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Government Instruments HM, Misdin Arifin; Wijaya, Setiawan
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.v9i2.29090

Government instruments are fundamental elements in the implementation of government functions based on the principle of the rule of law (rechtsstaat). In the practice of State Administrative Law, every action, decision, or policy taken by public authorities must be based on valid legal instruments. This is crucial to prevent abuse of authority (detournement de pouvoir) and arbitrary actions that have the potential to violate the constitutional rights of citizens. This paper is motivated by the need for a deep understanding of the transformation of government legal instruments in the increasingly complex modern era, especially in maintaining a balance between bureaucratic effectiveness and legal protection for the community. This research uses a normative juridical method by integrating a statute approach and a conceptual approach. The results of the study indicate that government instruments which include laws and regulations (regeling), state administrative decisions (beschikking), policy regulations (beleidsregel), discretion, and factual actions (feitelijke handelingen) have a strategic role in the dynamics of national law. These instruments function as legal means to guarantee legal certainty and provide protection mechanisms for citizens through means of objections and lawsuits. The proper arrangement of instruments is crucial for the realization of accountable, transparent governance, and in accordance with the General Principles of Good Governance (AAUPB). This study concludes that strengthening legal control over government instruments is an absolute prerequisite for preventing maladministration and strengthening the pillars of democracy.

The Dynamics of Enforcement of State Administrative Law through the PTUN in Realizing Good Governance in Indonesia Siregar, Khairunnisa; Maylisandi, Livia
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.v4i2.29140

The enforcement of state administrative law (PTUN) is a crucial element in realizing good governance and ensuring the implementation of the principles of the rule of law as mandated by the 1945 Constitution. This study aims to analyze in depth the concept of PTUN, its implementation mechanisms, factors that influence its effectiveness, as well as obstacles and innovative solutions in the Indonesian context. A normative juridical approach is used by reviewing legal literature, laws and regulations such as Law No. 30 of 2014 concerning State Administration and Law No. 5 of 1986 concerning PTUN (as amended), as well as state administrative law doctrine. The results of the study reveal that PTUN is not limited to the imposition of administrative sanctions alone, but includes preventive dimensions (prevention through education), corrective (improvement of procedures), and repressive (action through the courts). The main mechanisms include the application of general principles of good governance (AUPB) such as legality, proportionality, and legitimate trust, the legitimate use of discretionary authority, orderly administrative procedures, and legal remedies through the State Administrative Court (PTUN) and supervisory institutions such as the Ombudsman. However, in practice, these challenges face serious obstacles, such as low legal awareness among state civil servants (ASN) and the public, overlapping regulations between laws, a weak internal-external oversight system, and structural corruption that undermines institutional independence. External factors such as disparities in regional resources also exacerbate the situation. Therefore, strategic solutions are proposed in the form of regulatory harmonization through revisions to the omnibus law, increasing ASN professionalism through ongoing training, transparency in public services through digital platforms, and strengthening the role of civil society and the media in participatory oversight. With this implementation, the PTUN is expected to create a transparent, accountable, responsive, and just government, in line with the vision of Golden Indonesia 2045.

North Sumatra Regional Police Policy In Eradicated Human Trafficking Using Online Prostitution Mode Aminudin, Aminudin; Siswoyo, Chaisyah Aliffah
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.v4i2.29173

Human trafficking is a punishable offense involving acts of violence, intimidation, or abhorrent behavior, kidnapping, imprisonment, forgery, and other crimes such as recruitment, transportation, harboring, and shipping. This study examines the policies implemented by the North Sumatra Regional Police in eradicating human trafficking through online prostitution. The importance of this research lies in the fact that human trafficking is a serious violation of humanity. The practice of human trafficking through online prostitution is increasingly rampant in Indonesia, especially in North Sumatra. Therefore, the role of all levels of society and state institutions in the legal field is needed to take decisive action to eradicate human trafficking through online prostitution. It is hoped that this article will encourage the police, especially in the North Sumatra region, to apply these findings to formulate measures against human trafficking through online prostitution, which is a crucial aspect of investigations.

