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Contract Termination from a Civil Law Perspective: A Review of Mechanisms, Types, and Legal Implications Alfi Syahrin Niza Raja Rambe; Fauzan Lubis; Muhammad Mikail Harahap; Khairunnisa Siregar
Jurnal Cendikia ISNU SU Vol. 1 No. 3 (2024): Vol 1. No 3 Des 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.837

This study examines the deposit agreement in two legal systems applicable in Indonesia, namely the Civil Code (KUHPerdata) and the Compilation of Sharia Economic Law (KHES). The deposit agreement is a form of trust between the owner of the goods and the recipient of the deposit that has legal consequences. This study uses a normative juridical method with a comparative legal approach to analyze the similarities and differences in the provisions of the deposit in both legal systems. The results show that the Civil Code regulates the deposit of goods in Book III Chapter XI Articles 1694-1739, while the KHES regulates it in Chapter XIV concerning Wadi'ah. Both systems have similarities in terms of the obligation of the recipient of the deposit to maintain and return the goods in their original condition, but there are fundamental differences in the aspect of providing compensation and the responsibilities of the recipient of the deposit. The Civil Code allows for deposit with payment, while the KHES regulates wadi'ah as a tabarru' contract that is mutual in nature. This study contributes to a comprehensive understanding of the legal dualism of deposit in Indonesia that can be used as a reference in business practices and dispute resolution.

The Influence Of Mathematical Critical Thinking Skills: Motivation, Learning Model, And Learning Style Khairunnisa Siregar
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 1 (2024): Vo.1 No.1 May 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i2.101

This study aims to examine the influence of motivation, learning models, and learning styles on students' mathematical critical thinking skills. Critical thinking is an essential skill in mathematics, as it helps students solve complex problems by applying logical reasoning and analysis. The importance of motivation, appropriate learning models, and personalized learning styles is crucial to fostering critical thinking abilities in students. The research uses a normative juridical approach, focusing on the relationship between educational norms and the application of different learning strategies. Data is collected through literature review, analyzing previous studies, educational policies, and theoretical frameworks related to motivation, learning models, and learning styles. The descriptive qualitative method was employed to interpret and analyze the data. The results reveal that motivation plays a significant role in enhancing critical thinking skills. Students with higher motivation levels tend to perform better in mathematical reasoning and problem-solving. Moreover, the choice of learning models impacts the development of students' critical thinking skills. Problem-based learning models, for instance, engage students in real-world problem-solving activities, thereby enhancing their mathematical reasoning abilities. Furthermore, accommodating students’ individual learning styles is essential for optimizing their critical thinking potential. Visual learners, for example, may excel in analyzing diagrams and charts, while auditory learners might benefit from verbal explanations. In conclusion, the findings suggest that motivation, learning models, and learning styles are all significant factors that influence students' mathematical critical thinking skills. Educators should focus on creating an engaging learning environment that fosters motivation, employs diverse learning models, and adapts to different learning styles to enhance students' critical thinking abilities in mathematics. These efforts will lead to improved academic performance and better problem-solving skills among students.

Contract Termination from a Civil Law Perspective: A Review of Mechanisms, Types, and Legal Implications Alfi Syahrin Niza Raja Rambe; Fauzan Lubis; Muhammad Mikail Harahap; Khairunnisa Siregar
Jurnal Cendikia ISNU SU Vol. 1 No. 3 (2024): Vol 1. No 3 Des 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.837

This study examines the deposit agreement in two legal systems applicable in Indonesia, namely the Civil Code (KUHPerdata) and the Compilation of Sharia Economic Law (KHES). The deposit agreement is a form of trust between the owner of the goods and the recipient of the deposit that has legal consequences. This study uses a normative juridical method with a comparative legal approach to analyze the similarities and differences in the provisions of the deposit in both legal systems. The results show that the Civil Code regulates the deposit of goods in Book III Chapter XI Articles 1694-1739, while the KHES regulates it in Chapter XIV concerning Wadi'ah. Both systems have similarities in terms of the obligation of the recipient of the deposit to maintain and return the goods in their original condition, but there are fundamental differences in the aspect of providing compensation and the responsibilities of the recipient of the deposit. The Civil Code allows for deposit with payment, while the KHES regulates wadi'ah as a tabarru' contract that is mutual in nature. This study contributes to a comprehensive understanding of the legal dualism of deposit in Indonesia that can be used as a reference in business practices and dispute resolution.

Reconstructing Judicial Authority in the Annulment of Arbitral Awards: Between Finality and Substantive Justice Khairunnisa Siregar; Arifuddin Muda Harahap; Suci Hidayati Malau; Raja Muda Pahlevi Siregar; Ahmad Yasin Dongoran
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.v3i1.1304

