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Combating Cyber Crime From The Perspective Of Islamic Criminal Law Fesya, Aicha Azdina Adly; Zaidan Ketaren, Rizky
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.v6i2.29084

This article aims to analyze the concept of cybercrime prevention from the perspective of Islamic criminal law and examine its relevance to the development of modern digital crime. The research method used is normative legal research with a conceptual approach and a legislative approach. The data used consists of primary, secondary, and tertiary legal materials analyzed qualitatively. The results of the study indicate that although cybercrime is not explicitly recognized in classical Islamic criminal law literature, the basic principles of jarimah, particularly in the category of ta'zir, can be used to qualify various forms of cybercrime.

Illegal Logging Crimes In Forest Areascriminal Law Hendra, Muhammad; Mariani, Hizra
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.v4i1.29222

This study aims to determine the process of overcoming and handling carried out by the Forestry Police of the Sulawesi Regional Forestry Security and Law Enforcement Center in Handling Illegal Logging Cases. This study uses an empirical juridical research method. The research location is the Sulawesi Regional Forestry Security and Law Enforcement Center. The data sources used are primary data, namely data obtained directly from sources at the research location, secondary data is data obtained through library studies, namely reviewing literature, articles, coverage, and laws and regulations. The data collection techniques used are library research and field research that includes interviews and documentation. The data analysis technique used is quantitative. The results of this study indicate that MB is the owner of the wood as well as a suspect in illegal logging and Rasdin as the publisher of the wood document. In deciding a case, law enforcement should always carry out the mandate of the Republic of Indonesia Law No. 18 of 2013 concerning the prevention and eradication of forest destruction. In addition, law enforcement must be more consistent in this illegal logging, which aims to protect forests. from the destruction and damage to forests and the surrounding environment

Inheritance Development and Expiration Syamwil, Ahmad Nizar Mohammad; Safitri, Dian
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 1 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i1.29115

Inheritance law in Indonesia remains pluralistic due to the lack of a unified national inheritance law. Consequently, three legal systems apply: Western inheritance law, Islamic inheritance law, and customary inheritance law. This paper aims to analyze the development of inheritance law, particularly Islamic inheritance law, in court decisions in Indonesia and to examine the concept of statute of limitations in civil law. The method used is a normative juridical approach by examining statutory regulations, the Compilation of Islamic Law, and court jurisprudence. The study's findings indicate that Islamic inheritance law has been reformed through court decisions, reflecting judicial ijtihad (intelligible text) to address social dynamics. These reforms include the recognition of substitute heirs, the status of daughters who may hinder siblings, the implementation of mandatory wills, the granting of rights to children or adoptive parents, and the allocation of a portion to heirs of different faiths through wills or gifts. Furthermore, the principle of deliberation in inheritance distribution has been incorporated to achieve more flexible justice. On the other hand, the concept of a statute of limitations in civil law plays a crucial role as a means of acquiring rights or releasing obligations due to the lapse of a certain period. A statute of limitations can result in the loss of the right to sue in inheritance disputes if it is not exercised within the legally prescribed timeframe.

Discrimination of Men as Victims of Sexual Harassment from the Perspective of Law Number 12 Of 2022 and Gender Imamuddin, Imamuddin; Nasution, Bunga Putri Ayu
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v2i1.29054

Sexual violence is commonly associated with female victims, while cases involving male victims often receive limited attention due to social stigma, gender stereotypes, and perceptions of masculinity. This study aims to analyze discrimination against male victims of sexual violence from a gender equality perspective and examine legal protection mechanisms available under Indonesian law. The research applies a normative qualitative method through literature studies by reviewing books, journals, legal regulations, government reports, and media publications related to gender theory and sexual violence. Data validity was ensured through comparison and analysis of multiple sources. The findings indicate that male victims of sexual violence continue to experience discrimination in reporting processes, access to legal protection, and social acceptance. Gender stereotypes positioning men as strong and dominant contribute to the underreporting of cases and inadequate support systems. Although Law Number 12 of 2022 concerning Sexual Violence Crimes provides legal protection and recognizes victims’ rights to assistance, rehabilitation, and justice, implementation remains insufficiently inclusive toward male victims. Existing complaint services and legal mechanisms also tend to prioritize women and children. Therefore, strengthening gender-responsive legal frameworks, increasing public awareness, improving law enforcement sensitivity, and expanding psychological and social support systems are necessary to ensure equal protection for all victims regardless of gender. The study concludes that achieving gender equality in handling sexual violence requires inclusive legal reform and the elimination of discriminatory perceptions toward male victims to create a more equitable justice system in Indonesia.

