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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Penanggulangan Kejahatan dengan Pidana Badan di Indonesia
Adi Hermansyah
Kanun Jurnal Ilmu Hukum Vol 15, No 2 (2013): Vol. 15, No. 2, (Agustus, 2013)
Publisher : Universitas Syiah Kuala
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ABSTRACT: Nowadays, crime has increased very significantly. The increase is not only on its quantity but also on its quality. Punishment as the last “mean” in preventing and overcoming crime is supposed to function maximally in order to protect society from perpetrators. The function of criminal law is really influenced by characteristic of society where the law enforced. Moreover, the application of proper punishment as a mean of preventing crime is also influenced by the increase and the decrease of crime numbers and also has impact on the society welfare. Punishment towards body is a kind of punishment that is still applied by many states including Indonesia. The regulation of such crime as one of the crimes in Indonesia Indonesia legal system is really possible to prevent crime in terms of restoring national legal system to replace KUHP (Criminal Code of Indonesia) as colonial legacy that is not proper to society characteristics in Indonesia and the period. Crime Prevention by Physical Punishment in Indonesia
Konflik Kewenangan antara Penyidik Polri dan Polhut dalam Rangka Penanggulangan Tindak Pidana Pencurian Kayu
Rinaldy Amrullah
Kanun Jurnal Ilmu Hukum Vol 15, No 2 (2013): Vol. 15, No. 2, (Agustus, 2013)
Publisher : Universitas Syiah Kuala
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ABSTRACT: The effort to suppress wood theft nowadays has not optimal yet as there is an overlapping role of investigators from Forestry Department Police as Civil Servant Investigators and Indonesian National Police. It has an implication for the National Police that is not able to investigate the crime. Lack of mechanism rule of arresting by the Civil Servant Police of Forestry Department in the Forestry Act has caused different perceptions and seems it has no function causing in terms of not being caught in the act the police still needs help from the Indonesian National Police to issue the arrest letter despite the fact that the police and civil servant police has the power based on the Act Number 41, 1999 regarding forestry. The Competence of Investigation Mechanism Conflict between Police and Forestry Police in Suppressing Wood Theft
Tanggung Jawab Negara terhadap Pelarangan Menyeluruh Ranjau Anti-Personel di Indonesia dalam Konflik Bersenjata di Aceh
Muhammad Heikal Daudy
Kanun Jurnal Ilmu Hukum Vol 15, No 2 (2013): Vol. 15, No. 2, (Agustus, 2013)
Publisher : Universitas Syiah Kuala
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ABSTRACT: Convention on the Total Prohibition of Anti-Personnel Mines, was formed with a view to realizing the "Free Mine World ". Indonesia has ratified the convention, commonly known as the Ottawa Convention 1997 to the Undang-Undang Nomor 20 Tahun 2006. As a State Party, Indonesia is obliged to fulfill all the provisions of the convention and the most important is the commitment to protect every citizen from falling victim to anti-personnel mines. In armed conflict of Aceh, mines were used by both parties that the Government of the Republic of Indonesia and the Free Aceh Movement, indications are casualties is dominated by civilians after the armed conflict stopped. For these reasons, the parties are considered not to comply and execute its responsibility of each as intended conventions and International Humanitarian Law Principles. The reality is stands to reason, because the implementation of the state responsibility principle for the total prohibition anti-personnel mines are less than the maximum and seemed to slow. The problem lies in the lack of political will of both parties to keep the peace and support the development agendas in Aceh on going basis, especially with completing problems arising from the existence of anti-personnel mines. State Responsibility Towards a Total Prohibition Anti-Personnel Mines in Indonesia in Armed Conflict of Aceh
Undang-Undang Sistem Peradilan Anak, Pelajaran dari Kearifan Lokal dan Kasus Raju
Ferry Fathurokhman
Kanun Jurnal Ilmu Hukum Vol 15, No 2 (2013): Vol. 15, No. 2, (Agustus, 2013)
Publisher : Universitas Syiah Kuala
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ABSTRACT: Prior to colonization of Dutch, most of Indonesian solve legal problem by making an agreement. A court is a modern legal representation for Indonesian that is the last way taken if fail to reach an agreement. The settling of criminal case through a court is often leaving social problem. The enforcement of juvenile case is a dominant problem that can be seen. Raju case and AAL are juvenile cases causing social tension. In the context of modern law, a crime is a crime, law must be enforced. Despite the fact that most Indonesian believe that two cases are insignificant for being tried before the court that may bring negative impact on the future of the children. A new regime law, the Law of Juvenile Justice System has been passed. A new hope for settling the cases. The Act of Juvenile Justice System, A Lesson from Local Wisdom and Raju Case
Formulasi Hukum Penanggulangan Malpraktik Kedokteran
Priharto Adi
Kanun Jurnal Ilmu Hukum Vol 15, No 2 (2013): Vol. 15, No. 2, (Agustus, 2013)
Publisher : Universitas Syiah Kuala
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ABSTRACT: Indonesia legal system has a component of legal substance, namely criminal law, civil, and administrative laws does not recognized malpractice. The main rule is on the Act Number 23, 1992. This paper would like to explore (1) the policy formula of criminal law nowadays in suppressing medical malpractice. (2) the policy formula of criminal law in the future in overcoming such crime. The method applies is juridical comparative that is by exploring or analyzing secondary data gathered from secondary sources. This is descriptive analytical research. The data are then described and constructed the statement in document and in the act. The research reveals that punishment on corporation is limited to the violation of practice license by a doctor. In KUHP, the Act Number 36, 2009 regarding Health, the Act Number 29, 2004 regarding Doctor Practice after the decision of Constitutional Court is not regulated specially or the terms of malpractice is not recognized. Upcoming formula policy should be regulated regarding corporate liability in terms of medical practicing bringing loss for patients as the conduct of malpractice by doctors. Legal Formula on Suppressing Medical Malpractice
