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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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Zina (Adultery) in the Perspectives of Islamic Criminal Law and Indonesian Positive Law: A Comparative Analysis of Criminal Elements, Evidentiary Standards, and Penal Sanctions Dini Aprilia Pasaribu; Salwa Suci Ramadhani; Afrialdy Fansyuri Hasibuan; Mahran Siregar
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.v2i1.738

Abstract

Zina is a criminal offense that receives significant attention in both Islamic Criminal Law and Indonesian Positive Law because it is closely related to the protection of morality, social order, and family institutions. The enactment of Law Number 1 of 2023 concerning the Indonesian Criminal Code has introduced new legal developments regarding the regulation of adultery, making it important to compare its provisions with the concept of jarimah zina in Islamic Criminal Law. This study aims to analyze and compare the elements of the offense, evidentiary requirements, and criminal sanctions for zina from the perspectives of Islamic Criminal Law and Indonesian Positive Law. This research employs a normative legal research method using statutory and conceptual approaches. Data were collected through library research, including the examination of legislation, the Qur’an, Hadith, scholarly books, and relevant scientific journals. The findings reveal that Islamic Criminal Law classifies zina as a jarimah hudud, with clearly defined elements, evidentiary standards, and sanctions derived from Islamic legal sources. In contrast, Indonesian Positive Law regulates adultery through statutory provisions based on the principles of legality and modern criminal justice. The fundamental differences between the two legal systems are reflected in their evidentiary standards and forms of punishment. Nevertheless, both systems share a common objective of preserving public order, protecting individual dignity, and maintaining family integrity within society.
Comparison of Sanctions for the Criminal Act of Robbery in Islamic Jurisprudence and Indonesian Criminal Law Khairun Nisa; Adella Nurul Azzahra; Alya Syafa; Zulkarnain Tuanku Lelo; Annawawi Fairuzi
Jurnal Sahabat ISNU SU Vol. 1 No. 1 (2024): ISNU Sahabat Mei 2024
Publisher : ISNU Sumatera Utara

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Abstract

Robbery is a crime that frequently occurs in society and causes both material and psychological losses to victims. From an Islamic legal perspective, robbery is known as hirabah, which is the act of taking another person's property with violence or threats that instill fear in the community. Meanwhile, Indonesian criminal law regulates robbery as theft with violence as stipulated in Article 365 of the Criminal Code (KUHP). This study aims to analyze and compare the sanctions for the crime of robbery in Islamic jurisprudence (fiqh jinayah) and Indonesian criminal law. This study uses a normative legal research method with a statutory and comparative legal approach. Data were obtained through a literature review of the Qur'an, hadith, Islamic jurisprudence books, laws and regulations, and relevant scientific literature. The results show that Islamic jurisprudence stipulates hudud sanctions based on the level of crime committed by the perpetrator, while Indonesian criminal law applies imprisonment, life imprisonment, and the death penalty in certain circumstances. Despite differences in the form of sanctions, both legal systems have the same goal, namely to protect society, maintain public order, and provide a deterrent effect on perpetrators of criminal acts.
Analysis of the Crime of Hirabah in Islamic Criminal Law and Its Relevance to Modern Crimes Ana Zuwita; David Akmal Siregar; Intan Tri Annisa Sihite; Fayyadh Azizan Rahman Nst
Jurnal Sahabat ISNU SU Vol. 1 No. 2 (2024): ISNU Sahabat September 2024
Publisher : ISNU Sumatera Utara

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Abstract

This study examines the concept of jarimah hirabah in Islamic criminal law and its relevance to modern crimes. The background of this research is based on the increasing occurrence of various contemporary crimes that threaten public security, such as armed robbery, terrorism, and organized crime. This study aims to analyze the concept of hirabah from the perspective of Islamic criminal law and to examine its compatibility with contemporary criminal phenomena. The research employs a normative legal method with a library research approach through the examination of relevant Islamic legal sources, including the Qur’an as the primary normative foundation analyzed through scholarly literature, as well as secondary legal materials in the form of academic journals, books, and relevant previous studies. The data were analyzed using a descriptive qualitative method. The findings indicate that hirabah is one of the hudud offenses characterized by the use of violence or threats of violence committed openly, resulting in fear and disruption of public security. In its development, the concept of hirabah is relevant to several forms of modern crime, including violent theft, terrorism, and organized crime, as these offenses share common elements such as the use of violence, the creation of fear, and disturbances to public order. Nevertheless, not all modern crimes can be classified as hirabah, as they must still fulfill the specific elements prescribed under Islamic criminal law. Therefore, hirabah can be understood as a relevant conceptual framework for analyzing modern crimes that threaten public security.
Analysis of Taxpayer Compliance in the Implementation of the Self-Assessment System in Indonesia: Legal Challenges and Tax Modernization Solutions Athirah Zahrah; Adelina; Chairun Nissa Eprianty; Nabilah Eka Putri; Siti Adinda Puspita
Jurnal Sahabat ISNU SU Vol. 1 No. 2 (2024): ISNU Sahabat September 2024
Publisher : ISNU Sumatera Utara

