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Sumatera utara
INDONESIA
AS-SÂIS (JURNAL HUKUM TATA NEGARA ISLAM/SIYASAH)
Published by Universitas Islam Negeri Sumatera Utara
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 73 Documents
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METHOD OF ESTABLISHING THE CRITERIA OF KAFAAH AS THE FOUNDATION OF A HARMONIOUS FAMILY FROM THE PERSPECTIVE OF FIKIH MUNAKAHAT Azhar Nur Mawaddah Gulo; Muhammad Amar Adly
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 10, No 1 (2026): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v10i1.28224

Abstract

This study examines the method of determining the criteria for kafaah from the perspective of munakahat fiqh as the main foundation for realizing a sakinah family. Kafaah is defined as equality, harmony, or balance between couples who are about to marry to maintain harmony and protect women's rights from the risk of household failure. Legally, Article 61 of the Compilation of Islamic Law emphasizes that religious differences cannot be a barrier to marriage. Scholars from four schools of thought differ on what is considered the elements of kafaah, including freedom, property, profession, and lineage. However, they all agree that the quality of religiosity and morals are the most important requirements. Religion is seen as a pillar of stability because it can guide the soul in facing household problems and prevent the emergence of caste or social stratification that contradicts the principle of piety, as mentioned in QS. Al-Hujurat verse 13. To evaluate the tension between classical texts and contemporary sociological realities, this study uses a qualitative descriptive-analytical and juridical-normative approach. Research shows that kafaah is a customary requirement for marriage, not a legal requirement. This allows women and their guardians to choose an equal partner to achieve a harmonious, stable, and lasting marriage.Keywords: kafaah criteria, sakinah family, munakahat fiqh perspective.
THE CONCEPT OF FAIRNESS IN THE DIVISION OF NIGHTTIME HOURS: A CASE STUDY OF A WIFE EXPERIENCING NUSYUZ Wike Sundari; Muhammad Amar Adly
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 10, No 1 (2026): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v10i1.28225

Abstract

This study seeks to comprehend the legal dimensions of polygamy and the rationale for alternating overnight stays (qasm) as delineated in the book Fathul Qorib, especially in instances when a wife is undergoing nusyuz (disobedience). The research uses a literature review methodology by analysing original materials, particularly the book Fathul Qorib. The results show that polygamy is allowed as long as the spouse can be fair and provide maintenance (nafaqah).. In Fathul Qorib, the rotation of turns emphasizes the husband's obligation to equalize overnight stays, provide separate residences, and not violate the established order of turns unless there is a reason justified by Sharia. In cases involving a nusyuz wife, justice in time distribution serves as a means of education and behavioral improvement. Nevertheless, Fathul Qorib asserts that the husband is still obliged to fulfill the rights of a new wife consecutively and must compensate for the rotation time if a violation occurs. This research concludes that a fair division of time aims to ensure each wife receives proper physical and emotional attention, thereby preventing harm within the household.Keywords: Polygamy; Marriage; Nusyuz;.
LEGAL REVIEW OF SERANG DISTRICT COURT DECISION NUMBER 187/PDT.G/2024/PN SRG IN A DISPUTE OVER BREACH OF CONTRACT REGARDING A BUSINESS CAPITAL LOAN AGREEMENT Adit Onisyah Saputra; Bintang Al Nasha; Muasa Saputra; Muhammad Faizzar Rachman; Dede Ika Murofikoh
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 10, No 1 (2026): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v10i1.27623

Abstract

Abstract:This study focuses on a legal-normative analysis of Serang District Court Decision No. 187/Pdt.G/2024/PN Srg. This study applies normative legal methodology as the main framework for examining legal issues based on applicable laws and regulations. The case examined centers on a breach of contract dispute, in which the Defendant was proven to have failed to perform its obligations under the contractual agreement. Despite the material breach of obligation, the Panel of Judges ultimately decided to dismiss the Plaintiff's claim. This decision underlines a fundamental principle in civil procedural law: the success of a breach of contract lawsuit is largely determined by the formality and integrity of the document preparation. Therefore, it is imperative for the Plaintiff to prepare the factual basis (posita) of the lawsuit in an explicit, transparent manner and in accordance with the actual facts. Keywords: Analysis, Agreement, Debt, Business Capital
THE SPREAD OF HOAX ON SOCIAL MEDIA IN THE NEW PARADIGM OF NATIONAL CRIMINAL LAW: A NORMATIVE STUDY OF LAW NUMBER 1 OF 2023 Muhammad Din Al Fajar; Dwi Zahra Aini; Gabrielle Verlim Sabatini; Nadine Angelia M. Sianturi; Novran Jaenisura Pinem
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 10, No 1 (2026): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v10i1.28801

