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Confidentiality In The Arbitration Process And Its Implications For Legal Transparency 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

Abstract

This paper examines the application of the confidentiality principle in arbitration and its implications for legal transparency. Arbitration, as an alternative dispute resolution mechanism, emphasizes efficiency, procedural flexibility, and the protection of parties’ interests, with confidentiality serving to safeguard sensitive information, trade secrets, and corporate strategies. Using a qualitative descriptive-analytical approach, data were collected through literature studies, including legislation, arbitration rules, awards, and academic sources. The research was conducted systematically in several stages: identification of issues, collection of secondary data, qualitative analysis through thematic coding, and formulation of conclusions and recommendations. The findings indicate that while confidentiality ensures secure dispute resolution and protects business interests, it can hinder transparency, limit public access to legal information, and create uncertainty for third parties. Legal mechanisms, such as judicial oversight and anonymized award publications, alongside digital security measures, are essential to balance confidentiality and transparency. These approaches contribute to the development of consistent, accountable, and modern arbitration practices.
The Concept of Bughat as a Political Crime in Islam Chifa Azyana Adly meknesya; Nia Amelia Suhada Dalimunthe; Siti Kholizah; M. Abdillah; Rahman Al Fauzi Siregar
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.v3i1.1327

Abstract

This paper examines the concept of bughat as a form of political crime within Islamic law and its relevance to contemporary governance. The study is motivated by the enduring concern of Islamic jurisprudence for political stability, public security, and communal unity, particularly in responding to acts of rebellion against legitimate authority. Employing a normative legal research method, the study analyzes classical fiqh literature, Qur’anic verses, Prophetic traditions, and contemporary Islamic legal scholarship. The research stages include doctrinal analysis, contextual interpretation, and comparison between classical and modern perspectives. The findings demonstrate that bughat is not limited to armed rebellion but encompasses organized actions aimed at undermining legitimate authority and social order. The discussion highlights the legal, social, and political implications of bughat, emphasizing proportional enforcement, restorative justice, and the protection of public welfare (maṣlaḥah). Ultimately, the study concludes that the concept of bughat remains relevant as an ethical–juridical framework for maintaining political stability, preventing radicalism, and supporting just and democratic governance in modern contexts.
Confidentiality In The Arbitration Process And Its Implications For Legal Transparency 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

Abstract

This paper examines the application of the confidentiality principle in arbitration and its implications for legal transparency. Arbitration, as an alternative dispute resolution mechanism, emphasizes efficiency, procedural flexibility, and the protection of parties’ interests, with confidentiality serving to safeguard sensitive information, trade secrets, and corporate strategies. Using a qualitative descriptive-analytical approach, data were collected through literature studies, including legislation, arbitration rules, awards, and academic sources. The research was conducted systematically in several stages: identification of issues, collection of secondary data, qualitative analysis through thematic coding, and formulation of conclusions and recommendations. The findings indicate that while confidentiality ensures secure dispute resolution and protects business interests, it can hinder transparency, limit public access to legal information, and create uncertainty for third parties. Legal mechanisms, such as judicial oversight and anonymized award publications, alongside digital security measures, are essential to balance confidentiality and transparency. These approaches contribute to the development of consistent, accountable, and modern arbitration practices.