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Sumatera utara
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 6, No 1 (2022)" : 8 Documents clear
Application of the Money Laundering Law to Corruption Crimes Wardani, Sri Rizki; Siregar, Galih Pratama
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i1.29138

Abstract

This study examines the application of the Anti-Money Laundering Law (AML) in handling corruption in Indonesia. Corruption not only results in state financial losses but is also often accompanied by perpetrators' attempts to conceal the proceeds of crime through money laundering mechanisms. Therefore, the AML Law plays a strategic role as a legal instrument in tracing, freezing, and confiscating assets resulting from criminal acts. This study uses a normative juridical method with a statutory approach and case analysis. The results show that the application of the AML Law can broaden the scope of law enforcement, not only against the main perpetrators but also parties involved in the flow of illegal funds. In addition, the reverse burden of proof mechanism makes it easier for law enforcement officials to identify irregularities in the perpetrators' assets. However, its implementation still faces various obstacles, such as weak coordination between institutions and the complexity of tracking financial transactions. Therefore, optimizing the application of the AML Law is necessary to increase the effectiveness of corruption eradication and support the recovery of state losses.
Comparison of Islamic Criminal Law and National Law Regarding the Criminal Act of Rape Against Minors Widiansyah, Eko; Syahri, Alfi
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i1.29223

Abstract

This study examines the comparison between Islamic criminal law and Indonesian national law regarding the crime of rape against minors, focusing on legal regulation, sanctions, and victim protection. The increasing number of sexual violence cases against children in Indonesia highlights a significant gap between existing legal frameworks and their practical implementation. Therefore, this research aims to analyze how both legal systems regulate such crimes, to identify their similarities and differences, and to assess the relevance of Islamic criminal law in strengthening national law. This research employs a normative-empirical legal approach by analyzing statutory regulations, Islamic legal sources (Qur'an, Hadith, and classical as well as contemporary fiqh), and secondary data from official reports and relevant scholarly studies. The data are analyzed qualitatively using descriptive and comparative methods. The findings reveal that Indonesian national law provides explicit and comprehensive regulations, including strict criminal sanctions and mechanisms for victim protection, such as restitution and rehabilitation. However, its implementation remains suboptimal due to structural and cultural challenges. In contrast, Islamic criminal law emphasizes the protection of human dignity and strictly punishes perpetrators while exempting victims from liability, incorporating both punitive and restorative elements. In conclusion, both legal systems recognize rape against minors as a serious crime, yet differ in their legal construction and application. Islamic legal principles, particularly maqashid al-shari'ah, offer significant contributions in enhancing a more just, victim-oriented, and holistic legal framework within the national system.
The Position Of Legal Philosophy From The Viewpoint Of Islamic Legal Science Nasution, Wahida Ariyanti; Hutabarat, Adinda Putri
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i1.29101

Abstract

Legal philosophy is an important part of the legal scientific framework, serving to answer fundamental questions about the nature of law, its purpose, and its underlying values. From an Islamic perspective, legal philosophy holds a strategic position as a tool for understanding the sharia values that underlie God's laws. This study aims to outline the position of legal philosophy within the perspective of Islamic legal science. A qualitative approach using a literature review method was used in this paper. The results of the study indicate that Islamic legal philosophy occupies a fundamental position as a foundation for formulating and interpreting law, as well as a link between divine revelation and human rationality. Thus, Islamic legal philosophy addresses not only legality but also the morality and spirituality of law
Islamic Economic Dispute Resolution Pasaribu, muhammad Amalan; Naslim, Nazwa Sabrina
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i1.29071

Abstract

The rapid development of Islamic economics and finance in Indonesia has increased the potential for disputes due to differing understandings of contracts, breaches of contract, and inconsistencies in practices with Islamic principles. This situation demands a dispute resolution mechanism that can guarantee legal certainty while remaining grounded in Islamic values. This study aims to examine the definition and causes of Islamic economic disputes, the principles for their resolution, available mechanisms, and the authorized institutions in Indonesia. The method used is a normative juridical approach with an analysis of Islamic legal sources and relevant legislation. The study results show that, from an Islamic legal perspective, dispute resolution emphasizes the principles of justice (al-'adl), public interest (al-maslahah), and balance (tawazun) through deliberation (shura), reconciliation (sulh), and arbitration (tahkim). Meanwhile, under Indonesian positive law, dispute resolution is conducted through litigation in Religious Courts and non-litigation methods such as mediation and arbitration through BASYARNAS. These two approaches complement each other by ensuring legal certainty, efficiency, and compliance with sharia principles. Thus, the resolution of Islamic economic disputes in Indonesia is an integration of Islamic law and positive law that not only aims to resolve conflicts, but also maintains the values of justice, ethics, and sustainability of the Islamic economy.
Jarimah Al-Riddah from the Perspective of Islamic Law and its Relevance in the Legal System in Indonesia Wardani, Sri Rizki; Harahap, Humaira Hananni
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i1.29103