This study examines the annulment of arbitral awards within the Indonesian legal system as an extraordinary legal remedy that lies at the intersection of arbitral autonomy, the principle of finality, and the pursuit of substantive justice. The research is motivated by the persistent tension between the final and binding character of arbitral awards and the necessity of judicial intervention to address awards affected by fundamental procedural defects. Employing normative legal research, this study adopts statutory, conceptual, and comparative approaches. Legal materials are collected through library research and analyzed using descriptive, systematic, and prescriptive legal reasoning. The findings reveal that Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution confines annulment to three narrowly defined procedural grounds document forgery, newly discovered decisive evidence, and fraud thereby excluding judicial review of the substantive merits of arbitral awards. Nevertheless, judicial practice demonstrates inconsistent interpretations that occasionally expand the scope of annulment beyond its statutory limits, resulting in judicial overreach and weakening the final and binding nature of arbitration. This study argues that the legitimacy of annulment should be understood as a procedural safeguard rather than a mechanism for substantive review and proposes a Balanced Annulment Doctrine, under which judicial intervention is justified only to preserve procedural integrity while respecting arbitral autonomy. The study concludes that maintaining a proportionate balance between legal certainty, minimum judicial intervention, and substantive justice is essential to strengthening the credibility of arbitration and enhancing Indonesia's legal certainty in commercial dispute resolution.

Reconstructing Judicial Authority in the Annulment of Arbitral Awards: Between Finality and Substantive Justice Khairunnisa Siregar; Arifuddin Muda Harahap; Suci Hidayati Malau; Raja Muda Pahlevi Siregar; Ahmad Yasin Dongoran
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.v3i1.1304

This study examines the annulment of arbitral awards within the Indonesian legal system as an extraordinary legal remedy that lies at the intersection of arbitral autonomy, the principle of finality, and the pursuit of substantive justice. The research is motivated by the persistent tension between the final and binding character of arbitral awards and the necessity of judicial intervention to address awards affected by fundamental procedural defects. Employing normative legal research, this study adopts statutory, conceptual, and comparative approaches. Legal materials are collected through library research and analyzed using descriptive, systematic, and prescriptive legal reasoning. The findings reveal that Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution confines annulment to three narrowly defined procedural grounds document forgery, newly discovered decisive evidence, and fraud thereby excluding judicial review of the substantive merits of arbitral awards. Nevertheless, judicial practice demonstrates inconsistent interpretations that occasionally expand the scope of annulment beyond its statutory limits, resulting in judicial overreach and weakening the final and binding nature of arbitration. This study argues that the legitimacy of annulment should be understood as a procedural safeguard rather than a mechanism for substantive review and proposes a Balanced Annulment Doctrine, under which judicial intervention is justified only to preserve procedural integrity while respecting arbitral autonomy. The study concludes that maintaining a proportionate balance between legal certainty, minimum judicial intervention, and substantive justice is essential to strengthening the credibility of arbitration and enhancing Indonesia's legal certainty in commercial dispute resolution.

Worker Protection in the Gig Economy: Reformulating Indonesian Labor Law through Positive and Islamic Law Perspectives Ending Solehudin; Khairunnisa Siregar
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1953

The development of the gig economy based on digital platforms creates work flexibility, but at the same time creates uncertainty about the legal status and worker protection gap in the Indonesian labor system. This study aims to analyze the adequacy of Indonesia's positive laws in protecting gig economy workers and formulate a legal reformulation model based on the perspective of positive law and Islamic law. The research uses normative legal methods with legislative, conceptual, comparative, and Islamic law approaches. Legal materials are analyzed qualitatively and prescriptively to identify legal gaps and formulate more adaptive legal constructions. Research shows that formal status-based protection approaches are inadequate because platform control takes place through algorithms, incentive systems, ratings, job distribution, and deactivation. Reformulation needs to use substantive indicators in the form of control, economic dependency, risk, and the factual character of the employment relationship. The principles of 'adl, ijarah, maslahah, ḥifẓ al-māl, and ḥifẓ al-nafs reinforce the orientation of these protections. The layered protection model is more relevant than the binary classification of workers and partners. Indonesia needs to establish a work platform regulatory framework that guarantees fair remuneration, portable social security, occupational safety, algorithmic transparency, data protection, and access to justice by taking into account the development of ILO Convention No. 193 of 2026.

Worker Protection in the Gig Economy: Reformulating Indonesian Labor Law through Positive and Islamic Law Perspectives Ending Solehudin; Khairunnisa Siregar
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1953

The development of the gig economy based on digital platforms creates work flexibility, but at the same time creates uncertainty about the legal status and worker protection gap in the Indonesian labor system. This study aims to analyze the adequacy of Indonesia's positive laws in protecting gig economy workers and formulate a legal reformulation model based on the perspective of positive law and Islamic law. The research uses normative legal methods with legislative, conceptual, comparative, and Islamic law approaches. Legal materials are analyzed qualitatively and prescriptively to identify legal gaps and formulate more adaptive legal constructions. Research shows that formal status-based protection approaches are inadequate because platform control takes place through algorithms, incentive systems, ratings, job distribution, and deactivation. Reformulation needs to use substantive indicators in the form of control, economic dependency, risk, and the factual character of the employment relationship. The principles of 'adl, ijarah, maslahah, ḥifẓ al-māl, and ḥifẓ al-nafs reinforce the orientation of these protections. The layered protection model is more relevant than the binary classification of workers and partners. Indonesia needs to establish a work platform regulatory framework that guarantees fair remuneration, portable social security, occupational safety, algorithmic transparency, data protection, and access to justice by taking into account the development of ILO Convention No. 193 of 2026.

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