Abstract

Abstract:Spreading hoaxes through social media platforms has become a challenge for the criminal justice system in Indonesia as information technology rapidly advances. This phenomenon not only affects socio-political stability, but also poses a threat to public trust and national security. With the enactment of Law No. 1 of 2023 concerning the Criminal Code (KUHP), there has been a paradigm shift in the handling of criminal acts involving false information spread through digital media. This article uses a normative legal approach, reviewing the new criminal law provisions in the KUHP and their relevance to the spread of hoaxes on social media. The findings explain that the 2023 KUHP contains several provisions that have the potential to regulate digital content, including false news and uncertain information, while also creating new implications for freedom of expression and legal control over digital content.  These implications are important to examine so that national criminal law can effectively and proportionally address the challenges of the digital era.Keywords: Hoax, Criminal Code, Criminal Law, Social Media, Digital  
PERAN KEJAKSAAN DALAM PENEGAKAN HUKUM TENTANG CYBER CRIME DI CABANG KECAJAKSAAN NEGERI DELI SERDANG DI LABUHAN DELI Rusydi Irfan
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 10, No 2 (2026): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v10i2.31319

Abstract

This study analyzes the role of the Deli Serdang District Prosecutor’s Office Branch in Labuhan Deli in enforcing the law against cybercrime, particularly illegal access and phishing. It employed an empirical legal method with a qualitative, descriptive-analytical approach. Primary data were obtained through interviews with prosecutors handling cybercrime cases, while secondary data were drawn from relevant legislation and scholarly articles. The findings demonstrate that the Prosecutor’s Office performs a strategic role through case-file examination, issuance of P-19 instructions, declaration of complete case files through P-21, preparation of indictments, evidentiary presentation at trial, and execution of final court judgments. Electronic evidence, including communication records, transaction data, Internet Protocol addresses, digital devices, and digital forensic examination results, constitutes the principal basis for linking offenders to criminal conduct. Law-enforcement effectiveness remains constrained by false identities, Virtual Private Networks, overseas servers, deletion of digital traces, delayed victim reporting, limited technical competence, and inadequate forensic facilities. This study emphasizes that strengthening prosecutorial capacity, standardizing electronic-evidence management, improving interagency coordination, and expanding digital forensic support are essential to enhancing prosecution quality. Its novelty lies in empirically mapping cybercrime pre-prosecution and prosecution processes at the branch level of the Prosecutor’s Office within a specific local institutional context.Keywords: Cybercrime; Digital Forensics; Electronic Evidence; Law Enforcement; Prosecutor’s Office
IDDAH AND IHDAD: LEGAL RATIONALITY AND MODERN CHALLENGES Agus Salim; Muhammad Amar Adly
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 10, No 2 (2026): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v11i2.30066

Abstract

This study departs from an academic disquiet regarding the tension between the rigidity of classical fiqh texts on iddah and ihdad on one hand, and the complexity of modern Muslim women's lives on the other. Employing a hermeneutical approach and maqasid al-shari'ah analysis, this article revisits the epistemological foundations of iddah and ihdad not to abolish them, but to reveal that they contain an adaptive legal rationality. This qualitative-normative research draws on primary data from cross-madhhab fiqh texts and secondary data from contemporary scholarly studies. Principal findings: first, inter-madhhab differences in determining iddah periods demonstrate fiqh's inherent flexibility; second, ihdad is not merely a mourning symbol but a psychosocial protection mechanism amenable to contextual reinterpretation; and third, professional women observing ihdad may accommodate their professional obligations within the framework of al-maslahah al-mursalah without departing from its shar'i substance. Keyword: Iddah, Ihdad, Schools of Islamic Law, Professional Women, Maqasid al-Shari'ah 
THE IDDAH PERIOD IN ISLAMIC JURISPRUDENCE AND STATUTORY LAW IN INDONESIA AND SINGAPORE Siti Nurheliza; Sukiati Sukiati; Iwan Iwan
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 10, No 2 (2026): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v11i2.30068

