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Legal Analysis of Changes to Social Security Regulations for Workers in the Job Creation Law Arsyad Riski Pratama Siregar; Faiz Putra Ramadhan Lubis; Wenni Nahdiani Tanjung; Suci Hidayati Malau; Siti Kholizah
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.v2i2.813

The provisions regarding social security for workers, previously regulated by Law No. 40 of 2004 concerning the National Social Security System and Law No. 24 of 2011 concerning the Social Security Administering Body, have been significantly amended by Law No. 11 of 2020 concerning Job Creation. The purpose of this study is to examine these normative changes from a legal perspective, focusing on their impact on the defense of workers' rights. Normative legal research employs legislative and intellectual approaches. Through a literature review of laws and regulations, court decisions, and legal documents, data is analyzed qualitatively. According to the study, the modifications outlined in the Job Creation Law, particularly those related to the unemployment insurance program, could result in a loss of legal certainty and a decline in workers' social security standards. Furthermore, the concepts of social justice and legal certainty are questioned by the introduction of more flexible social security in the context of investment interests. Therefore, to ensure that social protection for workers is maintained within the context of national economic development, it is necessary to strengthen its derivative legislation and implement a strict oversight system.

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.

Confidentiality in Arbitration and the Limits of Legal Transparency: Reassessing the Balance Between Private Autonomy and Public Accountability Azka Rayyani; Fitria Mukhtar Siregar; M. Abdillah; Suci Hidayati Malau; Raja Muda Pahlevi Siregar
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.v3i1.1308

The increasing reliance on arbitration as a mechanism for resolving commercial disputes has reinforced the importance of confidentiality as one of its defining characteristics. While confidentiality protects commercial interests, trade secrets, and sensitive business information, its extensive application has generated growing concerns regarding legal transparency, judicial accountability, and public access to legal reasoning. This study examines the legal relationship between confidentiality and transparency in arbitration and evaluates the extent to which these competing principles can be reconciled within the Indonesian arbitration framework. Employing normative legal research with statutory, conceptual, and comparative approaches, the study analyzes Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution alongside international arbitration instruments, institutional rules, and relevant legal scholarship. The findings demonstrate that confidentiality should not be regarded as an absolute principle but rather as a proportional legal mechanism whose application must be balanced against broader interests of legal certainty, public accountability, and the development of arbitration jurisprudence. Although confidentiality remains essential for protecting commercial privacy and preserving business confidence, excessive secrecy may hinder legal development, restrict access to legal information, and weaken the legitimacy of arbitral dispute resolution. Accordingly, limited judicial supervision, controlled disclosure through anonymized arbitral awards, and strengthened digital information security provide an appropriate balance between commercial confidentiality and legal transparency. This study contributes to arbitration scholarship by proposing a proportional interpretation of confidentiality that preserves commercial autonomy while accommodating transparency where required by public interest, judicial accountability, and the coherent development of arbitration law.

The Relevance of the Concept of Hirabah to Organized Crime and Modern Terrorism Hairul Anam; Ahmad Rifai Yoga; Nadilah Andini; Wenni Nahdiani Tanjung; Suci Hidayati Malau
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1325

This study examines the relevance of the concept of hirābah in Islamic criminal law to contemporary organized crime and terrorism. Historically, hirābah addresses acts of open violence that threaten public security, instill fear, and disrupt social order, with sanctions aimed at protecting life, property, and communal stability. Using a normative legal research method with a qualitative approach, the study analyzes classical fiqh texts, contemporary scholarship, and comparative legal frameworks to explore the elements, characteristics, and objectives of hirābah. The findings reveal substantial conceptual alignment between classical hirābah and modern forms of collective violence, as both involve deliberate acts that destabilize society and generate widespread fear. However, contemporary crimes exhibit complex ideological, transnational, and technological dimensions requiring normative adaptation. The study concludes that while hirābah provides a valuable legal and sociological framework, its application to modern criminality necessitates contextual reconstruction, integrating Islamic jurisprudence with national and international legal systems for effective prevention, deterrence, and public security.

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.

Confidentiality in Arbitration and the Limits of Legal Transparency: Reassessing the Balance Between Private Autonomy and Public Accountability Azka Rayyani; Fitria Mukhtar Siregar; M. Abdillah; Suci Hidayati Malau; Raja Muda Pahlevi Siregar
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.v3i1.1308

The increasing reliance on arbitration as a mechanism for resolving commercial disputes has reinforced the importance of confidentiality as one of its defining characteristics. While confidentiality protects commercial interests, trade secrets, and sensitive business information, its extensive application has generated growing concerns regarding legal transparency, judicial accountability, and public access to legal reasoning. This study examines the legal relationship between confidentiality and transparency in arbitration and evaluates the extent to which these competing principles can be reconciled within the Indonesian arbitration framework. Employing normative legal research with statutory, conceptual, and comparative approaches, the study analyzes Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution alongside international arbitration instruments, institutional rules, and relevant legal scholarship. The findings demonstrate that confidentiality should not be regarded as an absolute principle but rather as a proportional legal mechanism whose application must be balanced against broader interests of legal certainty, public accountability, and the development of arbitration jurisprudence. Although confidentiality remains essential for protecting commercial privacy and preserving business confidence, excessive secrecy may hinder legal development, restrict access to legal information, and weaken the legitimacy of arbitral dispute resolution. Accordingly, limited judicial supervision, controlled disclosure through anonymized arbitral awards, and strengthened digital information security provide an appropriate balance between commercial confidentiality and legal transparency. This study contributes to arbitration scholarship by proposing a proportional interpretation of confidentiality that preserves commercial autonomy while accommodating transparency where required by public interest, judicial accountability, and the coherent development of arbitration law.

Application of Ta'zir Punishment for Perpetrators of Corruption in the Perspective of Islamic Criminal Law Zaki Azmi Daffa; Alfiko Gio Pratama; Abdurrasyid Karim; Rayhan Nandini Telaumbanua; Suci Hidayati Malau
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i3.938

Corruption is an extraordinary crime that causes great losses to state finances, damages social order, and erodes public trust. In Indonesia's positive law, corruption has been regulated in detail through various laws. However, a normative approach alone is not enough to provide a deterrent effect on the perpetrators. Therefore, Islamic law as a legal system rich in moral values and substantive justice offers an alternative approach through the concept of ta'zir punishment. This study aims to examine how the application of ta'zir punishment can be relevant and effective against corrupt perpetrators in the perspective of Islamic criminal law. The method used is normative legal research with a conceptual and historical approach. Data was obtained through literature studies on primary sources of Islamic law such as the Qur'an, hadith, and fiqh books, and also through analysis of positive legal regulations in Indonesia. The results of the study show that corruption in Islamic law can be categorized as jarimah ta'zir, so that the form and degree of punishment can be determined by the competent authorities. The punishment of ta'zir is flexible and can be in the form of imprisonment, fines, restitution of property, and social or administrative punishment. The principles of justice and benefit contained in ta'zir are considered to be able to provide a deterrent effect while encouraging moral reform of the perpetrators. This concept is relevant to be integrated into the national legal system in terms of values and ethics.

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