Garuda - Garba Rujukan Digital

Legal Responsibility of Arbitrators and Arbitration Institutions in Cancelling Arbitration Awards Khairunnisa Siregar; Najwa Fadila; Nabila Putri Aulia; Randy Harahap; Mhd Imran Pradipta
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.v3i1.1253

The annulment of an arbitration award in Indonesia is an exceptional legal mechanism and is strictly regulated in Article 70 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (AAPS Law). Although an arbitration award is final and binding, annulment can be carried out if forged documents, concealed decisive documents, or a decision born of deception are found. The submission mechanism is carried out in writing to the District Court within 30 days of the registration of the award, with supporting evidence. Arbitrators and arbitration institutions enjoy legal immunity, but liability can arise if there is a serious violation of the integrity of the process. This study discusses the legal basis for annulment, the forms of accountability of arbitrators and arbitration institutions, the submission mechanism, and the legal consequences of annulment of an award, to provide a comprehensive understanding of legal protection and legal certainty in arbitration.

Analysis Of Islamic Law On Bank Interest: Comparison Of The Concepts Of Usury And Modern Banking Khairunnisa Siregar; Fitra Ardiansyah
AT-TAFAHUM: Journal of Islamic Law Vol 5, No 2 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v5i2.29203

This study aims to analyze bank interest from a muamalah jurisprudence perspective by examining conceptual aspects, its application in the modern banking system, its comparison with usury, and the views of classical and contemporary Islamic scholars. The method used is normative legal research with a conceptual and analytical approach to Islamic legal sources and related literature. The results of the study indicate that bank interest in the conventional banking system functions as a return on deposits and a fee for loans, which are legally permissible. However, from a classical Islamic jurisprudence perspective, bank interest is viewed as identical to usury, which is prohibited because it contains additional elements without fair compensation. Meanwhile, contemporary Islamic scholars have more varied views, with some continuing to prohibit bank interest, while others permit it under certain conditions based on considerations of emergency and public interest. These differing views demonstrate the dynamics of ijtihad in responding to developments in the modern economic system. Therefore, a comprehensive understanding and development of the Islamic financial system as an alternative that aligns with Islamic principles is necessary.

Regulation of Workers Rights and Obligations in Labor Law Khairunnisa Siregar; Alya Aisya
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.v7i1.29179

This study examines the provisions regarding workers' rights and obligations as stipulated in the Manpower Law as a basis for establishing fair and balanced employment relationships. This research is motivated by various employment practices that are detrimental to workers, including inappropriate wage payments, excessive working hours, and suboptimal social security coverage. This situation emphasizes the importance of understanding legal provisions that regulate the proportional status of workers and employers. The purpose of this study is to analyze the forms of regulation of workers' rights and obligations in legislation and their impact on legal certainty in employment relationships. The method used is normative legal research with a legislative and conceptual approach, conducted through a literature review of primary, secondary, and tertiary legal materials. The research stages include collecting legal materials, categorizing legal norms, and systematic analysis of relevant provisions. The results show that the Manpower Law has regulated various workers' rights, such as the right to a decent wage, regulation of working hours and rest periods, protection of occupational safety and health, and employment social security. In addition, workers are also obligated to perform their work in accordance with their employment agreement, comply with company regulations, and maintain a professional attitude in the work environment. These regulations are expected to foster harmonious working relationships, prevent industrial disputes, and enhance legal protection for both workers and employers.

The Dynamics of Enforcement of State Administrative Law through the PTUN in Realizing Good Governance in Indonesia Khairunnisa Siregar; Livia Maylisandi
AT-TAFAHUM: Journal of Islamic Law Vol 4, No 2 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v4i2.29140

