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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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The Urgency of Reforming Indonesian Commercial Law in Facing Digital Trade Ahmad Baqi; Nasyfah Salsabila Harahap
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.v7i1.29105

Abstract

The development of digital technology has significantly changed trade patterns in Indonesia, marked by the emergence of e-commerce, fintech, and the platform-based economy. However, this progress has not been matched by adequate legal preparedness. Indonesian trade law still relies heavily on the Commercial Code (KUHD), which was historically designed for conventional transactions, thus failing to accommodate the complexities of digital transactions. This study aims to analyze the current state of trade law, identify normative limitations, and examine the urgency of legal reform in the face of digitalization. The method used is a qualitative approach through a literature review analyzing various regulations such as the KUHD, the ITE Law, and the Consumer Protection Law. The results indicate a gap in norms related to electronic contracts, click-wrap agreement mechanisms, digital platform liability, personal data protection and online dispute resolution. Furthermore, legal relationships in digital transactions involving third parties, such as marketplaces, add to the complexity and have not been comprehensively regulated. This situation has the potential to create legal uncertainty and weaken protection for consumers and businesses. Therefore, adaptive and integrative normative reform of trade law is needed to create legal certainty, justice, and effective protection in the digital trade ecosystem in Indonesia. This update is expected to be able to answer the challenges of the digital era while supporting sustainable national economic growth.
Comparison of Islamic Criminal Law and National Law Regarding the Criminal Act of Rape Against Minors Eko Widiansyah; Alfi Syahri
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.v6i1.29223

Abstract

This study examines the comparison between Islamic criminal law and Indonesian national law regarding the crime of rape against minors, focusing on legal regulation, sanctions, and victim protection. The increasing number of sexual violence cases against children in Indonesia highlights a significant gap between existing legal frameworks and their practical implementation. Therefore, this research aims to analyze how both legal systems regulate such crimes, to identify their similarities and differences, and to assess the relevance of Islamic criminal law in strengthening national law. This research employs a normative-empirical legal approach by analyzing statutory regulations, Islamic legal sources (Qur'an, Hadith, and classical as well as contemporary fiqh), and secondary data from official reports and relevant scholarly studies. The data are analyzed qualitatively using descriptive and comparative methods. The findings reveal that Indonesian national law provides explicit and comprehensive regulations, including strict criminal sanctions and mechanisms for victim protection, such as restitution and rehabilitation. However, its implementation remains suboptimal due to structural and cultural challenges. In contrast, Islamic criminal law emphasizes the protection of human dignity and strictly punishes perpetrators while exempting victims from liability, incorporating both punitive and restorative elements. In conclusion, both legal systems recognize rape against minors as a serious crime, yet differ in their legal construction and application. Islamic legal principles, particularly maqashid al-shari'ah, offer significant contributions in enhancing a more just, victim-oriented, and holistic legal framework within the national system.
The Meaning Of Resorative Justice In The Concepts Of Sulh, Afw, Diyat, And Social Reintegration In Islamic Criminal Law Abdul Hakim; M. Arief Fadhilah
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.v5i1.29050

Abstract

This study aims to explore and analyze the meaning of restorative justice within the framework of Islamic criminal law through the concepts of sulh, afw, diyat, and social reintegration. The research method used is library research with a normative-descriptive approach that examines secondary data in the form of legal and sharia literature. The results show that Islamic criminal law has fundamental similarities with the principles of modern restorative justice, where case resolution does not only focus on punishment (retributive), but rather prioritizes restoring relationships between the perpetrator, victim, and society. The concepts of sulh (peace) and afw (forgiveness) provide space for reconciliation, while diyat (compensation) functions as an instrument for restoring the victim's material rights. Through the islah mechanism, Islamic law encourages social reintegration that allows perpetrators to improve themselves and maintain social harmony. This harmonization between positive law in Indonesia and the values of Islamic criminal law has the potential to become a new paradigm in a more humane and just criminal justice system.
Agrarian Law in Land Dispute Resolution in Indonesia Khotibul Umam; Ismail Halomoan Harahap
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.v4i1.29042

