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All Journal Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) Jurnal CENDIKIA ISNU ISNU Nine-Star Multidisciplinary Journal (INS9MJ) Jurnal Sahabat ISNU SU Jurnal Cendikia ISNU SU
Khairuddin Hasibuan
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RUU KUHAP: Tantangan dan Harmonisasi antara Asas Due Process of Law dan Criminal Justice System di Indonesia Khairuddin Hasibuan; Budi Sastra Panjaitan; Arifuddin Muda Harahap
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 3 No. 2 (2024): Juli : JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v3i2.6023

Abstract

The renewal of the Criminal Procedure Code (KUHAP) through the Draft Law (RUU) KUHAP opens up space for in-depth philosophical reflection on the relationship between law, justice, and humanity. This article examines the challenges of harmonizing the principle of due process of law, which emphasizes respect for individual rights in every legal process, with the criminal justice system, which is oriented towards efficiency and the purpose of punishment. This harmony is not only a technical and normative matter, but also a matter of shared understanding of what is meant by justice in the context of a more humane and human rights-based criminal justice system. Using a philosophical legal perspective, this article explores the potential for conflict and convergence between the two principles, and seeks common ground within the framework of Pancasila legal values ​​and Islamic law that prioritize humanity, substantive justice, and a balance between individual rights and the public interest. The renewal of the RUU KUHAP, in this context, is not merely a structural change, but a journey towards a legal system that guarantees the depth of justice, which is not only seen from a procedural perspective, but also from the moral and social essence of the law itself.
Reconstruction of the Theory of Legal Authority in Islam: Dialectics between Revelation, Reason, and Social Reality Abdul Rahman; Muhammad Sopyan; Khairuddin Hasibuan
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Januari
Publisher : ISNU Sumatera Utara

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

Abstract

This study discusses the reconstruction of the theory of legal authority in Islam by examining the interaction between revelation, reason, and social reality. The background of the research arises from the need to understand Islamic law as a normative system derived from revelation, but also must be responsive to the dynamics of modern society. The study aims to analyze the construction of the theory of legal authority in Islam and examine how revelation, rationality, and social context interact in the formation of law. The method used is qualitative research with a library research approach, combining historical and conceptual analysis. Data sources include classical literature on ushul fiqh, contemporary Islamic legal thought, the Qur'an, Hadith, and related academic documents. The analysis is conducted critically, comparatively, and dialectically to examine the relationship between the normative principles of revelation, the role of reason in ijtihad, and the influence of social reality. The results show that revelation functions as a normative and ethical foundation, reason plays a methodological instrument through qiyas, istihsan, and maslahah to interpret law according to context, and social reality encourages legal adaptation through contextual ijtihad. Contemporary thought emphasizes a reconstruction of law that balances the authority of texts with the needs of modern society, with the maqasid al-shariah and collective deliberation as guiding principles. In conclusion, Islamic law is dynamic and adaptive, capable of maintaining the legitimacy of revelation while remaining relevant to contemporary challenges. The research recommends developing a holistic approach that integrates revelation, reason, and social reality, strengthens collective ijtihad, and ensures Islamic law remains relevant, responsive, and just.
The History of the Struggle between Rationalism and Traditionalism in Islamic Thought: A Study of the Dialectic of the Mu'tazilah and Ahl al-Sunnah Abdul Rahman; Muhammad Sopyan; Khairuddin Hasibuan
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1472

