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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 14, No 1 (2012): Vol. 14, No. 1, (April, 2012)" : 10 Documents clear
Analisis Permasalahan Outsourcing dari Perspektif Hukum dan Penerapannya Khairani Khairani
Kanun Jurnal Ilmu Hukum Vol 14, No 1 (2012): Vol. 14, No. 1, (April, 2012)
Publisher : Universitas Syiah Kuala

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ABSTRACT: Outsourcing is a matter worded in the Labour Act and the latest issue in relation to Indonesia labour. It is ruled in terms of easing employers to manage the company in providing the labour service. The implementation is regulated strictly in Article 64-66 of the Act Number 13, 2003 regarding the Labour. However, in the implementation level the violation is unavoidable causing the trouble. It happens as the outsourcing is defect both the legislation and its implementation. Outsourcing Analysis Problem from the Perspective of Law and Implementation
Membentuk Hukum bagi Perdamaian Aceh Sulaiman Sulaiman
Kanun Jurnal Ilmu Hukum Vol 14, No 1 (2012): Vol. 14, No. 1, (April, 2012)
Publisher : Universitas Syiah Kuala

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ABSTRACT: In social life, the law has many functions. In this case the law became a tool in resolving the conflict in Aceh. The conflict in Aceh has long occurred. Several rounds of dialogue has been conducted, but has not achieved satisfactory results. Dialogue after the tsunami last December 26, 2004, facilitated the Crisis Management Institute (CMI), the conflicting parties and the Government of the Free Aceh Movement reached a peace agreement. In peace, produced a memorandum of understanding (MoU) signed in Helsinki on August 15, 2005, in which the MoU is to be hold in drafting a legislation for Aceh, which was then named the Law Number 11 Year 2006 on the Government of Aceh. Legal Form for Aceh Peace
Peran Badan Usaha Milik Daerah dalam Meningkatkan Kesejahteraan Masyarakat (Studi Pembentukan Perusahaan Daerah di Aceh) Teuku Ahmad Yani
Kanun Jurnal Ilmu Hukum Vol 14, No 1 (2012): Vol. 14, No. 1, (April, 2012)
Publisher : Universitas Syiah Kuala

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ABSTRACT: Both province and regional may establish Regional or Provincial Company that can be formed as Regional Company or Limited Company. The establishment of such company shold be based on local regulation aiming to collect the revenue supporting the development and public facilities. The establishment of such company must be in obligatory implementation and optinal matter owned. The option is based on special patent owned by the area. Therefore, the creation of the company should be started by acceptable study regarding the field of the company. The Role of Regional Company in Improving Society Welfare (A Study on Stablishing Regional Company in Aceh)
Perlindungan Hukum Bagi Nasabah yang Mengalami Kerugian dalam Transaksi Perbankan Melalui Internet Wafiya Wafiya
Kanun Jurnal Ilmu Hukum Vol 14, No 1 (2012): Vol. 14, No. 1, (April, 2012)
Publisher : Universitas Syiah Kuala

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ABSTRACT: The emergence of internet technology has adopted by banks to create the internet banking services. Actually, banks realized that internet banking is hazardous, but banks considered internet banking as challenges and opportunities to improve their business. Bank Indonesia as banking regulator overseer created many regulations, include regulations related with regulation internet banking operation. The regulation aim to give the rule for banks, so banks do their business based on prudential banking and good corporate governance. A good business of banks, directly or indirectly, will establish the consumer protection. Unfortunatelly, if we evaluate more detail about the operation internet banking, we can find many factors that disservice to many innocent consumers, such as terms and conditions clauses that only created in banking perspective. According to consumer protection law, consumer rights should be established by banks. Law Protection Towards Consumers Having Loss Through Internet Banking Transaction
Tanah untuk Masyarakat Ekonomi Lemah Abdurrahman Abdurrahman
Kanun Jurnal Ilmu Hukum Vol 14, No 1 (2012): Vol. 14, No. 1, (April, 2012)
Publisher : Universitas Syiah Kuala

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ABSTRACT: In order to achieve welfare, everyone has a right to have and own land individually including the right n it. However, the reality of Indonesian shows that the gap of ability to have land causing the low income is not able to compete the have. In terms of protecting the have not, the state has a power to interfere as stated in the Land Act as to be a legal basis for it. There is an explicit rule regulating the protection towards the low-income people as mentioned in Article 11 of the Act and there are also regulations substantially in Articles 7, 9, 17 of the Act. In addition, there is a rule for implementation of the Act but Is only limited to the protection of the have not in owning he land for farming and there is no regulation on the ownersip for the land in city and non-farming land. The availability such rules in not balanced with the implementation; hence there are many people that are low-income category have not had the land yet. Land for Low Income People
Kajian Yuridis terhadap S.E Dirjen Pajak No. 3 / P.J / 2011 tentang Pajak Penghasilan Atas Penghasilan Berupa Royalti dan Perbelakuan Pajak Pertambahan Nilai Atas Pemasukan Film Impor di Indonesia Gusminarti Gusminarti
Kanun Jurnal Ilmu Hukum Vol 14, No 1 (2012): Vol. 14, No. 1, (April, 2012)
Publisher : Universitas Syiah Kuala

