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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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Regulation of Workers Rights and Obligations in Labor Law Khairunnisa Siregar; Alya Aisya
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.v7i1.29179

Abstract

This study examines the provisions regarding workers' rights and obligations as stipulated in the Manpower Law as a basis for establishing fair and balanced employment relationships. This research is motivated by various employment practices that are detrimental to workers, including inappropriate wage payments, excessive working hours, and suboptimal social security coverage. This situation emphasizes the importance of understanding legal provisions that regulate the proportional status of workers and employers. The purpose of this study is to analyze the forms of regulation of workers' rights and obligations in legislation and their impact on legal certainty in employment relationships. The method used is normative legal research with a legislative and conceptual approach, conducted through a literature review of primary, secondary, and tertiary legal materials. The research stages include collecting legal materials, categorizing legal norms, and systematic analysis of relevant provisions. The results show that the Manpower Law has regulated various workers' rights, such as the right to a decent wage, regulation of working hours and rest periods, protection of occupational safety and health, and employment social security. In addition, workers are also obligated to perform their work in accordance with their employment agreement, comply with company regulations, and maintain a professional attitude in the work environment. These regulations are expected to foster harmonious working relationships, prevent industrial disputes, and enhance legal protection for both workers and employers.
Application of the Money Laundering Law to Corruption Crimes Sri Rizki Wardani; Galih Pratama Siregar
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.v6i1.29138

Abstract

This study examines the application of the Anti-Money Laundering Law (AML) in handling corruption in Indonesia. Corruption not only results in state financial losses but is also often accompanied by perpetrators' attempts to conceal the proceeds of crime through money laundering mechanisms. Therefore, the AML Law plays a strategic role as a legal instrument in tracing, freezing, and confiscating assets resulting from criminal acts. This study uses a normative juridical method with a statutory approach and case analysis. The results show that the application of the AML Law can broaden the scope of law enforcement, not only against the main perpetrators but also parties involved in the flow of illegal funds. In addition, the reverse burden of proof mechanism makes it easier for law enforcement officials to identify irregularities in the perpetrators' assets. However, its implementation still faces various obstacles, such as weak coordination between institutions and the complexity of tracking financial transactions. Therefore, optimizing the application of the AML Law is necessary to increase the effectiveness of corruption eradication and support the recovery of state losses.
Analysis Of The Islamic Legal Paradigm In Studying Monogamy, Polygamy And Divorce Chifa Azyana Adly Meknesya; Muhammad Hidayat
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.v5i1.29056

Abstract

This article examines contemporary Islamic legal perspectives on monogamous and polygamous marriages, as well as the processes and underlying reasons for divorce within the framework of modern Islamic jurisprudence. In everyday life, marital relationships frequently encounter various social, economic, and emotional challenges, prompting individuals to navigate between monogamy as the ideal normative model and polygamy as a conditionally permissible practice under sharia. At the same time, divorce emerges as a complex phenomenon influenced by multiple factors, including incompatibility, economic hardship, and moral considerations. The study aims to explore the views, arguments, and proposed solutions of contemporary Islamic scholars in addressing these issues. Employing a qualitative bibliographic approach, this research draws upon classical fiqh literature alongside the interpretations and analyses of modern scholars, thereby bridging traditional doctrines with current socio-cultural realities. This method allows for a comprehensive understanding of how Islamic legal thought evolves in response to changing contexts. The findings reveal that contemporary Islamic law promotes a balanced, just, and context-sensitive approach to marital issues. Monogamy is strongly encouraged as the ideal form of marriage due to its alignment with principles of fairness and stability. Polygamy, while permitted, is strictly regulated and only justified under compelling circumstances, with the absolute requirement of justice among spouses. Furthermore, divorce is regarded as a last resort, permissible only after all efforts toward reconciliation, mediation, and mutual understanding have been thoroughly exhausted.
Implementation of the Basic Principles of State Administrative Justice in Ensuring Legal Certainty in Indonesia Darwin Wibowo Sihombing; Fitri Amanda Hasibuan
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.v4i1.29348

