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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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Confidentiality In The Arbitration Process And Its Implications For Legal Transparency Fitria Mukhtar Siregar; M. Abdillah; Suci Hidayati Malau; Raja Muda Pahlevi Siregar
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.v3i1.1308

Abstract

This paper examines the application of the confidentiality principle in arbitration and its implications for legal transparency. Arbitration, as an alternative dispute resolution mechanism, emphasizes efficiency, procedural flexibility, and the protection of parties’ interests, with confidentiality serving to safeguard sensitive information, trade secrets, and corporate strategies. Using a qualitative descriptive-analytical approach, data were collected through literature studies, including legislation, arbitration rules, awards, and academic sources. The research was conducted systematically in several stages: identification of issues, collection of secondary data, qualitative analysis through thematic coding, and formulation of conclusions and recommendations. The findings indicate that while confidentiality ensures secure dispute resolution and protects business interests, it can hinder transparency, limit public access to legal information, and create uncertainty for third parties. Legal mechanisms, such as judicial oversight and anonymized award publications, alongside digital security measures, are essential to balance confidentiality and transparency. These approaches contribute to the development of consistent, accountable, and modern arbitration practices.
Trends In Cross Border Arbitration: Legal Challenges And Implementation In Indonesia Annisa Putri Sinaga; Annisa Putri Andini Tanjung; Siti Salmiah Dalimunthe; Rahman Al Fauzi Siregar
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.v3i1.1309

Abstract

This paper examines the trends, legal challenges, and effectiveness of cross-border arbitration in Indonesia within the context of contemporary international trade and investment. The rapid growth of global commerce necessitates reliable dispute resolution mechanisms, positioning international arbitration as a preferred alternative due to its neutrality, procedural flexibility, and enforceability under instruments such as the 1958 New York Convention. Using a normative juridical approach, this study analyzes primary and secondary legal sources, including statutory regulations, scholarly literature, and arbitral decisions, through systematic stages of data collection, analysis, and synthesis. The findings reveal that while Indonesia possesses a solid legal framework for arbitration, practical challenges persist, including inconsistent judicial interpretations, limited institutional capacity, high procedural costs, and deficiencies in arbitration clause drafting. These factors affect the effectiveness and credibility of international arbitration. The study concludes with recommendations for harmonizing domestic law with international standards, enhancing institutional capacity, and promoting empirical research to strengthen Indonesia’s role as a competitive forum for cross-border dispute resolution.
The Challenges and Opportunities of Arbitration in the Digital Era: Legal Perspectives and Online Dispute Resolution Practices Irham Mahromy Munthe; Maria Arfah Nasution; Ahmad Yasin Dongoran; Usamah Zaki
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.v3i1.1311

Abstract

This study examines the challenges and opportunities of arbitration in the digital era, focusing on the legal and practical perspectives of online dispute resolution in Indonesia. The research is motivated by the rapid development of information technology, which has transformed dispute resolution mechanisms through digital platforms, particularly in e-commerce transactions and cross-border contracts. This study employs a normative legal approach or doctrinal research, analyzing legislation, legal theory, academic literature, and jurisprudence related to digital arbitration. The research stages include problem identification, literature review, collection of primary and secondary data, and qualitative analysis to evaluate the challenges and benefits of digital arbitration. The findings indicate that while national regulations do not explicitly govern online arbitration, they provide a legal foundation through principles of party consent, arbitrator independence, and award recognition. Moreover, digital arbitration offers cost and time efficiency, procedural flexibility, broader access, and technological innovations, provided that fairness, confidentiality, and legal certainty are ensured through secure platforms and competent arbitrators.
Investor Protection Through Arbitration: The Urgency of Alternative Mechanism in Resolving Investment Disputes in Indonesia Ikhsan Sahriyan; M. Fazli Pratama; Rahman Al Fauzi Siregar; Siti Salmiah Dalimunthe; Usamah Zaki
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.v3i1.1312

Abstract

This study examines the strategic role of arbitration as a mechanism for resolving investment disputes in Indonesia. Investment plays a vital role in national economic development, yet it inherently carries the potential for conflicts between investors, business partners, and the government. Conventional litigation often proves lengthy, costly, and insufficiently confidential, prompting a demand for alternative dispute resolution. This research employs normative legal methods (doctrinal research), using statute and conceptual approaches to analyze relevant legislation, including Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution and Law No. 25 of 2007 on Investment, as well as arbitral awards and scholarly literature. The study systematically identifies legal issues, collects and classifies legal materials, and applies qualitative analysis through grammatical, systematic, and teleological interpretation. Findings indicate that arbitration provides legal certainty, procedural flexibility, neutrality, and enforceable outcomes, strengthened by Indonesia’s ratification of the 1958 New York Convention. Despite legal and practical challenges, arbitration effectively protects investor rights, supports a conducive investment climate, and enhances Indonesia’s economic competitiveness. Recommendations include strengthening institutions, human resources, and future research aligned with digital and cross-border investments.
Corruption in the Perspective of Islamic Criminal Law and Indonesian Criminal Law Reform Yoyok Adi Syahputra; Mhd Yadi Harahap
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.v3i1.1313

