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AT-TAFAHUM: Journal of Law
Published by Universitas Islam Negeri Sumatera Utara
ISSN : 25804707     EISSN : 25800159     DOI : 10.47006
Core Subject :
At-Tafahum: Journal of Law focuses on advancing legal scholarship through the integration of Islamic law and contemporary issues in the field of Administrative Law, within the framework of ASEAN legal studies and the broader global context. The journal prioritizes the publication of research that demonstrates novelty, academic significance, and relevance to emerging legal issues and developments.
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Articles 8 Documents
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Search results for , issue "vol 3, no 2 (2019)" : 8 Documents clear
Job Offers as A Mode of Human Trafficking Criminal Acts From the Perspectives of Positive Law and Islamic Law Dinda Suciana Rambe; Athaya Khalis Kafi
AT-TAFAHUM: Journal of Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v3i2.29089

Abstract

It's important to note that Indonesia is one of the largest suppliers of migrant workers in Asia. Migrant workers are recruited through various means, including both legal (official) and illegal (smuggling) methods. The recruitment of illegal migrant workers has always been linked to slavery, which is one of the forms of human trafficking. In fact, human trafficking crimes have many forms and variations, generally carried out to extort and oppress victims for profit. Although various fundamental prevention strategies have been formulated and implemented, the social reality is that various obstacles are encountered in preventing human trafficking through the placement of migrant workers. Therefore, cooperation and synergy between all individual sectors, law enforcement agencies, and the government are needed.
Legal Protection Model for Victims of Sexual Violence at Universities Case Study: UIN North Sumatra Farhan Fathur Rahman; Himmatul Khoiriyah
AT-TAFAHUM: Journal of Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v3i2.25184

Abstract

In Indonesia, sexual violence is nothing new. It occurs not only in the workplace, family, and community. Sexual violence also occurs in universities. This is the reason for the issuance of Regulation of the Minister of Education, Culture, Research, and Technology Number 30 of 2021 concerning the Prevention and Handling of Sexual Violence in Higher Education, which requires every university to develop policies regarding the protection of victims of sexual violence in universities. Therefore, the purpose of this study, by examining this incident, is to clarify the Legal Protection Model for Victims of Sexual Violence at the State Islamic University of North Sumatra. The research method used in this study is the Empirical Juridical method with the Statue Approximation approach. After conducting the study, it was discovered that the protection received by victims of sexual violence at the State Islamic University of North Sumatra is in the form of assistance and guarantees of identity confidentiality. Victims of sexual violence also receive legal certainty from the perpetrator and also receive physical and psychological recovery as a result of the sexual violence they experienced.
The Validity Of Inter-Religious Marriages: A Fiqh And Positive Law Perspective Maria MT Manurung; M. Iqbal Irham
AT-TAFAHUM: Journal of Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v3i2.29040

Abstract

The practice of interfaith marriage among Muslims in Indonesia is still prevalent in society. This phenomenon has given rise to various controversies and debates from religious, social, psychological, and legal perspectives. This paper will discuss the validity of interfaith marriage in Indonesia from the perspective of Islamic jurisprudence and positive law. The method used is normative legal research with library research as the data source. The data is then collected, processed, analyzed, and presented qualitatively. The results of the study conclude that Islamic jurisprudence scholars agree that marriage between a Muslim man and a non-Muslim polytheist woman is prohibited. This opinion refers to the verses of QS 2:221, QS 60:10, QS 5:5, and considerations of public interest. In the legal context in Indonesia, the Compilation of Islamic Law (KHI) regulates the prohibition of interfaith marriage. Meanwhile, the Marriage Law does not clearly regulate the permissibility of interfaith marriage, thus leaving room for differing legal interpretations in society. The Population Administration Law and several court rulings have opened the door to recognizing interfaith marriages, making them valid, registered, and recognized by the state. However, this development led to the birth of Supreme Court Circular Letter No. 2 of 2023, which prohibits courts from granting permits for registering interfaith marriages. Interfaith marriages not registered with an official institution have no legal status in the eyes of the state. Consequently, such marriages are not administratively recognized.
Law Enforcement Against Violence (Engenrichting) Aniksya Nabila Safikoh; Rida Arantika
AT-TAFAHUM: Journal of Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v3i2.29177

