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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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Division Of Joint Property In The Panyabungan City Community, Mandailing Natal Regency, As Reviewed From UU No. 1 Of 1974 And KHI David Nwanna Dumbiri; Zuhdi Hasibuan
AT-TAFAHUM: Journal of Law Vol 1, No 2 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v1i2.590

Abstract

The purpose of this thesis is to understand the concept of Law No. 1 of 1974 and the KHI regarding the division of joint property, to understand the distribution of joint property in Panyabungan City District, and to identify the factors underlying the division of joint property in Panyabungan City District. The research method used by the author is field research, where all data is obtained from the field. In this approach, the research is conducted in a natural setting but is preceded by some form of intervention from the researcher. The research will be conducted in Panyabungan City District, Mandailing Natal Regency. This article presents findings that the general understanding of the distribution of joint property among the people of Panyabungan Kota sub-district is still lacking. Only community leaders, and even then, only partially understand the concept. Many people in Panyabungan Kota sub-district still do not share joint property. However, some people do share joint property. However, the existing system of sharing joint property in this sub-district is still far from what is stipulated in community regulations. The dominant distribution of joint property is based on whoever has the most or who always earns the living in the household, who receives the largest share. The factors contributing to the poor implementation of joint property distribution in Panyabungan Kota sub-district are a general lack of understanding of joint property distribution, factors of justice, and economic factors.
Integration of Islamic Inheritance and Customary Inheritance: A Study of the Mandailing Community in Tanjung Village Dinda Suciana Rambe; Naslim Naslim
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.v3i1.29060

Abstract

Inheritance law is a part of civil law in Indonesia that regulates the transfer of rights and ownership of property from a deceased person to heirs entitled to receive it. Inheritance law plays an important role because death creates legal consequences regarding the distribution of assets left by the deceased. However, inheritance disputes frequently occur in society, particularly concerning inheritance distribution patterns and the determination of heirs’ rights. In Indonesia, inheritance distribution is regulated not only by the Compilation of Islamic Law but also by customary inheritance systems based on ethnic traditions and local cultural values, which often lead to differences in implementation. This study aims to analyze inheritance distribution practices and examine the interaction between Islamic inheritance law and ethnic customary law in resolving inheritance disputes. The research employs an empirical juridical method with a sociological approach to understand legal practices within society. Data were collected through observations and analysis of social phenomena related to inheritance disputes. The findings indicate that inheritance distribution is influenced by legal awareness, religious values, customary traditions, and family agreements. The coexistence of Islamic inheritance law and customary inheritance law reflects the dynamic nature of inheritance regulation in Indonesia. Therefore, harmonization between legal norms, religious principles, and customary values is necessary to minimize inheritance disputes and promote justice among heirs. This study is expected to contribute to the development of inheritance law and provide references for resolving inheritance disputes within Indonesia’s plural legal system.
Abortion Reviewed From Islamic Law and Positive Law in Indonesia: Government Regulation No. 61 of 2014 about Reproductive Health Mulkan Nasution; Pagar Pagar; Ansari Yamamah
AT-TAFAHUM: Journal of Law Vol 1, No 2 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v1i2.1383

