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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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The Concept And Sanctions Of Qodzhaf In Hudud Criminal Law: Hadith Perspective Watni Marpaung; Pairuz Amanina
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.v5i1.29110

Abstract

As a state governed by the rule of law (rechtstaat), Indonesia places law as the primary foundation for the exercise of governmental authority and the protection of citizens' rights. Within this framework, the State Administrative Court (Pengadilan Tata Usaha Negara—PTUN) plays a vital role in ensuring that administrative actions undertaken by government bodies comply with legal principles and the general principles of good governance. This study aims to analyze the position and function of the State Administrative Court within the Indonesian legal system, examine its role in providing legal protection to citizens, and identify the challenges affecting the effectiveness of its authority. The research employs a normative juridical method using statutory and conceptual approaches. Legal materials consist of primary sources, including Law Number 5 of 1986 concerning the State Administrative Court and its subsequent amendments, relevant court decisions, and applicable legislation, supported by secondary and tertiary legal materials obtained through library research. The collected legal materials were analyzed descriptively and analytically. The findings reveal that the PTUN occupies a strategic position as one of Indonesia's judicial institutions responsible for resolving disputes between citizens and government administrative bodies arising from administrative decisions. Beyond adjudicating disputes, the PTUN serves as an important mechanism for judicial oversight, ensuring legality, accountability, transparency, and the implementation of good governance. However, the effectiveness of the PTUN remains constrained by several factors, including limited public awareness of administrative justice mechanisms, restricted access to legal remedies, inadequate enforcement of final court decisions by administrative authorities, and the increasing complexity of administrative disputes in the era of globalization. Therefore, strengthening institutional capacity, improving public legal awareness, enhancing the execution of PTUN judgments, and reforming administrative regulations are essential to optimize the court's role in protecting citizens' rights, promoting legal certainty, and reinforcing the principles of the rule of law in Indonesia.
Digital Criminal Law Policy: Ethical and Privacy Challenges In the Enforcement of The New Indonesian Criminal Code (Kuhp) On Cybercrime Ahmad Yani Anshori; Adinda Azhari; Dewi Ervina Suryani
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.v4i1.29202

Abstract

The rapid advancement of digital technology has significantly transformed social interactions, economic activities, and legal systems, while simultaneously creating new forms of cybercrime that challenge conventional criminal law. Indonesia has responded to these developments through the enactment of the new Criminal Code (KUHP), which seeks to modernize the national criminal justice system by incorporating provisions relevant to digital offenses. This study aims to analyze Indonesia's digital criminal law policy under the new Criminal Code, with particular emphasis on ethical challenges, privacy protection, and the urgency of cyber legislative reform. This research employs a qualitative normative legal approach using library research methods. The study examines primary legal materials, including the Indonesian Criminal Code, the Electronic Information and Transactions Law (UU ITE), and the Personal Data Protection Law, complemented by secondary sources such as academic journals, books, and legal commentaries. Data were analyzed using a descriptive-analytical and qualitative content analysis approach. The findings reveal that although the new Criminal Code represents an important step toward addressing cybercrime, its implementation remains constrained by overlapping regulations, limited institutional capacity, inadequate digital forensic expertise, and the absence of harmonized legal standards. The study also demonstrates that ethical issues, including digital surveillance, algorithmic accountability, and personal data protection, have become central concerns in enforcing digital criminal law. Furthermore, fragmented legal provisions concerning cybercrime and privacy require comprehensive legislative reform supported by stronger institutional coordination and international cooperation. The study concludes that effective digital criminal policy must integrate legal certainty, technological adaptability, ethical governance, and human rights protection. Strengthening digital literacy, improving law enforcement capacity, and harmonizing cyber legislation are essential to establishing a modern, fair, and sustainable digital criminal justice system capable of addressing contemporary technological challenges.
Prevention Effortsonline Gambling Crimes Among Students of the State Islamic University of North Sumatra According to the Views of Law Lecturers of the Faculty of Sharia and Law Madya Dr. Jasni bin Sulong; Nazwa Sabrina 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.v3i1.29052

