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INDONESIA
Jurnal CENDIKIA ISNU
Published by ISNU Sumatera Utara
ISSN : -     EISSN : 30639530     DOI : 10.70826
Core Subject : Religion, Humanities, Art, Social,
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice
Jurnal Cendikia ISNU SU is a scholarly platform dedicated to advancing research and critical discussions in the field of law. The journal embraces a wide range of topics that reflect the dynamic development of legal studies, both in national and international contexts. The scope of the journal includes, but is not limited to, the following areas: Criminal Law, Civil Law, and Constitutional Law: Contemporary analysis, interpretation, and application of positive law in addressing challenges within the justice system. Islamic and Sharia Law: Studies on the principles, application, and adaptation of Islamic law in modern contexts, including Islamic banking, family law, inheritance, and related issues. Legal Integration: Exploration of the interaction and harmonization between secular law and Islamic law, particularly within pluralistic legal frameworks. Comparative Legal Studies: Cross-jurisdictional analysis of Islamic law and other legal systems to identify similarities, differences, and their implications for legal practice and policy-making. Case Studies and Legal Practices: In-depth examination of landmark and contemporary legal cases to highlight the practical implementation, enforcement, and interpretation of law in real-life situations. The journal welcomes contributions in the form of theoretical explorations, empirical research, and critical reviews of significant legal issues. By encouraging both disciplinary and interdisciplinary approaches, the journal seeks to promote innovative perspectives that enrich academic discourse, strengthen legal theory and practice, and contribute to the development of law as a foundation of justice and social order.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 84 Documents
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Case Study of Alternative Dispute Resolution (Marriage Annulment Dispute Resolution) Zulkifli Ritonga; Watni Marpaung
Jurnal Cendikia ISNU SU Vol. 1 No. 1 (2024): Vol 1. No 1 Mei 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i1.18

Abstract

This case study discusses alternative dispute resolution of annulment through a non-litigation approach, specifically through mediation. The background of this research is based on the increasing number of marriage annulment cases in Indonesia which often cause prolonged conflicts between the parties. The research method used is a normative juridical approach with case studies, which analyzes laws and regulations, legal doctrines, and out-of-court dispute resolution practices. Data was obtained through document studies and interviews with legal practitioners and parties involved in marriage annulment cases. The results of the study show that mediation as an alternative to dispute resolution in marriage annulment offers several advantages, including cost and time savings, as well as the maintenance of a better relationship between the parties. Mediation allows for a win-win solution, which is often not possible through litigation. The conclusion of this study is that mediation can be an effective method in resolving marriage annulment disputes, as it allows for a faster, cheaper, and peaceful resolution, as well as providing space for the parties to reach an agreement voluntarily. Therefore, the promotion and strengthening of mediation as an alternative to resolving marriage annulment disputes needs to be improved in the Indonesian legal system.
Case Study of Alternative Joint Property Dispute Resolution Through Mediation Siti Arifahsyam; Mohammad Amir Bin Wan Harun
Jurnal Cendikia ISNU SU Vol. 1 No. 1 (2024): Vol 1. No 1 Mei 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i1.19

Abstract

The resolution of joint property disputes is often a source of conflict in divorce, which requires alternative approaches such as mediation to achieve a fair and satisfactory outcome for both parties. This study uses a normative juridical approach with a case study method, examining a number of cases of joint property disputes resolved through mediation in several religious courts. The results of the study show that mediation is able to reduce tensions between the parties and speed up the dispute resolution process, compared to the litigation process. In addition, mediation offers a more flexible and customizable solution to each party's needs, which is often not achievable through the courts. The conclusion of this study is that mediation is an effective alternative in resolving joint property disputes, especially in the context of divorce. It is recommended that religious courts further promote the use of mediation and provide additional training for mediators to improve the quality of dispute resolution through this means. These findings are expected to contribute to the development of a more responsive and inclusive legal system.
Digital Participation and Active Involvement of Civil Society in Organizing Ideal Elections Farhan Fathur Rahman; David Nwanna Dumbiri
Jurnal Cendikia ISNU SU Vol. 1 No. 1 (2024): Vol 1. No 1 Mei 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i1.26