Abstract

In mid-2014, the Indonesian government, through the Ministry of Health of the Republic of Indonesia, issued Government Regulation No. 61 of 2014 concerning Reproductive Health as a derivative regulation/mandate of Law No. 36 of 2009 concerning Health. This regulation contains nine articles governing abortion, which was previously a criminal offense regulated in the Criminal Code with a maximum penalty of fifteen years. In this regulation, the government provides exceptions for abortion based on two reasons: 1). Due to indications of medical emergency, and 2). Due to pregnancy resulting from rape, and can be performed if the gestational age is no more than forty days calculated from the first day of the last menstrual period. In Islamic law, abortion without old ageis a prohibited act. Scholars have agreed that abortion is prohibited if the fetus is one hundred and twenty days old and the soul has been breathed into it. This is based on a hadith narrated by Bukhari and Muslim which states that after the fertilization phase, mugah(120 days), an angel was sent to her and the soul was breathed into her. Regarding the permissibility of abortion before the gestational age of one hundred and twenty days, scholars have different opinions, Imam al-Ghazali and Imam al-Dusuqi prohibit abortion when the male sperm and the female ovum have mixed in the uterus, while Ibn 'Abidin permits abortion until the fetus is one hundred and twenty days old and the soul has been breathed into it. The middle opinion between the two groups is Ibn Rajab who permits abortion with a time limit of up to forty days of fetal age. This research is a descriptive normative juridical research with a comparative legal research approach that uses qualitative research methods. The tools and techniques for data collection are carried out by tracing laws and other legal sources from the legal system that are considered relevant to the main issue at hand
Consumer Dispute Resolution Danang Dermawan
AT-TAFAHUM: Journal of Law Vol 10, No 1 (2026)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v10i1.30967

Abstract

Consumer disputes arise when consumers suffer losses due to violations of their rights by business actors in the provision of goods and services. Although litigation remains a formal mechanism for dispute resolution, court proceedings are often considered time-consuming, costly, and less effective in maintaining the relationship between the disputing parties. Consequently, Indonesian consumer protection law recognizes non-litigation dispute resolution as an alternative mechanism that emphasizes efficiency, fairness, and consensus. This study aims to examine the implementation of non-litigation consumer dispute resolution in Indonesia and to analyze the role of the Consumer Dispute Settlement Agency (Badan Settlement Disputes Consumer/BPSK) in resolving disputes between consumers and business actors. The research employs a normative juridical method using a statutory and conceptual approach. Data were collected through library research by analyzing legislation, legal doctrines, and relevant scholarly literature concerning consumer protection and alternative dispute resolution. The findings indicate that BPSK serves as a specialized institution authorized to resolve consumer disputes through mediation, arbitration, and conciliation. These mechanisms provide several advantages, including faster procedures, lower costs, confidentiality, procedural flexibility, and the preservation of harmonious relationships between the parties. The study further reveals that BPSK plays a significant role in ensuring access to justice for consumers while promoting legal certainty and encouraging business actors to conduct their commercial activities responsibly. Nevertheless, the effectiveness of non-litigation dispute resolution remains dependent upon the willingness of the parties to participate in good faith and comply with the resulting agreements or decisions. Therefore, strengthening the institutional capacity of BPSK and increasing public awareness of consumer rights are essential to enhancing the effectiveness of consumer protection in Indonesia.
Legal Analysis of Banking Crimes and Money Laundering in Indonesia David Nwanna Dumbiri; Abd. Rahman Alwi Pase
AT-TAFAHUM: Journal of Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i1.29034

Abstract

The rapid development of the banking sector and information technology in Indonesia has significantly facilitated financial transactions while simultaneously increasing the risk of banking crimes and money laundering activities. Banking crimes such as fraud, embezzlement, abuse of authority, and financial transaction manipulation frequently serve as predicate offenses for money laundering. This study aims to analyze the legal framework governing banking crimes and money laundering in Indonesia, examine their interrelationship, and identify challenges in their prevention and enforcement. This research employs a normative legal method using statutory and conceptual approaches. Data were collected through a literature review of primary, secondary, and tertiary legal materials and analyzed qualitatively. The findings indicate that banking crimes are closely linked to money laundering, as offenders often exploit banking systems to conceal the illicit origins of criminal proceeds through complex financial transactions, including layering, the use of third-party accounts, and cross-border fund transfers. Although Indonesia has established a comprehensive legal framework to combat these crimes, law enforcement efforts continue to face challenges, including weak supervision, limited technical capacity of law enforcement agencies, inadequate inter-agency coordination, and the increasing sophistication of technology-based criminal methods. The study further reveals that current measures remain predominantly repressive, while preventive strategies have not been optimally implemented. Therefore, strengthening regulatory frameworks, enhancing institutional cooperation, improving human resource capabilities, and adopting advanced technological monitoring systems are essential to effectively prevent and combat banking crimes and money laundering in Indonesia.
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.
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
A Review of Jinayah Fiqh on the Phenomenon of Doxing and Character Assassination in the Media Purnama Wahyuni; Mhd Irsan Akbar
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.v7i2.29046

