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Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Published by Universitas Islam Negeri Sumatera Utara
ISSN : -     EISSN : 2776253X     DOI : -
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam, this journal accepts research articles, conceptual articles, field study reports, book reviews on social studies and law such as: 1. Social; 2. Law; 3. Theology; 4. Economy; 5. Philosophy; 6. Gender; 7. Regional Studies; 8. Islamic Studies; 9. And other related fields.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 120 Documents
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The Functions of Law in Social Change: Social Justification, Social Control, and Social Engineering Ardewifna Bakkara; Nurhayati Nurhayati; Azhari Akmal Tarigan; Nur Husein Daulay
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 7, No 2 (2026): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v7i2.31015

Abstract

Law is an important element in social life that functions to maintain order, create justice, and regulate social relations among individuals. This study aims to examine the function of law as social justification, social control, and social engineering in relation to social change within society. The method used in this research is normative legal research with conceptual and sociological approaches through literature studies from various books and scientific journals. The results show that law not only acts as a mechanism for controlling public behavior through rules and sanctions, but also serves as an instrument of social change capable of shaping social life in accordance with the development of the times. However, the implementation of legal functions in Indonesia still faces various challenges, such as weak law enforcement and unequal social justice. In addition, the use of law as a tool of social engineering must continue to consider the values of justice, human rights, and social conditions so that the resulting changes can be properly accepted by society. Therefore, law must be enforced fairly, consistently, and responsively to social developments.
Criminal Offense Arising from the Making of False or Misleading Statements Regarding the Price or Tariff of Subsidized Fertilizers (Analysis of the Decisive Ratio in Judgment No. 79/Pid.Sus/2023/PN.Ktb) Ruth Diyantika; Mahmul Siregar; Mahmud Mulyadi
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 7, No 2 (2026): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v7i2.29834

Abstract

This study examines the phenomenon of economic crimes and consumer rights violations in the form of actions by government-registered business actors who convey false or misleading information regarding the prices of commodities under supervision. This study focuses on the ratio decidendi of the panel of judges in Kotabaru District Court Decision Number 79/Pid.Sus/2023/PN.Ktb, which implicated an official retail kiosk owner for selling subsidized urea fertilizer above the Highest Retail Price (HET) set by the state. Although the defendant's actions fulfilled all the elements of a formal crime under Article 62 paragraph (1) in conjunction with Article 10 letter a of Law Number 8 of 1999 concerning Consumer Protection, which carries a maximum penalty of five years' imprisonment, the panel of judges instead sentenced him to a minimum fine of Rp5,000,000.00 (five million rupiah). The research method used is normative legal research (doctrinal legal research) with a case approach and a statute approach. The legal materials were analyzed qualitatively using Consumer Protection Theory and Legal Application Theory to test the judicial rationality of the decision. The results indicate that the defendant's actions constitute a formal delict, where the business actor's criminal liability is complete from the moment the misleading statement is made at the actual transaction level, regardless of the actual loss. Second, the ratio decidendi analysis revealed that the judge's legal reasoning was dominated by a narrow utilitarian bias. The judge exploited external excuses such as geographical logistical constraints to maintain the kiosk's operational continuity, thereby ignoring normative legal certainty. Third, the legal implications of this decision are highly counterproductive because they eliminate the deterrent effect, trigger moral hazard in the form of condoning similar crimes at the regional level, and fail to provide substantive legal protection for smallholder farmers due to the absence of a restitution clause (restitutio in integrum) in the decision. This study recommends reforming sanctions by implementing specific minimum sentences to limit judicial discretion in public economic crimes.
Strategic Approach to Resolving Religious Conflict among Diverse Communities in Jalan Tanjung Garbus I, Lubuk Pakam Amin Rais; Nelvita Purba
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 7, No 2 (2026): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v7i2.29784