Persoalan Yuridis Undang-Undang Nomor 40 Tahun 1999 tentang Pers
Ahmad Irzal Fardiansyah
Kanun Jurnal Ilmu Hukum Vol 15, No 2 (2013): Vol. 15, No. 2, (Agustus, 2013)
Publisher : Universitas Syiah Kuala
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ABSTRACT: Press is an institution that has a strong influence on the forming of public opinion and efficacy of spreading information. Therefore, it is really strategic if press is empowered to spread positive information for public. However, in many cases crime of press in the Act Number 40, 1999regarding Press is not imposed by the reason of lex specialist. This article is going to answer the juridical problem in enforcing law regarding press. It shows that the act has not fulfilled the criteria as the act with lex specialist as it has no qualification of a crime as KUHP states it as KUHP is the main rule of crime regulation. Thus, in terms of trial involving press, judges persist to impose KUHP is correct. it is recommended that the act of Press as lex specialist should be revised on the Act by fulfilling the requirements that are proper to KUHP as the main source of criminal law for other laws. Juridical Matters on The Act Number 40, 1999 on Press
Kebijakan Formulasi Hukum Pidana dalam Penanggulangan Tindak Pidana Korupsi
Ridwan Ridwan
Kanun Jurnal Ilmu Hukum Vol 15, No 2 (2013): Vol. 15, No. 2, (Agustus, 2013)
Publisher : Universitas Syiah Kuala
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ABSTRACT: Corruption has been increasing rapidly and destroying life of nation. It is not only making loss of state financial but also economic of people and becoming threat for national stability and international. This paper is going to answer the policy of corruption policy in the act applying now and in the future. This research applies juridical normative method by conceiving law as a norm that is a measure for human behavior by focusing on secondary data that are collected from primary data that are laws. Based on the research, it reveals that the policy of criminal law on preventing crime of corruption are facing some weakness hence the restoration is required by focusing on the element of making loss for the state. To consider its increase is to fast, hence the concept of Indonesian criminal code is understood as criminal law policy that is proper for suppressing corruption in the future. Criminal Law Policy Formula on Suppressing Corruption
Studi Kriminologi Penyelesaian Kekerasan Dalam Rumah Tangga di Kota Kupang
Lamber Missa
Kanun Jurnal Ilmu Hukum Vol 15, No 2 (2013): Vol. 15, No. 2, (Agustus, 2013)
Publisher : Universitas Syiah Kuala
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ABSTRACT: Violence behavior might happen in every household. The violence is not on its criteria but more on the reasons for committing it. This paper explores (1) Phenomena of cases of domestic violence in Kupang (2) phenomena of the violence viewed from criminology aspect. This research applies by applying analytical method by applying juridical empirical research. This research starts by exploring and assessing laws either criminology factors in secondary data and will be then followed by empirical factors by gathering primary data. From its character, this is descriptive analytical research. The data applied are primary data and secondary data. To analyze it, quantitative analysis is then used. The findings show that based on criminology aspect, the violence committed in Kupang is due to economy, jealous and drinking factors. In solving it always used custom approach and also the law. It is recommended that the violence should be monitored by society and it is not only internal problem but also legal one and the family should prevent it from committed. Criminology Study on Settling Domestic Violence Case in Kupang Municipality
Pelaksanaan Tugas dan Kewenangan Jaksa di Bidang Perdata dan Tata Usaha Negara
Muhammad Insa Ansari;
Indra Kesuma Hadi
Kanun Jurnal Ilmu Hukum Vol 15, No 2 (2013): Vol. 15, No. 2, (Agustus, 2013)
Publisher : Universitas Syiah Kuala
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ABSTRACT: In civil and administrative procedure fields, executor by its special authority can have power to act inside or outside court on behalf of the state or government. However, practically, there is not all claim of civil case and administrative is referring to the state, government, provincial government and working unit of local government, local government of district and municipality and this working unit are asking the executor to represent them. In fact, in the level of General Executor, High Executor and Magistrate Executor have the unit working on civil case and administrative case based on its duties and authorities. Duties and Authorities of Executor in Terms of Civil and Administrative Procedure
Konsep Implementasi Syariat Islam di Aceh
Syamsul Bahri
Kanun Jurnal Ilmu Hukum Vol 15, No 2 (2013): Vol. 15, No. 2, (Agustus, 2013)
Publisher : Universitas Syiah Kuala
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ABSTRACT: Sharia law is implemented to bring peaceful for society without looking from ethnicity, group and religion but in its implementation, there are many political elements. From the fact, it requires thoughts to find concept based on history of it implementation in Aceh. This research applies qualitative method by case study finding the concept of implementation of the law in Aceh. Data sources are from literature and also from people thoughts. This research shows that the matter of sharia law is closed to the meaning. If it is explored detailed many thought on it depending on it. By its long history hence it must be a part of unification of concept in its implementation. The development of the law in Aceh society it not separated from the implementation of sharia law itself. Sharia Law Implementation Concept in Aceh