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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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Marriage Confirmation: Secret Marriage And Division Of Joint Assets Muhammad Adami
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.v1i1.957

Abstract

One of the consequences of divorce from a sirri marriage or underhand marriage is related to the wife's share of the joint property. This is because in a sirri marriage or underhand marriage there are no provisions regarding the division of joint property. Provisions regarding the division of joint property are only regulated in registered marriages as stipulated in the Compilation of Islamic Law, Article 7, number 3 letter (a), that marriage confirmation provides a way for the interests of husbands and wives who have had a sirri or underhand marriage to be registered under state law. From an empirical legal perspective, the 120 people who participated in the marriage confirmation hearing on April 21, 2017, which was first held in Hamparan Perak sub-district, Deli Serdang, are proof that the community believes that marriage confirmation is the best solution.
Law Enforcement Against Defamation Perpetrators Through Instagram Social Media Nur Hidayah; Annisa Larasati Simanjuntak
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.v3i2.29092

Abstract

The rapid development of information and communication technology has significantly influenced social interaction and public communication through digital platforms, including social media such as Instagram. While technological advancement provides many benefits, it also creates opportunities for misuse, including defamation and insults committed through electronic media. Defamation on social media can harm a person’s honor, reputation, and psychological well-being, making it an important legal issue in Indonesia. This study aims to analyze the implementation of criminal sanctions against perpetrators of defamation through Instagram, identify factors inhibiting law enforcement, and examine legal protection provided to victims. This research uses a normative juridical approach with qualitative methods through literature studies by analyzing legislation, legal materials, and court decisions related to defamation and electronic information. The results show that criminal sanctions for defamation through social media are regulated under Article 27 paragraph (3) of the Electronic Information and Transactions Law and several provisions of the Criminal Code concerning defamation and slander. However, the enforcement of these regulations remains constrained by weak law enforcement, limited facilities, inadequate public legal awareness, and challenges in cybercrime investigations. Victims of defamation are entitled to legal protection through complaint mechanisms, witness and victim protection institutions, and content removal procedures within electronic systems. Therefore, stronger law enforcement, improved digital literacy, enhanced cyber investigation capacity, and greater public awareness are necessary to reduce cases of online defamation and ensure legal protection for victims in Indonesia’s digital environment.
Girls Children's Acquisition Rights in Division Inheritance According to Munawir Sjadzali (A Study of the Implementation of the Distribution of Inheritance in the Tradition of the Muslim Batak Tribe and the Minang Tribe in Sidikalang City) Muhammad Sanif
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.v2i2.5594

Abstract

This study describes the thoughts and arguments of Munawir Sjazali through the idea of reactivating Islamic law in inheritance law. Where girls get the same rights as boys equal 1: 1 which is associated with the implementation study of the distribution of inheritance in the traditions of the Muslim Batak tribe and the Minang tribe in the City of Sidikalang. The type of research in writing this thesis is empirical juridical research. With fields and library data collection techniques. The data collection tools are document studies, interviews and observations. Then the data is processed and analyzed descriptively. The results of the research obtained were: First, Munawir Sjadzali gave equal rights between male and female heirs 1: 1. Based on the arguments of the sociological-historical aspects of humanity, that is worldly benefit which will bring humanity to the benefit of ukhrawi. Second, in the tradition of the Muslim Batak tribe and the Minang tribe in the City of Sidikalang the system of inheritance distribution has shifted from customary law to a system of deliberation caused by factors: economic factors, educational factors, factors to maintain the integrity of kinship, factors maintaining the integrity of the fraternity. Third, the implementation or implementation of the distribution of inheritance equals 1: 1 in the tradition of the Muslim Batak tribe and the Minang tribe in Sidikalang city explicitly or markedly not initiated or influenced by Munawir Sjadzali's thoughts, but implicitly or implicitly has the same spirit values as Munawir's thinking Sjadzali.
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.
Utilization of Commercial Law to Promote Public Welfare and Legal Certainty for Business Actors Ahmad Yani Anshori; Alya Rayana Siregar; Aicha Azdina Adly Fesya
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.v7i2.29059