Marriage of the same Surname In Mandailing Batak Traditions In Padang Sidimpuan City Rahmadani, Gema; Yulia, Yulia
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.v4i2.29245

Marriage within the same clan is prohibited in Batak tradition because individuals from the same clan are regarded as siblings who share a common ancestral lineage. In customary law, there are three marriage systems, namely exogamy, endogamy, and eleutrogamy. The Batak community adheres to an exogamous marriage system, which prohibits men and women from marrying individuals who belong to the same clan. Marriage within the same clan constitutes an important and interesting issue to examine because the Batak people consider such marriages as violations of customary values, social norms, and kinship structures that have been preserved for generations. Despite the existence of customary prohibitions and social sanctions, same-clan marriages continue to occur in contemporary society. For instance, in Padangsidimpuan City, several couples have entered into marriages within the same clan. This phenomenon indicates a shift in social values and raises questions regarding the effectiveness of customary sanctions, the influence of modernization, individual rights, religious perspectives, and changing patterns of social interaction in Batak society. Therefore, this study aims to analyze the factors underlying the occurrence of same-clan marriages, examine the customary sanctions imposed on such marriages, and explore the perspectives of the Batak community toward these practices. Furthermore, this research seeks to understand the dynamics between customary law and contemporary societal developments. The findings are expected to contribute to the development of customary law studies, particularly regarding the transformation of traditional values within modern Batak society and the sustainability of customary norms amid social change.

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

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.

Implementation Of Islamic Values In The 2019 Election In Indonesia Qadriah, Fauza; Siswoyo, Raihansyah Hafidz
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.v4i2.29127

This paper examines issues related to Islamic politics within the context of a culturally diverse country, particularly Indonesia, where religion and politics often intersect in shaping social and governmental structures. In Islamic perspectives, politics functions as an instrument to maintain justice, social harmony, and public welfare. However, many people perceive politics negatively, associating it with power struggles, manipulation, and practices inconsistent with moral or religious values. Consequently, politics is often viewed as something that should be avoided, despite its significant role in religious and societal life. This condition raises important questions regarding how the quality and implementation of Islamic political values influence the electoral system in Indonesia. The rapid development of Islamic political discourse, accompanied by various interpretations and hypotheses, indicates that politics grounded in Islamic principles should reflect justice, equality, deliberation, and the protection of rights for all members of society. Therefore, understanding the relationship between Islamic politics and democratic processes becomes increasingly important in contemporary Indonesia. This study employs a normative-sociological approach by analyzing legal norms alongside social realities through exploratory methods. Data were obtained from interviews with informants and supported by secondary sources, including books, scientific journals, and other academic literature. The findings are expected to provide a broader understanding of the role of Islamic political values in strengthening democratic practices and promoting a fair and inclusive electoral system in Indonesia.

Criminal Acts of Terrorism and Treason HM, Misdin Arifin; Hasibuan, Muhammad Hisam
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.v4i2.29174

Terrorism is an extraordinary crime that threatens state security and public order. Terrorism is defined as acts of violence or threats of violence against civilians with the aim of instilling fear and achieving political, ideological, or group interests. This phenomenon is not only related to criminal aspects but also encompasses social, psychological, and political dimensions. Terrorism is generally characterized by structured organization, high militancy, and the selection of strategic targets with broad impacts. In Indonesia, terrorism is regulated by Law Number 15 of 2003, which provides the legal basis for its enforcement and prevention. Factors contributing to terrorism include poverty, injustice, radicalism, and a weak governance system. The resulting impacts are complex, such as disruptions to political stability, security, and the economy, as well as increased public unrest. Therefore, countering terrorism requires a comprehensive approach through law enforcement and preventive measures.

Systematics of Civil Law In Indonesia and The Netherlands Hakim, Abdul; Arsalnah, Indri
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.v4i2.29165

This study examines the systematics of civil law in Indonesia and the Netherlands through a normative legal research approach. Civil law serves as the basic framework that regulates relationships between individuals in society. The Indonesian civil law system is historically rooted in Dutch law, specifically the Burgerlijk Wetboek (BW), which was introduced during the colonial period. However, over time, Indonesian civil law has evolved to accommodate elements of customary law and Islamic law, resulting in a legal system that is pluralistic and unique. This study uses a statutory approach, a comparative approach, and a conceptual approach, relying on primary, secondary, and tertiary legal materials collected through library research. The analysis is conducted qualitatively through legal interpretation and comparative methods to identify similarities and differences in the legal systems of the two countries. The results show that Indonesia still largely refers to the classical structure of civil law consisting of four books: on persons, objects, obligations, and evidence, which originated from the old Dutch BW. In contrast, the Netherlands has made significant reforms to its civil law system through the Nieuw Burgerlijk Wetboek, which adopts a more modern, flexible, and systematic approach. This study concludes that although both legal systems share a common historical basis, there are significant differences in terms of development and modernization. The Indonesian civil law system is still in a transitional stage, necessitating comprehensive legal reform to create a more adaptive, integrated, and responsive legal system to the needs of modern society.

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Abstract

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Contact Name
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Contact Email
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Journal Mail Official
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Editorial Address
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Location
Kota medan,

Sumatera utara

INDONESIA