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INDONESIA
Jurnal Sahabat ISNU SU
Published by ISNU Sumatera Utara
ISSN : -     EISSN : 30640067     DOI : 10.70826
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
The scope of this journal includes, but is not limited to: Primary, Secondary, and Higher Education Studies on curriculum development, teaching strategies, assessment, and competency building at various levels of education. Educational Management and Policy Research on leadership, school governance, public policy in education, and educational reform. Educational Technology Utilization of digital media, e-learning, technological innovations, and the integration of ICT in the learning process. Character and Religious Education Studies on values, morality, spirituality, and strengthening character education based on local wisdom as well as global perspectives. Educational Psychology and Learner Development Research on cognitive, affective, and social development, as well as psychological approaches to teaching and learning. Vocational and Skills Education Studies on vocational training, workforce development, entrepreneurship, and 21st-century skills. Contemporary Issues in Education Topics on inclusivity, multicultural education, special needs education, literacy and numeracy, and the challenges of globalization in education.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 84 Documents
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The Inheritance Of A Wife Who Has Been Rejected And The Expiration Of Her Iddah Perspective Of Madhhab Imam Syafi'i (Case Study on the Mining Community of Mandailing Natal Regency) Mohammad Amir Bin Wan Harun; Paijal Usrin Siregar
Jurnal Sahabat ISNU SU Vol. 1 No. 3 (2024): ISNU Sahabat Desember 2024
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v1i1.21

Abstract

This study examines the inheritance rights of divorced wives whose iddah period has expired in the Tambangan Jae community, Mandailing Natal Regency, and analyzes the practice from the perspective of Imam Shafi'i's legal opinion. According to Imam Shafi'i, the expiration of the iddah period terminates the marital bond (al-zawjiyyah), thereby eliminating the reciprocal right of inheritance between former spouses. However, the customary practices of the Tambangan Jae community recognize inheritance rights for divorced wives even after the expiration of the iddah period. This research employs an empirical legal approach through field research using interviews with religious leaders, community leaders, and local residents. The collected data were analyzed using a qualitative descriptive method with a deductive approach. The findings reveal that the community continues to grant inheritance rights to former wives based on several considerations, including customary traditions, protection of women and children, recognition of the wife's contribution to acquiring family assets, and the need to ensure the welfare and education of the children. These practices differ significantly from Imam Shafi'i's opinion, which strictly limits inheritance rights to spouses whose marital relationship still legally exists. The study concludes that the community's practice is rooted primarily in social justice and local customary values rather than classical Islamic inheritance doctrine. Therefore, the protection intended for former wives and children would be more appropriately realized through the distribution of jointly acquired marital property rather than inheritance, a solution that is more consistent with Imam Shafi'i's legal reasoning as well as Indonesian positive law.
Girl's Consent in Marriage (Comparative Study Between Imam Shafi'i and Imam Ibn Qayyim al-Jawziyyah) Khatibul Umam; Arifin Siahaan arifin
Jurnal Sahabat ISNU SU Vol. 1 No. 3 (2024): ISNU Sahabat Desember 2024
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v1i1.23

Abstract

The consent of a prospective bride is one of the most debated issues in Islamic family law. Imam al-Shafi'i argues that the consent of a virgin woman is not a mandatory requirement for the validity of marriage, thereby granting the wali mujbir (guardian with the right of compulsion) the authority to marry her without her explicit consent. In contrast, Ibn Qayyim al-Jawziyyah maintains that the consent of a virgin woman is obligatory as a manifestation of the protection of women's rights and public welfare (maslahah). This study aims to examine the differences in the legal reasoning of Imam al-Shafi'i and Ibn Qayyim al-Jawziyyah regarding a virgin woman's consent to marriage and to evaluate the relevance of their views within the Indonesian legal system. This research employs a normative legal research method using a comparative approach based on library research. Data were analyzed qualitatively by comparing the legal reasoning (istinbāṭ), textual evidence, and legal causes ('illah) adopted by both scholars. The findings reveal that Imam al-Shafi'i relies on the method of mafhūm al-mukhālafah and considers virginity (al-bikr) as the legal cause, thereby recognizing the guardian's right of ijbār. Conversely, Ibn Qayyim al-Jawziyyah adopts the approach of manṭūq al-naṣṣ and regards legal maturity as the determining legal cause, arguing that an adult woman cannot be compelled to marry without her consent. His opinion is considered more consistent with the objectives of Islamic law (maqāṣid al-sharī'ah), the protection of women's rights, and the principle of public welfare. Furthermore, it is more compatible with Indonesian positive law, particularly the Marriage Law and the Compilation of Islamic Law, both of which require the consent of the prospective bride and groom as an essential condition for a valid marriage.
Problems of the Legalization and Dissemination Process Hari Sanjaya hari
Jurnal Sahabat ISNU SU Vol. 1 No. 3 (2024): ISNU Sahabat Desember 2024
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v1i1.24

