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Revitalizing Customary Law as a Source of Law in Building the Indonesian Legal System Nasution, Wahida Ariyanti; Daulay, Luthfi
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.v10i1.29251

The neglect of customary law as a source of law in Indonesia is partly due to the assumption that customary law is very traditional and cannot accommodate modern developments (globalization and technology). This study examines which areas of customary law are still relevant in addressing the problems faced by the Indonesian nation in the era of globalization, and how urgent customary law is as a basis for national legal development policies. This study uses a descriptive analytical research method with a normative juridical approach, where data and information will be collected both in terms of its assessment and management are carried out interdisciplinary and multidisciplinary and cross-sectoral. The data and information are then analyzed in depth through normative juridical to obtain a picture of customary law. The results of the study indicate that some customary legal institutions, including inheritance law, customary rights, mortgages, rent, and profit sharing, are still relevant and can be a source of inspiration for the formation of national law and become a source of law in the process of legal discovery. In addition, the existence of these institutions can be used as a reference in the formation of national law and play an important role as a source in the process of legal discovery in Indonesia.

Employment Law Politics in Indonesia Fernanda, Muhammad Ramzy; Ramzy, Muhamad
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.v8i2.29183

This study aims to analyze the legal politics of employment in Indonesia in relation to labor protection and the dynamics of applicable legal policies. Legal politics of employment is the direction of state policy in regulating the relationship between workers, employers, and the government in order to realize social justice and public welfare. The research method used is normative legal research with a statutory regulatory approach, a conceptual approach, and analysis. Data were obtained through a literature review covering primary, secondary, and tertiary legal materials. The results of this study indicate that, legally applicable normatively, labor regulations in Indonesia have been regulated in Law No. 13 of 2003, which has been updated by Law No. 11 of 2020 and Law No. 6 of 2023 concerning Job Creation. However, in its implementation, various problems remain, such as weak supervision, unequal positions between workers and employers, and suboptimal labor protection, especially in flexible work systems such as fixed-term employment agreements (PKWT), outsourcing, and digital platform-based workers. Furthermore, employment policies also demonstrate a trade-off between the interests of worker protection and investment. Therefore, more adaptive, equitable legal policies are needed that provide optimal protection for workers without neglecting national economic growth.

Regional Autonomy and Regional Government Hakim, Abdul; Hasibuan, Fadil Almahdy
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.v7i2.29041

Regional autonomy is a crucial pillar of the Indonesian government system, aiming to grant local governments the authority to regulate and manage government affairs based on local potential and needs. The implementation of regional autonomy is expected to improve the effectiveness of governance, the quality of public services, and promote equitable development across regions. However, the implementation of regional autonomy still faces various challenges, particularly in institutional capacity, fiscal independence, and coordination between the central and regional governments. This study aims to examine the concept, legal basis, implementation, and challenges and efforts to strengthen regional autonomy within the Indonesian regional government system. The research method used is library research with a normative juridical approach, emphasizing the study of relevant laws and regulations and scientific literature. The research stages include the collection of primary and secondary legal materials, qualitative analysis through legal interpretation, and the systematic compilation of the study results. The results indicate that regional autonomy has provided space for local governments to exercise authority more independently, particularly in public services and regional development. However, the effectiveness of its implementation is still influenced by limited human resources, fiscal dependence, and weak oversight. Therefore, it is necessary to strengthen institutions, increase fiscal capacity, and maintain sustainable synergy between the central and regional governments so that the goals of regional autonomy can be achieved optimally.

Women's Rights as Human Rights: A Critique of the Patriarchal Perspective in the Legal System and Its Implementation in Indonesia Suwandi, Suwandi; Quraeny, Ghina Angelina
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.v6i2.29031

This study examines women's rights as part of human rights within the Indonesian legal system. Although Indonesian law provides protection for women, its implementation still faces numerous obstacles. The study finds that the existing human rights system tends to be masculine and patriarchal, often ignoring issues of violence and discrimination within the domestic sphere. The persistent patriarchal culture in Indonesia is a major obstacle hindering the achievement of gender equality. It analyzes the various obstacles women face in participating in public life, particularly in politics and government, including direct, fundamental, and structural barriers. This study uses normative legal methods by analyzing various national and international legal instruments, academic literature, and related secondary data. The results indicate that improvements in legal implementation, changes in patriarchal culture, women's empowerment, and institutional reform are needed to truly achieve gender equality. This article also provides a comprehensive understanding of the complexity of women's rights issues and offers strategic recommendations for improving the system as a whole.

Analysis of the Hadith on the Crime of Sariqah From the Perspective Of Criminal Law (Hudud) Wardani, Sri Rizki; Zaviril, Yasmin Raihanah
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.v5i2.29194

This study aims to analyze hadiths related to the crime of sariqah (theft) from the perspective of jinayah law, specifically in the category of hudud. Sariqah is a criminal act in Islamic law that has strict sanctions, as regulated in the Qur'an and clarified through the hadith of the Prophet Muhammad SAW. The research method used is qualitative research with a normative approach, namely through a literature study of hadith sources and jinayah fiqh literature. The results of the study indicate that the application of hudud punishment to perpetrators of sariqah cannot be done immediately, but must meet certain conditions, such as fulfilling the nisab, the presence of an element of intent, and the absence of doubts. The hadiths that discuss sariqah provide detailed explanations regarding the limitations, criteria, and conditions that influence the determination of punishment. Thus, hudud law in the case of sariqah is not only repressive, but also reflects the principles of justice, prudence, and protection of individual rights in society. This research is expected to provide a more comprehensive understanding of the concept of sariqah in the hadith and its relevance in the study of Islamic criminal law.