Abstract

Digital participation and active involvement of civil society are important elements in the implementation of ideal and democratic elections. Digital technology opens up new spaces for people to participate in the electoral process, whether through social media, digital platforms, or special applications designed to monitor and ensure the transparency and accountability of elections. The research method used is normative juridical, with legislative, conceptual, and comparative approaches. The legislative approach is carried out to examine regulations and policies related to digital participation in elections, while the conceptual approach is used to understand the concept of digital participation and the role of civil society. A comparative approach was taken to compare the practices of digital participation in elections in different countries, in order to gain a broader understanding of the effectiveness of the strategies implemented. The results of the discussion show that digital participation has great potential in increasing civil society involvement, but there are still significant challenges, such as low digital literacy, the risk of spreading misinformation, and limited access to technology. Clear and systematic regulation is needed to effectively support digital participation and prevent abuses that can undermine the integrity of elections. In conclusion, digital participation is an important means to increase public involvement in the implementation of ideal elections, but it needs to be accompanied by supportive policies and adequate public education. The suggestions from this study are to strengthen regulations on the use of technology in elections, improve people's digital literacy, and encourage safe and transparent digital platform innovation for election participation.
Position And Material Contents Of Ministerial Regulation In the Perspective of the Presidential System Hari Sanjaya; Jasni bin Sulong
Jurnal Cendikia ISNU SU Vol. 1 No. 1 (2024): Vol 1. No 1 Mei 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i1.27

Abstract

Regulatory obesity at the central and regional levels causes problems in the structuring of legislation. Very diverse Ministerial Regulations make it difficult for local governments to follow up. The problems studied in this study are, first, what is the position and content of ministerial regulations in the perspective of legislation and the presidential system in Indonesia? Second, how are efforts to avoid obesity in the formation of ministerial regulations in the administration of government? The two problems will be analyzed in a qualitative descriptive manner, using legislative and conceptual approaches. The results of this study conclude, first, ministerial regulations are basically not included in the hierarchy of laws and regulations, it is just that they can be issued by the minister as long as there is authority or order from a higher law to regulate them and only applies inwards for the benefit of the institution he leads. However, ministers/ministries in the presidential system are not responsible to the parliament but to the President, so the one who should set the laws and regulations should be the President; Second, to avoid obesity in the formation of ministerial regulations, the president only needs to form a Government Regulation or Presidential Regulation, and there is no need to delegate it to the minister to form the implementing regulations.
Analysis Of Dispute Resolution With Arbitration Measures Based On Law N0. 30 Year 1999 Ahmad Muharrom; David Kurniawan; Dede Kurniawan
Jurnal Cendikia ISNU SU Vol. 1 No. 1 (2024): Vol 1. No 1 Mei 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.236

Abstract

Dispute resolution through litigation often faces various obstacles, such as lengthy processes, relatively large costs, and lack of flexibility in meeting the needs of the parties. Therefore, arbitration is one of the alternative dispute resolution options that provides a more effective mechanism based on the principle of freedom of the parties. This study aims to analyze the position of arbitration and the stages of dispute resolution based on Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The research method used is normative juridical research with a statute approach and a conceptual approach. Research data was obtained through literature studies of legal regulations, literature, and doctrines related to arbitration and dispute resolution. The results of the study show that arbitration is a mechanism for resolving civil disputes outside the court which has special characteristics in the form of a process that is private, flexible, involves arbitrators who have certain expertise, and produces final and binding judgments. Based on Law No. 30 of 1999, dispute resolution is carried out through several stages, namely peace efforts between the parties, the assistance of mediators or expert advisors, and if no agreement is reached, it can be continued through arbitration institutions or ad hoc arbitration. In conclusion, arbitration is an effective dispute resolution mechanism because it is able to provide legal certainty, time efficiency, and protection of the interests of the parties in resolving civil disputes, especially in the field of trade.  
Transforming Dispute Resolution in the Global Business Era: The Advantages of Arbitration in Realizing Legal Certainty, Efficiency, and Confidentiality of the Parties Nadia Br pasaribu; Yuliastri Khorvica Harahap; Maisari Nasution; Putri Marganti Pasaribu; Tika Afrianti
Jurnal Cendikia ISNU SU Vol. 1 No. 1 (2024): Vol 1. No 1 Mei 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.237