Abstract

This study aims to analyze the strategies for resolving interfaith harmony disputes applied in resolving the conflict over the construction of a house of worship on Jalan Tanjung Garbus I, Lubuk Pakam. The study began with a social conflict triggered by differing perceptions regarding the legality of the construction of a house of worship, involving the community, religious leaders, local government, and the Interfaith Harmony Forum (FKUB). The study used empirical legal methods with a qualitative descriptive approach. Data were obtained through observation, interviews, documentation, and triangulation with the FKUB, religious leaders, government officials, and the local community. The results showed that dispute resolution was implemented through deliberation mechanisms, mediation by the FKUB with religious leaders and the local government, interfaith communication, and strengthening the values of tolerance and mutual cooperation. These strategies successfully reduced tensions, prevented conflict escalation, and restored social relations between religious communities in the community. The study also found that the effectiveness of dispute resolution was influenced by inter-institutional collaboration, open communication, compliance with legal mechanisms, and active community participation in maintaining harmony. These findings confirm that dispute resolution based on dialogue, mediation, and institutional collaboration is an effective strategy for maintaining social stability and strengthening the integration of multicultural societies.
Legal Pluralism in Alcohol Regulation in Banyumas Regency: Interactions Between State Law, Islamic Norms, and Customary Practices Vivi Ariyanti; Bani Syarif Maula
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 7, No 2 (2026): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v7i2.31407

Abstract

Alcohol regulation in Indonesia is shaped by a plural legal system in which state law, Islamic norms, and customary traditions coexist and influence one another. In Banyumas Regency, this plurality becomes evident through formal legal instruments such as Regional Regulation Number 3 of 2022 and Regent Regulation Number 12 of 2023, which prohibit the distribution and sale of alcoholic beverages. At the same time, local traditions continue to persist in some rural communities as forms of cultural expression, particularly the production and consumption of ciu, a traditional alcoholic beverage made from fermented brown sugar and cassava. This study employs a normative-sociolegal method, combining doctrinal analysis of legal texts with contextual interpretation of Islamic legal principles and ethnographic insight into customary practices. The research explores how these overlapping normative systems interact, reinforce, or contradict each other in shaping public attitudes and law enforcement practices. The findings reveal that while formal law and Islamic ethics tend to align in prohibiting alcohol, customary norms may offer more nuanced justifications rooted in identity and solidarity. The paper concludes that effective alcohol regulation in plural settings requires culturally sensitive, participatory, and differentiated policy approaches that respect both moral values and local traditions.
Revenge Porn as Digital Gender-Based Violence: Analysis of the Pati District Court Decision Number 189/Pid.Sus/2023 Aulia Rahma; Nur Handayati; M. Syahrul Borman
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 7, No 2 (2026): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v7i2.29428

Abstract

The non-consensual dissemination of intimate images (revenge porn) constitutes a form of Digital Gender-Based Violence that severely violates victims' sexual autonomy and privacy rights. This study critically analyzes the harmonization of criminal regulations in Indonesia and the judicial reasoning (ratio decidendi) in the Pati District Court Decision Number 189/Pid.Sus/2023/PN Pti. Using a normative legal method with statutory, case, and conceptual approaches, this study evaluates the normative conflict between public decency offenses in the EIT Law and Electronic-Based Sexual Violence (KSBE) under the Sexual Violence Crimes Law (UU TPKS). The findings reveal two primary conclusions. First, positive legal frameworks suffer from qualification conflicts, where the UU TPKS should apply as lex specialis derogat legi generali, overriding general decency clauses in the EIT Law. Second, the judges' ratio decidendi remains trapped in an offender-oriented legalistic positivism paradigm, neglecting gender power imbalances, revocable consent, and the victim's continuing harm. Consequently, the one-year prison sentence is disproportionate and reinforces the invisibility of victims due to the absence of restitution orders and digital content take-down directives. This study recommends a judicial paradigm shift toward victim-oriented justice to secure substantive justice and victim recovery in the digital era.
Public Participation in the Effectiveness of Law Enforcement in Pasuruan City: A Legal Sociology Perspective Mohamad Mahbubil Ichwan; Daryono Daryono; Adi Nur Azis
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 7, No 2 (2026): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v7i2.30503

