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Implementation of the Basic Principles of State Administrative Justice in Ensuring Legal Certainty in Indonesia Darwin Wibowo Sihombing; Fitri Amanda Hasibuan
AT-TAFAHUM: Journal of Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v4i1.29348

The State Administrative Court (PTUN) plays an important role in the Indonesian legal system as a means of legal protection for the public against government actions. The existence of the PTUN is an implementation of the principles of the rule of law (rechtsstaat) and the rule of law, which emphasizes that every government action must be based on law and can be tested legally. The PTUN was established based on Law Number 5 of 1986 which has been amended through Law Number 9 of 2004 and Law Number 51 of 2009. In its implementation, the PTUN not only functions as an institution for resolving administrative disputes, but also as an instrument for monitoring the actions of public officials to prevent abuse of authority. This paper aims to explain the meaning of the main principles in the PTUN, identify the types of principles that apply, and analyze their application in the practice of state administrative justice. The method used is a normative approach by reviewing laws and regulations, legal doctrines, and related literature. The discussion results show that the basic principles of the PTUN, such as the presumption of justice, the principle of simple, fast, and low-cost justice, the principle of judicial objectivity, and the principle of transparency, play a fundamental role in ensuring justice, legal certainty, and the protection of citizens' rights. In practice, these principles serve as guidelines for examining, adjudicating, and deciding state administrative disputes. Therefore, the application of the basic principles of the PTUN is crucial for the effectiveness of administrative justice in realizing justice and controlling government actions.

The Historical Evolution of Qawaid Fiqhiyyah and Its Relevance as a Legal Maxim in the Perspective of General Law Purnama Wahyuni; Habib Al-Rabith Naslim
AT-TAFAHUM: Journal of Law Vol 3, No 1 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v3i1.29131

The principles of Islamic jurisprudence (Qawa'id Fiqhiyyah) play a crucial role as guidelines for Islamic law in addressing various contemporary issues amidst the limited number of texts of the Qur'an and Sunnah quantitatively. This study aims to examine the period of formation and development of the principles of Islamic jurisprudence and analyze their relationship with the concept of *legal maxim in the context of general law. Through literature study, it was found that the development of the principles of Islamic jurisprudence is divided into three main periods: the birth period (the time of the Prophet, Companions, and Tabi'in), the codification period (4th century AH to the golden age in the 8th century AH), and the refinement period culminating in the compilation of Majallat Al-Ahkam Al-Adliyyah in the 13th century AH. The analysis shows a strong relevance between the basic principles of Islamic jurisprudence and general legal principles, such as the relationship between the principle of "Al-umur bi maqasidiha" and the concept of mens rea in criminal law, and the principle of "Al-yaqin la yuzal bi asy-syakk" with the principle of proof in court. The research results conclude that the rules of Islamic jurisprudence function as legal maxims that provide a universal framework for legal practitioners in resolving disputes and formulating legal norms.

Choice Of Law dalam Penerapan Pembagian Harta Warisan Perspektif UU dan Fiqh Suhardiman Suhardiman
AT-TAFAHUM: Journal of Law Vol 10, No 1 (2026)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v10i1.30958

Hukum waris merupakan salah satu bagian dari hukum perdata secara keseluruhan dan merupakan bagian terkecil dari hukum keluarga. Hukum waris sangat erat kaitannya dengan ruang lingkup kehidupan manusia, sebab setiap manusia pasti akan mengalami peristiwa hukum yang dinamakan kematian. Akibat hukum yang selanjutnya timbul, dengan terjadinya peristiwa hukum kematian seseorang, diantaranya ialah masalah bagaimana pengurusan dan kelanjutan hak-hak dan kewajiban-kewajiban seseorang yang meninggal dunia tersebut.[1] Penyelesaian hak-hak dan kewajiban-kewajiban sebagai akibat meninggalnya seseorang, diatur oleh hukum waris.Hukum waris di Indonesia hingga kini masih sangat pluralistik (beragam). Di wilayah Negara Kesatuan Republik Indonesia berlaku bermacam-macam sistem hukum kewarisan, yakni hukum waris adat, hukum waris Islam dan hukum waris Barat yang tercantum dalam Burgerlijk Wetboek (BW). Keanekaragaman hukum ini semakin terlihat karena hukum waris adat yang berlaku pada kenyataannya tidak bersifat tunggal, tetapi juga bermacam-macam mengikuti bentuk masyarakat dan sistem kekeluargaan masyarakat Indonesia.

