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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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Cyberbullying In the Perspective of Islamic Criminal Law Ending Solehudin; Mukhlis Akbar Ramadhani; Adinda Putri Hutabarat; Alwi Almisky Munthe
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.v1i3.507

Abstract

The rapid development of information and communication technology has significantly transformed patterns of social interaction while simultaneously giving rise to new forms of crime, including cyberbullying. Cyberbullying has become a serious legal issue due to its detrimental effects on victims' psychological well-being, personal dignity, and reputation. Although Indonesia has enacted Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 on Electronic Information and Electronic Transactions (ITE Law), the regulation does not explicitly define cyberbullying as a distinct criminal offense but addresses related acts such as defamation, threats, extortion, and intimidation committed through electronic media. This study aims to analyze the legal regulation of cyberbullying under the ITE Law and examine its legal consequences from the perspective of Islamic criminal law. This research employs a normative juridical method with a descriptive-analytical approach based on statutory, conceptual, and literature studies. The findings indicate that cyberbullying constitutes a form of cybercrime involving electronic media to threaten, intimidate, humiliate, or damage another person's reputation. Under Indonesian positive law, perpetrators may be prosecuted under several provisions of the ITE Law and the Criminal Code depending on the nature of the offense. From the perspective of Islamic criminal law, cyberbullying is categorized as a ta'zir offense because no specific punishment is prescribed in the Qur'an or Hadith. Consequently, the determination of sanctions is left to the discretion of the legitimate authority (ulil amri) to ensure justice, public order, and the protection of individual honor. The study concludes that both Indonesian positive law and Islamic criminal law share the same objective of protecting human dignity and preventing harm caused by cyberbullying, despite adopting different legal approaches to determining criminal sanctions.  
The Role of Ta'zir Sanctions in Preventing Promiscuity Among Adolescents: An Islamic Criminal Law Perspective Dava Abie Zandhika Nasution; Kharina Nur Huda; Nurhalijah Siregar; Rayhan Abyasha Az
Jurnal Sahabat ISNU SU Vol. 1 No. 1 (2024): ISNU Sahabat Mei 2024
Publisher : ISNU Sumatera Utara

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Abstract

Free association among adolescents has become a social issue that has attracted increasing attention due to its potential to cause various negative impacts, including deviant behavior, violations of religious norms, moral degradation, and the rise of juvenile delinquency. This phenomenon not only affects individual development but also has implications for social order and community life. From the perspective of Islamic Criminal Law, various forms of behavior leading to immoral acts, whose types and punishments are not explicitly stipulated in the Qur’an and Hadith, may be categorized as jarimah ta'zir. Ta'zir refers to a form of punishment whose determination is entrusted to the authority of the ruler or competent institution by considering the severity of the offense, public welfare (maslahah), and the objective of offender rehabilitation. This study aims to analyze the role of jarimah ta'zir in addressing free association among adolescents from the perspective of Islamic Criminal Law. The research employs a normative legal research method with conceptual and Islamic juridical approaches through an examination of the Qur’an, Hadith, scholarly opinions, and relevant literature. The findings indicate that jarimah ta'zir plays a strategic role in preventing and overcoming free association through the implementation of educational, preventive, repressive, and rehabilitative sanctions. The application of ta'zir punishment is not merely intended to create a deterrent effect but also to improve moral conduct, enhance legal awareness, and encourage adolescents to return to the values of Islamic teachings. The flexibility of ta'zir allows for the adjustment of sanctions according to social conditions and the rehabilitative needs of offenders. Therefore, the concept of jarimah ta'zir can serve as an effective instrument of Islamic law in safeguarding the morality of the younger generation and promoting public welfare. This study is expected to contribute to the development of Islamic Criminal Law studies, particularly regarding efforts to address free association among adolescents.
Legal Analysis of Rejection of Life Insurance Claims By Insurance Companies Based on the Principles of Good Faith and Consumer Protection Laila Rizqillah; Amanda Putri Fajrin; Salwa Khairina Azzahra; Nabila Hilmy Khairunnisa Hasibuan; Nadiatul Maghfirah
Jurnal Sahabat ISNU SU Vol. 1 No. 2 (2024): ISNU Sahabat September 2024
Publisher : ISNU Sumatera Utara

