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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 Protection Rights For The Elderly In Medan Amplas District According To Law No. 13 1998 And Islamic Law Uswatun Hasanah
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.v2i2.5124

Abstract

The studies about "The Rights of Social Protection for Aged in Medan Amplas based on Law No. 13 of 1998 and Islamic Law". The study will investigate how is the implementation of the rights of social protection for aged in Medan Amplas based on Law No. 13 of 1998, how is the implementation of the rights of social protection for aged in Medan Amplas based on Islamic Law and what is the problem and solution in implementing the social protection for aged in Medan Amplas. The findings showed that the rights of social protection for aged in Medan Amplas were not fulfilled properly. It was based on the information which had been obtained from the Social Services of Medan and also the observations and interviews which had been carried out. They were the right to get ASLUT (The social assistance for Aged) and PKH (The Prospects of Family Program). Most of the elderly did not get those kinds of aid. Moreover, there were only 175 aged who got the ASLUT in Medan. The information has been found that the limitation of funds from the government caused the rights for most aged did not fulfill well. The case can be a good input for the government to increase the funds for the elderly to fulfill their rights of social protection
Choice Of Law dalam Penerapan Pembagian Harta Warisan Perspektif UU dan Fiqh Suhardiman Suhardiman
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.v10i1.30958

Abstract

Hukum waris merupakan salah satu bagian dari hukum perdata secara keseluruhan dan merupakan bagian terkecil dari hukum keluarga. Hukum waris sangat erat kaitannya dengan ruang lingkup kehidupan manusia, sebab setiap manusia pasti akan mengalami peristiwa hukum yang dinamakan kematian. Akibat hukum yang selanjutnya timbul, dengan terjadinya peristiwa hukum kematian seseorang, diantaranya ialah masalah bagaimana pengurusan dan kelanjutan hak-hak dan kewajiban-kewajiban seseorang yang meninggal dunia tersebut.[1] Penyelesaian hak-hak dan kewajiban-kewajiban sebagai akibat meninggalnya seseorang, diatur oleh hukum waris.Hukum waris di Indonesia hingga kini masih sangat pluralistik (beragam). Di wilayah Negara Kesatuan Republik Indonesia berlaku bermacam-macam sistem hukum kewarisan, yakni hukum waris adat, hukum waris Islam dan hukum waris Barat yang tercantum dalam Burgerlijk Wetboek (BW). Keanekaragaman hukum ini semakin terlihat karena hukum waris adat yang berlaku pada kenyataannya tidak bersifat tunggal, tetapi juga bermacam-macam mengikuti bentuk masyarakat dan sistem kekeluargaan masyarakat Indonesia. 
Basic Human Rights Instruments in the Perspective of International and National Law Maslathif Dwi Purnomo; Hairul Anam
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.v8i2.29029

Abstract

Human rights are fundamental rights inherent to every individual by virtue of being human and constitute the foundation of justice, equality, and human dignity. The protection and promotion of these rights require comprehensive legal instruments at both the international and national levels to ensure their effective implementation. This study aims to examine the fundamental instruments of human rights, analyze their legal foundations, and evaluate the mechanisms for human rights protection and enforcement in Indonesia. The research employs a normative legal approach based on literature review, utilizing secondary data derived from legal documents, scholarly publications, and relevant legal theories. The collected data were analyzed descriptively and qualitatively through a systematic examination of international and national legal frameworks. The findings reveal that human rights protection is supported by two principal categories of legal instruments: international instruments, including the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW); and national instruments, including the 1945 Constitution, Pancasila, Law No. 39 of 1999 on Human Rights, and other relevant legislation. Indonesia has also established specialized institutions, such as the National Commission on Human Rights (Komnas HAM), the Human Rights Court, the Indonesian Child Protection Commission (KPAI), the National Commission on Violence Against Women (Komnas Perempuan), and the Witness and Victim Protection Agency (LPSK), to strengthen human rights enforcement. Nevertheless, significant challenges remain, including weaknesses in law enforcement, institutional effectiveness, and the protection of vulnerable groups. Therefore, strengthening legal institutions, harmonizing international and national human rights standards, and enhancing the capacity of enforcement agencies are essential to ensuring comprehensive and effective human rights protection in Indonesia.
The Act of Murder in QS. An-Nisa 92-94 Darwin Wibowo Sihombing; Siti Hadijah
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.v9i1.29070

