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Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Published by Universitas Islam Negeri Sumatera Utara
ISSN : -     EISSN : 2776253X     DOI : -
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam, this journal accepts research articles, conceptual articles, field study reports, book reviews on social studies and law such as: 1. Social; 2. Law; 3. Theology; 4. Economy; 5. Philosophy; 6. Gender; 7. Regional Studies; 8. Islamic Studies; 9. And other related fields.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 104 Documents
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The Role and Authority of Notaries in Ensuring the Legality of the Establishment of Village-Owned Enterprises (BUMDes) in Accordance with Government Regulation No. 11 of 2021 Wiyati, Khadijah Ongtien Wahyuning; Sudirman, Hanifa; Pamungkas, Bayu Tri; Sanjaya, Alya Afiffa Raihana Nissa; Gultom, Elisatris
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 1 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i1.24162

Abstract

This study examines the role and authority of notaries in ensuring the legality of establishing Village-Owned Enterprises (BUMDes) in accordance with the provisions of Government Regulation No. 11 of 2021. BUMDes, as an economic entity established by villages, plays a crucial role in improving the welfare of the village community. However, many BUMDes lack legal entity status, leading to unclear legal accountability and potential legal issues in managing village assets. This research employs a normative juridical method with a legislative approach to analyze the role of notaries in creating establishment deeds and the legal entity confirmation of BUMDes. The study findings indicate that notaries play a critical role in guaranteeing legal certainty and accountability in BUMDes management, as well as protecting the village assets being managed. The research also identifies challenges in the implementation of this regulation and provides recommendations to strengthen collaboration between notaries and village governments.
Legal Protection against Phishing Crimes in the Banking Industry (Case Study of a State-Owned Bank) Az-zahra, Amalia; Marpaung, Zaid Alfauza; Rohmansyah, Rohmansyah; Hanan, Riko Akbar
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 1 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i1.23538

Abstract

The development of the increasingly sophisticated global era has made technology in the digital footprint industry an important part of people's lives, especially in social and financial activities. In this case, this study aims to determine the form of protection carried out by one of the banks in Indonesia in an effort to anticipate the emergence of Phising crimes in the banking industry and also the application of legal protection against Phising crimes in the banking industry. This study will use a descriptive analysis method, focusing on literature studies from various sources related to the topic of this article. The results of the study indicate that in anticipating Customer Protection, one of the banks in Indonesia has carried out various efforts to protect customers from Phising crimes. These steps include customer education through socialization and brochures, increasing awareness by appealing to customers to be more critical in making transactions, and implementing sophisticated technology in the banking security system. In addition, the bank also provides effective complaint services and has guidelines for blocking accounts and providing compensation guarantees for customers who are victims of Phising crimes. Compliance with Laws and Regulations: Legal protection measures taken by PT. BANK BUMN are in line with various applicable laws and regulations, such as the Law on Banking, Consumer Protection, Information and Electronic Transactions (ITE), and Personal Data Protection and has implemented policies that support customer protection and personal data security in accordance with applicable laws in Indonesia.
Legal Construction of Foundations as Parent Companies to Limited Liability Companies (LLCs) in the Perspective of the Foundation Law and the Limited Liability Company Law Shafiya, Tiara Alvyya; Naibaho, Cecilya Regnawaty; Nahdi, Nazir Saleh; Gultom, Elisatris
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 1 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i1.24196

Abstract

A foundation, as a legal entity aimed at social, religious, and humanitarian purposes, often faces legal issues when establishing or controlling a Limited Liability Company (LLC) to support its social activities. This study aims to examine the legal relationship between a foundation as the parent company and the LLC as the subsidiary, based on the provisions in the Foundation Law and the Limited Liability Company Law. The research also analyzes the legal consequences arising if one of the entities incurs losses, whether the foundation or the LLC. The results show that although a foundation can establish an LLC, deviations occur in practice, such as the concurrent roles of foundation managers in the LLC, leading to conflicts of interest and misuse of funds. The case of the Aksi Cepat Tanggap (ACT) Foundation illustrates the importance of separating the foundation's social activities from the business interests of the LLC. Therefore, legal reform is needed to strengthen oversight, transparency, and accountability in the relationship between foundations and LLCs.
Judicial Analysis of Corruption Verdicts Concerning the Misappropriation of Social Assistance Funds During a National State of Emergency (Case Study of Decision No. 29/Pid.Sus-Tpk/2021/PN.Jkt.Pst) Pangaribuan, Olwin Andrew; Putra, Mohammad Eka; Marlina, Marlina
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 1 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i1.24198

