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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.
Arjuna Subject : -
Articles 153 Documents
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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.
Government Instruments Misdin Arifin HM; Setiawan Wijaya
AT-TAFAHUM: Journal of Law Vol 4, No 2 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v4i2.29090

Abstract

Government instruments are fundamental elements in the implementation of government functions based on the principle of the rule of law (rechtsstaat). In the practice of State Administrative Law, every action, decision, or policy taken by public authorities must be based on valid legal instruments. This is crucial to prevent abuse of authority (detournement de pouvoir) and arbitrary actions that have the potential to violate the constitutional rights of citizens. This paper is motivated by the need for a deep understanding of the transformation of government legal instruments in the increasingly complex modern era, especially in maintaining a balance between bureaucratic effectiveness and legal protection for the community. This research uses a normative juridical method by integrating a statute approach and a conceptual approach. The results of the study indicate that government instruments which include laws and regulations (regeling), state administrative decisions (beschikking), policy regulations (beleidsregel), discretion, and factual actions (feitelijke handelingen) have a strategic role in the dynamics of national law. These instruments function as legal means to guarantee legal certainty and provide protection mechanisms for citizens through means of objections and lawsuits. The proper arrangement of instruments is crucial for the realization of accountable, transparent governance, and in accordance with the General Principles of Good Governance (AAUPB). This study concludes that strengthening legal control over government instruments is an absolute prerequisite for preventing maladministration and strengthening the pillars of democracy.
Basic Principles and Basic Rules of Islamic Law Hasan Munthe; Febrianti Lingga
AT-TAFAHUM: Journal of Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v7i2.29130

Abstract

Islamic law is a legal system that originates from revelation and has unique characteristics. This research aims to examine the basic principles and rules of Islamic law as a basis for determining law. The method used is qualitative research with a normative approach through literature review. The research results show that the basic principles of Islamic law include justice (al-'adl), benefit (al-maslahah), legal certainty, and flexibility. The principles of Islamic jurisprudence, such as al-umūr bi maqāṣidihā, al-ḍarar yuzāl, and al-mashaqqah tajlib al-taysīr, serve as a methodological framework in establishing law. Thus, these principles and rules are important in legal istinbāṭ so that it remains relevant and responsive to developments in society.
Combating Cyber Crime From The Perspective Of Islamic Criminal Law Aicha Azdina Adly Fesya; Rizky Zaidan Ketaren
AT-TAFAHUM: Journal of Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v6i2.29084

Abstract

This article aims to analyze the concept of cybercrime prevention from the perspective of Islamic criminal law and examine its relevance to the development of modern digital crime. The research method used is normative legal research with a conceptual approach and a legislative approach. The data used consists of primary, secondary, and tertiary legal materials analyzed qualitatively. The results of the study indicate that although cybercrime is not explicitly recognized in classical Islamic criminal law literature, the basic principles of jarimah, particularly in the category of ta'zir, can be used to qualify various forms of cybercrime.
Illegal Logging Crimes In Forest Areascriminal Law Muhammad Hendra; Hizra Mariani
AT-TAFAHUM: Journal of Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v4i1.29222

Abstract

This study aims to determine the process of overcoming and handling carried out by the Forestry Police of the Sulawesi Regional Forestry Security and Law Enforcement Center in Handling Illegal Logging Cases. This study uses an empirical juridical research method. The research location is the Sulawesi Regional Forestry Security and Law Enforcement Center. The data sources used are primary data, namely data obtained directly from sources at the research location, secondary data is data obtained through library studies, namely reviewing literature, articles, coverage, and laws and regulations. The data collection techniques used are library research and field research that includes interviews and documentation. The data analysis technique used is quantitative. The results of this study indicate that MB is the owner of the wood as well as a suspect in illegal logging and Rasdin as the publisher of the wood document. In deciding a case, law enforcement should always carry out the mandate of the Republic of Indonesia Law No. 18 of 2013 concerning the prevention and eradication of forest destruction. In addition, law enforcement must be more consistent in this illegal logging, which aims to protect forests. from the destruction and damage to forests and the surrounding environment
Parents' Responsibilities Towards Child Support Owed From The Perspective Of Khi And Law Guvo Deswarth Purba; Febry Anggina Nasution
AT-TAFAHUM: Journal of Law Vol 3, No 1 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v3i1.29244

