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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 153 Documents
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Marriage of the same Surname In Mandailing Batak Traditions In Padang Sidimpuan City Gema Rahmadani; Yulia Yulia
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.v4i2.29245

Abstract

Marriage within the same clan is prohibited in Batak tradition because individuals from the same clan are regarded as siblings who share a common ancestral lineage. In customary law, there are three marriage systems, namely exogamy, endogamy, and eleutrogamy. The Batak community adheres to an exogamous marriage system, which prohibits men and women from marrying individuals who belong to the same clan. Marriage within the same clan constitutes an important and interesting issue to examine because the Batak people consider such marriages as violations of customary values, social norms, and kinship structures that have been preserved for generations. Despite the existence of customary prohibitions and social sanctions, same-clan marriages continue to occur in contemporary society. For instance, in Padangsidimpuan City, several couples have entered into marriages within the same clan. This phenomenon indicates a shift in social values and raises questions regarding the effectiveness of customary sanctions, the influence of modernization, individual rights, religious perspectives, and changing patterns of social interaction in Batak society. Therefore, this study aims to analyze the factors underlying the occurrence of same-clan marriages, examine the customary sanctions imposed on such marriages, and explore the perspectives of the Batak community toward these practices. Furthermore, this research seeks to understand the dynamics between customary law and contemporary societal developments. The findings are expected to contribute to the development of customary law studies, particularly regarding the transformation of traditional values within modern Batak society and the sustainability of customary norms amid social change.
Role And Impact Of Empowerment Programand Family Welfare Towards The Economic Welfare Of Residents Of Sei Kera Hilir II Village Medan City Ahmad Nizar Mohammad Syamwil; Muhammad Anshar
AT-TAFAHUM: Journal of Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v1i1.926

Abstract

This study examines the concept of empowerment in Islam, welfare from an Islamic perspective, and the role of the Family Welfare Empowerment Movement (PKK) in improving the economic welfare of residents in Sei Kera Hilir II Subdistrict, Medan. The concept of empowerment in Islam emphasizes efforts to strengthen individual and community capacities through independence, productivity, and social responsibility. Islamic teachings encourage empowerment by developing human potential, providing opportunities for self-reliance, and fostering cooperation in achieving social welfare. Welfare in Islam is understood as a holistic condition that includes material, spiritual, and social fulfillment, both in this world and the hereafter. The findings indicate that the PKK has played an important role in community empowerment through various programs, including skills training, entrepreneurship development, health promotion, educational support, environmental sustainability, and family welfare improvement. Several successful empowerment initiatives have enabled residents to develop home industries, handicraft businesses, food processing enterprises, and other income generating activities that contribute to family economic resilience. Furthermore, PKK activities have enhanced community participation, strengthened social solidarity, and improved awareness of health, education, and environmental management.
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.
Customs Of Wages in the Implementation of Marriages for the Community of Tanjungbalai City According to the Perspective of Islamic Law Khairunnisa Siregar; Khairul Fahmi Simangunsong
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.v2i2.5593

Abstract

The purpose of this research is to know how wages are in marriage tradition on society of Tanjungbalai citizens, the value, and the answers of ulama on wage-upah tradition. This research uses the qualitative method. This research is in Tanjungbalai. The data collecting technique uses documentation, interviews and observation. Data analysis technique uses theme and formulate working hypothesis and analyze based on working hypothesis. Data source uses primary source and secondary source. The results of research show that the action of wages in marriage tradition on citizens of Tanjungbalai was carried out through several steps, they are; peace be upon on tahmid, tasykir and takhtim speech (first), peace be upon using shalawat on Muhammad SAW (second) the value in wage-upah is suggestion to couple marriage to keep strong unity in the family, keep namely of family beyond on the couple marriage, keep namely of neighbors, brothers and the group community around, wage-upah has closed of worship to the God (Allah SWT), and has normative values and local wisdom value. According to Ulama of Fikih about wage-upah has been divided into two ideas, according to Hanafi Fikih, many laws based on traditional culture, because many expressions common by al-Ma'ruf 'urfan ka al-Masyruth Syarthán, wa al-Tsabit bil 'urf ka al-Tsabit bi al-Nash (well done based on tradition similar to the value with conditions must be filled and well done on tradition with the value on nash. This is called by qawlun qodím.Besides of Hanafi fiqh, (Shafi'iyah, Hanbali and Maliki schools) all Ulama decided together that 'urf ṣaḥīḥ (in Qawlun Jadid) can be formed by hujjah along it's never be contradicted with syara' Ulama Malikiyah was familiar because of their statement that Ulama Madinah can be formed into Hujjah, and this is based on culture (norm tradition), as is culture done by citizen of Tanjungbalai in marriage using wages.
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.
Fulfillment of Workers' Rights to Rest and Leave in Employment Relations According to Labor Law Maria MT Manurung; Diah Syafitri Siregar
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.v7i2.29024

