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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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Evidentiary Application Of Arbitration In The Indonesian Legal System Asmaul Husna; Alfania Pane; Bima Ilman Mirazha Hasibuan
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.v1i2.103

Abstract

In the dispute resolution mechanism both litigation and non-litigation such as arbitrary, proofing evidence process plays essential role to reconstruct the real occurrence in order to seek the truth. Proofing principles that is used in Indonesian arbitrary process is based on the Law number 30 year 1999 on arbitrary and alternative dispute resolution that is lex arbitri for Indonesia. Arbitrary is part of formal civil law, therefore its proofing principles is basically the same with the dispute resolution trough litigation. The Law number 30 year 1999 shows that Even though Indonesia is a civil law jurisdiction, there are some common law principles that are accommodated in the arbitrary process. Using conceptual and statute approach, this article attempts to look at proofing principles may arise in arbitrary mechanism based on the law mentioned and based on the actual practice.
Juridical Analysis of the Application of Restorative Justice at the Prosecution Stage of Petty Theft Crime Muhammad Ridwan Lubis
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.v1i2.104

Abstract

Indonesia continues to strive to ensure that the law implemented for its citizens is rooted in the values that live and develop within society. If applied, this legal entity will make the community feel comfortable and familiar with its legal model. Restorative justice is a resolution for criminal cases that involves the offender, the victim, the families of both parties, and other related parties to collectively seek a fair solution, emphasizing restoration to the original state rather than retribution. Law No. 11 of 2021 concerning Amendments to Law No. 16 of 2004 regarding the Attorney General of the Republic of Indonesia states that one of the authorities of the Attorney General is to dismiss cases in the interest of the public. The Attorney General has found many inconsistencies in the existing criminal justice system; therefore, in this context, "public interest" refers to the interests of the nation and state and/or the interests of the broader community. This research was conducted using a normative juridical research method, with data collection carried out through literature studies. The research specification used is descriptive qualitative. This study aims to examine how restorative justice applies to minor criminal offenders, such as theft, at the prosecutorial level, and how restorative justice is implemented for minor criminal offenders in theft cases at the Pangkalpinang District Attorney's Office, particularly in the case of the termination of prosecution through the Decree of Termination of Prosecution by the Pangkalpinang District Attorney No. 01/L.9.10.3/Eoh.2/01/2022 dated January 13, 2022.
An Analysis of Islamic Law in the Perspective of Contemporary Fiqh Munawir Harahap
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.v1i2.105

Abstract

The rapid development of the times has given rise to various contemporary issues that were previously unimaginable. This demands a dynamic and contextual interpretation and application of Islamic law to the current context. In response to these challenges, contemporary fiqh emerges as a discipline that actively interprets and applies Islamic law in the modern context.This study aims to analyze Islamic law in the perspective of contemporary fiqh through a library research method. Library research is conducted by collecting, analyzing, and synthesizing various related literature, such as classical fiqh books, works of contemporary scholars, scientific journals, and other reliable sources.This study is expected to contribute to an understanding of the important role of contemporary fiqh in responding to various contemporary issues and maintaining the relevance of Islamic law in the modern era. In addition, this study is expected to be a reference for academics, Islamic law practitioners, and the general public in understanding Islamic law more comprehensively and contextually.
Legal Certainty for E-Commerce Transactions as an Effort to Increase Potential State Revenue in the Taxation Sector Hari Sanjaya
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.v1i2.106

