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INDONESIA
AT-TAFAHUM: Journal of Islamic Law
Published by Universitas Islam Negeri Sumatera Utara
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Core Subject : Humanities, Art,
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Articles 13 Documents
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Search results for , issue "Vol 9, No 2 (2025)" : 13 Documents clear
Outline Of The Development Of Military Criminal Law In Indonesia HM, Misdin Arifin; Ginting, Dian Safitri
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i2.29147

Abstract

This study aims to examine the broad development of military criminal law in Indonesia using normative legal research methods. The approaches employed include legislative and historical approaches to trace the dynamics of military criminal law regulation from the colonial period to the modern era. The results indicate that military criminal law in Indonesia was initially an adoption of the Dutch colonial legal system, which was then maintained and adapted after independence. Over its development, military criminal law has undergone a transformation toward a more modern national legal system while retaining its distinctive characteristics as an instrument for enforcing discipline in the military environment. However, this development also faces various challenges, such as the dualism between military criminal law and general criminal law and the suboptimal updates to the Military Criminal Code (KUHPM). Furthermore, there is a need to align military criminal law with the principles of the rule of law, transparency, and human rights protection. Therefore, efforts to reform regulations and harmonize laws are needed to create a more effective, just, and accountable justice system. This research is expected to contribute to the development of military criminal law in Indonesia and serve as a reference for further research.
A Legal Analysis of Changes to the Severance Pay Calculation Formula Meknesya, Chifa Aznaya Adly; Arif, Muhammad
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i2.29038

Abstract

Fundamental changes in the termination compensation scheme following the enactment of the omnibus law have triggered a reorientation of workers' rights protection in Indonesia. This study aims to examine the legal transformation of the severance pay calculation formula from Law Number 13 of 2003 to Law Number 6 of 2023 concerning Job Creation. Using normative legal research methods with a statute approach and a conceptual approach, this study analyzes the implications of this shift in norms for the certainty of workers' rights. The results show that this transformation not only changes the nominal value by reducing the multiplier but also shifts the protection paradigm from job security to flexibility. The correlation between the decline in severance pay and the certainty of workers' rights indicates a degradation of economic value that has not been fully compensated by the job loss insurance program. Furthermore, an analysis of the Constitutional Court's ruling emphasizes the importance of the constitutionality of norms that must balance investment facilitation with the right to a decent living. This study concludes that regulatory synchronization following the Constitutional Court's ruling is crucial to prevent legal uncertainty that harms industrial stability and worker welfare.
Qowa'idul Fiqi'ah: Implementation of Qowaid Fiqhiyah in Answering Contemporary Problems Harahap, Muhammad Rahim
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i2.29175

Abstract

This study examines the implementation of Islamic jurisprudence (qowaid) in addressing various contemporary problems emerging in modern society. As general principles in Islamic law, qowaid plays a crucial role in providing solutions to emerging issues not specifically addressed in the Qur'an and Hadith. The purpose of this study is to analyze the relevance and application of Islamic jurisprudence (qowaid) in addressing contemporary issues in the social, economic, technological, health, and modern muamalah (transactions). The research method used is qualitative research with a normative approach and library research. Data sources were obtained from fiqh books, qowaid books, scientific journals, and relevant Islamic legal literature. The analysis was conducted by examining several key principles, such as al-umuru bi maqashidiha (all matters depend on the goal), al-dhararu yuzal (harm must be eliminated), and al-masyaqqatu tajlibu al-taisir (difficulty brings about ease) in the context of contemporary issues. The research results show that the Islamic jurisprudence (qowaid) is of high quality and relevance in addressing the challenges of the times. The principles of Islamic jurisprudence can serve as the basis for ijtihad in establishing laws regarding various modern phenomena, such as digital transactions, the use of information technology, Islamic financial services, and even health and social issues. Thus, the application of Islamic jurisprudence (qowaid) not only maintains the existence of Islamic law but also demonstrates that Islamic law is dynamic, adaptive, and capable of providing benefits to human life in every era.

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