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ISNU Nine-Star Multidisciplinary Journal (INS9MJ)
Published by ISNU Sumatera Utara
ISSN : -     EISSN : 30638984     DOI : 10. 70826
Core Subject : Religion, Economy, Humanities, Health, Science, Education, Agriculture, Art, Social, Engineering,
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ISNU Nine-Star Multidisciplinary Journal (INS9MJ) is an academic journal published by ISNU (Ikatan Sarjana Nahdlatul Ulama), dedicated to the dissemination of research and scholarly thought in the field of law and justice. The journal serves as a platform for academics, researchers, practitioners, and policymakers to exchange ideas, present findings, and discuss current issues in both national and international legal contexts. The scope of the journal includes, but is not limited to, the following areas: Constitutional Law Studies on state structure, constitutional principles, governance, democracy, and constitutional rights. Criminal Law Analyses of substantive criminal law, criminal procedure, criminology, victimology, and policies in combating corruption, terrorism, and other crimes. Civil Law Research on contract law, property law, family law, inheritance law, and civil procedural law. Administrative Law Discussions on the role of administrative law in governance, public policy, licensing, and state administration. Islamic Law Exploration of fiqh, contemporary Islamic jurisprudence, Islamic criminal law, family law, and the integration of Islamic principles into national legal systems. International Law Covers public and private international law, international human rights, humanitarian law, trade law, and global legal issues. Human Rights Law Research on the protection, enforcement, and development of human rights at national, regional, and international levels. Environmental Law and Sustainable Development Legal studies on environmental protection, natural resource management, climate change, and sustainable development policies. Business and Economic Law Covers corporate law, investment law, banking and finance law, intellectual property rights, and dispute resolution. Legal Philosophy and Theory Critical studies on the philosophy of law, legal theory, comparative law, and the development of jurisprudence.
Arjuna Subject : Umum - Umum
Articles 85 Documents
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Digital Participation and Active Involvement of Civil Society in Organizing Ideal Elections Farhan Fathur Rahman
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 1 (2024): Vo.1 No.1 May 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i1.28

Abstract

Digital participation and active involvement of civil society are important elements in organizing ideal and democratic elections. Digital technology opens up new spaces for the public to participate in the election process, either through social media, digital platforms, or special applications designed to monitor and ensure transparency and accountability of elections. The research method used is normative juridical, with a legislative, conceptual, and comparative approach. The legislative approach is used 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. The comparative approach is used to compare digital participation practices in elections in various 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 regulations are needed to support digital participation effectively and prevent misuse that can damage the integrity of elections. In conclusion, digital participation is an important means to increase public involvement in organizing ideal elections, but it needs to be accompanied by supportive policies and adequate public education. The suggestion from this research is to strengthen regulations on the use of technology in elections, increase public digital literacy, and encourage innovation in safe and transparent digital platforms for election participation.
Position and Content of Ministerial Regulations In the Perspective of the Presidential System Hari Sanjaya
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 1 (2024): Vo.1 No.1 May 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i1.29

Abstract

Regulatory obesity at the central and regional levels causes problems in the arrangement of legislation. The very diverse ministerial regulations make it difficult for local governments to follow up on them. 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 descriptively qualitatively, using a legislative and conceptual approach. The results of this study conclude that, first, ministerial regulations are basically not included in the hierarchy of legislation, they can only be issued by ministers as long as there is authority or an order from a higher law to regulate them and only apply internally for the interests of the institutions they lead. However, ministers/ministries in the presidential system are not responsible to parliament but to the President, so the right person to determine the legislation 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 does not need to delegate to ministers to form implementing regulations.
Case Study of Alternative Dispute Resolution for Inheritance Distribution of “Adopted Children and Apostasy Through Mediation” Sontayati Sihite
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 1 (2024): Vo.1 No.1 May 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i1.30

Abstract

This study examines alternatives for resolving inheritance disputes involving adopted children and apostates through mediation in Indonesia. The background of this study is the complexity of inheritance law that arises in cases involving adopted children and apostate heirs, where conflicts often occur between parties due to differences in interpretation of religious and customary law. Mediation is chosen as an alternative to resolve disputes peacefully and efficiently, considering that the litigation process is often time-consuming and expensive and can damage family relationships. The method used in this study is normative juridical with a case study approach. Data were obtained through analysis of court decisions, related legal documents, and interviews with mediators, heirs, and legal practitioners. The results of the study indicate that mediation can be an effective means of reaching a peaceful agreement, taking into account the interests of all parties and maintaining family relationships. The conclusion of this study confirms that mediation can be the main choice in resolving inheritance disputes involving adopted children and apostate heirs. Mediation allows for a fair and mutually beneficial resolution, reduces the potential for prolonged conflict, and maintains family harmony.
Case Study of Dispute Resolution Due to Force Majeure and Covid 19 Muhammad Nawawi
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 1 (2024): Vo.1 No.1 May 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i1.31