Abstract

Public participation in law enforcement in Pasuruan City still faces challenges, including low legal awareness, limited dissemination of legal information, and suboptimal public trust in law enforcement officials. Previous studies have generally focused on law enforcement effectiveness regarding regulations, officials, and supporting infrastructure; however, empirical research specifically analyzing the forms of public participation, the factors influencing it, and its contribution to law enforcement effectiveness in Pasuruan City remains limited. This study aims to analyze the forms of public participation, the factors influencing such participation, and its contribution to the effectiveness of law enforcement in Pasuruan City. The study employs an empirical legal research method, utilizing a sociology-of-law approach and descriptive qualitative analysis. Primary data were obtained through field observations and semi-structured interviews with Pasuruan City residents and stakeholders involved in law enforcement, while secondary data were gathered through a literature review. The results indicate that public participation manifests through compliance with regulations, reporting violations to authorities, social oversight such as neighborhood watch programs (*ronda* and *siskamling*) and involvement in community activities. This participation is influenced by legal awareness, trust in law enforcement officials, legal culture, and legal education and dissemination. The findings demonstrate that community involvement supports law enforcement effectiveness by helping to maintain order, prevent violations, and strengthen cooperation between the public and law enforcement officials. The study concludes that enhancing law enforcement effectiveness in Pasuruan City requires strengthening public participation, raising legal awareness, and building public trust in law enforcement officials.
The State's Constitutional Responsibility in the MBG Program in Papua Siyasah Syar'iyyah Perspective Achmad Anthasach Al Ghazali
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 7, No 2 (2026): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v7i2.31462

Abstract

The Free Nutritious Meal (MBG) Program as a form of the state's positive obligation in fulfilling the right to food, health, and child growth and development presents legal problems when the provision of public food is not fully accompanied by food safety guarantees. The cases of alleged health problems in Nabire and Depapre show that there is a tension between the goal of fulfilling nutrition and the state's obligation to prevent risks to the health of beneficiaries. This study aims to analyze the construction of the state's constitutional responsibility for food security and the health of MBG beneficiaries in Papua and assess it based on the principles of maslahah and hifz al-nafs in siyasah syar'iyyah. The research uses normative legal methods with legislative, conceptual, and case approaches and is analyzed prescriptive-analytically. The results of the study show that food safety is an integral part of the fulfillment of the right to food and the state's responsibility in the implementation of public food services includes four dimensions, namely prevention, protection, recovery, and correction, as well as accountability. The cases of Nabire and Depapre are placed as critical cases to test the resilience of the system, not as representative cases that describe the overall condition of MBG in Papua. The research also found that the geographical and infrastructure character of Papua demands adaptation of territorial risks to realize substantive equality of protection. In the perspective of siyasah syar'iyyah, maslahah directs the use of authority to the public benefit, while hifz al-nafs and daf' al-mafasid demand the protection of lives and the prevention of foreseeable harms. As a conceptual contribution, this study develops a Constitutional-Maslahah Food Safety Responsibility model that integrates the state's positive obligations, food safety risk governance, and the principle of siyasah syar'iyyah, by placing food safety as a substantive parameter for the fulfillment of rights and normative validity of the implementation of MBG.
Restorative Justice and the Dynamics of Diversion Failure in Juvenile Cases: A Case Study of Communal Conflict in the Kabanjahe District Court Rulings Paijal Usrin Siregar; Nelvitia Purba
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 7, No 2 (2026): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v7i2.29518

Abstract

This study aims to analyze the application of restorative justice principles in juvenile criminal cases, particularly in situations where the diversion mechanism fails, using a case study of the Kabanjahe District Court Decision Number 7/Pid.Sus.Anak/2022/PN Kbj. This research employs a qualitative method with a normative empirical juridical approach through document analysis of court decisions and relevant legal regulations. The results indicate that restorative justice has normatively become the foundation of the juvenile criminal justice system in Indonesia; however, its practical implementation still faces significant limitations. The failure of diversion in this case is influenced not only by legal factors but also by empirical conditions, such as collective social conflict, escalation of violence, and substantial material losses, which hinder the achievement of restorative agreements. Nevertheless, restorative values are still reflected in the judge’s considerations, particularly in assessing the social and psychological conditions of the child. Therefore, the application of restorative justice in this case is partial and contextual, meaning that it is not fully realized as the primary mechanism for case resolution but remains embedded in judicial reasoning. These findings suggest that the effectiveness of restorative justice in juvenile criminal justice practice is highly dependent on the complexity of the case. The implication of this study emphasizes the urgency of reconstructing positive law to be more accommodative of mass conflict resolution, alongside the vital integration of the al-Shulh (peace-making) concept and distributive justice within Islamic Law as a jurisprudential framework for juvenile justice to mitigate future diversion deadlocks.
Legal Analysis of the Criminal Act of Counterfeiting Halal Food Products under Articles 56 and 57 of the Law on the Guarantee of Halal Products, in Accordance with Islamic Criminal Law Irwan Sunardi; Yayan Muhammad Royani; Yusup Azazy
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 7, No 2 (2026): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v7i2.30670

