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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 23, No 1 (2021): Vol. 23, No. 1, April 2021" : 10 Documents clear
The Problems in Mineral and Coal Mining Regulations Perspectives Political Law and Responsive Law Putra Astomo
Kanun Jurnal Ilmu Hukum Vol 23, No 1 (2021): Vol. 23, No. 1, April 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i1.19949

Abstract

Minerals and coal are two elements of natural wealth owned by the Indonesian people and managed according to the country's economic system as regulated in Article 33 of the 1945 Constitution of the Republic of Indonesia. This paper examines the criticism of the birth of mineral and coal mining legal products amid the Corona Virus Pandemic Disease (Covid-19) that is deadly and afflicts most countries in the world including Indonesia, namely Law Number 3 of 2020 on Amendments to Law Number 4 of 2009 on Mineral and Coal Mining thus the regulations of mineral and coal mining creates problems. The approach method was used a socio legal approach. The results of the study show that problems that arise in the regulations of mineral and coal mining in terms from the political law and responsive law perspectives due to two factors between: (1) Contrary with establishment of legislation principles related discussion the draft Law on Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining. (2) Contrary with responsive law because participations of community low in establishment the draft Law on Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining.
Legal Redesignation of Central and Regional Authorities to Strengthen Sinergity in Public Services Malicia Evendia; Ade Arif Firmansyah
Kanun Jurnal Ilmu Hukum Vol 23, No 1 (2021): Vol. 23, No. 1, April 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i1.18086

Abstract

This study aims to analyze and find the ideal legal design of the relationship of authority between the central and regional governments in order to strengthen synergy in public services. In essence, the granting of autonomy to the regions is directed at accelerating the realization of public welfare, through the implementation of government affairs. Concurrent government affairs as stipulated in Law no. 23/2014, is a governmental affair that is divided between the central government, provincial government and district/city governments. In practice, when problems occur in the implementation of concurrent affairs which fall under the central authority, the regional government is in a powerless position. This research uses normative legal research methods with statutory, case, and conceptual approaches. The results of this study indicate that: the absence of a legal instrument that accommodates and bridges central and regional authorities causes problems that occur in the community to continue and do not immediately find solutions. It is necessary to have legal instruments in the form of government regula-tions in bridging the authority of the central and regional governments to build synergy in public services, especially to resolve conflicts that occur in society so that government administration can run effectively.
The Essence of Ownership Rights of College Foundation in Social Justice Perspective A Zulkarnain
Kanun Jurnal Ilmu Hukum Vol 23, No 1 (2021): Vol. 23, No. 1, April 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i1.19054

Abstract

This research is based on the essence of the ownership rights of higher education foundations in the perspective of social justice. By looking at several facts related to ownership rights and institutions and their management. This research method is normative with a philosophical approach, laws, theories/concepts, and cases. The data used are secondary data in the form of primary and secondary legal materials. The results show that ownership rights to tertiary institutions are public/community ownership rights that are responsible for trust, not those of the founders, supervisors, administrators, and supervisors. The ownership rights of this foundation are pseudo or imperfect because it is only limited to the right to use or benefit from the existence of the higher education foundation. The ownership rights of the student community over foundations have implications for the management of foundations and universities with the foundation's obligation to provide academic services and economic assistance for underprivileged students.
Law Enforcement of Terrorism Crimes Associated with Foreign Terorist Fighter ISIS Cases Qurrata A'yun
Kanun Jurnal Ilmu Hukum Vol 23, No 1 (2021): Vol. 23, No. 1, April 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i1.19000

