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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 96 Documents
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Criminal Acts of Persecution in the Perspective of Islamic Criminal Law and the Criminal Code: A Comparative Analysis of Concepts and Sanctions Fery Dianta Ginting; Mhd Yadi Harahap
Jurnal Cendikia ISNU SU Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1324

Abstract

The crime of persecution is a crime against the human body that has a direct impact on the protection of human rights, a sense of justice, and social order, so that its regulation is an important issue in criminal law. Differences in the applicable legal system affect how an act is qualified as persecution and how criminal sanctions are imposed on the perpetrator. This paper aims to analyze comparatively the concept of the criminal act of persecution and its sanctions from the perspective of Islamic Criminal Law and the Criminal Code, as well as assess the relevance of the normative values contained in it for the development of national criminal law. This study uses normative legal research methods with legislative, conceptual, and comparative approaches. The legal materials used include laws and regulations, sources of Islamic law, as well as relevant legal doctrines and literature, which are analyzed qualitatively by prescriptive-analytical methods. The results of the discussion show that the Criminal Code views persecution as a violation of public order and the legal interests of the state with the imposition of criminal sanctions that are repressive and state-centric, so that the role of victims in the criminal process is relatively limited. Islamic Criminal Law views persecution as a jinayah against the human body that emphasizes the principles of balance, proportionality, and protection of the rights of victims through the concepts of qishash and diyat, as well as opening up space for forgiveness and the restoration of social relations. The conclusion of this study confirms that the comparison of the two legal systems shows a significant difference in the criminal paradigm, where the values of substantive justice and restorative orientation in Islamic Criminal Law have important relevance to be used as a normative reference in the reform of national criminal law, especially in the regulation of criminal acts of persecution that are more just and humane.
Reconstruction of the Theory of Legal Authority in Islam: A Dialectic between Revelation, Reason, and Social Reality Manswab Mahsen Abdulrahman; Abdul Rahman; Muhammad Sopyan; Khairuddin Hasibuan
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1475

Abstract

This study reconstructs the theory of legal authority in Islam by examining the dialectical relationship between revelation, reason, and social reality as the three fundamental epistemological pillars of Islamic legal formation. The study is motivated by the inadequacy of classical hierarchical models of legal authority to fully explain contemporary legal challenges arising from technological advancement, globalization, and increasing social complexity. Accordingly, the research aims to develop a reconstructed theoretical framework that explains how Islamic legal authority is generated through the dynamic interaction of divine revelation, rational interpretation, and empirical social context. This research employs a qualitative library research method using historical, philosophical, and conceptual approaches. Primary sources include the Qur'an, Hadith, classical works of uṣūl al-fiqh, and contemporary scholarship on Islamic legal theory, which are analyzed through critical, comparative, and dialectical methods. The findings demonstrate that revelation remains the supreme source of normative legitimacy, reason functions as the epistemological mechanism for legal interpretation through qiyās, istiḥsān, and maṣlaḥah, while social reality serves as an empirical dimension that continuously shapes contextual legal reasoning through ijtihād. Beyond reaffirming these traditional roles, this study proposes a reconstructed Triadic Dialectical Authority Model, in which legal authority emerges from the continuous interaction among normative legitimacy, rational coherence, and contextual responsiveness rather than from a purely hierarchical relationship. This model offers a theoretical contribution by redefining Islamic legal authority as a dynamic epistemological system capable of preserving the primacy of revelation while remaining adaptive to contemporary legal and societal transformations. The study concludes that the future development of Islamic jurisprudence requires an integrative approach that strengthens collective ijtihād, interdisciplinary engagement, and maqāṣid al-sharī'ah-oriented legal reasoning to ensure both normative authenticity and practical relevance.
From Usul Fiqh to Modern Islamic Legal Theory: The Transformation of Legal Discovery Methodology in the Islamic Intellectual Tradition Azka Rayyani; Eka Putra Zakran; Maya Surya
Jurnal Cendikia ISNU SU Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1476

Abstract

The development of modern society has given rise to increasingly complex legal issues, thus demanding reforms in the methodology for discovering Islamic law. In the classical Islamic intellectual tradition, ushul fiqh serves as the primary methodological framework for understanding and establishing law derived from the Qur'an and Sunnah. This study aims to analyze the transformation of the methodology for discovering law from the classical ushul fiqh framework to the development of modern Islamic legal theory within the Islamic intellectual tradition. This study employed library research with historical and normative approaches. Data were obtained through a review of classical ushul fiqh literature and the works of modern Islamic legal thinkers. The historical approach was used to trace the development of the methodology for establishing law within the Islamic tradition, while the normative approach was used to analyze methodological concepts in Islamic legal theory and their relevance to contemporary issues. The results show that classical ushul fiqh developed a methodology for discovering law oriented toward textual analysis of the sources of revelation and the use of legal analogy as a rational instrument in expanding the scope of law. However, the complexity of modern issues has given rise to criticism of the limitations of this approach. In the development of contemporary thought, modern Islamic legal theory seeks to integrate the maqasid al-shariah approach, the principle of benefit, and social analysis as a more contextual methodological framework in the process of legal discovery. This study concludes that the transformation of legal discovery methodology within the Islamic tradition is a process of intellectual evolution aimed at maintaining the relevance of Islamic law in the face of changing times. Therefore, the development of Islamic legal methodology needs to continue to be directed towards integrating normative principles of sharia with analysis of the social realities of modern society.
Maqashid al-Shariah as a Paradigm of Contemporary Islamic Legal Theory Zulfikri; Sofwan Tambunan; Zaini Munawir; Ahmad Senang
Jurnal Cendikia ISNU SU Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1477

