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Contact Name
Indra Utama Tanjung
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indratjofficial@gmail.com
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+62852 7710 9343
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isnusumut@gmail.com
Editorial Address
Jl. Durung Nomor 85, Kelurahan Sidorejo Hilir, Kecamatan Medan Tembung, Kota Medan, Provinsi Sumatera Utara โ€“ Indonesia (20222)
Location
Kota medan,
Sumatera utara
INDONESIA
ISNU Nine-Star Multidisciplinary Journal (INS9MJ)
Published by ISNU Sumatera Utara
ISSN : -     EISSN : 30638984     DOI : 10. 70826
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 84 Documents
Women's Leadership and the Law of Choosing Women Leaders in the Perspective of Islamic Law and Positive Law Gunawan Abdi
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 3 (2024): Vol. 1 No. 3 (2024): DESEMBER 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i3.509

Abstract

Women's leadership is an issue that continues to be debated in various societies, especially when associated with the perspective of Islamic law and positive law. In Islam, differences of opinion regarding women's leadership are often based on interpretations of verses of the Qur'an and hadith. One of the hadiths that is often used as a reference is "A people who entrust their affairs to a woman will not be fortunate" (HR. Bukhari). However, some scholars interpret this hadith contextually by considering the development of the times. Meanwhile, positive law in Indonesia guarantees equal rights for women to occupy leadership positions, as regulated in various laws and regulations. This study aims to analyze the legal legitimacy in choosing female leaders from the perspective of Islamic law and positive law. The method used is normative juridical with a conceptual and legislative approach through literature studies. The results of the study show that there are differences in interpretation in Islamic law regarding women's leadership, while positive law provides full guarantees for women's rights in leadership. In conclusion, women's leadership needs to be understood fairly by considering the principles of justice and gender equality in Islam and applicable legal regulations, in order to create a more inclusive and democratic leadership system.
Marrying A Pregnant Woman From The Perspective Of Islamic Legal Philosophy Zani Munawir S
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 3 (2024): Vol. 1 No. 3 (2024): DESEMBER 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i3.511

Abstract

The phenomenon of marriage of pregnant women outside of marriage is a complex issue from the perspective of Islamic law. The Compilation of Islamic Law (KHI) stipulates that a pregnant woman can marry the man who impregnated her without waiting for the birth of the child. However, there is a problem when a pregnant woman marries a man who is not the biological father of the child she is carrying, which raises questions about the validity of the marriage and the legal status of the child. In the context of Islamic legal philosophy, marriage is not just a social contract, but also has moral and spiritual dimensions that must be maintained in order to achieve welfare. This study aims to examine the marriage of pregnant women from the perspective of Islamic legal philosophy in order to find the principles of justice and legal benefits. The method used is qualitative with a literature study approach, analyzing fiqh books, laws and regulations, and related literature. The results of the study show that although the KHI allows the marriage of pregnant women, the jinayah aspect in cases of adultery is still ignored, so a more comprehensive legal reconstruction is needed. The conclusion of this study confirms that the regulation of the marriage of pregnant women must consider aspects of legal protection, justice, and moral responsibility so as not to open loopholes for the increasingly widespread practice of adultery.
Islamic Law's Responsibility for Environmental Damage: The Perspective of Islamic Legal Philosophy Khairuddin Hasibuan
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 3 (2024): Vol. 1 No. 3 (2024): DESEMBER 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i3.514

Abstract

Environmental damage is one of the global problems that has a broad impact on human life. From an Islamic perspective, the environment has a sacred value that must be maintained, as stated in the Qur'an and Hadith. Responsibility for environmental sustainability is not only moral but also has legal implications. This study aims to analyze Islamic legal responsibility for environmental damage based on the perspective of Islamic legal philosophy, which emphasizes the principles of justice, benefit, and balance. This study uses a qualitative method with a descriptive analysis approach to explore the concept of Islamic legal responsibility in the context of environmental damage. Data were collected through a literature study of Islamic legal sources, including the Qur'an, Hadith, and the opinions of classical and contemporary scholars. The results of the study show that Islam provides a strong normative foundation in environmental protection, with basic principles such as the prohibition of destruction (fasad) and the obligation to maintain balance (mizan). Sanctions in Islamic law, both in the form of hudud, ta'zir, and diyat, can be applied in the context of environmental crimes. In conclusion, Islamic law has a comprehensive mechanism to overcome environmental damage with a holistic and just approach.
Buying and Selling in Legal, Economic and Social Perspectives Maya Surya
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 3 (2024): Vol. 1 No. 3 (2024): DESEMBER 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i3.515

