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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 9, no 2 (2025)" : 8 Documents clear
Strengthening Harmonious Islam Through a Philological Approach Manswab Mahsen Abdulrahman; Defri Ramadani
AT-TAFAHUM: Journal of Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v9i2.21367

Abstract

Indonesia possesses an extensive cultural heritage, one of the most valuable forms of which is its collection of ancient manuscripts. These manuscripts preserve historical, religious, legal, literary, and cultural knowledge that reflects the intellectual development of the Indonesian archipelago, particularly the spread and evolution of Islam Nusantara. However, many of these manuscripts are currently threatened by physical deterioration, inadequate preservation, and limited scholarly attention. This study aims to examine the scope of Nusantara manuscripts, explain the concept and significance of the philological approach, and describe the procedures of philological research in preserving and interpreting ancient texts. This research employs a qualitative method through observation, interviews, and literature review to analyze manuscript preservation practices and relevant archival regulations. The findings reveal that Nusantara manuscripts, written in various local languages and scripts such as Malay, Javanese, Pegon, and Arabic, constitute an invaluable source of knowledge covering religion, history, law, politics, medicine, customs, and other disciplines. Philology plays a crucial role in restoring, transliterating, authenticating, and interpreting these manuscripts to ensure their textual accuracy and historical reliability. Furthermore, philological studies contribute significantly to safeguarding Indonesia's cultural heritage, strengthening the identity of Islam Nusantara, and providing reliable primary sources for interdisciplinary research in history, law, sociology, anthropology, and religious studies. Therefore, the philological approach is indispensable not only for manuscript preservation but also for promoting a deeper understanding of Indonesia's rich intellectual and cultural traditions.
Legal Protection for Sharia Bank Customers in the Digital Era Following the Issuance of Law Number 4 of 2023 Concerning the Development and Strengthening of the Financial Sector Nurhasanah Br Sinulingga; Ahmad Wahyudi Zein
AT-TAFAHUM: Journal of Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v9i2.21281

Abstract

This study examines the legal protection available to customers of Islamic banking in Indonesia within the framework of national banking regulations. The purpose of the research is to identify how the law safeguards the rights and interests of Islamic bank customers, considering that such protection is essential not only for conventional banking customers but also for all financial institutions. The urgency of this topic arises from the fact that Islamic banking is relatively new in Indonesia, making it more susceptible to various challenges and disputes in practice that may potentially harm customers as the main consumers of banking services. The research adopts a normative juridical approach, emphasizing an analysis of legal norms, principles, and rules that regulate banking activities in Indonesia. The data sources consist of primary legal materials, including laws and regulations governing banking, and secondary legal materials, such as academic literature, journals, and other relevant documents. Data collection is conducted through a library research method, while data analysis employs a descriptive-analytical technique to systematically describe, explain, and assess the legal framework in order to provide a clear understanding of the extent of legal protection for Islamic banking customers.
Analysis of Togel Gambling as a Crime from an Islamic Criminal Law Perspective Dinda Suciana Rambe; Harafi Pasaribu
AT-TAFAHUM: Journal of Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v9i2.29160

Abstract

In Indonesian society, gambling remains a controversial issue. Law enforcement has uncovered numerous cases. This demonstrates that gambling in Indonesia has not been eradicated and is a social ill. Gambling involves deliberate wagering, risking a value or something deemed valuable, while acknowledging the risks and expectations inherent in games, matches, competitions, and other events with uncertain outcomes. Verse 90 of QS Al-Maidah clearly forbids gambling, citing its heinous nature as a satanic act. Therefore, we should refrain from engaging in it. Research methodology is a collection of regulations, activities, and procedures employed by practitioners of a discipline. This type of research is normative legal research, also often referred to as library research. Within the framework of the maqāṣid al-syarī'ah (the principles of Islamic law), gambling clearly contains elements of harm that outweigh its benefits. Therefore, prevention and control efforts need to be comprehensive, encompassing legal, social, and religious approaches. In this context, the implementation of legal sanctions for lottery gambling according to the perspective of Islamic criminal law is categorized as ta'zir sanctions, either in the form of caning or other punishments. In addition, sanctions for perpetrators of gambling who use technology, the government can adjust regulations based on applicable laws.
Qowa'idul Fiqi'ah: Implementation of Qowaid Fiqhiyah in Answering Contemporary Problems Muhammad Rahim Harahap
AT-TAFAHUM: Journal of Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v9i2.29175

