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INDONESIA
AT-TAFAHUM: Journal of Islamic Law
Published by Universitas Islam Negeri Sumatera Utara
ISSN : -     EISSN : -     DOI : -
Core Subject : Humanities, Art,
Arts Humanities
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Articles 8 Documents
 1 
Search results for , issue "vol 4, no 1 (2020)" : 8 Documents clear
Agrarian Law in Land Dispute Resolution in Indonesia Khotibul Umam; Ismail Halomoan Harahap
AT-TAFAHUM: Journal of Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v4i1.29042

Abstract

Land disputes remain one of the most significant legal issues in Indonesia due to increasing land demand, limited land availability, weak law enforcement, and deficiencies in the land administration system. These disputes create legal uncertainty, hinder social welfare, and negatively affect sustainable development. This study aims to examine the causes of land disputes in Indonesia and analyze appropriate dispute resolution mechanisms from the perspective of Indonesian agrarian law. The research employs a normative juridical (library research) method using statutory and conceptual approaches. Primary legal materials include Law Number 5 of 1960 concerning Basic Agrarian Principles and other relevant regulations, while secondary materials consist of books, scientific journals, and previous studies related to agrarian law and land dispute resolution. The collected legal materials were analyzed qualitatively using a descriptive-analytical method. The findings reveal that land disputes are primarily caused by overlapping land ownership, weak land registration and administration systems, inconsistent implementation of agrarian regulations, limited public legal awareness, and increasing competition over land resources. In addition, disputes frequently arise between individuals, corporations, and government institutions due to conflicting ownership claims and development projects. The study also finds that litigation often requires considerable time and expense and may not provide satisfactory outcomes for all parties. Conversely, mediation and other non-litigation mechanisms offer more effective, efficient, and mutually beneficial solutions by encouraging dialogue, consensus, and the preservation of social relationships. Therefore, strengthening law enforcement, improving land administration through digitalization, enhancing legal awareness, and prioritizing mediation are essential to achieving legal certainty, justice, and sustainable land governance in Indonesia.
Digital Criminal Law Policy: Ethical and Privacy Challenges In the Enforcement of The New Indonesian Criminal Code (Kuhp) On Cybercrime Ahmad Yani Anshori; Adinda Azhari; Dewi Ervina Suryani
AT-TAFAHUM: Journal of Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v4i1.29202

Abstract

The rapid advancement of digital technology has significantly transformed social interactions, economic activities, and legal systems, while simultaneously creating new forms of cybercrime that challenge conventional criminal law. Indonesia has responded to these developments through the enactment of the new Criminal Code (KUHP), which seeks to modernize the national criminal justice system by incorporating provisions relevant to digital offenses. This study aims to analyze Indonesia's digital criminal law policy under the new Criminal Code, with particular emphasis on ethical challenges, privacy protection, and the urgency of cyber legislative reform. This research employs a qualitative normative legal approach using library research methods. The study examines primary legal materials, including the Indonesian Criminal Code, the Electronic Information and Transactions Law (UU ITE), and the Personal Data Protection Law, complemented by secondary sources such as academic journals, books, and legal commentaries. Data were analyzed using a descriptive-analytical and qualitative content analysis approach. The findings reveal that although the new Criminal Code represents an important step toward addressing cybercrime, its implementation remains constrained by overlapping regulations, limited institutional capacity, inadequate digital forensic expertise, and the absence of harmonized legal standards. The study also demonstrates that ethical issues, including digital surveillance, algorithmic accountability, and personal data protection, have become central concerns in enforcing digital criminal law. Furthermore, fragmented legal provisions concerning cybercrime and privacy require comprehensive legislative reform supported by stronger institutional coordination and international cooperation. The study concludes that effective digital criminal policy must integrate legal certainty, technological adaptability, ethical governance, and human rights protection. Strengthening digital literacy, improving law enforcement capacity, and harmonizing cyber legislation are essential to establishing a modern, fair, and sustainable digital criminal justice system capable of addressing contemporary technological challenges.
Public Service Bintang Muhammad Faan Tarigan; Nur Fauzi
AT-TAFAHUM: Journal of Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v4i1.29220

Abstract

Public service is one of the main indicators of the quality of government administration and the fulfillment of basic rights of the people by the state. As public demands for fast, transparent, and quality services increase, the government is required to improve the public service system through the application of good governance principles, bureaucratic reform, and technology-based service innovation. This study aims to analyze the dynamics of public services in the context of modern government administration, specifically the factors that influence service quality and efforts to improve it. The research method used is a qualitative study with a library research approach, with data obtained from accredited national scientific journals, reference books, and relevant official documents from the last five years. The research stages include determining the focus of the study, collecting library materials, and descriptive-analytical data analysis. The results show that the quality of public services is significantly influenced by the application of the principles of transparency, accountability, fairness, and professionalism of the apparatus. In addition, bureaucratic reform, service innovation, strengthening human resource capacity, and the use of digital technology have been proven to increase the effectiveness, efficiency, and public satisfaction with public services. This research is expected to provide theoretical contributions to the development of public administration science and practical recommendations for improving the quality of public services in Indonesia.
Illegal Logging Crimes In Forest Areascriminal Law Muhammad Hendra; Hizra Mariani
AT-TAFAHUM: Journal of Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v4i1.29222