Abstract

Commercial law plays a fundamental role in establishing legal certainty, protecting business actors, and promoting sustainable economic development. As commercial transactions continue to expand in both domestic and international markets, a comprehensive legal framework becomes increasingly essential to regulate business activities, prevent disputes, and ensure fair competition. This study aims to analyze the role of commercial law in enhancing legal certainty and supporting public welfare within the Indonesian legal system. The research employs a normative legal research method using statutory, historical, and comparative approaches. Data were collected through a comprehensive review of legal literature, including legislation, legal doctrines, scholarly publications, and relevant legal theories. The findings indicate that commercial law serves as a vital legal instrument governing contractual relationships, corporate activities, trade, investment, and dispute resolution. The Indonesian Commercial Code (KUHD), the Civil Code (KUH Perdata), and sector-specific legislation provide the primary legal foundation for commercial transactions. The study further reveals that the validity of contracts, as stipulated in Article 1320 of the Civil Code, together with the principles of good faith and pacta sunt servanda, plays a crucial role in maintaining legal certainty and minimizing commercial disputes. Furthermore, dispute resolution mechanisms through litigation and alternative dispute resolution, including negotiation, mediation, and arbitration, contribute significantly to efficient conflict resolution while preserving business relationships. The study concludes that the consistent implementation of commercial law not only strengthens legal protection for business actors but also fosters a favorable business climate, supports the development of micro, small, and medium enterprises (MSMEs), and contributes to sustainable economic growth and public welfare in accordance with the objectives of the 1945 Constitution of the Republic of Indonesia.
The Essence of Islam: Conceptual Analysis between Aqidah, Sharia, and Morals Madya Dr. Jasni bin Sulong; Himmatul Khoiriyah
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.v6i2.29126

Abstract

Islamic law represents a comprehensive legal system derived from divine revelation that governs various aspects of human life. Understanding its philosophical foundation is essential to distinguish between the immutable principles of Sharia and the dynamic interpretations developed through fiqh and ushul fiqh. This study aims to analyze the concepts of Sharia, fiqh, and Islamic law and to examine the philosophical relationship among these three fundamental elements within the framework of Islamic legal philosophy. The research employs a normative juridical method using conceptual and theological-normative approaches. Primary legal materials consist of the Qur'an and Hadith, while secondary and tertiary sources include classical and contemporary scholarly works, scientific journals, books, dictionaries, and encyclopedias. Data were collected through library research and analyzed using a descriptive-analytical method. The findings reveal that Sharia constitutes the divine and absolute legal foundation established by Allah, whereas fiqh represents the human understanding and interpretation of Sharia through the process of ijtihad. Ushul fiqh functions as the methodological framework that guides the derivation and formulation of Islamic legal rulings from their authoritative sources. The study further demonstrates that these three components are inseparable and collectively establish a coherent legal system that balances revelation with rational reasoning. A philosophical approach to Islamic law highlights not only its normative character but also its underlying objectives, including justice, public welfare (maslahah), and the realization of the maqasid al-shariah. Consequently, Islamic law should be understood as a dynamic legal system capable of responding to contemporary social developments while maintaining its essential religious values and universal principles.
Analysis Of Islamic Law On Bank Interest: Comparison Of The Concepts Of Usury And Modern Banking Achyar Zein; Fitra Ardiansyah
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.v5i2.29203

Abstract

This study examines the concept of bank interest from the perspective of fiqh muamalah by analyzing its legal status, characteristics, and relevance within the contemporary banking system. The research employs a qualitative normative legal approach based on library research, utilizing conceptual and comparative methods. Primary sources include the Qur'an and Hadith concerning the prohibition of riba (usury), while secondary sources consist of classical and contemporary Islamic jurisprudence literature, scientific journals, and references on Islamic and conventional economics. Data were collected through literature review and analyzed descriptively and qualitatively to compare the opinions of classical and contemporary Islamic scholars regarding bank interest. The findings indicate that bank interest serves as the principal mechanism in conventional banking, functioning as compensation for deposits and charges on loans while supporting banking operations, investment, and economic growth. Nevertheless, from the perspective of classical Islamic jurisprudence, bank interest is generally regarded as a form of riba because it involves an additional payment on the principal of a loan without productive economic activity, making it prohibited under Islamic law. Contemporary scholars, however, present more diverse interpretations. While many continue to classify bank interest as prohibited, others distinguish modern bank interest from classical riba by considering its economic function, the absence of exploitation, and the principles of necessity (ḍarūrah) and public interest (maṣlaḥah). The study further reveals that the debate over bank interest extends beyond legal considerations to broader economic and social dimensions, including financial justice, inequality, and sustainable economic development. It concludes that understanding bank interest requires a contextual and comprehensive approach that balances adherence to Islamic legal principles with the realities of modern financial systems. Strengthening Islamic financial institutions is therefore recommended as a practical alternative for achieving economic justice while remaining consistent with the objectives of Sharia.
Criminal Acts of Terrorism and Treason Hisam Ahyani; Muhammad Hisam Hasibuan
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.v4i2.29174

