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Response of Women Activists To the Implementation of the Mayor of Banda Aceh's Instructions NO. 2 of 2015 Manswab Mahsen Abdulrahman; Rafiqa Rafiqa
AT-TAFAHUM: Journal of Law Vol 1, No 2 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Based on the theory of social construction, justice, Women in Development (WID) and Women and Development (WID). This paper tends to responses of women activists againts the mayor of Banda Aceh Instructions no 2 yers 2015. sources of data obtained through legal research are empirical. Through data analysis and discussion, research shows that (1) The results of responses of women activists in Banda Aceh contributed to broaden understanding of the gender perspective of Islamic sharia in Aceh is KKTGA organization, disagree with the imposition of hours of night work for women, because it obstructs women's profession, and the violence is not outside but at home. Aceh GeRAK organization disagrees with the reasons enough that rule does not need to be applied because of existing tradition. Different from the organization LKBHuWK even agrees with the premise of maintaining the dignity of women. According to KKTGA that Islamic syari'at is a gender perspective rather difficult to implement in Aceh for Acehnese understand the law only written in the Qanun. (2) This case, these three organizations to criticize the wisdom do not need to be restricted, the law sharply upwards and downwards blunt need evaluation, and must have their own consciousness. (3) Three of these organizations provide solutions including Islamic law should be firm, more attention to small communities and active in socializing any regulations made.

Legal Certainty for E-Commerce Transactions as an Effort to Increase Potential State Revenue in the Taxation Sector Hisam Ahyani; Manswab Mahsen Abdulrahman
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 2 (2024): SEPTEMBER 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i2.106

The development of information technology has driven the growth of e-commerce transactions significantly in Indonesia. However, the rapid growth of e-commerce transactions has also created new challenges in terms of legal certainty and tax collection. Although the government has issued several regulations related to e-commerce, there are still legal loopholes that hinder the optimization of state revenues in the taxation sector. This study aims to analyze the legal certainty of e-commerce transactions as an effort to increase the potential for state tax revenues. The research method used is normative juridical, with a statutory, conceptual, and comparative approach. Research data were collected through literature studies and document analysis involving laws and regulations related to tax and e-commerce, including the Taxation Law, Regulations of the Minister of Finance, and relevant international regulations. The analysis focused on the legal certainty of e-commerce transactions and their implications for state tax revenues. The results of the study indicate that despite regulatory efforts, there is still legal uncertainty caused by the lack of harmonization between tax regulations and e-commerce regulations. This results in difficulties in identifying tax objects, tax subjects, and collection mechanisms. In order to increase the potential for state revenues, steps are needed to strengthen legal certainty, including regulatory updates, increasing cooperation between related institutions, and e-commerce actors and the public. The conclusion of this study emphasizes the importance of legal certainty in e-commerce transactions to support the optimization of state revenues in the taxation sector. Suggestions given include the need for regulatory harmonization, the use of technology to facilitate tax collection, and stricter supervision of digital transactions. Thus, it is hoped that the potential for state revenues from the e-commerce sector can be maximized.

The Impact of the Covid-19 Pandemic on the Increase in Insurance Claims in Indonesia: An Empirical Study on BPJS Employment Rheny Windi Nabila; Zayyan Tsabitah Panjaitan; Fikri Maulana Matullesy; Aldris Mulya Putra; Manswab Mahsen Abdulrahman
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i3.927

The Covid-19 pandemic has caused multidimensional pressure on the employment social security system in Indonesia, especially on the increase in claims for BPJS Employment benefits. The surge in Covid-19 cases has a direct impact on the increase in the number of layoffs, the decrease in worker income, and the increased risk of health and death. This condition encourages participants to disburse social security benefits to meet basic living needs. This study aims to analyze the impact of the Covid-19 pandemic on the increase in insurance claims at BPJS Ketenagakerjaan and its implications for the sustainability of social security fund management. The research method used is normative juridical with a legislative and conceptual approach, supported by secondary data in the form of official documents, annual reports, and scientific literature related to employment social security. The results of the study show that at the beginning of the pandemic, Old Age Security (JHT) and Pension Security (JP) claims experienced a significant increase due to mass layoffs. Furthermore, in 2021, claims for Death Insurance (JKM) and Work Accident Insurance (JKK) also increased in line with the high mortality rate and occupational risk. This study concludes that BPJS Ketenagakerjaan needs to strengthen the readiness of liquid funds and develop a digital service system to face similar crises in the future and ensure the sustainability of social protection for workers.

