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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
Eka Putra Zakran
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Pembaruan Hukum Pidana dalam Perspektif Perlindungan Korban: Studi Kritis Terhadap Penguatan Hak Korban dalam Undang-Undang No. 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana Eka Putra Zakran; Budi Sastra Panjaitan; Arifuddin Muda Harahap
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 3 (2025): 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.v4i3.5993

Abstract

The reform of criminal law in Indonesia through Law No. 1 of 2023 concerning the Criminal Code (KUHP) marks an important paradigm shift in the criminal justice system, especially related to the protection of victims of crimes. So far, the orientation of the Criminal Code of colonial heritage has emphasized more on the perpetrators of crimes, while victims are often positioned passively and marginalized. This article aims to critically examine the extent to which Law No. 1 of 2023 strengthens the rights of victims, both in material and procedural aspects. With a normative juridical approach and an analysis of the new norms in the National Criminal Code, this article finds that a number of provisions, such as the victim's right to restitution, participation in judicial proceedings, and identity protection, reflect a greater recognition of the interests of the victim. However, in practice, there are still implementation challenges, including limitations in the mechanism for the implementation of these rights, as well as potential inequalities in access to justice. Therefore, it is necessary to strengthen derivative regulations, socialization, and synergy between law enforcement agencies to ensure that victim protection runs effectively and fairly.
From Usul Fiqh to Modern Islamic Legal Theory: The Transformation of Legal Discovery Methodology in the Islamic Intellectual Tradition Eka Putra Zakran; Maya Surya
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.v3i1.1476

Abstract

The development of modern society has given rise to increasingly complex legal issues, thus demanding reforms in the methodology for discovering Islamic law. In the classical Islamic intellectual tradition, ushul fiqh serves as the primary methodological framework for understanding and establishing law derived from the Qur'an and Sunnah. This study aims to analyze the transformation of the methodology for discovering law from the classical ushul fiqh framework to the development of modern Islamic legal theory within the Islamic intellectual tradition. This study employed library research with historical and normative approaches. Data were obtained through a review of classical ushul fiqh literature and the works of modern Islamic legal thinkers. The historical approach was used to trace the development of the methodology for establishing law within the Islamic tradition, while the normative approach was used to analyze methodological concepts in Islamic legal theory and their relevance to contemporary issues. The results show that classical ushul fiqh developed a methodology for discovering law oriented toward textual analysis of the sources of revelation and the use of legal analogy as a rational instrument in expanding the scope of law. However, the complexity of modern issues has given rise to criticism of the limitations of this approach. In the development of contemporary thought, modern Islamic legal theory seeks to integrate the maqasid al-shariah approach, the principle of benefit, and social analysis as a more contextual methodological framework in the process of legal discovery. This study concludes that the transformation of legal discovery methodology within the Islamic tradition is a process of intellectual evolution aimed at maintaining the relevance of Islamic law in the face of changing times. Therefore, the development of Islamic legal methodology needs to continue to be directed towards integrating normative principles of sharia with analysis of the social realities of modern society.
The Dynamics of Islamic Legal Epistemology: The Transformation of the Ijtihad Method from the Classical to the Contemporary Era Eka putra zakran; Maya Surya
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.v3i1.1473

