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Redaksi Kanun: Jurnal Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala Jl. Putroe Phang No. 1, Darussalam, Banda Aceh 23111
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Kanun: Jurnal Ilmu Hukum
Published by Universitas Syiah Kuala
ISSN : 08545499     EISSN : 25278428     DOI : 10.24815/kanun.v20i3.11380
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
anun: Jurnal Ilmu Hukum (KJIH), the Indonesian Journal of Autonomy Law, is an international journal dedicated to the study of autonomy law within the framework of national and international legal systems. Published thrice annually (April, August, December), KJIH provides valuable insights for scholars, policy analysts, policymakers, and practitioners. Managed by the Faculty of Law at Syiah Kuala University in Banda Aceh, Indonesia, KJIH has been fostering legal scholarship since its establishment in June 1991, with the ISSN: 0854 – 5499 and e-ISSN (Online): 2527 – 8428. In 2020, it received national accreditation (SINTA 2) from the Ministry of Research and Technology of the Republic of Indonesia and the National Research and Innovation Agency. KJIH is actively pursuing indexing in prestigious databases like Scopus, Web of Science and other global indexes. We publish in English for accessibility, not as a political statement. The Editorial Board shall not be responsible for views expressed in every article.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
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Search results for , issue "Vol 12, No 1 (2010): Vol. 12, No. 1, (April, 2010)" : 10 Documents clear
Kedudukan dan Pengakuan Hak Ulayat dalam Sistem Hukum Agraria Nasional Ilyas Ismail
Kanun Jurnal Ilmu Hukum Vol 12, No 1 (2010): Vol. 12, No. 1, (April, 2010)
Publisher : Universitas Syiah Kuala

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ABSTRACT: This article aim is to describe concerning the existency of customary rights to the land for the further named hak ulayat in the structure of the power rights acces to the land. The requirements so that it can be recognized as hak ulayat to the land based on the national agrarian law. The study in tihis article is a normative study by using analyse any kind of nasional law, research result and also the expert insight in relation to issue studied. The analyse result shows that hak ulayat in which as the Indiginous rights has position as an entity of rights to the land in Indonesia’s agrarian national law. The rights of those indigenous peopleis recognized its existency if it fulfills two requirements cumulatively are as follow: 1) that indigenous people’s rights are still available/exist, not have ever been, and 2) The application of those rights of indigenous people has to be pro- to Indonesia’s insight. The symbolization of the state recognition to rights of indigenous people is: 1) the legalization into regional law (Qanun) in Districts level; or president decree depends on the location of that indigenous right present; or in kind of related regional leader decree, 2) compensation for hak ulayat which is used for public and even personal needs/interrest.    The Structure and Recognation of Customary Rights to the Land / Hak Ulayat on Indonesia’s Agrarian National Legal System
Eksistensi dan Kekuatan Penyelesaian Sengketa Secara Adat pada Tingkat Gampong Ilyas Ilyas
Kanun Jurnal Ilmu Hukum Vol 12, No 1 (2010): Vol. 12, No. 1, (April, 2010)
Publisher : Universitas Syiah Kuala

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ABSTRACT: The Act Number 44, 1999 on Special Status of the Aceh Province has been a fact that Aceh has been given several special statuses in terms of education, custom and religion. Having regard with custom, it has been followed up by the enactment of Qanun (Aceh Provincial Ordinance) Number 9, 2008 concerning the development of custom practice. Article 3 section (3) states that it is possible that if there are disputes amongst people in Gampong, the police should let the dispute are solved by applying customary law. Therefore, the dispute settlement is not only can be solved through the court but also outside of the court.    The Existence and Power of Customary Law in Solving Dispute in Gampong
Pedoman Penyelenggaraan Peradilan Perdamaian Adat di Aceh Nurdin MH Nurdin MH
Kanun Jurnal Ilmu Hukum Vol 12, No 1 (2010): Vol. 12, No. 1, (April, 2010)
Publisher : Universitas Syiah Kuala

