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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
Arjuna Subject : -
Articles 8 Documents
 1 
Search results for , issue "Vol 4, No 1 (2020)" : 8 Documents clear
Agrarian Law in Land Dispute Resolution in Indonesia Purwanti, Desi; Harahap, Ismail Halomoan
AT-TAFAHUM: Journal of Islamic Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v4i1.29042

Abstract

Agrarian law comprises the entire body of legal norms, both written and unwritten, that govern the legal relationships between legal subjects in the agrarian sector. Land plays a crucial role in human life, as the relationship between humans and land is continuous and inseparable. This demonstrates the close relationship between humans and land, as land is the primary means of supporting life, serving as a residence, a source of livelihood, and a valuable economic asset. However, many individuals exploit weak law enforcement, leading to an increase in land disputes within the community. Land disputes are unavoidable in this modern era, driven not only by the weak integrity of some law enforcement officials but also by the high demand for land that is disproportionate to the limited availability of land. This gives rise to various conflicts, both between individuals and groups, as well as between the community and companies or the government. Therefore, an effective and fair dispute resolution system is necessary. In resolving land disputes, there are several mechanisms that can be taken, including through litigation in court and non-litigation channels such as mediation, negotiation and arbitration, which aim to achieve justice and legal certainty for all parties.
Digital Criminal Law Policy: Ethical and Privacy Challenges In the Enforcement of The New Indonesian Criminal Code (Kuhp) On Cybercrime Suryani, Dewi Ervina; Azhari, Adinda
AT-TAFAHUM: Journal of Islamic Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v4i1.29202

Abstract

This study examines Indonesia’s digital criminal law policy and its ethical and privacy challenges in enforcing the new Criminal Code (KUHP) related to cybercrime. The background of this research lies in the growing complexity of digital crimes such as deepfakes, data breaches, and online manipulation, which demand an adaptive and ethical legal framework. The main objective is to analyze how the new KUHP accommodates digital offenses and whether it adequately protects individual privacy and moral accountability in cyberspace. Using a qualitative normative approach, this study reviews legislation, academic literature, and expert opinions. The findings show that although the KUHP introduces digital crime provisions, it still faces challenges in ethical enforcement, technological capacity, and privacy protection. The study concludes that Indonesia needs stronger digital ethics standards, better interagency coordination, and comprehensive legislative reform to ensure justice and privacy in the digital era
Public Service Tarigan, Bintang Muhammad Faan; Fauzi, Nur
AT-TAFAHUM: Journal of Islamic Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/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 Hendra, Muhammad; Mariani, Hizra
AT-TAFAHUM: Journal of Islamic Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/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 Al-Ghifari, Abi Dzar; Azmi, Muhammad Rafi Indra
AT-TAFAHUM: Journal of Islamic Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/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 Jalil, Abdullah
AT-TAFAHUM: Journal of Islamic Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/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) Munthe, Hasan; Rezeki, M Zul Fadhlan
AT-TAFAHUM: Journal of Islamic Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/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 Sihombing, Darwin Wibowo; Hasibuan, Fitri Amanda
AT-TAFAHUM: Journal of Islamic Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/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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