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All Journal AT-TAFAHUM: Journal of Islamic Law Jurnal Sahabat ISNU SU
Ahmad Baqi
Yogyakarta State University
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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Synergy between the National Narcotics Agency and the Police in Handling Narcotics Crimes in Indonesia Ahmad Baqi; Wahdaniah Sitorus; Syifatul Zuhra; Regita Angraini Lubis
Jurnal Sahabat ISNU SU Vol. 2 No. 3 (2025): ISNU Sahabat Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1252

Abstract

Drug abuse and illicit trafficking are serious problems in the Indonesian criminal justice system that require comprehensive and equitable handling. Law Number 35 of 2009 concerning Narcotics regulates a dual approach through repressive law enforcement against dealers and a rehabilitative approach for drug abusers. However, in practice, the implementation of rehabilitation is still not optimal and tends to be replaced by imprisonment. This study aims to analyze the law enforcement policy for narcotics crimes in Indonesia, focusing on the role of the National Narcotics Agency and the Police and the implementation of rehabilitation for drug abusers. The research method used is normative legal research with a legislative and conceptual approach. The results show that there is still a gap between legal norms and law enforcement practices, particularly in the implementation of rehabilitation, and the need to strengthen synergy between the National Narcotics Agency and the Police. This study concludes that optimizing rehabilitation policies and institutional coordination are key to realizing just, humanistic, and social recovery-oriented narcotics law enforcement.
Corruption as an Extraordinary Crime: A Historical and Legal Study in the Indonesian Legal System Ahmad Baqi; Arya Farhan Azizi S.
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v8i1.29155

Abstract

This paper aims to understand the history of corruption regulation through legal, historical, and international approaches. Corruption in Indonesian positive law is regulated by Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, which covers various forms such as bribery, gratuities, and abuse of authority. In addition, an international perspective through the UNCAC and the views of experts emphasize that corruption is the abuse of power for personal gain. History shows that corrupt practices have existed since ancient civilizations and continue to develop into the modern era. In Indonesia, corruption regulations have developed from the colonial period, the Old Order, the New Order, to the reform era marked by the establishment of the Corruption Eradication Commission (KPK). Globally, the principles of transparency, accountability, and good governance are the main foundations for eradicating corruption. Thus, corruption regulations continue to develop in order to create a clean and integrated government.
The Urgency of Reforming Indonesian Commercial Law in Facing Digital Trade Ahmad Baqi; Nasyfah Salsabila Harahap
AT-TAFAHUM: Journal of Islamic Law Vol 7, No 1 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v7i1.29105

Abstract

The development of digital technology has significantly changed trade patterns in Indonesia, marked by the emergence of e-commerce, fintech, and the platform-based economy. However, this progress has not been matched by adequate legal preparedness. Indonesian trade law still relies heavily on the Commercial Code (KUHD), which was historically designed for conventional transactions, thus failing to accommodate the complexities of digital transactions. This study aims to analyze the current state of trade law, identify normative limitations, and examine the urgency of legal reform in the face of digitalization. The method used is a qualitative approach through a literature review analyzing various regulations such as the KUHD, the ITE Law, and the Consumer Protection Law. The results indicate a gap in norms related to electronic contracts, click-wrap agreement mechanisms, digital platform liability, personal data protection and online dispute resolution. Furthermore, legal relationships in digital transactions involving third parties, such as marketplaces, add to the complexity and have not been comprehensively regulated. This situation has the potential to create legal uncertainty and weaken protection for consumers and businesses. Therefore, adaptive and integrative normative reform of trade law is needed to create legal certainty, justice, and effective protection in the digital trade ecosystem in Indonesia. This update is expected to be able to answer the challenges of the digital era while supporting sustainable national economic growth.
Organ Transplantation in the Perspective of Islamic Fiqh: Analysis of Permissibility, Requirements, and Legal Implications Ahmad Baqi; Chaisya Aliffah Siswoyo; Yulia; Eviana Sagala
Jurnal Sahabat ISNU SU Vol. 1 No. 1 (2024): ISNU Sahabat Mei 2024
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v2i3.913

Abstract

Organ transplantation represents one of the most significant advances in modern medicine, offering life-saving treatment and improving the quality of life for patients suffering from end-stage organ failure. Nevertheless, this medical practice raises important legal and ethical questions within Islamic jurisprudence (fiqh), particularly concerning the permissibility of organ donation, the protection of human dignity, and the prohibition of organ commercialization. This study aims to analyze the Islamic legal perspective on organ transplantation, examine the conditions governing organ donation from living and deceased donors, and explore the legal implications of organ trading within contemporary medical practice. This research employs a qualitative normative approach through library research by analyzing primary Islamic legal sources, including the Qur'an, Hadith, classical and contemporary fiqh literature, fatwas, and relevant scholarly publications. The findings reveal that the majority of contemporary Muslim scholars permit organ transplantation under strict conditions, namely medical necessity (ḍarūrah), voluntary donor consent, the absence of serious harm to the donor, and the prohibition of any commercial motive. Organ donation from deceased individuals is also considered permissible, provided prior consent or family authorization exists and the dignity of the deceased is respected. Conversely, the commercialization and sale of human organs are categorically prohibited because they violate the principles of human dignity (karāmat al-insān), justice, and the objectives of Islamic law (maqāṣid al-sharī‘ah). The study concludes that organ transplantation is compatible with Islamic law when conducted within ethical and legal boundaries aimed at preserving human life (ḥifẓ al-nafs). Therefore, stronger legal regulation, public education, and collaboration between medical professionals and Islamic scholars are essential to ensure that transplantation practices remain consistent with Islamic ethical principles.
Co-Authors Arya Farhan Azizi S. Chaisya Aliffah Siswoyo Eviana Sagala Nasyfah Salsabila Harahap Regita Angraini Lubis Syifatul Zuhra Wahdaniah Sitorus Yulia