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M.Ya’kub Aiyub Kadir
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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
 1 
Search results for , issue "Vol 15, No 1 (2013): Vol. 15, No. 1, (April, 2013)" : 10 Documents clear
Inkonsistensi Kedaulatan Rakyat dalam Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Budiman NPD Sinaga
Kanun Jurnal Ilmu Hukum Vol 15, No 1 (2013): Vol. 15, No. 1, (April, 2013)
Publisher : Universitas Syiah Kuala

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ABSTRACT: During the preparation of Indonesian independence, the founding fathers designed a Constitution. Constitution was later known as the 1945 Constitution of the Republic of Indonesia. The Constitution embraces of sovereignty of the people. To overcome the shortcomings of the Constitution, it has been madeseveral changes. However, changes were turned out inconsistent with existing regulations, such as the regulation of representative democracy and direct democracy. To address the inconsistencies, it then needs to be revised more as there are various provisions of the Constitution that are inconsistent with aforementioned matters. Inconsistency of People Sovereignity in the Constitution 1945 of the Republic of Indonesia
Pengelolaan Hutan Dalam Rangka Otonomi Daerah oleh Pemerintah Aceh Utara Arnita Arnita
Kanun Jurnal Ilmu Hukum Vol 15, No 1 (2013): Vol. 15, No. 1, (April, 2013)
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ABSTRACT: A district government is trying to attract authority of the governmental management into the region especially that can increase the original revenue shortly, for instance a forest management authority. Despite the Act Number 41, 1999 regarding Forestry has been passed but the Government Regulation has not followed it. Thus, the government has no any clear reference in determining the forest management in the area. District body can do the management independently and it can also be submitted to the third party in some kinds of management. The Regional Forestry Department as similar to other regional departments, even it has been joined with other departments, its duty seems administratively only. Thus, it requires the establishment of the Forest Management Unit that can manage the forest directly. The body is better established in sort of the United of Forest Authority that is divided into the Part of the United Forest Authority then minimizes into the Resort of Forestry Police and it is done for all forms or functions of forest area that is not submitted its management to the third party. The Unit provides all activities planning of forest including annual logging included into annual working planning. Forest Management in Terms of Regional Autonomy by Aceh Utara Government
Standar Pelayanan Minimum bagi Anak Berhadapan dengan Hukum Pada Unit Pelayanan Perempuan dan Anak Kepolisian Resort Kota Banda Aceh M. Iqbal
Kanun Jurnal Ilmu Hukum Vol 15, No 1 (2013): Vol. 15, No. 1, (April, 2013)
Publisher : Universitas Syiah Kuala

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ABSTRACT: Each child facing with criminal laws either as violator or victim is entitled to get physical, mental, spiritual and social protection based on the principles of the Convention of the Rights of the Child and the Act of Juvenile Court namely non discrimination, the best interests of the child, right to life, the live sustainability and the development and the respect towards the child opinion. The children having problem with law has a right to get especial protection that must be provided by the government and government institutions. The Unit of Women and Children Service is the first meeting point of the Juvenile Justice System of the child. This research aims to obtain the description of the minimum service of standard applied by the Unit of Banda Aceh Resort Police Station, in dealing with the child, the constraints faced in treating them and the efforts to solve the constraints. To gather the data, the library and field research are applied. The data obtained from library and field research then combined and analysed qualitatively. The Unit has applied the principles of the standards towards the child, the obstacles faced are internal and external obstacles and the efforts done are by training and educating the staffs at the Unit, the Detectives and the Assistant of the detectives and all staffs of the Unit in order to empower the human resources of the Unit. The Minimum Service Standards Towards the Child Violating Criminal Laws at the Unit of Women And Children Service of Banda Aceh Police Resort Station
Tata Cara Penyusunan Rencana Pembangunan Daerah Kabupaten/Kota di Aceh Eddy Purnama
Kanun Jurnal Ilmu Hukum Vol 15, No 1 (2013): Vol. 15, No. 1, (April, 2013)