Abstract

The development of information technology has driven the growth of e-commerce transactions significantly in Indonesia. However, the rapid growth of e-commerce transactions has also created new challenges in terms of legal certainty and tax collection. Although the government has issued several regulations related to e-commerce, there are still legal loopholes that hinder the optimization of state revenues in the taxation sector. This study aims to analyze the legal certainty of e-commerce transactions as an effort to increase the potential for state tax revenues. The research method used is normative juridical, with a statutory, conceptual, and comparative approach. Research data were collected through literature studies and document analysis involving laws and regulations related to tax and e-commerce, including the Taxation Law, Regulations of the Minister of Finance, and relevant international regulations. The analysis focused on the legal certainty of e-commerce transactions and their implications for state tax revenues. The results of the study indicate that despite regulatory efforts, there is still legal uncertainty caused by the lack of harmonization between tax regulations and e-commerce regulations. This results in difficulties in identifying tax objects, tax subjects, and collection mechanisms. In order to increase the potential for state revenues, steps are needed to strengthen legal certainty, including regulatory updates, increasing cooperation between related institutions, and e-commerce actors and the public. The conclusion of this study emphasizes the importance of legal certainty in e-commerce transactions to support the optimization of state revenues in the taxation sector. Suggestions given include the need for regulatory harmonization, the use of technology to facilitate tax collection, and stricter supervision of digital transactions. Thus, it is hoped that the potential for state revenues from the e-commerce sector can be maximized.
Advantages and Disadvantages of Arbitration in the Context of International Law: Focus on Commercial and Ad Hoc Arbitration Halimatusaddiah Siregar; Ardina Nur Inaya; Fahkry Wahyuda Siregar; M. Faiz Abdullah; Idham Khaliq Hasibuan
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.v1i2.107

Abstract

Arbitration has become a popular dispute resolution mechanism in international law, especially in the context of commercial and ad hoc arbitration. This study aims to evaluate the advantages and disadvantages of arbitration as an international dispute resolution method. Through literature analysis and case studies, it is found that commercial arbitration offers great flexibility, efficiency and privacy to the disputing parties. However, its high cost and sometimes slow process are significant drawbacks. On the other hand, ad hoc arbitration provides greater freedom in choosing the procedure and arbitrators, but the lack of formal structure may lead to uncertainty and difficulties in enforcement of the award. In conclusion, while arbitration provides an effective solution to international disputes, the choice between commercial and ad hoc arbitration should be carefully considered based on the specific needs of the parties. This study recommends strengthening the international framework to enhance the reliability of ad hoc arbitration processes.
Analysis Of Dispute Resolution With Arbitration Measures Based On Law N0. 30 Year 1999 Ahmad Muharrom; David kurniawan; Dede Kurniawan; Mhd anggi Hermawan; Reza Sahputra Panyalai
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.v1i2.108

Abstract

Dispute resolution is one of the important aspects in various legal relationships, whether in the field of business, contracts, or personal relationships. Law No. 30/1999 on Arbitration and Alternative Dispute Resolution provides a clear legal framework for resolving disputes through arbitration. Arbitration offers various advantages such as a fast and cost-effective process, binding results, so that it is increasingly in demand as an alternative to dispute resolution compared to litigation in court. This analysis aims to explore and explain the steps of dispute resolution through arbitration starting from the submission of a request for arbitration, the appointment of arbitrators, to the enforcement of arbitral awards. By understanding these steps, it is expected that the parties involved in the dispute can make a better decision on the appropriate settlement method.
Analysis of Legal Liability in Force Majeure Arbitration Civil Matters Due to Decrease in Currency Value (Study of Decision Number 976 K/Pdt/2012) Meisarah Tri Anjani; Dea Khairat; Wulan Dari; Mhd Ary Fadhillah Nasution; Lufti Sugara
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.v1i2.109

Abstract

A currency downgrade refers to an economic downturn that has a significant impact on the economy of one or more countries, including inflation and international trade. This can affect business relationships. In some cases, a currency downgrade can lead to a default, and the party who suffered the loss can invoke force majeure. However, currency downgrades are not considered force majeure under Indonesian law. In the case of business disputes, arbitration is often a strong and final resolution mechanism, although the award can still be overturned if there is fraud or forged documents. Force majeure must be caused by an extraordinary event that cannot be foreseen, such as a natural disaster or social conflict. A valid sale and purchase agreement is legally binding on both parties, and breaches of the agreement can be resolved through the courts or arbitration. Dispute resolution through arbitration is seen as a faster and more flexible alternative to litigation in court.
The Role Of Arbitration In Construction Dispute Resolution: Legal Perspectives And Practices In Various Countries Hafni Zahra Charity; Miftah Al Azrin Nainggolan; Andika Rahmad Siregar; Muhammad Rafly; Nurhanisa
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.v1i2.110