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Abstract

Taxes play a crucial role as the main pillar of financing national development and government operations in Indonesia. To promote fiscal independence, the government implements the Self-Assessment System, which grants taxpayers the authority to calculate, pay, and report their taxes independently. However, in practice, the level of voluntary compliance is still hindered by limited tax literacy and the existence of tax avoidance practices. This study aims to examine the implementation mechanism of the Self-Assessment System, identify the factors that hinder taxpayer compliance, and formulate strategies to strengthen compliance within the framework of Indonesia’s positive law. This research employs a normative juridical method using statutory and conceptual approaches. Secondary data were analyzed descriptively and analytically through deductive legal reasoning. The findings indicate that although tax regulations, such as the Law on General Provisions and Tax Procedures (KUP Law), the Harmonization of Tax Regulations Law (HPP Law), and the Job Creation Law, have provided legal certainty, the effectiveness of the system remains constrained by information asymmetry between tax authorities and taxpayers, as well as unequal digital infrastructure development. Efforts to improve taxpayer compliance require an integrative approach through continuous fiscal education, modernization of risk-based tax administration systems (core tax system), and transparent inter-agency supervision. This study contributes theoretically to the development of a more adaptive and accommodative fiscal legal policy in Indonesia.
Evidence in Islamic Criminal Law Jasni bin Sulong; Zaid Alfauza Marpaung; Gifa Nur Syahara; Sabariana Siregar
Jurnal Sahabat ISNU SU Vol. 1 No. 2 (2024): ISNU Sahabat September 2024
Publisher : ISNU Sumatera Utara

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Abstract

Evidence constitutes a fundamental element in the Islamic criminal justice system, serving as the primary basis for establishing criminal liability while safeguarding the rights of the accused. Islamic criminal law upholds the principle of the presumption of innocence, whereby no individual may be convicted without clear, valid, and convincing evidence. This study aims to examine the concept of evidence in Islamic criminal law, identify the recognized forms of admissible evidence, and analyze the mechanisms for their application in criminal proceedings. This research employs a normative legal research method using a library research approach by examining the Qur'an, Hadith, classical and contemporary Islamic legal literature, statutory references, and relevant scholarly publications. The findings indicate that Islamic criminal law recognizes several forms of evidence, including confession (iqrār), testimony (shahādah), oath (yamīn), refusal to take an oath (nukūl), collective oath (qasāmah), the judge’s knowledge ('ilm al-qāḍī), and circumstantial evidence (qarīnah). Each form of evidence possesses specific legal requirements and varying evidentiary value depending on the nature of the criminal offense. The evidentiary process is governed by the principle that the burden of proof rests upon the claimant, while the defendant has the right to deny the allegation through legally recognized means. Particularly in cases involving ḥudūd and qiṣāṣ, Islamic law requires a higher standard of proof to avoid wrongful convictions and ensure justice. The study concludes that the Islamic evidentiary system is designed not only to determine criminal responsibility but also to protect human rights, uphold fairness, and ensure that judicial decisions are based on certainty rather than suspicion.
Hudud Jarimah From A Criminal Law Perspective Islam: Analysis Of Legal Basis Forms Of Criminal Acts and Evidence System Hisam Ahyani; Zaid Alfauza Marpaung; Syawaliyah Fitri; Intan Nur aini Harahap; Rabbany Al Ghifari
Jurnal Sahabat ISNU SU Vol. 1 No. 2 (2024): ISNU Sahabat September 2024
Publisher : ISNU Sumatera Utara

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Abstract

Hudud crimes are a category of criminal offenses in Islamic criminal law that have special characteristics because the types of prohibited acts and their sanctions have been firmly established based on the Qur'an and Sunnah. The position of hudud in the Islamic legal system indicates its role as a legal instrument aimed at maintaining public order, protecting public interests, and preventing the emergence of various forms of crime. This study aims to examine the concept of hudud crimes, the normative basis for their application, various forms of criminal offenses included in the hudud category, and their relevance in the development of contemporary legal systems. The method used is normative legal research with a library approach, through a review of Islamic legal sources, such as the Qur'an, hadith, fiqh jinayah literature, and various other Islamic legal references. As a means of imposing sanctions, hudud also has a preventive dimension that aims to suppress the potential for crime through a preventative effect and increasing legal awareness in society. Furthermore, the application of hudud punishments requires stringent evidentiary requirements to minimize the possibility of error in sentencing. Therefore, a comprehensive study of hudud requires attention to normative, philosophical, and sociological aspects to ensure its understanding remains proportionate and relevant to the dynamics of modern legal developments. The concept of hudud itself is part of the study of Islamic jurisprudence (fiqh jinayah), which regulates criminal acts and their sanctions in Islamic law.
Principles of Islamic Criminal Law in the Perspective of Jinayah Fiqh Dinda Suciana Rambe; Hanisah Raihanah Larosa; Elis S Masita Damanik
Jurnal Sahabat ISNU SU Vol. 1 No. 2 (2024): ISNU Sahabat September 2024
Publisher : ISNU Sumatera Utara