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ABSTRACT: Customary law of Aceh has a number of legal principles such as acceptable, accountability, non-discrimination/equality before the law; accessible to the public, win-win solution, consensus, transparency, competent, and presumption of innocence. The principles are not only found in Adat Law of Aceh but also in other civilized legal systems in the world. In practice, the principles are applied strictly (see the case of Sultan Iskandar Muda). Adat guidelines or legal procedure of Adat is badly needed by informal justice providers in order to have legal certainty. There are some reasons why the guide line is necessary; (1) during new order (35 years) central government denied the existence of adat law, (2) during the conflict era (30 years) Acehnese did not have enough opportunity to practice their customary law, and (3) most of you people today are head of village  and they do not have enough knowledge and experience on guide line of adat. The Application Guideline of Informal Justice in Aceh
Aspek Legal Penguasaan Hutan oleh Mukim Husin Taqwaddin
Kanun Jurnal Ilmu Hukum Vol 12, No 1 (2010): Vol. 12, No. 1, (April, 2010)
Publisher : Universitas Syiah Kuala

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ABSTRACT: Mukim is one of the unique structure in Governance of Aceh, in which it is federation from several Gampong (village) which exist since Islam Religious lesson came to Aceh region. Therefore Mukim has long path story, it resulted authority and authority of Mukim in the past has already sufficient known and obeyed by the people who stayed in the Mukim area.  Mukim has authority toward all of its territory, in the land and also in the sea. In the lagal aspect, Mukim since past until nowadays has the power basis or legal jurisdiction toward the Forrest in each Mukim area. The forrest exist in the Mukim area measured by the requirement go and back for a day, it is understood by the Mukim community as Uteun Mukim in which it is also called as rights of Kullah (Uteun Potallah). So terminology of Uteun Mukim is equivalent with Customary Forrest (hutan adat) in the Indonesia’s of national law.  In the managerial aspect, in the Forrest management affair, the roles and responsibilities in the Mukim area are led by the customary chief of Forrest (Panglima Uteun or Pawang Glee). The management and using of the customary forest of Mukim almost always has coordination Imuem Mukim with Pawang Glee and also Petua Seunebok. Legal Aspect of the Forest Management by Mukim
Penyelesaian Sengketa melalui Pendekatan Adat Abdurrahman Abdurrahman
Kanun Jurnal Ilmu Hukum Vol 12, No 1 (2010): Vol. 12, No. 1, (April, 2010)
Publisher : Universitas Syiah Kuala