Abstract

Buying and selling is a fundamental economic activity in human life and has evolved from a barter system to digital transactions. In law, buying and selling is regulated to ensure justice and protection for transaction actors. From an economic perspective, buying and selling plays a role in economic growth and community welfare, while from a social aspect, buying and selling transactions reflect interactions and trust between individuals. Technological developments have changed buying and selling patterns from conventional transactions to e-commerce, which bring benefits but also pose challenges such as security and consumer protection. This study aims to analyze buying and selling from a legal, economic, and social perspective in order to understand its implications in modern life. The method used is a normative legal approach by examining primary and secondary legal sources, including positive legal regulations, Islamic legal principles, and related literature. The results of the study show that positive law and Islamic law have clear rules in regulating buying and selling transactions in order to create fair trade. Economically, buying and selling encourages market growth, while socially, buying and selling builds harmonious relationships. In conclusion, buying and selling must be carried out with the principles of justice, transparency, and legal protection in order to provide benefits to all parties.
Philosophical, Social and Islamic Studies on the Criminal Acts of Theft and Corruption Zulpahmi Lubis; Abdul Rahman
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 3 (2024): Vol. 1 No. 3 (2024): DESEMBER 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i3.516

Abstract

Theft and corruption are social problems that have existed since ancient times and continue to be serious challenges in various countries, including countries with Muslim majorities. From an Islamic perspective, these two acts are not only considered as violations of positive law, but also as major sins that damage the social and moral order of society. Islam provides clear guidance in overcoming theft and corruption, both from a legal and ethical perspective. Therefore, this study aims to examine how Islamic law regulates sanctions against theft and corruption and to find the right approach in eradicating them. This study uses a normative juridical method with a literature study approach that focuses on the analysis of sources of Islamic law, including the Qur'an, Hadith, fiqh books, and regulations in force in Muslim countries. The results of the study show that Islamic law has a firm mechanism in dealing with theft and corruption, with the main principle of upholding justice and the welfare of the people. In conclusion, Islamic law not only provides sanctions as a form of punishment, but also emphasizes preventive aspects through moral education and the formation of individuals with integrity. With a comprehensive understanding, Islam can be a solution to combating theft and corruption effectively and fairly.
Survey of the Use of Qawaid Fiqhiyah in Current Cases in the Fields of Worship, Mu'amalah and Siyasah Putra Eka Zakran
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 3 (2024): Vol. 1 No. 3 (2024): DESEMBER 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i3.517

Abstract

Qawaid fiqhiyah are the principles of Islamic law which are used as guidelines in resolving various problems that arise in life, especially in the areas of worship, mu'amalah, and siyasah. As time goes by, the application of qawaid fiqhiyah in actual cases is increasingly relevant to study in order to understand how these principles are applied in the context of contemporary Islamic law. This research aims to analyze the use of qawaid fiqhiyah in various actual cases in three main areas: worship, mu'amalah, and siyasah, as well as assessing the extent to which these rules are able to provide legal solutions that are in accordance with the principles of Islamic justice. This research uses normative legal methods with a conceptual and statutory approach. Data was obtained through literature studies from classical and contemporary fiqh books, as well as analysis of actual cases that occurred in society. The research results show that qawaid fiqhiyah has a significant role in providing a legal basis that is flexible and adaptive to changing times. In the field of worship, principles such as al-masyaqqah tajlibu at-taysir are applied to facilitate the implementation of worship in difficult conditions. In mu'amalah, the principle of al-'adah muhakkamah is the basis for modern economic transactions. While in siyasah, the principle of tasharruf al-imam 'ala ar-ra'iyyah manuthun bil maslahah is used in Islamic government policies. The conclusion of this study is that qawaid fiqhiyah remains relevant in facing the challenges of modern Islamic law. Its application in various fields shows that these principles are able to answer actual problems while maintaining the values โ€‹โ€‹of Islamic law that are fair and beneficial.
Comprehensive Study of Inheritance Law Arrangements: Principles, Heirs, Heirs, and Management of Inheritance Boedel Khotibul Umam; Iqbal Harry Wibowo; Abdillah Tarigan; Amanda Rahmadhani; Aliyyah Putri Hadianto
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 1 (2025): Vol.2 No.1 2025 ISNU Nine Star Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i1.755

