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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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Riddah (apostasy) efforts in performing interfaith marriages Afriansyah; 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.v3i1.1319

Abstract

The phenomenon of riddah or apostasy in the context of interfaith marriage in Indonesia poses significant legal and social complexity. A person's actions to leave religion to marry a follower of another religion raises questions related to the legality of marriage, the status of children, and social implications. Indonesia as a legal country upholds freedom of religion, but Law No. 1 of 1974 concerning Marriage requires religious conformity for couples, so the practice of riddah presents a tension between individual rights and religious norms. This study aims to analyze the efforts of riddah in interfaith marriage normatively, assess the legal, social, and moral consequences, and evaluate the harmonization between national law and fiqh principles. The research focus includes an analysis of the legal status of marriage, children's rights, and social implications for individuals and society. This research also provides normative guidance for law officials, religious leaders, and the community in handling cases of interfaith marriage that trigger riddah. The method used is normative with a descriptive qualitative approach. The analysis was carried out through the study of Islamic legal doctrines, laws and regulations, fatwas of the Indonesian Ulema Council, as well as legal and social literature related to interfaith marriage and apostasy. This approach allows the identification of legal dualism between the absolute norms of Islamic law and positive legal procedures, while assessing the social and moral implications of the phenomenon. The results of the analysis show that riddah for the sake of interfaith marriage causes legal uncertainty and potential for social conflict. Islamic law emphasizes the validity of faith as a valid condition for marriage, while national law requires religious suitability. The normative approach emphasizes the importance of harmonization between positive law, fiqh, and social norms to create legal certainty, moral protection, and social stability. The integration of norms is the main instrument in managing conflicts, guaranteeing individual rights, and maintaining justice in a pluralistic society.
Sirqah In The Concept Of Islamic Criminal Law: Theft That Is Not Restricted (Hudud Sanctions) Suhardiman; 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.v3i1.1320

Abstract

Theft is one of the criminal acts that receives special attention in Islamic criminal law. This act is categorized as sirqah and has hudud sanctions if it meets certain requirements, such as the minimum amount of property, legal evidence, and the condition of the perpetrator who is mature and sane in his mind. The phenomenon of theft that does not meet hudud requirements creates complexity in law enforcement, because it still harms the victim but cannot be subject to a fixed punishment. This study highlights the relevance of the ta'zir mechanism as a flexible and humanistic alternative sanction, as well as the role of Islamic legal norms in balancing legal certainty, social justice, and rehabilitation of perpetrators. This study aims to analyze the concept of sirqah in Islamic criminal law, evaluate the application of hudud and ta'zir sanctions, and examine the relevance of Islamic legal norms in the context of unrestricted theft. The normative approach is used by examining primary legal sources such as the Qur'an, Hadith, and fiqh books, as well as secondary literature in the form of journals, books, and academic documents. The analysis was carried out qualitative-descriptive to understand the legal mechanism, the principles of maqashid al-shari'ah, and the flexibility of ta'zir sanctions. The results of the study show that non-hudud theft is still regulated through ta'zir sanctions that are adjusted to the intention, condition of the perpetrator, and social impact. Islamic legal norms emphasize the protection of victims' rights, the certainty of court procedures, and the rehabilitative effect for perpetrators. Ta'zir is an adaptive instrument to uphold justice, educate the community, and prevent the repetition of criminal acts. This approach shows that Islamic criminal law is not only repressive, but also humanistic, preventive, and restorative. The conclusion of this study confirms that Islamic criminal law is able to balance legal certainty, social justice, and rehabilitation goals in dealing with non-hudud theft. The normative and procedural application of ta'zir ensures the protection of victims' rights while providing educational and moral opportunities for perpetrators, so that the law remains relevant and adaptive to modern socio-economic dynamics.
Extra-Judicial Killing in the Perspective of Islamic Criminal Law Said Reza Pahlevi; 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.v3i1.1321

Abstract

Extra-judicial killing or extrajudicial killings outside legal procedures has become a phenomenon that causes controversy in the realm of law, ethics, and human rights because these actions are carried out without a legitimate judicial mechanism. This practice raises a dilemma between the interests of public security and the protection of individual rights. This study aims to analyze the legitimacy, social and moral impact, and comparison of Islamic criminal law norms with contemporary practices related to extra-judicial killing. The research uses a normative or normative juridical approach by analyzing primary sources in the form of the Qur'an, Hadith, classical fiqh, and the principles of maqashid al-sharia, as well as secondary sources in the form of academic literature, journals, and national regulations related to the taking of life and law enforcement. The analysis was carried out descriptively-analytically and comparatively to assess the suitability of empirical practices with sharia norms. The results of the study show that Islamic criminal law places human life as a fundamental right that can only be taken through formal procedures such as qisas and diyat with court supervision, so that unilateral actions by the authorities have no legal legitimacy and give rise to moral and spiritual responsibilities. The social impact of this practice includes psychological trauma of victims and families, public distrust of the authorities, social instability, and the potential for the emergence of a culture of violence. A comparison of Islamic legal norms with contemporary practices highlights the tension between public security and the principle of justice, where sharia norms emphasize accountability, transparency, and protection of individual rights. In conclusion, fair and ethical legal procedures in accordance with the principles of maqashid al-sharia are important instruments to prevent extra-judicial killings, maintain social stability, and strengthen the legitimacy and morality of law enforcement officials.
Comparative Review of Jarimah Khalwat and Ikhtilath: An Analysis of Uqubat in Qanun No. 4 of 2014 and the Indonesian Criminal Code Muniruddin Ritonga; 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.v3i1.1322