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ABSTRACT: Income tax is a tax levied on income, the meaning of income according to article 4 paragraph 1 of income tax’s constitution enacton in 2009 is any additional economic capability received by the taxpayer either coming from Indonesia and outside Indonesia that could be used for consumption or to increase the wealth of taxpayers concerned with the name and in whatever form as well. While the value added tax is a kind of center that collected taxes done at the time of the transfer of taxable goods and taxable services from one taxpayer to another taxpayer. Related to both these tax law on January 10, 2011 the government through the Directorate General of Taxation issued a Circular Letter Number. 3 / PJ/2011 (SE DGT) on Income Tax Form Income Royalties and Treatment of Value Added Tax on Importation of Films Imports to Indonesia. Issuance of this circular by the government is in order to provide a uniform understanding and application of the Income Tax treatment of Royalty Income and Value Added Tax on imported film entry Indonesia with the DGT S.E No. 3 / PJ / 2011, has received a serious response by Frank. S Rutten Vice President of the Motion Pictures Association (MPA) to Southeast Asian countries rather on Thursday, February 17th, 2011 ago, which immediately gave a statement that the Association of American film producer (Hollywood) will decide the distribution of their films to the country of Indonesia during the government still treats the new tax provisions related to the imposition of uniformity Royalty imported films. So that, we formulate the problem as follows, how the legal position of Director General of Taxes Circular and anything that is applied from both Tax Act above in the Circular Letter. From the results of the discussion concluded that the DGT Circular is a form of regulation of Wisdom (beleid regels) issued by the competent authority for it, and the Director General of Taxes Circular was applied several articles of the Income tax law and tax law value. Juridical Study Towards the Circular of General Directorate of Taxation Department No. 3P.J/2011 regarding Income Tax of The Royalty Income and The Aplication of Additional Tax Value of Imported Film in Indonesia
Analisis Hukum Islam tentang Perbuatan Zina dalam Pasal 284 Kitab Undang-Undang Hukum Pidana dalam Pembaharuan Hukum Pidana Ishak Ishak
Kanun Jurnal Ilmu Hukum Vol 14, No 1 (2012): Vol. 14, No. 1, (April, 2012)
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ABSTRACT: Islamic view on adultery concept in Article 284 of the Indonesian Penal Act is more limited compared to the concept of it in Islamic law. In addition, the reaction of criminal law towards the perpetrator in Article 284 of the Act is too lenient as it only charges by prisonment maximally 9 months. Consequently, the punishment as wording in the article has not had suffering impact towards the violator. Therefore, it should be transformed the Islamic law elements into article and its punishment in order to create the concept of Article 284 regarding Adultery in Indonesian Criminal Law revision. Islamic Law Analysis Regarding Adultery in Article 284 of The Indonesian Penal Act in Criminal Revision
Kajian terhadap Hak Milik Atas Tanah yang Terjadi Berdasarkan Hukum Adat Ilyas Ismail
Kanun Jurnal Ilmu Hukum Vol 14, No 1 (2012): Vol. 14, No. 1, (April, 2012)
Publisher : Universitas Syiah Kuala

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ABSTRACT: In accordance to Article 22 Number 5, 1960 states that the ownership right of land can be issued based on customary law and the procedure of issuing the title right ruled by the law as regulated by Government Regulation. In fact, recently such regulation has not been enacted yet; hence it cause different views on issuing the ownership right of land. Therefore, the problem raised in this research are what is the legal basis regarding the issuance of the title right based on customary law and what is the position such right based on the issuance. To answer the questions, this research is conducted towards the legislation, doctrines, and previous researches that are relevant to this research. The research shows that the legal basis for the issuance of such right is the customary principles found in customary law, the value of customary law in the place. Substantially, the customary ownership right has similar position as ownership right issued based on government decision, the distinction is on the ownership right proof of certificate of the right that is issued based on government decision but the land owned by customary right namely physical owning evidence and the acknowledgement of the people living the in the place where the right issued.  The Study on Ownership Right of Land Issued Based on Customary Law
Membangun Asas-Asas Peradilan Adat (Studi pada Masyarakat Rejang dan Masyarakat Melayu Bengkulu) Herlambang Herlambang
Kanun Jurnal Ilmu Hukum Vol 14, No 1 (2012): Vol. 14, No. 1, (April, 2012)
Publisher : Universitas Syiah Kuala

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ABSTRACT: The idea of the necessary of customary principles should be contemplated seriously in order to anticipate the community development dissanpointing to the judicial process of state. The process is a “security door” to prevent chaos in society. The process can be optional solution for justice seeker from power abuse. This research aims to find the customary trial principles that can be a development of the process as alternative dispute solution. The principles are developed based on discussed model of customary value in Rejang and Malay society in Bengkulu Province. The models are identified empirically supported by anthropology legal method and participatory rural appraisal (PRA). The research shows that the principles of customary trial is developed based on discussion model of Rejang and Malay peoples in Bengkulu based on spirit to achieve agreement. Voluntarily, collegial chairman, and open to public. The place of the trial is determined flexibly, and the trail soon conducte. The trial is conducted based on the evidence and acknowledgement of guilty from offender. The punishment is imposed by considering the violation of the breach and perpetrator condition and victim, and the trial is recorded. The execution is determined by the agreement of both parties. The decision is done in a ritual congratulation and shared prayer after the parties forgive each other. Developing Customary Justice Process Principles (A Study on Rejang and Malay Bengkulu)
Dinamika Komitmen Internasional dalam Kerangka Pengendalian Global Warming Suparto Wijoyo
Kanun Jurnal Ilmu Hukum Vol 14, No 1 (2012): Vol. 14, No. 1, (April, 2012)
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ABSTRACT: Dynamic of commitment of International Community in the issue of control upon global warming has been developed since 1919 up to present. From list of international treaties, it can be seen how strong the commitment of global community in the issues of environment, global warming as well as climate change. Unfortunately, it can be concluded, that those international treaties is so fragmented and therefore, is difficult to be implemented comparing with instrument of international environmental law in general. However, political will of national state is the essence to create international agenda. International Dinamic Commitment in The Context of Global Warming Controlling

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