Jurnal Cendikia ISNU SU is an academic, peer-reviewed, and open-access journal dedicated to the dissemination of knowledge and research in the field of law. It serves as a platform for legal scholars, practitioners, and researchers to share innovative, critical, and transformative studies that contribute to the development of legal theory, legal practice, and their broader impact on society. The journal is committed to fostering scholarly discourse on various aspects of law, both in national and international contexts, while also encouraging interdisciplinary approaches to legal research. Its publications cover diverse areas such as positive law—including criminal law, civil law, and constitutional law—Islamic and Sharia law, including Islamic banking, family law, and inheritance; legal integration within pluralistic frameworks where secular law and Islamic law interact; comparative legal studies between Islamic law and modern legal systems; and in-depth case studies that highlight the practical application and interpretation of law in real-world contexts. Through this scope, Jurnal Cendikia ISNU SU aspires to be an academic medium that not only strengthens legal scholarship but also bridges the gap between legal theory and practice in addressing contemporary challenges. Journal Title : Jurnal Cendikia ISNU SU Initials : JCISNU Frequency : Mei, September, Desember E-ISSN : 3063-9530 Chief Editor : Alfarouq Nauli Muda harahap DOI Prefix : 10.70826 Publisher : ISNU Sumatera Utara Accreditation : Garuda; Google Scholar INDEXED :
From Usul Fiqh to Modern Islamic Legal Theory: The Transformation of Legal Discovery Methodology in the Islamic Intellectual Tradition
The development of modern society has given rise to increasingly complex legal issues, thus demanding reforms in the methodology for discovering Islamic law. In the classical Islamic intellectual tradition, ushul fiqh serves as the primary methodological framework for understanding and establishing law derived from the Qur'an and Sunnah. This study aims to analyze the transformation of the methodology for discovering law from the classical ushul fiqh framework to the development of modern Islamic legal theory within the Islamic intellectual tradition. This study employed library research with historical and normative approaches. Data were obtained through a review of classical ushul fiqh literature and the works of modern Islamic legal thinkers. The historical approach was used to trace the development of the methodology for establishing law within the Islamic tradition, while the normative approach was used to analyze methodological concepts in Islamic legal theory and their relevance to contemporary issues. The results show that classical ushul fiqh developed a methodology for discovering law oriented toward textual analysis of the sources of revelation and the use of legal analogy as a rational instrument in expanding the scope of law. However, the complexity of modern issues has given rise to criticism of the limitations of this approach. In the development of contemporary thought, modern Islamic legal theory seeks to integrate the maqasid al-shariah approach, the principle of benefit, and social analysis as a more contextual methodological framework in the process of legal discovery. This study concludes that the transformation of legal discovery methodology within the Islamic tradition is a process of intellectual evolution aimed at maintaining the relevance of Islamic law in the face of changing times. Therefore, the development of Islamic legal methodology needs to continue to be directed towards integrating normative principles of sharia with analysis of the social realities of modern society.
Copyright (c) 2026 Eka Putra Zakran, Maya Surya https://creativecommons.org/licenses/by-sa/4.0
Maqashid al-Shariah as a Paradigm of Contemporary Islamic Legal Theory
Maqashid al-shariah is a fundamental concept in Islamic law that explains the purpose of establishing sharia to realize human welfare. In the development of modern Islamic legal thought, this concept is increasingly gaining attention as a methodological approach in understanding Islamic law more contextually. This study aims to analyze the basic concept of maqashid al-shariah, the development of its thought in the tradition of classical scholars, and its relevance as a paradigm in the development of contemporary Islamic legal theory. This study uses a qualitative approach with a literature study method through a conceptual analysis of classical and modern literature on maqashid al-shariah. The results of the study indicate that the concept of maqashid al-shariah has been formulated systematically by scholars of the usul fiqh, especially Abu Hamid Al-Ghazali and Abu Ishaq Al-Shatibi, who emphasize that the main purpose of sharia is to maintain human welfare through the protection of five basic needs. In the development of modern thought, this concept was then expanded by thinkers such as Muhammad al-Tahir Ibn Ashur and Yusuf al-Qaradawi so that maqashid was not only understood as a theory in the principles of fiqh, but also as a methodological paradigm in formulating more contextual Islamic law. In conclusion, maqashid al-shariah has significant relevance as a paradigm in the development of contemporary Islamic legal theory because it is able to explain the relationship between the text of the sharia and the beneficial objectives to be realized. Therefore, the maqashid approach needs to continue to be developed in the study of Islamic law so that it can make a more adaptive contribution to the dynamics of modern society.
