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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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The Problem of Independence and Effectiveness of Arbitration in the Indonesian Legal System: An Analysis of the Position of Arbitral Awards and Their Enforcement Mechanisms Risna Dayanti; Maisa Faizahra Ramadhani; Dilla Pratiwi; Nurul Hidayah Ritonga; Mellysa Putri Lestari
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.v1i2.244

Abstract

Arbitration has become one of the growing dispute resolution mechanisms in the Indonesian legal system because it offers a more flexible, fast, and confidential process than litigation resolution. However, behind the strengthening of the position of arbitration through Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, there are still issues regarding the independence of arbitration and the effectiveness of the implementation of its award, especially because of the court's involvement in the process of recognition and execution of arbitral awards. This research aims to analyze the position of arbitration in the Indonesian legal system and examine various problems that affect the effectiveness of the implementation of arbitral awards, especially related to the relationship between arbitration authority and judicial institutions. This study uses a normative juridical method with a legislative approach, a conceptual approach, and a case approach. Research data was obtained through a literature study of laws and regulations, legal doctrines, academic literature, and court decisions related to the recognition and execution of arbitral awards. The results of the study show that arbitration has gained strong legitimacy as an alternative dispute resolution mechanism, but its effectiveness still faces obstacles in the implementation stage of awards due to dependence on the courts, differences in legal interpretation, and institutional challenges of arbitration. The conclusion of this study emphasizes that strengthening arbitration in Indonesia not only requires adequate regulation, but also harmonization of the relationship between arbitration and the court as well as improving the professionalism of arbitration institutions to ensure legal certainty and the effectiveness of dispute resolution.
Misuse of the Concept of Loyalty as a Legitimacy of Wage Rights Violations and Working Time Restrictions: An Analysis of Labor Law Protection in Indonesia Sepia Walandari; Nadhila safira; Rheny windi Nabila; Mirza Nasution
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.245

Abstract

The development of modern work culture has given birth to the phenomenon of abuse of the concept of loyalty which is often used as legitimacy to justify the provision of work outside the normal working time limit without the fulfillment of the right to overtime wages. This condition creates an imbalance in employment relations and has the potential to ignore the normative rights of workers guaranteed by labor law. This study aims to analyze the legal protection of wage rights and work time restrictions and examine the abuse of the concept of loyalty as a form of legitimacy of violations of workers' rights in labor relations in Indonesia. This study uses a legal research method with a normative juridical approach supported by an empirical juridical approach. Data was obtained through literature studies of laws and regulations, books, scientific journals, and relevant legal documents, then analyzed qualitatively using descriptive-analytical methods. The results of the study show that the provisions regarding working time, overtime, and wages have been comprehensively regulated in laws and regulations, but their implementation has not been fully effective due to the development of a work culture that identifies loyalty with a willingness to work indefinitely and without proper compensation. This practice shifts the meaning of loyalty from ethical values to an instrument of exploitation that is contrary to the principle of labor law protection. This study concludes that loyalty cannot be used as an excuse to reduce or eliminate workers' normative rights. Therefore, it is necessary to strengthen labor supervision and develop a culture of industrial relations that places the protection of workers' rights as an integral part of increasing company productivity.
Conceptualization of Wahdatul 'Ulum: A Philosophical Analysis of the Unity of Knowledge in the Islamic Scientific Tradition Ahmad Nazir Siregar; Yusril Fahmi; Audia Zahara; Pusvita Ramadhani Nababan; Indra Utama Tanjung
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.246