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Abstract

One of the most common causes of disputes between insured and insurance companies is the rejection of life insurance claims. Life insurance is essentially a contract that offers protection against the possibility of death or other perils stated in the policy. However, in reality, many insurance companies refuse to pay claims for various reasons, including policy limitations, discrepancnies in the coverage data, alleged violations of the principle of absolute good faith, or other administrative reasons. As parties entitled to insurance benefits, this situation often results in legal confusion for the insured and their heirs. This study aims to investigate the legal justification for life insurance claim rejections by insurance companies, examine the legal protections for the insured, and investigate the legal consequences of claim rejections that violate legal requirements. The research methodology used is normative legal research using statutory, conceptual, and case study approaches. The findings indicate that insurance companies can only reject claims if there is a strong legal basis in accordance with the policy provisions and relevant laws and regulations. Unilateral rejection of claims without a valid reason can be considered a breach of contract (default) or possibly an illegal act requiring compensation. Alternative Dispute Resolution Institutions in the Financial Services Sector, insurance companies' internal dispute resolution procedures, or court litigation can all be used to seek legal protection for insured parties. Therefore, to provide legal certainty and preserve the rights of insured parties, it is crucial to increase transparency in insurance claims procedures and strengthen oversight by the Financial Services Authority (OJK).
The Crime of Theft by Workers in the Workplace: A Review of the Concept of Ghulul in Islamic Criminal Law David Nwanna Dumbiri; Yovani Zela; Jihan Aulia; Yunanta M. Hafiz; Ivan Vaizal
Jurnal Sahabat ISNU SU Vol. 1 No. 1 (2024): ISNU Sahabat Mei 2024
Publisher : ISNU Sumatera Utara

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Abstract

This study analyzes theft by workers in the workplace not merely as a crime against property (larceny), but as a form of betrayal of trust (fiduciary duty) in the context of Islamic criminal law. Using a normative approach based on literature studies, this journal examines the concept of Ghulul from the perspective of the Qur'an, Hadith and fiqh jinayah literature (Islamic criminal law), then compares it with the construction of theft in the Indonesian Criminal Code. The employment relationship is analyzed through the framework of the ijarah contract, where the worker acts as an amin (trusted party) who has special obligations. This study shows that criminal liability from the perspective of ta'zir (discretionary punishment) provides more comprehensive justice, going beyond mere punishment, including recovery of losses and social sanctions. In addition, the value of trust in the Islamic perspective can strengthen the company's internal control system. In conclusion, Ghulul is a relevant legal instrument to criminalize and prosecute acts of betrayal of trust in modern employment relationships, while also offering an alternative criminal liability that is more in line with substantive justice.
Attempting to Commit a Criminal Act: From the Perspective of Islamic Criminal Law Khairunnisa Siregar; Diaz Albani; Muhammad Akbar Al Falah Amri; Nazwa Auliya Pratiwi
Jurnal Sahabat ISNU SU Vol. 1 No. 2 (2024): ISNU Sahabat September 2024
Publisher : ISNU Sumatera Utara

