cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Calvin
Contact Email
muhammadcalviinvin0309@gmail.com
Phone
+6285277109343
Journal Mail Official
jurnalattafahum@uinsu.ac.id
Editorial Address
Jl. IAIN No. 1, Medan, Sumatera Utara, Indonesia, 20235
Location
Kota medan,
Sumatera utara
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
 1   2   3   4   5 
Regional Autonomy and Regional Government Watni Marpaung; Abdul Hakim; Fadil Almahdy Hasibuan
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.v7i2.29041

Abstract

Regional autonomy is a crucial pillar of the Indonesian government system, aiming to grant local governments the authority to regulate and manage government affairs based on local potential and needs. The implementation of regional autonomy is expected to improve the effectiveness of governance, the quality of public services, and promote equitable development across regions. However, the implementation of regional autonomy still faces various challenges, particularly in institutional capacity, fiscal independence, and coordination between the central and regional governments. This study aims to examine the concept, legal basis, implementation, and challenges and efforts to strengthen regional autonomy within the Indonesian regional government system. The research method used is library research with a normative juridical approach, emphasizing the study of relevant laws and regulations and scientific literature. The research stages include the collection of primary and secondary legal materials, qualitative analysis through legal interpretation, and the systematic compilation of the study results. The results indicate that regional autonomy has provided space for local governments to exercise authority more independently, particularly in public services and regional development. However, the effectiveness of its implementation is still influenced by limited human resources, fiscal dependence, and weak oversight. Therefore, it is necessary to strengthen institutions, increase fiscal capacity, and maintain sustainable synergy between the central and regional governments so that the goals of regional autonomy can be achieved optimally.
Women's Rights as Human Rights: A Critique of the Patriarchal Perspective in the Legal System and Its Implementation in Indonesia Muhammad Ramadhan; Ghina Angelina Quraeny
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.v6i2.29031

Abstract

Women's rights constitute an inseparable part of human rights and are recognized in both Islamic teachings and international human rights instruments. Islam upholds the principles of justice, equality, freedom, and mutual respect, affirming that all human beings are equal before Allah, with piety serving as the only measure of distinction. Despite these principles and the existence of numerous international conventions and national legal frameworks, women continue to experience discrimination, violence, and unequal access to political, economic, educational, and social opportunities. This study aims to examine women's rights from the perspectives of Islamic law and the Indonesian legal system while identifying the challenges that hinder the effective realization of gender equality. The research employs a normative juridical approach using descriptive-analytical methods. Data were collected through library research by analyzing primary legal materials, including the 1945 Constitution of the Republic of Indonesia, Law Number 39 of 1999 concerning Human Rights, Law Number 23 of 2004 concerning the Elimination of Domestic Violence, the Universal Declaration of Human Rights (UDHR), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and relevant secondary sources such as books and scholarly journals. The findings reveal that Indonesia has established a comprehensive legal framework to protect women's rights in areas such as politics, citizenship, education, employment, health, legal capacity, and marriage. However, the implementation of these legal protections remains constrained by deeply rooted patriarchal culture, gender stereotypes, institutional barriers, socio-economic inequality, and limited political participation. Moreover, the traditional human rights approach often fails to adequately recognize violence occurring within the domestic sphere as a human rights issue. Therefore, strengthening legal enforcement, promoting gender-sensitive public policies, enhancing women's empowerment, and transforming patriarchal cultural values are essential to ensuring the effective protection and fulfillment of women's rights. These efforts are necessary to achieve substantive gender equality and uphold human dignity in accordance with both Islamic principles and universal human rights standards.
Analysis of the Hadith on the Crime of Sariqah From the Perspective Of Criminal Law (Hudud) Muhammad Amar Adly; Yasmin Raihanah Zaviril
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.v5i2.29194