Abstract

The development of modern science has given birth to a fragmentation of science that separates religious science and general science, thus giving rise to an epistemological crisis in the Islamic educational tradition. This condition encourages the need to reconstruct a scientific paradigm that is able to integrate various disciplines in one complete philosophical framework. This study aims to analyze the conceptualization of Wahdatul 'Ulum as a paradigm of unity of knowledge in the Islamic scientific tradition, examine its philosophical foundation, its conceptual structure, and its relevance to the development of contemporary science. The research uses a qualitative approach with the library research method. Data were obtained from various primary and secondary literature related to Islamic epistemology, philosophy of science, and the thought of Muslim scholars, then analyzed using content analysis through a descriptive-analytical approach. The results of the study show that Wahdatul 'Ulum is an epistemological paradigm built on the unity of ontology, epistemology, and axiology based on the principle of monotheism. This paradigm views revelation, reason, senses, and intuition as complementary sources of knowledge and places all branches of science as one knowledge system oriented to the benefit of humans. Compared to various other models of science integration, Wahdatul 'Ulum not only offers curriculum integration, but also reconstructs a perspective on the essence of science. Thus, Wahdatul 'Ulum has philosophical relevance as a paradigm for the development of Islamic higher education, multidisciplinary research, and strengthening the ethical foundation of science in responding to epistemological crises in the era of globalization and technological development.
Arbitration Authority in Business Dispute Resolution in Indonesia trinarti pasaribu; Habibi Natama Ritonga; Raja Brahma Sembiring; Nurhatifah Manurung; Ahmad Yani Anshori
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.247

Abstract

Arbitration has become one of the important mechanisms in the resolution of business disputes in Indonesia, mainly due to its ability to provide a faster, more flexible, and confidential resolution compared to general courts. However, there are various legal issues related to the authority of arbitration, especially in terms of the implementation of the arbitration award and the involvement of the court in the execution process. This research aims to analyze the authority of arbitration in the resolution of business disputes in Indonesia, evaluate the effectiveness of the implementation of arbitration decisions, and discuss future developments in arbitration policies and regulations. This research uses a normative juridical method with a legislative approach, utilizing primary legal materials such as Law Number 30 of 1999 concerning Arbitration, as well as secondary legal materials in the form of journals, books, and scientific articles. The data analysis technique used is qualitative, which analyzes various legal rules and their implementation in arbitration practices in Indonesia. The results of the study show that the authority of arbitration in Indonesia has been regulated quite clearly through laws and regulations, although in practice there are obstacles in the execution of arbitral awards involving courts. In addition, the practice of arbitration in Indonesia continues to grow, but challenges remain related to competition with international arbitration bodies and the need for regulatory reform. The discussion of this research highlights the advantages and disadvantages of arbitration compared to the courts, the effectiveness of the implementation of arbitration decisions, and the direction of arbitration policies going forward, including the adoption of technology and harmonization with international standards. The conclusion of this study emphasizes that arbitration is an effective business dispute resolution mechanism, but it requires strengthening in the aspects of regulation and decision implementation. This research recommends policy reforms to strengthen arbitration mechanisms and encourage businesses to utilize arbitration as an efficient and effective solution.
Dispute Resolution in Arbitration Law Reviewed from Law No.30 of 1999 Muhammad Ihsan; Muhammad Zailani Al Husaini; Fadillah alfattah; Muhammad Ikhlas Bin Rosele
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.248

Abstract

Out-of-court dispute resolution is an important alternative in the Indonesian legal system, especially through the arbitration mechanism regulated by Law No. 30 of 1999. This article examines dispute resolution through arbitration and alternative dispute resolution (APS), emphasizing key principles such as the autonomy of the parties, the finality of the award, and the prohibition of court interference. This research uses a qualitative approach with a literature review that highlights the role and implementation of arbitration in a wide range of disputes, including civil and criminal cases. The findings show that although arbitration has advantages such as speed and confidentiality, challenges remain, particularly in terms of the implementation of arbitration awards in Indonesia. In addition, the application of arbitration principles, such as freedom of choice of law and the place of arbitration, requires strengthening regulations in order to ensure legal certainty. This article also highlights the potential for resolving criminal disputes through criminal mediation based on the values of restorative justice, but still requires clearer regulations to support this practice.
Problems of Legal Protection of Contract and Outsourcing Workers After Law Number 6 of 2023 concerning Job Creation Vania Andari Damanik; Zayyan Tsabitah Panjaitan; Layla Witra; Zulfikri
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.249