Abstract

Law number 11 of 2012 concerning the establishment of laws and regulations (Law P3). On the other hand, Law P3 requires all these laws and regulations to be promulgated and placed in the official gazette of the state that has been determined so that they can be considered to come into force. In its application, this problem also spreads to the promulgation process and its enforcement mechanism where there are still many laws and regulations (according to Law P3) that apply without going through the promulgation process. This research aims to 1). How is the process of promulgation in the formation of laws and regulations in Indonesia; 2) How is the dissemination of laws in Indonesia seen from the perspective of the mechanism of its enforcement. This type of research is normative and descriptive, using 4 approaches, namely legislative, historical, comparative and conceptual approaches. The data sources used are primary data and secondary data. Techniques for collecting legal materials through literature studies or document studies. Based on the results of the research, it is concluded that (1) To find out the process of promulgation in the formation of laws and regulations in Indonesia; (2) To find out how the dissemination of laws in Indonesia is seen from the perspective of the mechanism of its enforcement.
The Principle of Freedom of Contract in Insurance Agreements Who Are Not the Heirs Fikri Haikal Den Pratama; Mhd. Fakhry Jaidan; Dian Perwita Sari; Hasniyarti Putri; Andi Muhammad Yusuf Adhyaksa Konggoasa
Jurnal Sahabat ISNU SU Vol. 1 No. 3 (2024): ISNU Sahabat Desember 2024
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v1i2.80

Abstract

The principle of freedom of contract grants parties the autonomy to determine the terms and conditions of an agreement, including the designation of insurance beneficiaries. However, the appointment of third parties who are not legal heirs as beneficiaries often raises legal uncertainty and challenges regarding consumer protection. This study aims to analyze the application of the principle of freedom of contract in insurance agreements involving non-heir third-party beneficiaries and to examine its implications for consumer legal protection under Indonesian law. This research employs a normative legal research method using statutory, conceptual, and case approaches. The study relies on primary, secondary, and tertiary legal materials, which are analyzed qualitatively through legal interpretation and legal reasoning. The findings indicate that the principle of freedom of contract permits the designation of non-heir beneficiaries, provided that the agreement complies with the requirements of a valid contract, the principle of insurable interest, and the principle of good faith. Nevertheless, the use of standard clauses and the absence of explicit legal provisions governing third-party rights often create legal uncertainty and weaken consumer protection. Therefore, stronger regulatory oversight, greater contractual transparency, and clearer recognition of third-party rights are essential to ensuring legal certainty and balancing contractual freedom with consumer protection in insurance agreements. This study contributes to the development of Indonesian insurance law by emphasizing the need to harmonize contractual autonomy with legal safeguards for all parties involved.
The Role of Arbitrators in Settling the Jabodebek LRT Project Construction Dispute Khairun Nizam, M. Ardhan Hakim Lubis, Muhammad Furqan Alrizky, Wahyu Hidayat, Alfarobi
Jurnal Sahabat ISNU SU Vol. 1 No. 3 (2024): ISNU Sahabat Desember 2024
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v1i2.96

Abstract

Large-scale infrastructure projects, such as the Jabodebek Light Rail Transit (LRT) development, involve complex contractual relationships that increase the likelihood of disputes among project stakeholders. Delays, contract modifications, technical issues, and financial disagreements frequently arise during project implementation, making efficient dispute resolution essential to ensure project continuity. Arbitration has emerged as a preferred alternative dispute resolution (ADR) mechanism due to its efficiency, confidentiality, and finality. This study aims to examine the role of arbitrators in resolving construction disputes arising from the Jabodebek LRT project and to analyze the advantages and limitations of arbitration in infrastructure development disputes. The research employed a qualitative approach using descriptive analysis. Data were collected through library research by reviewing legislation, legal literature, journal articles, and relevant case studies concerning construction arbitration in Indonesia. The findings indicate that arbitrators play a significant role in providing fair, efficient, and legally binding dispute resolution while maintaining the confidentiality of the parties involved. Arbitration also enables disputing parties to appoint arbitrators with specialized expertise in construction law and engineering, resulting in more informed and practical decisions. However, arbitration presents several challenges, including relatively high costs, the absence of an appeal mechanism due to the final and binding nature of arbitral awards, and the dependence of dispute resolution quality on the competence and integrity of arbitrators. The study concludes that arbitration remains an effective mechanism for resolving construction disputes in large-scale infrastructure projects, provided that competent arbitrators are appointed and the arbitration process is conducted in accordance with applicable legal principles to ensure legal certainty, fairness, and project sustainability.
Deterrent Effect as a Punishment Goal from the Perspective of Criminal Law and Islamic Criminal Law Muhammad Ismail; Aulia Tri Olivia; Fahri Albar Harahap
Jurnal Sahabat ISNU SU Vol. 1 No. 3 (2024): ISNU Sahabat Desember 2024
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v1i2.138