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ABSTRACT: In accordance to the Law Number 25, 2004 on National Development Planning System, regional development is one of the subsystems of such National System. Therefore, regional development must be able to accommodate two important needs, namely superior government and local community needs. In order to get legal certainty in fulfilling the important needs, it is significant to know a juridical basis that can be used as legal protection in deciding regional development planning system, which is conducive to demand aspiration of community and certain laws. It is found that the basis of regional/municipal developments in Aceh province is in accordance to the Law Number 11, 2006 on Aceh Government in relation to the Law Number 25, 2004 on National Development Planning System which has given autority to regional/municipal governments in order to design their regional development planning system by Qanun. Considering the needs, regional or municipal government must follow the rules that stated in the Minister of Internal Affairs’s Regulation Number 54, 2010 on Implementation of the Government Regulation Number 8, 2008 on Staging, Compiling System, Controlling, and Evaluation of Regional Development Planning Implementation. The Procedure Of Districts And Municipalities Development Planning In Aceh
Model Penyelesaian Konflik Alat Tangkap Perikanan di Aceh Barat Sulaiman Sulaiman
Kanun Jurnal Ilmu Hukum Vol 15, No 1 (2013): Vol. 15, No. 1, (April, 2013)
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ABSTRACT: The conflict of trawl has been occurring for long time in Aceh.  Using trawl is not only illegal but also resulted in a decrease of catcher number got by fishermen in the place. This article aims to explain the conflict in Lhok Meureubo in relation to the legal ban of the usage of trawl, the conflict settlement process, as well as the steps taken by the Government of West Aceh district in anticipating its usage in the future. The methods applied include normative and empirical research. The normative research is done through legal materials. While the empirical one is conducted by interviewing a sample of purposively selected sample. The conflict in Lhok Meureubo is due to the use of trawling gear, it has been happening since 2003. The conflicts come up by the use of trawl types that are not environmentally friendly. The use of such fishery catcher has been taking time for a long time, but after the tsunami, the use of mini-trawling increasingly from a variety of aid for tsunami victims. The steps taken by the Government of West Aceh district to overcome the problem in the future, is especially by replacing the trawl gear with the one that is more environmentally friendly. The fishermen who use the trawl which the boat already registered is then reported to the Department of Marine and Fisheries of West Aceh district to get the trawl replaced by environmentally friendly trawl. A Settlement Model of Trawl Conflict in West Aceh
Penerapan Imbal Jasa Lingkungan dalam Pelestarian Daerah Aliran Sungai di Aceh Wardah Wardah; Lena Farsia
Kanun Jurnal Ilmu Hukum Vol 15, No 1 (2013): Vol. 15, No. 1, (April, 2013)
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ABSTRACT: Payment for Environmental Service (PES) is an environmental regulatory concept that as a voluntary transaction where a well-defined environmental service is being “bought” by at least one environmental service buyer from at least one environmental service provider, if and only if the environmental service buyer secures the environmental service as a conditionality. There is increasing interest and experience in PES in both developed and developing countries. In Asia, PES concept is manifested in forest and/or water resources management policy, such as in China, Japan. In the present state of the world, PES has come to the fore in step with concerns to save the environment in a holistic manner. Now, PES has become a way or a mechanism of stakeholders to maintain and manage the environment by providing economic incentives/compensation from users to providers of environmental services. In Aceh, this mechanism is implemented for protecting river stream area, such as in Krueng Montala, Great Aceh. PES mechanisms should be supported with force of law, also synergized with policies and projects related to integrated water resources management, rural development and rural livelihoods, and land use zoning. PES mechanisms can increase the quality of nature and protect the environment also can help to provide alternative income for local people rather than they destroyed the environment. The Implementation of Payment for Environmental Services in Safeguarding The River Stream Areas in Aceh
Perdagangan Karbon Hutan Aceh: Analisis Hukum Pada Tahapan Perencanaan Sanusi Sanusi; Mujibussalim Mujibussalim; Fikri Fikri
Kanun Jurnal Ilmu Hukum Vol 15, No 1 (2013): Vol. 15, No. 1, (April, 2013)
