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Digital Criminal Law Policy: Ethical and Privacy Challenges In the Enforcement of The New Indonesian Criminal Code (Kuhp) On Cybercrime Suryani, Dewi Ervina; Azhari, Adinda
AT-TAFAHUM: Journal of Islamic Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v4i1.29202

This study examines Indonesia’s digital criminal law policy and its ethical and privacy challenges in enforcing the new Criminal Code (KUHP) related to cybercrime. The background of this research lies in the growing complexity of digital crimes such as deepfakes, data breaches, and online manipulation, which demand an adaptive and ethical legal framework. The main objective is to analyze how the new KUHP accommodates digital offenses and whether it adequately protects individual privacy and moral accountability in cyberspace. Using a qualitative normative approach, this study reviews legislation, academic literature, and expert opinions. The findings show that although the KUHP introduces digital crime provisions, it still faces challenges in ethical enforcement, technological capacity, and privacy protection. The study concludes that Indonesia needs stronger digital ethics standards, better interagency coordination, and comprehensive legislative reform to ensure justice and privacy in the digital era

Legal Protection for Digital Platform Workers: A Legal Analysis of Partnership Relations from the Perspective of Employment Law in Indonesia Purba, Guvo Deswarth; Amira, Nia
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v8i2.29143

The rapid development of the digital economy in Indonesia has given rise to a new work model through digital platforms that bases employment relationships on the concept of partnership. However, this model creates legal ambiguity due to the weak bargaining position of platform workers and the existence of elements of employment relationships that are factually fulfilled but formally omitted. This study aims to analyze legal protection for digital platform workers and review the status of partnership relationships from the perspective of labor law in Indonesia, particularly after the implementation of Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into law.

Analysis of Togel Gambling as a Crime from an Islamic Criminal Law Perspective Rambe, Dinda Suciana; Pasaribu, Harafi
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.v9i2.29160

In Indonesian society, gambling remains a controversial issue. Law enforcement has uncovered numerous cases. This demonstrates that gambling in Indonesia has not been eradicated and is a social ill. Gambling involves deliberate wagering, risking a value or something deemed valuable, while acknowledging the risks and expectations inherent in games, matches, competitions, and other events with uncertain outcomes. Verse 90 of QS Al-Maidah clearly forbids gambling, citing its heinous nature as a satanic act. Therefore, we should refrain from engaging in it. Research methodology is a collection of regulations, activities, and procedures employed by practitioners of a discipline. This type of research is normative legal research, also often referred to as library research. Within the framework of the maqāṣid al-syarī'ah (the principles of Islamic law), gambling clearly contains elements of harm that outweigh its benefits. Therefore, prevention and control efforts need to be comprehensive, encompassing legal, social, and religious approaches. In this context, the implementation of legal sanctions for lottery gambling according to the perspective of Islamic criminal law is categorized as ta'zir sanctions, either in the form of caning or other punishments. In addition, sanctions for perpetrators of gambling who use technology, the government can adjust regulations based on applicable laws.

Correctional Policy and Overcapacity: Alternative Models for Reducing Prison Overcrowding Hidayah, Nur; Triningsih, Intan
AT-TAFAHUM: Journal of Islamic Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v7i2.29350

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.

The Role of Law Enforcement Officers in Eradicating Online Gambling Suwandi, Suwandi; Nasution, Bunga Amalia
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i2.29201

Online gambling is a form of cybercrime that has experienced rapid growth along with advances in information and communication technology in Indonesia. This phenomenon not only impacts the legal aspects but also creates social and economic problems in society. This study aims to analyze the role of law enforcement officials in eradicating online gambling practices and identify obstacles faced in the law enforcement process. The research method used is normative juridical, with a statutory regulatory approach and literature review. The results indicate that law enforcement officials play a crucial role through preventive and repressive measures, such as website blocking, investigations, arrests, and prosecutions based on the provisions of the Criminal Code and the Information and Electronic Transactions Law. However, various obstacles remain in its implementation, including technological limitations, the transnational nature of the crime, and a lack of coordination between institutions. Therefore, stronger synergy is needed between the government, law enforcement officials, and the public to increase the effectiveness of eradicating online gambling in Indonesia.

Abuse of Authority as Reviewed from the Perspective of State Administrative Law Aditya, Dwi Putri
AT-TAFAHUM: Journal of Islamic Law Vol 5, No 2 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v5i2.29068

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.

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/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 Protection for Female Workers from the Perspective of Employment Law Anam, Hairul; Hidayat, Yodha Mufarid
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 1 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i1.29207

This study examines legal protection for female workers in Indonesia using descriptive qualitative methods through a literature review. The results indicate that protection is regulated in Law No. 13 of 2003, which provides special rights such as maternity leave, breastfeeding rights, and work hour regulations to prevent discrimination. However, in practice, obstacles remain, such as discrimination, weak oversight, and low legal awareness. Therefore, strengthened law enforcement, outreach, and affirmative action policies are needed to achieve fairness in the workplace

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

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.

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

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.

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Contact Name
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Contact Email
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Phone
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Journal Mail Official
-

Editorial Address
-

Location
Kota medan,

Sumatera utara

INDONESIA