Abstract

Indonesia is one of the largest archipelagic countries in the world and a country based on the rule of law. This means that all aspects of life within the territory of the Republic of Indonesia must be based on law. This is in accordance with Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Therefore, everything, including vigilance operations, must be carried out in accordance with the provisions that have been made. Mob violence, also known as vigilantism (Engenrichting), is an arbitrary act carried out by individuals or groups who commit acts of violence or abuse against someone known to have committed an unlawful act without being handled through the existing legal process. Criminal prosecution of those who commit acts of violence and abuse is an unlawful act that must be handled according to existing laws and regulations. In fact, legal norms serve as guidelines for every individual to relate to the law in living in society and the nation. In reality, criminal prosecution related to vigilantism, including in Articles 170 and 351 of the Criminal Code, has not been reflected. Scientists have used normative legal research methods, namely by using data obtained from existing sources and data obtained directly as well as two additional data from the results of interviews with two legal experts. The results of the study are explained as follows: (a) Criminal prosecution of vigilantes who have met the criteria of Article 170 of the Criminal Code concerning violence or Article 351 of the Criminal Code concerning assault must be followed up with established legal provisions, in order to create criminal prosecution, legal certainty, and justice for the victims. (b) Vigilantes have an impact on the law no longer functioning as it is in Indonesia and are contrary to the theory of the rule of law. Taking action alone can have a negative impact on the victims, both those who suffer minor or serious injuries, physical disabilities, mental disabilities, and death. Therefore, to achieve law enforcement, it is necessary to strengthen the law that should be for everyone. So that they can understand the difference between their rights and obligations, and law enforcement agencies need to improve their skills in enforcing the existing law.
The Existence of Personal Data Protection in the Digital Era Based on Indonesia’s Electronic Information and Transactions Law Gema Rahmadani; Yovani Zela
AT-TAFAHUM: Journal of Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v3i2.29107

Abstract

The rapid development of digital technology has significantly increased the use of electronic media in everyday life, making personal data protection an important issue in Indonesia. Personal data contains confidential information that must be protected to ensure individual privacy and security. However, the increasing use of digital platforms has also contributed to a rise in cybercrimes, including data breaches, hacking, identity theft, and misuse of personal information. Therefore, legal protection of personal data is necessary to provide legal certainty and maintain public trust in electronic systems. This study aims to analyze the existence of personal data protection in the digital era through the implementation of Indonesian regulations, particularly the Electronic Information and Transactions Law (ITE Law). This research uses a normative juridical method with a statutory approach by examining laws and regulations related to personal data protection. Data sources consist of primary legal materials, including legislation, and secondary legal materials obtained from books and previous studies. The results show that the ITE Law provides legal protection for personal data through provisions regulating consent, confidentiality, electronic system management, and sanctions against unauthorized access or misuse of data. However, the implementation of personal data protection remains insufficient due to weak law enforcement and the increasing number of data leakage cases. Therefore, stronger supervision, improved cybersecurity systems, and increased public awareness regarding digital literacy are needed. Effective collaboration between the government, electronic system providers, and society is essential to strengthen personal data protection and ensure a secure digital environment in Indonesia.
Shipping Opinions Through Demostrations Which Cause Road Mohammad Amir Bin Wan Harun; Putri Syakilah
AT-TAFAHUM: Journal of Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v3i2.29167

