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Implementation Of Islamic Values In The 2019 Election In Indonesia Qadriah, Fauza; Siswoyo, Raihansyah Hafidz
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.v4i2.29127

This paper examines issues related to Islamic politics within the context of a culturally diverse country, particularly Indonesia, where religion and politics often intersect in shaping social and governmental structures. In Islamic perspectives, politics functions as an instrument to maintain justice, social harmony, and public welfare. However, many people perceive politics negatively, associating it with power struggles, manipulation, and practices inconsistent with moral or religious values. Consequently, politics is often viewed as something that should be avoided, despite its significant role in religious and societal life. This condition raises important questions regarding how the quality and implementation of Islamic political values influence the electoral system in Indonesia. The rapid development of Islamic political discourse, accompanied by various interpretations and hypotheses, indicates that politics grounded in Islamic principles should reflect justice, equality, deliberation, and the protection of rights for all members of society. Therefore, understanding the relationship between Islamic politics and democratic processes becomes increasingly important in contemporary Indonesia. This study employs a normative-sociological approach by analyzing legal norms alongside social realities through exploratory methods. Data were obtained from interviews with informants and supported by secondary sources, including books, scientific journals, and other academic literature. The findings are expected to provide a broader understanding of the role of Islamic political values in strengthening democratic practices and promoting a fair and inclusive electoral system in Indonesia.

Law Enforcement Against Defamation Perpetrators Through Instagram Social Media Hidayah, Nur; Simanjuntak, Annisa Larasati
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i2.29092

The rapid development of information and communication technology has significantly influenced social interaction and public communication through digital platforms, including social media such as Instagram. While technological advancement provides many benefits, it also creates opportunities for misuse, including defamation and insults committed through electronic media. Defamation on social media can harm a person’s honor, reputation, and psychological well-being, making it an important legal issue in Indonesia. This study aims to analyze the implementation of criminal sanctions against perpetrators of defamation through Instagram, identify factors inhibiting law enforcement, and examine legal protection provided to victims. This research uses a normative juridical approach with qualitative methods through literature studies by analyzing legislation, legal materials, and court decisions related to defamation and electronic information. The results show that criminal sanctions for defamation through social media are regulated under Article 27 paragraph (3) of the Electronic Information and Transactions Law and several provisions of the Criminal Code concerning defamation and slander. However, the enforcement of these regulations remains constrained by weak law enforcement, limited facilities, inadequate public legal awareness, and challenges in cybercrime investigations. Victims of defamation are entitled to legal protection through complaint mechanisms, witness and victim protection institutions, and content removal procedures within electronic systems. Therefore, stronger law enforcement, improved digital literacy, enhanced cyber investigation capacity, and greater public awareness are necessary to reduce cases of online defamation and ensure legal protection for victims in Indonesia’s digital environment.

Criminal Acts of Terrorism and Treason HM, Misdin Arifin; Hasibuan, Muhammad Hisam
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.v4i2.29174

Terrorism is an extraordinary crime that threatens state security and public order. Terrorism is defined as acts of violence or threats of violence against civilians with the aim of instilling fear and achieving political, ideological, or group interests. This phenomenon is not only related to criminal aspects but also encompasses social, psychological, and political dimensions. Terrorism is generally characterized by structured organization, high militancy, and the selection of strategic targets with broad impacts. In Indonesia, terrorism is regulated by Law Number 15 of 2003, which provides the legal basis for its enforcement and prevention. Factors contributing to terrorism include poverty, injustice, radicalism, and a weak governance system. The resulting impacts are complex, such as disruptions to political stability, security, and the economy, as well as increased public unrest. Therefore, countering terrorism requires a comprehensive approach through law enforcement and preventive measures.

