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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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Organ Transplantation in the Perspective of Islamic Fiqh: Analysis of Permissibility, Requirements, and Legal Implications Ahmad Baqi; Chaisya Aliffah Siswoyo; Yulia; Eviana Sagala
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.v2i3.913

Abstract

Organ transplantation represents one of the most significant advances in modern medicine, offering life-saving treatment and improving the quality of life for patients suffering from end-stage organ failure. Nevertheless, this medical practice raises important legal and ethical questions within Islamic jurisprudence (fiqh), particularly concerning the permissibility of organ donation, the protection of human dignity, and the prohibition of organ commercialization. This study aims to analyze the Islamic legal perspective on organ transplantation, examine the conditions governing organ donation from living and deceased donors, and explore the legal implications of organ trading within contemporary medical practice. This research employs a qualitative normative approach through library research by analyzing primary Islamic legal sources, including the Qur'an, Hadith, classical and contemporary fiqh literature, fatwas, and relevant scholarly publications. The findings reveal that the majority of contemporary Muslim scholars permit organ transplantation under strict conditions, namely medical necessity (ḍarūrah), voluntary donor consent, the absence of serious harm to the donor, and the prohibition of any commercial motive. Organ donation from deceased individuals is also considered permissible, provided prior consent or family authorization exists and the dignity of the deceased is respected. Conversely, the commercialization and sale of human organs are categorically prohibited because they violate the principles of human dignity (karāmat al-insān), justice, and the objectives of Islamic law (maqāṣid al-sharī‘ah). The study concludes that organ transplantation is compatible with Islamic law when conducted within ethical and legal boundaries aimed at preserving human life (ḥifẓ al-nafs). Therefore, stronger legal regulation, public education, and collaboration between medical professionals and Islamic scholars are essential to ensure that transplantation practices remain consistent with Islamic ethical principles.
Analysis of Jinayah Fiqh on Adultery and the Moral Damage of the Younger Generation Abdul Hakim; Annisa Putri Sinaga; Vressillia Witama; Irpan Mauliandi Damanik; Arsyad Rizki Pratama
Jurnal Sahabat ISNU SU Vol. 1 No. 2 (2024): ISNU Sahabat September 2024
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1235

Abstract

Adultery is viewed in Islamic law as an act that not only violates moral norms but also has broad legal and moral implications, especially for the character formation of the younger generation. The weakening of moral awareness due to the normalization of sexual relations outside of marriage raises concerns about the destruction of the value system protected by Islamic law. This article aims to examine the views of Islamic jurisprudence (fiqh jinayah) on adultery as a crime, its impact on the moral decay of the younger generation, and the purpose of establishing sanctions for adultery as a preventive measure. The research method used is normative legal research with a fiqh jinayah approach. The approaches applied include a normative Islamic regulatory approach (statute approach) through a study of the Qur'an and Hadith, and a conceptual approach (conceptual approach) by examining the thoughts of Islamic scholars regarding adultery and its punishment in Islamic criminal law. The research data sources are secondary legal materials obtained through literature studies, including fiqh jinayah books, Islamic criminal law books, scientific journals, and the opinions of relevant Islamic legal experts. Data analysis is conducted qualitatively by interpreting and constructing Islamic legal norms to obtain a comprehensive understanding. The results of the study show that jinayah fiqh views adultery sanctions as an instrument for maintaining morals and protecting society, which is directed at preventing the spread of moral damage, especially among the younger generation.
Reassessing Child Labour Protection in Indonesia: Evaluating the Effectiveness of Law No. 35 of 2014 through a Socio-Legal Perspective Misdin Arifin HM; Siti Nurjannah Lase; Zahara Ananda; Layla Hasfajira; Gilang Ade Prabowo
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Mei 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1243