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ABSTRACT: There are available some alternative dispute settlement method in the community life, it is commonly through formal way (litigation) and also can be used through informal way (non litigation).  One of informal dispute settlement is through customary approach which is undertaken by adat institution. The dispute settlement through adat approach has the main purpose that is to keep harmonisation and relationship among the community, not only providing the legal certainty but also the justice. In the life of Aceh’ people, the customary dispute settlement was done by adat institution at Gampong (village) and Mukim level. And for this, it has been promulgated already under several Qanun (regional law) of Aceh. The application of customary dispute settlement in Aceh is supported by any general principles that can provide protection for the rights of disputed parties.       Dispute Stelement Through Customary Approach
Restoratif Justice dalam Wawasan Pemidanaan menurut Adat Gayo Mohd. Din
Kanun Jurnal Ilmu Hukum Vol 12, No 1 (2010): Vol. 12, No. 1, (April, 2010)
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ABSTRACT: The advance of thery regarding the purpose of criminal punishment was started from Kantianism, retributive and utilitarian which has orientation toward the crime actor. Basically, this aim does not accomodate integrated criminal punishment purpose, untuil emergin restroaktive concept in which involve the crime victim interest in the crime punishment mechanism. For Indonesia, restroaktive justice concept has been kwon in the curtomary law under the peace process.  Restroaktif Justice in the Insight of Criminal Punishment according to Gayo’s Customary Law
Kebijakan Pengelolaan Perikanan Berbasis Kearifan Lokal di Aceh Sulaiman Sulaiman
Kanun Jurnal Ilmu Hukum Vol 12, No 1 (2010): Vol. 12, No. 1, (April, 2010)
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ABSTRACT: Fisheries condition of Aceh is currently being critical. The condition was one of them caused by the pattern of fisheries management. In fisheries management in Aceh is known pattern of local wisdom in the form of hukom adat laot communities living in 147 lhoks. This wisdom pattern sets five key areas, namely laot abstinence, Laot custom, environmental maintenance custom, laot feast custom, and drifting item custom. The pattern is also recognized in the laws and regulations in Indonesia. But in reality, the traditional wisdom is implemented through the concept of division of roles among the government, fishermen, indigenous institutions, and other fisheries stakeholders. The Fisheries Management Policy Based on Local Wisdom
Peranan Sarak Opat dalam Masyarakat Gayo Darmawan Darmawan
Kanun Jurnal Ilmu Hukum Vol 12, No 1 (2010): Vol. 12, No. 1, (April, 2010)
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ABSTRACT: The structure of Sarak Opat in Gayo community is still implemented strongly, and if occur dispute among community in Gayo is always settled through this traditional institution. Most of customary provisions which still remain exist even though overlap with national written law. Sarak Opat institution is still exist, nevertheless the community and national law advance causes Sarak Opat Institution occurring deviation concept from the pure value.   The Roles of Sarak Opat in Gayo Community
Kedudukan Hukum Adat Laot dalam Sistem Hukum Nasional Teuku Muttaqin Mansur
Kanun Jurnal Ilmu Hukum Vol 12, No 1 (2010): Vol. 12, No. 1, (April, 2010)
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ABSTRACT: The customary law of the sea  for the furthere mentioned as hukum adat la’ot is the customary law conducted by the Aceh’s fisherman community to provide some prosedures on catching fish and the  fisherman community life. In the coastal area.  In the hukum adat la’ot is contained regarding the procedures of catching the fish (meupayang) at the sea and also contains the mechanism dispute settlement if occuring customary dispute among fisherman. Hukum adat la’ot has existed since 400 years ago. Nowadays, hukum adat la’ot has got the strong position in the Indonesia  legal sistem as stated in several hyrarchy of Indonesia’s laws, the last as stated in article 162 (2), abjad (e) the law Number 11 year 2006 regarding The governing of Aceh and it’s proceeding in regional regulation (Qanun) Number 9regardingthe supervising of Adat La’ot and the the customary behavior and Qanun Aceh Number 10 regarding the Customary board. The Structure of Hukum Adat Laot in the National legal system
Kedudukan Hukum Adat dalam Sistem Hukum Mahdi Syahbandir
Kanun Jurnal Ilmu Hukum Vol 12, No 1 (2010): Vol. 12, No. 1, (April, 2010)
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ABSTRACT: This article aim is to describe regarding customary law in the Indonesia legal system inconnection with Indonesia cionstitusian and other national law level and its impact toward the customary law application in the field.Based on this analytical study can be summerised that: 1). the structure of customary law in Indonesia national law system is the similar position with any other national law. The diffrerence among of them is customary law unrecorded writtenly such as national law; 2). UUD 1945 as Indonesia’s constitusion recognises beside written law also available unwritten law as known with named customary law (hukum adat); 3). UUD 1945 more prioritise written law in form of undang-undang level and other Indonesia’s national law level in creating and managing social live; 4). This reality must be responsed by parliament in craeting Qanun (regional law) in Aceh through accomodating customary law that grow, live and rise in the community, it is caused customary law is an awaranes of law rising in community as populer named living law; and 5). The judicial roles and the finder of law is very strategic in overseeing the legal awaranes occur in the community that must be used as the main consideration in handling particular legal case, therefore judicialprudence is one of legal indentity source whic lives in community.       The Structure of Customary Law In Indonesia’s Legal System

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