Abstract

Terrorism is a transnational crime that poses a serious threat to national security, public safety, and social stability. It is characterized by the systematic use or threat of violence to create widespread fear and achieve political, ideological, or religious objectives. The increasing complexity of terrorist activities requires not only effective law enforcement but also a comprehensive understanding of the social, political, and economic factors that contribute to radicalization. This study aims to analyze the concept of terrorism, its characteristics, causes, legal regulation, and its impacts on society. The research employs a qualitative approach using a library research method. Data were collected from secondary sources, including scientific books, academic journals, legislation, and other relevant legal documents, particularly Law Number 15 of 2003 concerning Criminal Acts of Terrorism. The collected data were analyzed descriptively and analytically to identify the relationships among concepts and provide a comprehensive understanding of terrorism. The findings indicate that terrorism is an extraordinary crime characterized by organized networks, ideological indoctrination, and strategic acts of violence directed not only at individuals but also at public facilities and state institutions. The study further reveals that terrorism is driven by multiple factors, including social inequality, poverty, political injustice, weak governance, identity conflicts, and religious radicalism. Its impacts extend beyond physical destruction, affecting political stability, economic development, public trust, and psychological well-being. Indonesian law has established a legal framework to combat terrorism through criminal sanctions and preventive measures; however, legal action alone is insufficient. Effective counterterrorism requires an integrated strategy that combines law enforcement, education, poverty reduction, promotion of religious moderation, community participation, and inter-agency cooperation. Such a comprehensive approach is essential to strengthen national resilience, prevent radicalization, and ensure long-term peace and security.
The Effectiveness of the Implementation of Local Regulations on Muslim Women's Clothing In Encouraging Implementation of Islamic Teachings: A Case Study At State Senior High School 5 In Padangsidimpuan City Mhd. Nur Husein Daulay
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.v1i1.671

Abstract

The effectiveness of implementing regional regulations on Muslim clothing for men and women in encouraging. The implementation of Islamic teachings (Case Study at State Senior High School 5 in Padangsidimpuan City) is a study of regional autonomy or decentralization starting from the division of authority from the central government to regional governments. This regional regulation is a response to the real conditions related to the decline in morality and ethics of students, especially in senior high schools. This study describes the problem in detail. comprehensive, holistic, integrative, as a characteristic of qualitative research. Research is focused on understanding the effectiveness of implementing the use of Muslim clothing for men and women using a public policy approach as a tool for analyzing policy. The focus of this policy's target audience is: school students and educational units as implementers and supervisors of the policy. (2) The outline of the Padangsidimpuan city government's policy formulation regarding the use of Muslim clothing for men and women cannot be separated from key actors (key actors) involvement stakeholders and cross-party advocacy in the policy-making process and mechanisms implementation. (3) The implementation of the policy is running well.
Legal Understanding of Medan City Suburbs Regarding Employed Children Case Study Analysis in West Medan District Muhammad Ramadhan; Muhammad Luthfi Daulay
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.v3i2.29161

Abstract

Indonesia as a state based on the rule of law guarantees the protection and fulfillment of human rights, including children’s rights and the right to decent work as regulated in the 1945 Constitution. However, despite legal protections, child labor remains a persistent issue influenced by economic, social, cultural, and environmental factors. Children who should spend their time learning, playing, and developing physically and mentally are often forced to work due to poverty, family pressure, cultural values, and limited legal awareness. This condition may expose children to exploitation, unsafe working environments, limited educational opportunities, and psychological as well as physical harm. This research aims to analyze legal protection for child laborers, factors causing children to work at an early age, psychological impacts experienced by child workers, and legal sanctions against employers who violate labor regulations. The study employs an empirical legal research method using observation and interviews supported by library research through primary legal materials, legislation, and secondary legal references. The findings indicate that economic hardship is the dominant factor encouraging child labor, while weak legal awareness and cultural acceptance also contribute significantly. Child labor negatively affects children’s physical growth, cognitive development, psychosocial conditions, and access to education. Indonesian laws, particularly Law Number 13 of 2003 concerning Manpower, provide protection and criminal sanctions against violations involving child labor. Therefore, strengthening legal enforcement, increasing public legal awareness, improving educational access, and enhancing government supervision are necessary to reduce child labor and ensure children’s rights are fully protected for sustainable social development.

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