Abstract

The era of digital disruption has shifted criminal patterns from physical space to cyberspace, where personal data is often used as a weapon for digital persecution. The phenomena of doxing (the unauthorized dissemination of personal identity information) and character assassination on social media are not merely violations of communication ethics, but rather systematic threats to the existence of human dignity (al-'irdh). This study aims to dissect these phenomena through the lens of Islamic Jurisprudence (Fiqh Jinayah) in order to formulate an appropriate legal construction for contemporary cybercrime. Using a qualitative descriptive-analytical research method and a normative-juridical approach, this article explores how Islamic law responds to actions that damage an individual's privacy and reputation. The results show that doxing and character assassination fulfill the elements of jarimah (criminal acts) because they contain elements of tajassus (espionage), backbiting, and slander, which are explicitly prohibited in the Qur'an and Sunnah. In the Islamic Jurisprudence (Fiqh Jinayah) classification, this act is categorized as Ta'zir Crime, where the state authority (Waliyyul Amri) has full authority to impose deterrent sanctions, ranging from fines (gharamah) to imprisonment, in order to uphold the main objective of sharia (Maqashid Syariah), namely the protection of honor. This article also emphasizes the importance of reintegrating Islamic moral values into cyber law regulations to reduce the number of "social deaths" for victims in the digital space.
PThe Role Of State Administrative Courts In Ensuring Legal Protection For Indonesian Citizens Darwin Wibowo Sihombing; Mirale Harahap
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.v6i2.29219

Abstract

The State Administrative Court (PTUN) plays a strategic role in ensuring legal protection for citizens from detrimental government administrative actions. As one of the pillars of the rule of law, the PTUN functions to supervise, adjudicate, and resolve disputes between the public and state administrative bodies or officials in order to create a balance of fair legal relations. This study aims to analyze the role of the PTUN in providing legal protection and identify obstacles in its implementation. The method used is normative legal research with a statutory and conceptual approach. The results show that the PTUN plays a significant role in upholding administrative justice, preventing abuse of authority, and providing legal certainty for the public. However, the effectiveness of the legal protection provided still faces various obstacles, such as low public legal awareness and less than optimal implementation of court decisions. Therefore, institutional strengthening, increased legal socialization, and government commitment to implementing PTUN decisions are needed so that legal protection for citizens can be realized optimally.
The Impact of Social Change on the Practice of Polygamy in Modern Society: A Review of Islamic Family Law Darwin Wibowo Sihombing; Muhammad Firza
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.v5i2.29206

Abstract

This study aims to analyze the impact of social change on the practice of polygamy in the context of modern society and to examine the relevance of Islamic family law in implementing these regulations. Using qualitative descriptive methods, this study involved in-depth interviews with religious leaders, legal practitioners, and individuals involved in the practice. Furthermore, this study considered the social, cultural, and economic dynamics that influence individual decisions in pursuing the practice. The results indicate that public awareness of women's rights and the importance of social justice is increasing, significantly changing their perspectives on polygamy. Although Islamic law permits polygamy under conditions of fairness, practice often falls short of these criteria. Many families experience dissatisfaction, internal conflict, and psychological impacts due to unfair treatment between wives. This study concludes that achieving justice in the practice of polygamy requires more comprehensive legal education, strong advocacy for individual rights, and strengthened oversight and enforcement mechanisms. Therefore, this research is expected to provide broader insights for policymakers and the public in creating more just, humane, and relevant solutions to the practice of polygamy in the modern era.

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