Abstract

Land disputes remain one of the most significant legal issues in Indonesia due to increasing land demand, limited land availability, weak law enforcement, and deficiencies in the land administration system. These disputes create legal uncertainty, hinder social welfare, and negatively affect sustainable development. This study aims to examine the causes of land disputes in Indonesia and analyze appropriate dispute resolution mechanisms from the perspective of Indonesian agrarian law. The research employs a normative juridical (library research) method using statutory and conceptual approaches. Primary legal materials include Law Number 5 of 1960 concerning Basic Agrarian Principles and other relevant regulations, while secondary materials consist of books, scientific journals, and previous studies related to agrarian law and land dispute resolution. The collected legal materials were analyzed qualitatively using a descriptive-analytical method. The findings reveal that land disputes are primarily caused by overlapping land ownership, weak land registration and administration systems, inconsistent implementation of agrarian regulations, limited public legal awareness, and increasing competition over land resources. In addition, disputes frequently arise between individuals, corporations, and government institutions due to conflicting ownership claims and development projects. The study also finds that litigation often requires considerable time and expense and may not provide satisfactory outcomes for all parties. Conversely, mediation and other non-litigation mechanisms offer more effective, efficient, and mutually beneficial solutions by encouraging dialogue, consensus, and the preservation of social relationships. Therefore, strengthening law enforcement, improving land administration through digitalization, enhancing legal awareness, and prioritizing mediation are essential to achieving legal certainty, justice, and sustainable land governance in Indonesia.
Inheritance Development and Expiration Ahmad Nizar Mohammad Syamwil; Dian Safitri
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.v3i1.29115

Abstract

Inheritance law in Indonesia remains pluralistic due to the lack of a unified national inheritance law. Consequently, three legal systems apply: Western inheritance law, Islamic inheritance law, and customary inheritance law. This paper aims to analyze the development of inheritance law, particularly Islamic inheritance law, in court decisions in Indonesia and to examine the concept of statute of limitations in civil law. The method used is a normative juridical approach by examining statutory regulations, the Compilation of Islamic Law, and court jurisprudence. The study's findings indicate that Islamic inheritance law has been reformed through court decisions, reflecting judicial ijtihad (intelligible text) to address social dynamics. These reforms include the recognition of substitute heirs, the status of daughters who may hinder siblings, the implementation of mandatory wills, the granting of rights to children or adoptive parents, and the allocation of a portion to heirs of different faiths through wills or gifts. Furthermore, the principle of deliberation in inheritance distribution has been incorporated to achieve more flexible justice. On the other hand, the concept of a statute of limitations in civil law plays a crucial role as a means of acquiring rights or releasing obligations due to the lapse of a certain period. A statute of limitations can result in the loss of the right to sue in inheritance disputes if it is not exercised within the legally prescribed timeframe.
Evidence Of Adultery According To Qanun Jinayah No. 6 Of 2014 And Syafi'iyah Fiqh Abdullah Abdullah
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.v1i1.971

Abstract

This article aims to provide a comparison between the Aceh Qanun Jinayah and Shafi'iyah Jurisprudence, as implemented in Aceh. What are the provisions regarding evidence of adultery in Qanun No. 6 of 2014 and Shafi'iyah Jurisprudence, and what are the differences between the two? To obtain these answers, this research is a qualitative descriptive study using library research techniques (library research). All sourcesdata obtained from literature available in the library. The method used to analyze data is descriptive analysis and interpretation methods. The descriptive analysis method is a method used in writing by presenting the data obtained and the problems that arise to be analyzed according to the discussion. Meanwhile, the interpretation method is drawing conclusions from the author's own understanding of the opinions quoted from a reference. The results of this research are that the evidence of adultery contained in qanun jinayah no. 6 of 2014 is the result of a combination of schools of jurisprudence including Shafi'i jurisprudence. However, the qanun jinyah does not contain in detail the criteria that will be used as evidence of adultery, in contrast to the Syafi'i fiqh which explains it in detail. Then in qanun jinayah no. 6 of 2014 added that DNA test results are evidence of adultery for pregnant women and these results are not found in Syafi'i jurisprudence.
Discrimination of Men as Victims of Sexual Harassment from the Perspective of Law Number 12 Of 2022 and Gender Imamuddin Imamuddin; Bunga Putri Ayu Nasution
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.v2i1.29054