Abstract

Problems in employment relations are often characterized by the failure to fulfill workers' rights to rest and leave, even though these rights play a crucial role in maintaining worker health and maintaining company productivity. This situation indicates a gap between normative regulations and actual employment practices. This study aims to examine employers' obligations to fulfill workers' rights to rest and leave under Indonesian labor law, and to examine the forms of legal protection available to workers in the event of violations of these rights. The research method used is normative juridical research with a statutory approach and a literature review of relevant laws and regulations. The results indicate that the right to rest and leave is a normative worker right that employers must fulfill, as stipulated in Law Number 13 of 2003 and Government Regulation Number 35 of 2021. Violations of these provisions can result in administrative and criminal sanctions for employers. Legal protection for workers is provided through labor supervision and industrial relations dispute resolution mechanisms. This study confirms that effective supervision and clear regulations in company regulations are necessary to ensure the fulfillment of workers' rights to rest and leave.
Implementation of Public Service Standards Based on Law in Indonesia Muhammad Amalan Pasaribu; Osama Bhinneka Pulungan
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.v6i2.29091

Abstract

The implementation of public service standards in Indonesia is a crucial part of efforts to realize effective, transparent, and accountable governance. Public service standards are regulated in Law Number 25 of 2009 concerning Public Services, which serves as a guideline for every service provider in providing quality services to the public. This study aims to examine the implementation of public service standards based on statutory provisions and identify various obstacles encountered in their implementation. The method used in this research is a normative legal approach by examining various laws and regulations, literature, and concepts related to public services. The results of the study indicate that normatively, public service standards have covered important aspects such as service procedures, completion time, costs, service products, facilities and infrastructure, and implementer competence. However, in practice, various problems are still found, including limited human resources, lack of supervision, suboptimal use of technology, and low public participation in the service evaluation process. Furthermore, there is a disparity in service quality between urban and remote areas, indicating uneven implementation of public service standards. Therefore, efforts are needed to increase the capacity of civil servants, strengthen oversight systems, and innovate in information technology-based services. This is expected to ensure optimal implementation of public service standards, increase public trust in the government, and ensure the fulfillment of community rights fairly and equitably.
Analysis Of Islamic Law Regarding The Crime Of Drinking Alcohol (Syubul Khamr) Misdin Arifin HM; Naufal Fadhilah
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.v5i2.29141

Abstract

This study aims to analyze the crime of drinking alcohol (syurbul khamr) from an Islamic legal perspective, emphasizing the normative basis, forms of prohibition, and sanctions stipulated in the Shari'a. Alcohol, as an intoxicating beverage, is expressly prohibited in the Qur'an and Hadith because it can damage the mind, which is one of the main objectives of safeguarding the maqashid sharia. This study uses a qualitative method with a juridical-normative approach through a literature study of classical and contemporary Islamic legal sources. The results show that the prohibition of alcohol is not only moral, but also has a strong legal dimension with the existence of hudud sanctions for perpetrators. In addition, Islam also applies a preventive approach by prohibiting all activities related to alcohol, including production, distribution, and consumption. In the contemporary context, law enforcement against this crime faces various challenges, but the values contained remain relevant in maintaining social order and community morals. Thus, the prohibition of alcohol in Islam aims to protect individuals and society from physical, mental, and social damage.
Changes in Malay Traditional Law From A Sociological and Legal Anthropological Perspective Ending Solehudin; Yovani Zela
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.v4i2.29164

Abstract

This study aims to analyze changes in Malay customary law from the perspectives of legal sociology and legal anthropology, and to identify the factors influencing these changes. Malay customary law, as living law, is a system of norms that grows and develops within society, regulating various aspects of life such as marriage, inheritance, and social relations. Over time, customary law has undergone transformation due to the influence of Islam, colonialism, modernization, and globalization. This study uses a deductive method with a normative approach based on a review of relevant literature and legal materials. The research results show that Malay customary law has undergone both normative and socio-cultural shifts. From a legal sociology perspective, these changes are influenced by the dynamics of social structures and the dominance of state law, often resulting in customary law being subordinate to positive law. Meanwhile, from a legal anthropology perspective, these changes occur due to transformations in values, lifestyles, and cultural interactions within the community. Nevertheless, Malay customary law remains a cultural identity that continues to adapt to the needs of modern society. Thus, changes in Malay customary law represent a form of adaptation to changing times, but also pose challenges in maintaining the continuity of traditional values. Therefore, synergistic efforts between the community, government, and customary institutions are needed to preserve the existence of customary law in national legal life.
Response of Women Activists To the Implementation of the Mayor of Banda Aceh's Instructions NO. 2 of 2015 Manswab Mahsen Abdulrahman; Rafiqa Rafiqa
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.v1i2.670

Abstract

Based on the theory of social construction, justice, Women in Development (WID) and Women and Development (WID). This paper tends to responses of women activists againts the mayor of Banda Aceh Instructions no 2 yers 2015. sources of data obtained through legal research are empirical. Through data analysis and discussion, research shows that (1) The results of responses of women activists in Banda Aceh contributed to broaden understanding of the gender perspective of Islamic sharia in Aceh is KKTGA organization, disagree with the imposition of hours of night work for women, because it obstructs women's profession, and the violence is not outside but at home. Aceh GeRAK organization disagrees with the reasons enough that rule does not need to be applied because of existing tradition. Different from the organization LKBHuWK even agrees with the premise of maintaining the dignity of women. According to KKTGA that Islamic syari'at is a gender perspective rather difficult to implement in Aceh for Acehnese understand the law only written in the Qanun. (2) This case, these three organizations to criticize the wisdom do not need to be restricted, the law sharply upwards and downwards blunt need evaluation, and must have their own consciousness. (3) Three of these organizations provide solutions including Islamic law should be firm, more attention to small communities and active in socializing any regulations made.

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