Abstract

Murder is one of the most serious crimes in Islam, directly related to the human right to life. This aims to exam in eview Islam regarding action murder based on Al-Qur'an Surah. Paragraph 92 until 94 in An-Nisa explain the difference between intentional and accidental murder, and analyze How values can be applied incontemporary life. The method that used is a qualitative research with an interpretive approach. Research shows that Islam very value values life, provides severe punishment for deliberate killing through the qishas system, and stipulates substitutes in the form of diyat and kafarat for accidental killing. The values contained in the sentence still relevant until currently, especially in help reject violence and fight for justicesocial.
Abuse of Authority Reviewed from the Perspective of State Administrative Law Epan Apanda; Akmal Rifai Hasibuan
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.v7i1.29037

Abstract

Abuse of authority is a fundamental problem in governance that has the potential to undermine the general principles of good governance (AUPB) and reduce public trust in the state bureaucracy. This phenomenon arises when government officials use their authority excessively, mix up their authority, or act arbitrarily, thus deviating from the purpose for which the authority was granted. This study aims to analyze abuse of authority from the perspective of State Administrative Law and examine the legal implications and oversight mechanisms available in the Indonesian legal system. The research method used is normative legal research with a library research approach, through a review of relevant laws and regulations, legal doctrine, and national scientific journals. The approach used includes a statute approach and a conceptual approach to obtain a comprehensive understanding. The results of the study indicate that Law Number 30 of 2014 concerning State Administration has provided a clear normative basis regarding the prohibition of abuse of authority, including review by the State Administrative Court. In addition, strengthening internal and external oversight mechanisms and the application of the principles of accountability and transparency are strategic steps in preventing abuse of authority. This research is expected to provide theoretical and practical contributions in efforts to realize good governance.
Innovative Product and Service Development Based on Customer Needs Guvo Deswarth Purba; Muhammad Rahman Rizqi
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.v6i1.29182

Abstract

The development of innovative products and services is an important strategy in facing increasingly fierce market competition. This study aims to analyze the concept of product development, the process of identifying customer needs, and effective product design in creating added value for consumers. The method used is a literature study with a qualitative descriptive approach based on book sources and scientific references related to entrepreneurship. The results show that the success of product development is greatly influenced by the company's ability to understand customer needs through a systematic identification process, such as customer data analysis and the 5W approach. In addition, structured product design, from planning to design details, is a crucial factor in producing competitive products. Product innovation also plays a key role in creating sustainable competitive advantage. Thus, the integration of innovation, customer needs, and appropriate product design can increase customer satisfaction and support business sustainability in the modern era.
Dynamics Formulation Of The Compilation Of Islamic Law And Role In Realizing Legal Certainty In Indonesian Religious Courts. Hasan Munthe; Adrian Seputro Ginting
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.v5i1.29193

Abstract

This study aims to analyze the formulation process and reference sources of the Compilation of Islamic Law and its urgency in the development of Islamic civil law in Indonesia. The background of this study is based on the conditions before the birth of the Compilation of Islamic Law, which were characterized by the absence of uniform legal references in the religious courts, resulting in legal uncertainty due to differences in interpretation by judges who refer to various classical fiqh books. This study uses a normative juridical method with a historical and conceptual approach, through analysis of legal documents, fiqh literature, and jurisprudence practices. The results show that the Compilation of Islamic Law is a product of collective ijtihad formulated through systematic stages, including the study of fiqh books, interviews with scholars, jurisprudence analysis, and comparative studies with Muslim countries. The reference sources of the Compilation of Islamic Law include the Qur'an, Hadith, ijma', qiyas, and various fiqh books from different schools of thought, which are then contextualized with the social conditions of Indonesian society. The presence of the KHI (Compilation of Islamic Law) plays a significant role in achieving legal unification and certainty in religious courts, while also serving as a codification of Islamic law that adapts to the national legal system. Thus, the KHI serves not only as a normative guideline but also as a crucial instrument for harmonizing sharia values and positive law in Indonesia.
Protection of the Defendant's Human Rights from a Fiqh Perspective (Ta'zir Study and Analysis of Adultery Perpetrators) Hasan Munthe; M Zul Fadhlan Rezeki
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.v4i1.29043