Abstract

This study examines the implementation of Islamic jurisprudence (qowaid) in addressing various contemporary problems emerging in modern society. As general principles in Islamic law, qowaid plays a crucial role in providing solutions to emerging issues not specifically addressed in the Qur'an and Hadith. The purpose of this study is to analyze the relevance and application of Islamic jurisprudence (qowaid) in addressing contemporary issues in the social, economic, technological, health, and modern muamalah (transactions). The research method used is qualitative research with a normative approach and library research. Data sources were obtained from fiqh books, qowaid books, scientific journals, and relevant Islamic legal literature. The analysis was conducted by examining several key principles, such as al-umuru bi maqashidiha (all matters depend on the goal), al-dhararu yuzal (harm must be eliminated), and al-masyaqqatu tajlibu al-taisir (difficulty brings about ease) in the context of contemporary issues. The research results show that the Islamic jurisprudence (qowaid) is of high quality and relevance in addressing the challenges of the times. The principles of Islamic jurisprudence can serve as the basis for ijtihad in establishing laws regarding various modern phenomena, such as digital transactions, the use of information technology, Islamic financial services, and even health and social issues. Thus, the application of Islamic jurisprudence (qowaid) not only maintains the existence of Islamic law but also demonstrates that Islamic law is dynamic, adaptive, and capable of providing benefits to human life in every era.
Analysis Robbery from a Criminal Law Perspective: Law Enforcement, Criminal Accountability, and the Effectiveness of Sanctions Farhan Fathur Rahman; Zahara Qifta Isvara
AT-TAFAHUM: Journal of Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v9i2.29168

Abstract

This study aims to analyze the crime of robbery from a criminal law perspective, with a focus on law enforcement, criminal liability, and the effectiveness of criminal sanctions. The background of this study is based on the increasing crime rate, especially robbery, which not only causes property damage but also threatens the safety and security of the community. This study uses a normative juridical method with a statutory and conceptual approach, and is supported by literature and documentation studies of primary and secondary legal materials. The research stages include data collection, data reduction, data presentation, and normative analysis of applicable legal provisions, especially Article 365 of the Criminal Code (KUHP). The results of the study indicate that normatively, the regulation regarding robbery has been strictly regulated with severe criminal threats, however, in practice, law enforcement still faces various obstacles, such as weak evidence, limited apparatus resources, and inconsistencies in judges' decisions
Islamic Radicalism, Terrorism and Anti-Pancasila: Examining the Roots of Radicalism and the Anti-Pancasila Movement Imamuddin Imamuddin; Tio Adinata
AT-TAFAHUM: Journal of Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v9i2.29170

Abstract

This study aims to analyze the relationship between radical Islamic ideology, acts of terrorism, and the emergence of anti-Pancasila movements in Indonesia. The phenomenon of radicalism is often the root cause of terrorist acts that threaten not only physical security but also the ideological stability of the state. Using qualitative methods through literature review and descriptive analysis, this study examines the triggering factors of radicalism, ranging from narrow religious understanding, global political influence, to socio-economic dissatisfaction. The results of the study indicate that anti-Pancasila movements often use religious narratives to delegitimize the national consensus, which, if left unchecked, can develop into systematic acts of terrorism. This study concludes that strengthening religious moderation and revitalizing Pancasila values in education and public spaces are crucial steps to stem the infiltration of radical ideology in society.
Outline Of The Development Of Military Criminal Law In Indonesia Misdin Arifin HM; Dian Safitri Ginting
AT-TAFAHUM: Journal of Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v9i2.29147

Abstract

This study aims to examine the broad development of military criminal law in Indonesia using normative legal research methods. The approaches employed include legislative and historical approaches to trace the dynamics of military criminal law regulation from the colonial period to the modern era. The results indicate that military criminal law in Indonesia was initially an adoption of the Dutch colonial legal system, which was then maintained and adapted after independence. Over its development, military criminal law has undergone a transformation toward a more modern national legal system while retaining its distinctive characteristics as an instrument for enforcing discipline in the military environment. However, this development also faces various challenges, such as the dualism between military criminal law and general criminal law and the suboptimal updates to the Military Criminal Code (KUHPM). Furthermore, there is a need to align military criminal law with the principles of the rule of law, transparency, and human rights protection. Therefore, efforts to reform regulations and harmonize laws are needed to create a more effective, just, and accountable justice system. This research is expected to contribute to the development of military criminal law in Indonesia and serve as a reference for further research.
A Legal Analysis of Changes to the Severance Pay Calculation Formula Ending Solehudin; Muhammad Arif
AT-TAFAHUM: Journal of Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v9i2.29038

Abstract

Fundamental changes in the termination compensation scheme following the enactment of the omnibus law have triggered a reorientation of workers' rights protection in Indonesia. This study aims to examine the legal transformation of the severance pay calculation formula from Law Number 13 of 2003 to Law Number 6 of 2023 concerning Job Creation. Using normative legal research methods with a statute approach and a conceptual approach, this study analyzes the implications of this shift in norms for the certainty of workers' rights. The results show that this transformation not only changes the nominal value by reducing the multiplier but also shifts the protection paradigm from job security to flexibility. The correlation between the decline in severance pay and the certainty of workers' rights indicates a degradation of economic value that has not been fully compensated by the job loss insurance program. Furthermore, an analysis of the Constitutional Court's ruling emphasizes the importance of the constitutionality of norms that must balance investment facilitation with the right to a decent living. This study concludes that regulatory synchronization following the Constitutional Court's ruling is crucial to prevent legal uncertainty that harms industrial stability and worker welfare.

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