The Dynamics of Enforcement of State Administrative Law through the PTUN in Realizing Good Governance in Indonesia Siregar, Khairunnisa; Maylisandi, Livia
AT-TAFAHUM: Journal of Islamic Law Vol 4, No 2 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v4i2.29140

The enforcement of state administrative law (PTUN) is a crucial element in realizing good governance and ensuring the implementation of the principles of the rule of law as mandated by the 1945 Constitution. This study aims to analyze in depth the concept of PTUN, its implementation mechanisms, factors that influence its effectiveness, as well as obstacles and innovative solutions in the Indonesian context. A normative juridical approach is used by reviewing legal literature, laws and regulations such as Law No. 30 of 2014 concerning State Administration and Law No. 5 of 1986 concerning PTUN (as amended), as well as state administrative law doctrine. The results of the study reveal that PTUN is not limited to the imposition of administrative sanctions alone, but includes preventive dimensions (prevention through education), corrective (improvement of procedures), and repressive (action through the courts). The main mechanisms include the application of general principles of good governance (AUPB) such as legality, proportionality, and legitimate trust, the legitimate use of discretionary authority, orderly administrative procedures, and legal remedies through the State Administrative Court (PTUN) and supervisory institutions such as the Ombudsman. However, in practice, these challenges face serious obstacles, such as low legal awareness among state civil servants (ASN) and the public, overlapping regulations between laws, a weak internal-external oversight system, and structural corruption that undermines institutional independence. External factors such as disparities in regional resources also exacerbate the situation. Therefore, strategic solutions are proposed in the form of regulatory harmonization through revisions to the omnibus law, increasing ASN professionalism through ongoing training, transparency in public services through digital platforms, and strengthening the role of civil society and the media in participatory oversight. With this implementation, the PTUN is expected to create a transparent, accountable, responsive, and just government, in line with the vision of Golden Indonesia 2045.

The Role of the International Court of Justice in Resolving Disputes Between Countries Al-Ghifari, Abi Dzar; Azmi, Muhammad Rafi Indra
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.v4i1.29282

The International Court of Justice (ICJ) is the principal organ of the United Nations, authorized to peacefully resolve disputes between states. This study aims to analyze in depth the role, function, and effectiveness of the International Court of Justice in resolving international disputes. The research method used is normative legal research with a conceptual approach, legislation, and case studies. The results show that the International Court of Justice has made a significant contribution to maintaining global stability through legal dispute resolution, although it still faces various challenges such as limited jurisdiction and low levels of state compliance with its decisions. Going forward, the International Court of Justice has the opportunity to expand its role in global issues such as environmental disputes, human rights, and maritime conflicts.

The Criminal Acts of Qisas and Diyat from the Perspective of Islamic Law Munthe, Hasan; Marpaung, Zaid Alfauza
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 1 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i1.29104

This study aims to analyze the concept of qisas and diyat crimes from an Islamic legal perspective and their relevance in the context of modern law. Qisas is a form of punishment that is proportionate to the perpetrator of a crime, especially regarding the loss of life and body parts, while diyat is compensation or restitution given to the victim or the victim's family as an alternative to implementing qisas. Both concepts have a strong legal basis in the Qur'an and Hadith, which shows that Islamic criminal law has systematically regulated the protection of the right to life. The research method used is normative legal research with a conceptual and legislative approach. The data used are secondary data obtained through literature studies, including primary, secondary, and tertiary legal materials. Data analysis was conducted qualitatively by interpreting and reviewing various relevant legal sources. The research results show that qisas and diyat not only function as sanctions, but also embody the values of justice, humanity, and balance. Qisas provides a deterrent effect and ensures justice for the victim, while diyat opens up space for a more peaceful resolution through forgiveness. In the context of modern law, the concept of diyat shares similarities with the restorative justice approach, which emphasizes restoring the relationship between the perpetrator and the victim. Therefore, the values embodied in qisas and diyat remain relevant for study and can serve as a reference in developing a more humane and just criminal law.

