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Jurnal Cendikia ISNU SU
Published by ISNU Sumatera Utara
ISSN : 30639530     EISSN : -     DOI : https://doi.org/10.70826/jcisnu.v3i1.1314
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Jurnal Cendikia ISNU SU is a scholarly platform dedicated to advancing research and critical discussions in the field of law. The journal embraces a wide range of topics that reflect the dynamic development of legal studies, both in national and international contexts. The scope of the journal includes, but is not limited to, the following areas: Criminal Law, Civil Law, and Constitutional Law: Contemporary analysis, interpretation, and application of positive law in addressing challenges within the justice system. Islamic and Sharia Law: Studies on the principles, application, and adaptation of Islamic law in modern contexts, including Islamic banking, family law, inheritance, and related issues. Legal Integration: Exploration of the interaction and harmonization between secular law and Islamic law, particularly within pluralistic legal frameworks. Comparative Legal Studies: Cross-jurisdictional analysis of Islamic law and other legal systems to identify similarities, differences, and their implications for legal practice and policy-making. Case Studies and Legal Practices: In-depth examination of landmark and contemporary legal cases to highlight the practical implementation, enforcement, and interpretation of law in real-life situations. The journal welcomes contributions in the form of theoretical explorations, empirical research, and critical reviews of significant legal issues. By encouraging both disciplinary and interdisciplinary approaches, the journal seeks to promote innovative perspectives that enrich academic discourse, strengthen legal theory and practice, and contribute to the development of law as a foundation of justice and social order.
Arjuna Subject : Umum - Umum
Articles 116 Documents
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Consent of Girls in Marriage (A Comparative Study Between Imam Shafi'i and Imam Ibn Qayyim al-Jawziyyah) Arifin Siahaan; Fandi Wahidi
Jurnal Cendikia ISNU SU Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.954

Abstract

There is a difference of opinion between madhhab Shafi'I and Imam ibn qoyyim al-jauzy regarding the law of a guardian asking for his daughter's consent to marry, even though the position of the bride's consent is in place. This research is a literature study using the comparative analysis method. The results of this study show that the most relevant opinion for the Indonesian context is the opinion of Imam Ibn Qayyim al-jauzy.  In the applicable legislation in Indonesia, namely in the law on marriage No. 1/1974 (ps. 6 paragraph (1) jo. ps. 16 paragraph (1) ) KHI stipulates that one of the conditions for marriage is the consent of the prospective bride. This indicates that the applicable legislation in Indonesia is in accordance with the opinion of Ibn Qayyim al-Jawziyyah. In positive law in Indonesia, it is very important and is an absolute requirement for the validity of a marriage. Existing laws and regulations ensure that marriage can only be performed with the free consent of both prospective brides, especially the bride, as part of efforts to protect human rights and ensure justice in the execution of marriage.  
Implementation of Divorce Lawsuit in Religious Court Reviewed from Madhhab Shafi'i (Study of the Decision of the Binjai Religious Court No. 258/Pdt.G/2016/P.A.Bji.) Hasan Munthe; Azzahrawani Syakira
Jurnal Cendikia ISNU SU Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.955

Abstract

Khulu' is a way out provided by religion for women to break free from the bonds of marriage in exchange for the payment of ransom to their husbands. In fiqh literature, divorce lawsuits without iwadh are not known, while in laws and regulations there is the concept of a divorce lawsuit without ransom. This research is a juridical normative research. The results of this study show that there is a difference in the concept of divorce lawsuits between the Shafi'i school and the Binjai Religious Court Decision due to a difference in concept. In the Shafi'i mazahb it is stipulated that Talak is the absolute right of the husband and if the Talak is requested (sued) by the wife, then the wife is obliged to pay the ransom (iwadh) to the husband. Meanwhile, in the applicable laws and regulations in Indonesia, wives are given the right to divorce their husbands without having to provide iwadh.    
Waqf Dispute Resolution: A Juridical Review of Alternative Dispute Resolution Mechanisms Sri Azriani; Raihan Qodrian
Jurnal Cendikia ISNU SU Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.956

