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CONTEMPORARY ISLAMIC LEGAL ISSUES IN SOCIOLOGICAL ANTHROPOLOGY STUDIES Aminuddin, Aminuddin
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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This study aims to examine contemporary Islamic legal issues through sociological and anthropological perspectives, focusing on socio-cultural dynamics that affect the understanding, application, and transformation of Islamic law in modern society. Islamic law, like other legal systems, underwent reform as part of its adaptation to the development of society. The reform of Islamic law is also influenced by contemporary issues, such as: technology, the development of knowledge, and the development of international law. In general, reform in Islamic law refers to two major methods, namely intra-doctrinal reform and extra-doctrinal reform. The research method used is normative juridical, while the primary data comes from a literature study of related legal materials. The results of the study show several Contemporary Issues of Socio-Anthropological Islamic Law, including women's iddah in the modern era, the fate of children born out of marriage, interfaith marriages and women as leaders. This research contributes to a broader understanding of the relationship between Islamic law, social structure, and culture, and offers a theoretical framework for the development of Islamic law in a contemporary context..

FORMER CONVICTS RUNNING FOR LEGISLATIVE OFFICE: A REVIEW FROM THE PERSPECTIVE OF FIQH SIYASAH AND SUPREME COURT DECISION NO. 46 P/HUM/2018 sahliah, sahliah
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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The requirements for the candidacy of former prisoners as legislative members are regulated in Article 240 paragraph 1 of Law Number 7 of 2017 concerning General Elections. This article stipulates that former inmates who have served five years or more can run for office, provided that they announce to the public the legal case that has ensnared them. The research entitled Former Prisoners in the Candidacy of Legislative Members is Reviewed from the Perspective of Fiqh Siyasah and the Supreme Court Decision No. 46 P/Hum/2018 using normative research methods involving a statute approach, conceptual approach, and case study approach. Based on the results of the research, former corruption convicts feel disadvantaged and their rights are limited by the implementation of KPU Regulation Number 20 of 2018 which was ratified by the KPU together with the Minister of Law and Human Rights. Therefore, a number of parties submitted a material review to the Supreme Court to cancel the regulation. The Supreme Court in its decision stated that KPU Regulation Number 20 of 2018 is contrary to Law Number 7 of 2017 which has a higher legal standing, as stipulated in the Supreme Court Decision No. 46 P/HUM/2018.

ISLAM AND DEMOCRACY: THE POLITICAL THOUGHT OF B.J. HABIBIE Rahmadani, Gema
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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Research This study examines B.J. Habibie's political thought regarding the relationship between Islam and democracy, focusing on how the two can strengthen each other in the Indonesian context. Indonesian context. Using a literature study approach and qualitative analysis approach and qualitative analysis, this research explores Habibie's argument that principles of principles of democracy, such as social justice, deliberation, and freedom of speech, are in line with Islamic teachings. In addition, it identifies challenges faced in the integration of these values, including radicalization and identity politics. Through text analysis and interviews with experts, this research shows that Habibie's thought offers an optimistic an optimistic perspective regarding the implementation of democracy in a country with a large Muslim population. Muslim population. The findings show that education and interfaith dialog are key are key in overcoming challenges and realizing harmony between Islam and democracy. and democracy. This research is expected to contribute to a deeper understanding of the potential synergies between religious values and democratic practices, as well as their relevance to political development in and democratic practices, and their relevance for political development in Indonesia. Indonesia

Corruption as an Extraordinary Crime: A Historical and Legal Study in the Indonesian Legal System Ahmad Baqi; Arya Farhan Azizi S.
AT-TAFAHUM: Journal of Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i1.29155

This paper aims to understand the history of corruption regulation through legal, historical, and international approaches. Corruption in Indonesian positive law is regulated by Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, which covers various forms such as bribery, gratuities, and abuse of authority. In addition, an international perspective through the UNCAC and the views of experts emphasize that corruption is the abuse of power for personal gain. History shows that corrupt practices have existed since ancient civilizations and continue to develop into the modern era. In Indonesia, corruption regulations have developed from the colonial period, the Old Order, the New Order, to the reform era marked by the establishment of the Corruption Eradication Commission (KPK). Globally, the principles of transparency, accountability, and good governance are the main foundations for eradicating corruption. Thus, corruption regulations continue to develop in order to create a clean and integrated government.