Abstract

This study aims to analyze efforts to prevent the increasingly widespread crime of online gambling among students based on the perspectives of law lecturers at the Faculty of Sharia and Law. The rapid development of digital technology and internet accessibility has contributed to the rising prevalence of online gambling activities, particularly among young people and university students. This phenomenon poses serious concerns due to its negative consequences on academic performance, financial stability, mental health, and social behavior. The study highlights various adverse impacts of online gambling, including cheating, exploitation, fraud, addiction, and involvement in criminal activities. Furthermore, it examines the factors influencing the effectiveness of prevention and eradication efforts, encompassing legal regulations, law enforcement mechanisms, socio-cultural conditions, community participation, educational awareness, and supporting infrastructure. This research employs a qualitative approach by exploring the views and legal perspectives of lecturers specializing in law and Islamic legal studies. The findings reveal that strengthening legal awareness, improving law enforcement, enhancing digital literacy, and promoting preventive education among students are essential strategies in combating online gambling practices. The implementation of positive law and criminal law enforcement is considered crucial in creating deterrent effects and protecting students from the harmful influence of online gambling. In addition, collaboration between educational institutions, families, government agencies, and society is necessary to develop comprehensive prevention measures. This study is expected to contribute as a reference for policymakers and educational institutions, particularly within the State Islamic University of North Sumatra, in formulating effective policies and strategies to prevent online gambling crimes among students and foster a safer academic environment.
The Role Of Laz As A Zakat Manager In Productive Zakat Use: Case Study Of Rumah Zakat Medan Sri Wahyuni
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.v1i1.1186

Abstract

Productive utilization of zakat by the Zakat Collection Institution (LAZ) will bring in benefit for The establishment of Islamic principles and the enhancement of the socio-economic resources of the Muslim community in Indonesia. The productive utilization of ZIS is in line with Islamic principles that aim to achieve the welfare of the community. Moreover, this has been regulated (legislated) by the government. Rumah Zakat is one of the Zakat Collection Institutions (LAZ) that has obtained a permit and is in accordance with Article 18 of Law Number 23 of 2011 concerning Zakat Management. This institution has attempted to distribute zakat in a non-consumptive manner, namely by giving it directly to eight asnaf without being utilized so that the zakat is used up and there is nothing left. This zakat house has tried to distribute zakat in a productive way, including by providing zakat in the form of capital loans in the form of independent community businesses in the form of charity loans. The utilization of productive zakat carried out by the zakat house motivated the author to conduct more intensive research to see how the law of productive zakat, whether providing capital for independent businesses from zakat assets to mustahik is justified in sharia, whether in the utilization of productive zakat there are obstacles faced by the zakat house.
Law No. 32 of 2009 concerning PPLH as an Instrument for Limiting the Utilization of Natural Resources from the Perspective of Maqāṣid al-Syari’ah Upi Sopiah Ahmad
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.v2i1.29078

Abstract

The use of natural resources in development practices often raises issues of pollution and environmental damage when legal restrictions are understood solely procedurally and administratively. Law Number 32 of 2009 concerning Environmental Protection and Management places environmental planning as the foundation of management, particularly through the provisions in Article 10. However, this provision is still often read in a formalistic manner so that its normative function as an instrument for limiting the use of natural resources has not been optimized. This article aims to analyze the position of Article 10 of Law No. 32 of 2009 from the perspective of maqāṣid al-syarī'ah, with an emphasis on the principle of preventing damage (dar' al-mafāsid), in order to emphasize the orientation of environmental protection and human safety. This study uses a normative legal research method with a statutory and conceptual approach. The primary legal material in the form of Law No. 32 of 2009, especially Article 10, is reviewed together with relevant Islamic legal sources, and supported by maqāṣid literature and contemporary environmental law studies as secondary legal materials. The research results show that Article 10 not only functions as an administrative planning norm, but also contains preventive content that aligns with the objectives of the maqāṣid al-syarī'ah, particularly the protection of life and the public welfare. Thus, Article 10 can be positioned as a normative meeting point between national environmental law and the basic principles of Islamic law in limiting the sustainable use of natural resources.
Development of Criminal Law on Corruption in Indonesia: Historical and Legal Review Muhammad Ramadhan; aisyah sabrina
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.v8i1.29285

