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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,
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Astronomy Automotive Engineering Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Control & Systems Engineering Decision Sciences, Operations Research & Management Dentistry Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Engineering Environmental Science Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Mechanical Engineering Medicine & Pharmacology Neuroscience Nursing Physics Public Health Social Sciences Transportation Veterinary Other
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 131 Documents
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Protection of Industrial Design Rights against the Imitation of Local Fashion Products Indah Sari Br. Barus; Qori Asvifah Bintang; Wahdaniah Sitorus; Sukri padil dongoran
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1339

Abstract

The rise of design imitation in local fashion products causes losses for creative industry players, especially industrial design rights holders. Industrial design as part of Intellectual Property Rights has an important role in protecting the aesthetic value and innovation of a product. This study aims to analyze the regulation and legal protection of industrial design rights for local fashion products imitated based on Law Number 31 of 2000 concerning Industrial Design. The research method used is normative legal research with a legislative and conceptual approach. The results of the study show that Law Number 31 of 2000 has provided legal protection to industrial design rights holders through the granting of exclusive rights, both preventively and repressively. However, in practice, the legal protection still faces various obstacles, such as low awareness of business actors in registering industrial designs and weak law enforcement. Therefore, efforts to increase legal awareness and law enforcement are needed more effectively to protect local fashion products from imitation of designs.
Reorientation of Criminal Sanctions in the New Criminal Code: Harmonization of the Doctrine of Qishash Fiqh Jinayah with the Paradigm of Restorative Justice Muhammad Rafli Pratomo; Azzriel Al Bari Daulay; Dian Prildani Pasaribu; Trio Pranata Ginting
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1340

Abstract

The enactment of Law Number 1 of 2023 on the Criminal Code marks a paradigm shift in Indonesian criminal law from a colonial retributive model toward corrective and restorative justice. This study examines the relevance of the doctrine of Qishash within Fiqh Jinayah as a philosophical and practical foundation for the implementation of restorative justice in Indonesia. Using a normative-juridical method with conceptual and comparative approaches, the study analyzes the mechanisms of al-'afw (forgiveness) and diyat (compensation) in homicide cases, which position victims as the primary rights-holders in dispute resolution. The findings indicate that the regulation of conditional capital punishment under Article 100 of Law No. 1 of 2023 substantially aligns with the Islamic principle of suspending execution to allow islah (reconciliation). Furthermore, classical juristic debates on the imposition of ta'zir after forgiveness provide a theoretical basis for maintaining public order. The study concludes that Qishash represents a comprehensive system for the protection of life and, if integrated prudently, can strengthen the development of a just and humane national criminal law system.
Juridical Analysis of Insurance Agreements According to Civil Code and Insurance Law Nur Asiyah Siregar; Ernawati; Hahir Siregar; Dimas Agung Nugroho
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1341

Abstract

Insurance agreements are a form of agreement that has special characteristics because it involves elements of risk transfer between the insurer and the insured. This research aims to analyze juridically insurance agreements according to the Civil Code (KUH-Percivil) and Law Number 40 of 2014 concerning Insurance. The research method used is normative legal research with a statutory approach and a conceptual approach. The data used are sourced from primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study show that insurance agreements according to the Civil Code are subject to the general provisions of the agreement as stipulated in Article 1320 of the Civil Code, as well as special provisions in the Commercial Law Code (KUHD). Meanwhile, the Insurance Law provides more comprehensive arrangements related to legal protection for parties, the principle of prudence, and supervision of insurance companies. Thus, insurance agreements must not only meet the legal requirements of the agreement according to the Civil Code, but also must comply with special provisions in the Insurance Law to ensure legal certainty and protection for the insured.
Gender Discrimination in Indonesian Labor Law: A Juridical Analysis of the Job Creation Law Mhd Fikri Muzaki; Muhammad Arifin; Mhd Fauzan Azizi Sipahutar; M Fahmi Aulia Saragih Turnip; Anzalika Putri Ramadani
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1342