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ABSTRACT: The Province of Aceh has wide forest area which is potential for forest carbon trade in international market. However, incomplateness of legal bases for carbon trade which is consistant to wide-special  Aceh autonomy and sincron and harmonis with Indonesian national law may create abstracles in utilizing that opportunities. This research is aimed at providing input to Government of Aceh in selecting alternative precise legal entities and regulating Aceh forest carbon trade in international market. In this research the combination of normative, comperative, and social-legal research approaches, to answer legal issues as research questions. The finding shows that is utilized proper implementing legal entities for Aceh forest carbon trade in international market is that which can combine various elements and interests of right holders and stakeholders. Combination of government, componies and civil society will  strengthen synergicity and strengths in performing activities. Regulating Aceh forest carbon trade can be implemented in form of specific Qanun Aceh or as a part of contents of Qanun Aceh on Forestry and/or in governatorial decree, as implementing regulation which is already directed by related Qanun Aceh. It is recommended to Government of Aceh to increase socialization and participation of right holdels and stakeholders in each process of management and creating relevant legislation and/or regulation. Aceh Forest Carbon Trade: Legal Analysis In The Planning Step
Peranan Modal Ventura sebagai Alternatif Pembiayaan Usaha Kecil dan Menengah Safrina Safrina
Kanun Jurnal Ilmu Hukum Vol 15, No 1 (2013): Vol. 15, No. 1, (April, 2013)
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ABSTRACT: The existence of venture capital in Indonesia cannot be separated from an idealism to develop small and medium businesses as a pillar of the economy. This paper aims to evaluate the role of venture capital as an alternative financial support for small and medium entrepreneurs, particularly the role of PT Sarana Aceh Ventura (PT SAV). This research applies a descriptive analysis method with a yuridis and empirical approached. The research findings are that there are many obstacles in the implementation process which resulted in the financing is still unfamiliar to small businesses, the unique characteristic of venture capital as an active investment that shows through mentoring is not applied and the form of small businesses in Indonesia that is mostly family business becomes problems when it is faced to an active investment that needed partnership between companies and businesses. The Role of Venture Capital as an Alternative Financial Support for Small And Medium Entrepreneurs
Aspek Hukum Peradilan Adat di Indonesia Periode 1602 – 2009 Teuku Muttaqin Mansur; Faridah Jalil
Kanun Jurnal Ilmu Hukum Vol 15, No 1 (2013): Vol. 15, No. 1, (April, 2013)
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ABSTRACT: Indonesian legal system recognizes 5 (five) formal legal sources, namely; act, judge decision, treaty, expert view, and customary law. Custom subsystem is unwritten law or more well known as customary law. The source of customary law has been implemented earlier before the written one followed by modern society. However, in the fact, customary law development in material meaning and judicial customary law in the meaning of formal law always faces constraints especially from positivism legal concept from time to time. Therefore, this research aims to focus on the history of the development of judicial customary law in Indonesia since the colonial period 1602 till the period after the MoU Helsinki in Aceh. The historic legal approach is applied by exploring how acts provide space for enhancing the system. It is hoped that this research might be useful for academics in terms of enriching the knowledge and the position of the judicial customary law in Indonesia. Judicial Customary Law Aspect in Indonesia in the Period 1602-2009
Penerapan Sanksi Adat dalam Penyelesaian Perkara Pidana di Kabupaten Nagan Raya Airil Safrijal
Kanun Jurnal Ilmu Hukum Vol 15, No 1 (2013): Vol. 15, No. 1, (April, 2013)
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ABSTRACT: Basically, a crime is a conduct that is seen as a deviant act. A criminal case settlement, besides solving it before the court, in Aceh society, there are many cases of crime solved through customary law way. This research purposes at knowing the existence of customary law and sanction towards the violator of criminal law and whether this kind of sanction is effective as a legal basis in settling the case. This research applies both normative and empirical methods. The data then analyzed qualitatively based on juridical, logical, systematic interpretation by inductively and deductively. The research shows that the settlement patterns of customary law judicial system still exists as it prioritizes the settlement based on democratic way and always include family, peace, humbleness principles that may relate back the relationship broken between the perpetrator and victim and keep balance in the society comprehensively.  The Imposition Of Customary Sanctions In Settling Criminal Cases In Nagan Raya District

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