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INDONESIA
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 84 Documents
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Transformation of Labor Law in the Modern Era: Balancing the Protection of Workers' Rights and Certainty of Obligations in Industrial Relations M Nabil Alifah; Andre Kurniawan; Alfa Cygni; Muhammad sobri
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.254

Abstract

Digital transformation has changed the character of industrial relations through the development of flexible work systems, the digitization of work processes, and the emergence of new labor relations models that demand adjustments to labor laws. These changes pose a challenge in maintaining a balance between the protection of workers' rights and the certainty of the obligations of the parties amid the need to increase productivity and competitiveness in the business world. This research aims to analyze the transformation of labor law in the modern era and examine the extent to which legal arrangements in Indonesia are able to realize a balance between workers' rights and obligations in industrial relations. The research uses a normative juridical method with a legislative approach and a conceptual approach. Primary, secondary, and tertiary legal materials were obtained through literature studies, then analyzed qualitatively using prescriptive analysis methods. The results of the study show that technological developments have shifted the paradigm of employment relations from the conventional system to a more flexible and digital-based employment relationship, thus affecting the implementation of the rights and obligations of workers and employers. Although Law Number 6 of 2023 has accommodated some of these changes, regulations regarding flexible work systems, digital platform-based workers (gig economy), and protection for workers outside working hours still need to be strengthened in order to be able to provide legal certainty. Thus, the effectiveness of labor law in the modern era depends on its ability to build a balance between the protection of workers' rights, the certainty of the obligations of the parties, and the needs of the business world in dealing with the dynamics of digital transformation.
The Application Of Legal Sociology Approach In Diversion Policy And The Role Of The Community Based On Law No. 11 Of 2012 Concerning The Juvenile Criminal Justice System (SPPA Law) Hendra Busriani
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.257

Abstract

This study discusses the application of the legal sociology approach in diversion policy and the role of the community based on Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law), as well as the challenges in its implementation. The SPPA Law is designed as a legal umbrella to handle children's cases with an approach oriented towards rehabilitation and restorative justice, rather than mere punishment. The diversion policy regulated in Article 7 of the SPPA Law aims to resolve juvenile criminal cases outside the court through a deliberation mechanism, involving the victim, the perpetrator, the family, and the community. Community participation is key in the process of reintegrating children into their social environment, thereby reducing the impact of negative stigma and encouraging holistic child recovery. However, the implementation of this policy still faces various challenges, such as the lack of understanding of law enforcement officials about restorative justice, the limited number of special child coaching facilities, and the community's attitude that is often still repressive towards children who commit criminal acts. This study uses a sociological juridical approach with normative-empirical methods to examine the gap between the rules in the SPPA Law and practice in the field. The results of this study are expected to provide insight into the importance of synergy between law enforcement and the community in creating an effective, humane, and rehabilitation-oriented juvenile criminal justice system, so that children who are in contact with the law can obtain adequate protection and opportunities to contribute positively to society.
Synergy of Law and Education in the Protection of Contract Workers in Indonesia Arifuddin Muda Harahap; Safinatul Hasanah Harahap; Zulpahmi Lubis
Jurnal Cendikia ISNU SU Vol. 1 No. 1 (2024): Vol 1. No 1 Mei 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i1.795

Abstract

This study discusses the synergy between law and education in providing protection for contract workers in Indonesia. Contract workers are one of the labor groups that often face problems related to legal status, job uncertainty, and limitations in obtaining normative rights as stipulated in labor regulations. Although Law Number 13 of 2003 on Manpower and its derivative regulations have provided a legal framework, implementation in the field often shows that there are loopholes that weaken the position of contract workers. Therefore, an interdisciplinary approach is needed that integrates the legal and educational dimensions to provide more comprehensive protection. The research method used is normative legal research with a qualitative approach, through an examination of laws and regulations, doctrines, and labor practices, and enriched with educational studies that emphasize the importance of legal literacy for workers. The results of the study show that legal protection for contract workers has not been fully effective due to weak supervision, low understanding of workers about their rights, and the practice of contract abuse by employers. In this context, education plays an important role as an important instrument to increase the legal awareness of contract workers, both through formal and non-formal education, as well as legal and employment skills-based training. The conclusion of this study confirms that legal and educational synergy is a relevant strategy to strengthen the protection of contract workers. The law provides a binding normative framework, while education forms the awareness and empowerment of workers in demanding their rights. Thus, the combination of the two is expected to be able to realize social justice and improve the welfare of contract workers in Indonesia.  
The Death Penalty for Corruptors in Indonesia: Perspectives of Islamic Law and Positive Law: Opportunities and Challenges Intan Nur Hidayah; Putri Majidah; Amelya Widyanti; Mekha Br. Sitepu; Naufal Rafi Shiddiq
Jurnal Cendikia ISNU SU Vol. 1 No. 3 (2024): Vol 1. No 3 Des 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.831

