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All Journal AT-TAFAHUM: Journal of Islamic Law Jurnal Sahabat ISNU SU AT-TAFAHUM: Journal of Law
Ending Solehudin
Sunan Gunung Djati State Islamic University, Bandung
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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Changes in Malay Traditional Law From A Sociological and Legal Anthropological Perspective Ending Solehudin; Yovani Zela
AT-TAFAHUM: Journal of Law Vol 4, No 2 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v4i2.29164

Abstract

This study aims to analyze changes in Malay customary law from the perspectives of legal sociology and legal anthropology, and to identify the factors influencing these changes. Malay customary law, as living law, is a system of norms that grows and develops within society, regulating various aspects of life such as marriage, inheritance, and social relations. Over time, customary law has undergone transformation due to the influence of Islam, colonialism, modernization, and globalization. This study uses a deductive method with a normative approach based on a review of relevant literature and legal materials. The research results show that Malay customary law has undergone both normative and socio-cultural shifts. From a legal sociology perspective, these changes are influenced by the dynamics of social structures and the dominance of state law, often resulting in customary law being subordinate to positive law. Meanwhile, from a legal anthropology perspective, these changes occur due to transformations in values, lifestyles, and cultural interactions within the community. Nevertheless, Malay customary law remains a cultural identity that continues to adapt to the needs of modern society. Thus, changes in Malay customary law represent a form of adaptation to changing times, but also pose challenges in maintaining the continuity of traditional values. Therefore, synergistic efforts between the community, government, and customary institutions are needed to preserve the existence of customary law in national legal life.
Cyberbullying In the Perspective of Islamic Criminal Law Ending Solehudin; Mukhlis Akbar Ramadhani; Adinda Putri Hutabarat; Alwi Almisky Munthe
Jurnal Sahabat ISNU SU Vol. 1 No. 3 (2024): ISNU Sahabat Desember 2024
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v1i3.507

Abstract

The rapid development of information and communication technology has significantly transformed patterns of social interaction while simultaneously giving rise to new forms of crime, including cyberbullying. Cyberbullying has become a serious legal issue due to its detrimental effects on victims' psychological well-being, personal dignity, and reputation. Although Indonesia has enacted Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 on Electronic Information and Electronic Transactions (ITE Law), the regulation does not explicitly define cyberbullying as a distinct criminal offense but addresses related acts such as defamation, threats, extortion, and intimidation committed through electronic media. This study aims to analyze the legal regulation of cyberbullying under the ITE Law and examine its legal consequences from the perspective of Islamic criminal law. This research employs a normative juridical method with a descriptive-analytical approach based on statutory, conceptual, and literature studies. The findings indicate that cyberbullying constitutes a form of cybercrime involving electronic media to threaten, intimidate, humiliate, or damage another person's reputation. Under Indonesian positive law, perpetrators may be prosecuted under several provisions of the ITE Law and the Criminal Code depending on the nature of the offense. From the perspective of Islamic criminal law, cyberbullying is categorized as a ta'zir offense because no specific punishment is prescribed in the Qur'an or Hadith. Consequently, the determination of sanctions is left to the discretion of the legitimate authority (ulil amri) to ensure justice, public order, and the protection of individual honor. The study concludes that both Indonesian positive law and Islamic criminal law share the same objective of protecting human dignity and preventing harm caused by cyberbullying, despite adopting different legal approaches to determining criminal sanctions.  
Changes in Malay Traditional Law From A Sociological and Legal Anthropological Perspective Ending Solehudin; Yovani Zela
AT-TAFAHUM: Journal of Law Vol 4, No 2 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v4i2.29164

Abstract

This study aims to analyze changes in Malay customary law from the perspectives of legal sociology and legal anthropology, and to identify the factors influencing these changes. Malay customary law, as living law, is a system of norms that grows and develops within society, regulating various aspects of life such as marriage, inheritance, and social relations. Over time, customary law has undergone transformation due to the influence of Islam, colonialism, modernization, and globalization. This study uses a deductive method with a normative approach based on a review of relevant literature and legal materials. The research results show that Malay customary law has undergone both normative and socio-cultural shifts. From a legal sociology perspective, these changes are influenced by the dynamics of social structures and the dominance of state law, often resulting in customary law being subordinate to positive law. Meanwhile, from a legal anthropology perspective, these changes occur due to transformations in values, lifestyles, and cultural interactions within the community. Nevertheless, Malay customary law remains a cultural identity that continues to adapt to the needs of modern society. Thus, changes in Malay customary law represent a form of adaptation to changing times, but also pose challenges in maintaining the continuity of traditional values. Therefore, synergistic efforts between the community, government, and customary institutions are needed to preserve the existence of customary law in national legal life.
Co-Authors Adinda Putri Hutabarat Alwi Almisky Munthe Mukhlis Akbar Ramadhani Yovani Zela