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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 7, no 2 (2023)" : 8 Documents clear
Regional Autonomy and Regional Government Watni Marpaung; Abdul Hakim; Fadil Almahdy Hasibuan
AT-TAFAHUM: Journal of Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v7i2.29041

Abstract

Regional autonomy is a crucial pillar of the Indonesian government system, aiming to grant local governments the authority to regulate and manage government affairs based on local potential and needs. The implementation of regional autonomy is expected to improve the effectiveness of governance, the quality of public services, and promote equitable development across regions. However, the implementation of regional autonomy still faces various challenges, particularly in institutional capacity, fiscal independence, and coordination between the central and regional governments. This study aims to examine the concept, legal basis, implementation, and challenges and efforts to strengthen regional autonomy within the Indonesian regional government system. The research method used is library research with a normative juridical approach, emphasizing the study of relevant laws and regulations and scientific literature. The research stages include the collection of primary and secondary legal materials, qualitative analysis through legal interpretation, and the systematic compilation of the study results. The results indicate that regional autonomy has provided space for local governments to exercise authority more independently, particularly in public services and regional development. However, the effectiveness of its implementation is still influenced by limited human resources, fiscal dependence, and weak oversight. Therefore, it is necessary to strengthen institutions, increase fiscal capacity, and maintain sustainable synergy between the central and regional governments so that the goals of regional autonomy can be achieved optimally.
The Rule of Law as the Theoretical Basis for State Administrative Law Guvo Deswarth Purba; Muhyiddin Hilal Sarhan
AT-TAFAHUM: Journal of Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v7i2.29044

Abstract

The rule of law is a fundamental principle in governance that places law as the foundation and limit of state power. In the context of state administrative law, the principle of the rule of law plays a crucial role in regulating the implementation of government authority and providing legal protection for citizens. Administrative law is the primary instrument for ensuring that government actions and decisions are implemented based on the principle of legality, general principles of good governance, and effective oversight mechanisms. This study employs a normative legal research method with a statutory and conceptual approach. The legal materials used consist of statutory regulations, expert doctrines, and relevant legal literature. The analysis is descriptive-analytical. The discussion in this journal begins with an elaboration of the concept of the rule of law as the theoretical basis of state administrative law, followed by a discussion of legal protection for citizens and the application of general principles of good governance, as well as the implications of the rule of law for governance. The results of the discussion indicate that the principle of the rule of law plays a crucial role in limiting government power and realizing an orderly, accountable, and just government.
Correctional Policy and Overcapacity: Alternative Models for Reducing Prison Overcrowding Nur Hidayah; Intan Triningsih
AT-TAFAHUM: Journal of Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v7i2.29350

Abstract

The problem of overcrowding in correctional institutions in Indonesia is a structural issue closely related to the criminal law paradigm, which is still oriented towards imprisonment. Data shows that the number of prison inmates has reached almost twice the ideal capacity, thus disrupting the correctional function, increasing the risk of human rights violations, and decreasing the effectiveness of rehabilitation and social reintegration of prisoners. This study aims to analyze the root causes of overcrowding, evaluate the existing correctional policies, and offer alternative models based on restorative justice and non-imprisonment. Using qualitative methods through a normative juridical approach and policy analysis, this study examines laws and regulations, correctional statistics, and previous research findings. The results show that overcrowding is caused by the dominance of imprisonment, the minimal application of alternative punishments, the imbalance in the officer-to-inmate ratio, and weak coordination between law enforcement agencies. The implementation of restorative justice, supervised criminal justice, social work, and community-based rehabilitation has proven to have significant potential in reducing the number of prison inmates in a sustainable manner. This study recommends reform of correctional policy through the expansion of alternative sentencing options, strengthening institutional capacity, and digitalizing the correctional system as an effort to create a more humane, efficient, and equitable correctional system.
A Review of Jinayah Fiqh on the Phenomenon of Doxing and Character Assassination in the Media Purnama Wahyuni; Mhd Irsan Akbar
AT-TAFAHUM: Journal of Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v7i2.29046

Abstract

The era of digital disruption has shifted criminal patterns from physical space to cyberspace, where personal data is often used as a weapon for digital persecution. The phenomena of doxing (the unauthorized dissemination of personal identity information) and character assassination on social media are not merely violations of communication ethics, but rather systematic threats to the existence of human dignity (al-'irdh). This study aims to dissect these phenomena through the lens of Islamic Jurisprudence (Fiqh Jinayah) in order to formulate an appropriate legal construction for contemporary cybercrime. Using a qualitative descriptive-analytical research method and a normative-juridical approach, this article explores how Islamic law responds to actions that damage an individual's privacy and reputation. The results show that doxing and character assassination fulfill the elements of jarimah (criminal acts) because they contain elements of tajassus (espionage), backbiting, and slander, which are explicitly prohibited in the Qur'an and Sunnah. In the Islamic Jurisprudence (Fiqh Jinayah) classification, this act is categorized as Ta'zir Crime, where the state authority (Waliyyul Amri) has full authority to impose deterrent sanctions, ranging from fines (gharamah) to imprisonment, in order to uphold the main objective of sharia (Maqashid Syariah), namely the protection of honor. This article also emphasizes the importance of reintegrating Islamic moral values into cyber law regulations to reduce the number of "social deaths" for victims in the digital space.
Fulfillment of Workers' Rights to Rest and Leave in Employment Relations According to Labor Law Maria MT Manurung; Diah Syafitri Siregar
AT-TAFAHUM: Journal of Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v7i2.29024