Abstract

This case study examines alternative dispute resolution related to waqf, a charitable practice that has significance in Islamic and social law. Waqf disputes often occur due to differences in interpretation of waqf agreements, non-transparent management of waqf assets, or changes in economic and social conditions. The settlement of waqf disputes requires an approach that is in accordance with the principles of Islamic law, as well as effective and fair in safeguarding the interests of all parties. This study uses a normative juridical method with a case study approach to examine the applicable legal provisions and their application in the practice of resolving waqf disputes. The results of the study show that alternative methods such as mediation and deliberation are preferred over litigation in resolving waqf disputes. This process is considered faster, cost-effective, and able to create a more peaceful settlement in accordance with Islamic values. In conclusion, alternative dispute resolution, especially mediation, offers a more responsive and harmonious mechanism in resolving waqf disputes. Therefore, it is recommended to strengthen the role of faith-based mediation institutions and raise awareness of the importance of peaceful dispute resolution in the context of waqf, in order to ensure sustainable and equitable waqf management.  
Ethics of Discussion and Debate in the Perspective of Constitutional Law Norms Renita Indriani Hasibuan; Fahrezi Zulnavar; Atthariq Zainadine
Jurnal Cendikia ISNU SU Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.957

Abstract

Discussion and debate are important instruments in the formation, testing, and development of legal norms. In legal practice, especially in the realm of constitutional and academic law, discourse not only functions as a means of exchanging ideas, but also as a mechanism for searching for rational and just truth. However, without a clear ethical foundation, discussion and debate have the potential to lose their constructive value and instead lead to normative and social conflicts. Therefore, the study of the ethics of discussion and debate from the perspective of legal norms is relevant and urgent. This research aims to analyze the concept, function, and urgency of ethical discussion and debate as part of legal norms, paying attention to the historical, academic, and ethical dimensions that develop in the legal tradition, including Islamic perspectives. The research method used is qualitative research with a descriptive-analytical approach, through literature studies of relevant legal literature, ethics, and Islamic thought. The results and discussions show that the ethics of discussion and debate are a manifestation of legal norms that function to maintain rationality, justice, and respect for differences of opinion. This ethics plays an important role in ensuring that legal discourse takes place in an argumentative, objective, and dignified manner. Thus, the application of the ethics of discussion and debate not only strengthens the quality of legal thought, but also supports the creation of a healthy and civilized legal culture.  
Legal Review of the Application of Administrative Sanctions in Tax Regulations in Indonesia Ahmad Vickry; Ash Shaff Rhohim; Muhammad Daffa Thariq; Munawati Ritonga; Nazwa Dwi Harika
Jurnal Cendikia ISNU SU Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.958

Abstract

Administrative sanctions in tax law are an important instrument in disciplining taxpayers and maintaining tax administrative order in Indonesia. This article aims to analyze juridically the legal basis, form, and effectiveness of the application of administrative sanctions in the national tax system. With a normative juridical approach, this study examines the provisions of laws and regulations, especially the Law on General Provisions and Tax Procedures (UU KUP) and its latest amendments through the Law on Harmonization of Tax Regulations (UU HPP). The results of the study show that the implementation of administrative sanctions has contributed to increasing taxpayer compliance, but it has also raised debates in terms of fairness and proportionality. Therefore, it is necessary to reformulate the tax law enforcement approach to be more fair and responsive to the context of the violations that occur.  
The Effectiveness of Tax Law Enforcement Against Tax Evasion Crimes in Indonesia Nurlaila Sari; Khairul Nisa Lubis; Shintya Batu Bara; Nurleli Suseno; Nurhalim Perdana
Jurnal Cendikia ISNU SU Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.959

Abstract

Tax law enforcement in Indonesia is an important effort to reduce tax evasion practices that are detrimental to the state. Although Indonesia has adequate regulations, its effectiveness is still hampered by various factors, such as limited human resources at the Directorate General of Taxes (DGT), complexity of tax regulations, and low levels of taxpayer compliance. The growing use of information technology provides opportunities to improve transparency and effectiveness of supervision, but challenges related to implementation and lack of understanding by some taxpayers are still obstacles. This study aims to analyze the effectiveness of tax law enforcement in reducing tax evasion as well as the factors that support and hinder tax law enforcement in Indonesia. The results show that despite progress, further reforms are still needed in the tax system, strengthening the capacity of DGT human resources, and increasing public tax awareness to achieve a more effective and fair tax system.
Annulment of Arbitral Awards as an Extraordinary Legal Remedy: Distortion or Protection of Justice Khairunnisa Siregar; Nadilah Andini; Suci Hidayati Malau; Raja Muda Pahlevi Siregar; Ahmad Yasin Dongoran
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1304