Copyright (c) 2026 Sofwan Tambunan, Zaini Munawir, Ahmad Senang https://creativecommons.org/licenses/by-sa/4.0
Reconstruction of the Theory of Legal Authority in Islam: Dialectics between Revelation, Reason, and Social Reality
This study discusses the reconstruction of the theory of legal authority in Islam by examining the interaction between revelation, reason, and social reality. The background of the research arises from the need to understand Islamic law as a normative system derived from revelation, but also must be responsive to the dynamics of modern society. The study aims to analyze the construction of the theory of legal authority in Islam and examine how revelation, rationality, and social context interact in the formation of law. The method used is qualitative research with a library research approach, combining historical and conceptual analysis. Data sources include classical literature on ushul fiqh, contemporary Islamic legal thought, the Qur'an, Hadith, and related academic documents. The analysis is conducted critically, comparatively, and dialectically to examine the relationship between the normative principles of revelation, the role of reason in ijtihad, and the influence of social reality. The results show that revelation functions as a normative and ethical foundation, reason plays a methodological instrument through qiyas, istihsan, and maslahah to interpret law according to context, and social reality encourages legal adaptation through contextual ijtihad. Contemporary thought emphasizes a reconstruction of law that balances the authority of texts with the needs of modern society, with the maqasid al-shariah and collective deliberation as guiding principles. In conclusion, Islamic law is dynamic and adaptive, capable of maintaining the legitimacy of revelation while remaining relevant to contemporary challenges. The research recommends developing a holistic approach that integrates revelation, reason, and social reality, strengthens collective ijtihad, and ensures Islamic law remains relevant, responsive, and just.
Copyright (c) 2026 Abdul Rahman, Muhammad Sopyan, Khairuddin Hasibuan https://creativecommons.org/licenses/by-sa/4.0
Annulment of Arbitral Awards as an Extraordinary Legal Remedy: Distortion or Protection of Justice
This paper examines the annulment of arbitral awards within the Indonesian legal system as an extraordinary legal remedy that intersects with the principles of arbitral autonomy and final and binding effect. The background of the study is grounded in the growing reliance on arbitration as an efficient and autonomous mechanism for resolving commercial disputes, alongside emerging controversies arising from judicial intervention in annulment proceedings. This research employs a normative legal method, using statutory and conceptual approaches. The research stages include identifying legal issues, collecting and classifying relevant legal materials, conducting normative analysis, and drawing deductive conclusions. The results and discussion demonstrate that Law Number 30 of 1999 strictly limits annulment to procedural defects of a fundamental nature, such as document forgery, decisive new evidence, or fraud, and does not permit substantive review of arbitral awards. However, judicial practice reveals interpretative inconsistencies that risk distorting arbitral finality. The study concludes that annulment should function as a procedural safeguard to protect justice without undermining the essence of arbitration.
Copyright (c) 2026 Khairunnisa Siregar, Nadilah Andini, Suci Hidayati Malau, Raja Muda Pahlevi Siregar, Ahmad Yasin Dongoran https://creativecommons.org/licenses/by-sa/4.0
The Urgency of Arbitration in Resolving Investment Disputes in Indonesia
Investment plays a strategic role in driving economic growth but is prone to disputes arising from contractual differences, breaches, or regulatory shifts. In Indonesia, conventional court litigation often proves lengthy, costly, and lacks confidentiality, prompting the need for effective alternative dispute resolution. This paper employs a normative legal research method, analyzing primary sources such as Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution, Law Number 25 of 2007 on Investment, and the 1958 New York Convention, alongside secondary literature. The study examines the position, urgency, legal framework, and enforcement of arbitration in investment disputes. Findings indicate that arbitration provides a legally recognized, final, and binding mechanism that ensures efficiency, neutrality, and confidentiality, thereby fostering investor confidence. Despite certain procedural and practical challenges, the integration of arbitration with judicial oversight maintains its effectiveness. The paper concludes that strengthening Indonesia’s arbitration system and harmonizing it with international norms is vital for promoting a stable and competitive investment climate.
Copyright (c) 2026 Imamuddin, Vressilia Witama, M. Rangga Syahputra Saragih, Rayhan Nandini Telaumbanua https://creativecommons.org/licenses/by-sa/4.0
Corporations Before Arbitral Awards: Between Contractual Autonomy and State Intervention
The increasing complexity of corporate business activities has intensified the potential for commercial disputes, thereby necessitating effective, efficient, and legally certain dispute resolution mechanisms. Arbitration has emerged as a preferred alternative for corporations due to its flexibility, confidentiality, and reliance on contractual autonomy. This study examines the legal status of corporations as subjects of law in arbitration, the scope of contractual autonomy in determining arbitral mechanisms, and the limits of state intervention through courts in Indonesia. Employing a normative legal research method with statutory and conceptual approaches, the research analyzes Law Number 30 of 1999 and relevant legal doctrines through systematic stages of issue identification, legal material collection, normative analysis, and conclusion formulation. The findings indicate that corporations possess full legal capacity to bind themselves to arbitration agreements and are obligated to comply with final and binding arbitral awards. Judicial intervention is strictly limited to procedural aspects of recognition, enforcement, and annulment, thereby preserving arbitral finality while ensuring legal certainty.
