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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 8, no 2 (2024)" : 8 Documents clear
Social Norms and Legal Norms: A Comprehensive Study Of Their Differences, Functions, and Interrelationships in Society Wahida Ariyanti Nasution; Nurlila Lila Pratiwi
AT-TAFAHUM: Journal of Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i2.29074

Abstract

As social beings, humans can fulfill their own needs without interacting with others, so rules are needed to govern communal life. These rules are known as social norms, which are normative and motivating guidelines for behavior that create order and protect human interests. Social norms grow and develop along with the dynamics of community life and function as a means of social control to prevent conflicts of interest. According to Sudikno Mertokusumo, social norms consist of four types: religious norms, moral norms, politeness norms, and legal norms. Religious norms stem from belief in God and regulate human relationships with the Creator, others, and oneself. Moral norms originate from the human conscience, encouraging good behavior and eliciting regret when violated. Politeness norms arise from customs and traditions within society, aimed at maintaining social harmony. Meanwhile, legal norms are official rules established by the state with strict and enforceable sanctions. These four norms are interrelated and inseparable because together they create order and balance in social life.
Employment Law Politics in Indonesia Dr. Jasni bin Sulong; Muhamad Ramzy Fernanda
AT-TAFAHUM: Journal of Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i2.29183

Abstract

Employment law policy in Indonesia reflects the government's efforts to balance worker protection with the demands of national economic development. The enactment of Law No. 11 of 2020, subsequently reinforced by Law No. 6 of 2023 concerning Job Creation, has significantly transformed Indonesia's employment legal framework by promoting labor market flexibility while raising concerns regarding the protection of workers' rights. This study aims to analyze the direction of Indonesia's employment law policy, examine the evolution of labor regulations, and evaluate the implementation of legal protection for workers amid contemporary economic and technological developments. The research employs a normative legal method using statutory, conceptual, and analytical approaches. Data were collected through a comprehensive review of primary, secondary, and tertiary legal materials and analyzed qualitatively. The findings indicate that although Indonesia has established a comprehensive legal framework governing employment relationships, labor protection, and industrial dispute resolution, significant challenges remain in its implementation. Amendments introduced through the Job Creation Law have increased flexibility in fixed-term employment agreements and outsourcing, enhancing business competitiveness but also creating greater job insecurity. Furthermore, the rapid expansion of the digital economy and platform-based employment has exposed regulatory gaps, leaving many gig workers without adequate legal protection. Weak law enforcement, limited government supervision, and the unequal bargaining position of workers further undermine the effectiveness of existing regulations. Therefore, Indonesia's employment law policy should be strengthened through more adaptive legislation, effective enforcement mechanisms, and balanced legal reforms that simultaneously promote investment, legal certainty, and the protection of workers' rights.
Understanding Contemporary Fiqh: Its Meaning and Scope in Responding to the Challenges of the Times Erwinsyah Putra; Fera Aisah Bancin
AT-TAFAHUM: Journal of Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i2.29069

Abstract

Contemporary Islamic jurisprudence (fiqh) is a branch of Islamic law that has evolved in line with the dynamics of modern life. This study aims to understand how Islamic law can respond to various new issues not explicitly discussed in classical sources. This research aims to examine the meaning of contemporary Islamic jurisprudence and its scope in responding to the challenges of the times. The method used is a library study by analyzing various literature related to Islamic jurisprudence and the development of modern Islamic law. The results of the study indicate that contemporary Islamic jurisprudence focuses not only on understanding texts but also considers the social, cultural, economic, and technological contexts developing in society. The scope of contemporary Islamic jurisprudence encompasses various aspects of life, such as sharia economics, bioethics, information technology, and social issues. With a flexible approach while remaining grounded in the Qur'an and Hadith, contemporary Islamic jurisprudence is able to provide relevant and adaptive solutions to modern problems. Therefore, a deep understanding of contemporary Islamic jurisprudence is essential for Muslims to be able to face the changing times without abandoning sharia values.
Legal Protection for Digital Platform Workers: A Legal Analysis of Partnership Relations from the Perspective of Employment Law in Indonesia Guvo Deswarth Purba; Nia Amira
AT-TAFAHUM: Journal of Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i2.29143

Abstract

The rapid development of the digital economy in Indonesia has given rise to a new work model through digital platforms that bases employment relationships on the concept of partnership. However, this model creates legal ambiguity due to the weak bargaining position of platform workers and the existence of elements of employment relationships that are factually fulfilled but formally omitted. This study aims to analyze legal protection for digital platform workers and review the status of partnership relationships from the perspective of labor law in Indonesia, particularly after the implementation of Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into law.
Consistency of Practice and the Normative Legal Implications of Cancelling Practices from the Perspective of Ahkam Interpretation: An Analysis of QS. Muhammad Verses 33-35 Tiara Rahma; Risa Siti Fadilah
AT-TAFAHUM: Journal of Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i2.29180