Abstract

Maqashid al-shariah is a fundamental concept in Islamic law that explains the purpose of establishing sharia to realize human welfare. In the development of modern Islamic legal thought, this concept is increasingly gaining attention as a methodological approach in understanding Islamic law more contextually. This study aims to analyze the basic concept of maqashid al-shariah, the development of its thought in the tradition of classical scholars, and its relevance as a paradigm in the development of contemporary Islamic legal theory. This study uses a qualitative approach with a literature study method through a conceptual analysis of classical and modern literature on maqashid al-shariah. The results of the study indicate that the concept of maqashid al-shariah has been formulated systematically by scholars of the usul fiqh, especially Abu Hamid Al-Ghazali and Abu Ishaq Al-Shatibi, who emphasize that the main purpose of sharia is to maintain human welfare through the protection of five basic needs. In the development of modern thought, this concept was then expanded by thinkers such as Muhammad al-Tahir Ibn Ashur and Yusuf al-Qaradawi so that maqashid was not only understood as a theory in the principles of fiqh, but also as a methodological paradigm in formulating more contextual Islamic law. In conclusion, maqashid al-shariah has significant relevance as a paradigm in the development of contemporary Islamic legal theory because it is able to explain the relationship between the text of the sharia and the beneficial objectives to be realized. Therefore, the maqashid approach needs to continue to be developed in the study of Islamic law so that it can make a more adaptive contribution to the dynamics of modern society.
Regulatory Challenges of Electronic Agreements in E-Commerce Transactions in Indonesia: Towards an Adaptive Legal Framework Zulfikri; Adlin Budhiawan
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1951

Abstract

The development of e-commerce has changed the formation of contractual relationships through the use of electronic contracts, click-wrap agreements, standard contracts, and digital platforms. Although Indonesia has recognized the applicability of electronic contracts, the development of digital transactions raises issues regarding regulatory coherence, consumer protection, transparency of approval, and platform responsibility. This study aims to analyze the regulatory challenges of electronic agreements in e-commerce transactions  in Indonesia and formulate a legal framework that is adaptive to the development of digital technology. The research uses normative legal methods with legislative, conceptual, and comparative approaches. Legal materials are analyzed qualitatively through regulatory gap analysis of contract law, electronic transactions, consumer protection, and trade through electronic systems. Research shows that the main problem lies not in the lack of legal recognition of electronic contracts, but in regulatory fragmentation, contractual imbalances, limited transparency of digital consent, and the lack of optimal construction of platform responsibilities. Indonesia's regulatory framework needs to shift from a formal approach to an adaptive approach that integrates legal certainty, regulatory coherence, substantive fairness, and digital accountability. There is a need for regulatory harmonization,  strengthening of informed digital consent standards, risk-based platform responsibility, effective recovery mechanisms, and periodic regulatory evaluation.
Consumer Protection and Regulatory Challenges in Digital Insurance Services on E-Commerce Platforms in Indonesia Azka Rayyani; Hasan Munthe
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1952

Abstract

Digital transformation has encouraged the integration of insurance products into e-commerce platforms, thereby increasing access and efficiency of transactions, but at the same time creating multidimensional legal relationships involving consumers, insurance companies, digital platforms, and third parties. These conditions raise issues regarding information transparency, responsibility sharing, personal data protection, and the effectiveness of consumer recovery. This study aims to analyze the adequacy of the Indonesian legal framework in protecting consumers who use digital insurance services on e-commerce platforms  and identify regulatory challenges and the need for law strengthening. The research uses normative legal methods with legislative, conceptual, and analytical approaches. Legal materials are analyzed qualitatively juridically through interpretation, vertical and horizontal synchronization, and identification of regulatory gaps and fragmentation. The results show that Indonesia already has a relatively comprehensive regulatory coverage through consumer protection laws, insurance, the financial services sector, electronic commerce, and personal data protection. However, regulatory fragmentation creates unclear distribution of responsibilities between insurance companies and e-commerce platforms, especially related to transparency, consumer consent, data processing, and dispute resolution. The main problem is not the absence of regulation, but the weak regulatory coherence and accountability in the digital ecosystem. There is a need for harmonization of regulations based on ecosystem governance and the implementation  of functional allocation of responsibility to ensure effective consumer protection without hindering digital innovation.  
Worker Protection in the Gig Economy: Reformulating Indonesian Labor Law through Positive and Islamic Law Perspectives Ending Solehudin; Khairunnisa Siregar
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1953