Abstract

Inheritance law is an integral part of the civil law system that regulates the mechanism for transferring assets from a deceased person to their legal heirs. In the context of Western civil law as regulated in the Civil Code (KUHPerdata), the inheritance system used is an individual-bilateral system, namely a system that gives each individual the right to receive an inheritance separately from the paternal and maternal lines. This reflects the principle of justice and independence in obtaining a share of the inheritance based on the blood relationship of both parents. This study aims to comprehensively examine the basic principles of inheritance law in the Civil Code, including provisions regarding heirs, heirs, and the management of inheritance estates. This study uses a normative juridical method, namely by examining the provisions of positive law contained in the Civil Code and relevant legal literature. The results of the study indicate that although the Civil Code prioritizes legal certainty in the distribution of inheritance, its implementation in the field still faces various challenges, especially related to disputes between heirs and the implementation of wills. Therefore, a deep understanding of the principles and structure of inheritance law is important to support a fair and legal inheritance process in society.
Civil Law Perspectives Regarding Marriage Annulment According to the Civil Code Jasni bin Sulong; Trisnanda Rielta; Zhafira Maliha; Nayla Aulia Rangkuti; M. Radit Febrianda Hasibuan
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 1 (2025): Vol.2 No.1 2025 ISNU Nine Star Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i1.756

Abstract

The civil law perspective on the Civil Code regarding marriage annulment reveals the legal basis in the provisions of marriage annulment. This research uses a normative legal research method, which focuses on the study of legal norms, legal documents, and relevant literature. This article is the basis for a marriage to be annulled if there are defects in fulfilling the documents or violating the provisions that have been set. The legal basis for the annulment of marriage in the Civil Code is to maintain order in the application of marriage in Indonesia. However, often in its application this article conflicts with customary norms that apply in Indonesia. Marrying a child who is not yet of age according to the provisions of the Civil Code is a common occurrence in Indonesia. It is not uncommon for such marriages to be based on coercion from parents, which is contrary to the Marriage Law No. 1/1974 Article 6 paragraph 1. The Civil Code also regulates that marriage must be based on the agreement of both candidates Article 27. The legal basis of this article is to protect the rights not only for husband and wife but also to maintain the legitimacy of children born in the event of an annulment of marriage
Analysis of the Distribution of Inheritance to Heirs Based on Legal Status and Replacement in the Civil Code Anzalika putri Ramadani; Nuranisa; Yolanda Hendartin Batubara; Muhammad Arifin
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 1 (2025): Vol.2 No.1 2025 ISNU Nine Star Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i1.757

Abstract

This study discusses the distribution of inheritance to heirs based on legal status and replacement in Civil Law. The purpose of this study is to analyze the inheritance distribution procedure that is fair and in accordance with applicable legal provisions, as well as to understand the role of replacement heirs in the process. The method used is a normative approach by referring to Articles 841-848 of the Civil Code (KUHPerdata) which regulate the placement of heirs. The results of the study indicate that the distribution of inheritance that does not pay attention to the status and rights of heirs can trigger conflicts between them. Therefore, it is important to follow legal provisions to create justice and legal certainty for all parties involved in the distribution of inheritance.
Legal Analysis: Settlement of Disputes Between Company Shareholders Through Arbitration Siti Nurjannah Lase; Zahara Ananda; Salwa Khairina Azzahra; Shafa Zhafira Khalid; Gilang Ade Prabowo
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 1 (2025): Vol.2 No.1 2025 ISNU Nine Star Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i1.764

Abstract

Disputes between shareholders are a common challenge in corporate practice and have the potential to cause instability within a company's internal structure. The open and time-consuming nature of litigation in court often deviates from business needs, which prioritize efficiency and confidentiality. Therefore, arbitration is seen as an alternative dispute resolution method that is more adaptable to the dynamics of the business world. This article examines the legal mechanism for resolving disputes between shareholders through arbitration, focusing on an analysis of the national legal framework, particularly Law Number 40 of 2007 concerning Limited Liability Companies and Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The approach used is normative juridical, supported by literature review and jurisprudential analysis. The results of the study indicate that the existence of an arbitration clause in the articles of association or agreement between shareholders is a fundamental element in transferring jurisdiction from the courts to arbitration institutions. However, challenges remain in harmonizing norms and implementing consistent arbitration practices. Therefore, there is a need for strengthening regulations and legal education for stakeholders so that dispute resolution through arbitration can run optimally and provide legal certainty.