Copyright (c) 2026 Ahmad Nizar Mohammad Syamwil, Nur Hafizah Husna, Siti Kholizah, Irpan Mauliandi Damanik, Rahmad Fauzi Hasibuan https://creativecommons.org/licenses/by-sa/4.0
The Legal Force of Arbitral Awards in the Indonesian Judicial System
Arbitration in Indonesia serves as a strategic alternative dispute resolution mechanism, legally grounded in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This study examines the position, legal force, and practical implications of arbitral awards within the national judicial system. Employing a normative juridical method combined with a descriptive qualitative approach, the research analyzes legislation, arbitral awards, court decisions, and relevant literature. Data collection involved literature review, secondary data on national and international awards, and juridical analysis of court supervision and enforcement practices. The findings indicate that arbitral awards are final and binding, while courts retain limited oversight for annulment or enforcement, ensuring legal certainty and justice. The study also highlights the strategic role of arbitration in supporting business operations, enhancing investor confidence, and promoting efficient dispute resolution. Ultimately, arbitral awards contribute to a credible, neutral, and effective legal framework, fostering a favorable investment climate and strengthening Indonesia’s competitiveness in the global economy.
Copyright (c) 2026 Abdul Hakim, Dinda Ayu Arini Chaniago, Yara Shita, Wenni Nahdiani Tanjung https://creativecommons.org/licenses/by-sa/4.0
Confidentiality In The Arbitration Process And Its Implications For Legal Transparency
This paper examines the application of the confidentiality principle in arbitration and its implications for legal transparency. Arbitration, as an alternative dispute resolution mechanism, emphasizes efficiency, procedural flexibility, and the protection of parties’ interests, with confidentiality serving to safeguard sensitive information, trade secrets, and corporate strategies. Using a qualitative descriptive-analytical approach, data were collected through literature studies, including legislation, arbitration rules, awards, and academic sources. The research was conducted systematically in several stages: identification of issues, collection of secondary data, qualitative analysis through thematic coding, and formulation of conclusions and recommendations. The findings indicate that while confidentiality ensures secure dispute resolution and protects business interests, it can hinder transparency, limit public access to legal information, and create uncertainty for third parties. Legal mechanisms, such as judicial oversight and anonymized award publications, alongside digital security measures, are essential to balance confidentiality and transparency. These approaches contribute to the development of consistent, accountable, and modern arbitration practices.
Copyright (c) 2026 Fitria Mukhtar Siregar, M. Abdillah, Suci Hidayati Malau, Raja Muda Pahlevi Siregar https://creativecommons.org/licenses/by-sa/4.0
Trends In Cross Border Arbitration: Legal Challenges And Implementation In Indonesia
This paper examines the trends, legal challenges, and effectiveness of cross-border arbitration in Indonesia within the context of contemporary international trade and investment. The rapid growth of global commerce necessitates reliable dispute resolution mechanisms, positioning international arbitration as a preferred alternative due to its neutrality, procedural flexibility, and enforceability under instruments such as the 1958 New York Convention. Using a normative juridical approach, this study analyzes primary and secondary legal sources, including statutory regulations, scholarly literature, and arbitral decisions, through systematic stages of data collection, analysis, and synthesis. The findings reveal that while Indonesia possesses a solid legal framework for arbitration, practical challenges persist, including inconsistent judicial interpretations, limited institutional capacity, high procedural costs, and deficiencies in arbitration clause drafting. These factors affect the effectiveness and credibility of international arbitration. The study concludes with recommendations for harmonizing domestic law with international standards, enhancing institutional capacity, and promoting empirical research to strengthen Indonesia’s role as a competitive forum for cross-border dispute resolution.
Copyright (c) 2026 Annisa Putri Sinaga, Annisa Putri Andini Tanjung, Siti Salmiah Dalimunthe, Rahman Al Fauzi Siregar https://creativecommons.org/licenses/by-sa/4.0
The Challenges and Opportunities of Arbitration in the Digital Era: Legal Perspectives and Online Dispute Resolution Practices
This study examines the challenges and opportunities of arbitration in the digital era, focusing on the legal and practical perspectives of online dispute resolution in Indonesia. The research is motivated by the rapid development of information technology, which has transformed dispute resolution mechanisms through digital platforms, particularly in e-commerce transactions and cross-border contracts. This study employs a normative legal approach or doctrinal research, analyzing legislation, legal theory, academic literature, and jurisprudence related to digital arbitration. The research stages include problem identification, literature review, collection of primary and secondary data, and qualitative analysis to evaluate the challenges and benefits of digital arbitration. The findings indicate that while national regulations do not explicitly govern online arbitration, they provide a legal foundation through principles of party consent, arbitrator independence, and award recognition. Moreover, digital arbitration offers cost and time efficiency, procedural flexibility, broader access, and technological innovations, provided that fairness, confidentiality, and legal certainty are ensured through secure platforms and competent arbitrators.