Abstract

The falsification of halal-certified products demonstrates that legal protection cannot rely solely on the halal certification system but also depends on the effectiveness of post-certification supervision and law enforcement. Previous studies have primarily focused on the implementation of halal certification, consumer protection, or fraudulent practices in Islamic criminal law separately, while analyses of the legal construction of criminal offenses under Articles 56 and 57 of Law Number 33 of 2014 concerning Halal Product Assurance (Halal Product Assurance Law) and the evaluation of their penal policy from the perspective of Islamic criminal law remain limited. This study aims to analyze the legal construction of the criminal offense of halal product falsification, examine its conformity with the concept of jarimah takzir, and evaluate the relevance of the criminal sanctions stipulated in the Halal Product Assurance Law. This normative legal research employs statutory and conceptual approaches using library research, with legal materials analyzed through descriptive-analytical methods. The findings indicate that halal product falsification constitutes a lex specialis criminal offense whose legal elements are established through the unlawful use of halal certificates or labels and the failure to maintain the halal integrity of certified products. Such conduct corresponds to the concepts of ghisy  (fraudulent deception) and tadlīs (misrepresentation) and is classified as jarimah takzir under Islamic criminal law. The novelty of this research lies in conceptualizing halal product falsification as a regulatory crime and evaluating Indonesia's penal policy through the four objectives of takzir: retribution, restoration, special prevention, and general prevention. The study concludes that the sanctions provided under the Halal Product Assurance Law are substantively consistent with the principles of takzir but require strengthening through victim-oriented restoration, business actor rehabilitation, and preventive enforcement mechanisms to enhance legal protection for muslim consumers.
Paradigmatic Transformation of The Qiwamah Interpretation: A Contextual Reading of QS. Al-Nisa' (4):34 and Its Implications for The Reform of Indonesian Islamic Family Law Muhammad Sibawaihi; Sulhani Sulhani; Rusli Abdul Roni; Dedi Sumanto; Mustiah Mustiah
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 7, No 2 (2026): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v7i2.31475

Abstract

Gender-based domestic violence remains a serious issue in Indonesia. In this context, QS al-Nisa' (4):34 is still often used as a normative basis for placing men in a dominant position within the family. Previous studies have largely focused on textual and hermeneutic reinterpretations of this verse, while research examining the positivization of qiwamah in Indonesian Islamic family law remains limited. This article traces the evolution of the concept of qiwamah from classical exegesis to the Marriage Law and the Compilation of Islamic Law, and then examines it in light of developments in Indonesian positive law. This study employs a normative-doctrinal method with conceptual, historical, and legislative approaches. Primary legal sources include classical and modern exegeses, Law No. 1 of 1974, the Compilation of Islamic Law, Law No. 23 of 2004, Law No. 12 of 2022, and Supreme Court Regulation No. 3 of 2017. The analysis employs Abdullah Saeed's contextual approach by positioning qiwamah as a legal postulate. The research findings indicate that qawwamun constitutes an implementational value rather than a mandatory one, arising from specific socioeconomic contexts to meet the needs of and protect economically dependent family members. The study also identifies an imbalance in the regulation of nushuz in Article 84 of the Compilation of Islamic Law, as well as tensions between several of these provisions and developments in positive law. This article offers a framework for contextual verification and a roadmap for gradual reformulation through both textual amendments and judicial interpretation.

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