Abstract

The history of Islamic thought demonstrates an intellectual dynamic characterized by debates between rationalism and traditionalism in understanding religious teachings. One of the most significant forms of this struggle is the dialectic between the Mu'tazilah, who emphasized the role of reason in interpreting revelation, and the Ahl al-Sunnah, who placed the authority of the revealed text as the primary foundation of Islamic theology. This study aims to analyze the historical background of the emergence of Mu'tazilah rationalism, its theological principles, and the Sunni theological responses formulated by Abu al-Hasan al-Ash'ari and Abu Mansur al-Maturidi in the context of the development of Islamic thought. This study uses a qualitative method with a historical approach and analysis of the thoughts of figures through a bibliography of classical and modern literature in the field of Islamic theology. The results show that the emergence of the Mu'tazilah was not only influenced by internal theological debates among Muslims, but also by political dynamics and intellectual developments during the Abbasid period that opened up space for interaction with philosophical traditions. The principles of Mu'tazilite rationalism formulated in al-Uṣūl al-Khamsah emphasize the importance of reason in understanding God's oneness and justice, while the Ahl al-Sunnah response seeks to balance rationality with the authority of revelation through a more moderate theological formulation. The dialectic between these two schools of thought ultimately made a significant contribution to the development of theology and the formation of the Islamic intellectual tradition. Therefore, a study of this intellectual struggle can serve as a reflective foundation for understanding the relationship between revelation and rationality in the development of Islamic thought, while also opening up a space for dialogue for the development of Islamic theological studies in the contemporary era.
Reconstruction of the Theory of Legal Authority in Islam: Dialectics between Revelation, Reason, and Social Reality Abdul Rahman; Muhammad Sopyan; Khairuddin Hasibuan
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Januari
Publisher : ISNU Sumatera Utara

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

Abstract

This study discusses the reconstruction of the theory of legal authority in Islam by examining the interaction between revelation, reason, and social reality. The background of the research arises from the need to understand Islamic law as a normative system derived from revelation, but also must be responsive to the dynamics of modern society. The study aims to analyze the construction of the theory of legal authority in Islam and examine how revelation, rationality, and social context interact in the formation of law. The method used is qualitative research with a library research approach, combining historical and conceptual analysis. Data sources include classical literature on ushul fiqh, contemporary Islamic legal thought, the Qur'an, Hadith, and related academic documents. The analysis is conducted critically, comparatively, and dialectically to examine the relationship between the normative principles of revelation, the role of reason in ijtihad, and the influence of social reality. The results show that revelation functions as a normative and ethical foundation, reason plays a methodological instrument through qiyas, istihsan, and maslahah to interpret law according to context, and social reality encourages legal adaptation through contextual ijtihad. Contemporary thought emphasizes a reconstruction of law that balances the authority of texts with the needs of modern society, with the maqasid al-shariah and collective deliberation as guiding principles. In conclusion, Islamic law is dynamic and adaptive, capable of maintaining the legitimacy of revelation while remaining relevant to contemporary challenges. The research recommends developing a holistic approach that integrates revelation, reason, and social reality, strengthens collective ijtihad, and ensures Islamic law remains relevant, responsive, and just.
Compilation of Islamic Law as a Product of State Ijtihad: Analysis of its Position and Implementation in the Indonesian Legal System Abdul Rahman; Muhammad Sopyan; Khairuddin Hasibuan
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1479

Abstract

This study examines the Compilation of Islamic Law (KHI) as a product of state ijtihad and analyzes its position and implementation in the Indonesian legal system. The background of this study is the need for harmonization between sharia norms and national law, amidst the complexity of modern society that demands legal certainty and substantive justice. The objectives of the study are to examine the position of the KHI in the national legal hierarchy, assess the effectiveness of its implementation in Religious Courts, and identify criticisms and challenges that arise in the context of contemporary social and legal developments. This study uses a normative legal research method with a statutory and conceptual approach through a literature review of laws and regulations, Islamic legal literature, fatwas of scholars, and related academic documents. The analysis is conducted descriptively and qualitatively to assess the position, relevance, and adaptability of the KHI in judicial practice. The results show that the KHI occupies a strategic position as an instrument for harmonizing Islamic law with national law, providing uniform guidelines for judges, and ensuring legal certainty. The implementation of the KHI has succeeded in delivering substantive justice through contextual interpretation, despite facing challenges from social change, human rights, and modern family dynamics. Critics of the KHI emphasize the need for text adaptation, socialization, and periodic revision to maintain its relevance. In conclusion, the KHI serves as a living legal instrument, integrating sharia principles, legal certainty, and societal interests. The study recommends regular evaluation, capacity building for judges, and contextual interpretation mechanisms to ensure the KHI remains effective and responsive to the needs of modern society.
Co-Authors Abdul Rahman Arifuddin Muda Harahap Budi Sastra Panjaitan Muhammad Sopyan