Abstract

The development of increasingly complex business relationships leads to an increase in the potential for disputes that require an effective, fast, and legal certainty resolution mechanism. Dispute resolution through litigation often faces various obstacles, such as lengthy processes, complex procedures, and limitations in maintaining the confidentiality of the parties. This research aims to analyze the advantages of arbitration as a modern dispute resolution mechanism in realizing efficiency, legal certainty, and protection of the interests of the parties. This research uses a normative legal research method with a qualitative approach through library research. Research data was obtained through a study of laws and regulations, legal literature, scientific journals, and legal documents related to arbitration. The results of the study show that arbitration has various advantages over litigation, namely procedural flexibility, time and cost efficiency, final and binding nature of the award, protection of confidentiality, and opportunities for parties to choose arbitrators with special expertise. Nevertheless, arbitration still faces challenges in the form of relatively high fees and limited oversight mechanisms for awards. In conclusion, arbitration is a relevant dispute resolution instrument in the modern legal system and needs to be strengthened in order to be able to provide effective, professional, and fair settlements.
The Existence of Arbitration as an Alternative to Business Dispute Resolution: Between Procedural Efficiency and Enforcement Challenges Sandra Ayu Wandira; Fauzan Habibi Lubis; Jakaria; Rabiatul Adawiyah Nasution; Nadzri Adlani Nasution
Jurnal Cendikia ISNU SU Vol. 1 No. 1 (2024): Vol 1. No 1 Mei 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.239

Abstract

The development of modern business activities that are increasingly complex has increased the potential for disputes between parties, both in national and international business relations. The dispute resolution mechanism through litigation is often considered not to be fully able to meet the needs of the business world because the procedure is formal, takes a relatively long time, and lacks flexibility for the parties. These conditions encourage arbitration to develop as an alternative dispute resolution that offers a more adaptive mechanism through the principles of autonomy of the parties, confidentiality, and legal certainty. This study aims to analyze the position of arbitration as an alternative to dispute resolution in the context of business law, especially regarding its characteristics, underlying legal principles, and effectiveness in providing dispute resolution for business actors. This study uses normative legal research methods with statute approaches and conceptual approaches, through the study of primary, secondary, and tertiary legal materials that are analyzed juridically qualitatively. The results of the study show that arbitration has a strategic position in resolving business disputes because it provides procedural flexibility, expertise-based settlement, confidentiality protection, and final and binding awards. However, the effectiveness of arbitration still faces challenges related to the implementation of awards, the professionalism of arbitrators, and harmonization with the national judicial system. Thus, arbitration serves not only as an alternative to litigation, but also as a legal instrument that supports legal certainty, efficiency, and stability of modern business relationships.
Protection Between Islamic Law and Law No. 13 of 2003 concerning Manpower (Case Study of PT Gunbaster Nickel Industry) Intan Delima; Nurenzy Turahmi; Ray Habib Bayhaqqi; Zeinadib; Bela Amelia
Jurnal Cendikia ISNU SU Vol. 1 No. 1 (2024): Vol 1. No 1 Mei 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.241