Copyright (c) 2026 Irham Mahromy Munthe, Maria Arfah Nasution, Ahmad Yasin Dongoran, Usamah Zaki https://creativecommons.org/licenses/by-sa/4.0
Investor Protection Through Arbitration: The Urgency of Alternative Mechanism in Resolving Investment Disputes in Indonesia
This study examines the strategic role of arbitration as a mechanism for resolving investment disputes in Indonesia. Investment plays a vital role in national economic development, yet it inherently carries the potential for conflicts between investors, business partners, and the government. Conventional litigation often proves lengthy, costly, and insufficiently confidential, prompting a demand for alternative dispute resolution. This research employs normative legal methods (doctrinal research), using statute and conceptual approaches to analyze relevant legislation, including Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution and Law No. 25 of 2007 on Investment, as well as arbitral awards and scholarly literature. The study systematically identifies legal issues, collects and classifies legal materials, and applies qualitative analysis through grammatical, systematic, and teleological interpretation. Findings indicate that arbitration provides legal certainty, procedural flexibility, neutrality, and enforceable outcomes, strengthened by Indonesia’s ratification of the 1958 New York Convention. Despite legal and practical challenges, arbitration effectively protects investor rights, supports a conducive investment climate, and enhances Indonesia’s economic competitiveness. Recommendations include strengthening institutions, human resources, and future research aligned with digital and cross-border investments.
Copyright (c) 2026 Ikhsan Sahriyan, M. Fazli Pratama, Rahman Al Fauzi Siregar, Siti Salmiah Dalimunthe, Usamah Zaki https://creativecommons.org/licenses/by-sa/4.0
Corruption in the Perspective of Islamic Criminal Law and Indonesian Criminal Law Reform
Corruption is a multidimensional problem that not only harms the state's finances, but also damages the moral, social, and justice order of society. In an Islamic perspective, corruption is seen as a despicable act that is contrary to the principles of trust and justice, although the term corruption is not found explicitly in classical jurisprudence literature. The Qur'an and Sunnah have substantively regulated the prohibition of acts that have a corrupt character through the concepts of ghulul, thioniah, risywah, ghasab, and unlawful possession-eating. This condition requires the formulation of anti-corruption fiqh that is contextual and relevant to modern legal challenges. This research aims to analyze the concept of corruption from the perspective of Islamic criminal law and formulate anti-corruption jurisprudence with the approach of maqāṣid al-syarī'ah, as well as examine its relevance to the Indonesian criminal law system. The research method used is normative legal research with a conceptual, philosophical, and legislative approach, through the study of the Qur'an, Sunnah, fiqh rules, classical and contemporary fiqh literature, as well as laws and regulations related to corruption. The results of the discussion show that corruption in Islamic criminal law is more appropriately qualified as jarīmah ta'zīr because it does not have explicit sanctions in nash, but it has a broad and systemic impact. The principles of maqāṣid al-syarī'ah place corruption as a serious violation of the protection of property and even human souls. Corruption eradication regulations in Indonesia's positive law are basically in line with the principle of ta'zīr as long as it is oriented towards the public good. This study concludes that the integration of anti-corruption fiqh values with national criminal law is a strategic step in realizing the rule of law that is just and based on moral and social values.
Copyright (c) 2026 Yoyok Adi Syahputra, Mhd Yadi Harahap https://creativecommons.org/licenses/by-sa/4.0
Hudud Adultery and Sexual Crimes: A Comparison of Qanun Jinayat and the National Criminal Code
The regulation of the crime of adultery in Indonesian law shows that there is a fundamental difference between Qanun Aceh Number 6 of 2014 concerning the Jinayat Law and Law Number 1 of 2023 concerning the Criminal Code. These differences are not only related to the formulation of delicacies, but also reflect the difference in legal paradigm between Islamic criminal law which emphasizes the protection of public morals and national criminal law which is oriented towards the protection of private rights and human rights. This condition raises juridical problems related to consistency, legal certainty, and limits of state authority in regulating the sexual behavior of citizens. This study aims to analyze and compare the conception of adultery, the nature of delicacy, the mechanism of proof, and the orientation of punishment in Qanun Jinayat and the National Criminal Code. This study uses normative legal research methods with legislative, conceptual, and comparative approaches. Legal materials are obtained through literature studies of laws and regulations, Islamic legal sources, and relevant legal literature, then analyzed qualitatively and prescriptively. The results of the discussion show that Qanun Jinayat views adultery as a hudud jarimah with theological and social dimensions, so that it can be processed without complaints and applies very strict evidentiary standards as a form of prudence. The National Criminal Code places adultery as an absolute complaint with a modern evidentiary system, which emphasizes the orientation to the protection of family privacy and honor. This study concludes that the difference in the regulation of adultery reflects the plurality of Indonesian criminal law and demands the harmonization of criminal law policies to be in harmony with religious values, human rights, and the principles of the modern state of law.