Abstract

This study analyzes the settlement of default disputes due to force majeure and the COVID-19 pandemic, which have caused delays in the implementation of contractual obligations. The background of this study focuses on the impact of COVID-19 as a force majeure event that affects various business sectors and causes the inability of parties to fulfill their obligations. The research method used is normative juridical, with an analytical approach to relevant legal regulations and case studies to understand the implementation of the law in force majeure situations. The results of the study show that COVID-19 is widely recognized as a legitimate reason for delaying obligations based on the principle of force majeure. The dispute resolution process often involves negotiation, mediation, or arbitration as an alternative to formal litigation. The conclusion of this study emphasizes the importance of force majeure provisions in contracts and flexibility in dispute resolution. Dispute resolution outside the courts, through mediation or arbitration, is often more efficient and solution-oriented than litigation. This study recommends that contracts include clear force majeure clauses and encourage the use of alternative methods to resolve disputes, in order to maintain fair and sustainable business relationships in the future.
Case Study of Dispute Resolution in Delayed Payment of Debts Due to Force Majeure and Covid 2019 Muhammad Ali
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 1 (2024): Vo.1 No.1 May 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i1.32

Abstract

The Covid-19 pandemic has caused various economic impacts, including delays in debt payments that have triggered legal disputes. This study aims to evaluate the resolution of disputes related to delays in debt payments due to Force Majeure conditions caused by the Covid-19 pandemic. Using normative legal research methods, this study analyzes relevant legal provisions, contracts, and court decisions related to Force Majeure cases in the context of the pandemic. This study also evaluates how positive law in Indonesia regulates and interprets Force Majeure in a pandemic situation. The results of the study indicate that the Covid-19 pandemic can be considered a Force Majeure condition in several cases, depending on the provisions of the contract and the judge's interpretation. Some courts grant a delay or exemption from payment obligations, while others reject the application if there is no Force Majeure provision in the contract or if the reasons submitted are considered ineligible. In conclusion, although Covid-19 can be recognized as Force Majeure, its effectiveness as a legal basis for delaying payments is highly dependent on the provisions of the contract and the judge's assessment. This study recommends writing a clearer Force Majeure clause in the contract to avoid future disputes.
Concept And Theory Of Legal Subjects In Islamic Law Farhan Fathur Rahman
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 2 (2024): SEPTEMBER 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i2.98

Abstract

This study explores the concept and theory of legal subjects (mukallaf) in Islamic law, focusing on individuals deemed responsible for carrying out legal obligations (taklif). A mukallaf is defined as a person who is mature, rational, and free from hindrances such as coercion or ignorance, ensuring they understand and accept the responsibilities and rights imposed upon them by Islamic law. The dynamic nature of the mukallaf, shaped by time and place, highlights the importance of aligning legal rulings with the conditions of legal subjects. The research employs a juridical-normative approach, analyzing primary sources of Islamic law, such as the Qur’an, Hadith, and classical legal texts. This method focuses on examining the normative aspects of legal subjects and their evolving role within the framework of Islamic jurisprudence. Secondary data from scholarly works on Islamic law are also utilized to deepen the analysis of the mukallaf's criteria and responsibilities. The findings reveal that the legal obligations imposed on mukallaf must take into account their rational capacity, which influences their ability to fulfill taklif. Changes in societal context necessitate the continuous adaptation of legal rulings to ensure fairness and relevance. The study underscores that reason (aql) plays a central role in determining legal accountability, with the presence or absence of reason dictating the nature of the obligations imposed. In conclusion, the concept of mukallaf reflects a balanced relationship between law and its subjects, where the application of Islamic law must remain responsive to the evolving conditions of individuals while adhering to the principles of Sharia.
Affirmative Actionrole And Participation Of Women 30% Representation In Political Parties And Parliament Dinda Suciana Rambe
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 2 (2024): SEPTEMBER 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i2.99

Abstract

This study examines the role of affirmative action in promoting women's participation through the 30% representation quota in political parties and parliament. Women's involvement in politics remains limited, and the quota system is a key policy tool to enhance gender equality in political decision-making. However, achieving meaningful representation requires more than just policy mandates; it demands strategic efforts to empower women within political structures. The research uses a juridical-normative approach, focusing on the legal framework governing affirmative action and the 30% quota for women in politics. Primary legal sources, including national laws and international conventions, are analyzed alongside secondary data from academic literature and case studies. The analysis evaluates the effectiveness of the quota system in enhancing women's roles in political parties and parliament and identifies factors that facilitate or hinder progress toward gender parity. The findings reveal that while the 30% quota policy has opened the door for greater female participation, its success depends on several factors. These include political party commitment to gender equality, the effectiveness of recruitment processes, and the provision of political education and mentorship for women. Furthermore, issues such as internal party culture, societal attitudes toward women in leadership, and the lack of comprehensive implementation strategies remain significant obstacles. The research also highlights the importance of political education, open recruitment systems, and women supporting each other to ensure sustainable progress. In conclusion, while the affirmative action policy and quota system are important steps toward achieving gender equality in politics, more targeted efforts are required. These include advancing women's political skills, ensuring open recruitment processes, and institutionalizing women's issues within party agendas. Political parties must take a proactive role in supporting female candidates and leaders to fulfill the long-term goals of gender parity.
Implementation Of Behavioristic And Cognitive Theories Ahmad Baqi
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 2 (2024): SEPTEMBER 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i2.100