Abstract

This study examines the discourse on the death penalty for perpetrators of corruption in Indonesia from the perspective of Islamic law and positive law. In Islamic law, serious corruption can be categorized as a fasād fī al-ardḍ which allows for the imposition of the death penalty. Meanwhile, in Indonesian positive law, Article 2 paragraph (2) of the Corruption Eradication Law opens up normative space for the application of the death penalty in certain circumstances. This study also examines the opportunities and challenges of implementing this policy amidst pressure from human rights, political, and judicial systems. The results of the study indicate that normatively and sociologically, the death penalty is worthy of consideration in cases of serious corruption, although its implementation requires caution and legal reform.
Understanding Tax Law, Taxes, Tax History, Tax Functions and Tax Type Classification Ryan Fahri Rangkuti; Taufik Hidayat Batubara; Ahmad Asri Nasution; Darmawan Setia; Ikhwan Hakim
Jurnal Cendikia ISNU SU Vol. 1 No. 3 (2024): Vol 1. No 3 Des 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.832

Abstract

The branch of public law known as tax law regulates the relationship between the state as tax collector and the public as taxpayers. The purpose of this study is to provide a comprehensive explanation of the definition, fundamentals, history, function, and classification of taxes. Tax law is divided into formal tax law, which regulates how taxes are collected, and material tax law, which regulates the types of tax obligations. According to experts such as Rochmat Soemitro, R. Santoso Brotodihardjo, and PJA Adriani, taxes are mandatory contributions to the state to finance general expenditures for the welfare of the people, without direct compensation. Taxes have existed since prehistoric times and have developed in complexity in the modern era as a result of the industrial revolution 4.0 and the digitalization of the tax system. Indonesian taxes have undergone many changes from the era of kingdoms and colonialism to the tax reforms implemented in 1983. Taxes serve a budgetary function, which functions to regulate the economy, stabilize prices, and redistribute income. One can categorize taxes based on their characteristics, objectives, and collecting institutions. It is hoped that this study will provide a conceptual basis for improving the tax law system and increasing awareness of taxpayer law.
Application of Criminal Sanctions to Murder Cases According to Islamic Criminal Law Ilham Maulana; Ferdi Reynaldi; Deni Afriansyah; M. Ramzy Fernanda; Zaid Alfauza Marpaung
Jurnal Cendikia ISNU SU Vol. 1 No. 3 (2024): Vol 1. No 3 Des 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.833

Abstract

The application of criminal sanctions in murder cases according to Islamic criminal law is a form of justice that balances the rights of the victim, the perpetrator, and the community. Islamic criminal law divides murder into three main categories: intentional murder (qatl 'amd), semi-intentional murder (qatl syibh 'amd), and unintentional murder (qatl khath'). Each type of murder has different legal consequences, with the main sanctions being qiyhas (retribution) for intentional murder, and diyat (financial compensation) and kaffarah (atonement) for semi-intentional and unintentional murder. This article aims to analyze the application of criminal sanctions in various murder cases from an Islamic legal perspective, and to explore the principles of justice, forgiveness, and the opportunity for peaceful resolution accommodated by the diyat mechanism. This study then compares sanctions in Islamic criminal law with those in modern criminal law systems, highlighting the uniqueness of the Islamic approach that prioritizes the balance between punishment and forgiveness. In conclusion, Islamic criminal law offers a flexible yet firm model of law enforcement, where justice does not only involve revenge, but also provides opportunities for reconciliation and peace.
The Impact of Trade Secrets on Innovation and Product Development in the Technology Industry Topan Ahmad Anhari Harahap; Nazwa Fitriana; Cita Suci; Ilham Maylandi Damanik; M. Faiz Almaisi; Meldyana Permata
Jurnal Cendikia ISNU SU Vol. 1 No. 3 (2024): Vol 1. No 3 Des 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.834