Abstract

This study aims to discuss the position of terrorism in international criminal law and law enforcement against terrorism crimes committed by the Islamic State of Iraq and Syiriah (ISIS) Foreign Terrorist Fighter (FTF). The research method used in this research study is a normative juridical legal research method. In some literature, crimes of terrorism in international criminal law are categorized as extraordinary crimes because of their systematic, organized and widespread nature. Law enforcement against the FTF ISIS for crimes of terrorism can basically be carried out by means of preventive measures as preventive and repressive measures as penal measures which in this case can be prosecuted based on the legal rules of the perpetrator's country of origin and allowed to make arrests, prosecutions and punishments or attempts. Extradition if necessary. In addition, law enforcement based on international criminal law can also be pursued if the crimes of terrorism committed by the perpetrators cause things that have an impact on the international community and qualify as stipulated in the Rome Statute.
Agrarian Justice and Contextuality in Maxim Fiat Justitia Ruat Caelum and Fiat Justitia Ne Pereat Mundus Muh. Afif Mahfud; Erlyn Indarti; Sukirno Sukirno
Kanun Jurnal Ilmu Hukum Vol 23, No 1 (2021): Vol. 23, No. 1, April 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i1.20178

Abstract

Maxim is a short sentence with deep meaning related to value and purpose of law include agrarian law. This article analyse the meaning of fiat justitia ruat caelum and fiat justitia ne pereat mundus as well as its relation to agrarian justice and its contextuality. Both of those maxim are paradigmatically analysed. This is a normative juridical research, use conceptual and historical approach with secondary data then qualitatively analysed. Concluded that fiat justitia ruat caelum and fiat justitia pereat mundus is part of legal formalism. The agrarian justice is achieved when the law is enforced as the text and its acontextual. In contrast, fiat justitia ne pereat mundus consider law is valid when it is according to the purpose and agrarian justice exist when it bring out prosperity for all people. Paradigmatically, fiat justicia ruat caelum and fiat justitia pereat mundus fall in positivism paradigm, consider rule is perfect, no interpretation, separation of law and morality, impossibility of interdisciplinary approach. In another hand, fiat justitia ne pereat mundus falls in post positivism paradigm which consider law is imperfect, interpretation is possible, no separation of law and morality and interdisciplinary approch is opened. The law is acontextual.
Manipulation of Transaction Value to Reduce Fees for Acquisition of Land and Building Rights Suhaimi Suhaimi
Kanun Jurnal Ilmu Hukum Vol 23, No 1 (2021): Vol. 23, No. 1, April 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i1.19785

Abstract

The purpose of this study is to analyze the responsibility of taxpayers who manipulate transaction values in order to reduce Fees for Acquisition of Land and Building Rights (BPHTB). This research is inspired by the results of previous research that many BPHTB taxpayers manipulate transaction values to reduce BPHTB, but they are missed from legal responsibility, so that their actions seem normal in society and are not perceived as despicable and violating of the law. This research is a normative legal research using a statutory approach, so that it can be seen how the responsibility of taxpayers who are not honest in paying BPHTB. The results showed that in statutory regulations cannot be found administrative sanctions imposed on taxpayers who manipulated transaction values to reduce BPHTB. In fact taxpayer's actions are really detrimental regional finance, because their taxes are paid to the Regional Treasury as the original financial resources. Sanctions contained in statutory regulations are only criminal sanctions, as regulated in Article 174 of Law Number 28 of 2009 with the threat of imprisonment for a maximum of one year if due to negligence and a maximum of two years if done intentionally.
Constitutional Guarantees Regional Regulations of Sharia in Indonesia Sodikin Sodikin
Kanun Jurnal Ilmu Hukum Vol 23, No 1 (2021): Vol. 23, No. 1, April 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i1.16384

Abstract

Regional regulations or Sharia Regional Regulations are the product of legislation under laws that have Islamic teachings. The problem that underlies the existence of a Sharia Regional Regulations is whether it is constitutionally justified and how the constitutional guarantee of the existence of a Sharia Regional Regulations is applicable. This problem is examined using descriptive normative research methods with qualitative analysis. The results of this study indicate the objectives achieved are first, the existence of Sharia Regional Regulations due to the legal awareness of people who are aware as religious citizens so that their lives will be better which is constitutionally justified in the 1945 Constitution and Pancasila. Second, Article 29 of the 1945 Constitution and Pancasila provides constitutional guarantees for the existence of Sharia Regional Regulations. This is because Chapter XI Article 29 of the 1945 Constitution regulates the issue of Religion which is strengthened by the First Precepts of the Pancasila which shows the constitutional rights of citizens, that is, every citizen has the right and obligation to have a religion and practice his religion and beliefs.
The Request for Postponement of the Blashphemy Case Criminal Charge Reading by Police and Prosecutors Mohd Andalusia Masri; Dahlan Ali; Darmawan Darmawan
Kanun Jurnal Ilmu Hukum Vol 23, No 1 (2021): Vol. 23, No. 1, April 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i1.19703