Abstract

The development  of the gig economy based on digital platforms creates work flexibility, but at the same time creates uncertainty about the legal status and worker protection gap in the Indonesian labor system. This study aims to analyze the adequacy of Indonesia's positive laws in protecting gig economy workers  and formulate a legal reformulation model based on the perspective of positive law and Islamic law. The research uses normative legal methods with legislative, conceptual, comparative, and Islamic law approaches. Legal materials are analyzed qualitatively and prescriptively to identify legal gaps and formulate more adaptive legal constructions. Research shows that formal status-based protection approaches are inadequate because platform control takes place through algorithms, incentive systems, ratings, job distribution, and deactivation. Reformulation needs to use substantive indicators in the form of control, economic dependency, risk, and the factual character of the employment relationship. The principles of 'adl, ijarah, maslahah, ḥifẓ al-māl, and ḥifẓ al-nafs reinforce the orientation of these protections. The layered protection model is more relevant than the binary classification of workers and partners. Indonesia needs to establish a work platform regulatory framework  that guarantees fair remuneration, portable social security, occupational safety, algorithmic transparency, data protection, and access to justice by taking into account the development of ILO Convention No. 193 of 2026.  
Tax Amnesty in Indonesia: A Legal Analysis of Tax Compliance and Fiscal Policy Reform Khotibul Umam; Imamuddin; Tasyah Ramadhani
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1954

Abstract

Tax amnesty is a fiscal instrument used by Indonesia to increase revenue, expand the tax base, and encourage the disclosure of unreported assets. However, the policy raises issues regarding justice, legal certainty, and the sustainability of taxpayer compliance. This study aims to analyze the legitimacy of tax amnesty law, its normative influence on taxpayer compliance, and its relevance to Indonesia's fiscal policy reform. The research uses normative juridical methods with legislative, conceptual, historical, and policy approaches. Legal materials are analyzed qualitatively-prescriptively through systematic and teleological interpretations of tax regulations and relevant academic literature. Research shows that tax amnesty has formal legitimacy based on Law Number 11 of 2016, but its substantive legitimacy is conditional. This policy can increase revenue and expand the tax base, but has the potential to create moral hazard if it is not followed by credible law enforcement. Developments through Law Number 7 of 2021 show a shift towards more integrated tax reform. Tax amnesty should be positioned as a transitional instrument, not a policy of repeated amnesty. Reforms need to prioritize data integration, risk-based supervision, consistency of law enforcement, taxpayer protection, and long-term compliance indicators.  
Reforming the Value-Added Tax Regulation on Electronic Commerce in Indonesia: Advancing Fairness in Digital Taxation Ahmad Yani Anshori; Raja Muda Pahlevi Siregar
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1955

Abstract

The transformation of electronic commerce has created new challenges for the Value Added Tax (VAT) system, especially in ensuring fair taxation of domestic and cross-border digital transactions. Indonesia has developed a VAT regime for Trade Through Electronic Systems (PMSE), but the development of digital business models raises issues regarding neutrality, distribution of obligations, proportionality of compliance burdens, and legal certainty. This study aims to analyze the adequacy of electronic trade VAT regulations in Indonesia and formulate reform directions that can strengthen fairness in digital taxation. The research uses normative legal methods with legislative, conceptual, comparative, and analytical approaches through studies of primary, secondary, and international digital tax policy developments. The results of the study show that Indonesian regulations have improved the effectiveness of collection, but still face the asymmetry of responsibility between platforms, merchants, foreign digital providers, and consumers. The research produced  a Fair Digital VAT Regulatory Model based on destination-based taxation, functional platform liability, tax neutrality, proportional compliance, and accountable digital administration. The model is recommended as a reform direction to integrate fiscal effectiveness with substantive justice, legal certainty, and competitive neutrality in Indonesia's digital trade ecosystem.  
Digital Transformation of Islamic Banking in Indonesia: Regulatory Challenges in Promoting Financial Inclusion Achyar Zein; Abdul Hakim
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1956

Abstract

Digital transformation has changed the model of implementing Islamic banking in Indonesia and opened up opportunities to expand financial inclusion. However, increasing access through digital services does not automatically guarantee substantive inclusion because there are still issues of digital literacy, consumer protection, data security, cybersecurity, and regulatory fragmentation. This study aims to analyze regulatory challenges in the digital transformation of Indonesian Islamic banking and assess the ability of the applicable legal framework to promote safe and equitable financial inclusion. The research uses doctrinal legal research methods with legislative, conceptual, analytical, policy, and limited comparative perspectives. Legal materials are analyzed qualitatively through norm identification, systematic interpretation, and evaluation of regulatory coherence. The results of the study show that Indonesia already has a relatively comprehensive regulatory framework, but still faces the problem of fragmentation and weak integration between digital governance, consumer protection, data protection, financial inclusion, and Sharia governance. The research concludes that digitalization cannot be seen as an automatic inclusion instrument. The research recommends the development of an adaptive, risk-based, and inclusion-oriented regulatory architecture by strengthening inter-agency coordination, consumer and data protection, digital supervision, and technological competence in sharia governance.  

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