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INDONESIA
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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Schools In the Fatwa of the National Sharia Council of the Indonesian Ulama Council (Analysis of Mudharabah, Musyarakah and Murabahah) Aicha Azdina Adly Fesya; Acme Admira Arafah
AT-TAFAHUM: Journal of Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v2i1.5101

Abstract

There are different types of mazhab adopted in the Fatwa of DSN-MUI related to musharaka, mudaraba and murabaha. In the fatwa of the DSN-MUI on Musharaka, both in terms of material content and applicative, if observed substantially, it tends more towards Hanafi's madhhab. However, the DSN-MUI fatwas about Mudharabah were different, the DSN-MUI fatwa is mostly to be taken and agreed on a legal basis by Syafi'i as its fatwa. While the DSN-MUI fatwa on Murabaha, the legal basis and the determination substance of the fatwa material, more relies on the same proportion as the four madzhab known so far. Thus, in giving the DSN fatwa to be implemented in Indonesia, the Indonesian Council of Ulama's had to refer to the various madhhab. Although there are several provisions that are adapted to the conditions of the times, still fatwas do not violate the general rules that have been submitted by the first madhhab.
Optimizing Online Dispute Resolution (ODR) in Joint Property Dispute Resolution After Divorce in Indonesia Kamaluddin Pane
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.v10i1.30960

Abstract

The settlement of joint property disputes after divorce in Indonesia is generally still pursued through litigation mechanisms in court, which in practice often takes a relatively long time, high costs, and has the potential to worsen the relationship between the parties. The development of information technology has given birth to Online Dispute Resolution (ODR) as an alternative dispute resolution that offers a faster, more efficient, and more flexible process. However, the implementation of ODR in resolving joint property disputes in Indonesia still faces obstacles in the form of the absence of legal arrangements that specifically regulate the mechanisms, procedures, and legal force of online dispute resolution. This study aims to analyze the urgency of the implementation of ODR in resolving joint property disputes after divorce and examine efforts to optimize its application in a positive Indonesian legal perspective. This research uses normative legal research methods with a statutory approach and a conceptual approach. Legal materials are obtained through literature studies consisting of primary, secondary, and tertiary legal materials, then analyzed qualitatively by descriptive-analytical methods. The results of the study show that although Indonesia's positive law has not comprehensively regulated ODR, the provisions in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, Law Number 11 of 2008 concerning Information and Electronic Transactions and its amendments, and Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court provide a normative basis for the use of technology in dispute resolution. Optimizing ODR requires harmonizing regulations, strengthening the capacity of mediators, and providing digital platforms that ensure legal certainty, data security, and protection of the rights of parties. Thus, ODR has the potential to become a complementary mechanism in resolving joint property disputes that is able to realize the principle of simplicity, fast, low-cost, and expand access to justice.
The Development of Anthropology in Indonesia Farhan Fathur Rahman; Prawira Amanda Putra Siagian
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.v8i1.29133

Abstract

Anthropology is a branch of social science that studies humans holistically, from cultural and social aspects, as well as the value systems that develop in society. Indonesia, as a country with diverse ethnicities, languages, customs, and social systems, is a very important area of study in the development of anthropology. This article aims to describe the history of anthropology's development, the development of anthropology in Indonesia, and its relevance in understanding the socio-cultural and legal life of society. This research uses a literature study method with a qualitative descriptive approach through data collection from books, scientific journals, and relevant literature. The research stages are carried out through source identification, data classification, content analysis, and interpretation of literature findings. The results of the study show that anthropology has developed from ethnographic records during the colonial period to a systematic and modern scientific discipline. In Indonesia, the development of anthropology underwent a significant transformation after independence through Koentjaraningrat's contribution to the institutionalization of anthropological science and strengthening of national scientific identity. The discussion emphasizes that anthropology in Indonesia is now developing on contemporary issues such as urbanization, globalization, legal pluralism, and digital culture. Thus, anthropology has a strategic role in understanding the complexity of pluralistic and dynamic Indonesian society.

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