Abstract

The State Administrative Court (PTUN) plays an important role in the Indonesian legal system as a means of legal protection for the public against government actions. The existence of the PTUN is an implementation of the principles of the rule of law (rechtsstaat) and the rule of law, which emphasizes that every government action must be based on law and can be tested legally. The PTUN was established based on Law Number 5 of 1986 which has been amended through Law Number 9 of 2004 and Law Number 51 of 2009. In its implementation, the PTUN not only functions as an institution for resolving administrative disputes, but also as an instrument for monitoring the actions of public officials to prevent abuse of authority. This paper aims to explain the meaning of the main principles in the PTUN, identify the types of principles that apply, and analyze their application in the practice of state administrative justice. The method used is a normative approach by reviewing laws and regulations, legal doctrines, and related literature. The discussion results show that the basic principles of the PTUN, such as the presumption of justice, the principle of simple, fast, and low-cost justice, the principle of judicial objectivity, and the principle of transparency, play a fundamental role in ensuring justice, legal certainty, and the protection of citizens' rights. In practice, these principles serve as guidelines for examining, adjudicating, and deciding state administrative disputes. Therefore, the application of the basic principles of the PTUN is crucial for the effectiveness of administrative justice in realizing justice and controlling government actions.
Implementation of Zakat in Chili Agriculture From The Perspective of Yusuf Al-Qardhawi: A Case Study Lima Puluh District, Batu Bara Regency Asroful Anwar
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.v1i2.666

Abstract

This study examines the implementation of agricultural zakat on chili farming in Lubuk Cuik, Bulan-Bulan, and Titi Merah Villages, Batu Bara Regency, and analyzes its conformity with the zakat theory proposed by Yusuf Al-Qardhawi. The research employed a qualitative approach through field research and interviews with farmers, religious leaders, and community members. The findings reveal that community understanding of chili agricultural zakat remains diverse. Some respondents consider chili crops subject to agricultural zakat because they have economic value and generate income, while others argue that chili is not included among staple food commodities and therefore is not subject to agricultural zakat. The study found several practices consistent with Yusuf Al-Qardhawi’s opinion, particularly regarding the obligation to pay zakat on agricultural products with economic value and the deduction of production costs before calculating zakat. However, significant discrepancies were also identified. Most farmers do not consider the nisab requirement, apply a zakat rate of 2.5% instead of the prescribed 5% or 10%, and in some villages calculate zakat based on gross income rather than net income after deducting production costs. Furthermore, zakat distribution is generally conducted directly by farmers to needy individuals, while institutional zakat management remains limited due to insufficient public awareness and trust in formal zakat institutions. The study concludes that the implementation of chili agricultural zakat in the research area has not fully conformed to Yusuf Al-Qardhawi’s perspective, primarily due to limited public understanding of zakat regulations, nisab requirements, and calculation methods.
The Historical Evolution of Qawaid Fiqhiyyah and Its Relevance as a Legal Maxim in the Perspective of General Law Purnama Wahyuni; Habib Al-Rabith Naslim
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.v3i1.29131

Abstract

The principles of Islamic jurisprudence (Qawa'id Fiqhiyyah) play a crucial role as guidelines for Islamic law in addressing various contemporary issues amidst the limited number of texts of the Qur'an and Sunnah quantitatively. This study aims to examine the period of formation and development of the principles of Islamic jurisprudence and analyze their relationship with the concept of *legal maxim in the context of general law. Through literature study, it was found that the development of the principles of Islamic jurisprudence is divided into three main periods: the birth period (the time of the Prophet, Companions, and Tabi'in), the codification period (4th century AH to the golden age in the 8th century AH), and the refinement period culminating in the compilation of Majallat Al-Ahkam Al-Adliyyah in the 13th century AH. The analysis shows a strong relevance between the basic principles of Islamic jurisprudence and general legal principles, such as the relationship between the principle of "Al-umur bi maqasidiha" and the concept of mens rea in criminal law, and the principle of "Al-yaqin la yuzal bi asy-syakk" with the principle of proof in court. The research results conclude that the rules of Islamic jurisprudence function as legal maxims that provide a universal framework for legal practitioners in resolving disputes and formulating legal norms.
The Istinbath Method of Professional Zakat Law at the Muhamadiyah Tarjih Council and Its Implications For the Implementation of Professional Zakat at the Muhammadiyah University Of North Sumatra Ali Baroroh Al-Muflih
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.v2i1.5102

