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PThe Role Of State Administrative Courts In Ensuring Legal Protection For Indonesian Citizens Sihombing, Darwin Wibowo; Harahap, Mirale
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.v6i2.29219

The State Administrative Court (PTUN) plays a strategic role in ensuring legal protection for citizens from detrimental government administrative actions. As one of the pillars of the rule of law, the PTUN functions to supervise, adjudicate, and resolve disputes between the public and state administrative bodies or officials in order to create a balance of fair legal relations. This study aims to analyze the role of the PTUN in providing legal protection and identify obstacles in its implementation. The method used is normative legal research with a statutory and conceptual approach. The results show that the PTUN plays a significant role in upholding administrative justice, preventing abuse of authority, and providing legal certainty for the public. However, the effectiveness of the legal protection provided still faces various obstacles, such as low public legal awareness and less than optimal implementation of court decisions. Therefore, institutional strengthening, increased legal socialization, and government commitment to implementing PTUN decisions are needed so that legal protection for citizens can be realized optimally.

The Impact of Social Change on the Practice of Polygamy in Modern Society: A Review of Islamic Family Law Sihombing, Darwin Wibowo; Firza, Muhammad
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.v5i2.29206

This study aims to analyze the impact of social change on the practice of polygamy in the context of modern society and to examine the relevance of Islamic family law in implementing these regulations. Using qualitative descriptive methods, this study involved in-depth interviews with religious leaders, legal practitioners, and individuals involved in the practice. Furthermore, this study considered the social, cultural, and economic dynamics that influence individual decisions in pursuing the practice. The results indicate that public awareness of women's rights and the importance of social justice is increasing, significantly changing their perspectives on polygamy. Although Islamic law permits polygamy under conditions of fairness, practice often falls short of these criteria. Many families experience dissatisfaction, internal conflict, and psychological impacts due to unfair treatment between wives. This study concludes that achieving justice in the practice of polygamy requires more comprehensive legal education, strong advocacy for individual rights, and strengthened oversight and enforcement mechanisms. Therefore, this research is expected to provide broader insights for policymakers and the public in creating more just, humane, and relevant solutions to the practice of polygamy in the modern era.

Ijtihad, Patterns, Orientation, and the Need For It Harahap, Jibril Adam; Afriansyah, Deni
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.v8i2.29162

Ijtihad is an important concept in Islamic law which means the serious deployment of all intellectual abilities to find the law on issues not explicitly explained in the Qur'an and Al-Sunnah. Terminologically, ijtihad is understood as the use of independent legal reasoning to answer new problems while remaining based on the primary sources of sharia. Ijtihad plays an important role in the process of interpreting religious texts so that Islamic law can be applied relevantly in concrete situations of human life. In practice, ijtihad has several main patterns, namely the bayani pattern which emphasizes the linguistic analysis of the text, the ta'lili pattern which focuses on finding 'illat or legal reasons through rational reasoning, and the istislahi pattern which prioritizes the welfare of the people based on the principles of daruriyyat, hajiyyat, and tahsiniyyat needs. In addition to patterns, there are also orientations of ijtihad such as textual, analogical, benefit, maqashid sharia, and renewal (tajdid) approaches which show the dynamics of the methods of developing Islamic law.

Islamic Radicalism, Terrorism and Anti-Pancasila: Examining the Roots of Radicalism and the Anti-Pancasila Movement Imamuddin, Imamuddin; Adinata, Tio
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.v9i2.29170

This study aims to analyze the relationship between radical Islamic ideology, acts of terrorism, and the emergence of anti-Pancasila movements in Indonesia. The phenomenon of radicalism is often the root cause of terrorist acts that threaten not only physical security but also the ideological stability of the state. Using qualitative methods through literature review and descriptive analysis, this study examines the triggering factors of radicalism, ranging from narrow religious understanding, global political influence, to socio-economic dissatisfaction. The results of the study indicate that anti-Pancasila movements often use religious narratives to delegitimize the national consensus, which, if left unchecked, can develop into systematic acts of terrorism. This study concludes that strengthening religious moderation and revitalizing Pancasila values in education and public spaces are crucial steps to stem the infiltration of radical ideology in society.