Abstract

This study examines the concept of sariqah (theft) in Islamic criminal law (fiqh jinayah) from the perspective of the hadith, with particular emphasis on its classification as a hudud offense. Using a qualitative normative legal research method based on library research, the study analyzes primary sources, including the Qur'an and the hadith of the Prophet Muhammad (PBUH), as well as secondary sources such as classical and contemporary Islamic jurisprudence literature, scientific journals, and legal references. Data were collected through documentation techniques and analyzed descriptively and interpretively to identify the legal principles governing sariqah. The findings reveal that not every act of taking another person's property constitutes sariqah subject to hudud punishment. The application of the prescribed sanction requires the fulfillment of strict legal conditions, including the secret taking of property, the attainment of the minimum value (nisab), secure storage of the property (hirz), and the existence of criminal intent. The hadith play a fundamental role in clarifying these requirements and providing practical guidance for implementing the Qur'anic provisions on theft. The study also highlights the principle of syubhat (legal doubt), which prevents the enforcement of hudud penalties whenever uncertainty exists, reflecting the Islamic legal commitment to justice, fairness, and caution. Furthermore, differences among Islamic schools of thought concerning the interpretation of nisab and other legal conditions demonstrate the dynamic and flexible nature of Islamic jurisprudence. In the contemporary context, although hudud punishments remain the subject of legal and human rights debates, the underlying objectives of protecting property rights, preventing crime, and ensuring social justice continue to be highly relevant. The study concludes that a comprehensive and contextual understanding of the hadith is essential for accurately interpreting the concept of sariqah and appreciating the balance between legal certainty, justice, and public welfare embodied in Islamic criminal law.
Systematics of Civil Law In Indonesia and The Netherlands Abdul Hakim; Indri Arsalnah
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.v4i2.29165

Abstract

This study examines the systematics of civil law in Indonesia and the Netherlands through a normative legal research approach. Civil law serves as the basic framework that regulates relationships between individuals in society. The Indonesian civil law system is historically rooted in Dutch law, specifically the Burgerlijk Wetboek (BW), which was introduced during the colonial period. However, over time, Indonesian civil law has evolved to accommodate elements of customary law and Islamic law, resulting in a legal system that is pluralistic and unique. This study uses a statutory approach, a comparative approach, and a conceptual approach, relying on primary, secondary, and tertiary legal materials collected through library research. The analysis is conducted qualitatively through legal interpretation and comparative methods to identify similarities and differences in the legal systems of the two countries. The results show that Indonesia still largely refers to the classical structure of civil law consisting of four books: on persons, objects, obligations, and evidence, which originated from the old Dutch BW. In contrast, the Netherlands has made significant reforms to its civil law system through the Nieuw Burgerlijk Wetboek, which adopts a more modern, flexible, and systematic approach. This study concludes that although both legal systems share a common historical basis, there are significant differences in terms of development and modernization. The Indonesian civil law system is still in a transitional stage, necessitating comprehensive legal reform to create a more adaptive, integrated, and responsive legal system to the needs of modern society.
Analysis of Religious Court Judges' Decisions Class IA City Of Medan: Case Study Of Marriage Confirmation Case Reg Number: 51/Pdt.P/2015/PA Medan Indra Bachri
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.v1i1.672

Abstract

This study starts from a decision of a judge of the Class IA Religious Court of Medan City who accepted and determined the application for Marriage Confirmation registered by Applicant I and Applicant II on behalf of Arifin bin Mhd Isya and Dahniar binti Burhanuddin who were married by the Judge Guardian on behalf of Anwar who in this case has the status of Assistant Marriage Registrar (P3N), then the decision issued by the judge of the Class IA Religious Court of Medan City on the application for Marriage Confirmation submitted by the applicant is legally flawed, because the judge did not take the PMA RI as a consideration, the judge only used the Circular Letter of the Supreme Court Number 3 of 2014 as a consideration where the Religious Court can validate the application for Marriage Confirmation submitted with the consideration of providing facilities to the applicant so that they can complete the population administration and civil registration which ultimately ignores the order of Law Number 1 of 1974 which mandates the Ministry of Religion to register marriages as well as to regulate marriage requirements where the position of the marriage guardian is a very urgent position in a marriage.
Job Offers as A Mode of Human Trafficking Criminal Acts From the Perspectives of Positive Law and Islamic Law Dinda Suciana Rambe; Athaya Khalis Kafi
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.v3i2.29089

