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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 118 Documents
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The Flexibility of Ta'zir Punishment in the Islamic Penal System abdul; Ali Yanda Safaruddin; Masdalena Harahap; Jia Novita Damanik; M. Syaifullah Fatwa
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1254

Abstract

Islamic criminal law (jinayah jurisprudence) is an important instrument in upholding justice, maintaining order, and protecting the five basic principles of human life (maqasid al-syari'ah), including religion, soul, reason, offspring and property. One of the strategic elements in the Islamic punishment system is the jarimah ta'zir, which has a flexible character because it does not have standard sanctions in the Qur'an or hadith, so determining the form and level of punishment is left to the ruler or judge through the ijtihad mechanism. This research uses the literature study method (library research) by reviewing books, cutting-edge scientific works and journal articles related to the jarimah ta'zir, its legal flexibility and its relevance in dealing with contemporary crime. Descriptive-analytical analysis was carried out to describe the concept, position, flexibility and application of jarimah ta'zir in a modern context, including digital criminal acts, abuse of authority and other social violations. The results of the research show that the flexibility of the ta'zir jarimah allows judges to adjust sanctions proportionally and educatively based on the perpetrator's conditions, social impact, and the principle of substantive justice, so that Islamic criminal law remains responsive to societal dynamics. Nevertheless, the application of flexibility should be limited by the norms of the Shari'a so as not to create subjectivity and legal uncertainty. Thus, the ta'zir jarimah not only functions as a criminal tool, but also a strategic, adaptive and relevant preventive and rehabilitative instrument in the contemporary Islamic legal system, which is able to balance legal certainty, education and the benefit of society.
Civil Liability of E-Commerce Platforms for the Sale of Counterfeit Industrial Design Products (A Study on the Protection of Rights Holders in the Digital Economic Ecosystem) Mellysyah Dewi Sartika Siregar; Siti Nur Fadillah; Nova Syafitri; Nadiva Armayani; Cindy Mutiara Putri
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1255

Abstract

This study aims to analyze the civil liability of e-commerce platforms for the rampant sale of counterfeit industrial design products in the digital economy ecosystem. Although platforms act as intermediaries, their presence often becomes a means of industrial design rights violations that harm legitimate rights holders. The research method used is normative juridical with a statutory and conceptual approach. The results of the study indicate that the legal standing of e-commerce platforms in civil law can be classified as electronic means providers who have subjective supervision obligations. Forms of industrial design violations in the marketplace generally take the form of imitation of the configuration, shape, and composition of products sold by third parties. The analysis of the platform's civil liability refers to the Safe Harbor Policy principle, but platforms can be held accountable through the doctrine of Unlawful Acts (PMH) if proven negligent or allowing infringing content to remain available after a report (notice and take down). Legal protection for rights holders includes preventive protection through the platform's IPR verification system and repressive protection in the form of civil compensation claims.
The Challenges of Copyright Protection in the Digital Age: Between Innovation and Piracy Aicha Azdina Adly Fesya; Asfrianda Mulia NST; Akbar Rayfades; Mu’ammar Rafsanjany; Awal Diwangga
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1256

Abstract

The development of digital technology has brought significant changes in the patterns of creation, distribution, and consumption of creative works. While the digital era encourages innovation and ease of access to intellectual works, it also increases copyright infringement practices such as digital piracy. This situation poses serious challenges for the copyright legal protection system, particularly in maintaining a balance between protecting the interests of creators and the public interest. This study aims to analyze the challenges of copyright protection in the digital era and examine legal remedies that can be taken to address piracy practices. The research method used is normative juridical research with a statutory and conceptual approach, through a review of copyright-related laws and regulations and relevant legal literature. The research stages include collecting primary and secondary legal materials, normative analysis, and drawing deductive conclusions. The results indicate that weak law enforcement, low public legal awareness, and technological developments that are faster than regulations are the main factors contributing to the rise of digital piracy. Therefore, strengthening regulations, increasing public legal literacy, and synergy between the government, creative industry players, and digital platforms are needed to create an effective and equitable copyright protection system in the digital era.
Human Trafficking Crimes from the Perspective of the Police, Prosecutors, and the Witness and Victim Protection Agency Farhan Fathur Rahman; Ilham Beni Hamadi Hrp; Rossy Al Jabar; Muhammad Rafli Batu Bara
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1257

Abstract

Human trafficking constitutes a serious form of exploitation for commercial purposes and is widely regarded as a manifestation of modern slavery. Despite the existence of victims’ apparent consent in certain cases, such consent does not negate the exploitative nature of the crime, as victims are often placed in positions where refusal is impossible. In Indonesia, the persistence and increasing number of human trafficking cases raise significant concerns regarding the effectiveness and quality of law enforcement. As a response to global and national commitments, Indonesia has ratified the Palermo Protocol through Law No. 14 of 2009 and strengthened its domestic legal framework through Law No. 21 of 2007 on the Eradication of the Crime of Human Trafficking. Law enforcement efforts in combating human trafficking involve multiple institutions, including the police, the public prosecutor’s office, and the Witness and Victim Protection Agency (LPSK). The police are responsible for investigation and uncovering trafficking networks, while prosecutors exercise dominus litis authority during prosecution, including asset confiscation, license revocation, and restitution for victims. Meanwhile, LPSK plays a vital role in ensuring the physical, psychological, and procedural protection of victims. This study employs a normative juridical research method with qualitative analysis, examining statutory regulations and legal doctrines related to human trafficking. The research aims to assess the effectiveness of law enforcement practices, identify existing obstacles, and emphasize the urgency of integrated, victim-oriented approaches to achieve substantive justice and improved governance in handling human trafficking crimes.
Mandatory Wills as a Legal Instrument in Resolving Interfaith Inheritance in Indonesia Ahmad Nizar Mohammad Syamwil; Muhibbussabry; Akmaluddin Syaputra; Ramadhan Syahmedi Siregar
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1258

