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All Journal AT-TAFAHUM: Journal of Islamic Law ISNU Nine-Star Multidisciplinary Journal (INS9MJ) Jurnal Sahabat ISNU SU
Aicha Azdina Adly Fesya
International Open University kanifing Gambia
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 1 
The Principle of Justice in Unilateral Termination of Employment: A Critical Legal Analysis of the Job Creation Law Ahmad Baqi; Aicha Azdina Adly Fesya
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 2 (2025): ISNU Nine Star September 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i2.812

Abstract

Unilateral termination of employment (PHK) has become a crucial issue in the dynamics of the Indonesian labor market, particularly following the enactment of Law Number 11 of 2020 concerning Job Creation. This study aims to analyze the principle of justice in the practice of unilateral layoffs through a critical legal approach. This approach is used to examine whether the provisions of the Job Creation Law reflect substantive justice for workers or actually strengthen the dominance of employer interests. The research method used is normative juridical with a statutory and conceptual approach, and qualitative analysis. The results show that although the Job Creation Law claims to provide flexibility in industrial relations, in practice it has the potential to weaken legal protection for workers experiencing unilateral layoffs. Therefore, a more balanced policy formulation is needed so that the principle of justice can truly be realized in the employment relationship between employers and employees.
Comparison of Fund Management Systems in Conventional Insurance and Sharia Insurance Aicha Azdina Adly Fesya; Salsabilla Hamdi; Larasati Ritonga; Zaldy Ichsan Febrian; Ilham Soleh Tanjung
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Mei 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1249

Abstract

Insurance is a crucial instrument in the financial system, serving as a means of risk management. In Indonesia, insurance practices have developed into two main systems: conventional insurance and sharia insurance, which differ fundamentally, particularly in fund management. This article aims to compare fund management systems in conventional and sharia insurance, based on a review of previous research, laws and regulations, and relevant literature. The research method used is library research with a qualitative descriptive approach. The results indicate that fund management in conventional insurance is based on the principle of risk transfer, with a system of pooling premiums owned by the company, and investment management that potentially contains elements of riba, gharar, and maisir. Meanwhile, sharia insurance applies the principle of risk sharing through tabarru' and tijarah contracts, with the separation of participant funds from company funds, and investment management that must comply with sharia principles. Furthermore, differences in fund management are also reflected in the underwriting surplus mechanism and oversight by the Sharia Supervisory Board. Thus, it can be concluded that the fund management system in Islamic insurance has more transparent characteristics and is oriented towards the principles of justice and mutual assistance, in contrast to conventional insurance which is oriented towards company profits.  
The Challenges of Copyright Protection in the Digital Age: Between Innovation and Piracy Aicha Azdina Adly Fesya; Asfrianda Mulia NST; Akbar Rayfades; Mu’ammar Rafsanjany; Awal Diwangga
Jurnal Sahabat ISNU SU Vol. 2 No. 3 (2025): ISNU Sahabat Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1256

Abstract

The development of digital technology has brought significant changes in the patterns of creation, distribution, and consumption of creative works. While the digital era encourages innovation and ease of access to intellectual works, it also increases copyright infringement practices such as digital piracy. This situation poses serious challenges for the copyright legal protection system, particularly in maintaining a balance between protecting the interests of creators and the public interest. This study aims to analyze the challenges of copyright protection in the digital era and examine legal remedies that can be taken to address piracy practices. The research method used is normative juridical research with a statutory and conceptual approach, through a review of copyright-related laws and regulations and relevant legal literature. The research stages include collecting primary and secondary legal materials, normative analysis, and drawing deductive conclusions. The results indicate that weak law enforcement, low public legal awareness, and technological developments that are faster than regulations are the main factors contributing to the rise of digital piracy. Therefore, strengthening regulations, increasing public legal literacy, and synergy between the government, creative industry players, and digital platforms are needed to create an effective and equitable copyright protection system in the digital era.
Schools In the Fatwa of the National Sharia Council of the Indonesian Ulama Council (Analysis of Mudharabah, Musyarakah and Murabahah) Aicha Azdina Adly Fesya; Acme Admira Arafah
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (785.931 KB) | DOI: 10.7006/attafahum.v2i1.5101

Abstract

There are different types of mazhab adopted in the Fatwa of DSN-MUI related to musharaka, mudaraba and murabaha. In the fatwa of the DSN-MUI on Musharaka, both in terms of material content and applicative, if observed substantially, it tends more towards Hanafi's madhhab. However, the DSN-MUI fatwas about Mudharabah were different, the DSN-MUI fatwa is mostly to be taken and agreed on a legal basis by Syafi'i as its fatwa. While the DSN-MUI fatwa on Murabaha, the legal basis and the determination substance of the fatwa material, more relies on the same proportion as the four madzhab known so far. Thus, in giving the DSN fatwa to be implemented in Indonesia, the Indonesian Council of Ulama's had to refer to the various madhhab. Although there are several provisions that are adapted to the conditions of the times, still fatwas do not violate the general rules that have been submitted by the first madhhab.
Combating Cyber Crime From The Perspective Of Islamic Criminal Law Aicha Azdina Adly Fesya; Rizky Zaidan Ketaren
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i2.29084