Copyright (c) 2026 Danang Dermawan, Mhd Yadi Harahap https://creativecommons.org/licenses/by-sa/4.0
The Penal System in Islamic Law: The Concepts of Jarimah, Uqubat, and Taʿzir
The penal system in Islamic law is an integral part of the sharia which aims to maintain social order, uphold justice, and protect human dignity. The concept of jarimah as a criminal act in Islamic law is not only understood as a violation of legal norms, but also as a violation of divine provisions derived from the Qur'an and Sunnah. Criminality in Islam is manifested through uqubat which is classified into hudud, qishash-diyat, and taʿzir, each of which has different characteristics, purposes, and legal basis. This research aims to analyze conceptually and normatively the penal system in Islamic law by focusing on the definition of jarimah, forms of uqubat, and the principles of criminal law that underlie it. The research method used is normative legal research with a conceptual, philosophical, and normative-shari'a approach, through the study of the Qur'an, Sunnah, the opinions of the jurists, and Islamic criminal law literature. The results of the discussion show that the penal system in Islamic law is built on the principles of justice, certainty, and benefit, which is reflected in the strict standard of proof of hudud, the proportional nature of qishash-diyat, and the flexibility of taʿzir in responding to social dynamics. The difference in the views of scholars in interpreting the postulates of criminalization confirms that Islamic criminal law has an adaptive character without losing its normative legitimacy. The conclusion of this study emphasizes that the penal system in Islamic law is a comprehensive legal system and oriented towards substantive justice, crime prevention, and protection of maqāṣid al-syarī'ah.
Copyright (c) 2026 Arifin Siahaan, Mhd Yadi Harahap https://creativecommons.org/licenses/by-sa/4.0
Qisas in the Crime of Murder: A Comparison of Islamic Criminal Law and the Criminal Code
The crime of murder is the most serious crime because it directly deprives people of the right to life, thus demanding a penal system that not only provides legal certainty, but also substantive justice. Islamic criminal law through the concepts of qisās and diyat offers a model of punishment that balances retributive justice, humanity, and welfare, by giving a central role to the victim's family. Meanwhile, the Indonesian Criminal Code, both in its old form and through Law No. 1 of 2023, places murder as a crime against the state with a penal approach that is increasingly shifting towards corrective and rehabilitative, especially through the provision of the conditional death penalty. This study aims to analyze and compare the concept of qisās in Islamic criminal law with the regulation of the crime of murder in the Indonesian Criminal Code in order to find common points and fundamental differences in the paradigm of justice adhered to. The research method used is normative legal research with legislative, conceptual, and comparative legal approaches, through literature studies on sources of Islamic law and positive law. The results of the discussion showed that Islamic criminal law emphasizes commensurate justice and the right to forgiveness of victims as a mechanism of social control, while the Criminal Code emphasizes the dominance of the state in criminalization with limited space for the role of the victim. In conclusion, this comparison shows that the values of justice in qisās have conceptual relevance to enrich the development of a national criminal law that is more just, humane, and responsive to the interests of victims without neglecting the principle of the rule of law.
