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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,
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Articles 8 Documents
 1 
Search results for , issue "Vol 7, No 1 (2023)" : 8 Documents clear
Regulation of Workers Rights and Obligations in Labor Law Siregar, Khairunnisa; Aisya, Alya
AT-TAFAHUM: Journal of Islamic Law Vol 7, No 1 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v7i1.29179

Abstract

This study examines the provisions regarding workers' rights and obligations as stipulated in the Manpower Law as a basis for establishing fair and balanced employment relationships. This research is motivated by various employment practices that are detrimental to workers, including inappropriate wage payments, excessive working hours, and suboptimal social security coverage. This situation emphasizes the importance of understanding legal provisions that regulate the proportional status of workers and employers. The purpose of this study is to analyze the forms of regulation of workers' rights and obligations in legislation and their impact on legal certainty in employment relationships. The method used is normative legal research with a legislative and conceptual approach, conducted through a literature review of primary, secondary, and tertiary legal materials. The research stages include collecting legal materials, categorizing legal norms, and systematic analysis of relevant provisions. The results show that the Manpower Law has regulated various workers' rights, such as the right to a decent wage, regulation of working hours and rest periods, protection of occupational safety and health, and employment social security. In addition, workers are also obligated to perform their work in accordance with their employment agreement, comply with company regulations, and maintain a professional attitude in the work environment. These regulations are expected to foster harmonious working relationships, prevent industrial disputes, and enhance legal protection for both workers and employers.
The Urgency of Reforming Indonesian Commercial Law in Facing Digital Trade Baqi, Ahmad; Harahap, Nasyfah Salsabila
AT-TAFAHUM: Journal of Islamic Law Vol 7, No 1 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v7i1.29105

Abstract

The development of digital technology has significantly changed trade patterns in Indonesia, marked by the emergence of e-commerce, fintech, and the platform-based economy. However, this progress has not been matched by adequate legal preparedness. Indonesian trade law still relies heavily on the Commercial Code (KUHD), which was historically designed for conventional transactions, thus failing to accommodate the complexities of digital transactions. This study aims to analyze the current state of trade law, identify normative limitations, and examine the urgency of legal reform in the face of digitalization. The method used is a qualitative approach through a literature review analyzing various regulations such as the KUHD, the ITE Law, and the Consumer Protection Law. The results indicate a gap in norms related to electronic contracts, click-wrap agreement mechanisms, digital platform liability, personal data protection and online dispute resolution. Furthermore, legal relationships in digital transactions involving third parties, such as marketplaces, add to the complexity and have not been comprehensively regulated. This situation has the potential to create legal uncertainty and weaken protection for consumers and businesses. Therefore, adaptive and integrative normative reform of trade law is needed to create legal certainty, justice, and effective protection in the digital trade ecosystem in Indonesia. This update is expected to be able to answer the challenges of the digital era while supporting sustainable national economic growth.
The Influence of Islamic Business Ethics on Criminal Liability: A Transactional Analysis Rambe, Dinda Suciana; Nurlaili, Putri
AT-TAFAHUM: Journal of Islamic Law Vol 7, No 1 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v7i1.29064

Abstract

This study examines the influence of Islamic business ethics on corporate criminal liability in the context of business law in Indonesia using a normative legal research approach (doctrinal research). The main focus is the principles of muamalah as the foundation of Islamic business ethics that demand justice, trustworthiness, and moral responsibility in corporate activities. This study examines the construction of the element of fault (mens rea) and its relevance in determining corporate criminal liability based on Indonesian positive legal norms. In addition, this study evaluates the application and modification of criminal sanctions in business crime cases that consider the corporation's efforts to comply with or violate muamalah principles. The results of this study are expected to provide a deeper normative understanding of the integration of Islamic ethics in the corporate criminal law system, while also providing recommendations for criminal policy reform that is more responsive to muamalah values.
Changes In Javanese Customary Law From The Perspectives Of Legal Sociology And Anthropology Daulay, Nurlaily Kamilah; Amri, Ghoiril
AT-TAFAHUM: Journal of Islamic Law Vol 7, No 1 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v7i1.29227

Abstract

Javanese customary law is a dynamic value system that reflects the identity and local wisdom of the community. This article aims to analyze the meaning, original form, and transformation of Javanese customary law from the perspective of sociology and legal anthropology. The research methodology uses a qualitative approach with literature review. The results of the study indicate that Javanese customary law is flexible and able to adapt to changing times. However, significant transformations are currently occurring due to globalization, modernization, and interactions with the formal legal system. Striking changes are seen in the shift in social values related to gender equality, the repositioning of women's rights in inheritance and marriage practices, and the modernization of dispute resolution mechanisms. Sociologically, this phenomenon is a response to changes in social structure and urbanization. Anthropologically, these changes demonstrate the efforts of Javanese society to negotiate the preservation of tradition with the demands of modernity in order to maintain the relevance of collective identity in the global era. 
Implementation of narcotics criminal law in Indonesia Manurung, Maria MT; Pohan, Dzaki Jumayyil
AT-TAFAHUM: Journal of Islamic Law Vol 7, No 1 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v7i1.29049