Abstract

The issue of interfaith inheritance is a classic issue in Islamic law that continues to generate debate, especially in multicultural societies like Indonesia. In classical fiqh, religious differences are positioned as a barrier to inheritance (māni' al-irth), so that Muslims and non-Muslims cannot inherit from each other. However, social reality shows the existence of strong family ties despite differences in faith, which demands the presence of a just and welfare-oriented legal solution. This article aims to analyze the determination of the distribution of inheritance to heirs who wear the hijab due to religious differences through the mechanism of mandatory wills from the perspective of Islamic law and Indonesian national law. This study uses a normative legal research method with a conceptual, legislative, and jurisprudential approach. The results of the study indicate that although Islamic inheritance law normatively rejects interfaith inheritance, the concept of mandatory wills can function as a legal instrument that bridges the gap between sharia provisions and demands for social justice. The application of mandatory wills for heirs of different religions, as developed in the Supreme Court decision, reflects contextual ijtihad which is based on the principles of maqāṣid al-syarī'ah, especially justice (al-'adl) and benefit (al-maṣlaḥah). Thus, obligatory wills become a legal and relevant juridical alternative in addressing the problem of inheritance between different religions in Indonesia.
Serious Human Rights Crimes Chifa Azyana Adly meknesya; Muhammad Rafly Lubis; Meldyana Permata Abdillah; Muhammad Faiz Almaisi
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1260

Abstract

Gross human rights crimes are serious violations of basic human rights that receive attention in both national and international law. This paper aims to examine the concept and scope of gross human rights crimes, their regulation in Indonesian national law, and the position of war crimes from the perspective of international criminal law. The research method used is normative legal research with a statutory and conceptual approach, through a literature review of primary and secondary legal materials. The results of the discussion indicate that Indonesian national law, through Law Number 26 of 2000 concerning Human Rights Courts, regulates gross human rights violations in a limited manner, namely genocide and crimes against humanity. Meanwhile, in international criminal law, war crimes are recognized as international crimes that occur in the context of armed conflict and are closely related to the protection of human rights. Thus, the study of gross human rights crimes and war crimes demonstrates the relationship between national law and international law in efforts to protect human dignity
Serious Human Rights Violations (The Role of the National Commission on Human Rights, the Human Rights Prosecutor's Office, and the Human Rights Court) Dinda Suciana Rambe; Yolanda Ayu Gita; Tasya Devina Putri Harahap; Putri Nabila Aryhati Solin
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1261

Abstract

Gross violations of human rights are serious crimes that require a specific and integrated legal mechanism. In Indonesia, their handling involves several key institutions, namely the National Commission on Human Rights (Komnas HAM), the Attorney General's Office through its division of prosecution of gross human rights violations, and the Human Rights Court. This study aims to analyze the role and authority of each institution in the process of enforcing the law against gross human rights violations, while also assessing the effectiveness of coordination between these institutions. The research method used is normative legal research with a statutory and conceptual approach, through a review of Law Number 26 of 2000 concerning the Human Rights Court and related regulations. The results of the study indicate that although the authority of each institution has been clearly regulated, in practice, various obstacles remain, such as differences in interpretation of authority, weak coordination, and political and administrative obstacles. Therefore, strengthening the legal framework and inter-institutional coordination mechanisms is necessary to achieve effective human rights law enforcement and justice.
Reorienting Legal Protection of Employment in Indonesia in Facing Globalization and Digitalization Topan Ahmad Anhari Harahap; Cita Suci; Anisa Dwi Putri; Abdillah Tarigan
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1262

Abstract

The rapid development of globalization and digitalization has fundamentally transformed employment relations in Indonesia. Conventional employment patterns characterized by stable and formal work arrangements have increasingly shifted toward flexible and precarious forms of employment, particularly with the rise of the digital economy and platform-based labor. This transformation poses significant challenges to the existing labor law framework, which was originally designed to regulate permanent and formal employment relationships. As a result, many platform and gig economy workers are excluded from normative labor protections, including social security, wage protection, and job security, due to their classification as independent contractors or partners rather than employees. Labor law serves a strategic function as a protective instrument for workers, who are generally in a weaker bargaining position compared to employers. Within the welfare state paradigm, such protection is intended not only to provide legal certainty but also to promote social justice and societal welfare. However, the dynamics of globalization and digitalization have exposed a regulatory gap between evolving employment practices and existing legal norms, potentially weakening the protection of workers’ rights. This study applies a qualitative research method using a normative-juridical approach. Data were collected through a systematic review of labor law regulations and relevant legal literature and analyzed descriptively and qualitatively. The study emphasizes the urgent need to reorient Indonesian labor law policies to balance economic growth, investment interests, and the constitutional obligation to ensure equitable legal protection for all workers, particularly those in digital and non-standard employment relationships.

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