Abstract

The implementation of criminal sanctions under Islamic law has long been a subject of legal and human rights debates in Indonesia. While Islamic criminal law is regarded by its proponents as an effective mechanism for creating a deterrent effect and maintaining public order, critics argue that some forms of punishment are inconsistent with contemporary human rights standards and Indonesia's pluralistic legal system. This study aims to examine the concept of deterrence in Islamic criminal law and analyze its effectiveness in achieving justice, legal certainty, and social welfare. The research employs a normative juridical method using a qualitative descriptive approach based on library research. Primary and secondary legal materials, including legislation, books, scientific journals, and other relevant literature, were analyzed through qualitative and inductive methods. The findings reveal that the deterrent effect in Islamic criminal law is reflected in four categories of punishment, namely ḥudūd, qiṣāṣ, kafārah, and taʿzīr, each of which serves preventive, corrective, and educational purposes. Unlike positive criminal law, which predominantly relies on imprisonment, Islamic criminal law provides differentiated sanctions according to the nature and severity of the offense. The effectiveness of these sanctions is not merely measured by the severity of punishment but by their ability to protect public interests (maṣlaḥah), uphold justice, prevent future crimes, and maintain social order. Therefore, the deterrent effect in Islamic criminal law represents a comprehensive approach that combines punishment with moral education and social protection, making it an integral component of the broader objectives of Islamic law (maqāṣid al-sharīʿah).
Legal Certainty of Inheritance for Children Born Out of Wedlock Who Are Recognized as Legitimate by Their Biological Parents Muhammad Ikhlas Bin Rosele Lubis; Laila Rizqillah; Amanda Putri Fajrin; Aulia Putri; Aqtika Deeba Lubis
Jurnal Sahabat ISNU SU Vol. 1 No. 3 (2024): ISNU Sahabat Desember 2024
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v1i2.176

Abstract

The legal status of illegitimate children in Indonesia has become a complex issue involving legal, religious, and social aspects. Illegitimate children often experience discrimination in obtaining civil rights, particularly regarding lineage, maintenance, and inheritance. This study aims to analyze the legal certainty for illegitimate children recognized by their biological parents, focusing on Indonesian positive law regulations, Islamic religious perspectives, and the role of the Constitutional Court. This study also offers comprehensive solutions to overcome legal and social barriers in the implementation of illegitimate child protection policies. This study uses a juridical-normative method with a multidisciplinary approach, combining positive law analysis, Islamic religious studies, and socio-cultural aspects. The results show that Constitutional Court Decision Number 46/PUU-VIII/2010 is a step forward in providing legal recognition for illegitimate children, but its implementation still faces significant challenges. Under Islamic law, the status of illegitimate children tends to be limited to the lineage relationship with their biological mother, although alternatives such as a mandatory will exist to protect their rights. This study recommends regulatory revisions, public outreach, strengthening the role of child protection agencies, optimizing evidentiary technologies such as DNA testing, and harmonizing positive law and Islamic law. With a holistic approach, it is hoped that legal protection for illegitimate children can be implemented fairly, inclusively, and in accordance with humanitarian principles.
Witness Protection in Law Enforcement Against Organized Narcotics Cases Saidatul Husna Harahap; Sindi Lestari; , Miranda Einilia
Jurnal Sahabat ISNU SU Vol. 1 No. 3 (2024): ISNU Sahabat Desember 2024
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v1i2.270