Abstract

This article aims to analyze the concept of cybercrime prevention from the perspective of Islamic criminal law and examine its relevance to the development of modern digital crime. The research method used is normative legal research with a conceptual approach and a legislative approach. The data used consists of primary, secondary, and tertiary legal materials analyzed qualitatively. The results of the study indicate that although cybercrime is not explicitly recognized in classical Islamic criminal law literature, the basic principles of jarimah, particularly in the category of ta'zir, can be used to qualify various forms of cybercrime.
Brawling From the Perspective of Positive Criminal and Islamic Criminal Aicha Azdina Adly Fesya; Khaidar Damanik
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 1 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i1.29076

Abstract

Crime is an unlawful act that violates legal norms and may result in criminal sanctions, including violations of the human right to security as guaranteed by the 1945 Constitution of Indonesia. Criminal law functions to regulate prohibited acts and impose sanctions on perpetrators. From an Islamic perspective, the Qur’an emphasizes values of brotherhood, peace, justice, and prohibits conflicts or disputes without legitimate reasons. This study aims to analyze the resolution of brawls from the perspectives of positive law and Islamic law. The research employs a normative juridical method using a literature study approach by examining laws, regulations, legal doctrines, and Islamic legal sources related to juvenile delinquency and criminal acts involving brawls. The findings indicate that the handling of brawls, which generally involve children and adolescents, requires special protection in accordance with applicable laws and regulations. Such protection includes humane treatment, the provision of legal assistance, safeguarding children’s rights during legal proceedings, and avoiding excessive or severe punishment. In addition, restorative and preventive approaches are considered important in addressing juvenile involvement in brawls. The study also highlights that the effectiveness of resolving brawls is influenced by the role of law enforcement officers, family supervision, educational institutions, and public legal awareness. Therefore, collaboration among these parties is necessary to prevent and reduce the occurrence of brawls while promoting justice, protection, and social harmony.
Legal Protection for Insured Persons in the Life Insurance Claim Process at Insurance Companies Experiencing Bankruptcy Aicha Azdina Adly Fesya; Elsa Mahriani Pasaribu; Adel Nazwa Sipa Sinaga; Wardiatul Hasanah Siregar; Irani Adwiyah Rambe4
Jurnal Sahabat ISNU SU Vol. 1 No. 1 (2024): ISNU Sahabat Mei 2024
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v2i3.907

Abstract

Life insurance plays a significant role in providing financial protection against risks arising from death, disability, or other unforeseen events. However, the increasing number of cases involving insurance companies failing to fulfill their obligations to policyholders has raised serious concerns regarding legal protection, particularly when insurance companies face insolvency or bankruptcy. This study aims to analyze the legal responsibilities of life insurance companies in fulfilling policyholder claims and to examine the legal protection available to policyholders when insurance companies become bankrupt. This research employs a normative legal research method by examining primary and secondary legal materials, including statutory regulations, legal doctrines, and relevant literature. The findings indicate that a life insurance agreement constitutes a legally binding contract based on the principles of consensus, good faith, and reciprocal obligations between the insurer and the insured. Pursuant to Law Number 40 of 2014 concerning Insurance, insurance companies are legally obligated to maintain solvency and fulfill claim payments in accordance with policy provisions. In bankruptcy proceedings, policyholders are granted the status of preferred creditors, giving them priority over ordinary creditors in the distribution of bankruptcy assets. Nevertheless, practical implementation remains problematic due to weak regulatory supervision, limited public legal awareness, administrative obstacles in claim settlements, and the absence of a policy guarantee institution comparable to the Deposit Insurance Corporation in the banking sector. Therefore, stronger regulatory enforcement, improved supervision by the Financial Services Authority (OJK), greater public legal education, and the establishment of an insurance policy guarantee mechanism are necessary to ensure effective legal protection for policyholders and to strengthen public confidence in Indonesia's life insurance industry.
Co-Authors Acme Admira Arafah Adel Nazwa Sipa Sinaga Ahmad Baqi Akbar Rayfades Asfrianda Mulia NST Awal Diwangga Elsa Mahriani Pasaribu Ilham Soleh Tanjung Irani Adwiyah Rambe4 Khaidar Damanik Larasati Ritonga Mu’ammar Rafsanjany Rizky Zaidan Ketaren Salsabilla Hamdi Wardiatul Hasanah Siregar Zaldy Ichsan Febrian