Abstract

Arbitration is one of the alternative dispute resolution methods that is increasingly popular in the construction field, given the complexity and dynamics of construction projects that often lead to conflicts. in a business relationship or agreement, each party must be prepared to face the possibility of conflict. Disputes often arise due to differences in interpretation regarding clauses or provisions in the agreement, or other factors. Dispute resolution through the courts often leads to new problems, slow processes, high costs, and can create hostility between the parties to the dispute. Therefore, many choose out-of-court dispute resolution. This research aims to analyze the role of arbitration in construction dispute resolution, by examining the legal perspectives and practices in various countries. In the legal context, arbitration offers advantages such as time efficiency, cost, and confidentiality, as well as flexibility in the selection of arbitrators with specialized skills. Indonesian practice demonstrates various approaches and regulations that affect the effectiveness of arbitration in resolving construction disputes. The study also explores the challenges faced, such as the recognition and enforcement of arbitral awards, as well as the comparison between arbitration and litigation. As such, this study is expected to provide greater insight into the role and relevance of arbitration in resolving construction disputes in the modern era.
Addressing the Challenges of Arbitration Implementation in Indonesia Febi Febonecci S.Brahmana; Azzahra Meutia Rahmadani; Tagor Indra Mulia Lubis; Aji Syahputra; Alfarizkie Alqorni
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.v1i2.111

Abstract

The implementation of arbitration in Indonesia faces various challenges that may affect its effectiveness as a dispute resolution method. One of the main challenges is the lack of understanding of arbitration procedures among the public and businesses, which results in uncertainty in going through the process. In addition, legal uncertainty and lack of consistent regulation may create doubts about the arbitrator's decision. Potential conflicts of interest are also an issue that needs to be addressed, especially in relation to the selection of independent and qualified arbitrators. The quality of arbitrators and arbitral institutions greatly affects the outcome of this process. Despite the existence of supportive regulations, implementation on the ground is often not optimal, thereby reducing public confidence in arbitration. To improve the effectiveness of arbitration in Indonesia, it is important to increase socialization of arbitration procedures, strengthen regulations, and ensure the independence and professionalism of arbitrators. These steps are expected to make arbitration a more reliable alternative to dispute resolution.
The Effectiveness of Arbitration as an Alternative Dispute Resolution in the Indonesian Legal System Muhammad yunus; Ahmad Farhan Jumain; Muhammad Zaitun; Mutiara El Rahmah
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.v1i2.112

Abstract

Arbitration has become an important alternative in dispute resolution in Indonesia, regulated by Law No. 30/1999 on Arbitration and Alternative Dispute Resolution. This article aims to analyze the effectiveness of arbitration in the context of the Indonesian legal system, identify its advantages and challenges, and compare it with other dispute resolution methods. This research uses a qualitative method with a literature study approach to extract data from various legal sources and arbitration practices. The results show that arbitration offers a number of advantages, including speed, more efficient costs, and confidentiality. However, there are significant challenges such as a lack of public understanding of arbitration, sometimes high costs, and variability in the quality of arbitrators. In the context of the case studies, there is concrete evidence supporting the effectiveness of arbitration, although enforcement of international arbitral awards still faces obstacles in domestic courts. In comparison with litigation and mediation, arbitration shows higher efficiency, but still requires improvement in the aspects of quality and enforcement of awards. This article recommends increasing public education, adjusting fees, strengthening the quality of arbitrators, and improving enforcement of awards to increase the effectiveness of arbitration in Indonesia. Thus, arbitration can contribute more significantly to the legal system and investment climate in Indonesia.

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