Copyright (c) 2026 Kamaluddin Pane, Mhd Yadi Harahap https://creativecommons.org/licenses/by-sa/4.0
Jarimah Qadzaf and Uqubatnya, Comparison Between Qonun No. 4 of 2014 concerning Jinayat and the Criminal Code
The phenomenon of accusations of adultery without real evidence and defamation raises serious problems in the moral, social, and legal order of society. In the perspective of Islamic law, this act is known as jarimah qadzaf, which not only damages the reputation of the individual but also interferes with social integrity and the principle of justice. The application of qadzaf in Indonesia shows that there is a fundamental difference between national law and the sharia qanun that applies in Aceh, thus creating challenges in legal harmonization. This study aims to analyze the concept of jarimah qadzaf and its uqubat, as well as compare its application between Qanun Aceh No. 4 of 2014 concerning Jinayat and the Criminal Code (KUHP). The research method used is normative research with a comparative law approach, based on the study of legal documents in the form of the Qur'an, Hadith, Qanun, and the Criminal Code, as well as relevant secondary legal literature. The analysis is carried out qualitatively to understand the substantive, philosophical, and procedural aspects of the existing regulations. The results of the study showed that Qanun Aceh placed qadzaf as a hudud crime with the sanction of eighty lashes, focusing on the protection of individual honor and preventive effects. While the Criminal Code places the accusation of adultery as a defamation complaint with imprisonment or fines, it emphasizes procedural certainty rather than moral and spiritual aspects. This difference reflects the different legal philosophies between the sharia approach and national positive law, but both have the goals of protecting the community and enforcing justice. In conclusion, a deep understanding of qadzaf and its comparison with the Criminal Code is important to integrate moral principles, ethics, and legal procedures, as well as ensure fair protection of individuals and social interests.
Copyright (c) 2026 Saifuddin AW, Mhd Yadi Harahap https://creativecommons.org/licenses/by-sa/4.0
Settlement of Child Criminal Cases of Terrorism Criminals through Restorative Justice (Al-Isti'adah) in Islamic Criminal Law
The case of a child perpetrator of a terrorism crime raises complex problems related to law enforcement and child protection. The social, psychological, and moral impact of acts of terrorism on victims and societies requires an approach that is not only repressive, but also educational and restorative. Islamic criminal law offers the principles of justice and rehabilitation through the concept of al-isti'adah, which emphasizes the restoration of wrongs, moral construction, and the restoration of social harmony. This study aims to analyze the settlement of child cases of terrorism perpetrators through al-isti'adah-based restorative justice in Islamic criminal law. The research also assesses the relevance of Islamic legal principles with national laws and regulations related to child protection and the eradication of terrorism crimes. The research method used is normative, with a literature study and document analysis approach. Data sources include the Quran, Hadith, Indonesian laws and regulations, ulema fatwas, legal literature, and relevant previous research. The analysis was carried out qualitatively using content analysis techniques, mapping norms, restorative justice principles, and the application of al-isti'adah in the context of children of perpetrators of terrorism crimes. The results of the study show that the al-isti'adah-based restorative justice approach allows the restoration of relationships between perpetrators, victims, and society, as well as providing moral and spiritual education for children. The involvement of families, communities, and law enforcement is a key factor in the success of rehabilitation. The integration of Islamic legal principles with the Child Protection Law and the Terrorism Eradication Law has resulted in a humane, proportionate, and effective law enforcement mechanism in preventing recidivism. In conclusion, the al-isti'adah-based restorative justice model provides comprehensive solutions for the resolution of child cases of terrorism perpetrators, prioritizing social recovery, moral education, and the reintegration of children into society.
Copyright (c) 2026 Muhammad Firman Akhsani, Mhd Yadi Harahap https://creativecommons.org/licenses/by-sa/4.0
Riddah (apostasy) efforts in performing interfaith marriages
The phenomenon of riddah or apostasy in the context of interfaith marriage in Indonesia poses significant legal and social complexity. A person's actions to leave religion to marry a follower of another religion raises questions related to the legality of marriage, the status of children, and social implications. Indonesia as a legal country upholds freedom of religion, but Law No. 1 of 1974 concerning Marriage requires religious conformity for couples, so the practice of riddah presents a tension between individual rights and religious norms. This study aims to analyze the efforts of riddah in interfaith marriage normatively, assess the legal, social, and moral consequences, and evaluate the harmonization between national law and fiqh principles. The research focus includes an analysis of the legal status of marriage, children's rights, and social implications for individuals and society. This research also provides normative guidance for law officials, religious leaders, and the community in handling cases of interfaith marriage that trigger riddah. The method used is normative with a descriptive qualitative approach. The analysis was carried out through the study of Islamic legal doctrines, laws and regulations, fatwas of the Indonesian Ulema Council, as well as legal and social literature related to interfaith marriage and apostasy. This approach allows the identification of legal dualism between the absolute norms of Islamic law and positive legal procedures, while assessing the social and moral implications of the phenomenon. The results of the analysis show that riddah for the sake of interfaith marriage causes legal uncertainty and potential for social conflict. Islamic law emphasizes the validity of faith as a valid condition for marriage, while national law requires religious suitability. The normative approach emphasizes the importance of harmonization between positive law, fiqh, and social norms to create legal certainty, moral protection, and social stability. The integration of norms is the main instrument in managing conflicts, guaranteeing individual rights, and maintaining justice in a pluralistic society.