Resolution of Marine Resource Disputes in Indonesia from the Perspective of Islamic Law and National Law Abdul Hakim; Ainur Rahma
AT-TAFAHUM: Journal of Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i1.29111

Indonesia, as an archipelagic country with a maritime territory covering more than two-thirds of its total territory, possesses enormous marine resource potential and is vulnerable to conflict. This study aims to analyze the dynamics of marine resource disputes in Indonesia and formulate a settlement model based on the integration of national law and Islamic legal principles. The study employed a qualitative method with a normative approach and literature studies from scientific journals, international legal documents, and Islamic legal literature. The results indicate that marine resource disputes in Indonesia are triggered by overlapping jurisdictional claims, illegal fishing practices, and weak law enforcement. UNCLOS 1982, as an international maritime law regime, has provided a normative framework, but its implementation is often hampered by political factors and economic interests. From an Islamic legal perspective, the principles of justice ('adl), benefit (maslahah), and the prohibition of overexploitation (Israf) offer a comprehensive ethical approach. The integration of these two legal systems has the potential to create a dispute resolution mechanism that is not only legalistic but also oriented towards sustainability and social justice.

Ottoman Turkish State Practices Imam Mulia Tua Harahap; Cintami Grece Novita Ramadani
AT-TAFAHUM: Journal of Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i1.29082

This study examines the constitutional system of the Ottoman Empire as a model of government in Islamic history that exerted widespread influence and endured for more than six centuries. This study aims to examine the government structure, factors of progress, and the roots of the decline of the sultanate through a qualitative approach based on library research utilizing various sources of books and scientific journals. The results of the study indicate that the constitutional system of the Ottoman Empire was unique in that it united political and religious authority under one leadership figure, namely the sultan who also served as caliph. The glory of this sultanate was supported by several main pillars, including a solid bureaucracy, effective economic management, and progress in education and science. However, this sultanate ultimately experienced decline triggered by internal factors in the form of prolonged conflict and declining moral values, as well as external factors in the form of geopolitical pressure from the ever-increasing Western powers. It was the accumulation of these various pressures that then drove the transformation towards a secular state, and at the same time marked the end of the Ottoman Caliphate in the history of Islamic civilization.

Development of Criminal Law on Corruption in Indonesia: Historical and Legal Review Muhammad Ramadhan; aisyah sabrina
AT-TAFAHUM: Journal of Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i1.29285

Corruption has long been recognized as an extraordinary crime in Indonesia due to its systemic nature and its detrimental impact on economic development, public welfare, and public trust in government institutions. The evolution of anti-corruption law in Indonesia reflects the state's continuous efforts to strengthen legal mechanisms for combating corruption in response to changing political and social conditions. This study aims to examine the historical development of criminal law on corruption in Indonesia and to analyze the effectiveness of anti-corruption regulations across different political periods. The research employs a normative legal method using historical, statutory, and conceptual approaches. Data were collected through library research involving primary, secondary, and tertiary legal materials, including legislation, legal literature, and scholarly publications, which were analyzed qualitatively. The findings indicate that the development of Indonesia's anti-corruption legal framework has progressed through four major phases: the colonial period, the Old Order, the New Order, and the Reform Era. Each phase reflects distinct legal and political characteristics that influenced the formulation and enforcement of anti-corruption policies. Significant legal reforms during the Reform Era, including the enactment of Law No. 31 of 1999 as amended by Law No. 20 of 2001 and the establishment of the Corruption Eradication Commission (KPK), have strengthened Indonesia's institutional capacity to combat corruption. Nevertheless, persistent challenges remain, including weak law enforcement, political intervention, institutional resistance, and attempts to weaken anti-corruption agencies. Therefore, strengthening institutional independence, improving legal certainty, and enhancing public accountability remain essential for ensuring the effectiveness of corruption eradication efforts in Indonesia.

