Kanun: Jurnal Ilmu Hukum
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.
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Perlindungan Hukum terhadap Anak yang Belum Dewasa Akibat Kehilangan Orang Tua
Ilyas Ilyas
Kanun Jurnal Ilmu Hukum Vol 13, No 2 (2011): Vol. 13, No. 2, (Agustus, 2011)
Publisher : Universitas Syiah Kuala
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ABSTRACT: Based on Indonesian law, a guardian is responsible for the walfare and property of the children under his guardianship including the heritage. In Aceh, usually a guardian is a man in the child’s father family and generally he is only responsible to manage the property of the child under his guardianship but the walfare and day care s still the responsibility of the mother. However, if the mother also die the guardianship is given to the family of the mother. This research aims to explain what the authority of the guardian towards the child means to represent the child is and the constraints of the guardian in conducting the guardian for children in terms of providing the protecting for the child. The research shows that the authority of the guardian towards the child means to represent the child in acting in relation to the property of the parent and benefit the child, the guardian has an obligation to manage the property. The constraint factors to be a guardian for the child are of the understanding of the guardian obligation. Law Protection on Orphans Losing Their Parents
Hukum Perwalian Anak Zina dan Hak Warisnya
Iman Jauhari
Kanun Jurnal Ilmu Hukum Vol 13, No 2 (2011): Vol. 13, No. 2, (Agustus, 2011)
Publisher : Universitas Syiah Kuala
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ABSTRACT: The review in this paper is to discuss the cause of the child out of wedlock, understanding and the status of illegitimate children, inheritance law of children out of wedlock and custody of the child of adultery under Islamic Law Compilation method used was content analysis (content analysis) of references relevant to the problem discussed. The legal consequences for the child out of wedlock under Islamic Law Compilation is a child born outside marriage has only nasab relationship with her mother and her family alone, so it legally, the child can not be completely attributed to the father father nature, although the real father/natural father (genetic) are the men who impregnate women who gave birth to her it. Thus a child outside of marriage guardian is the guardian of judges who have been appointed by the government. Legal Guardianship of Adultery Child and the Right of Their Inheritence
Evaluasi Reformasi Kepolisian dalam Menangani Anak Berhadapan dengan Hukum
Rizanizarli Rizanirarli
Kanun Jurnal Ilmu Hukum Vol 13, No 2 (2011): Vol. 13, No. 2, (Agustus, 2011)
Publisher : Universitas Syiah Kuala
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ABSTRACT: Professional and accountable police in treating people by respecting the democratic norm and human rights is the goal of the police. However, since the change started, there are complaining because it is done slowly. Treating the juvenile offenders is one of the forms; the police have been protected by several special rules for the best need of the offenders. The police as investigatiors is the first institution in the process of formal criminal justice procedure that have an important rle causing the children arresed and imprisoned. It may happen because of lack of knowledge, and too strict in implementing it, lacking the understanding about the children rights and human rights especially diverted and restorative justice concepts. The reforms that are being done is still weak because of the police and social structure that are still inherit the militeristic character. It can be seen from the abuse done toward them and there is no justice for the violation done by the police. Nevertheless, the problem is also should be solved by the people because this is also the problem for the people; hence no one should be blamed for it. The Evaluation of Police Reform in Treating Juvenile Offenders
Perlindungan Hukum Internasional terhadap Pelaksanaan Adopsi Anak Antar Negara
Wardah Wardah
Kanun Jurnal Ilmu Hukum Vol 13, No 2 (2011): Vol. 13, No. 2, (Agustus, 2011)
Publisher : Universitas Syiah Kuala
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ABSTRACT: The child protection, particularly in intercountry adoptions, should be increased considerably. It is needed a government to government intervention to impede and discontinue the illegal intercountry adoption practices. There are systemic gaps in the current intercountry adoption systems, for instance it happens in some poor countries and developing countries. This article concludes that contracting countries involving in the intercountry adoption practice should ratify the Hague Convention, and at the same time poor country should enters into a bilateral agreement with some certain developed countries, such as the USA and France, in order to protect children from abduction of, traffic in or sale of children. International Law Protection Towards the Children Adoption
Akses Kepada Keadilan bagi Anak
Saifuddin Saifuddin
Kanun Jurnal Ilmu Hukum Vol 13, No 2 (2011): Vol. 13, No. 2, (Agustus, 2011)
Publisher : Universitas Syiah Kuala