Abstract

The regulation of jarimah khalwat and ikhtilath is part of Islamic criminal law efforts in maintaining the morality and honor of the community. Both acts are seen as acts that pave the way to more serious moral violations that require preventive legal arrangements. The existence of Qanun No. 4 of 2014 concerning Jinayat in Aceh presents a model of formalization of Islamic criminal law in the plural Indonesian national legal system, while the Criminal Code regulates morality in general without explicitly recognizing the concepts of khalwat and ikhtilath. This study aims to analyze comparatively the regulation and uqubat jarimah khalwat and ikhtilath in Qanun Jinayat and compare it with the regulation of morality in the Indonesian Criminal Code. The research method used is normative legal research with a statutory and conceptual approach, using primary legal materials in the form of Qanun No. 4 of 2014 concerning Jinayat and the Criminal Code, as well as secondary legal materials in the form of Islamic criminal law literature and national criminal law. The results of the discussion show that Islamic criminal law places khalwat and ikhtilath as jarimah ta'zir which is oriented towards the prevention and moral protection of the community, while Qanun Jinayat formulates both acts expressly with proportional and flexible uqubat. The Criminal Code has a different approach by emphasizing concrete consequences and the protection of individual freedoms. This paradigm difference reflects the pluralism of criminal law in Indonesia and emphasizes that Qanun Jinayat functions as a lex specialis that lives in the social and religious context of the Acehnese people, so harmonization with the Criminal Code needs to be carried out through the recognition of regional specificity and a dialogue of fair values.
The Dualism of the Arrangement of Jarimah Khamar and Maisir: A Comparison of Uqubat and Witnesses between Qanun Jinayat Aceh and the Criminal Code in 2023 Romel Tarigan; 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.v3i1.1323

Abstract

The dualism of the regulation of jarimah khamar and maisir in Indonesia is a consequence of the recognition of legal pluralism in the national legal system. Qanun Jinayat Aceh as a criminal law based on Islamic sharia coexists with the 2023 Criminal Code as a national criminal law. These fundamental philosophical and normative differences cause differences in the formulation of delik, the type of uqubat, as well as the system of proof and witnesses, which has the potential to give rise to legal uncertainty and differences in legal treatment of legal subjects. This study aims to analyze and compare the arrangement of jarimah khamar and maisir between the Qanun Jinayat Aceh and the 2023 Criminal Code, focusing on the difference in uqubat and witness provisions. This study also aims to examine the normative implications of the regulatory dualism in the context of the national criminal law system. The research method used is normative legal research with legislative, conceptual, and comparative legal approaches. Legal materials consist of primary legal materials in the form of related laws and regulations, as well as secondary legal materials in the form of literature, scientific journals, and the doctrine of criminal law and fiqh jinayah. The analysis is carried out qualitatively through systematic and teleological interpretation. The results of the discussion show that Qanun Jinayat Aceh views khamar and maisir as jarimah that threaten the moral and religious order of society, so that uqubat is formulated in the form of ta'zir sanctions that are symbolic and preventive, with a proof system influenced by the principles of fiqh jinayah. The 2023 Criminal Code regulates similar acts within the framework of modern criminal law that focuses on public order and legal certainty, with criminal sanctions of imprisonment and fines as well as a national evidentiary system. This study concludes that the dualism of regulation reflects the challenge of harmonizing national criminal law in a pluralistic legal state, so that legal policies are needed that are able to bridge religious values, legal certainty, and human rights protection proportionately.
Criminal Acts of Persecution in the Perspective of Islamic Criminal Law and the Criminal Code: A Comparative Analysis of Concepts and Sanctions Fery Dianta Ginting; 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.v3i1.1324

Abstract

The crime of persecution is a crime against the human body that has a direct impact on the protection of human rights, a sense of justice, and social order, so that its regulation is an important issue in criminal law. Differences in the applicable legal system affect how an act is qualified as persecution and how criminal sanctions are imposed on the perpetrator. This paper aims to analyze comparatively the concept of the criminal act of persecution and its sanctions from the perspective of Islamic Criminal Law and the Criminal Code, as well as assess the relevance of the normative values contained in it for the development of national criminal law. This study uses normative legal research methods with legislative, conceptual, and comparative approaches. The legal materials used include laws and regulations, sources of Islamic law, as well as relevant legal doctrines and literature, which are analyzed qualitatively by prescriptive-analytical methods. The results of the discussion show that the Criminal Code views persecution as a violation of public order and the legal interests of the state with the imposition of criminal sanctions that are repressive and state-centric, so that the role of victims in the criminal process is relatively limited. Islamic Criminal Law views persecution as a jinayah against the human body that emphasizes the principles of balance, proportionality, and protection of the rights of victims through the concepts of qishash and diyat, as well as opening up space for forgiveness and the restoration of social relations. The conclusion of this study confirms that the comparison of the two legal systems shows a significant difference in the criminal paradigm, where the values of substantive justice and restorative orientation in Islamic Criminal Law have important relevance to be used as a normative reference in the reform of national criminal law, especially in the regulation of criminal acts of persecution that are more just and humane.

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