Legal Understanding of Medan City Suburbs Regarding Employed Children Case Study Analysis in West Medan District Aminudin, Aminudin; Daulay, Muhammad Luthfi
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i2.29161

Indonesia as a state based on the rule of law guarantees the protection and fulfillment of human rights, including children’s rights and the right to decent work as regulated in the 1945 Constitution. However, despite legal protections, child labor remains a persistent issue influenced by economic, social, cultural, and environmental factors. Children who should spend their time learning, playing, and developing physically and mentally are often forced to work due to poverty, family pressure, cultural values, and limited legal awareness. This condition may expose children to exploitation, unsafe working environments, limited educational opportunities, and psychological as well as physical harm. This research aims to analyze legal protection for child laborers, factors causing children to work at an early age, psychological impacts experienced by child workers, and legal sanctions against employers who violate labor regulations. The study employs an empirical legal research method using observation and interviews supported by library research through primary legal materials, legislation, and secondary legal references. The findings indicate that economic hardship is the dominant factor encouraging child labor, while weak legal awareness and cultural acceptance also contribute significantly. Child labor negatively affects children’s physical growth, cognitive development, psychosocial conditions, and access to education. Indonesian laws, particularly Law Number 13 of 2003 concerning Manpower, provide protection and criminal sanctions against violations involving child labor. Therefore, strengthening legal enforcement, increasing public legal awareness, improving educational access, and enhancing government supervision are necessary to reduce child labor and ensure children’s rights are fully protected for sustainable social development.

Protection of the Defendant's Human Rights from a Fiqh Perspective (Ta'zir Study and Analysis of Adultery Perpetrators) Munthe, Hasan; Rezeki, M Zul Fadhlan
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.v4i1.29043

This paper examines the protection of the defendant's human rights from the perspective of Islamic jurisprudence (fiqh jinayah) by emphasizing the concept of ta'zīr and linking it to the analysis of adultery perpetrators. Islamic jurisprudence is not solely oriented towards punishment, but also upholds procedural and substantive justice through the application of the presumption of innocence, strict standards of proof, and the principle of proportionality in imposing sanctions. In adultery cases, Islamic law stipulates very strict evidentiary requirements, such as valid confessions or testimony that meets certain criteria, thus providing protection for the defendant from the possibility of wrongful conviction. This study uses a library research method with a normative-analytical approach to primary and secondary sources, including classical fiqh literature and relevant contemporary scientific works. The results of the study indicate that the concept of ta'zīr provides discretionary space for judges to impose sanctions that are educational, preventive, and proportional, especially when the elements of hudūd are not met in adultery cases. This discretion allows the judge to consider social conditions, the level of guilt, and the interests of the accused, so that Islamic jurisprudence not only functions as an instrument of law enforcement, but also as a means of protecting human dignity in line with the principles of human rights.

Legal Protection Against Cases of Blasphemy: An Analysis of Legal, Ethical, and Social Impact Aspects In the Context of Freedom Speech HM, Misdin Arifin; Musaddat, Anwar
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.v3i1.29063

The purpose of this study is to analyze the regulation and implementation of Criminal Law regarding the crime of blasphemy. The research method used in this study is a normative research method, namely. legal research, which is carried out to study the laws and regulations that apply to a particular legal problem. The results of this study indicate that Indonesia is a country that recognizes the existence of religion and divinity, therefore the first principle of Pancasila and the preamble to the 1945 Constitution of the Republic of Indonesia expressly state the recognition of divinity in different religions and beliefs. Therefore, everyone must adhere to a certain religious and belief system that is believed to be true. However, every religious community is obliged to maintain harmony between religious communities both in carrying out their religious worship and in implementing the laws they believe in. One of the actions that often causes conflict between religious communities is blasphemy. With the development of information and communication technology (informatics), satire against religion in various virtual media is widely spread both on social media and news media. In order to maintain harmony among religious communities, the government strictly implements the anti-blasphemy law based on various laws and regulations such as the Criminal Code and Law Number 11 of 2016 concerning amendments to Law Number 19 of 2008. Therefore, perpetrators of blasphemy who commit religious acts face the legal consequences of their actions.