Abstract

Problems in employment relations are often characterized by the failure to fulfill workers' rights to rest and leave, even though these rights play a crucial role in maintaining worker health and maintaining company productivity. This situation indicates a gap between normative regulations and actual employment practices. This study aims to examine employers' obligations to fulfill workers' rights to rest and leave under Indonesian labor law, and to examine the forms of legal protection available to workers in the event of violations of these rights. The research method used is normative juridical research with a statutory approach and a literature review of relevant laws and regulations. The results indicate that the right to rest and leave is a normative worker right that employers must fulfill, as stipulated in Law Number 13 of 2003 and Government Regulation Number 35 of 2021. Violations of these provisions can result in administrative and criminal sanctions for employers. Legal protection for workers is provided through labor supervision and industrial relations dispute resolution mechanisms. This study confirms that effective supervision and clear regulations in company regulations are necessary to ensure the fulfillment of workers' rights to rest and leave.
Review of Islamic Criminal Law on the Crime of Rape Aniksya Nabila Safikoh; Yusuf Harahap
AT-TAFAHUM: Journal of Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v7i2.29344

Abstract

This article aims to comprehensively discuss and assess the crime of rape within the context of Indonesian criminal law. The crime of rape is regulated under Article 285 of the Indonesian Criminal Code, which encompasses various elements that must be met, one of which is the element of violence. This element of violence is the main distinguishing factor between rape and other moral violations regulated in the Criminal Code. In the justice system, law enforcement officers impose appropriate penalties on perpetrators of sexual violence to uphold the rule of law, maintain social order, and provide a deterrent effect so that perpetrators do not repeat their actions, while also serving as a deterrent so that others do not commit similar acts.
Utilization of Commercial Law to Promote Public Welfare and Legal Certainty for Business Actors Ahmad Yani Anshori; Alya Rayana Siregar; Aicha Azdina Adly Fesya
AT-TAFAHUM: Journal of Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v7i2.29059

Abstract

Commercial law plays a fundamental role in establishing legal certainty, protecting business actors, and promoting sustainable economic development. As commercial transactions continue to expand in both domestic and international markets, a comprehensive legal framework becomes increasingly essential to regulate business activities, prevent disputes, and ensure fair competition. This study aims to analyze the role of commercial law in enhancing legal certainty and supporting public welfare within the Indonesian legal system. The research employs a normative legal research method using statutory, historical, and comparative approaches. Data were collected through a comprehensive review of legal literature, including legislation, legal doctrines, scholarly publications, and relevant legal theories. The findings indicate that commercial law serves as a vital legal instrument governing contractual relationships, corporate activities, trade, investment, and dispute resolution. The Indonesian Commercial Code (KUHD), the Civil Code (KUH Perdata), and sector-specific legislation provide the primary legal foundation for commercial transactions. The study further reveals that the validity of contracts, as stipulated in Article 1320 of the Civil Code, together with the principles of good faith and pacta sunt servanda, plays a crucial role in maintaining legal certainty and minimizing commercial disputes. Furthermore, dispute resolution mechanisms through litigation and alternative dispute resolution, including negotiation, mediation, and arbitration, contribute significantly to efficient conflict resolution while preserving business relationships. The study concludes that the consistent implementation of commercial law not only strengthens legal protection for business actors but also fosters a favorable business climate, supports the development of micro, small, and medium enterprises (MSMEs), and contributes to sustainable economic growth and public welfare in accordance with the objectives of the 1945 Constitution of the Republic of Indonesia.
Basic Principles and Basic Rules of Islamic Law Hasan Munthe; Febrianti Lingga
AT-TAFAHUM: Journal of Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v7i2.29130

Abstract

Islamic law is a legal system that originates from revelation and has unique characteristics. This research aims to examine the basic principles and rules of Islamic law as a basis for determining law. The method used is qualitative research with a normative approach through literature review. The research results show that the basic principles of Islamic law include justice (al-'adl), benefit (al-maslahah), legal certainty, and flexibility. The principles of Islamic jurisprudence, such as al-umūr bi maqāṣidihā, al-ḍarar yuzāl, and al-mashaqqah tajlib al-taysīr, serve as a methodological framework in establishing law. Thus, these principles and rules are important in legal istinbāṭ so that it remains relevant and responsive to developments in society.

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