Abstract

This paper examines the annulment of arbitral awards within the Indonesian legal system as an extraordinary legal remedy that intersects with the principles of arbitral autonomy and final and binding effect. The background of the study is grounded in the growing reliance on arbitration as an efficient and autonomous mechanism for resolving commercial disputes, alongside emerging controversies arising from judicial intervention in annulment proceedings. This research employs a normative legal method, using statutory and conceptual approaches. The research stages include identifying legal issues, collecting and classifying relevant legal materials, conducting normative analysis, and drawing deductive conclusions. The results and discussion demonstrate that Law Number 30 of 1999 strictly limits annulment to procedural defects of a fundamental nature, such as document forgery, decisive new evidence, or fraud, and does not permit substantive review of arbitral awards. However, judicial practice reveals interpretative inconsistencies that risk distorting arbitral finality. The study concludes that annulment should function as a procedural safeguard to protect justice without undermining the essence of arbitration.
The Urgency of Arbitration in Resolving Investment Disputes in Indonesia Imamuddin; Vressilia Witama; M. Rangga Syahputra Saragih; Rayhan Nandini Telaumbanua
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1305

Abstract

Investment plays a strategic role in driving economic growth but is prone to disputes arising from contractual differences, breaches, or regulatory shifts. In Indonesia, conventional court litigation often proves lengthy, costly, and lacks confidentiality, prompting the need for effective alternative dispute resolution. This paper employs a normative legal research method, analyzing primary sources such as Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution, Law Number 25 of 2007 on Investment, and the 1958 New York Convention, alongside secondary literature. The study examines the position, urgency, legal framework, and enforcement of arbitration in investment disputes. Findings indicate that arbitration provides a legally recognized, final, and binding mechanism that ensures efficiency, neutrality, and confidentiality, thereby fostering investor confidence. Despite certain procedural and practical challenges, the integration of arbitration with judicial oversight maintains its effectiveness. The paper concludes that strengthening Indonesia’s arbitration system and harmonizing it with international norms is vital for promoting a stable and competitive investment climate.
Corporations Before Arbitral Awards: Between Contractual Autonomy and State Intervention Ahmad Nizar Mohammad Syamwil; Nur Hafizah Husna; Siti Kholizah; Irpan Mauliandi Damanik; Rahmad Fauzi Hasibuan
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1306

Abstract

The increasing complexity of corporate business activities has intensified the potential for commercial disputes, thereby necessitating effective, efficient, and legally certain dispute resolution mechanisms. Arbitration has emerged as a preferred alternative for corporations due to its flexibility, confidentiality, and reliance on contractual autonomy. This study examines the legal status of corporations as subjects of law in arbitration, the scope of contractual autonomy in determining arbitral mechanisms, and the limits of state intervention through courts in Indonesia. Employing a normative legal research method with statutory and conceptual approaches, the research analyzes Law Number 30 of 1999 and relevant legal doctrines through systematic stages of issue identification, legal material collection, normative analysis, and conclusion formulation. The findings indicate that corporations possess full legal capacity to bind themselves to arbitration agreements and are obligated to comply with final and binding arbitral awards. Judicial intervention is strictly limited to procedural aspects of recognition, enforcement, and annulment, thereby preserving arbitral finality while ensuring legal certainty.
The Legal Force of Arbitral Awards in the Indonesian Judicial System Abdul Hakim; Dinda Ayu Arini Chaniago; Yara Shita; Wenni Nahdiani Tanjung
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1307

Abstract

Arbitration in Indonesia serves as a strategic alternative dispute resolution mechanism, legally grounded in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This study examines the position, legal force, and practical implications of arbitral awards within the national judicial system. Employing a normative juridical method combined with a descriptive qualitative approach, the research analyzes legislation, arbitral awards, court decisions, and relevant literature. Data collection involved literature review, secondary data on national and international awards, and juridical analysis of court supervision and enforcement practices. The findings indicate that arbitral awards are final and binding, while courts retain limited oversight for annulment or enforcement, ensuring legal certainty and justice. The study also highlights the strategic role of arbitration in supporting business operations, enhancing investor confidence, and promoting efficient dispute resolution. Ultimately, arbitral awards contribute to a credible, neutral, and effective legal framework, fostering a favorable investment climate and strengthening Indonesia’s competitiveness in the global economy.

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