Strengthening Harmonious Islam Through a Philological Approach Manswab Mahsen Abdulrahman; Defri Ramadani
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.v9i2.21367

Indonesia possesses an extensive cultural heritage, one of the most valuable forms of which is its collection of ancient manuscripts. These manuscripts preserve historical, religious, legal, literary, and cultural knowledge that reflects the intellectual development of the Indonesian archipelago, particularly the spread and evolution of Islam Nusantara. However, many of these manuscripts are currently threatened by physical deterioration, inadequate preservation, and limited scholarly attention. This study aims to examine the scope of Nusantara manuscripts, explain the concept and significance of the philological approach, and describe the procedures of philological research in preserving and interpreting ancient texts. This research employs a qualitative method through observation, interviews, and literature review to analyze manuscript preservation practices and relevant archival regulations. The findings reveal that Nusantara manuscripts, written in various local languages and scripts such as Malay, Javanese, Pegon, and Arabic, constitute an invaluable source of knowledge covering religion, history, law, politics, medicine, customs, and other disciplines. Philology plays a crucial role in restoring, transliterating, authenticating, and interpreting these manuscripts to ensure their textual accuracy and historical reliability. Furthermore, philological studies contribute significantly to safeguarding Indonesia's cultural heritage, strengthening the identity of Islam Nusantara, and providing reliable primary sources for interdisciplinary research in history, law, sociology, anthropology, and religious studies. Therefore, the philological approach is indispensable not only for manuscript preservation but also for promoting a deeper understanding of Indonesia's rich intellectual and cultural traditions.

Reconstruction of the Theory of Legal Authority in Islam: A Dialectic between Revelation, Reason, and Social Reality Manswab Mahsen Abdulrahman; Abdul Rahman; Muhammad Sopyan; Khairuddin Hasibuan
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1475

This study reconstructs the theory of legal authority in Islam by examining the dialectical relationship between revelation, reason, and social reality as the three fundamental epistemological pillars of Islamic legal formation. The study is motivated by the inadequacy of classical hierarchical models of legal authority to fully explain contemporary legal challenges arising from technological advancement, globalization, and increasing social complexity. Accordingly, the research aims to develop a reconstructed theoretical framework that explains how Islamic legal authority is generated through the dynamic interaction of divine revelation, rational interpretation, and empirical social context. This research employs a qualitative library research method using historical, philosophical, and conceptual approaches. Primary sources include the Qur'an, Hadith, classical works of uṣūl al-fiqh, and contemporary scholarship on Islamic legal theory, which are analyzed through critical, comparative, and dialectical methods. The findings demonstrate that revelation remains the supreme source of normative legitimacy, reason functions as the epistemological mechanism for legal interpretation through qiyās, istiḥsān, and maṣlaḥah, while social reality serves as an empirical dimension that continuously shapes contextual legal reasoning through ijtihād. Beyond reaffirming these traditional roles, this study proposes a reconstructed Triadic Dialectical Authority Model, in which legal authority emerges from the continuous interaction among normative legitimacy, rational coherence, and contextual responsiveness rather than from a purely hierarchical relationship. This model offers a theoretical contribution by redefining Islamic legal authority as a dynamic epistemological system capable of preserving the primacy of revelation while remaining adaptive to contemporary legal and societal transformations. The study concludes that the future development of Islamic jurisprudence requires an integrative approach that strengthens collective ijtihād, interdisciplinary engagement, and maqāṣid al-sharī'ah-oriented legal reasoning to ensure both normative authenticity and practical relevance.

Reconstruction of the Theory of Legal Authority in Islam: A Dialectic between Revelation, Reason, and Social Reality Manswab Mahsen Abdulrahman; Abdul Rahman; Muhammad Sopyan; Khairuddin Hasibuan
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1475

This study reconstructs the theory of legal authority in Islam by examining the dialectical relationship between revelation, reason, and social reality as the three fundamental epistemological pillars of Islamic legal formation. The study is motivated by the inadequacy of classical hierarchical models of legal authority to fully explain contemporary legal challenges arising from technological advancement, globalization, and increasing social complexity. Accordingly, the research aims to develop a reconstructed theoretical framework that explains how Islamic legal authority is generated through the dynamic interaction of divine revelation, rational interpretation, and empirical social context. This research employs a qualitative library research method using historical, philosophical, and conceptual approaches. Primary sources include the Qur'an, Hadith, classical works of uṣūl al-fiqh, and contemporary scholarship on Islamic legal theory, which are analyzed through critical, comparative, and dialectical methods. The findings demonstrate that revelation remains the supreme source of normative legitimacy, reason functions as the epistemological mechanism for legal interpretation through qiyās, istiḥsān, and maṣlaḥah, while social reality serves as an empirical dimension that continuously shapes contextual legal reasoning through ijtihād. Beyond reaffirming these traditional roles, this study proposes a reconstructed Triadic Dialectical Authority Model, in which legal authority emerges from the continuous interaction among normative legitimacy, rational coherence, and contextual responsiveness rather than from a purely hierarchical relationship. This model offers a theoretical contribution by redefining Islamic legal authority as a dynamic epistemological system capable of preserving the primacy of revelation while remaining adaptive to contemporary legal and societal transformations. The study concludes that the future development of Islamic jurisprudence requires an integrative approach that strengthens collective ijtihād, interdisciplinary engagement, and maqāṣid al-sharī'ah-oriented legal reasoning to ensure both normative authenticity and practical relevance.

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