Abstract

It's important to note that Indonesia is one of the largest suppliers of migrant workers in Asia. Migrant workers are recruited through various means, including both legal (official) and illegal (smuggling) methods. The recruitment of illegal migrant workers has always been linked to slavery, which is one of the forms of human trafficking. In fact, human trafficking crimes have many forms and variations, generally carried out to extort and oppress victims for profit. Although various fundamental prevention strategies have been formulated and implemented, the social reality is that various obstacles are encountered in preventing human trafficking through the placement of migrant workers. Therefore, cooperation and synergy between all individual sectors, law enforcement agencies, and the government are needed.
Transfer of Function of Wakaf Land According To Law No. 41 of 2004 (Case Study In Medan City) Muhammad Yunus
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.v2i2.5125

Abstract

This study examines the legal concept of waqf, the requirements and pillars of waqf, and the transfer of function of waqf land in Medan City from the perspective of Islamic law and Indonesian positive law, particularly Law Number 41 of 2004 concerning Waqf. Waqf is an Islamic legal institution aimed at maintaining the principal value of assets while utilizing their benefits for religious and public welfare purposes. Differences in scholarly opinions regarding waqf demonstrate the flexibility of interpretation concerning ownership, duration, and management of waqf assets. Indonesian regulations have provided legal certainty through Law No. 41 of 2004, Government Regulation No. 42 of 2006, and the Compilation of Islamic Law. This research applies an empirical juridical method through analysis of legislation, legal documents, and cases of waqf land conversion in Medan City, including Toyyibah Mosque, Raudhatul Islam Mosque, Al-Falah Mosque, and Amal Silaturrahim Mosque. The findings indicate that conversion of waqf land is legally permissible only for public interest purposes, provided it complies with spatial planning regulations, receives approval from the Minister of Religion and the Indonesian Waqf Board (BWI), and ensures replacement assets possess equal or greater value. The study also finds that not all conversions comply with applicable laws, as seen in the Toyyibah Mosque case, where conversion relied solely on a local religious decree without fulfilling statutory procedures. Therefore, strict supervision and compliance with legal mechanisms are essential to preserve the sanctity, continuity, and social function of waqf assets for public welfare and sustainable religious development.
Limitations of Human Rights in Freedom of Expression According to Constitutional Law in Indonesia Hari Sanjaya; Mardi Candra; Rotua Valentina Sagala
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.v10i1.29058

Abstract

Freedom of expression is one of the human rights that is constitutionally guaranteed in Article 28E paragraph (3) of the 1945 Constitution of the Republic of Indonesia and is recognized in various international human rights instruments that have been ratified by Indonesia. However, these guarantees are not absolute. In constitutional practice, restrictions on freedom of expression still raise problems, especially related to the clarity of the legal basis, the potential for criminalization, and the consistency of its application with the principles of human rights protection. This study aims to analyze the restrictions on human rights in freedom of expression according to Indonesian constitutional law and formulate the ideal concept of its limitations within the framework of the state of law, democracy, and human rights protection. This study uses a normative juridical method with a statutory approach, conceptual approach, and analytical approach. Primary, secondary, and tertiary legal materials were analyzed qualitatively through literature studies using the Human Rights Theory of John Locke and Jack Donnelly and the Theory of Constitutional Democracy of Robert A. Dahl. The results of the study show that freedom of expression is a constitutional right that is derogable rights and can be limited as long as it meets the principles of legality, has a legitimate purpose, is necessary in a democratic society, and meets the principle of proportionality as reflected in the 1945 Constitution of the Republic of Indonesia, Law Number 39 of 1999, Law Number 9 of 1998, and the International Covenant on Civil and Political Rights (ICCPR). However, its implementation still faces unclear norms, potential criminalization, and suboptimal protection of citizens' constitutional rights. The ideal concept of restricting freedom of expression must be based on constitutional supremacy, respect for human rights, proportionality, and legal certainty, accompanied by the strengthening of monitoring mechanisms by judicial institutions and human rights protection institutions in order to maintain a balance between the protection of individual rights and the public interest in a democratic state of law.
Employment Law Politics in Indonesia Dr. Jasni bin Sulong; Muhamad Ramzy Fernanda
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.v8i2.29183