Abstract

This paper examines the protection of the defendant's human rights from the perspective of Islamic jurisprudence (fiqh jinayah) by emphasizing the concept of ta'zīr and linking it to the analysis of adultery perpetrators. Islamic jurisprudence is not solely oriented towards punishment, but also upholds procedural and substantive justice through the application of the presumption of innocence, strict standards of proof, and the principle of proportionality in imposing sanctions. In adultery cases, Islamic law stipulates very strict evidentiary requirements, such as valid confessions or testimony that meets certain criteria, thus providing protection for the defendant from the possibility of wrongful conviction. This study uses a library research method with a normative-analytical approach to primary and secondary sources, including classical fiqh literature and relevant contemporary scientific works. The results of the study indicate that the concept of ta'zīr provides discretionary space for judges to impose sanctions that are educational, preventive, and proportional, especially when the elements of hudūd are not met in adultery cases. This discretion allows the judge to consider social conditions, the level of guilt, and the interests of the accused, so that Islamic jurisprudence not only functions as an instrument of law enforcement, but also as a means of protecting human dignity in line with the principles of human rights.
Hisab Method in Order to Resolve Differences in Arafah Fasting Between Indonesia With Saudi Arabia: A Study of Professor Syamsul Anwar's Thoughts Ahmad Yunan Siregar
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.v1i2.665

Abstract

According to Professor Syamsul Anwar, this rukyat method has various obstacles, including among the natural obstacles is the limited range of rukyat, especially at the beginning of the month, which is visible from the surface of the earth. Therefore, it will differ between countries that have seen it and areas that have not. In other words, rukyat is a universal tool but applies temporally and locally. Therefore, according to him, the method that can unify the beginning of the lunar month is the hisab method because this method is more accurate reliable for now. Which the problems in this research are: (1) how does Professor Syamsul Anwar view Rukyatul Hilal in relation to the beginning of the lunar month, (2) how does Professor Syamsul Anwar think about hisab and (3) what efforts can be made to unify religious moments such as Eid al-Fitr, Eid al-Adha including the differences in the implementation of the Arafah fast between Indonesia and Saudi Arabia. The results of the research show that the rukyat method according to Professor Syamsul Anwar causes many obstacles, because the range of rukyat is limited in its appearance on the surface of the earth, it is possible that the hilal is visible in Saudi Arabia, but not in Indonesia. The hilal may be visible in America but not in Saudi Arabia. Because of the differences in rukyat in various places, the beginning of the month also falls differently, this is different from hisab, because hisab does not experience obstacles with natural factors, because it calculates the actual movement of the moon, so the hisab method can determine the beginning of the month simultaneously throughout the world.
Legal Protection Against Cases of Blasphemy: An Analysis of Legal, Ethical, and Social Impact Aspects In the Context of Freedom Speech Misdin Arifin HM; Anwar Musaddat
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.v3i1.29063

Abstract

The purpose of this study is to analyze the regulation and implementation of Criminal Law regarding the crime of blasphemy. The research method used in this study is a normative research method, namely. legal research, which is carried out to study the laws and regulations that apply to a particular legal problem. The results of this study indicate that Indonesia is a country that recognizes the existence of religion and divinity, therefore the first principle of Pancasila and the preamble to the 1945 Constitution of the Republic of Indonesia expressly state the recognition of divinity in different religions and beliefs. Therefore, everyone must adhere to a certain religious and belief system that is believed to be true. However, every religious community is obliged to maintain harmony between religious communities both in carrying out their religious worship and in implementing the laws they believe in. One of the actions that often causes conflict between religious communities is blasphemy. With the development of information and communication technology (informatics), satire against religion in various virtual media is widely spread both on social media and news media. In order to maintain harmony among religious communities, the government strictly implements the anti-blasphemy law based on various laws and regulations such as the Criminal Code and Law Number 11 of 2016 concerning amendments to Law Number 19 of 2008. Therefore, perpetrators of blasphemy who commit religious acts face the legal consequences of their actions.

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