Abstract

Trade secrets are information in the technology and/or business sectors that is not publicly known, has economic value, and is kept confidential by its owner. In the technology industry, trade secrets play a crucial role in driving innovation and product development. Protecting strategic information such as formulas, designs, algorithms, and production methods enables companies to maintain a competitive advantage amidst increasingly dynamic market competition. This study highlights the impact of trade secret protection on the sustainability of innovation and product development processes, while also emphasizing the importance of effective legal mechanisms to safeguard high-value information to drive sustainable growth in the technology industry.
Legal Aspects of Business Contracts with the Threat of Punishment: Perspectives on the Protection of the Injured Party and Fairness of the Contract Ibnu Juda Sembiring; Fauzan Hafizh; Wan Adrah Modana Barus; Mulia Aqsa Muhairir; Dollynoor Ilman
Jurnal Cendikia ISNU SU Vol. 1 No. 3 (2024): Vol 1. No 3 Des 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.835

Abstract

Business contracts are important legal instruments regulated by the Civil Code, particularly those related to agreements between parties in business activities. This study discusses various important aspects of business contracts, including the main components, forms of legal protection, the advantages and disadvantages of legality, elements of agreements, and the concept of force majeure. Based on Article 1320 of the Civil Code, a business contract must meet four valid requirements: agreement, capacity, a certain thing, and a lawful cause. Legal protection in business contracts is divided into two forms: preventive and repressive. Although the legality of business contracts provides various benefits such as legal certainty and protection for the parties, there are also several limitations such as costs, time, and unforeseen risks. In the context of force majeure, this condition can be a forgiving reason for debtors who cannot fulfill their obligations due to circumstances beyond their control. A thorough understanding of these aspects is important to create safe and sustainable business relationships within the applicable legal framework.
Prevention and Annulment of Marriage According to the Civil Code and Law No. 1 of 1974 Ali Ansori; Fahriani Tanjung; Mia Kresni Indah Sari; Sulistia Putri; Varissa Rikaz Putri
Jurnal Cendikia ISNU SU Vol. 2 No. 1 (2025): Mei : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.836

Abstract

This study examines the prevention and annulment of marriages according to the Civil Code (KUHPerdata BW) and Law No. 1 of 1974 concerning Marriage in Indonesia. The background of this study is the importance of understanding the legal basis governing the validity of marriages to maintain social order and protect individual rights. The differences between these two legal systems create complexity in their application in society, particularly regarding the reasons underlying the prevention and annulment of marriages. The study aims to analyze the comparative legal regulations between the Civil Code (KUHPerdata BW), which has colonial nuances, and Law No. 1 of 1974, which is based on national legal principles. This study is useful for the development of legal science, especially in understanding the implementation of marriage law that is relevant to the context of Indonesian society. The method used is library research by reviewing legal literature, laws and regulations, and related documents. Case studies are used to strengthen the analysis, by highlighting legal cases that reflect the challenges of implementing these rules in the field. The results of this study are expected to contribute to the development of marriage law policies that are more inclusive, harmonious, and in accordance with the needs of society and current developments.
Contract Termination from a Civil Law Perspective: A Review of Mechanisms, Types, and Legal Implications Alfi Syahrin Niza Raja Rambe; Fauzan Lubis; Muhammad Mikail Harahap; Khairunnisa Siregar
Jurnal Cendikia ISNU SU Vol. 1 No. 3 (2024): Vol 1. No 3 Des 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.837

Abstract

This study examines the deposit agreement in two legal systems applicable in Indonesia, namely the Civil Code (KUHPerdata) and the Compilation of Sharia Economic Law (KHES). The deposit agreement is a form of trust between the owner of the goods and the recipient of the deposit that has legal consequences. This study uses a normative juridical method with a comparative legal approach to analyze the similarities and differences in the provisions of the deposit in both legal systems. The results show that the Civil Code regulates the deposit of goods in Book III Chapter XI Articles 1694-1739, while the KHES regulates it in Chapter XIV concerning Wadi'ah. Both systems have similarities in terms of the obligation of the recipient of the deposit to maintain and return the goods in their original condition, but there are fundamental differences in the aspect of providing compensation and the responsibilities of the recipient of the deposit. The Civil Code allows for deposit with payment, while the KHES regulates wadi'ah as a tabarru' contract that is mutual in nature. This study contributes to a comprehensive understanding of the legal dualism of deposit in Indonesia that can be used as a reference in business practices and dispute resolution.

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