Abstract

Child labour remains a persistent legal and human rights issue in Indonesia despite the enactment of Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 on Child Protection, which explicitly prohibits the economic exploitation of children. The continued prevalence of child labour indicates a significant gap between the normative framework and its practical implementation. This study aims to analyze the effectiveness of the implementation of Law No. 35 of 2014 in protecting children from labour exploitation, identify the principal obstacles to law enforcement, and formulate policy reforms to strengthen child labour protection in Indonesia. This research employs a normative juridical method using statutory, conceptual, comparative, and case approaches. Legal materials were analyzed through qualitative legal reasoning by examining national legislation, international labour standards, legal doctrines, and recent statistical data published by the Central Statistics Agency (BPS), the International Labour Organization (ILO), and UNICEF. The findings reveal that Indonesia possesses a relatively comprehensive legal framework aligned with international standards, including ILO Conventions No. 138 and No. 182. However, implementation remains constrained by fragmented institutional coordination, inadequate labour inspection, weak law enforcement, disparities in regional governance capacity, socio-economic inequalities, and the dominance of informal employment sectors where child labour is difficult to monitor. These challenges significantly reduce the effectiveness of legal protection despite the existence of criminal sanctions. The study concludes that strengthening child labour protection requires an integrated legal policy combining effective law enforcement, cross-sectoral institutional coordination, enhanced labour inspection systems, digital governance, social protection programs, and community participation. The proposed Integrated Child Labour Protection Framework (ICLPF) offers a comprehensive legal policy model to bridge the gap between legal norms and practical implementation while reinforcing Indonesia's commitment to protecting children's rights in accordance with national and international legal standards.
Contract Law and Default in Indonesian E-Commerce Transactions: Legal Certainty, Consumer Protection, and the Future of Digital Contract Enforcement David Nwanna Dumbiri; Luluk Makhmia; Putri Wulan Mandasari; Yoga Dwi Firmansyah; Firza Agung Prakos
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Mei 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1244

Abstract

The rapid expansion of electronic commerce has fundamentally transformed contractual relationships by enabling legally binding transactions to be concluded through digital platforms without physical interaction between contracting parties. While this transformation has improved commercial efficiency, it has simultaneously generated increasingly complex legal issues concerning contractual validity, breach of contract, consumer protection, and dispute resolution. In Indonesia, although online agreements are recognized under the Civil Code and electronic transaction regulations, cases of default in e-commerce transactions continue to demonstrate a significant gap between normative legal provisions and practical enforcement. This study aims to analyze the implementation of Indonesian contract law in online purchase transactions, examine the legal consequences of default committed by sellers, and evaluate the effectiveness of existing legal mechanisms in providing legal certainty and consumer protection within the digital economy. The research employs a normative juridical method using statutory, conceptual, comparative, and case approaches. Legal materials were collected from primary legislation, legal doctrines, judicial opinions, and international legal instruments, and were analyzed through qualitative legal reasoning supported by systematic and comparative legal interpretation. The findings indicate that electronic contracts possess the same binding legal force as conventional agreements provided that the requirements stipulated in Article 1320 of the Indonesian Civil Code are fulfilled. Nevertheless, legal enforcement remains constrained by weak contractual compliance, unequal bargaining positions between consumers and business actors, fragmented dispute resolution mechanisms, and limited integration between conventional contract law and digital commerce regulations. This study proposes an Integrated Digital Contract Enforcement Model that combines civil law principles, electronic transaction regulation, consumer protection mechanisms, and online dispute resolution to strengthen legal certainty and enhance contractual justice within Indonesia's evolving digital economy.
Life Insurance as a Family Financial Protection Instrument: A Legal and Practical Study Billy Prasetyo; Muhammad Jogi Uliando; Dhenis Indrawan; Andi Ghani Hasibuan; Nurleli Suseno
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Mei 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1245

Abstract

Family financial stability is highly vulnerable to unexpected risks, particularly the death of the primary income earner, which may significantly affect the welfare and economic sustainability of surviving family members. In this context, life insurance has become an important legal and financial instrument that not only provides economic protection but also establishes legal certainty through contractual arrangements between policyholders, insurers, and beneficiaries. This study aims to examine the role of life insurance as an instrument of family financial protection from both legal and practical perspectives by analyzing the legal position of the parties, the implementation of insurance claims, and the legal implications of life insurance for beneficiary families. This research employs a normative legal method using statutory and conceptual approaches. Legal materials were collected through library research, including legislation, legal doctrines, books, and scholarly journal articles concerning insurance law and family financial protection. The collected materials were analyzed qualitatively through legal interpretation and conceptual analysis. The findings reveal that life insurance performs a strategic function in maintaining family financial stability by transferring economic risk and providing legal protection through enforceable insurance agreements. Nevertheless, practical implementation continues to encounter several challenges, including limited legal literacy among policyholders, inadequate transparency regarding policy provisions, and disputes arising from insurance claim procedures. These issues potentially weaken legal certainty and reduce the effectiveness of life insurance as a family protection mechanism. The study concludes that the effectiveness of life insurance depends not only on comprehensive legal regulation but also on transparent contractual practices, good faith among contracting parties, effective regulatory supervision, and improved public legal awareness. Strengthening these aspects is essential to ensure that life insurance functions optimally as a sustainable instrument of family financial security and legal protection.
International Arbitration and Its Implications for National Legal Sovereignty Manswab Mahsen Abdulrahman; Aulia Hafhazah; Wardatul Jannah
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Mei 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1246