The enforcement of state administrative law (PTUN) is a crucial element in realizing good governance and ensuring the implementation of the principles of the rule of law as mandated by the 1945 Constitution. This study aims to analyze in depth the concept of PTUN, its implementation mechanisms, factors that influence its effectiveness, as well as obstacles and innovative solutions in the Indonesian context. A normative juridical approach is used by reviewing legal literature, laws and regulations such as Law No. 30 of 2014 concerning State Administration and Law No. 5 of 1986 concerning PTUN (as amended), as well as state administrative law doctrine. The results of the study reveal that PTUN is not limited to the imposition of administrative sanctions alone, but includes preventive dimensions (prevention through education), corrective (improvement of procedures), and repressive (action through the courts). The main mechanisms include the application of general principles of good governance (AUPB) such as legality, proportionality, and legitimate trust, the legitimate use of discretionary authority, orderly administrative procedures, and legal remedies through the State Administrative Court (PTUN) and supervisory institutions such as the Ombudsman. However, in practice, these challenges face serious obstacles, such as low legal awareness among state civil servants (ASN) and the public, overlapping regulations between laws, a weak internal-external oversight system, and structural corruption that undermines institutional independence. External factors such as disparities in regional resources also exacerbate the situation. Therefore, strategic solutions are proposed in the form of regulatory harmonization through revisions to the omnibus law, increasing ASN professionalism through ongoing training, transparency in public services through digital platforms, and strengthening the role of civil society and the media in participatory oversight. With this implementation, the PTUN is expected to create a transparent, accountable, responsive, and just government, in line with the vision of Golden Indonesia 2045.

Prevention Effortsonline Gambling Crimes Among Students of the State Islamic University of North Sumatra According to the Views of Law Lecturers of the Faculty of Sharia and Law Khairunnisa Siregar; Nazwa Sabrina Naslim
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 1 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i1.29052

This study aims to analyze efforts to prevent the increasingly widespread crime of online gambling among students based on the perspectives of law lecturers at the Faculty of Sharia and Law. The rapid development of digital technology and internet accessibility has contributed to the rising prevalence of online gambling activities, particularly among young people and university students. This phenomenon poses serious concerns due to its negative consequences on academic performance, financial stability, mental health, and social behavior. The study highlights various adverse impacts of online gambling, including cheating, exploitation, fraud, addiction, and involvement in criminal activities. Furthermore, it examines the factors influencing the effectiveness of prevention and eradication efforts, encompassing legal regulations, law enforcement mechanisms, socio-cultural conditions, community participation, educational awareness, and supporting infrastructure. This research employs a qualitative approach by exploring the views and legal perspectives of lecturers specializing in law and Islamic legal studies. The findings reveal that strengthening legal awareness, improving law enforcement, enhancing digital literacy, and promoting preventive education among students are essential strategies in combating online gambling practices. The implementation of positive law and criminal law enforcement is considered crucial in creating deterrent effects and protecting students from the harmful influence of online gambling. In addition, collaboration between educational institutions, families, government agencies, and society is necessary to develop comprehensive prevention measures. This study is expected to contribute as a reference for policymakers and educational institutions, particularly within the State Islamic University of North Sumatra, in formulating effective policies and strategies to prevent online gambling crimes among students and foster a safer academic environment.

Customs Of Wages in the Implementation of Marriages for the Community of Tanjungbalai City According to the Perspective of Islamic Law Khairunnisa Siregar; Khairul Fahmi Simangunsong
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 2 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

The purpose of this research is to know how wages are in marriage tradition on society of Tanjungbalai citizens, the value, and the answers of ulama on wage-upah tradition. This research uses the qualitative method. This research is in Tanjungbalai. The data collecting technique uses documentation, interviews and observation. Data analysis technique uses theme and formulate working hypothesis and analyze based on working hypothesis. Data source uses primary source and secondary source. The results of research show that the action of wages in marriage tradition on citizens of Tanjungbalai was carried out through several steps, they are; peace be upon on tahmid, tasykir and takhtim speech (first), peace be upon using shalawat on Muhammad SAW (second) the value in wage-upah is suggestion to couple marriage to keep strong unity in the family, keep namely of family beyond on the couple marriage, keep namely of neighbors, brothers and the group community around, wage-upah has closed of worship to the God (Allah SWT), and has normative values and local wisdom value. According to Ulama of Fikih about wage-upah has been divided into two ideas, according to Hanafi Fikih, many laws based on traditional culture, because many expressions common by al-Ma'ruf 'urfan ka al-Masyruth Syarthán, wa al-Tsabit bil 'urf ka al-Tsabit bi al-Nash (well done based on tradition similar to the value with conditions must be filled and well done on tradition with the value on nash. This is called by qawlun qodím.Besides of Hanafi fiqh, (Shafi'iyah, Hanbali and Maliki schools) all Ulama decided together that 'urf ṣaḥīḥ (in Qawlun Jadid) can be formed by hujjah along it's never be contradicted with syara' Ulama Malikiyah was familiar because of their statement that Ulama Madinah can be formed into Hujjah, and this is based on culture (norm tradition), as is culture done by citizen of Tanjungbalai in marriage using wages.

Title

Found 6 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 6 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 6 Documents
Search