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All Journal AT-TAFAHUM: Journal of Islamic Law Jurnal CENDIKIA ISNU Jurnal Cendikia ISNU SU
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Kejaksaan Negeri Tebing Tinggi
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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Reconceptualizing Adultery Regulation in Indonesia: A Comparative Analysis of Hudud under Aceh Qanun Jinayat and the National Criminal Code Danang Dermawan; Mhd Yadi Harahap
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.v3i1.1314

Abstract

The regulation of the crime of adultery in Indonesian law shows that there is a fundamental difference between Qanun Aceh Number 6 of 2014 concerning the Jinayat Law and Law Number 1 of 2023 concerning the Criminal Code. These differences are not only related to the formulation of delicacies, but also reflect the difference in legal paradigm between Islamic criminal law which emphasizes the protection of public morals and national criminal law which is oriented towards the protection of private rights and human rights. This condition raises juridical problems related to consistency, legal certainty, and limits of state authority in regulating the sexual behavior of citizens. This study aims to analyze and compare the conception of adultery, the nature of delicacy, the mechanism of proof, and the orientation of punishment in Qanun Jinayat and the National Criminal Code. This study uses normative legal research methods with legislative, conceptual, and comparative approaches. Legal materials are obtained through literature studies of laws and regulations, Islamic legal sources, and relevant legal literature, then analyzed qualitatively and prescriptively. The results of the discussion show that Qanun Jinayat views adultery as a hudud jarimah with theological and social dimensions, so that it can be processed without complaints and applies very strict evidentiary standards as a form of prudence. The National Criminal Code places adultery as an absolute complaint with a modern evidentiary system, which emphasizes the orientation to the protection of family privacy and honor. This study concludes that the difference in the regulation of adultery reflects the plurality of Indonesian criminal law and demands the harmonization of criminal law policies to be in harmony with religious values, human rights, and the principles of the modern state of law.
Reconceptualizing Adultery Regulation in Indonesia: A Comparative Analysis of Hudud under Aceh Qanun Jinayat and the National Criminal Code Danang Dermawan; Mhd Yadi Harahap
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.v3i1.1314

Abstract

The regulation of the crime of adultery in Indonesian law shows that there is a fundamental difference between Qanun Aceh Number 6 of 2014 concerning the Jinayat Law and Law Number 1 of 2023 concerning the Criminal Code. These differences are not only related to the formulation of delicacies, but also reflect the difference in legal paradigm between Islamic criminal law which emphasizes the protection of public morals and national criminal law which is oriented towards the protection of private rights and human rights. This condition raises juridical problems related to consistency, legal certainty, and limits of state authority in regulating the sexual behavior of citizens. This study aims to analyze and compare the conception of adultery, the nature of delicacy, the mechanism of proof, and the orientation of punishment in Qanun Jinayat and the National Criminal Code. This study uses normative legal research methods with legislative, conceptual, and comparative approaches. Legal materials are obtained through literature studies of laws and regulations, Islamic legal sources, and relevant legal literature, then analyzed qualitatively and prescriptively. The results of the discussion show that Qanun Jinayat views adultery as a hudud jarimah with theological and social dimensions, so that it can be processed without complaints and applies very strict evidentiary standards as a form of prudence. The National Criminal Code places adultery as an absolute complaint with a modern evidentiary system, which emphasizes the orientation to the protection of family privacy and honor. This study concludes that the difference in the regulation of adultery reflects the plurality of Indonesian criminal law and demands the harmonization of criminal law policies to be in harmony with religious values, human rights, and the principles of the modern state of law.
Consumer Dispute Resolution Danang Dermawan
AT-TAFAHUM: Journal of Law Vol 10, No 1 (2026)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v10i1.30967

Abstract

Consumer disputes arise when consumers suffer losses due to violations of their rights by business actors in the provision of goods and services. Although litigation remains a formal mechanism for dispute resolution, court proceedings are often considered time-consuming, costly, and less effective in maintaining the relationship between the disputing parties. Consequently, Indonesian consumer protection law recognizes non-litigation dispute resolution as an alternative mechanism that emphasizes efficiency, fairness, and consensus. This study aims to examine the implementation of non-litigation consumer dispute resolution in Indonesia and to analyze the role of the Consumer Dispute Settlement Agency (Badan Settlement Disputes Consumer/BPSK) in resolving disputes between consumers and business actors. The research employs a normative juridical method using a statutory and conceptual approach. Data were collected through library research by analyzing legislation, legal doctrines, and relevant scholarly literature concerning consumer protection and alternative dispute resolution. The findings indicate that BPSK serves as a specialized institution authorized to resolve consumer disputes through mediation, arbitration, and conciliation. These mechanisms provide several advantages, including faster procedures, lower costs, confidentiality, procedural flexibility, and the preservation of harmonious relationships between the parties. The study further reveals that BPSK plays a significant role in ensuring access to justice for consumers while promoting legal certainty and encouraging business actors to conduct their commercial activities responsibly. Nevertheless, the effectiveness of non-litigation dispute resolution remains dependent upon the willingness of the parties to participate in good faith and comply with the resulting agreements or decisions. Therefore, strengthening the institutional capacity of BPSK and increasing public awareness of consumer rights are essential to enhancing the effectiveness of consumer protection in Indonesia.
Co-Authors Mhd Yadi Harahap