Abstract

This study discusses the crime of corruption, where corruption is an act that is detrimental to the state, where the act is carried out in a matter that aims to enrich oneself, where this act of corruption is regulated in Law Number 31 of 1999 which is different from Law Number 20 of 200. This study uses a normative legal research method which uses secondary data as primary legal material, Criminal liability is a concept that determines whether a person can be punished for the actions he has committed. The elements of criminal liability are: the existence of a crime committed by the perpetrator, the existence of an element of error, the ability to be responsible and the absence of a reason for forgiveness. Criminal liability for corruption in social assistance funds is regulated in Article 2 paragraph 2 of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption.
Legal Implications and Challenges of Informal Sale and Purchase Binding Agreements (PPJB): The Role of Notaries in Ensuring Legal Validity and Protection Azzahra, Sani
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 1 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i1.23912

Abstract

The Preliminary Sale and Purchase Agreement (PPJB) is often executed informally, primarily due to practical considerations such as incomplete payments or unfinished land administration. Although legally binding, informal PPJB agreements are vulnerable to legal challenges, especially when there is ambiguity regarding the subject matter or failure to fulfill obligations. Therefore, the role of notaries in ensuring legal validity is crucial. This study aims to explore the legal implications and challenges in drafting PPJB, particularly concerning the notary's role in ensuring that the agreement meets legal standards and provides sufficient protection for the involved parties. This research adopts a normative legal methodology, utilizing secondary data sources, including relevant legal provisions, scholarly articles, and case studies. The analysis is conducted descriptively, focusing on the legal framework governing PPJB and the involvement of notaries. The findings indicate that PPJB, while legally binding, can be easily contested if executed informally. Notarial PPJB offers stronger legal protection. However, challenges such as differing interpretations and unclear property rights transfer procedures persist. Notaries play a critical role in ensuring the legal validity of PPJB. Legal clarity and proper documentation are essential to avoid disputes in land transactions
Criminal Procedure Policy Related to the Provision of Legal Aid in Criminal Cases (Study in DPC PERADI Sibolga City) Harahap, Ahmad Raihan; Yunara, Edi; Putra, Mohammad Eka
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 1 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i1.24095

Abstract

This article examines the provision of legal aid to the underprivileged in criminal cases as categorized in Article 56 of the Criminal Procedure Code regarding the suspect's right to legal aid. This type of research uses normative legal research supported by empirical data, through the Statute Approach. This article explains how the provision of legal aid in criminal cases, which until now its implementation is still not in accordance with the current regulations, as well as what obstacles and efforts can be made to create equality before the law, and also the regulation in Article 146 paragraph (4) of the Draft Criminal Procedure Code (RKUHAP) which has decreased from the previous regulation in Article 56 of the Criminal Procedure Code, the results obtained from this study are that there are still many law enforcement officers in Sibolga City when carrying out their duties in terms of providing legal aid that is not in accordance with the provisions of the law, this article aims to find out, analyze the regulations, processes, obstacles and collective efforts to improve the regulation of legal aid, especially in criminal cases and realize equal distribution of legal aid.
Defamation through Social Media: A Socio-Legal Study on the Effectiveness of Community-Based Countermeasures Saragih, Fitrah Anata; Agusmidah, Agusmidah
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 1 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i1.23825

Abstract

Defamation is a violation that attacks a person's honor and image. In terms of legal sociology, this defamation case also needs to be used as well as using the theory of legal effectiveness in society, where to enforce the law not only law enforcement officers play an important role but also the community. As is the case when viewed from the study of the sociology of the law of defamation through social media, this is due to the culture of society that uses information and communication technology as a source of long-distance information and receives various information in seconds, so it is undeniable that with this development, various crimes will arise such as defamation through social media, as this act is also regulated in the ITE Law, namely Law Number 19 of 2016 concerning Law Number 11 of 2011, where there are rules regarding defamation through social media.
Legal Analysis of Green Victimology in Environmental and Forestry Crimes Ningrum, Maya Puspita; Roza, Ahmad Fadhly; Komalasari, Komalasari; Nadapdap, Gindo
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 1 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i1.24183