Abstract

Expressing opinions in public is an act that is permitted and legally protected by law. In general, everyone has the right to freedom of opinion, assembly, and expression as regulated in Article 28E Paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Furthermore, these rights are also regulated under Law Number 9 of 1998 concerning Freedom of Expression in Public and Law Number 2 of 2002 concerning the Indonesian National Police. Freedom of expression is a fundamental human right owned by every citizen and serves as an important element in the implementation of democracy in Indonesia. However, in practice, the exercise of expressing opinions through demonstrations often creates problems that may undermine democratic values themselves. Demonstrations occasionally develop into anarchic actions, including acts of violence, destruction of public facilities, disruption of public order, and traffic congestion that negatively affect surrounding communities. Such conditions may cause material and immaterial losses and create social unrest. This study aims to analyze the legal regulations governing demonstrations in Indonesia and examine law enforcement efforts against demonstrators who engage in anarchic behavior. The research uses a normative legal research method with statutory and conceptual approaches by analyzing relevant laws and legal literature. The findings indicate that although freedom of expression is constitutionally guaranteed, its implementation must remain within the limits established by law and respect public order, security, morality, and the rights of others. Therefore, effective law enforcement and increased public legal awareness are necessary to ensure that demonstrations remain peaceful, orderly, and consistent with democratic principles and the rule of law.
Law Enforcement Against Defamation Perpetrators Through Instagram Social Media Nur Hidayah; Annisa Larasati Simanjuntak
AT-TAFAHUM: Journal of Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v3i2.29092

Abstract

The rapid development of information and communication technology has significantly influenced social interaction and public communication through digital platforms, including social media such as Instagram. While technological advancement provides many benefits, it also creates opportunities for misuse, including defamation and insults committed through electronic media. Defamation on social media can harm a person’s honor, reputation, and psychological well-being, making it an important legal issue in Indonesia. This study aims to analyze the implementation of criminal sanctions against perpetrators of defamation through Instagram, identify factors inhibiting law enforcement, and examine legal protection provided to victims. This research uses a normative juridical approach with qualitative methods through literature studies by analyzing legislation, legal materials, and court decisions related to defamation and electronic information. The results show that criminal sanctions for defamation through social media are regulated under Article 27 paragraph (3) of the Electronic Information and Transactions Law and several provisions of the Criminal Code concerning defamation and slander. However, the enforcement of these regulations remains constrained by weak law enforcement, limited facilities, inadequate public legal awareness, and challenges in cybercrime investigations. Victims of defamation are entitled to legal protection through complaint mechanisms, witness and victim protection institutions, and content removal procedures within electronic systems. Therefore, stronger law enforcement, improved digital literacy, enhanced cyber investigation capacity, and greater public awareness are necessary to reduce cases of online defamation and ensure legal protection for victims in Indonesia’s digital environment.
Legal Understanding of Medan City Suburbs Regarding Employed Children Case Study Analysis in West Medan District Muhammad Ramadhan; Muhammad Luthfi Daulay
AT-TAFAHUM: Journal of Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v3i2.29161

Abstract

Indonesia as a state based on the rule of law guarantees the protection and fulfillment of human rights, including children’s rights and the right to decent work as regulated in the 1945 Constitution. However, despite legal protections, child labor remains a persistent issue influenced by economic, social, cultural, and environmental factors. Children who should spend their time learning, playing, and developing physically and mentally are often forced to work due to poverty, family pressure, cultural values, and limited legal awareness. This condition may expose children to exploitation, unsafe working environments, limited educational opportunities, and psychological as well as physical harm. This research aims to analyze legal protection for child laborers, factors causing children to work at an early age, psychological impacts experienced by child workers, and legal sanctions against employers who violate labor regulations. The study employs an empirical legal research method using observation and interviews supported by library research through primary legal materials, legislation, and secondary legal references. The findings indicate that economic hardship is the dominant factor encouraging child labor, while weak legal awareness and cultural acceptance also contribute significantly. Child labor negatively affects children’s physical growth, cognitive development, psychosocial conditions, and access to education. Indonesian laws, particularly Law Number 13 of 2003 concerning Manpower, provide protection and criminal sanctions against violations involving child labor. Therefore, strengthening legal enforcement, increasing public legal awareness, improving educational access, and enhancing government supervision are necessary to reduce child labor and ensure children’s rights are fully protected for sustainable social development.

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