Abstract

This study aims to analyze the concept of jarimah al-riddah from the perspective of Islamic criminal law and examine its relevance in the Indonesian legal system. Jarimah al-riddah is understood as an act of leaving the Islamic religion which in classical Islamic criminal law is categorized as a criminal act with certain sanction consequences. This study uses a normative legal research method with a statutory and conceptual approach, through a study of Islamic legal sources and applicable laws and regulations in Indonesia. The results of the study indicate that there are differences of opinion among scholars regarding the application of sanctions against perpetrators of riddah, especially in the context of modern society. On the other hand, the Indonesian legal system does not explicitly regulate jarimah al-riddah as a criminal offense, but rather emphasizes the protection of religious freedom as guaranteed in the constitution. Therefore, the application of the concept of jarimah al-riddah in the Indonesian context requires a contextual approach that takes into account human rights values and the principle of legal pluralism.
The Importance of Tabbayyun in Countering Hoax Information in the Digital Era Purwanti, Desi; Rahim, Raprilla Berlianna
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i1.29120

Abstract

The development of information technology in the digital era has significantly facilitated rapid and widespread access to and dissemination of information. This transformation has brought positive impacts across various aspects of life, including education, communication, and the economy. However, this convenience has also been accompanied by a growing spread of misinformation and disinformation that is increasingly difficult to control. Unverified information can easily circulate through social media and other digital platforms, potentially leading to public unrest, social conflict, and widespread misunderstanding within society. This study aims to examine the role of the tabbayun concept as a solution to the challenges of information dissemination in the digital era. Using a qualitative approach and literature review, this research analyzes the relevance of tabbayun values in a modern context. The findings indicate that applying tabbayun principles can serve as an effective strategy for fostering healthy digital literacy, increasing public awareness, and promoting a more accurate, responsible, and ethical information ecosystem.
Definition, Function, and Scope of Legal Drafting Suwandi, Suwandi; Dani, Muhammad Prian
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i1.29191

Abstract

Indonesia, as a nation governed by the rule of law, demands high-quality legal products to ensure legal certainty, justice, and the benefits of law in social and state life. However, in practice, various legal problems are still frequently encountered due to poor drafting of legal documents, such as regulations with multiple interpretations and unclear contracts. Therefore, this study aims to comprehensively examine the definition, function, and scope of legal drafting as an important basis for the formation of good legal documents. The research method used is normative legal research with a qualitative approach through library research, by reviewing various literature, journals, and the opinions of relevant experts. The results show that legal drafting is a process of preparing legal documents that requires precise language, clear systematics, and a deep understanding of legal substance. Legal drafting has an important function in creating legal certainty, regulating and controlling behavior, providing legal protection, and serving as a guideline for dispute resolution and a means of social engineering. The scope includes legislative drafting, contract drafting, regulatory drafting, and judicial drafting. In conclusion, good mastery of legal drafting is essential for legal students and practitioners to be able to produce quality, clear legal documents that do not give rise to multiple interpretations, thereby supporting the creation of an effective and just legal system.
Innovative Product and Service Development Based on Customer Needs Purba, Guvo Deswarth; Rizqi, Muhammad Rahman
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i1.29182

Abstract

The development of innovative products and services is an important strategy in facing increasingly fierce market competition. This study aims to analyze the concept of product development, the process of identifying customer needs, and effective product design in creating added value for consumers. The method used is a literature study with a qualitative descriptive approach based on book sources and scientific references related to entrepreneurship. The results show that the success of product development is greatly influenced by the company's ability to understand customer needs through a systematic identification process, such as customer data analysis and the 5W approach. In addition, structured product design, from planning to design details, is a crucial factor in producing competitive products. Product innovation also plays a key role in creating sustainable competitive advantage. Thus, the integration of innovation, customer needs, and appropriate product design can increase customer satisfaction and support business sustainability in the modern era.

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