Abstract

Corruption has long been recognized as an extraordinary crime in Indonesia due to its systemic nature and its detrimental impact on economic development, public welfare, and public trust in government institutions. The evolution of anti-corruption law in Indonesia reflects the state's continuous efforts to strengthen legal mechanisms for combating corruption in response to changing political and social conditions. This study aims to examine the historical development of criminal law on corruption in Indonesia and to analyze the effectiveness of anti-corruption regulations across different political periods. The research employs a normative legal method using historical, statutory, and conceptual approaches. Data were collected through library research involving primary, secondary, and tertiary legal materials, including legislation, legal literature, and scholarly publications, which were analyzed qualitatively. The findings indicate that the development of Indonesia's anti-corruption legal framework has progressed through four major phases: the colonial period, the Old Order, the New Order, and the Reform Era. Each phase reflects distinct legal and political characteristics that influenced the formulation and enforcement of anti-corruption policies. Significant legal reforms during the Reform Era, including the enactment of Law No. 31 of 1999 as amended by Law No. 20 of 2001 and the establishment of the Corruption Eradication Commission (KPK), have strengthened Indonesia's institutional capacity to combat corruption. Nevertheless, persistent challenges remain, including weak law enforcement, political intervention, institutional resistance, and attempts to weaken anti-corruption agencies. Therefore, strengthening institutional independence, improving legal certainty, and enhancing public accountability remain essential for ensuring the effectiveness of corruption eradication efforts in Indonesia.
Analysis of Togel Gambling as a Crime from an Islamic Criminal Law Perspective Dinda Suciana Rambe; Harafi Pasaribu
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.v9i2.29160

Abstract

In Indonesian society, gambling remains a controversial issue. Law enforcement has uncovered numerous cases. This demonstrates that gambling in Indonesia has not been eradicated and is a social ill. Gambling involves deliberate wagering, risking a value or something deemed valuable, while acknowledging the risks and expectations inherent in games, matches, competitions, and other events with uncertain outcomes. Verse 90 of QS Al-Maidah clearly forbids gambling, citing its heinous nature as a satanic act. Therefore, we should refrain from engaging in it. Research methodology is a collection of regulations, activities, and procedures employed by practitioners of a discipline. This type of research is normative legal research, also often referred to as library research. Within the framework of the maqāṣid al-syarī'ah (the principles of Islamic law), gambling clearly contains elements of harm that outweigh its benefits. Therefore, prevention and control efforts need to be comprehensive, encompassing legal, social, and religious approaches. In this context, the implementation of legal sanctions for lottery gambling according to the perspective of Islamic criminal law is categorized as ta'zir sanctions, either in the form of caning or other punishments. In addition, sanctions for perpetrators of gambling who use technology, the government can adjust regulations based on applicable laws.
Correctional Policy and Overcapacity: Alternative Models for Reducing Prison Overcrowding Nur Hidayah; Intan Triningsih
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.v7i2.29350

Abstract

The problem of overcrowding in correctional institutions in Indonesia is a structural issue closely related to the criminal law paradigm, which is still oriented towards imprisonment. Data shows that the number of prison inmates has reached almost twice the ideal capacity, thus disrupting the correctional function, increasing the risk of human rights violations, and decreasing the effectiveness of rehabilitation and social reintegration of prisoners. This study aims to analyze the root causes of overcrowding, evaluate the existing correctional policies, and offer alternative models based on restorative justice and non-imprisonment. Using qualitative methods through a normative juridical approach and policy analysis, this study examines laws and regulations, correctional statistics, and previous research findings. The results show that overcrowding is caused by the dominance of imprisonment, the minimal application of alternative punishments, the imbalance in the officer-to-inmate ratio, and weak coordination between law enforcement agencies. The implementation of restorative justice, supervised criminal justice, social work, and community-based rehabilitation has proven to have significant potential in reducing the number of prison inmates in a sustainable manner. This study recommends reform of correctional policy through the expansion of alternative sentencing options, strengthening institutional capacity, and digitalizing the correctional system as an effort to create a more humane, efficient, and equitable correctional system.
The Role of Law Enforcement Officers in Eradicating Online Gambling Suwandi Suwandi; Bunga Amalia Nasution
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.v6i2.29201

Abstract

Online gambling is a form of cybercrime that has experienced rapid growth along with advances in information and communication technology in Indonesia. This phenomenon not only impacts the legal aspects but also creates social and economic problems in society. This study aims to analyze the role of law enforcement officials in eradicating online gambling practices and identify obstacles faced in the law enforcement process. The research method used is normative juridical, with a statutory regulatory approach and literature review. The results indicate that law enforcement officials play a crucial role through preventive and repressive measures, such as website blocking, investigations, arrests, and prosecutions based on the provisions of the Criminal Code and the Information and Electronic Transactions Law. However, various obstacles remain in its implementation, including technological limitations, the transnational nature of the crime, and a lack of coordination between institutions. Therefore, stronger synergy is needed between the government, law enforcement officials, and the public to increase the effectiveness of eradicating online gambling in Indonesia.
Abuse of Authority as Reviewed from the Perspective of State Administrative Law Dwi Putri Aditya
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.v5i2.29068

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.

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