Abstract

The enactment of Law Number 11 of 2020 concerning Job Creation has important implications for the labor protection system in Indonesia, including in efforts to realize gender equality in the work environment. Normatively, the principle of equal rights and prohibition of discrimination is still recognized in the framework of national labor law. However, the changes in regulations introduced through the Job Creation Law raise a number of problems related to the protection of women workers. This study aims to examine the regulation of gender equality in Indonesian labor law after the enactment of the Job Creation Law, identify provisions that have the potential to give rise to gender discrimination, and assess the effectiveness of these laws in preventing injustice against women workers, especially in the aspects of wages, promotions, and working conditions. The research method used is normative juridical with a regulatory approach and a conceptual approach. The results of the study show that although the Job Creation Law does not expressly contain discriminatory norms, some regulations related to labor relations flexibility and the wage system have the potential to have a greater impact on women workers. In addition, weak supervision and law enforcement cause the effectiveness of this law in preventing gender discrimination to be suboptimal. Therefore, it is necessary to strengthen implementing regulations and employment policies that are oriented towards gender justice.
Simple Patents as an Instrument for the Protection of MSME Innovation in Indonesia Jahro; Muhammad Riszki Fadli; Nurliman Prasetyo; Sofi Ananda Putri; Sahyuti Nasution
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1343

Abstract

Micro, Small, and Medium Enterprises (MSMEs) are strategic sectors in the national economy that play an important role in job creation and strengthening the people's economy. In practice, MSMEs often produce various simple technological innovations that are born from practical needs in the field, such as modification of production tools, improvement of work methods, and development of functional products. However, these innovations often do not receive adequate legal protection, making them vulnerable to copying and exploitation by others. Simple patents are present as one of the intellectual property rights instruments designed to provide legal protection for inventions that are simple, applicable, and have direct use value. This research aims to analyze the position of simple patents in the Indonesian patent law system and examine its role as an instrument for protecting MSME innovation. The research method used is normative legal research with a legislative and conceptual approach. The results of the study show that normatively simple patents have provided easy access to legal protection for MSMEs, both in terms of procedures and costs, but in practice their use is still not optimal. The main obstacles include low legal literacy of intellectual property rights, limited technical assistance, and the lack of integration of simple patents in MSME empowerment policies. Therefore, optimizing the role of simple patents requires strengthening policies, increasing socialization, and synergy between stakeholders so that the protection of MSME innovation can be realized effectively and sustainably.
Employment Agreements as the Basis of Industrial Relations and the Independence of Ad Hoc Judges in Resolving Industrial Relations Disputes Ahmad Haikal Amrullah Siregar; Ali Rahmadi Batubara; Fauzan Habib Harianja; Muhammad Faiz Al Maisi
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1344

Abstract

In the industrial relations system, the employment agreement serves as the main basis for establishing a legal relationship between the employer and the employee. In addition to defining the rights and responsibilities of the parties, an employment agreement is an important tool for resolving and resolving problems in the employment relationship. However, open bargaining positions between employers and employees often result in disputes that ultimately require legal action. An objective and independent industrial relations tribunal with ad hoc judges who are experts in the field of employment is needed to resolve these issues. In addition to examining the independence of ad hoc judges in the process of resolving industrial relations failures, this study seeks to investigate the position of employment agreements as the basis of industrial relations. Normative juridical research with regulatory and contextual approaches is the methodology used. The findings suggest that while the independence of ad hoc judges is critical to ensuring impartial and fair adjudications, clearly structured and fair employment agreements can reduce irregularities. Therefore, in order to provide legal certainty and justice in industrial relations, employment agreements must be strengthened and the independence of ad hoc courts must be upheld.
The Protection of Indonesian Adolescent Employment Rights in Cambodia Reviewed from Indonesian Labor Law Muhammad Firmansyah; Muhammad Faiz Al Maisi; Ari Afandi Sagala
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1345

Abstract

The protection of the employment rights of Indonesian adolescents working abroad, especially in Cambodia, is a legal issue that needs serious attention. In practice, not a few Indonesian teenagers working in Cambodia experience violations of labor rights, such as unfair wages, excessive working hours, and working conditions that are not in accordance with humanitarian standards. This study aims to examine the protection of Indonesian adolescent employment rights in Cambodia based on the provisions of Indonesian labor law. This research uses normative legal research methods with a legislative approach and a conceptual approach. The results of the study show that laws and regulations in Indonesia, especially Law Number 13 of 2003 concerning Manpower and Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, have provided an adequate legal basis related to the protection of the rights of workers, including adolescents. However, the implementation of this protection is still not optimal due to weak supervision, lack of coordination between agencies, and low legal understanding of workers. Therefore, it is necessary to increase supervision, strengthen cooperation between countries, and play an active role of the government in ensuring the protection of the employment rights of Indonesian adolescents abroad.
Formulative Policy on the Regulation of Abortion Crimes in the National Criminal Code: Normative Analysis and Its Implications for the Penal System in Indonesia Cherry Laurencia Sinukaban; Rachmad Abduh
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1469