Abstract

This study aims to determine the process of overcoming and handling carried out by the Forestry Police of the Sulawesi Regional Forestry Security and Law Enforcement Center in Handling Illegal Logging Cases. This study uses an empirical juridical research method. The research location is the Sulawesi Regional Forestry Security and Law Enforcement Center. The data sources used are primary data, namely data obtained directly from sources at the research location, secondary data is data obtained through library studies, namely reviewing literature, articles, coverage, and laws and regulations. The data collection techniques used are library research and field research that includes interviews and documentation. The data analysis technique used is quantitative. The results of this study indicate that MB is the owner of the wood as well as a suspect in illegal logging and Rasdin as the publisher of the wood document. In deciding a case, law enforcement should always carry out the mandate of the Republic of Indonesia Law No. 18 of 2013 concerning the prevention and eradication of forest destruction. In addition, law enforcement must be more consistent in this illegal logging, which aims to protect forests. from the destruction and damage to forests and the surrounding environment
The Role of the International Court of Justice in Resolving Disputes Between Countries Abi Dzar Al-Ghifari; Muhammad Rafi Indra Azmi
AT-TAFAHUM: Journal of Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v4i1.29282

Abstract

The International Court of Justice (ICJ) is the principal organ of the United Nations, authorized to peacefully resolve disputes between states. This study aims to analyze in depth the role, function, and effectiveness of the International Court of Justice in resolving international disputes. The research method used is normative legal research with a conceptual approach, legislation, and case studies. The results show that the International Court of Justice has made a significant contribution to maintaining global stability through legal dispute resolution, although it still faces various challenges such as limited jurisdiction and low levels of state compliance with its decisions. Going forward, the International Court of Justice has the opportunity to expand its role in global issues such as environmental disputes, human rights, and maritime conflicts.
MONEY LAUNDERING CRIME Abdullah Jalil
AT-TAFAHUM: Journal of Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v4i1.29035

Abstract

Money laundering is a complex crime that exploits the financial system to disguise the origins of criminal assets. This study aims to analyze the law enforcement mechanisms for money laundering in Indonesia based on Law Number 8 of 2010. The main focus of the study is to review the strategic roles of the Financial Transaction Reports and Analysis Center (PPATK), the Police, and the Prosecutor's Office in the law enforcement chain. Using normative legal research methods, the study results indicate that the effectiveness of money laundering eradication depends on a follow-the-money approach. The PPATK functions as financial intelligence, the Police as the primary investigator, and the Prosecutor's Office as both prosecutor and asset executor. Synergy between these three institutions is crucial to ensuring maximum state asset recovery.
Protection of the Defendant's Human Rights from a Fiqh Perspective (Ta'zir Study and Analysis of Adultery Perpetrators) Hasan Munthe; M Zul Fadhlan Rezeki
AT-TAFAHUM: Journal of Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v4i1.29043

Abstract

This paper examines the protection of the defendant's human rights from the perspective of Islamic jurisprudence (fiqh jinayah) by emphasizing the concept of ta'zīr and linking it to the analysis of adultery perpetrators. Islamic jurisprudence is not solely oriented towards punishment, but also upholds procedural and substantive justice through the application of the presumption of innocence, strict standards of proof, and the principle of proportionality in imposing sanctions. In adultery cases, Islamic law stipulates very strict evidentiary requirements, such as valid confessions or testimony that meets certain criteria, thus providing protection for the defendant from the possibility of wrongful conviction. This study uses a library research method with a normative-analytical approach to primary and secondary sources, including classical fiqh literature and relevant contemporary scientific works. The results of the study indicate that the concept of ta'zīr provides discretionary space for judges to impose sanctions that are educational, preventive, and proportional, especially when the elements of hudūd are not met in adultery cases. This discretion allows the judge to consider social conditions, the level of guilt, and the interests of the accused, so that Islamic jurisprudence not only functions as an instrument of law enforcement, but also as a means of protecting human dignity in line with the principles of human rights.
Implementation of the Basic Principles of State Administrative Justice in Ensuring Legal Certainty in Indonesia Darwin Wibowo Sihombing; Fitri Amanda Hasibuan
AT-TAFAHUM: Journal of Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v4i1.29348

Abstract

The State Administrative Court (PTUN) plays an important role in the Indonesian legal system as a means of legal protection for the public against government actions. The existence of the PTUN is an implementation of the principles of the rule of law (rechtsstaat) and the rule of law, which emphasizes that every government action must be based on law and can be tested legally. The PTUN was established based on Law Number 5 of 1986 which has been amended through Law Number 9 of 2004 and Law Number 51 of 2009. In its implementation, the PTUN not only functions as an institution for resolving administrative disputes, but also as an instrument for monitoring the actions of public officials to prevent abuse of authority. This paper aims to explain the meaning of the main principles in the PTUN, identify the types of principles that apply, and analyze their application in the practice of state administrative justice. The method used is a normative approach by reviewing laws and regulations, legal doctrines, and related literature. The discussion results show that the basic principles of the PTUN, such as the presumption of justice, the principle of simple, fast, and low-cost justice, the principle of judicial objectivity, and the principle of transparency, play a fundamental role in ensuring justice, legal certainty, and the protection of citizens' rights. In practice, these principles serve as guidelines for examining, adjudicating, and deciding state administrative disputes. Therefore, the application of the basic principles of the PTUN is crucial for the effectiveness of administrative justice in realizing justice and controlling government actions.

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