Abstract

The development of an increasingly flexible labor relations system through the implementation of Fixed-Time Work Agreements (PKWT) and outsourcing after the reform of Job Creation regulations has raised a debate about the effectiveness of legal protection for workers in Indonesia. On the one hand, the policy aims to increase investment competitiveness and business efficiency, but on the other hand, it raises problems related to job security, the fulfillment of normative rights, and the balance of industrial relations. This study aims to analyze the problems of legal protection for contract and outsourcing workers in the Indonesian labor system after the reform of Job Creation regulations. This research is a normative legal research using a legislative approach and a conceptual approach. The legal materials used are primary, secondary, and tertiary legal materials that are analyzed qualitatively descriptively with a deductive conclusion method. The results of the study show that regulatory reform through Law Number 6 of 2023 provides wider flexibility on the use of PKWT and outsourcing, but has not been fully followed by the strengthening of legal protection mechanisms for workers. The elimination of restrictions on the types of work that can be outsourced, weak labor supervision, and unclear responsibilities in outsourcing employment relationships still have the potential to reduce legal certainty and the protection of workers' rights. The Constitutional Court Decision Number 27/PUU-IX/2011 remains the constitutional basis that the implementation of outsourcing must guarantee workers' rights. Therefore, the effectiveness of legal protection requires a balance between the flexibility of employment relationships, legal certainty, and the strengthening of law enforcement in the Indonesian labor system.
Legal Implications of Unilateral Termination of Employment on the Protection of Workers' Rights in the Indonesian Employment System Mehnaj Ayuda; Dinda Nurul Amalia; Maulana Sutan Hasibuan; Zulfirmansyah Rimbun; Jasni bin Sulong
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.250

Abstract

Unilateral termination of employment (PHK) is still one of the main problems in industrial relations in Indonesia because it has the potential to ignore the normative rights of workers and cause legal uncertainty. Changes to labor regulations through Law Number 6 of 2023 concerning Job Creation are expected to be able to create a balance between the flexibility of the business world and the protection of workers, but its implementation still faces various challenges. This study aims to analyze the legal implications of unilateral termination of employment on the protection of workers' rights and examine the effectiveness of the applicable legal arrangements in the Indonesian labor system. This research is a normative legal research using a legislative approach and a conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials that are analyzed qualitatively descriptively through deductive reasoning methods. The results of the study show that layoffs can only be carried out based on the reasons and procedures determined by laws and regulations and must be accompanied by the fulfillment of workers' rights in the form of severance pay, service award money, and other normative rights. However, the practice of unilateral layoffs still causes economic, social, and psychological losses for workers due to weak company compliance, labor supervision, and the effectiveness of law enforcement. Therefore, legal protection of workers requires more effective implementation of regulations, optimal supervision, and consistent law enforcement to ensure legal certainty and justice in industrial relations.
Arbitration as an Alternative to Dispute Resolution in the Indonesian Legal System Analysis of Legal Effectiveness and Certainty Sabilah Widyanti; Desti Nur Fitriah Pasaribu; Farida Maharani Nasution; Annisa Divanny Nasution; Misli Ihsana Darlian
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.251

