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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 16, No 1 (2014): Vol. 16, No. 1, (April, 2014)" : 10 Documents clear
Studi Komperatif Prinsip Asuransi Jiwa Takaful dan Asuransi Jiwa Konvensional Ilyas Ilyas
Kanun Jurnal Ilmu Hukum Vol 16, No 1 (2014): Vol. 16, No. 1, (April, 2014)
Publisher : Universitas Syiah Kuala

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Abstract

Everyone is aware that the life is full of uncertainty, except the death. The uncertainty causes a risk that is a loss for a person. The risks are sick, accident, death, etc. all will cause suffering and it is circumvented by transferring the risk to insurance hence it is easier for the person. Therefore, there is an agreement between the person worrying the risk and the company taking the responsibility. Nowadays, apart from conventional insurance, there is also Islamic insurance. Islamic insurance, including Takaful Life Insurance, avoids three things banned in Islamic rule namely; uncertainty, gambling, and interests as found in life insurance recently. This research aims to explain a comparative study of life insurance of Takaful and conventional. A Comparative Study on the Life Insurance of Takaful and Conventional
Sejarah Pemerintahan Imeum Mukim di Aceh Mahdi Syahbandir
Kanun Jurnal Ilmu Hukum Vol 16, No 1 (2014): Vol. 16, No. 1, (April, 2014)
Publisher : Universitas Syiah Kuala

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Historically, the governance of Imeum Mukim is a legacy of the Aceh Empire. It is not created by the colonialism of the Dutch or the Indonesiian Government, but, it is created by the empire. The existency is a part of customary and conducted based on customs and customary law. This research explores such existence from the era of the Aceh Empire to nowadays. After the independence of Indonesia, its existence is influenced by the laws regulating Local and Villaage Governances. Surprisingly, the existence was not recognized by the Act Number 5, 1979. The Act Number 11, 2006 regarding Aceh Governance, it is admitted as one of the governance units under the head of subdistrict official and regulated by its own local laws. The History of Imuem Mukim Governance in Aceh
Perlindungan Hukum terhadap Usaha Mikro, Kecil dan Menengah dalam Perspektif Keadilan Ekonomi Yusri Yusri
Kanun Jurnal Ilmu Hukum Vol 16, No 1 (2014): Vol. 16, No. 1, (April, 2014)
Publisher : Universitas Syiah Kuala

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This research aims to explore the concept of protection on micro, small and medium based on economic justice approach of John Rawls and constitutional protection of such enterprises. It is explored through John Rawls justice and the wealth management. This is descriptive qualitative research. The research applies juridical normative. The data are then analysed through qualitatively. The protection on the businesses is not implemented well. The Act on the Small and Medium Enterprise and the Qanun No. 10, 2004 is not effective in its efforts to realize the opportunity of the enterprises. Affirmative actions based on the distributive justice of John Rowls have not been implemented well by the government either in legal products or protection operational policies and the empowerment of the enterprises. Legal Protection on Micro, Small and Medium in The Perspective of Economic Justice
Politik Hukum Penetapan Baku Mutu Lingkungan sebagai Instrumen Pencegahan Pencemaran Lingkungan Hidup Ade Arif Firmansyah; Malicia Evendia
Kanun Jurnal Ilmu Hukum Vol 16, No 1 (2014): Vol. 16, No. 1, (April, 2014)
Publisher : Universitas Syiah Kuala

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The standard of environmental quality is one of the instruments in preventing environmental pollution beside KLHS, special plan, environemtal analysis, UKL-UPL, permission, etc. the standard comprises of the standards of water, water waste, sea water, air ambien, emission, and nuisance. Politics of law in determination of the standards as a preventive  instrument of the pollution is based on Article 28H verse (1) of the Indonesian Constitution 1945 states that healthy and good environment is a human rights that should be guaranteed, Article 33 of the Act also provides that national economy must be based on economic democracy by environmentally principle. The determination is one of the legal responsive forms raised from democracy politics configuration to answer the need of people for the healthy and good environment. The determination in the statutes as legal subtances must be followed by structural development and legal culture hence the environment quality for sustainable life exists. Politics of Law in The Environmental Quality Standard Determination as An Instrument in Environmental Polution Prevention
Proses Penyusunan Rencana Tata Ruang dalam Kaitan Kelestarian Fungsi Lingkungan Hidup Nina Mirantie Wirasaputri
Kanun Jurnal Ilmu Hukum Vol 16, No 1 (2014): Vol. 16, No. 1, (April, 2014)
Publisher : Universitas Syiah Kuala

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The research on the arrangement process of spatial planning to keep the environmental function sustainability in Central Java Province is purposed at exploring (1) whether the process of the arrangement of spatial planning has been in accordance with the rules? (2) how is the position of the planning on the sustainability of the environment? (3) how is the participation of people in the arrangement in Central Java Province? This is juridical empirical research by applying secondary and primary data. The data then analysed descriptive qualitatively. The research shows the planning of Central Java between 2003-2018 is not optimal yet as demanded by the rules. It results from lack of attention on integrated principle, sustaionability, transparency and legal protection. Apart from that the society also lack of participation in the planning. The Process of Spatial Planning Arrangement in Relation to Environmental Function Sustainability
Contempt of Court: Suatu Perbandingan antara Berbagai Sistem Hukum Ida Keumala Jeumpa
Kanun Jurnal Ilmu Hukum Vol 16, No 1 (2014): Vol. 16, No. 1, (April, 2014)
Publisher : Universitas Syiah Kuala