Abstract

Environmental and forestry crimes are serious violations that not only damage ecosystems but also threaten human sustainability. This study aims to examine the criminal law policy in addressing environmental crimes based on Law Number 32 of 2009 on Environmental Protection and Management, and to evaluate the application of criminal liability through in absentia procedures in illegal logging cases, as exemplified by the District Court Decision No. 954/Pid.Sus/2022/PN Mks. This research adopts a normative juridical approach with a descriptive-qualitative analysis of primary and secondary legal materials. The findings reveal that while the criminal law policy on environmental protection is normatively robust, its implementation faces challenges such as weak supervision and low public legal awareness. Furthermore, the in absentia mechanism has proven effective in ensuring justice when perpetrators evade legal proceedings, though it raises legal debates concerning the defendant’s right to a fair trial. This study underscores the need to strengthen regulations and procedural safeguards to enhance the effectiveness of environmental criminal law enforcement in Indonesia.
Implementation of Good Corporate Governance Principles and the Role of Notaries in the Decision-Making Process of the Board of Directors and General Meeting of Shareholders in Indonesia Putri, Zalfa Fakhriyah Yusov; Nindya, Shelby Padma; Sapyudi, Kathlina; Gultom, Elisatris
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 1 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i1.24160

Abstract

This study examines the implementation of Good Corporate Governance (GCG) principles in the decision-making processes of corporate Boards of Directors and General Meetings of Shareholders (GMS) in Indonesia, focusing on the strategic role of notaries in ensuring legal compliance and enforcement of these principles. The research employs a normative juridical approach by analyzing relevant laws and regulations (including Law No. 40 of 2007 on Limited Liability Companies and the Notary Position Law) and scholarly literature. This normative analysis aims to understand the extent to which GCG norms are operationalized in practice through Board and GMS decision-making mechanisms. The findings highlight that while GCG principles are institutionalized in Indonesian corporate law, practical challenges persist: minority shareholders are often marginalized and decision-making processes can lack transparency. Notaries serve as neutral officials who document and legitimize Board and GMS decisions through authentic deeds, providing legal certainty and traceability. Their oversight and advisory functions contribute significantly to transparency and accountability in corporate governance. The study also identifies that some corporate practices, such as treating the GMS as a mere formality and unilateral decision-making by directors, undermine the objectives of GCG. The conclusion emphasizes that effective GCG implementation requires strengthened notarial supervision and regulatory mechanisms to protect shareholder rights and legal compliance. This article contributes by clarifying the critical role of notaries in operationalizing GCG norms in Indonesia and by recommending policy enhancements to fortify corporate governance practices.
The Copyright Ownership Status of Visual Works Generated by Artificial Intelligence Raiwella, G.P.; Paramyta, Dwi Sartika; Nasution, M.Y.F. Hafidz
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 1 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i1.24326

Abstract

AI has transformed the way humans interact with computer systems, capable of processing complex data and generating new content such as high-quality images. Generative AI (GAI) creates content through descriptive commands, but it presents legal challenges, especially in copyright. The 2014 Copyright Law is unclear in regulating AI-generated works, creating uncertainty about copyright ownership and originality. This research analyzes legal gaps and provides recommendations regarding the copyright ownership status of generative AI works. This study uses a normative legal method with a legal framework approach to analyze relevant regulations. Legal sources are divided into three categories: primary (laws and regulations), secondary (doctrines, scholarly articles), and tertiary (legal dictionaries). Legal materials are collected through library research for further analysis, followed by systematic selection and classification, then analyzed to draw conclusions. Intellectual Property in Indonesia regulates copyrights on works, including those generated by AI. Although AI can create works, it challenges the human creation definition in Law No. 28 of 2014. Legal challenges arise regarding who holds the copyright: the developer, the user, or the AI, requiring a more adaptive legal framework to accommodate works generated by this technology. This research highlights copyright challenges in Indonesia related to AI works that do not meet originality and creativity criteria. There is a need for the development of an adaptive legal framework to protect intellectual property and encourage innovation. This issue requires in-depth approaches from various disciplines to align the law with advancements in digital technology.

Page 8 of 11 | Total Record : 104

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