Fulfillment of Workers' Rights to Rest and Leave in Employment Relations According to Labor Law Manurung, Maria MT; Siregar, Diah Syafitri
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.v7i2.29024

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.

Implementation of Public Service Standards Based on Law in Indonesia Pasaribu, Muhammad Amalan; Pulungan, Osama Bhinneka
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.v6i2.29091

The implementation of public service standards in Indonesia is a crucial part of efforts to realize effective, transparent, and accountable governance. Public service standards are regulated in Law Number 25 of 2009 concerning Public Services, which serves as a guideline for every service provider in providing quality services to the public. This study aims to examine the implementation of public service standards based on statutory provisions and identify various obstacles encountered in their implementation. The method used in this research is a normative legal approach by examining various laws and regulations, literature, and concepts related to public services. The results of the study indicate that normatively, public service standards have covered important aspects such as service procedures, completion time, costs, service products, facilities and infrastructure, and implementer competence. However, in practice, various problems are still found, including limited human resources, lack of supervision, suboptimal use of technology, and low public participation in the service evaluation process. Furthermore, there is a disparity in service quality between urban and remote areas, indicating uneven implementation of public service standards. Therefore, efforts are needed to increase the capacity of civil servants, strengthen oversight systems, and innovate in information technology-based services. This is expected to ensure optimal implementation of public service standards, increase public trust in the government, and ensure the fulfillment of community rights fairly and equitably.

Analysis Of Islamic Law Regarding The Crime Of Drinking Alcohol (Syubul Khamr) HM, Misdin Arifin; Fadhilah, Naufal
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.v5i2.29141

This study aims to analyze the crime of drinking alcohol (syurbul khamr) from an Islamic legal perspective, emphasizing the normative basis, forms of prohibition, and sanctions stipulated in the Shari'a. Alcohol, as an intoxicating beverage, is expressly prohibited in the Qur'an and Hadith because it can damage the mind, which is one of the main objectives of safeguarding the maqashid sharia. This study uses a qualitative method with a juridical-normative approach through a literature study of classical and contemporary Islamic legal sources. The results show that the prohibition of alcohol is not only moral, but also has a strong legal dimension with the existence of hudud sanctions for perpetrators. In addition, Islam also applies a preventive approach by prohibiting all activities related to alcohol, including production, distribution, and consumption. In the contemporary context, law enforcement against this crime faces various challenges, but the values contained remain relevant in maintaining social order and community morals. Thus, the prohibition of alcohol in Islam aims to protect individuals and society from physical, mental, and social damage.

Philosophy of Science and Law: Integrating Science in Realizing the Art of a Just Life Meknesya, Chifa Azyana Adly; Marpaung, Amanda Zahra
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.v8i1.29172

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.

Human Rights and the Rule of Law from the Perspective of Constitutional Democracy Siregar, Triana Putri; Pulungan, Sofia Zuhro Zein
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.v9i1.29142

In the context of modern democracy, human rights (HAM) serve as the primary foundation for creating a just and sustainable social life. A state based on the rule of law, which upholds the principle of the supremacy of law, plays a crucial role in ensuring the protection and enforcement of human rights. This concept emphasizes that all citizens, including the government, are subject to the same law, thus preventing abuse of power and discriminatory practices.In Indonesia, human rights values are embedded in the Pancasila and the 1945 Constitution, but their implementation still faces various obstacles such as corruption, social inequality, and violations against minority groups. This research uses a normative-juridical approach through literature review and conceptual analysis. The results indicate that strengthening the rule of law can be achieved through judicial independence, improved legal education, and active public participation. Furthermore, globalization also influences the alignment between human rights and the rule of law through various international instruments. Therefore, strengthening the rule of law is crucial for realizing a just and inclusive society.

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

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.

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Location Kota medan, Sumatera utara INDONESIA

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Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota medan,

Sumatera utara

INDONESIA