Abstract

Corruption is a multidimensional problem that not only harms the state's finances, but also damages the moral, social, and justice order of society. In an Islamic perspective, corruption is seen as a despicable act that is contrary to the principles of trust and justice, although the term corruption is not found explicitly in classical jurisprudence literature. The Qur'an and Sunnah have substantively regulated the prohibition of acts that have a corrupt character through the concepts of ghulul, thioniah, risywah, ghasab, and unlawful possession-eating. This condition requires the formulation of anti-corruption fiqh that is contextual and relevant to modern legal challenges. This research aims to analyze the concept of corruption from the perspective of Islamic criminal law and formulate anti-corruption jurisprudence with the approach of maqāṣid al-syarī'ah, as well as examine its relevance to the Indonesian criminal law system. The research method used is normative legal research with a conceptual, philosophical, and legislative approach, through the study of the Qur'an, Sunnah, fiqh rules, classical and contemporary fiqh literature, as well as laws and regulations related to corruption. The results of the discussion show that corruption in Islamic criminal law is more appropriately qualified as jarīmah ta'zīr because it does not have explicit sanctions in nash, but it has a broad and systemic impact. The principles of maqāṣid al-syarī'ah place corruption as a serious violation of the protection of property and even human souls. Corruption eradication regulations in Indonesia's positive law are basically in line with the principle of ta'zīr as long as it is oriented towards the public good. This study concludes that the integration of anti-corruption fiqh values with national criminal law is a strategic step in realizing the rule of law that is just and based on moral and social values.
Hudud Adultery and Sexual Crimes: A Comparison of Qanun Jinayat and the National Criminal Code Danang Dermawan; Mhd Yadi Harahap
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.v3i1.1314

Abstract

The regulation of the crime of adultery in Indonesian law shows that there is a fundamental difference between Qanun Aceh Number 6 of 2014 concerning the Jinayat Law and Law Number 1 of 2023 concerning the Criminal Code. These differences are not only related to the formulation of delicacies, but also reflect the difference in legal paradigm between Islamic criminal law which emphasizes the protection of public morals and national criminal law which is oriented towards the protection of private rights and human rights. This condition raises juridical problems related to consistency, legal certainty, and limits of state authority in regulating the sexual behavior of citizens. This study aims to analyze and compare the conception of adultery, the nature of delicacy, the mechanism of proof, and the orientation of punishment in Qanun Jinayat and the National Criminal Code. This study uses normative legal research methods with legislative, conceptual, and comparative approaches. Legal materials are obtained through literature studies of laws and regulations, Islamic legal sources, and relevant legal literature, then analyzed qualitatively and prescriptively. The results of the discussion show that Qanun Jinayat views adultery as a hudud jarimah with theological and social dimensions, so that it can be processed without complaints and applies very strict evidentiary standards as a form of prudence. The National Criminal Code places adultery as an absolute complaint with a modern evidentiary system, which emphasizes the orientation to the protection of family privacy and honor. This study concludes that the difference in the regulation of adultery reflects the plurality of Indonesian criminal law and demands the harmonization of criminal law policies to be in harmony with religious values, human rights, and the principles of the modern state of law.
The Penal System in Islamic Law: The Concepts of Jarimah, Uqubat, and Taʿzir Arifin Siahaan; Mhd Yadi Harahap
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.v3i1.1315

Abstract

The penal system in Islamic law is an integral part of the sharia which aims to maintain social order, uphold justice, and protect human dignity. The concept of jarimah as a criminal act in Islamic law is not only understood as a violation of legal norms, but also as a violation of divine provisions derived from the Qur'an and Sunnah. Criminality in Islam is manifested through uqubat which is classified into hudud, qishash-diyat, and taʿzir, each of which has different characteristics, purposes, and legal basis. This research aims to analyze conceptually and normatively the penal system in Islamic law by focusing on the definition of jarimah, forms of uqubat, and the principles of criminal law that underlie it. The research method used is normative legal research with a conceptual, philosophical, and normative-shari'a approach, through the study of the Qur'an, Sunnah, the opinions of the jurists, and Islamic criminal law literature. The results of the discussion show that the penal system in Islamic law is built on the principles of justice, certainty, and benefit, which is reflected in the strict standard of proof of hudud, the proportional nature of qishash-diyat, and the flexibility of taʿzir in responding to social dynamics. The difference in the views of scholars in interpreting the postulates of criminalization confirms that Islamic criminal law has an adaptive character without losing its normative legitimacy. The conclusion of this study emphasizes that the penal system in Islamic law is a comprehensive legal system and oriented towards substantive justice, crime prevention, and protection of maqāṣid al-syarī'ah.
Qisas in the Crime of Murder: A Comparison of Islamic Criminal Law and the Criminal Code Kamaluddin Pane; Mhd Yadi Harahap
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.v3i1.1316

