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All Journal AT-TAFAHUM: Journal of Islamic Law
Hidayah, Nur
Nahdlatul Ulama University of North Sumatra
Arts Humanities

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Correctional Policy and Overcapacity: Alternative Models for Reducing Prison Overcrowding Hidayah, Nur; Triningsih, Intan
AT-TAFAHUM: Journal of Islamic Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v7i2.29350

Abstract

The problem of overcrowding in correctional institutions in Indonesia is a structural issue closely related to the criminal law paradigm, which is still oriented towards imprisonment. Data shows that the number of prison inmates has reached almost twice the ideal capacity, thus disrupting the correctional function, increasing the risk of human rights violations, and decreasing the effectiveness of rehabilitation and social reintegration of prisoners. This study aims to analyze the root causes of overcrowding, evaluate the existing correctional policies, and offer alternative models based on restorative justice and non-imprisonment. Using qualitative methods through a normative juridical approach and policy analysis, this study examines laws and regulations, correctional statistics, and previous research findings. The results show that overcrowding is caused by the dominance of imprisonment, the minimal application of alternative punishments, the imbalance in the officer-to-inmate ratio, and weak coordination between law enforcement agencies. The implementation of restorative justice, supervised criminal justice, social work, and community-based rehabilitation has proven to have significant potential in reducing the number of prison inmates in a sustainable manner. This study recommends reform of correctional policy through the expansion of alternative sentencing options, strengthening institutional capacity, and digitalizing the correctional system as an effort to create a more humane, efficient, and equitable correctional system.
The Essence of Islam: Conceptual Analysis between Aqidah, Sharia, and Morals Hidayah, Nur; Khoiriyah, Himmatul
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.v6i2.29126

Abstract

Islam is a religion with comprehensive teachings that encompass all aspects of human life. The essence of Islam is not only understood as a belief system, but also as a guide to life that integrates three main aspects: aqidah, sharia, and morals. This study aims to conceptually analyze the relationship between these three aspects in forming a comprehensive understanding of Islam. The method used is a literature study with a descriptive-analytical approach to classical and contemporary sources. The results of the study indicate that aqidah is the main foundation in building a Muslim's faith, sharia functions as a rule that guides outward behavior, while morals are the manifestation of Islamic values in everyday life. These three aspects are interrelated and inseparable, as an imbalance between them can lead to a partial understanding of Islam. Therefore, a comprehensive understanding of the essence of Islam is crucial for creating individuals and societies that are faithful, devout, and have noble morals in accordance with the values of Islamic teachings.
Changes in Malay Traditional Law From A Sociological and Legal Anthropological Perspective Hidayah, Nur; Zela, Yovani
AT-TAFAHUM: Journal of Islamic Law Vol 4, No 2 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v4i2.29164

Abstract

This study aims to analyze changes in Malay customary law from the perspectives of legal sociology and legal anthropology, and to identify the factors influencing these changes. Malay customary law, as living law, is a system of norms that grows and develops within society, regulating various aspects of life such as marriage, inheritance, and social relations. Over time, customary law has undergone transformation due to the influence of Islam, colonialism, modernization, and globalization. This study uses a deductive method with a normative approach based on a review of relevant literature and legal materials. The research results show that Malay customary law has undergone both normative and socio-cultural shifts. From a legal sociology perspective, these changes are influenced by the dynamics of social structures and the dominance of state law, often resulting in customary law being subordinate to positive law. Meanwhile, from a legal anthropology perspective, these changes occur due to transformations in values, lifestyles, and cultural interactions within the community. Nevertheless, Malay customary law remains a cultural identity that continues to adapt to the needs of modern society. Thus, changes in Malay customary law represent a form of adaptation to changing times, but also pose challenges in maintaining the continuity of traditional values. Therefore, synergistic efforts between the community, government, and customary institutions are needed to preserve the existence of customary law in national legal life.
Law Enforcement Against Defamation Perpetrators Through Instagram Social Media Hidayah, Nur; Simanjuntak, Annisa Larasati
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i2.29092

Abstract

The rapid development of information and communication technology has significantly influenced social interaction and public communication through digital platforms, including social media such as Instagram. While technological advancement provides many benefits, it also creates opportunities for misuse, including defamation and insults committed through electronic media. Defamation on social media can harm a person’s honor, reputation, and psychological well-being, making it an important legal issue in Indonesia. This study aims to analyze the implementation of criminal sanctions against perpetrators of defamation through Instagram, identify factors inhibiting law enforcement, and examine legal protection provided to victims. This research uses a normative juridical approach with qualitative methods through literature studies by analyzing legislation, legal materials, and court decisions related to defamation and electronic information. The results show that criminal sanctions for defamation through social media are regulated under Article 27 paragraph (3) of the Electronic Information and Transactions Law and several provisions of the Criminal Code concerning defamation and slander. However, the enforcement of these regulations remains constrained by weak law enforcement, limited facilities, inadequate public legal awareness, and challenges in cybercrime investigations. Victims of defamation are entitled to legal protection through complaint mechanisms, witness and victim protection institutions, and content removal procedures within electronic systems. Therefore, stronger law enforcement, improved digital literacy, enhanced cyber investigation capacity, and greater public awareness are necessary to reduce cases of online defamation and ensure legal protection for victims in Indonesia’s digital environment.
Co-Authors Khoiriyah, Himmatul Simanjuntak, Annisa Larasati Triningsih, Intan Zela, Yovani