Parents' Responsibilities Towards Child Support Owed From The Perspective Of Khi And Law Purba, Guvo Deswarth; Nasution, Febry Anggina
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.v3i1.29244

This study aims to investigate and analyze the legal responsibility of parents for child support debts from the perspective of the Islamic Law Code (KHI) and the Law. In this study, the researcher reviewed the definition and concept of support, the legal responsibility of parents in providing support to children, the period of parental responsibility, the economic capacity of parents, and the legal consequences that may be faced by parents who do not fulfill their support obligations. This study uses a document analysis method with reference to relevant articles in the KHI and the Law. The researcher also involved a comparative study between the perspectives of Islamic law and positive law to gain a more comprehensive understanding of the legal responsibility of parents for child support debts. The results of this study are expected to provide a deeper understanding of the legal responsibility of parents in providing support to children who are in debt. In addition, this study is also expected to provide guidance for legal practitioners, family experts, and the general public in understanding and handling cases related to the legal responsibility of parents for child support debts.

A Criminological Analysis of Homicide Committed by Husbands Against Their Wives Syamwil, Ahmad Nizar Mohammad; Sari, Dian Perwita
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.v2i1.29053

Cases of murder committed by husbands against wives are a serious problem in society. This study aims to analyze the factors causing the murder, as well as its impact on the victim's child. The method used is descriptive research using data from observations, documentation, and interviews with AKP Abner Saragih, one of the investigative teams handling the case. The results showed that the murder occurred due to jealousy and economic problems in the household. The perpetrator used a machete that had been prepared before hand, resulting in the death of his wife and serious injuries to the victim's child. The victim's children are currently being raised by the victim's family without their biological parents. The conclusion of this study is the need for serious handling of domestic homicide cases, as well as the importance of the role of law enforcement agencies in providing justice to victims. This research also provides suggestions for increasing public awareness about the importance of peaceful conflict resolution, as well as the need for psychological support for children who have been traumatized by a murder case in the family. It is hoped that the results of this study can provide a deeper understanding of the problem of domestic murder and contribute to preventing similar cases from occurring in the future.

Systematics of Civil Law In Indonesia and The Netherlands Hakim, Abdul; Arsalnah, Indri
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.v4i2.29165

This study examines the systematics of civil law in Indonesia and the Netherlands through a normative legal research approach. Civil law serves as the basic framework that regulates relationships between individuals in society. The Indonesian civil law system is historically rooted in Dutch law, specifically the Burgerlijk Wetboek (BW), which was introduced during the colonial period. However, over time, Indonesian civil law has evolved to accommodate elements of customary law and Islamic law, resulting in a legal system that is pluralistic and unique. This study uses a statutory approach, a comparative approach, and a conceptual approach, relying on primary, secondary, and tertiary legal materials collected through library research. The analysis is conducted qualitatively through legal interpretation and comparative methods to identify similarities and differences in the legal systems of the two countries. The results show that Indonesia still largely refers to the classical structure of civil law consisting of four books: on persons, objects, obligations, and evidence, which originated from the old Dutch BW. In contrast, the Netherlands has made significant reforms to its civil law system through the Nieuw Burgerlijk Wetboek, which adopts a more modern, flexible, and systematic approach. This study concludes that although both legal systems share a common historical basis, there are significant differences in terms of development and modernization. The Indonesian civil law system is still in a transitional stage, necessitating comprehensive legal reform to create a more adaptive, integrated, and responsive legal system to the needs of modern society.

Job Offers as A Mode of Human Trafficking Criminal Acts From the Perspectives of Positive Law and Islamic Law Rambe, Dinda Suciana; Kafi, Athaya Khalis
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i2.29089

It's important to note that Indonesia is one of the largest suppliers of migrant workers in Asia. Migrant workers are recruited through various means, including both legal (official) and illegal (smuggling) methods. The recruitment of illegal migrant workers has always been linked to slavery, which is one of the forms of human trafficking. In fact, human trafficking crimes have many forms and variations, generally carried out to extort and oppress victims for profit. Although various fundamental prevention strategies have been formulated and implemented, the social reality is that various obstacles are encountered in preventing human trafficking through the placement of migrant workers. Therefore, cooperation and synergy between all individual sectors, law enforcement agencies, and the government are needed.

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Contact Name
-

Contact Email
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Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota medan,

Sumatera utara

INDONESIA