Abstract

The regulation of the crime of abortion in the National Criminal Code (KUHP) is part of a formulative policy of criminal law that aims to balance the protection of the right to fetal life, the interests of women's reproductive health, and moral and social values living in Indonesian society. This study aims to analyze the formulative policy of regulating the crime of abortion in the National Criminal Code and its implications for the penal system in Indonesia. The research method used is normative legal research with a statutory approach, a conceptual approach, and a comparative approach. The results of the study show that the National Criminal Code reformulates the abortion offense with a more systematic and progressive regulation, especially through the recognition of certain exceptions based on medical and emergency reasons, in line with the principles of health protection and human rights. However, the policy still maintains the criminal character as the ultimate remedium through proportionate criminal threats. The implications of this regulation on the penal system can be seen in the shift in orientation from a purely repressive approach to a more humanistic and just approach, by providing space for consideration of the perpetrator's subjective condition and the purpose of correctional punishment. Therefore, this formulative policy is expected to be able to create a balance between legal certainty, justice, and usefulness in criminal law enforcement in Indonesia.
The History of the Struggle between Rationalism and Traditionalism in Islamic Thought: A Study of the Dialectic of the Mu'tazilah and Ahl al-Sunnah Abdul Rahman; Muhammad Sopyan; Khairuddin Hasibuan
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1472

Abstract

The history of Islamic thought demonstrates an intellectual dynamic characterized by debates between rationalism and traditionalism in understanding religious teachings. One of the most significant forms of this struggle is the dialectic between the Mu'tazilah, who emphasized the role of reason in interpreting revelation, and the Ahl al-Sunnah, who placed the authority of the revealed text as the primary foundation of Islamic theology. This study aims to analyze the historical background of the emergence of Mu'tazilah rationalism, its theological principles, and the Sunni theological responses formulated by Abu al-Hasan al-Ash'ari and Abu Mansur al-Maturidi in the context of the development of Islamic thought. This study uses a qualitative method with a historical approach and analysis of the thoughts of figures through a bibliography of classical and modern literature in the field of Islamic theology. The results show that the emergence of the Mu'tazilah was not only influenced by internal theological debates among Muslims, but also by political dynamics and intellectual developments during the Abbasid period that opened up space for interaction with philosophical traditions. The principles of Mu'tazilite rationalism formulated in al-Uṣūl al-Khamsah emphasize the importance of reason in understanding God's oneness and justice, while the Ahl al-Sunnah response seeks to balance rationality with the authority of revelation through a more moderate theological formulation. The dialectic between these two schools of thought ultimately made a significant contribution to the development of theology and the formation of the Islamic intellectual tradition. Therefore, a study of this intellectual struggle can serve as a reflective foundation for understanding the relationship between revelation and rationality in the development of Islamic thought, while also opening up a space for dialogue for the development of Islamic theological studies in the contemporary era.
The Dynamics of Islamic Legal Epistemology: The Transformation of the Ijtihad Method from the Classical to the Contemporary Era Eka putra zakran; Maya Surya
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1473

Abstract

This research is based on the dynamics of the development of Islamic legal thought, which shows that the ijtihad method has continuously changed along with the social and intellectual development of Muslims. Since the early days of Islam, law has been understood not only as a textual norm but also as the result of a reasoning process aimed at safeguarding human welfare. Therefore, understanding the history of Islamic legal epistemology is crucial to see how the ijtihad method has evolved from the classical to the contemporary era in response to the challenges of the times. This research aims to analyze the transformation of Islamic legal epistemology and examine the development of the ijtihad method from the classical period, the medieval period, to the modern era. This research uses a qualitative approach with library research methods. Data were obtained from classical books on ushul fiqh, works of Islamic legal thinkers, and contemporary academic literature discussing the epistemology of Islamic law. The analysis is conducted using historical and conceptual approaches to trace the development of ijtihad methodology and the paradigm shift in Islamic legal thought. The results show that during the classical period, the foundations of Islamic legal epistemology were formed through the systematization of ushul fiqh formulated by scholars, particularly Imam al-Syafi'i. During the medieval period, the development of legal thought experienced a phase of school of thought consolidation, marked by the strengthening of the practice of taqlid (religious taqlid) and the emergence of debates regarding the closure of the door to ijtihad. Meanwhile, in the modern era, various attempts to reconstruct the ijtihad method emerged through the maqasid al-shariah approach, legal contextualization, and the thoughts of figures such as Fazlur Rahman and Yusuf al-Qaradawi. This research concludes that Islamic legal epistemology is dynamic and adaptive to changing times. Therefore, the development of contemporary Islamic law needs to integrate a textual approach, maqasid al-shariah, and an understanding of social reality to ensure ijtihad remains relevant in addressing the issues of modern society.

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