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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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Shipping Opinions Through Demostrations Which Cause Road Mohammad Amir Bin Wan Harun; Putri Syakilah
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.v3i2.29167

Abstract

Expressing opinions in public is an act that is permitted and legally protected by law. In general, everyone has the right to freedom of opinion, assembly, and expression as regulated in Article 28E Paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Furthermore, these rights are also regulated under Law Number 9 of 1998 concerning Freedom of Expression in Public and Law Number 2 of 2002 concerning the Indonesian National Police. Freedom of expression is a fundamental human right owned by every citizen and serves as an important element in the implementation of democracy in Indonesia. However, in practice, the exercise of expressing opinions through demonstrations often creates problems that may undermine democratic values themselves. Demonstrations occasionally develop into anarchic actions, including acts of violence, destruction of public facilities, disruption of public order, and traffic congestion that negatively affect surrounding communities. Such conditions may cause material and immaterial losses and create social unrest. This study aims to analyze the legal regulations governing demonstrations in Indonesia and examine law enforcement efforts against demonstrators who engage in anarchic behavior. The research uses a normative legal research method with statutory and conceptual approaches by analyzing relevant laws and legal literature. The findings indicate that although freedom of expression is constitutionally guaranteed, its implementation must remain within the limits established by law and respect public order, security, morality, and the rights of others. Therefore, effective law enforcement and increased public legal awareness are necessary to ensure that demonstrations remain peaceful, orderly, and consistent with democratic principles and the rule of law.
Distribution of Inheritance in the Javanese Ethnic Community of Bilah Barat District Labuhan Batu Regency From the Perspective of Islamic Law Syauqon Hilali Nur Ritonga
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.v2i2.5116

Abstract

The dividing of inheritance on Javanese civil of sub-regency Blade Barat the Regency of Labuhan Batu on Islamic law study that the dividing of inheritance is dividing inheritance based on system sagendhong sapikul and sighar semangka and divided the inheritance based on five pillars of system, those are; a) Angayani, b) Angomahi, c) Angayomi, d) Angayemi and e) Angamatjani. And the Islamic law sees it that the dividing inheritance no fitting to Islam's verse on the Koran and hadith both based on maharis study or faráidh study. It means the certain of dividing inheritance on Javanese ethnic of sub-regency Bilah Barat based on justice system, meanwhile on the Koran shows the boy has gotten two more then woman's right. And the effect approaches to three fights are the murder, fomenter, and stamping on close.
The Authority of Religious Courts in Resolving Sharia Economic Disputes in Indonesia Romel Tarigan
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.v10i1.30962

Abstract

The development of the sharia economy in Indonesia has increased the need for a dispute resolution system that is able to provide legal certainty in accordance with sharia principles. The expansion of the authority of the Religious Courts through amendments to the Religious Courts Law is an important foundation in resolving sharia economic disputes. This research aims to analyze the legal basis of the authority of the Religious Courts in resolving sharia economic disputes and to examine the effectiveness of the implementation of this authority in providing legal protection for the parties. The research uses normative legal research methods with a legislative approach and a conceptual approach. Legal materials are obtained through literature studies consisting of laws and regulations, books, scientific journals, and other literature related to sharia economics and Religious Courts. All legal materials are analyzed qualitatively using descriptive-analytical methods. The results of the study show that the authority of the Religious Court in resolving sharia economic disputes has provided legal certainty regarding the institution authorized to adjudicate disputes arising from transactions based on sharia principles. However, the effectiveness of its implementation is still influenced by the quality of human resources, the complexity of sharia economic transactions, and the need for institutional capacity building. Therefore, strengthening the competence of judges, optimizing mediation mechanisms, and improving coordination between institutions is an important step in increasing the effectiveness of resolving sharia economic disputes through the Religious Court. Thus, the Religious Court has a strategic role in supporting the development of the sharia economy and providing legal certainty for the community.
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.
Human Rights and the Rule of Law from the Perspective of Constitutional Democracy Triana Putri Siregar; Sofia Zuhro Zein Pulungan
AT-TAFAHUM: Journal of Law Vol 9, No 1 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v9i1.29142

Abstract

In the context of modern democracy, human rights (HAM) serve as the primary foundation for creating a just and sustainable social life. A state based on the rule of law, which upholds the principle of the supremacy of law, plays a crucial role in ensuring the protection and enforcement of human rights. This concept emphasizes that all citizens, including the government, are subject to the same law, thus preventing abuse of power and discriminatory practices.In Indonesia, human rights values are embedded in the Pancasila and the 1945 Constitution, but their implementation still faces various obstacles such as corruption, social inequality, and violations against minority groups. This research uses a normative-juridical approach through literature review and conceptual analysis. The results indicate that strengthening the rule of law can be achieved through judicial independence, improved legal education, and active public participation. Furthermore, globalization also influences the alignment between human rights and the rule of law through various international instruments. Therefore, strengthening the rule of law is crucial for realizing a just and inclusive society.
The Role of Law in Achieving Public Welfare Ahmad Nizar Mohammad Syamwil; Reza Alfian Lubis
AT-TAFAHUM: Journal of Law Vol 7, No 1 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v7i1.29077