Abstract

The increase in the complexity of business relationships requires a dispute resolution mechanism that is able to provide legal certainty quickly, efficiently, and fairly. Dispute resolution through litigation often faces obstacles in the form of lengthy procedures, high costs, and the potential to disrupt the business relationship of the parties. In this context, arbitration is present as an alternative form of dispute resolution that has gained recognition in the Indonesian legal system through Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This study aims to analyze the position of arbitration as an alternative solution to dispute resolution, its implementation mechanism, and the legal force of arbitration awards in ensuring legal certainty for the parties. The research uses a normative juridical method with a legislative approach and a conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials that are analyzed qualitatively descriptively through deductive reasoning. The results of the study show that arbitration has advantages in the form of flexible procedures, faster dispute resolution, relatively efficient costs, confidentiality of the examination process, and freedom of the parties in choosing arbitrators who have competence in the field of dispute. In addition, final and binding arbitration awards provide legal certainty while ensuring the effectiveness of dispute resolution, although its implementation still faces challenges in the form of low utilization of arbitration and obstacles to the execution of awards in practice. Therefore, arbitration is an effective dispute resolution instrument to support a conducive business climate, increase legal certainty, and realize fast, efficient, and fair dispute resolution.
Paradigm of Employment Law Protection in Indonesia between Legal Certainty, Justice, and Utility M Hafizh Maulana; Daffa Akmal Manurung; Abdilbar Alfahrizi; Syahrul Agil
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.252

Abstract

Labor law is an important instrument in realizing fair industrial relations through a balance between the interests of workers and employers. The dynamics of changes in labor regulations in Indonesia, especially after the amendment of the Labor Law through the Job Creation Law, have various consequences for the effectiveness of legal protection for workers as well as legal certainty for the business world. This study aims to analyze the paradigm of legal protection in the Indonesian labor system, identify the problems of implementing legal norms in industrial relations, and examine the direction of strengthening labor policies in realizing harmonious and sustainable industrial relations. The research uses a normative juridical method with a regulatory approach, a conceptual approach, and an analytical approach. Data was obtained through literature studies of laws and regulations, court decisions, legal doctrines, and various relevant scientific literature, then analyzed qualitatively. The results of the study show that Indonesia's labor law already has an adequate normative basis to protect workers' rights, but its implementation still faces various obstacles in the form of inequality of bargaining position between workers and employers, weak labor supervision, low legal compliance, and non-optimal industrial relations dispute resolution mechanisms. Regulatory changes also show a shift in orientation between worker protection and the need for labor market flexibility, so that a balance of policies is needed that is able to ensure legal certainty, protection of workers' rights, and the sustainability of the business world. Thus, the effectiveness of labor law is not only determined by the quality of the substance of the regulation, but also by the institutional strengthening, law enforcement, and legal culture of all industrial relations actors.
The Effectiveness of Arbitration as an Alternative to Business Dispute Resolution: Between Procedural Efficiency and Certainty of Adjudication Refli Attalariq Pane; Raihan Ryanta Akbar; Ahmad Syahbuddin Ritonga; Ibnu Zarir; Zulfarhan Ibrahim Harahap
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.253

Abstract

The development of increasingly complex business activities demands a dispute resolution mechanism that is not only able to provide legal certainty, but also ensure the efficiency of the case settlement process. Arbitration is present as an alternative dispute resolution that offers procedural flexibility, confidentiality, and faster resolution than litigation. However, the effectiveness of arbitration is not only determined by procedural efficiency, but also by the certainty of the implementation of the award. This study aims to analyze the effectiveness of arbitration as an alternative to business dispute resolution by focusing on the relationship between procedural efficiency and the certainty of award implementation in the Indonesian legal system. The research uses a normative juridical method with a legislative approach and a conceptual approach. The legal materials used include primary, secondary, and tertiary legal materials that are analyzed qualitatively through prescriptive analysis methods. The results of the study show that arbitration has advantages in the form of more flexible procedures, relatively fast dispute resolution, process secrecy, and freedom of the parties to choose arbitrators who have competence according to the character of business disputes. Nonetheless, the effectiveness of arbitration has not been fully determined by procedural efficiency as the implementation of awards still depends on the support of judicial institutions, particularly in the process of execution and annulment of arbitral awards. Therefore, the effectiveness of arbitration can only be realized if procedural efficiency goes hand in hand with the certainty of the implementation of the award through the consistent application  of the principle of final and binding and the limitation of court intervention in accordance with the provisions of laws and regulations.

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