Abstract

This research aims to evaluate the police's request to postpone the criminal charge reading of the blasphemy case at the North Jakarta District Court, which was not based on Indonesia's positive law. The request to postpone a trial by the police without a legal basis could be considered a form of police intervention against the trial process, which has legal criminal consequences based on Article 3 Paragraph 2 and 3 of Law Number 48 of 2009 concerning Judicial Power. Meanwhile, the request for a two-week trial postponement by the public prosecutors due to their inability to complete the criminal indictment, as well as considering the request from the police, has created an impression that the public prosecutors have complied with the request of the police. It also injured public trust that demanded a fair and transparent law enforcement process.
Reformulation of the Position of Auxiliary State Institutions as Legal Standing Related to Authority Disputes of State Institution Mirja Fauzul Hamdi
Kanun Jurnal Ilmu Hukum Vol 23, No 1 (2021): Vol. 23, No. 1, April 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i1.19869

Abstract

This research aims to examine the reformulation meaning of legal standing of state institutions in authority disputes cases between state institutions and the juridical implications of the legal standing of auxiliary state institutions as parties in the authority disputes cases of state institutions. Authority disputes may arise along with the development of state institutions based on their needs and interests in dealing with certain legal issues. This approach uses a normative method with descriptive analytical specifications. The results of the study show that the meaning of state institutions which can be the legal standing in the authority disputes cases between state institutions is not only interpreted by state institutions that are formed and given authority according to the 1945 Constitution. Auxiliary state institutions, which on the one hand carry out their functions as a form of derivation from the 1945 Constitution, can become state institutions litigating at the Constitutional Court. Regarding the implications of determining legal standing for state institutions that are formed by laws to litigate at the Constitutional Court, in fact it does not change the authority of the Constitutional Court itself according to Article 24c of the 1945 Constitution. The state institutions that become the legal standing at the Constitutional Court must of course be able to prove that their objectum litis is a derivation of the constitution.
Initiating Payment of Trafficking Restitution from a Victims Perspective Rina Melati Sitompul; Andi Maysarah
Kanun Jurnal Ilmu Hukum Vol 23, No 1 (2021): Vol. 23, No. 1, April 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i1.18276

Abstract

The objective of this study was to offer policy concept ideas in fulfilling restitution for the victims in accordance with the required attainment of justice. Restitution related to the payment of costs charged to the person based on a court decision that has permanent legally enforceable for the costs suffered by the victim or heir. This study used a normative method using a statutory approach and a case approach. From the three court decisions and one trafficking case in the constabulary, the victim's comprehension of the legal handling experienced is sufficient to accommodate the victim's wishes in obtaining victim's rights. Conclusions are drawn through an inductive to deductive thought process. Of the three decisions reviewed, it proved that the application of restitution payments was not able to fulfill a sense of justice for the victim. In fact, in practice, the fulfillment of compensation payments is in the non-penal space, from the perspective of victim recognition, it is sufficient to accommodate their wishes and hopes for the fulfillment of the expected restitution rights. In order to provide legal certainty for victims of the fulfillment of restitution rights, a legal breakthrough is required. The diversion method as a confirmation of ensuring the payment of the victim's restitution right is an offer. The concept of diversion can be carried out with the limitation of the criteria for the impact experienced by the victim, and the legality of legality is determined through a court decision or decision, as legal achievement through restorative justice is able to restore conflicts from perpetrators and victims.

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