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Abstract

An attempted crime is an act that has been initiated by the perpetrator with the aim of committing a crime, but is not completed or does not produce the desired consequences due to certain obstacles. This study aims to analyze the concept of attempted crime from the perspective of Islamic criminal law through the views of four Islamic schools of thought, namely Imam Hanafi, Imam Maliki, Imam Syafi'i, and Imam Ahmad bin Hanbal, and examines the stages of implementation of the crime according to Al-Mawardi's thoughts in Ahkam al-Sulthaniyyah. This study uses a normative legal research method with a library research approach through analysis of the Qur'an, hadith, classical fiqh books, and Islamic criminal law literature. The results of the study indicate that the four schools of thought agree that hudud and qisas punishments can only be applied if all elements of the crime have been perfectly fulfilled. Meanwhile, attempted crimes that have not fulfilled these elements can still be subject to ta'zir sanctions based on the judge's discretion by considering the intention, actions, and level of danger posed. The stages of criminal conduct include intent, preparation, initiation of execution, completion of the crime, evidence gathering, and enforcement of the verdict. This concept demonstrates that Islamic criminal law prioritizes the principles of justice, prudence, and public welfare in law enforcement.
The Combination of Criminal Acts (Ta'addud Al-Jara'im) in the Perspective of Fiqh Jinayah Gita Ayu Maijani; Fauzan Azhima; Alya Zakira Harahap
Jurnal Sahabat ISNU SU Vol. 1 No. 2 (2024): ISNU Sahabat September 2024
Publisher : ISNU Sumatera Utara

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Abstract

A combined criminal act is a situation when a person commits more than one criminal act before there is a legal decision with permanent force. In Islamic criminal law, this concept is known as ta'addud al-jarā'im. This research aims to examine the definition, legal basis, elements, forms, criminal system, and application of punishment to a combination of criminal acts in the perspective of fiqh jinayah and positive criminal law in Indonesia. The method used is library research with a descriptive-analytical approach through the study of the Qur'an, hadith, fiqh jinayah literature, and relevant laws and regulations. The results of the study show that the combined criminal acts have a strong legal basis in Islam that emphasizes the principles of justice, accountability, and benefit. The combined forms of criminal acts include idealistic concursus, realist concursus, and continuing acts. In the application of Islamic criminal law, punishment can be in the form of hudud, qishash and diyat, as well as ta'zir by considering the rights of Allah, human rights, and the benefit of society. The difference in the views of scholars regarding the application of punishment shows the flexibility of Islamic law in dealing with various forms of crime. Thus, the rules regarding combined criminal acts reflect the perfection of the Islamic legal system which is oriented towards justice, protection of the community, and the prevention of repeat crimes.must be written with
Problems of Execution and Implementation of Arbitration Decisions in Settling Workers' Rights Disputes Nikmah Dalimunthe; Siti Nazua Novianti
Jurnal Sahabat ISNU SU Vol. 1 No. 1 (2024): ISNU Sahabat Mei 2024
Publisher : ISNU Sumatera Utara

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Abstract

Arbitration, as an alternative mechanism for resolving workers' rights disputes, should offer legal certainty that is faster and more efficient than conventional litigation. However, in practice, arbitration awards, which are normatively final and binding, often face serious obstacles at the execution and implementation stages. This study critically analyzes the problems of executing arbitration awards in the context of workers' rights disputes in Indonesia, identifies legal loopholes exploited by losing parties to delay or thwart the implementation of the award, and examines their impact on the fulfillment of workers' normative rights. Using a normative juridical approach with comparative analysis and case studies, the study finds that weak execution mechanisms, multiple interpretations of public order provisions, and procedural gaps in filing applications for annulment of awards are the main root causes of the problem. Substantive reforms in labor arbitration regulations, strengthening the capacity of arbitration institutions, and stricter mechanisms for monitoring execution are absolutely necessary.
The Exemption of Punishment and Criminal Responsibility According to Islamic Criminal Law Chifa Azyana Adly meknesya; Viennalia Rizti Putri; Sarah Rubina Ilham
Jurnal Sahabat ISNU SU Vol. 1 No. 1 (2024): ISNU Sahabat Mei 2024
Publisher : ISNU Sumatera Utara