Abstract

Witnesses play a crucial role in the criminal justice system, particularly in uncovering organized narcotics crimes, where their testimony often becomes the primary evidence for law enforcement. However, witnesses in organized narcotics cases are highly vulnerable to intimidation, threats, and retaliation from criminal syndicates, making legal protection essential to ensure their safety and willingness to testify. This study aims to examine the forms of legal protection provided to witnesses in organized narcotics cases and to analyze the role of the Witness and Victim Protection Agency (LPSK) in safeguarding witnesses throughout the criminal justice process. This research employs an empirical legal research method by combining field research through interviews with officials of the Medan Representative Office of the Witness and Victim Protection Agency and a literature review of statutory regulations, books, and scientific journals. The findings indicate that witness protection is implemented through three primary mechanisms: physical protection, including police security, safe houses, and identity changes; legal protection, including immunity from legal retaliation and special treatment for justice collaborators; and the fulfillment of procedural rights, such as legal assistance, information on case developments, transportation, medical treatment, psychological rehabilitation, and living expenses during the protection period. The study also finds that justice collaborators play a strategic role in exposing organized narcotics networks by providing crucial information that enables law enforcement authorities to identify and prosecute the principal offenders. Therefore, comprehensive witness protection is indispensable for ensuring effective law enforcement, protecting human rights, and improving the successful prosecution of organized narcotics crimes in Indonesia.
Analysis of Food Buying and Selling with the All You Can Eat System: An Approach from the Perspective of Scholars Sheikh Shalih Al-Fauzan & Sheikh Ibn Utsaimin Manswab Mahsen Abdulrahman; Hilman Fauzi Lubis hilman; M. Husein Syuhada Tarigan Husein; Fitria Amania; Yasyifa Rizqi
Jurnal Sahabat ISNU SU Vol. 1 No. 3 (2024): ISNU Sahabat Desember 2024
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v1i3.489

Abstract

This study aims to analyze the practice of buying and selling food using the All You Can Eat (AYCE) system from an Islamic legal perspective, specifically according to the views of scholars Sheikh Shalih Al-Fauzan and Sheikh Ibn Uthaymeen. The AYCE system, which offers customers all-you-can-eat food at a fixed price, has become a trend in various restaurants, but has sparked debate regarding its suitability with the principles of Islamic fiqh. This study uses a qualitative approach with a literature review of fatwas and the opinions of the two scholars. The results of the analysis show that both scholars have views that focus on the aspects of fairness and ambiguity in transactions in the AYCE system. Sheikh Shalih Al-Fauzan emphasizes the importance of clarity in transactions and there are no elements that are detrimental to both parties, while Sheikh Ibn Uthaymeen believes that if there is an element of uncertainty in the amount of food consumed, the system could potentially contain elements of gharar (unclearness) which is prohibited in Islam. Therefore, the conclusion is that the practice of AYCE can be considered if it meets the principles of fairness and clarity of transactions according to Islamic law. This research is expected to provide further insight for business actors and the public in understanding the aspects of Islamic law related to modern food buying and selling practices.
The Role of Arbitration in Resolving Industrial Relations Disputes in Indonesia: A Case Study of Employment Manswab Mahsen Abdulrahman; Nikmah Dalimunthe; Aryanti Khairunnisa Br Tarigan; Ridho Rama Ardana Sinaga
Jurnal Sahabat ISNU SU Vol. 1 No. 1 (2024): ISNU Sahabat Mei 2024
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v1i3.504

Abstract

In employment relationships, industrial relations conflicts are common and require efficient, fair, and effective resolution mechanisms. This study examines how arbitration institutions function in resolving industrial relations disputes and evaluates their advantages, disadvantages, and shortcomings within the Indonesian legal system. This study examines arbitration as an alternative dispute resolution method outside the Industrial Relations Court using a normative juridical approach based on laws, legal literature, and scientific studies. The results indicate that arbitration plays a significant role in encouraging conflict resolution through deliberation and agreement between disputing parties. Arbitration offers several advantages compared to litigation, such as faster dispute resolution, lower costs, confidentiality, procedural flexibility, and greater legal certainty through final and binding decisions. By encouraging agreed solutions, arbitration can also help maintain healthy relationships between employers and employees. However, the mechanism has disadvantages. These include limited opportunities for appeal, the possibility of arbitrator bias, ambiguity, and dependence on the arbitrator's ability and honesty. Despite these shortcomings, arbitration remains a useful means of resolving industrial relations conflicts when conducted with professionalism, impartiality, and good faith from all parties involved. Therefore, arbitration helps build a fair, stable, and productive industrial relations system.

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