Abstract

International arbitration is a dispute resolution mechanism increasingly used in cross-border legal relations, particularly in the areas of international trade and foreign investment. While international arbitration provides legal certainty and protection for investors, it also has implications for national legal sovereignty, particularly when a country must comply with arbitral awards outside the national judicial system. The interaction between international arbitration and national sovereignty reflects a broader transformation in international economic law, where states are no longer the sole actors determining legal outcomes in cross-border economic relations. Through international arbitration mechanisms, particularly Investor-State Dispute Settlement (ISDS), private investors obtain procedural rights to challenge state measures, creating a complex relationship between investment protection and the regulatory autonomy of states. This development raises fundamental questions regarding the extent to which states can maintain their sovereign authority while participating in global economic governance frameworks. This study aims to analyze the implications of international arbitration on national legal sovereignty by examining the legal framework of international arbitration and the response of the Indonesian legal system to international arbitral awards. The research method used is qualitative research with a normative juridical approach through a literature review of laws and regulations, international treaties, and related legal literature. The results indicate that international arbitration has the potential to limit state authority in establishing public policy, but still plays an important role in creating legal certainty and a conducive investment climate. This study argues that the impact of international arbitration on sovereignty should not be understood merely as a reduction of state authority, but as a transformation of sovereignty within an interconnected international legal order. Therefore, the effectiveness of national sovereignty depends on the ability of states to formulate adaptive regulations, negotiate balanced international agreements, and develop institutional capacity to participate effectively in international arbitration proceedings. Therefore, a strategy is needed to strengthen national legal sovereignty through regulatory reform, a consistent role for national courts, and increased institutional capacity so that the state can safeguard national interests without neglecting international legal commitments.  
Legal Consequences of Concealing Adopted Children's Lineage: A Comparative Study Between Indonesian Criminal Law and Islamic Law on Identity, Inheritance, and Child Protection Ahmad Nizar Mohammad Syamwil; Maulidya Mora Matondang; Ramadhan Syahmedi Siregar; Akmaluddin Syahputra
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Mei 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1247

Abstract

Concealing the ancestry of adopted children constitutes a complex legal issue that involves the intersection between criminal law, child protection, and Islamic legal principles. Adoption in contemporary society is no longer merely a social relationship of care but also generates significant legal consequences concerning personal identity, lineage, inheritance rights, guardianship, and family relations. In Indonesia, the legal framework of adoption reflects a pluralistic character, where national law prioritizes the protection of children’s rights and administrative certainty, while Islamic law strictly maintains the preservation of nasab (lineage) as an essential element of individual legal status. The practice of concealing the biological origins of adopted children creates a conflict between social perceptions that often place adopted children in an equivalent position to biological children and legal principles requiring transparency of identity. This study aims to examine the legal consequences of concealing the ancestry of adopted children from the perspectives of Indonesian criminal law and Islamic law. This research employs a normative juridical method using statutory and conceptual approaches through analysis of relevant legislation, the Compilation of Islamic Law, and Islamic legal doctrines. The findings indicate that concealing the ancestry of adopted children may constitute a legally prohibited act under Indonesian criminal law, particularly when accompanied by false statements, unlawful adoption procedures, or manipulation of a child’s identity, which may result in criminal liability. From the perspective of Islamic law, such concealment contradicts the principle of maintaining nasab and may create legal consequences concerning inheritance, marriage guardianship, and familial status. Islamic law permits adoption in the form of kafalah, emphasizing protection and care without altering the child’s original lineage. This study concludes that transparency regarding the origins of adopted children is a fundamental legal obligation that serves to protect children’s rights, prevent future legal disputes, and harmonize positive law with Islamic legal values in Indonesia’s adoption system.
The Reconstruction of Gender-Responsive Labour Law Enforcement: Repositioning the Department of Manpower in Addressing Sexual Violence Against Women in the Indonesian Workplace Chifa Azyana Adly meknesya; Nikmatul Husna; Muhammad Firmansyah; Meldyana Permata Abdillah; Ari Affandi Sagala
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Mei 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1248