Abstract

Labor protection is an important aspect in creating fair industrial relations, both from the perspective of Islamic law and positive Indonesian law. The employment case of PT Gunbuster Nickel Industry (PT GNI) shows that there are problems regarding the fulfillment of workers' rights, ranging from work accidents, occupational safety and health protection, fulfillment of wage rights, to freedom of association. This study aims to analyze the legal protection of labor in the perspective of Islamic law and Law Number 13 of 2003 concerning Manpower and examine its implementation in the case of PT Gunbuster Nickel Industry. The research methods used are normative juridical research with a statutory approach, a conceptual approach, and a case approach. Research data was obtained through literature studies on laws and regulations, legal literature, and sources related to PT GNI's case. The results of the study show that Islamic law through the concept  of maqashid al-syariah provides protection for workers through the principles of justice, protection of the soul (hifz al-nafs), and protection of property (hifz al-mal). Indonesia's positive law provides protection through labor regulations, occupational safety, social security, and protection of freedom of association. The case of PT GNI shows that there is a gap between normative provisions and the practice of implementing industrial relations because problems related to work safety, wage rights, and worker protection are still found. The conclusion of this study shows that labor protection already has a strong legal basis, but its effectiveness requires more optimal supervision and law enforcement.
The Effectiveness of Labor Law Protection for Workers Victims of Work Accidents: Between Normative Certainty and Implementation Problems Nabila Annisa Hasibuan; Senny Kristina Putri; Sari Mahyuni Sitorus; Maulana Hafidz Pratama; Nurul Fattah Pohan
Jurnal Cendikia ISNU SU Vol. 1 No. 1 (2024): Vol 1. No 1 Mei 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.242

Abstract

Protection of workers who have had work accidents is one of the important aspects in the implementation of fair industrial relations. Although Indonesia's labor law has provided various protection instruments through occupational safety and health regulations and employment social security, in practice there are still various problems such as low company compliance with occupational safety standards, non-fulfillment of the obligation to register workers in the social security program, and weak implementation of legal protection for workers who are victims of work accidents. This study aims to analyze the effectiveness of labor law protection for workers who have experienced work accidents and examine the relationship between the certainty of legal norms and the problems of their application in industrial relations practices. The research method used is normative legal research with a statutory approach and a conceptual approach through the study of laws and regulations, legal doctrines, and relevant literature. The results of the study show that normatively the labor law has provided a guarantee of protection through the obligation to implement occupational safety and health, the provision of the right to social security, and the responsibility of employers for workers who have a work accident. However, the effectiveness of these protections still faces obstacles in the implementation aspect, especially related to employer compliance, labor supervision, and the fulfillment of workers' rights. The conclusion of this study shows that labor law already has adequate protection instruments, but it is necessary to strengthen implementation and supervision so that legal protection for workers victims of work accidents can be realized in real terms.
Implementation of Corporate Legal Liability for Work Accidents in the Perspective of Occupational Safety and Health (K3): A Case Study on PT Hari Sawit Jaya Negeri Lama Andina Resty; Dea Fadila; Farida Hanum fajrianti; Annisa Octavia; Khairul Ali Harahap
Jurnal Cendikia ISNU SU Vol. 1 No. 1 (2024): Vol 1. No 1 Mei 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.243

Abstract

Work accidents are one of the important issues in industrial relations because they are directly related to the fulfillment of workers' rights to occupational safety and health protection (K3). In the oil palm plantation sector, which has a high level of occupational risk, companies have a legal obligation to create a safe working environment and be responsible for workers in the event of a work accident. The problems in this study focus on the implementation of the company's legal obligations in the implementation of K3 and the form of legal liability of PT Hari Sawit Jaya Negeri Lama for work accidents that occur in the company's environment. This study aims to analyze the implementation of company obligations based on the provisions of Law Number 13 of 2003 concerning Manpower and Law Number 1 of 1970 concerning Occupational Safety and to find out the form of legal protection provided to workers who are victims of work accidents. The research method used is empirical legal research with a statutory approach and a case approach. The research data was obtained through field research in the form of interviews with workers and former workers of PT Hari Sawit Jaya Negeri Lama, then analyzed qualitatively by connecting field facts and applicable legal provisions. The results of the study show that PT Hari Sawit Jaya Negeri Lama has carried out its legal responsibilities through the provision of occupational safety facilities, K3 training, the implementation of safety procedures, and the provision of protection through BPJS Ketenagakerjaan. However, the company's responsibility is not only limited to providing guarantees after an accident occurs, but also includes efforts to prevent and improve the work safety system on an ongoing basis. In conclusion, PT Hari Sawit Jaya Negeri Lama has fulfilled most of its legal obligations in worker protection, although optimizing the implementation of K3 is still needed to minimize the risk of work accidents.

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