Abstract

The purpose of establishing a state is essentially to realize the welfare of the people. The government, as the state administrator, formulates this goal into responsive, aspirational, and progressive laws and regulations according to the needs of the community. To ensure that these laws are truly grounded, law enforcers, particularly judges as the spearhead of law enforcement, must not only focus on legal certainty (rechtsvaardigheit), but also prioritize the values of justice that live, grow, and develop within society. The role of law in realizing the welfare of the people must be reflected both in the substance of the law and the moral integrity of law enforcement officials, especially judges in adjudicating cases. Therefore, implementing the welfare of the people requires synergy between regulations that favor the public and law enforcement that is substantive, not merely procedural, justice. Justice directly experienced by the people is a primary indicator of achieving national prosperity.
Definition, Function, and Scope of Legal Drafting Suwandi Suwandi; Muhammad Prian Dani
AT-TAFAHUM: Journal of Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v6i1.29191

Abstract

Indonesia, as a nation governed by the rule of law, demands high-quality legal products to ensure legal certainty, justice, and the benefits of law in social and state life. However, in practice, various legal problems are still frequently encountered due to poor drafting of legal documents, such as regulations with multiple interpretations and unclear contracts. Therefore, this study aims to comprehensively examine the definition, function, and scope of legal drafting as an important basis for the formation of good legal documents. The research method used is normative legal research with a qualitative approach through library research, by reviewing various literature, journals, and the opinions of relevant experts. The results show that legal drafting is a process of preparing legal documents that requires precise language, clear systematics, and a deep understanding of legal substance. Legal drafting has an important function in creating legal certainty, regulating and controlling behavior, providing legal protection, and serving as a guideline for dispute resolution and a means of social engineering. The scope includes legislative drafting, contract drafting, regulatory drafting, and judicial drafting. In conclusion, good mastery of legal drafting is essential for legal students and practitioners to be able to produce quality, clear legal documents that do not give rise to multiple interpretations, thereby supporting the creation of an effective and just legal system.
Online Buying And Selling In The Pre-Order System From An Islamic Legal Perspective Ahmad Nizar Mohammad Syamwil; Mhd Soleh Hasibuan
AT-TAFAHUM: Journal of Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i1.29221

Abstract

Online buying and selling using a pre-order system is a modern form of transaction in muamalah activities that has developed along with advances in digital technology. This system allows buyers to place orders and pay in advance, while the goods are delivered at a later date according to the agreement between the seller and buyer. From an Islamic legal perspective, this practice bears similarities to the salam contract, which is a transaction involving advance payment and future delivery of goods. This study aims to analyze the pre-order buying and selling mechanism and assess its compliance with Sharia principles. The results indicate that pre-order transactions are essentially permissible as long as they meet the pillars and conditions of the contract, such as clarity of the goods, price, delivery time, and a clear agreement between the two parties. However, this practice also has the potential to pose risks such as unclear goods, delayed delivery, and elements of gharar (unclear risk), which can harm one of the parties. Therefore, the principles of transparency, honesty, and responsibility are required in its implementation to comply with the values of justice in Islamic law.
MONEY LAUNDERING CRIME Abdullah Jalil
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.v4i1.29035

Abstract

Money laundering is a complex crime that exploits the financial system to disguise the origins of criminal assets. This study aims to analyze the law enforcement mechanisms for money laundering in Indonesia based on Law Number 8 of 2010. The main focus of the study is to review the strategic roles of the Financial Transaction Reports and Analysis Center (PPATK), the Police, and the Prosecutor's Office in the law enforcement chain. Using normative legal research methods, the study results indicate that the effectiveness of money laundering eradication depends on a follow-the-money approach. The PPATK functions as financial intelligence, the Police as the primary investigator, and the Prosecutor's Office as both prosecutor and asset executor. Synergy between these three institutions is crucial to ensuring maximum state asset recovery.
Implementation Of Decisions On Inheritance Disputes Resolved Through Mediation At The Lhoksukon Syar'iyah Court: Case Study On Decision Number: 493/PDT.G/2015/MS-LSK Imamuddin Imamuddin; Sabarudin Sabarudin
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.v1i2.664

Abstract

The division of inheritance sometimes runs smoothly without any dispute at all, sometimes it must go through a dispute. The division of inheritance that is carried out through a dispute can often be resolved through peace but sometimes it must take legal action through a lawsuit to the court. The division of inheritance that runs without dispute also needs to be determined by the court, this is to avoid undesirable things. This type of research is normative legal research conducted at the Lhoksukon Syar'iah Court. The nature of this research is descriptive, namely defining systematically, factually and accurately which focuses on discussing the implementation of decisions on inheritance disputes resolved through mediation at the Lhoksukon Syar'iah Court. The theory used in writing this thesis is maslahah. The results of the study indicate that the submission of the lawsuit uses a request method addressed to the Chief Justice of the Court. The mediation resume is formulated by the parties immediately after the case title hearing and discussed with the Mediator during the first mediation, the Mediator reports it to the Case Examining Judge in writing by attaching the peace agreement. The examining judge issued a decision to the parties to the case in the form of an order to comply with the contents of the agreement in the peace deed and to pay court costs.

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