Abstract

Sexual violence against women in the workplace remains a persistent structural challenge that undermines workers' dignity, equality, and the realization of decent work. Although Indonesia has strengthened its legal framework through Law Number 12 of 2022 on Sexual Violence Crimes, Minister of Manpower Decree Number 88 of 2023, and related labour regulations, enforcement remains fragmented and largely reactive. This study examines the role of the Department of Manpower in enforcing labour laws related to workplace sexual violence, identifies weaknesses within the current enforcement system, and proposes a gender-responsive enforcement model to enhance victim protection. The research employs a normative juridical method using statutory, conceptual, comparative, and case approaches, supported by international labour standards and human rights instruments, including ILO Convention No. 190 and CEDAW. Primary legal materials consist of Indonesian legislation and international instruments, while secondary materials include scholarly literature, judicial decisions, government reports, and international publications. The findings indicate that workplace sexual violence constitutes not only an individual criminal offence but also a structural labour law violation arising from failures in workplace governance, employer accountability, and state supervision. The study further reveals that the Department of Manpower's effectiveness is constrained by fragmented institutional authority, limited labour inspection capacity, weak inter-agency coordination, and the absence of integrated victim-centred enforcement mechanisms. Accordingly, this research proposes a Gender-Responsive Labour Law Enforcement Model (GRLEM) integrating preventive supervision, gender-sensitive labour inspection, institutional coordination, victim protection, and effective administrative sanctions. The model contributes to labour law scholarship by transforming labour inspection into a human rights-based enforcement mechanism that supports safe, equitable, and violence-free workplaces in Indonesia.
Comparison of Fund Management Systems in Conventional Insurance and Sharia Insurance Aicha Azdina Adly Fesya; Salsabilla Hamdi; Larasati Ritonga; Zaldy Ichsan Febrian; Ilham Soleh Tanjung
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Mei 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1249

Abstract

Insurance is a crucial instrument in the financial system, serving as a means of risk management. In Indonesia, insurance practices have developed into two main systems: conventional insurance and sharia insurance, which differ fundamentally, particularly in fund management. This article aims to compare fund management systems in conventional and sharia insurance, based on a review of previous research, laws and regulations, and relevant literature. The research method used is library research with a qualitative descriptive approach. The results indicate that fund management in conventional insurance is based on the principle of risk transfer, with a system of pooling premiums owned by the company, and investment management that potentially contains elements of riba, gharar, and maisir. Meanwhile, sharia insurance applies the principle of risk sharing through tabarru' and tijarah contracts, with the separation of participant funds from company funds, and investment management that must comply with sharia principles. Furthermore, differences in fund management are also reflected in the underwriting surplus mechanism and oversight by the Sharia Supervisory Board. Thus, it can be concluded that the fund management system in Islamic insurance has more transparent characteristics and is oriented towards the principles of justice and mutual assistance, in contrast to conventional insurance which is oriented towards company profits.  
Strengthening Integrated Financial Crime Enforcement in Indonesia: Evaluating the Institutional Synergy Between the Financial Services Authority (OJK) and the Indonesian Financial Intelligence Unit (PPATK) Farhan Fathur Rahman; Indah Sari Br. Barus; Qori Asvifah Bintang; Rafly Alikhsan Sikumbang
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Mei 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1250

Abstract

The rapid transformation of the banking sector through digital financial services has significantly increased the complexity of banking crimes, extending beyond conventional fraud to sophisticated forms of financial misconduct, including cyber-enabled banking fraud, cross-border money laundering, beneficial ownership concealment, and illicit financial flows. These developments have challenged the effectiveness of traditional banking supervision and criminal law enforcement mechanisms. This study aims to critically examine the institutional relationship between the Financial Services Authority (Otoritas Jasa Keuangan/OJK) and the Indonesian Financial Transaction Reports and Analysis Center (Pusat Pelaporan dan Analisis Transaksi Keuangan/PPATK) in combating banking crimes under the Indonesian legal framework. Employing normative legal research, this study applies statutory, conceptual, analytical, and comparative approaches by examining Indonesian banking legislation alongside international standards concerning financial supervision and anti-money laundering issued by the Financial Action Task Force (FATF) and other international institutions. The findings demonstrate that although OJK and PPATK possess distinct legal mandates, the effectiveness of banking crime enforcement largely depends on institutional coordination rather than individual institutional authority. OJK performs prudential regulation and supervisory functions aimed at preventing systemic risks and ensuring regulatory compliance within the banking sector, whereas PPATK functions as Indonesia's Financial Intelligence Unit (FIU) responsible for collecting, analyzing, and disseminating financial intelligence associated with suspicious financial transactions. Nevertheless, overlapping supervisory responsibilities, fragmented regulatory coordination, delayed information exchange, and the absence of an integrated financial crime governance mechanism continue to impede effective law enforcement. This study proposes an Integrated Financial Crime Enforcement Model that emphasizes real-time institutional coordination, regulatory harmonization, intelligence-based supervision, and collaborative asset recovery as strategic measures to strengthen Indonesia's financial integrity. The proposed model contributes to the development of banking law by integrating prudential supervision and financial intelligence into a comprehensive institutional framework capable of responding to increasingly sophisticated financial crimes.

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