Copyright (c) 2026 Afriansyah, Mhd Yadi Harahap https://creativecommons.org/licenses/by-sa/4.0
Sirqah In The Concept Of Islamic Criminal Law: Theft That Is Not Restricted (Hudud Sanctions)
Theft is one of the criminal acts that receives special attention in Islamic criminal law. This act is categorized as sirqah and has hudud sanctions if it meets certain requirements, such as the minimum amount of property, legal evidence, and the condition of the perpetrator who is mature and sane in his mind. The phenomenon of theft that does not meet hudud requirements creates complexity in law enforcement, because it still harms the victim but cannot be subject to a fixed punishment. This study highlights the relevance of the ta'zir mechanism as a flexible and humanistic alternative sanction, as well as the role of Islamic legal norms in balancing legal certainty, social justice, and rehabilitation of perpetrators. This study aims to analyze the concept of sirqah in Islamic criminal law, evaluate the application of hudud and ta'zir sanctions, and examine the relevance of Islamic legal norms in the context of unrestricted theft. The normative approach is used by examining primary legal sources such as the Qur'an, Hadith, and fiqh books, as well as secondary literature in the form of journals, books, and academic documents. The analysis was carried out qualitative-descriptive to understand the legal mechanism, the principles of maqashid al-shari'ah, and the flexibility of ta'zir sanctions. The results of the study show that non-hudud theft is still regulated through ta'zir sanctions that are adjusted to the intention, condition of the perpetrator, and social impact. Islamic legal norms emphasize the protection of victims' rights, the certainty of court procedures, and the rehabilitative effect for perpetrators. Ta'zir is an adaptive instrument to uphold justice, educate the community, and prevent the repetition of criminal acts. This approach shows that Islamic criminal law is not only repressive, but also humanistic, preventive, and restorative. The conclusion of this study confirms that Islamic criminal law is able to balance legal certainty, social justice, and rehabilitation goals in dealing with non-hudud theft. The normative and procedural application of ta'zir ensures the protection of victims' rights while providing educational and moral opportunities for perpetrators, so that the law remains relevant and adaptive to modern socio-economic dynamics.
Copyright (c) 2026 Suhardiman, Mhd Yadi Harahap https://creativecommons.org/licenses/by-sa/4.0
Extra-Judicial Killing in the Perspective of Islamic Criminal Law
Extra-judicial killing or extrajudicial killings outside legal procedures has become a phenomenon that causes controversy in the realm of law, ethics, and human rights because these actions are carried out without a legitimate judicial mechanism. This practice raises a dilemma between the interests of public security and the protection of individual rights. This study aims to analyze the legitimacy, social and moral impact, and comparison of Islamic criminal law norms with contemporary practices related to extra-judicial killing. The research uses a normative or normative juridical approach by analyzing primary sources in the form of the Qur'an, Hadith, classical fiqh, and the principles of maqashid al-sharia, as well as secondary sources in the form of academic literature, journals, and national regulations related to the taking of life and law enforcement. The analysis was carried out descriptively-analytically and comparatively to assess the suitability of empirical practices with sharia norms. The results of the study show that Islamic criminal law places human life as a fundamental right that can only be taken through formal procedures such as qisas and diyat with court supervision, so that unilateral actions by the authorities have no legal legitimacy and give rise to moral and spiritual responsibilities. The social impact of this practice includes psychological trauma of victims and families, public distrust of the authorities, social instability, and the potential for the emergence of a culture of violence. A comparison of Islamic legal norms with contemporary practices highlights the tension between public security and the principle of justice, where sharia norms emphasize accountability, transparency, and protection of individual rights. In conclusion, fair and ethical legal procedures in accordance with the principles of maqashid al-sharia are important instruments to prevent extra-judicial killings, maintain social stability, and strengthen the legitimacy and morality of law enforcement officials.
Copyright (c) 2026 Said Reza Pahlevi, Mhd Yadi Harahap https://creativecommons.org/licenses/by-sa/4.0
Comparative Review of Jarimah Khalwat and Ikhtilath: An Analysis of Uqubat in Qanun No. 4 of 2014 and the Indonesian Criminal Code
The regulation of jarimah khalwat and ikhtilath is part of Islamic criminal law efforts in maintaining the morality and honor of the community. Both acts are seen as acts that pave the way to more serious moral violations that require preventive legal arrangements. The existence of Qanun No. 4 of 2014 concerning Jinayat in Aceh presents a model of formalization of Islamic criminal law in the plural Indonesian national legal system, while the Criminal Code regulates morality in general without explicitly recognizing the concepts of khalwat and ikhtilath. This study aims to analyze comparatively the regulation and uqubat jarimah khalwat and ikhtilath in Qanun Jinayat and compare it with the regulation of morality in the Indonesian Criminal Code. The research method used is normative legal research with a statutory and conceptual approach, using primary legal materials in the form of Qanun No. 4 of 2014 concerning Jinayat and the Criminal Code, as well as secondary legal materials in the form of Islamic criminal law literature and national criminal law. The results of the discussion show that Islamic criminal law places khalwat and ikhtilath as jarimah ta'zir which is oriented towards the prevention and moral protection of the community, while Qanun Jinayat formulates both acts expressly with proportional and flexible uqubat. The Criminal Code has a different approach by emphasizing concrete consequences and the protection of individual freedoms. This paradigm difference reflects the pluralism of criminal law in Indonesia and emphasizes that Qanun Jinayat functions as a lex specialis that lives in the social and religious context of the Acehnese people, so harmonization with the Criminal Code needs to be carried out through the recognition of regional specificity and a dialogue of fair values.