Abstract

This study aims to investigate and analyze the legal responsibility of parents for child support debts from the perspective of the Islamic Law Code (KHI) and the Law. In this study, the researcher reviewed the definition and concept of support, the legal responsibility of parents in providing support to children, the period of parental responsibility, the economic capacity of parents, and the legal consequences that may be faced by parents who do not fulfill their support obligations. This study uses a document analysis method with reference to relevant articles in the KHI and the Law. The researcher also involved a comparative study between the perspectives of Islamic law and positive law to gain a more comprehensive understanding of the legal responsibility of parents for child support debts. The results of this study are expected to provide a deeper understanding of the legal responsibility of parents in providing support to children who are in debt. In addition, this study is also expected to provide guidance for legal practitioners, family experts, and the general public in understanding and handling cases related to the legal responsibility of parents for child support debts.
Giving Gifts To Employees: Review of Islamic Law and Law of the Republic of Indonesia Number 20 of 2001 Ilgafur Tanjung
AT-TAFAHUM: Journal of Law Vol 2, No 2 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v2i2.970

Abstract

As is common with gifts given to officials/employees, the giver's intention cannot be separated from one of two things, namely the gift giver aims to win the favor of the official/employee so that they get convenience and relief in all their affairs both at that time and in the future. The gift giver who does give it out of affection and does not expect any reward, either material or services. In this problem, the author emphasizes the perspective of Islamic law and Law No. 20 of 2001 concerning the law of gifts given to officials and the conditions that allow officials to receive gifts. The results of the research from this discussion are gifts given to officials/employees because of their work and position are forbidden for both the giver and the recipient as prohibited by Islam and the law. The basis for the prohibition and impermissibility of these gifts is the failure to realize equal rights between fellow human beings, both individual and social. As for gifts given to employees/officials not because of their work and position, then the law is permissible for both the giver and the recipient. Especially if the giver intends to strengthen ties of kinship and strengthen relationships between each other.
A Criminological Analysis of Homicide Committed by Husbands Against Their Wives Ahmad Nizar Mohammad Syamwil; Dian Perwita Sari
AT-TAFAHUM: Journal of Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v2i1.29053

Abstract

Cases of murder committed by husbands against wives are a serious problem in society. This study aims to analyze the factors causing the murder, as well as its impact on the victim's child. The method used is descriptive research using data from observations, documentation, and interviews with AKP Abner Saragih, one of the investigative teams handling the case. The results showed that the murder occurred due to jealousy and economic problems in the household. The perpetrator used a machete that had been prepared before hand, resulting in the death of his wife and serious injuries to the victim's child. The victim's children are currently being raised by the victim's family without their biological parents. The conclusion of this study is the need for serious handling of domestic homicide cases, as well as the importance of the role of law enforcement agencies in providing justice to victims. This research also provides suggestions for increasing public awareness about the importance of peaceful conflict resolution, as well as the need for psychological support for children who have been traumatized by a murder case in the family. It is hoped that the results of this study can provide a deeper understanding of the problem of domestic murder and contribute to preventing similar cases from occurring in the future.
Revitalizing Customary Law as a Source of Law in Building the Indonesian Legal System Wahida Ariyanti Nasution; Luthfi Daulay
AT-TAFAHUM: Journal of Law Vol 5, No 2 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i2.29251

Abstract

The neglect of customary law as a source of law in Indonesia is partly due to the assumption that customary law is very traditional and cannot accommodate modern developments (globalization and technology). This study examines which areas of customary law are still relevant in addressing the problems faced by the Indonesian nation in the era of globalization, and how urgent customary law is as a basis for national legal development policies. This study uses a descriptive analytical research method with a normative juridical approach, where data and information will be collected both in terms of its assessment and management are carried out interdisciplinary and multidisciplinary and cross-sectoral. The data and information are then analyzed in depth through normative juridical to obtain a picture of customary law. The results of the study indicate that some customary legal institutions, including inheritance law, customary rights, mortgages, rent, and profit sharing, are still relevant and can be a source of inspiration for the formation of national law and become a source of law in the process of legal discovery. In addition, the existence of these institutions can be used as a reference in the formation of national law and play an important role as a source in the process of legal discovery in Indonesia.
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.

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