Abstract

Zakat profession is a problem that has not been discussed in the time of the Prophet Muhammad. However there is no argument in the verses of the Holy Qur'an and the Prophet's Hadith explicitly explain the obligation and unobligation about the law of zakat profession. Causing the differences of opinion among Ulama about its legal status. Meanwhile in Indonesia, Islamic organizations have their respective legal provisions in establishing the law of zakat profession. In this state, Muhammadiyah through Muhammadiyah Tarjih Assembly has set the zakat profession, is a mandatory. This aim of this study is to know the law of zakat profession according to Majlis Tarjih Muhammadiyah and how the method used by Majlis Tarjih Muhammadiyah in establishing the law of zakat profession. And also the fatwa's implications about application of zakat profession at the University of Muhammadiyah North Sumatra. The method used by the writer in this research is descriptive analytical. collecting data from the literature study. This research tried to explain the istinbath method of the law of zakat profession from Muhammadiyah organization through Muhammadiyah Tarjih Assembly and fatwa implication to the law of zakat profession applied at University of Muhammadiyah North Sumatra.
Problems of Mediation Implementation in Divorce Case Settlement at the Medan Religious Court
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.v10i1.30964

Abstract

Mediation is a dispute resolution mechanism that must be taken before the examination of the subject matter in court as an effort to realize a peaceful settlement of disputes. Although it has been regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts, the success rate of mediation in divorce cases in Religious Courts is still relatively low. This study aims to analyze the problems of the implementation of mediation in the settlement of divorce cases at the Medan Religious Court and examine efforts to optimize its implementation. This research uses an empirical legal research method with an empirical juridical approach. Primary data was obtained through interviews with mediator judges of the Medan Religious Court, while secondary data was obtained through literature studies of laws and regulations, books, and scientific articles related to mediation. All data were analyzed qualitatively using a descriptive-analytical method. The results of the study showed that the low success rate of mediation was influenced by long-standing domestic conflicts, the strong desire of the parties to divorce, the perception of the public that considered mediation as a procedural formality, and the limited time of mediation implementation. This study also found that the effectiveness of mediation is not only determined by the existence of regulations, but also influenced by the competence of the mediator, institutional readiness, and legal awareness of the parties. Optimizing the implementation of mediation can be done through increasing the capacity of mediators, using mediation time more effectively, and strengthening legal education to the public through synergy between the Supreme Court, Religious Courts, and the Office of Religious Affairs. Thus, mediation can function optimally as a dispute resolution instrument that supports the realization of a simple, fast, low-cost, and peace-oriented judiciary.
Corruption as an Extraordinary Crime: A Historical and Legal Study in the Indonesian Legal System Ahmad Baqi; Arya Farhan Azizi S.
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.v8i1.29155

Abstract

This paper aims to understand the history of corruption regulation through legal, historical, and international approaches. Corruption in Indonesian positive law is regulated by Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, which covers various forms such as bribery, gratuities, and abuse of authority. In addition, an international perspective through the UNCAC and the views of experts emphasize that corruption is the abuse of power for personal gain. History shows that corrupt practices have existed since ancient civilizations and continue to develop into the modern era. In Indonesia, corruption regulations have developed from the colonial period, the Old Order, the New Order, to the reform era marked by the establishment of the Corruption Eradication Commission (KPK). Globally, the principles of transparency, accountability, and good governance are the main foundations for eradicating corruption. Thus, corruption regulations continue to develop in order to create a clean and integrated government.
Review of Universal Human Rights Theory in the Perspective of Law and Justice Misdin Arifin HM; Sabna Anggraini
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.v9i1.29028

Abstract

This study analyzes the conceptual framework and philosophical foundations of human rights (HAM) through a review of key legal theories. The discussion begins with natural law theory, which argues that human rights are inherent, universal, and derived from transcendental ethical principles as a guide for positive law. As an antithesis, this study presents the theory of legal positivism, which emphasizes that human rights are a formal product of state institutions, where legal validity is separate from moral considerations. Next, this study examines theories of justice, particularly John Rawls's concept of "justice as fairness," to analyze the equitable distribution of rights, obligations, and resources within a social structure. The theoretical analysis concludes with a debate between universalism and cultural relativism. Universalism asserts the global applicability of human rights to every individual, while cultural relativism emphasizes the importance of social context, traditions, and local values. By synthesizing these perspectives, this study concludes that a thorough understanding of these theories is crucial for implementing human rights globally while maintaining sensitivity to the diversity of global contexts.

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