Abstract

This research is based on the dynamics of the development of Islamic legal thought, which shows that the ijtihad method has continuously changed along with the social and intellectual development of Muslims. Since the early days of Islam, law has been understood not only as a textual norm but also as the result of a reasoning process aimed at safeguarding human welfare. Therefore, understanding the history of Islamic legal epistemology is crucial to see how the ijtihad method has evolved from the classical to the contemporary era in response to the challenges of the times. This research aims to analyze the transformation of Islamic legal epistemology and examine the development of the ijtihad method from the classical period, the medieval period, to the modern era. This research uses a qualitative approach with library research methods. Data were obtained from classical books on ushul fiqh, works of Islamic legal thinkers, and contemporary academic literature discussing the epistemology of Islamic law. The analysis is conducted using historical and conceptual approaches to trace the development of ijtihad methodology and the paradigm shift in Islamic legal thought. The results show that during the classical period, the foundations of Islamic legal epistemology were formed through the systematization of ushul fiqh formulated by scholars, particularly Imam al-Syafi'i. During the medieval period, the development of legal thought experienced a phase of school of thought consolidation, marked by the strengthening of the practice of taqlid (religious taqlid) and the emergence of debates regarding the closure of the door to ijtihad. Meanwhile, in the modern era, various attempts to reconstruct the ijtihad method emerged through the maqasid al-shariah approach, legal contextualization, and the thoughts of figures such as Fazlur Rahman and Yusuf al-Qaradawi. This research concludes that Islamic legal epistemology is dynamic and adaptive to changing times. Therefore, the development of contemporary Islamic law needs to integrate a textual approach, maqasid al-shariah, and an understanding of social reality to ensure ijtihad remains relevant in addressing the issues of modern society.
From Usul Fiqh to Modern Islamic Legal Theory: The Transformation of Legal Discovery Methodology in the Islamic Intellectual Tradition Eka Putra Zakran; Maya Surya
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.v3i1.1476

Abstract

The development of modern society has given rise to increasingly complex legal issues, thus demanding reforms in the methodology for discovering Islamic law. In the classical Islamic intellectual tradition, ushul fiqh serves as the primary methodological framework for understanding and establishing law derived from the Qur'an and Sunnah. This study aims to analyze the transformation of the methodology for discovering law from the classical ushul fiqh framework to the development of modern Islamic legal theory within the Islamic intellectual tradition. This study employed library research with historical and normative approaches. Data were obtained through a review of classical ushul fiqh literature and the works of modern Islamic legal thinkers. The historical approach was used to trace the development of the methodology for establishing law within the Islamic tradition, while the normative approach was used to analyze methodological concepts in Islamic legal theory and their relevance to contemporary issues. The results show that classical ushul fiqh developed a methodology for discovering law oriented toward textual analysis of the sources of revelation and the use of legal analogy as a rational instrument in expanding the scope of law. However, the complexity of modern issues has given rise to criticism of the limitations of this approach. In the development of contemporary thought, modern Islamic legal theory seeks to integrate the maqasid al-shariah approach, the principle of benefit, and social analysis as a more contextual methodological framework in the process of legal discovery. This study concludes that the transformation of legal discovery methodology within the Islamic tradition is a process of intellectual evolution aimed at maintaining the relevance of Islamic law in the face of changing times. Therefore, the development of Islamic legal methodology needs to continue to be directed towards integrating normative principles of sharia with analysis of the social realities of modern society.
Transformation of the Authority of Religious Courts in the Indonesian Judicial System Eka putra zakran; Maya Surya
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.v3i1.1478

Abstract

The Religious Courts are a key institution in the Indonesian judicial system, handling specific cases for Muslims, including marriage, inheritance, waqf, and Sharia-compliant economic disputes. Along with national social and legal developments, the authority of the Religious Courts has undergone significant transformation, reflecting the adaptation of Islamic law to contemporary needs. This study aims to analyze the history of the formation, development, and implications of strengthening the authority of the Religious Courts over Islamic law in Indonesia. The method used is normative legal research with a statutory, historical, and conceptual approach, through a literature review of laws, Supreme Court regulations, academic literature, and primary sources of Islamic law. The results show that the authority of the Religious Courts has expanded from handling family and inheritance cases to encompass the management of waqf and the resolution of Sharia-compliant economic disputes, including Sharia-compliant banking transactions and business contracts. This transformation affirms the legitimacy of Islamic law within the national system, expands public access to justice, enhances the professionalism of judges, and generates relevant contemporary Islamic legal precedents. In conclusion, strengthening the authority of the Religious Courts not only increases the effectiveness of the institution in upholding Sharia principles but also strengthens the integration of Islamic law into the national legal system. Research recommendations emphasize the need to improve the capacity of judges, harmonize Islamic and national legal regulations, and develop digital mechanisms and Sharia-based mediation to expand Religious Court services effectively and fairly.
Co-Authors Arifuddin Muda Harahap Budi Sastra Panjaitan Maya Surya