Abstract

This study explores the implementation of behavioristic and cognitive theories within the legal and policy framework. Behavioristic theory emphasizes observable behavior and how it is shaped by environmental stimuli, while cognitive theory focuses on internal mental processes, such as perception, thinking, and problem-solving. Both theories have significant implications for understanding human behavior, particularly in legal contexts such as criminal law, education policy, and behavior regulation. This research investigates how these psychological theories are applied in legal norms and public policies to shape behavior and decision-making. The research employs a juridical-normative approach, focusing on the legal framework and regulations that incorporate elements of behavioristic and cognitive theories. Through the analysis of laws, regulations, and policies, the study examines how these psychological principles are integrated into the creation of legal norms and the formulation of public policies. This method includes a detailed review of primary legal sources, such as statutes and policy documents, and secondary sources, including academic literature and theoretical studies. The results reveal that behavioristic theories are often applied in legal systems through punishment and reward mechanisms, aiming to modify individual behavior in criminal law and public policy. On the other hand, cognitive theories are implemented in areas that require decision-making, education, and rehabilitation, emphasizing the importance of mental processes in influencing legal outcomes. Both theories are used to achieve social control, compliance with laws, and improvement of individual decision-making processes. In conclusion, the study finds that the implementation of behavioristic and cognitive theories in law is instrumental in influencing human behavior and enhancing the effectiveness of legal systems. However, a balance between these approaches is essential to address both external behavior and internal cognitive processes in legal and policy frameworks.
The Influence Of Mathematical Critical Thinking Skills: Motivation, Learning Model, And Learning Style Khairunnisa Siregar
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 2 (2024): SEPTEMBER 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i2.101

Abstract

This study aims to examine the influence of motivation, learning models, and learning styles on students' mathematical critical thinking skills. Critical thinking is an essential skill in mathematics, as it helps students solve complex problems by applying logical reasoning and analysis. The importance of motivation, appropriate learning models, and personalized learning styles is crucial to fostering critical thinking abilities in students. The research uses a normative juridical approach, focusing on the relationship between educational norms and the application of different learning strategies. Data is collected through literature review, analyzing previous studies, educational policies, and theoretical frameworks related to motivation, learning models, and learning styles. The descriptive qualitative method was employed to interpret and analyze the data. The results reveal that motivation plays a significant role in enhancing critical thinking skills. Students with higher motivation levels tend to perform better in mathematical reasoning and problem-solving. Moreover, the choice of learning models impacts the development of students' critical thinking skills. Problem-based learning models, for instance, engage students in real-world problem-solving activities, thereby enhancing their mathematical reasoning abilities. Furthermore, accommodating students’ individual learning styles is essential for optimizing their critical thinking potential. Visual learners, for example, may excel in analyzing diagrams and charts, while auditory learners might benefit from verbal explanations. In conclusion, the findings suggest that motivation, learning models, and learning styles are all significant factors that influence students' mathematical critical thinking skills. Educators should focus on creating an engaging learning environment that fosters motivation, employs diverse learning models, and adapts to different learning styles to enhance students' critical thinking abilities in mathematics. These efforts will lead to improved academic performance and better problem-solving skills among students.
Types Of Examination Procedures In State Administrative Court Dea Ananda Amira; Muhammad Ryan Abdillah; Vina Amanda
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 2 (2024): SEPTEMBER 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i2.102

Abstract

This study examines the mechanisms of the Administrative Court (PTUN) in resolving disputes between citizens and the government through various types of examination procedures. Three main types of examination procedures discussed are ordinary examination procedures, expedited examination procedures, and shortened examination procedures. The ordinary examination procedure includes key stages such as filing a lawsuit, administrative review, deliberation meetings, and preparatory examination (dismissal process), systematically regulating the legal process for efficiency. Meanwhile, expedited examination procedures are implemented for cases requiring immediate attention, while shortened examination procedures are designed to resolve simpler cases. This study also highlights the importance of guidelines from the Supreme Court, which serve as a reference in the examination process, especially when the plaintiff files an objection to existing rulings. Each type of examination procedure plays a significant role in ensuring justice and legal certainty for the parties involved. With a good understanding of these various examination procedures, it is hoped that legal practitioners and the public can navigate the administrative court process more effectively and efficiently.

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