Optimizing Online Dispute Resolution (ODR) in Joint Property Dispute Resolution After Divorce in Indonesia Kamaluddin Pane
AT-TAFAHUM: Journal of Law Vol 10, No 1 (2026)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v10i1.30960

The settlement of joint property disputes after divorce in Indonesia is generally still pursued through litigation mechanisms in court, which in practice often takes a relatively long time, high costs, and has the potential to worsen the relationship between the parties. The development of information technology has given birth to Online Dispute Resolution (ODR) as an alternative dispute resolution that offers a faster, more efficient, and more flexible process. However, the implementation of ODR in resolving joint property disputes in Indonesia still faces obstacles in the form of the absence of legal arrangements that specifically regulate the mechanisms, procedures, and legal force of online dispute resolution. This study aims to analyze the urgency of the implementation of ODR in resolving joint property disputes after divorce and examine efforts to optimize its application in a positive Indonesian legal perspective. This research uses normative legal research methods with a statutory approach and a conceptual approach. Legal materials are obtained through literature studies consisting of primary, secondary, and tertiary legal materials, then analyzed qualitatively by descriptive-analytical methods. The results of the study show that although Indonesia's positive law has not comprehensively regulated ODR, the provisions in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, Law Number 11 of 2008 concerning Information and Electronic Transactions and its amendments, and Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court provide a normative basis for the use of technology in dispute resolution. Optimizing ODR requires harmonizing regulations, strengthening the capacity of mediators, and providing digital platforms that ensure legal certainty, data security, and protection of the rights of parties. Thus, ODR has the potential to become a complementary mechanism in resolving joint property disputes that is able to realize the principle of simplicity, fast, low-cost, and expand access to justice.

Problems of Mediation Implementation in Divorce Case Settlement at the Medan Religious Court Afriansyah Afriansyah
AT-TAFAHUM: Journal of Law Vol 10, No 1 (2026)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v10i1.30964

Mediation is a dispute resolution mechanism that must be taken before the examination of the subject matter in court as an effort to realize a peaceful settlement of disputes. Although it has been regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts, the success rate of mediation in divorce cases in Religious Courts is still relatively low. This study aims to analyze the problems of the implementation of mediation in the settlement of divorce cases at the Medan Religious Court and examine efforts to optimize its implementation. This research uses an empirical legal research method with an empirical juridical approach. Primary data was obtained through interviews with mediator judges of the Medan Religious Court, while secondary data was obtained through literature studies of laws and regulations, books, and scientific articles related to mediation. All data were analyzed qualitatively using a descriptive-analytical method. The results of the study showed that the low success rate of mediation was influenced by long-standing domestic conflicts, the strong desire of the parties to divorce, the perception of the public that considered mediation as a procedural formality, and the limited time of mediation implementation. This study also found that the effectiveness of mediation is not only determined by the existence of regulations, but also influenced by the competence of the mediator, institutional readiness, and legal awareness of the parties. Optimizing the implementation of mediation can be done through increasing the capacity of mediators, using mediation time more effectively, and strengthening legal education to the public through synergy between the Supreme Court, Religious Courts, and the Office of Religious Affairs. Thus, mediation can function optimally as a dispute resolution instrument that supports the realization of a simple, fast, low-cost, and peace-oriented judiciary.

