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Revitalizing Customary Law as a Source of Law in Building the Indonesian Legal System Wahida Ariyanti Nasution; Luthfi Daulay
AT-TAFAHUM: Journal of Law Vol 5, No 2 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i2.29251

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 Dr. Jasni bin Sulong; Muhamad Ramzy Fernanda
AT-TAFAHUM: Journal of Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i2.29183

Employment law policy in Indonesia reflects the government's efforts to balance worker protection with the demands of national economic development. The enactment of Law No. 11 of 2020, subsequently reinforced by Law No. 6 of 2023 concerning Job Creation, has significantly transformed Indonesia's employment legal framework by promoting labor market flexibility while raising concerns regarding the protection of workers' rights. This study aims to analyze the direction of Indonesia's employment law policy, examine the evolution of labor regulations, and evaluate the implementation of legal protection for workers amid contemporary economic and technological developments. The research employs a normative legal method using statutory, conceptual, and analytical approaches. Data were collected through a comprehensive review of primary, secondary, and tertiary legal materials and analyzed qualitatively. The findings indicate that although Indonesia has established a comprehensive legal framework governing employment relationships, labor protection, and industrial dispute resolution, significant challenges remain in its implementation. Amendments introduced through the Job Creation Law have increased flexibility in fixed-term employment agreements and outsourcing, enhancing business competitiveness but also creating greater job insecurity. Furthermore, the rapid expansion of the digital economy and platform-based employment has exposed regulatory gaps, leaving many gig workers without adequate legal protection. Weak law enforcement, limited government supervision, and the unequal bargaining position of workers further undermine the effectiveness of existing regulations. Therefore, Indonesia's employment law policy should be strengthened through more adaptive legislation, effective enforcement mechanisms, and balanced legal reforms that simultaneously promote investment, legal certainty, and the protection of workers' rights.

Regional Autonomy and Regional Government Watni Marpaung; Abdul Hakim; Fadil Almahdy Hasibuan
AT-TAFAHUM: Journal of Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/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 Muhammad Ramadhan; Ghina Angelina Quraeny
AT-TAFAHUM: Journal of Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v6i2.29031

Women's rights constitute an inseparable part of human rights and are recognized in both Islamic teachings and international human rights instruments. Islam upholds the principles of justice, equality, freedom, and mutual respect, affirming that all human beings are equal before Allah, with piety serving as the only measure of distinction. Despite these principles and the existence of numerous international conventions and national legal frameworks, women continue to experience discrimination, violence, and unequal access to political, economic, educational, and social opportunities. This study aims to examine women's rights from the perspectives of Islamic law and the Indonesian legal system while identifying the challenges that hinder the effective realization of gender equality. The research employs a normative juridical approach using descriptive-analytical methods. Data were collected through library research by analyzing primary legal materials, including the 1945 Constitution of the Republic of Indonesia, Law Number 39 of 1999 concerning Human Rights, Law Number 23 of 2004 concerning the Elimination of Domestic Violence, the Universal Declaration of Human Rights (UDHR), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and relevant secondary sources such as books and scholarly journals. The findings reveal that Indonesia has established a comprehensive legal framework to protect women's rights in areas such as politics, citizenship, education, employment, health, legal capacity, and marriage. However, the implementation of these legal protections remains constrained by deeply rooted patriarchal culture, gender stereotypes, institutional barriers, socio-economic inequality, and limited political participation. Moreover, the traditional human rights approach often fails to adequately recognize violence occurring within the domestic sphere as a human rights issue. Therefore, strengthening legal enforcement, promoting gender-sensitive public policies, enhancing women's empowerment, and transforming patriarchal cultural values are essential to ensuring the effective protection and fulfillment of women's rights. These efforts are necessary to achieve substantive gender equality and uphold human dignity in accordance with both Islamic principles and universal human rights standards.

Analysis of the Hadith on the Crime of Sariqah From the Perspective Of Criminal Law (Hudud) Muhammad Amar Adly; Yasmin Raihanah Zaviril
AT-TAFAHUM: Journal of Law Vol 5, No 2 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i2.29194

This study examines the concept of sariqah (theft) in Islamic criminal law (fiqh jinayah) from the perspective of the hadith, with particular emphasis on its classification as a hudud offense. Using a qualitative normative legal research method based on library research, the study analyzes primary sources, including the Qur'an and the hadith of the Prophet Muhammad (PBUH), as well as secondary sources such as classical and contemporary Islamic jurisprudence literature, scientific journals, and legal references. Data were collected through documentation techniques and analyzed descriptively and interpretively to identify the legal principles governing sariqah. The findings reveal that not every act of taking another person's property constitutes sariqah subject to hudud punishment. The application of the prescribed sanction requires the fulfillment of strict legal conditions, including the secret taking of property, the attainment of the minimum value (nisab), secure storage of the property (hirz), and the existence of criminal intent. The hadith play a fundamental role in clarifying these requirements and providing practical guidance for implementing the Qur'anic provisions on theft. The study also highlights the principle of syubhat (legal doubt), which prevents the enforcement of hudud penalties whenever uncertainty exists, reflecting the Islamic legal commitment to justice, fairness, and caution. Furthermore, differences among Islamic schools of thought concerning the interpretation of nisab and other legal conditions demonstrate the dynamic and flexible nature of Islamic jurisprudence. In the contemporary context, although hudud punishments remain the subject of legal and human rights debates, the underlying objectives of protecting property rights, preventing crime, and ensuring social justice continue to be highly relevant. The study concludes that a comprehensive and contextual understanding of the hadith is essential for accurately interpreting the concept of sariqah and appreciating the balance between legal certainty, justice, and public welfare embodied in Islamic criminal law.

Corruption as an Extraordinary Crime: A Historical and Legal Study in the Indonesian Legal System Ahmad Baqi; Arya Farhan Azizi S.
AT-TAFAHUM: Journal of Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/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) Ahmad Baqi; Zakaria Ahmad Marpaung
AT-TAFAHUM: Journal of Law Vol 9, No 1 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/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 Khairunnisa Siregar; Alya Aisya
AT-TAFAHUM: Journal of Law Vol 7, No 1 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/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 Sri Rizki Wardani; Galih Pratama Siregar
AT-TAFAHUM: Journal of Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/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 Chifa Azyana Adly Meknesya; Muhammad Hidayat
AT-TAFAHUM: Journal of Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/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
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota medan,

Sumatera utara

INDONESIA