Corruption as an Extraordinary Crime: A Historical and Legal Study in the Indonesian Legal System Baqi, Ahmad; Azizi S., Arya Farhan
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.v8i1.29155

This paper aims to understand the history of corruption regulation through legal, historical, and international approaches. Corruption in Indonesian positive law is regulated by Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, which covers various forms such as bribery, gratuities, and abuse of authority. In addition, an international perspective through the UNCAC and the views of experts emphasize that corruption is the abuse of power for personal gain. History shows that corrupt practices have existed since ancient civilizations and continue to develop into the modern era. In Indonesia, corruption regulations have developed from the colonial period, the Old Order, the New Order, to the reform era marked by the establishment of the Corruption Eradication Commission (KPK). Globally, the principles of transparency, accountability, and good governance are the main foundations for eradicating corruption. Thus, corruption regulations continue to develop in order to create a clean and integrated government.

Hadith About Jinayah Qishash (Murder and Persecution) Baqi, Ahmad; Marpaung, Zakaria Ahmad
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.v9i1.29205

This study examines hadiths related to qisas (retribution for murder and assault), a criminal act involving murder and assault from an Islamic legal perspective. The purpose of this study is to analyze the content of the hadith, its historical context, and its relevance to the application of qisas law. The method used is a literature study with a normative approach, through a review of hadith books and classical and contemporary fiqh literature. The results show that the hadiths on qisas emphasize the principle of justice, balance between the rights of victims and perpetrators, and open up room for forgiveness as an alternative solution. Furthermore, the concept of qisas in the hadith functions not only as a form of punishment but also as a preventive measure to protect human life. Thus, understanding the hadiths on qisas (retribution for murder) is crucial in building a just and welfare-oriented legal system.

Regulation of Workers Rights and Obligations in Labor Law Siregar, Khairunnisa; Aisya, Alya
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.v7i1.29179

This study examines the provisions regarding workers' rights and obligations as stipulated in the Manpower Law as a basis for establishing fair and balanced employment relationships. This research is motivated by various employment practices that are detrimental to workers, including inappropriate wage payments, excessive working hours, and suboptimal social security coverage. This situation emphasizes the importance of understanding legal provisions that regulate the proportional status of workers and employers. The purpose of this study is to analyze the forms of regulation of workers' rights and obligations in legislation and their impact on legal certainty in employment relationships. The method used is normative legal research with a legislative and conceptual approach, conducted through a literature review of primary, secondary, and tertiary legal materials. The research stages include collecting legal materials, categorizing legal norms, and systematic analysis of relevant provisions. The results show that the Manpower Law has regulated various workers' rights, such as the right to a decent wage, regulation of working hours and rest periods, protection of occupational safety and health, and employment social security. In addition, workers are also obligated to perform their work in accordance with their employment agreement, comply with company regulations, and maintain a professional attitude in the work environment. These regulations are expected to foster harmonious working relationships, prevent industrial disputes, and enhance legal protection for both workers and employers.

Application of the Money Laundering Law to Corruption Crimes Wardani, Sri Rizki; Siregar, Galih Pratama
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.v6i1.29138

This study examines the application of the Anti-Money Laundering Law (AML) in handling corruption in Indonesia. Corruption not only results in state financial losses but is also often accompanied by perpetrators' attempts to conceal the proceeds of crime through money laundering mechanisms. Therefore, the AML Law plays a strategic role as a legal instrument in tracing, freezing, and confiscating assets resulting from criminal acts. This study uses a normative juridical method with a statutory approach and case analysis. The results show that the application of the AML Law can broaden the scope of law enforcement, not only against the main perpetrators but also parties involved in the flow of illegal funds. In addition, the reverse burden of proof mechanism makes it easier for law enforcement officials to identify irregularities in the perpetrators' assets. However, its implementation still faces various obstacles, such as weak coordination between institutions and the complexity of tracking financial transactions. Therefore, optimizing the application of the AML Law is necessary to increase the effectiveness of corruption eradication and support the recovery of state losses.

Analysis Of The Islamic Legal Paradigm In Studying Monogamy, Polygamy And Divorce Meknesya, Chifa Azyana Adly; Hidayat, Muhammad
AT-TAFAHUM: Journal of Islamic Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v5i1.29056

This article examines contemporary Islamic legal perspectives on monogamous and polygamous marriages, as well as the processes and underlying reasons for divorce within the framework of modern Islamic jurisprudence. In everyday life, marital relationships frequently encounter various social, economic, and emotional challenges, prompting individuals to navigate between monogamy as the ideal normative model and polygamy as a conditionally permissible practice under sharia. At the same time, divorce emerges as a complex phenomenon influenced by multiple factors, including incompatibility, economic hardship, and moral considerations. The study aims to explore the views, arguments, and proposed solutions of contemporary Islamic scholars in addressing these issues. Employing a qualitative bibliographic approach, this research draws upon classical fiqh literature alongside the interpretations and analyses of modern scholars, thereby bridging traditional doctrines with current socio-cultural realities. This method allows for a comprehensive understanding of how Islamic legal thought evolves in response to changing contexts. The findings reveal that contemporary Islamic law promotes a balanced, just, and context-sensitive approach to marital issues. Monogamy is strongly encouraged as the ideal form of marriage due to its alignment with principles of fairness and stability. Polygamy, while permitted, is strictly regulated and only justified under compelling circumstances, with the absolute requirement of justice among spouses. Furthermore, divorce is regarded as a last resort, permissible only after all efforts toward reconciliation, mediation, and mutual understanding have been thoroughly exhausted.

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Contact Name
-

Contact Email
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Phone
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Journal Mail Official
-

Editorial Address
-

Location
Kota medan,

Sumatera utara

INDONESIA