Copyright (c) 2026 Muniruddin Ritonga, Mhd Yadi Harahap https://creativecommons.org/licenses/by-sa/4.0
The Dualism of the Arrangement of Jarimah Khamar and Maisir: A Comparison of Uqubat and Witnesses between Qanun Jinayat Aceh and the Criminal Code in 2023
The dualism of the regulation of jarimah khamar and maisir in Indonesia is a consequence of the recognition of legal pluralism in the national legal system. Qanun Jinayat Aceh as a criminal law based on Islamic sharia coexists with the 2023 Criminal Code as a national criminal law. These fundamental philosophical and normative differences cause differences in the formulation of delik, the type of uqubat, as well as the system of proof and witnesses, which has the potential to give rise to legal uncertainty and differences in legal treatment of legal subjects. This study aims to analyze and compare the arrangement of jarimah khamar and maisir between the Qanun Jinayat Aceh and the 2023 Criminal Code, focusing on the difference in uqubat and witness provisions. This study also aims to examine the normative implications of the regulatory dualism in the context of the national criminal law system. The research method used is normative legal research with legislative, conceptual, and comparative legal approaches. Legal materials consist of primary legal materials in the form of related laws and regulations, as well as secondary legal materials in the form of literature, scientific journals, and the doctrine of criminal law and fiqh jinayah. The analysis is carried out qualitatively through systematic and teleological interpretation. The results of the discussion show that Qanun Jinayat Aceh views khamar and maisir as jarimah that threaten the moral and religious order of society, so that uqubat is formulated in the form of ta'zir sanctions that are symbolic and preventive, with a proof system influenced by the principles of fiqh jinayah. The 2023 Criminal Code regulates similar acts within the framework of modern criminal law that focuses on public order and legal certainty, with criminal sanctions of imprisonment and fines as well as a national evidentiary system. This study concludes that the dualism of regulation reflects the challenge of harmonizing national criminal law in a pluralistic legal state, so that legal policies are needed that are able to bridge religious values, legal certainty, and human rights protection proportionately.
Copyright (c) 2026 Romel Tarigan, Mhd Yadi Harahap https://creativecommons.org/licenses/by-sa/4.0
Criminal Acts of Persecution in the Perspective of Islamic Criminal Law and the Criminal Code: A Comparative Analysis of Concepts and Sanctions
The crime of persecution is a crime against the human body that has a direct impact on the protection of human rights, a sense of justice, and social order, so that its regulation is an important issue in criminal law. Differences in the applicable legal system affect how an act is qualified as persecution and how criminal sanctions are imposed on the perpetrator. This paper aims to analyze comparatively the concept of the criminal act of persecution and its sanctions from the perspective of Islamic Criminal Law and the Criminal Code, as well as assess the relevance of the normative values contained in it for the development of national criminal law. This study uses normative legal research methods with legislative, conceptual, and comparative approaches. The legal materials used include laws and regulations, sources of Islamic law, as well as relevant legal doctrines and literature, which are analyzed qualitatively by prescriptive-analytical methods. The results of the discussion show that the Criminal Code views persecution as a violation of public order and the legal interests of the state with the imposition of criminal sanctions that are repressive and state-centric, so that the role of victims in the criminal process is relatively limited. Islamic Criminal Law views persecution as a jinayah against the human body that emphasizes the principles of balance, proportionality, and protection of the rights of victims through the concepts of qishash and diyat, as well as opening up space for forgiveness and the restoration of social relations. The conclusion of this study confirms that the comparison of the two legal systems shows a significant difference in the criminal paradigm, where the values of substantive justice and restorative orientation in Islamic Criminal Law have important relevance to be used as a normative reference in the reform of national criminal law, especially in the regulation of criminal acts of persecution that are more just and humane.
Copyright (c) 2026 Fery Dianta Ginting, Mhd Yadi Harahap https://creativecommons.org/licenses/by-sa/4.0