Abstract

This study examines the principle of consistency in deeds through an analysis of legal interpretation (tafsir ahkam) of QS. Muhammad verses 33-35. The main focus of this research is to explore the meaning of the prohibition on canceling deeds in the middle of their implementation and the theological and social consequences that arise. Using qualitative methods through a library research approach, this study examines the interpretation of these verses from various classical and contemporary tafsir literature. The results show that QS. Muhammad: 33 gives a clear command for believers to obey Allah and His Messenger and strictly prohibits the destruction of the reward of deeds through inconsistency or doubt. Verse 34 provides a warning to those who hinder the path of Allah, while verse 35 provides a motivational guarantee for believers not to be weak in the struggle. The implications of this finding emphasize that canceling deeds is not merely an individual failure, but has a psychological impact on mental resilience and a social impact on community integrity. The relevance of this study in the modern context is applied to discipline in education, careers, and social struggles.
Ijtihad, Patterns, Orientation, and the Need For It Jibril Adam Harahap; Deni Afriansyah
AT-TAFAHUM: Journal of Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i2.29162

Abstract

Ijtihad is an important concept in Islamic law which means the serious deployment of all intellectual abilities to find the law on issues not explicitly explained in the Qur'an and Al-Sunnah. Terminologically, ijtihad is understood as the use of independent legal reasoning to answer new problems while remaining based on the primary sources of sharia. Ijtihad plays an important role in the process of interpreting religious texts so that Islamic law can be applied relevantly in concrete situations of human life. In practice, ijtihad has several main patterns, namely the bayani pattern which emphasizes the linguistic analysis of the text, the ta'lili pattern which focuses on finding 'illat or legal reasons through rational reasoning, and the istislahi pattern which prioritizes the welfare of the people based on the principles of daruriyyat, hajiyyat, and tahsiniyyat needs. In addition to patterns, there are also orientations of ijtihad such as textual, analogical, benefit, maqashid sharia, and renewal (tajdid) approaches which show the dynamics of the methods of developing Islamic law.
Comparison of the Concept of Maslahah in the Thought of At-Thufi and Al-Syathibi and its Relevance in Islamic Law Ayu Juniaty Siregar; Rina Solin
AT-TAFAHUM: Journal of Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i2.29112

Abstract

This study discusses the comparative concept of maslahah in the thoughts of Najm al-Din al-Tufi (At-Thufi) and Abu Ishaq al-Syathibi and its relevance in the development of Islamic law. Maslahah as an important principle in ushul fiqh has a strategic role in establishing laws that are in accordance with human needs and changes in shari'a. At-Thufi tends to give a strong position to maslahah, even in certain conditions it can be prioritized over dzanni texts, especially in the realm of muamalah. Meanwhile, Al-Syathibi places maslahah as the main objective of sharia (maqasid al-shari'ah) which must remain within the corridor of the text and not contradict the qath'i argument. This study uses a qualitative method with a library research approach through analysis of classical and contemporary ushul fiqh literature. The results of the study show differences in epistemological approaches between the two, but both emphasize that maslahah is the core of the objectives of sharia. The relevance of both of their thoughts is very important in answering the dynamic and complex issues of contemporary Islamic law.
Basic Human Rights Instruments in the Perspective of International and National Law Maslathif Dwi Purnomo; Hairul Anam
AT-TAFAHUM: Journal of Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i2.29029

Abstract

Human rights are fundamental rights inherent to every individual by virtue of being human and constitute the foundation of justice, equality, and human dignity. The protection and promotion of these rights require comprehensive legal instruments at both the international and national levels to ensure their effective implementation. This study aims to examine the fundamental instruments of human rights, analyze their legal foundations, and evaluate the mechanisms for human rights protection and enforcement in Indonesia. The research employs a normative legal approach based on literature review, utilizing secondary data derived from legal documents, scholarly publications, and relevant legal theories. The collected data were analyzed descriptively and qualitatively through a systematic examination of international and national legal frameworks. The findings reveal that human rights protection is supported by two principal categories of legal instruments: international instruments, including the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW); and national instruments, including the 1945 Constitution, Pancasila, Law No. 39 of 1999 on Human Rights, and other relevant legislation. Indonesia has also established specialized institutions, such as the National Commission on Human Rights (Komnas HAM), the Human Rights Court, the Indonesian Child Protection Commission (KPAI), the National Commission on Violence Against Women (Komnas Perempuan), and the Witness and Victim Protection Agency (LPSK), to strengthen human rights enforcement. Nevertheless, significant challenges remain, including weaknesses in law enforcement, institutional effectiveness, and the protection of vulnerable groups. Therefore, strengthening legal institutions, harmonizing international and national human rights standards, and enhancing the capacity of enforcement agencies are essential to ensuring comprehensive and effective human rights protection in Indonesia.

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