Abstract

The crime of murder is the most serious crime because it directly deprives people of the right to life, thus demanding a penal system that not only provides legal certainty, but also substantive justice. Islamic criminal law through the concepts of qisās and diyat offers a model of punishment that balances retributive justice, humanity, and welfare, by giving a central role to the victim's family. Meanwhile, the Indonesian Criminal Code, both in its old form and through Law No. 1 of 2023, places murder as a crime against the state with a penal approach that is increasingly shifting towards corrective and rehabilitative, especially through the provision of the conditional death penalty. This study aims to analyze and compare the concept of qisās in Islamic criminal law with the regulation of the crime of murder in the Indonesian Criminal Code in order to find common points and fundamental differences in the paradigm of justice adhered to. The research method used is normative legal research with legislative, conceptual, and comparative legal approaches, through literature studies on sources of Islamic law and positive law. The results of the discussion showed that Islamic criminal law emphasizes commensurate justice and the right to forgiveness of victims as a mechanism of social control, while the Criminal Code emphasizes the dominance of the state in criminalization with limited space for the role of the victim. In conclusion, this comparison shows that the values of justice in qisās have conceptual relevance to enrich the development of a national criminal law that is more just, humane, and responsive to the interests of victims without neglecting the principle of the rule of law.
Jarimah Qadzaf and Uqubatnya, Comparison Between Qonun No. 4 of 2014 concerning Jinayat and the Criminal Code Saifuddin AW; Mhd Yadi Harahap
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.v3i1.1317

Abstract

The phenomenon of accusations of adultery without real evidence and defamation raises serious problems in the moral, social, and legal order of society. In the perspective of Islamic law, this act is known as jarimah qadzaf, which not only damages the reputation of the individual but also interferes with social integrity and the principle of justice. The application of qadzaf in Indonesia shows that there is a fundamental difference between national law and the sharia qanun that applies in Aceh, thus creating challenges in legal harmonization. This study aims to analyze the concept of jarimah qadzaf and its uqubat, as well as compare its application between Qanun Aceh No. 4 of 2014 concerning Jinayat and the Criminal Code (KUHP). The research method used is normative research with a comparative law approach, based on the study of legal documents in the form of the Qur'an, Hadith, Qanun, and the Criminal Code, as well as relevant secondary legal literature. The analysis is carried out qualitatively to understand the substantive, philosophical, and procedural aspects of the existing regulations. The results of the study showed that Qanun Aceh placed qadzaf as a hudud crime with the sanction of eighty lashes, focusing on the protection of individual honor and preventive effects. While the Criminal Code places the accusation of adultery as a defamation complaint with imprisonment or fines, it emphasizes procedural certainty rather than moral and spiritual aspects. This difference reflects the different legal philosophies between the sharia approach and national positive law, but both have the goals of protecting the community and enforcing justice. In conclusion, a deep understanding of qadzaf and its comparison with the Criminal Code is important to integrate moral principles, ethics, and legal procedures, as well as ensure fair protection of individuals and social interests.
Settlement of Child Criminal Cases of Terrorism Criminals through Restorative Justice (Al-Isti'adah) in Islamic Criminal Law Muhammad Firman Akhsani; Mhd Yadi Harahap
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.v3i1.1318

Abstract

The case of a child perpetrator of a terrorism crime raises complex problems related to law enforcement and child protection. The social, psychological, and moral impact of acts of terrorism on victims and societies requires an approach that is not only repressive, but also educational and restorative. Islamic criminal law offers the principles of justice and rehabilitation through the concept of al-isti'adah, which emphasizes the restoration of wrongs, moral construction, and the restoration of social harmony. This study aims to analyze the settlement of child cases of terrorism perpetrators through al-isti'adah-based restorative justice in Islamic criminal law. The research also assesses the relevance of Islamic legal principles with national laws and regulations related to child protection and the eradication of terrorism crimes. The research method used is normative, with a literature study and document analysis approach. Data sources include the Quran, Hadith, Indonesian laws and regulations, ulema fatwas, legal literature, and relevant previous research. The analysis was carried out qualitatively using content analysis techniques, mapping norms, restorative justice principles, and the application of al-isti'adah in the context of children of perpetrators of terrorism crimes. The results of the study show that the al-isti'adah-based restorative justice approach allows the restoration of relationships between perpetrators, victims, and society, as well as providing moral and spiritual education for children. The involvement of families, communities, and law enforcement is a key factor in the success of rehabilitation. The integration of Islamic legal principles with the Child Protection Law and the Terrorism Eradication Law has resulted in a humane, proportionate, and effective law enforcement mechanism in preventing recidivism. In conclusion, the al-isti'adah-based restorative justice model provides comprehensive solutions for the resolution of child cases of terrorism perpetrators, prioritizing social recovery, moral education, and the reintegration of children into society.

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