Abstract

Iddah is a mandatory waiting time that Muslim women must observe after the dissolution of marriage, whether by divorce or the death of a spouse, prior to being allowed to remarry. This research seeks to examine the notion of iddah through the lens of Islamic jurisprudence (fiqh) and to contrast its regulation under the legal frameworks of Indonesia and Singapore. This study utilizes a normative legal research methodology, including statutory, conceptual, and comparative methods via the examination of Islamic legal sources, statutory regulations, and diverse literature pertaining to Islamic family law. The results demonstrate that the idea of iddah in classical fiqh has a robust normative basis derived from the Qur’an, Hadith, and academic ijtihad, with the objectives of safeguarding lineage, protecting women's rights, and sustaining familial order. Indonesia and Singapore both use classical fiqh principles, namely the Shafi’i school, as the normative foundation for controlling iddah; nevertheless, they diverge in their institutional frameworks, implementation methods, and the incorporation of Islamic law into their legal systems. In Indonesia, the regulation of iddah is integrated into the national legal system through the Compilation of Islamic Law and the Religious Court system, while in Singapore it is implemented through the Administration of Muslim Law Act (AMLA) and the Syariah Court within a dual legal system framework. This study demonstrates that the transformation of fiqh into positive law does not alter the fundamental substance of iddah but rather affects its implementation mechanisms and institutional legal structures in each country.Keyword: Iddah, Islamic jurisprudence, positive law, Indonesia, Singapore.
THE ROLE OF THE STATE IN CHILD PROTECTION FROM THE PERSPECTIVES OF CONSTITUTIONAL LAW AND ISLAMIC CIVIL LAW Ihsan Siregar; Faisar Ananda
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 10, No 2 (2026): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v10i2.30401

Abstract

Child protection holds a strategic position as a fundamental pillar for national survival, where its fulfillment is jointly governed by religious legal frameworks and state law. This study seeks to examine the concept and implementation of child protection through a comparative analysis of Islamic Law and Positive Law applicable in Indonesia, while also identifying points of convergence between the two systems. The research employs a juridical-normative method grounded in library study with a comparative analytical approach. Secondary sources utilized include the Qur'an, Hadith, books of Islamic jurisprudence, Law Number 35 of 2014 on the Amendment to Law Number 23 of 2002 on Child Protection, and other relevant regulations. Research findings indicate that within Islamic Law, child protection (hifzh al-nasl) encompasses the right to life, lineage, sustenance, education, and affection, all of which constitute absolute obligations of parents and society alike. Indonesian Positive Law, meanwhile, views child protection as an integrative shared obligation among parents, families, communities, and the state, which is legally guaranteed through legislation including protection from violence, exploitation, and discrimination. The fundamental point of commonality between the two legal systems lies in the principle of upholding the best interests of the child (the best interests of the child). The internalization of Islamic values into Indonesia's national legal system has demonstrably strengthened both the moral and juridical legitimacy in realizing comprehensive child protection.
RAISING AWARENESS OF THE LAW ON LIABILITY FOR DAMAGES RESULTING FROM DEFAMATION ON SOCIAL MEDIA Bintang Al Nasha; Ihfa Aulia; Muasa Saputra; Siska Siska; Uswatun Hasanah
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 10, No 1 (2026): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v10i1.29918

Abstract

Abstract:The development of information technology has brought major changes in the communication patterns of society through social media. On the one hand, social media provides convenience in the dissemination of information and social interaction, but on the other hand, it also opens opportunities for misuse, including acts of defamation. This research aims to increase students’ legal understanding regarding liability for compensation due to defamation on social media as well as to provide education about legal boundaries in expressing oneself in the digital space. The research method used is an educational socialization approach through interactive counseling, discussions, and case studies with students of SMK Negeri 7 Kota Serang. The results of the research show that participants’ understanding of legal protection of honor and reputation on social media increased after the implementation of the activities. This research also found that defamation on social media gives rise to legal consequences in two domains, namely criminal law based on the provisions of the Criminal Code and the Electronic Information and Transactions Law (ITE Law), as well as civil law through the mechanism of lawsuits for unlawful acts based on the Civil Code. Civil liability may take the form of an obligation to pay compensation for material and immaterial losses suffered by the victim. Therefore, the improvement of digital legal literacy is very important in order to build public awareness, especially among students, so that they are able to use social media wisely, responsibly, and in accordance with applicable legal provisions. Keywords: Defamation, Social Media, Civil Liability, Compensation, Digital Legal Literacy..  
HADHANAH (CHILD CUSTODY) IN INDONESIAN SCHOOLS OF THOUGHT AND JURISPRUDENCE Bagus Wahyuda Utama; Muhammad Amar Adly
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 10, No 2 (2026): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v10i2.30402

Abstract

Hadhanah or child custody is one of the most sensitive and complex issues in Islamic family law, especially after divorce. This study aims to analyze the concept of hadhanah from the perspective of the four schools of jurisprudence (Hanafi, Maliki, Shafi'i, and Hanbali) and examine its application in the decisions of Indonesian Religious Courts. This research employs a normative juridical method with a comparative approach and verdict analysis. The findings reveal significant differences in custodian priority order and the age limits of children among the schools, yet all four agree that the best interests of the child (mashlahah al-walad) is the primary criterion. Indonesian Religious Courts, through the Compilation of Islamic Law and Supreme Court jurisprudence, tend to integrate the principle of the best interest of the child with madhab norms, resulting in adaptive and contextual decisions.Keyword: Hadhanah; Child Custody; Schools of Jurisprudence; Jurisprudence; Best Interest of the Child.

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