Criminal Liability for the Forgery of Marriage Requirements Documents in Indonesia's Positive Legal Perspective Yoyok Adi Syahputra
AT-TAFAHUM: Journal of Law Vol 10, No 1 (2026)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v10i1.30956

Forgery of marriage requirements documents is an act that not only disturbs the order of marriage administration, but also has the potential to cause legal consequences for the validity of the marriage as well as the rights and obligations of the parties. In practice, there are still various forms of identity forgery and administrative documents used as a condition for marriage registration, raising problems regarding the application of criminal liability to the perpetrators. This study aims to analyze the form of criminal liability for perpetrators of falsification of marriage requirement documents based on Indonesia's positive law and examine the problems of law enforcement. This research uses normative legal research methods with a statutory approach and a conceptual approach. Legal materials were obtained through literature studies which included primary, secondary, and tertiary legal materials, then analyzed qualitatively using descriptive-analytical methods. The results of the study show that falsification of marriage requirements documents can be held criminally liable if the elements of the crime are met, there is a mistake in the perpetrator, and no justification or forgiving reason is found. Law enforcement against these criminal acts still faces various obstacles, including differences in perception in distinguishing administrative violations and criminal acts, weak coordination between agencies, and the suboptimal system for verifying marriage administrative documents. Therefore, strengthening criminal accountability needs to be carried out through consistent application of the law, strengthening coordination between agencies, digitizing the marriage administration system, and increasing public legal awareness. These efforts are expected to provide legal certainty, protect the integrity of marriage administration, and prevent falsification of marriage requirements documents in Indonesia.

Comparative Analysis of Divorce in the Perspective of Islamic Law and Indonesian Positive Law Muniruddin Ritonga
AT-TAFAHUM: Journal of Law Vol 10, No 1 (2026)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v10i1.30966

Divorce is a form of marital breakdown that is recognized in Islamic law and positive law in Indonesia. Although they have the same goal as a last resort in resolving domestic conflicts, the two legal systems have differences in setting legal terms, procedures, and consequences. This study aims to analyze divorce arrangements from the perspective of Islamic law and positive Indonesian law and examine their legal implications on the rights and obligations of the parties after divorce. The research uses normative legal methods with a legislative approach and a conceptual approach. Legal materials are obtained through literature studies which include laws and regulations, Compilations of Islamic Law, books, and scientific journals related to marriage law. All legal materials are analyzed qualitatively using descriptive-analytical methods. The results of the study show that Islamic law and positive law in Indonesia both place divorce as a last resort after peace cannot be realized. The difference lies in the implementation mechanism, where Indonesia's positive law requires that every divorce be decided through a Religious Court as a form of legal protection for the parties. Research also shows that divorce has legal consequences for child custody, alimony, and the rights and obligations of ex-spouses. Therefore, the harmonization between the principles of Islamic law and positive Indonesian law is an important factor in realizing legal certainty, justice, and protection of the rights of the parties after divorce.

Consumer Dispute Resolution Danang Dermawan
AT-TAFAHUM: Journal of Law Vol 10, No 1 (2026)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v10i1.30967

Consumer disputes arise when consumers suffer losses due to violations of their rights by business actors in the provision of goods and services. Although litigation remains a formal mechanism for dispute resolution, court proceedings are often considered time-consuming, costly, and less effective in maintaining the relationship between the disputing parties. Consequently, Indonesian consumer protection law recognizes non-litigation dispute resolution as an alternative mechanism that emphasizes efficiency, fairness, and consensus. This study aims to examine the implementation of non-litigation consumer dispute resolution in Indonesia and to analyze the role of the Consumer Dispute Settlement Agency (Badan Settlement Disputes Consumer/BPSK) in resolving disputes between consumers and business actors. The research employs a normative juridical method using a statutory and conceptual approach. Data were collected through library research by analyzing legislation, legal doctrines, and relevant scholarly literature concerning consumer protection and alternative dispute resolution. The findings indicate that BPSK serves as a specialized institution authorized to resolve consumer disputes through mediation, arbitration, and conciliation. These mechanisms provide several advantages, including faster procedures, lower costs, confidentiality, procedural flexibility, and the preservation of harmonious relationships between the parties. The study further reveals that BPSK plays a significant role in ensuring access to justice for consumers while promoting legal certainty and encouraging business actors to conduct their commercial activities responsibly. Nevertheless, the effectiveness of non-litigation dispute resolution remains dependent upon the willingness of the parties to participate in good faith and comply with the resulting agreements or decisions. Therefore, strengthening the institutional capacity of BPSK and increasing public awareness of consumer rights are essential to enhancing the effectiveness of consumer protection in Indonesia.