Abstract

Sexual violence is commonly associated with female victims, while cases involving male victims often receive limited attention due to social stigma, gender stereotypes, and perceptions of masculinity. This study aims to analyze discrimination against male victims of sexual violence from a gender equality perspective and examine legal protection mechanisms available under Indonesian law. The research applies a normative qualitative method through literature studies by reviewing books, journals, legal regulations, government reports, and media publications related to gender theory and sexual violence. Data validity was ensured through comparison and analysis of multiple sources. The findings indicate that male victims of sexual violence continue to experience discrimination in reporting processes, access to legal protection, and social acceptance. Gender stereotypes positioning men as strong and dominant contribute to the underreporting of cases and inadequate support systems. Although Law Number 12 of 2022 concerning Sexual Violence Crimes provides legal protection and recognizes victims’ rights to assistance, rehabilitation, and justice, implementation remains insufficiently inclusive toward male victims. Existing complaint services and legal mechanisms also tend to prioritize women and children. Therefore, strengthening gender-responsive legal frameworks, increasing public awareness, improving law enforcement sensitivity, and expanding psychological and social support systems are necessary to ensure equal protection for all victims regardless of gender. The study concludes that achieving gender equality in handling sexual violence requires inclusive legal reform and the elimination of discriminatory perceptions toward male victims to create a more equitable justice system in Indonesia.
Resolution of Marine Resource Disputes in Indonesia from the Perspective of Islamic Law and National Law Abdul Hakim; Ainur Rahma
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.v8i1.29111

Abstract

Indonesia, as an archipelagic country with a maritime territory covering more than two-thirds of its total territory, possesses enormous marine resource potential and is vulnerable to conflict. This study aims to analyze the dynamics of marine resource disputes in Indonesia and formulate a settlement model based on the integration of national law and Islamic legal principles. The study employed a qualitative method with a normative approach and literature studies from scientific journals, international legal documents, and Islamic legal literature. The results indicate that marine resource disputes in Indonesia are triggered by overlapping jurisdictional claims, illegal fishing practices, and weak law enforcement. UNCLOS 1982, as an international maritime law regime, has provided a normative framework, but its implementation is often hampered by political factors and economic interests. From an Islamic legal perspective, the principles of justice ('adl), benefit (maslahah), and the prohibition of overexploitation (Israf) offer a comprehensive ethical approach. The integration of these two legal systems has the potential to create a dispute resolution mechanism that is not only legalistic but also oriented towards sustainability and social justice.
Legal Protection for Sharia Bank Customers in the Digital Era Following the Issuance of Law Number 4 of 2023 Concerning the Development and Strengthening of the Financial Sector Nurhasanah Br Sinulingga; Ahmad Wahyudi Zein
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.v9i2.21281

Abstract

This study examines the legal protection available to customers of Islamic banking in Indonesia within the framework of national banking regulations. The purpose of the research is to identify how the law safeguards the rights and interests of Islamic bank customers, considering that such protection is essential not only for conventional banking customers but also for all financial institutions. The urgency of this topic arises from the fact that Islamic banking is relatively new in Indonesia, making it more susceptible to various challenges and disputes in practice that may potentially harm customers as the main consumers of banking services. The research adopts a normative juridical approach, emphasizing an analysis of legal norms, principles, and rules that regulate banking activities in Indonesia. The data sources consist of primary legal materials, including laws and regulations governing banking, and secondary legal materials, such as academic literature, journals, and other relevant documents. Data collection is conducted through a library research method, while data analysis employs a descriptive-analytical technique to systematically describe, explain, and assess the legal framework in order to provide a clear understanding of the extent of legal protection for Islamic banking customers.
The Rule of Law as the Theoretical Basis for State Administrative Law Guvo Deswarth Purba; Muhyiddin Hilal Sarhan
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.v7i2.29044

Abstract

The rule of law is a fundamental principle in governance that places law as the foundation and limit of state power. In the context of state administrative law, the principle of the rule of law plays a crucial role in regulating the implementation of government authority and providing legal protection for citizens. Administrative law is the primary instrument for ensuring that government actions and decisions are implemented based on the principle of legality, general principles of good governance, and effective oversight mechanisms. This study employs a normative legal research method with a statutory and conceptual approach. The legal materials used consist of statutory regulations, expert doctrines, and relevant legal literature. The analysis is descriptive-analytical. The discussion in this journal begins with an elaboration of the concept of the rule of law as the theoretical basis of state administrative law, followed by a discussion of legal protection for citizens and the application of general principles of good governance, as well as the implications of the rule of law for governance. The results of the discussion indicate that the principle of the rule of law plays a crucial role in limiting government power and realizing an orderly, accountable, and just government.

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