with modern legal values ​​and aim to create the welfare of the community.
Co-Authors Athaya Khalis Kafi Elis S Masita Damanik Eviana Sagala Hanisah Raihanah Larosa Harafi Pasaribu M. Wahyu Fadillah Madina Tuz Zahra Tanjung Manswab Mahsen Abdulrahman Naslim Naslim Putri Nurlaili Rahmat Suryadi Siregar Raja Albar Pandapotan Simatupang Zahwa Khalisa