Prevention Effortsonline Gambling Crimes Among Students of the State Islamic University of North Sumatra According to the Views of Law Lecturers of the Faculty of Sharia and Law Siregar, Khairunnisa; Naslim, Nazwa Sabrina
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 1 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i1.29052

This study aims to analyze efforts to prevent the increasingly widespread crime of online gambling among students based on the perspectives of law lecturers at the Faculty of Sharia and Law. The rapid development of digital technology and internet accessibility has contributed to the rising prevalence of online gambling activities, particularly among young people and university students. This phenomenon poses serious concerns due to its negative consequences on academic performance, financial stability, mental health, and social behavior. The study highlights various adverse impacts of online gambling, including cheating, exploitation, fraud, addiction, and involvement in criminal activities. Furthermore, it examines the factors influencing the effectiveness of prevention and eradication efforts, encompassing legal regulations, law enforcement mechanisms, socio-cultural conditions, community participation, educational awareness, and supporting infrastructure. This research employs a qualitative approach by exploring the views and legal perspectives of lecturers specializing in law and Islamic legal studies. The findings reveal that strengthening legal awareness, improving law enforcement, enhancing digital literacy, and promoting preventive education among students are essential strategies in combating online gambling practices. The implementation of positive law and criminal law enforcement is considered crucial in creating deterrent effects and protecting students from the harmful influence of online gambling. In addition, collaboration between educational institutions, families, government agencies, and society is necessary to develop comprehensive prevention measures. This study is expected to contribute as a reference for policymakers and educational institutions, particularly within the State Islamic University of North Sumatra, in formulating effective policies and strategies to prevent online gambling crimes among students and foster a safer academic environment.

Law No. 32 of 2009 concerning PPLH as an Instrument for Limiting the Utilization of Natural Resources from the Perspective of Maqāṣid al-Syari’ah Ahmad, Upi Sopiah
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v2i1.29078

The use of natural resources in development practices often raises issues of pollution and environmental damage when legal restrictions are understood solely procedurally and administratively. Law Number 32 of 2009 concerning Environmental Protection and Management places environmental planning as the foundation of management, particularly through the provisions in Article 10. However, this provision is still often read in a formalistic manner so that its normative function as an instrument for limiting the use of natural resources has not been optimized. This article aims to analyze the position of Article 10 of Law No. 32 of 2009 from the perspective of maqāṣid al-syarī'ah, with an emphasis on the principle of preventing damage (dar' al-mafāsid), in order to emphasize the orientation of environmental protection and human safety. This study uses a normative legal research method with a statutory and conceptual approach. The primary legal material in the form of Law No. 32 of 2009, especially Article 10, is reviewed together with relevant Islamic legal sources, and supported by maqāṣid literature and contemporary environmental law studies as secondary legal materials. The research results show that Article 10 not only functions as an administrative planning norm, but also contains preventive content that aligns with the objectives of the maqāṣid al-syarī'ah, particularly the protection of life and the public welfare. Thus, Article 10 can be positioned as a normative meeting point between national environmental law and the basic principles of Islamic law in limiting the sustainable use of natural resources.

North Sumatra Regional Police Policy In Eradicated Human Trafficking Using Online Prostitution Mode Aminudin, Aminudin; Siswoyo, Chaisyah Aliffah
AT-TAFAHUM: Journal of Islamic Law Vol 4, No 2 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v4i2.29173

Human trafficking is a punishable offense involving acts of violence, intimidation, or abhorrent behavior, kidnapping, imprisonment, forgery, and other crimes such as recruitment, transportation, harboring, and shipping. This study examines the policies implemented by the North Sumatra Regional Police in eradicating human trafficking through online prostitution. The importance of this research lies in the fact that human trafficking is a serious violation of humanity. The practice of human trafficking through online prostitution is increasingly rampant in Indonesia, especially in North Sumatra. Therefore, the role of all levels of society and state institutions in the legal field is needed to take decisive action to eradicate human trafficking through online prostitution. It is hoped that this article will encourage the police, especially in the North Sumatra region, to apply these findings to formulate measures against human trafficking through online prostitution, which is a crucial aspect of investigations.

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Contact Name
-

Contact Email
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Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota medan,

Sumatera utara

INDONESIA