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This paper is based on the justice developments nowadays. One of them is many decisions of judges are not enforced. A court is the fort of justice is disrespectful. Even, the society considers that the justice process is not fair. The phenomenon is over shown. The presses, by its opinions have contributed on undermining the court and make it disrespectful. Such actions in the English law are known as contempt of court and it is not found such regulation in the Indonesian penal code. Contempt of Court: A Comparison Among Vary Legal Systems
Aspek Hukum Pembentukan Qanun No. 3/2013 tentang Bendera dan Lambang Aceh Kurniawan Kurniawan
Kanun Jurnal Ilmu Hukum Vol 16, No 1 (2014): Vol. 16, No. 1, (April, 2014)
Publisher : Universitas Syiah Kuala

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This article aims is to explain the basic authority of the enactment of Qanun (local law) Aceh No. 3, 2013 regarding the Flag and Symbol of Aceh. Furthermore, it examines whether the law infringes higher laws and public interest. In addition, it explores the validity of the law and its legal mechanism which is available regarding the cancellation of the law. This   is  normatif legal research. The data is obtained through library research. The approach research used is statute approach. The findings show that, the law infringes Government Regulation No. 77, 2007 regarding the Symbof of Region and public interest. Nevertheless, the existence of the law is legally valid because the Government has exceeded the time period of 60 days since it received the law, and has not issued the President Regulation regarding the cancellation of it. It means that if the Government has not issued it, it is legally that the law is valid as mandated in Article 145 paragraph, sub article (7) of the Act No. 32,  2004 regarding on the Local Government . The Legal Aspect of The Enacment Qanun Number 3, 2013 Regarding The Flag and Emblem of Aceh
Hukuman Tata Tertib sebagai Instrumen Penertiban dan Pemasyarakatan dan Rumah Tahanan Negara Ainal Hadi
Kanun Jurnal Ilmu Hukum Vol 16, No 1 (2014): Vol. 16, No. 1, (April, 2014)
Publisher : Universitas Syiah Kuala

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Abstract

The effort of educating prisoners in the context of correctional system is still full of problems for example imposition of discipline and security of the correction and detention institutions. The annoyance of security and discipline and the escape of them threaten the education.  One of the instruments applied by the government is the Minister of Law and Human Rights Regulation Number 6, 2013 regarding the Correction and Detention Institutions Conduct containing the rules that must be obeyed by the prisoners and detainees along with the imposition of discipline punishment as an indicator to know whether their behavior is good or bad.  Discipline Punishment as An Enforcing Instrument and Imprisonment and Detention
Budaya Hukum Pancasila dalam Hukum Pertambangan Rakyat sebagai Bagian Pembangunan Sistem Hukum Nasional Derita Prapti Rahayu
Kanun Jurnal Ilmu Hukum Vol 16, No 1 (2014): Vol. 16, No. 1, (April, 2014)
Publisher : Universitas Syiah Kuala

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Discourses on the Pancasila legal state conception has been long time to be issues in several academic and scientific forums that is not finally discussed and debated. This article is exploring the problems: (1) why a legal culture is important in national legal system development? (2) How to understand the culture? (3) How the culture in the Public Mining Law? Based on the problems, it can be decribed that the crucial of legal culture in national development caused by public as a target of regulation and the imposition of punishment. In this case, it should understand the culture as a basis for the basis of national legal system by putting the Pancasila values to be united. In the context of public mining, Pancasila legal culture is manifested by the imposing its values in the public mining.  The Pancasila’s Legal Culture in Public Mining Law as A Part of National Legal System Development
Hukum Pelestarian Terumbu Karang sebagai Penyangga Produktivitas Perikanan Lena Farsia; Wardah Wardah
Kanun Jurnal Ilmu Hukum Vol 16, No 1 (2014): Vol. 16, No. 1, (April, 2014)
Publisher : Universitas Syiah Kuala

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Abstract

There is the fact that in Aceh, more than 60 percent of coral reef are bleaching. Scientiests also found that 80 percent of marine species in Aceh marine are going to death. It is a dangerous situation because coral reef are a protecting place for fish and other sea biotas. Huge fishes are also usually gathering around the coral reef that provide food for them. This research will be conducted at the coral reef ecosystem in Ujung Pancu, Kecamatan Peukan Bada, Great Aceh. The aims of the research are to analyze the rule of protecting coral reef in Aceh Province, to explain the efforts of coral reef protection in Ujong Pancu area in order to increase the fishing productivity, and to comprehend the challenges faced in preserving coral reef in Ujong Pancu area. The research shows that the legal basis for the coral reef conservation has regulated both in national and local law. It means that the government has been taking into account and giving proper attention to the conservation program. Moreover, the coral reef conservation in Ujung Pancu also got supports not only form the local government but also from the civitas academica but also from the local and international  non governmental organizations. It is concluded that the barriers in coral reef preserving program in Ujung Pancu are minimalized.  The Potential of Coral Reef of Law as Fishery Productivity Buffer

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