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Abstract

This study explains that Islamic criminal law or fiqh jinayah is an important part of the Islamic legal system that aims to maintain order, justice, and the welfare of the community. In its application, Islamic criminal law is not only oriented towards imposing sanctions, but also emphasizes the protection of human rights, justice, and the balance between individual and societal interests. This study aims to understand the principles of Islamic criminal law and to identify the various principles that form the basis for the application of fiqh jinayah. The research method used is normative legal research with a library approach, through a study of the Qur'an, Hadith, books, and relevant scientific journals. The results of the study indicate that the principles of Islamic criminal law include the principle of legality, the principle of prohibition of retroactive application, the principle of presumption of innocence, the principle of personal responsibility, the principle of justice and equality before the law, the principle of forgiveness and peace, the principle of protection of human rights, and the principle of humanity in the implementation of punishment. These principles indicate that Islamic criminal law has principles of justice that are in line with modern legal values ​​and aim to create the welfare of the community.
The Concept of Justice and Benefit for Perpetrators and Victims of Crime Imamuddin; Mashabie Syamnur; Wardah Nur Syahira Sinaga
Jurnal Sahabat ISNU SU Vol. 1 No. 2 (2024): ISNU Sahabat September 2024
Publisher : ISNU Sumatera Utara

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Abstract

Crime is an inevitable social problem because it is related to individual behavior, social structure, economic inequality, and weak control of norms and laws. In the Indonesian positive legal system, particularly the Criminal Procedure Code (KUHAP), the retributive paradigm remains dominant, resulting in relatively marginalized victims and the right to redress not being systematically accommodated. This study examines criminal law enforcement from the perspective of Islamic justice, which places the principles of 'adl (justice) and maslahah (benefit) as the normative foundation. Qualitative research methods were used with a literature study approach and juridical-sociological analysis of laws and regulations, fiqh doctrine, and related literature. The research stages included secondary data collection, comparative analysis between the retributive and restorative paradigms, and synthesis of the concept of maqasid al-shari'ah in the context of victim recovery and perpetrator rehabilitation. The results indicate that the integration of the principles of restorative justice and maqasid can strengthen victim protection, encourage material and immaterial recovery, and provide a restorative orientation to sanctions that support social reintegration. The discussion emphasized the need for reform of judicial policies and practices to accommodate victim recovery mechanisms, officer training, and alternative sentencing policies based on maslahah (beneficial interests) in order to achieve social harmony.
Attempted Criminal Acts in Islamic Criminal Law Dini Ramadhani; Nabila Az'zahra
Jurnal Sahabat ISNU SU Vol. 1 No. 1 (2024): ISNU Sahabat Mei 2024
Publisher : ISNU Sumatera Utara

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Abstract

In this paper, the author will discuss attempted criminal acts in Islamic criminal law. Islamic Criminal Law is an important part of the Islamic legal system that aims to maintain order, justice, and the welfare of the community. In practice, Islamic criminal law not only regulates actions that have been committed, but also addresses actions that are still in the attempted stage. An attempted criminal act is the incomplete completion of a criminal act due to several external factors, the perpetrator having intent and the initiation of the criminal act. An attempted criminal act also has several elements. For an act to be considered an attempted criminal act, it must fulfill three main elements: an act that has begun with intent, there is implementation to carry out an act, and the incompleteness of the act that is not due to the individual's own will. Regarding this attempted criminal act, there are also several opinions from scholars. Scholars, including the imams of the madhhab, do not discuss this attempted criminal act explicitly and specifically. However, this does not mean that attempted criminal acts are considered an unimportant issue, but rather because attempted criminal acts are included in the category of ta'zir crimes, which are flexible and left to the judge's discretion.Indonesia in this section.
Perspectives on Commercial Law Enforcement in the Era of Digitalization and Globalization Taufik Hidayat Batubara; Adelia Salsabila Marbun; Aqtika Deeba Lubis; Muhammad Agis Nirodi
Jurnal Sahabat ISNU SU Vol. 2 No. 2 (2025): ISNU Sahabat September 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v2i2.817

Abstract

One of the most significant forces behind this change is digitalization. While facilitating a wide range of direct information and commercial transactions through digital platforms, these procedures also pose new challenges for the rules and laws governing the operations of global companies. In addition to discussing the difficulties and tactics involved in developing a current and flexible legal framework, this essay also examines how globalization and digitalization have impacted commercial law. Its primary focus is on how commercial law can foster inclusive economic growth, address the digitalization of trade, and resolve regulatory disparities. Trade law must be able to lower trade barriers in the context of globalization that prevent poor countries from accessing international markets. Case studies and a literature review are among the research techniques used. While case studies offer a practical dimension by examining actual examples of the application of commercial law in the context of globalization and digitalization, the literature review seeks to explore sources of information that discuss changes in commercial law with the advent of globalization and digitalization. The study's conclusion highlights the importance of cross-sector engagement and successful tactics in creating an appropriate legal framework considering the evolving realities of international trade in the digital age. As a result, this essay provides a comprehensive understanding of the regulatory nuances surrounding international trade alongside legal remedies and appropriate approaches to address the difficulties that arise in the digital age.

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