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Abstract

The abolition of punishment and criminal liability in Islamic criminal law is a concept that demonstrates the flexibility of sharia in realizing justice and public welfare. This issue is important because in practice, Islamic criminal law is often perceived as a rigid and repressive system, even though normative mechanisms exist that allow for the abolition of punishment and criminal liability under certain conditions. This study aims to analyze the legal basis for the abolition of punishment, examine the various factors causing the abolition of punishment, and explain the concepts and factors that influence the abolition of criminal liability in Islamic criminal law. This study uses a qualitative method with a normative library research approach by reviewing the literature and various related scientific references. The results show that the abolition of punishment has a normative basis in Islamic law, which includes forgiveness, repentance, lack of evidence, coercion, and other legal conditions recognized by sharia. However, the abolition of punishment does not always mean the loss of criminal liability, because in certain conditions there are still forms of legal consequences such as diyat. Meanwhile, criminal responsibility in Islamic law depends on the fulfillment of the elements of reason, awareness, and freedom of will, so that factors such as mental disorders, not yet reaching puberty, coercion, and unintentional acts can cause criminal responsibility to be dropped or reduced.
Case Studies of Contemporary Crimes from an Islamic Law Perspective Muhammad Farrel Aufa Nst; Nanda Syahputra
Jurnal Sahabat ISNU SU Vol. 1 No. 2 (2024): ISNU Sahabat September 2024
Publisher : ISNU Sumatera Utara

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Abstract

The acceleration of modern-day information technology acts as a double-edged sword, triggering a radical metamorphosis of conventional crime into contemporary cyber-based crime. This study aims to analyze the characteristics, typology, and causal factors of contemporary crime, as well as formulate the qualifications of crimes and the formulation of sanctions from the perspective of Indonesian positive law and Islamic Criminal Law (Fiqh Jinayah). The research method used is normative juridical with a conceptual approach and case studies of four crime typologies, namely online fraud, cyber-corruption, ransomware attacks, and the industrialization of hoaxes. The results show that contemporary crimes are characterized by de-territoriality, high anonymity, fluidity, and are included in the white-collar crime cluster triggered by the technological gap and the degradation of cyber ethics. Although Indonesian positive law has anticipated this crime through the instruments of the ITE Law, the Corruption Law, the Money Laundering Law, and Law No. 1 of 1946, the effectiveness of its enforcement is still hampered by the complexity of digital evidence and jurisdictional constraints. In the view of Islamic Jurisprudence, all of these contemporary crimes cannot be categorized as hudud or qisas-diyat because they do not fulfill rigid material requirements of sharia, such as the absence of physical storage restrictions (al-hirz) on data theft. Therefore, contemporary crimes are classified as Ta'zir crimes, where the authority to formulate sanctions and their formulation is completely handed over to the ijtihad of the ruler (ulil amri) in order to uphold the public interest (mashlahah mursalah) and fortify the pillars of al-maqasid al-khamsah.
Concepts and Theories of Punishment in Islamic Criminal Law Salwa Refanny; Muhammad Syahzan Haraharap
Jurnal Sahabat ISNU SU Vol. 1 No. 2 (2024): ISNU Sahabat September 2024
Publisher : ISNU Sumatera Utara

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Abstract

From a legal perspective, criminal punishment is part of the law enforcement apparatus that has a normative basis and ethical objectives rooted in the values of Islamic Sharia. This study focuses on an in-depth examination of the concept of criminal punishment, the theories underpinning it, and the forms of punishment in Islamic criminal law, along with their relevance to the development of the modern legal system today. This study employs a qualitative method with a juridical-normative approach through a literature review drawn from Islamic legal texts and various relevant and credible scholarly references. The research findings indicate that the structure of punishment in Islamic criminal law is divided into three main categories: hudud, qisas-diyat, and ta’zir, each of which reflects the principles of legal certainty, justice, and proportional flexibility. Furthermore, the theory of punishment in Islam encompasses retributive, preventive, and corrective approaches that function in an integrated and complementary manner to achieve the overall objectives of the law. Thus, punishment in Islamic criminal law is not merely repressive but also serves preventive and educational functions in fostering social order and the sustainable well-being of society.

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