Abstract

The problem of narcotics crime has become a problem for nations and nations in the world that is always discussed. Throughout the world, the problem of narcotics abuse has almost become a problem for nations. And narcotics abuse can certainly cause physical damage, mental health, emotions and attitudes in society. The problem of narcotics abuse has threatened society and the nation so that it has become an organized crime in the national and international scope. Based on this background, the author raised a scientific journal entitled "THE IMPLEMENTATION OF NARCOTICS CRIMINAL LAW IN INDONESIA". Regarding this scientific journal, the author explains the problem of how the application of criminal law regarding the regulation of narcotics crimes in Indonesia and how the criminal law system regarding the regulation of narcotics crimes in Indonesia. The research method in this scientific journal is carried out with a normative juridical approach, namely by analyzing the problem through a legal principle approach and referring to legal norms contained in statutory regulations. The data used in this scientific journal is secondary data.
Consumer Protection in Modern Transactions: A Review Islamic Criminal Law on Breach of Contract Widiansyah, Eko; Lubis, Ratu Naira
AT-TAFAHUM: Journal of Islamic Law Vol 7, No 1 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v7i1.29121

Abstract

This study aims to construct a deep understanding of consumer protection in contemporary muamalah practices through the perspective of Islamic criminal law, with a focus on various forms of contractual deviations that have the potential to cause economic and moral losses. The digital transformation in modern economic activities and the increasing complexity of transaction models have opened up space for unlawful acts, such as fraud (tadlis), uncertainty of contractual clauses (gharar), information manipulation, and fraudulent practices (ghabn). In Islamic criminal law, these forms of violations are classified as ta'zir crimes, namely crimes for which the determination of sanctions is left to the competent authorities in order to maintain public order and welfare. This study uses a literature study method by examining primary and secondary sources from Islamic legal thinkers such as Wahbah az-Zuhaili, Abdul Qadir Audah, and Muhammad Abu Zahrah. The results of the analysis show that Islamic criminal law offers a comprehensive normative framework for consumer protection by upholding the principles of justice, transparency of contracts, and prevention of exploitation. The flexibility of the ta'zir concept also provides room for adjusting the types of sanctions to the dynamics of technology and social needs, including in the context of digital transactions. This study concludes that the integration of fiqh muamalah and fiqh jinayah is a relevant approach to strengthen the consumer protection system in the modern era. This framework not only fills the gap in regulations in the categories of hudud and qishas-diyat, but also confirms that Islamic criminal law is normative and adaptive to the development of contemporary economic practices.
The Role of Law in Achieving Public Welfare Syamwil, Ahmad Nizar Mohammad; Lubis, Reza Alfian
AT-TAFAHUM: Journal of Islamic Law Vol 7, No 1 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v7i1.29077

Abstract

The purpose of establishing a state is essentially to realize the welfare of the people. The government, as the state administrator, formulates this goal into responsive, aspirational, and progressive laws and regulations according to the needs of the community. To ensure that these laws are truly grounded, law enforcers, particularly judges as the spearhead of law enforcement, must not only focus on legal certainty (rechtsvaardigheit), but also prioritize the values of justice that live, grow, and develop within society. The role of law in realizing the welfare of the people must be reflected both in the substance of the law and the moral integrity of law enforcement officials, especially judges in adjudicating cases. Therefore, implementing the welfare of the people requires synergy between regulations that favor the public and law enforcement that is substantive, not merely procedural, justice. Justice directly experienced by the people is a primary indicator of achieving national prosperity.
Abuse of Authority Reviewed from the Perspective of State Administrative Law Apanda, Epan; Hasibuan, Akmal Rifai
AT-TAFAHUM: Journal of Islamic Law Vol 7, No 1 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v7i1.29037

Abstract

Abuse of authority is a fundamental problem in governance that has the potential to undermine the general principles of good governance (AUPB) and reduce public trust in the state bureaucracy. This phenomenon arises when government officials use their authority excessively, mix up their authority, or act arbitrarily, thus deviating from the purpose for which the authority was granted. This study aims to analyze abuse of authority from the perspective of State Administrative Law and examine the legal implications and oversight mechanisms available in the Indonesian legal system. The research method used is normative legal research with a library research approach, through a review of relevant laws and regulations, legal doctrine, and national scientific journals. The approach used includes a statute approach and a conceptual approach to obtain a comprehensive understanding. The results of the study indicate that Law Number 30 of 2014 concerning State Administration has provided a clear normative basis regarding the prohibition of abuse of authority, including review by the State Administrative Court. In addition, strengthening internal and external oversight mechanisms and the application of the principles of accountability and transparency are strategic steps in preventing abuse of authority. This research is expected to provide theoretical and practical contributions in efforts to realize good governance.

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