Abstract

Employment law policy in Indonesia reflects the government's efforts to balance worker protection with the demands of national economic development. The enactment of Law No. 11 of 2020, subsequently reinforced by Law No. 6 of 2023 concerning Job Creation, has significantly transformed Indonesia's employment legal framework by promoting labor market flexibility while raising concerns regarding the protection of workers' rights. This study aims to analyze the direction of Indonesia's employment law policy, examine the evolution of labor regulations, and evaluate the implementation of legal protection for workers amid contemporary economic and technological developments. The research employs a normative legal method using statutory, conceptual, and analytical approaches. Data were collected through a comprehensive review of primary, secondary, and tertiary legal materials and analyzed qualitatively. The findings indicate that although Indonesia has established a comprehensive legal framework governing employment relationships, labor protection, and industrial dispute resolution, significant challenges remain in its implementation. Amendments introduced through the Job Creation Law have increased flexibility in fixed-term employment agreements and outsourcing, enhancing business competitiveness but also creating greater job insecurity. Furthermore, the rapid expansion of the digital economy and platform-based employment has exposed regulatory gaps, leaving many gig workers without adequate legal protection. Weak law enforcement, limited government supervision, and the unequal bargaining position of workers further undermine the effectiveness of existing regulations. Therefore, Indonesia's employment law policy should be strengthened through more adaptive legislation, effective enforcement mechanisms, and balanced legal reforms that simultaneously promote investment, legal certainty, and the protection of workers' rights.
Hadith About Jinayah Qishash (Murder and Persecution) Ahmad Baqi; Zakaria Ahmad Marpaung
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.v9i1.29205

Abstract

This study examines hadiths related to qisas (retribution for murder and assault), a criminal act involving murder and assault from an Islamic legal perspective. The purpose of this study is to analyze the content of the hadith, its historical context, and its relevance to the application of qisas law. The method used is a literature study with a normative approach, through a review of hadith books and classical and contemporary fiqh literature. The results show that the hadiths on qisas emphasize the principle of justice, balance between the rights of victims and perpetrators, and open up room for forgiveness as an alternative solution. Furthermore, the concept of qisas in the hadith functions not only as a form of punishment but also as a preventive measure to protect human life. Thus, understanding the hadiths on qisas (retribution for murder) is crucial in building a just and welfare-oriented legal system.

Page 2 of 16 | Total Record : 153

 1   2   3   4   5 

Filter by Year

2017 2026


Reset
Filter By Issues
All Issue Vol 10, No 1 (2026) Vol 9, No 2 (2025) Vol 9, No 1 (2025) Vol 8, No 2 (2024) Vol 8, No 1 (2024) Vol 7, No 2 (2023) Vol 7, No 1 (2023) Vol 6, No 2 (2022) Vol 6, No 1 (2022) Vol 5, No 2 (2021) Vol 5, No 1 (2021) Vol 4, No 2 (2020) Vol 4, No 1 (2020) Vol 3, No 2 (2019) Vol 3, No 1 (2019) Vol 2, No 2 (2018) Vol 2, No 1 (2018) Vol 1, No 2 (2017) Vol 1, No 1 (2017) More Issue