The Authority of Religious Courts in Resolving Sharia Economic Disputes in Indonesia Romel Tarigan
AT-TAFAHUM: Journal of Law Vol 10, No 1 (2026)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v10i1.30962

The development of the sharia economy in Indonesia has increased the need for a dispute resolution system that is able to provide legal certainty in accordance with sharia principles. The expansion of the authority of the Religious Courts through amendments to the Religious Courts Law is an important foundation in resolving sharia economic disputes. This research aims to analyze the legal basis of the authority of the Religious Courts in resolving sharia economic disputes and to examine the effectiveness of the implementation of this authority in providing legal protection for the parties. The research uses normative legal research methods with a legislative approach and a conceptual approach. Legal materials are obtained through literature studies consisting of laws and regulations, books, scientific journals, and other literature related to sharia economics and Religious Courts. All legal materials are analyzed qualitatively using descriptive-analytical methods. The results of the study show that the authority of the Religious Court in resolving sharia economic disputes has provided legal certainty regarding the institution authorized to adjudicate disputes arising from transactions based on sharia principles. However, the effectiveness of its implementation is still influenced by the quality of human resources, the complexity of sharia economic transactions, and the need for institutional capacity building. Therefore, strengthening the competence of judges, optimizing mediation mechanisms, and improving coordination between institutions is an important step in increasing the effectiveness of resolving sharia economic disputes through the Religious Court. Thus, the Religious Court has a strategic role in supporting the development of the sharia economy and providing legal certainty for the community.

Shadaqah Obligah as a Reconstruction of the Settlement of Inheritance Disputes Between Daughters and Brothers of the Heirs in the Perspective of Islamic Inheritance Law in Indonesia FERY DINANTA GINTING
AT-TAFAHUM: Journal of Law Vol 10, No 1 (2026)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v10i1.30963

Disputes over the distribution of inheritance between daughters and heiress brothers are still one of the issues that often cause conflict in the practice of Islamic inheritance law in Indonesia. The difference in views between classical jurisprudence, the Compilation of Islamic Law (KHI), and the jurisprudence of the Supreme Court has led to the lack of uniformity in the settlement of the case. On the one hand, Sunni jurisprudence gives the right to a brother as an 'ashabah when the heir only leaves a daughter, while on the other hand, the development of Supreme Court jurisprudence places girls as heirs who can hijab the heir's brother. These differences not only cause legal uncertainty, but also trigger disharmony in family relationships. This study aims to analyze the development of regulations regarding the position of girls to male heirs in Islamic inheritance law in Indonesia and offers a settlement model that is more oriented towards substantive justice and family benefits. The research uses normative legal research methods with a statutory approach, a conceptual approach, and a case approach through an analysis of the Compilation of Islamic Law, Supreme Court decisions, classical jurisprudence literature, and contemporary Islamic legal doctrines. The data was analyzed qualitatively using the theory of maslahah and maqāṣid al-syarī'ah as the analysis knife. The results of the study show that both the classical fiqh approach and the Supreme Court's jurisprudence approach have not been fully able to resolve the social conflicts that arise in the practice of inheritance distribution. Therefore, this study offers a reconstruction of dispute resolution through the concept of obligatory shadaqah, which is the giving of part of the property to the heir's brother not as an inheritance right, but as a form of giving based on the principles of benefit, propriety, and family sincerity. The model is able to maintain a balance between legal certainty, substantive justice, and harmony of family relations without changing the normative provisions regarding inheritance that have been established in Islamic law.

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Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota medan,

Sumatera utara

INDONESIA