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ABSTRACT: Regardless of difference meaning and perception on justice, access to justice has been universally recognized in international system of human rights. Access to justice by the children in over the world is not an exemption part of the system. This essay aiming at discussing the availability of access to justice and offering effort to optimilize the access. The study reveals that, according to normative approach, the guarantee of access of the children to justice has been comprehensively administered on the convention of the rights of the child, national laws, and local laws in Aceh. At practical level, however, much should be done by both national and local government. It covers a rank of action from making a new law that support the best interest of the child to improve knowledge of the child on their own rights, as guaranted by the international, national, and local law. Access to Justice for Children
Menggagas Mekanisme Perlindungan Anak Korban Kekerasan Seksual di Provinsi Aceh
Nursiti Nursiti
Kanun Jurnal Ilmu Hukum Vol 13, No 2 (2011): Vol. 13, No. 2, (Agustus, 2011)
Publisher : Universitas Syiah Kuala
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ABSTRACT: The Act Number 23, 2002 regarding the Child Protection is a policy issued to provide a protection on children as a part of responsibility of the state, government and society. In the Act also states the policy making sure that the children can be protection from all kinds of abuse including sexual abuse. Based on the data from the institution aiding the children in Aceh, recently this case increases steadily. Theefore, in terms of protecting them, it is important to instigate the mechanism in dealing with the case comprehensively in order to protect the children. Inspiring the Protection on Children as a Sexual Abuse Victims in Aceh Province
Perlindungan Hak Anak dalam Perspektif Hak Asasi Manusia
Fikri Fikri
Kanun Jurnal Ilmu Hukum Vol 13, No 2 (2011): Vol. 13, No. 2, (Agustus, 2011)
Publisher : Universitas Syiah Kuala
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ABSTRACT: The protection for children rights is absolute right and parents of the children have responsibility to protect their children but if there are no parents or other people who can be responsible for taking care of them; hence the state has to take this duty. The convention regarding children rights aims to improve and protect the interest and children rights as human; therefore they can develop their live mentally, socially and physically. Based on this fact, this paper look at to which extent the law protect their rights in the human rights view. Every child has rights to enjoy health service and social security based on the need of their physic mental and spiritual. Each child has a right to have parents protection, family, community and state. The humankind has to provide to children by the best service. Therefore, the right and the obligation is a cause that cannot be forgotten that it becomes the duty of the adult to provide them the protection. The obligation for them is on their family and this role is recognized by the convention. However, nowadays many of them are not able t depend on their family to enjoy their protection and aid and also ironically the state cannot guarantee this right. Protection of Children Rights in the Human Rights View
Perlindungan Hukum terhadap Anak Korban Tindak Pidana
M. Iqbal
Kanun Jurnal Ilmu Hukum Vol 13, No 2 (2011): Vol. 13, No. 2, (Agustus, 2011)
Publisher : Universitas Syiah Kuala
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ABSTRACT: Child abuse is often difficult to discover because it is domectic case. Physic harrassment and victim of the crime result in children become weak and hurted physically and physicologically. As next generations, they must be protected in order to secure and protect them and their rights namely; right to life, right to grow and to participate optimally in compliance with human dignity and get protected from abuse and discrimination. The method applied is juridical normative approach. The aim of this research are to know the causes of such abuse and the law protection on them. The findings are the cause of such abuse are caused by multiple factors; internal and eksternal. The child abuse is conducted by the people that have responsibility to protect them and have power over them that they actually shoould protect them. The law enforcement for such offence in Indonesia can be said that it is still lack. Law Protection on Children as a Crime Victim
Strategi Penanganan Trafficking di Indonesia
Darwinsyah Minin
Kanun Jurnal Ilmu Hukum Vol 13, No 2 (2011): Vol. 13, No. 2, (Agustus, 2011)
Publisher : Universitas Syiah Kuala
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ABSTRACT: The crime of trafficking increases in Indonesia. It is caused by several factors such a proverty, lack of education, fraudulent, sexual harassment and economic problem. This research identifies several problem, namely; sexual harrasment in conflict areas, domestic violence, the force as sexual object, organized threat, baby trafficking and human rgan trading. The strategy done in dealing with the problem are the mprovement in monitoring, the strengthening of the law deffenders and other stake holders by increasing the prevention without forgotting the punishment. The Strategy in Dealing with Trafficking in Indonesia
Perlindungan Hukum terhadap Hak Anak sebagai Hak Asasi Manusia dalam Perspektif Sistem Hukum Keluarga di Indonesia
Tedy Sudrajat
Kanun Jurnal Ilmu Hukum Vol 13, No 2 (2011): Vol. 13, No. 2, (Agustus, 2011)
Publisher : Universitas Syiah Kuala
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ABSTRACT: Family law as a whole the provisions on the legal relationship concerned with blood kinship and marriage. Kinship blood kinship is found among some people who have the same nobleness. To understand children's rights as human rights in the perspective of the family law system in Indonesia based on the Constitution, Islamic and Customary. Law Protection Towards Children as a Part of Human Rights in the Perspective In the Indonesian Family Law