Review of Human Rights Theory in Philosophical and Legal Perspectives Hendra Busriani; Asti Nurul Puspita
AT-TAFAHUM: Journal of Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i1.29116

Human Rights (HAM) are rights that every person possesses from birth, granted by God Almighty. They are fundamental rights that belong to every individual and should not be interfered with. However, in practice, human rights cannot be fully implemented because they must consider the public interest, the rights of others, and public order. This article examines the meaning of human rights from an etymological perspective, expert views, and legal provisions at the national and international levels. Furthermore, this article discusses the limitations of human rights, which refer to the principles of legality, proportionality, and the public interest. These concepts are drawn from the thoughts of figures such as Hobbes, Locke, Rousseau, and also the theory of utilitarianism. Therefore, restrictions on human rights are considered legitimate if the goal is to protect the rights of others and maintain balance in national and state life.

Legal Analysis of Banking Crimes and Money Laundering in Indonesia David Nwanna Dumbiri; Abd. Rahman Alwi Pase
AT-TAFAHUM: Journal of Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i1.29034

The rapid development of the banking sector and information technology in Indonesia has significantly facilitated financial transactions while simultaneously increasing the risk of banking crimes and money laundering activities. Banking crimes such as fraud, embezzlement, abuse of authority, and financial transaction manipulation frequently serve as predicate offenses for money laundering. This study aims to analyze the legal framework governing banking crimes and money laundering in Indonesia, examine their interrelationship, and identify challenges in their prevention and enforcement. This research employs a normative legal method using statutory and conceptual approaches. Data were collected through a literature review of primary, secondary, and tertiary legal materials and analyzed qualitatively. The findings indicate that banking crimes are closely linked to money laundering, as offenders often exploit banking systems to conceal the illicit origins of criminal proceeds through complex financial transactions, including layering, the use of third-party accounts, and cross-border fund transfers. Although Indonesia has established a comprehensive legal framework to combat these crimes, law enforcement efforts continue to face challenges, including weak supervision, limited technical capacity of law enforcement agencies, inadequate inter-agency coordination, and the increasing sophistication of technology-based criminal methods. The study further reveals that current measures remain predominantly repressive, while preventive strategies have not been optimally implemented. Therefore, strengthening regulatory frameworks, enhancing institutional cooperation, improving human resource capabilities, and adopting advanced technological monitoring systems are essential to effectively prevent and combat banking crimes and money laundering in Indonesia.

Philosophy of Science and Law: Integrating Science in Realizing the Art of a Just Life Chifa Azyana Adly Meknesya; Amanda Zahra Marpaung
AT-TAFAHUM: Journal of Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i1.29172

This study aims to examine the role of the philosophy of science in the legal realm as a means to realize a just way of life. Science plays a fundamental role in shaping, developing, and directing the legal system so that it is not merely normative, but also responsive to social dynamics. Through a philosophical approach, law is not seen simply as a set of rules, but as a reflection of core values such as justice, morality, and freedom. The research method used is a literature review, by analyzing key concepts of the philosophy of science and their application in law. The research findings show that the integration of various disciplines, such as philosophy, sociology, and psychology, contributes to a more comprehensive understanding of law, increases the effectiveness of law enforcement, and supports the development of a just and human-centered legal system. Furthermore, knowledge also plays a crucial role in legal education, both at the academic and practical levels, to produce competent human resources with high integrity. Thus, the philosophy of science emerges as an essential foundation in making law part of the art of living that is capable of bringing justice to society.

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Contact Name
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Journal Mail Official
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Location
Kota medan,

Sumatera utara

INDONESIA