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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 23, No 3 (2021): Vol. 23, No. 3, December 2021" : 10 Documents clear
Opportunities and Challenges in the Utilization of Warehouse Receipts for Coffee Farmers in Central Aceh District Susiana Susiana; Khairani Khairani; Safrina Safrina; Lena Farsia
Kanun Jurnal Ilmu Hukum Vol 23, No 3 (2021): Vol. 23, No. 3, December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i3.22638

Abstract

This article aims to analyze and explain the opportunities and challenges for coffee farmers in obtaining financing from banks using Warehouse Receipts (RG) as collateral. Capital for coffee production costs is one of the obstacles coffee farmers face in Central Aceh. As one of the Warehouse Receipt System (WRS) commodities, coffee can be used as collateral in the form of Warehouse Receipts issued by the WRS warehouse. It is under the provisions of Law No. 9 of 2009 concerning WRS. This research is empirical juridical research. Data were obtained through interviews with farmers/farmer groups, warehouse managers, and Disperindagkop Central Aceh District. This research found that Central Aceh farmers/farmer groups have an excellent opportunity to get financing with Warehouse Receipts as collateral. It can be seen from the support of the local Government in accelerating the certification process for 3 WRS warehouses during the COVID-19 pandemic. Currently, in Central Aceh, 5 WRS warehouses can accommodate the harvests of farmers/farmer groups. In addition, the existence of farmer groups and cooperatives can also strengthen farmers' opportunities to meet the require-ments for obtaining Warehouse Receipts. However, currently, the implementation of the WRS in Central Aceh is still not running optimally. It can be seen from the use of WRS, which is still very minimal. Of the five available WRS warehouses, only two have issued Warehouse Receipts, namely 110 SRG warehouses owned by the Government and PT. 3. In addition, currently, WRS is only used by entrepreneurs/cooperateves/ex-porters, while farmers/farmer groups have not yet utilized it. Until now, farmers/farmer groups still use the mechanism of selling coffee directly to collectors, which harms them in certain circumstances. The farmers do not use this WRS to obtain financing from the bank or delay selling. Another obstacle is related to the implementation of the Qanun on Sharia Financial Institutions in Aceh.
The Panwaslih Province of Aceh Decision That Conflict With KPU Regulation Riski Afrial; Husni Husni; Zahratul Idami
Kanun Jurnal Ilmu Hukum Vol 23, No 3 (2021): Vol. 23, No. 3, December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i3.20998

Abstract

The purpose of the research aims to analyse the validity of the decision by Panwaslih Aceh number 001/PS/SN.20/VII/2018 as opposed to article 60 section (1) letter j under KPU regulations number 14 in 2018. KPU regulations do not allow individual prospective candidates to participate in the regional representative board election whose former drug convicts, had committed sexual crimes against children, or had corruption before. the research is normative juridic research using theory and legislation approach. The result of the research showed the moment of decision was made, KPU regulations still applied. The decision of Panwaslih Aceh has already exceeded its own authority as a result of not accommodating KPU regulations. KPU regulations should be changed at first or being said by the supreme court that KPU regulations are contrary to the law. DKPP as electoral management body ethics council was expected to run its function more actively without a complaint first.
Does Batak Toba Widower Get the Wife’s Family’s Inheritance? Elfrida Ratnawati Gultom; Endang Pandamdari
Kanun Jurnal Ilmu Hukum Vol 23, No 3 (2021): Vol. 23, No. 3, December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i3.21787

Abstract

The problem that will be discussed in this article is about the inheritance rights of a widower according to the customary inheritance of the Batak Toba, whether the widower according to the customary inheritance law of the Batak Toba gets an inheritance from his wife's family. The type of normative legal research used in this article is supported by references or secondary data as the basic material for research related to the issues discussed, that is the rights of the inheritance of widowers in Batak Toba. The data sources used are primary data and secondary data. The data from the results of this study will be analyzed with a qualitative approach, then will be described descriptively. The conclusion obtained from this study is that a Toba Batak widower, in the customary inheritance law of the Batak Toba does not inherit from his wife's family because the wife is a family member of the husband (honest marriage), because the wife herself does not also get an inheritance fromhis parents, because in Batak Toba community, only sons (his wife's brother) get a share of the inheritance and become the heirs of the wife's parents.
Government Discretion of the Regional Election Implementation During Covid-19 Pandemic Through Technology Utilitization Dani Habibi; Danang Ari Wibowo
Kanun Jurnal Ilmu Hukum Vol 23, No 3 (2021): Vol. 23, No. 3, December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i3.21092

Abstract

The simultaneous regional elections held in 2020 in Indonesia encountered a problem. The constraints experienced are not due to a lack of supply materials for the elections or the absence of regulations on the regional elections, but to a condition experienced by the whole world, namely the COVID-19 pandemic outbreak. This research is included in normative research with a statutory and conceptual approach. This research aims to formulate the discretion that the government must carry out so that simultaneous regional elections are still carried out as a form of legal protection for the people regarding the right to vote and be elected in simultaneous regional elections, namely elections electronically with the use of technology and then the authors analyse and reconstruct Law Number 6 of 2020 concerning the simultaneous regional elections to formulate rules regarding the existence of an electronic election system to minimize the occurrence of population mobilization.
The Study of Implementation Effectiveness in the Various Criminal Law Policies During the Covid-19 Pandemic Joko Sri Widodo; Kristiawanto Kristiawanto; Tofik Yanuar Chandra
Kanun Jurnal Ilmu Hukum Vol 23, No 3 (2021): Vol. 23, No. 3, December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i3.21912

Abstract

There are various pros and cons to the criminal law policies by the Indonesian government in the context of dealing with covid 19. So it is necessary to have a study related to the effectiveness of implementing these various policies. The author's background is to discuss the formulation of the problem in this article: What is the criminal law policy during the covid 19 pandemic? And how is the effectiveness in the implementation of these policies? This article uses a normative juridical research method that examines various positive laws from the applicable laws and regulations, and then it is analyzed in analytical descriptive. The Indonesian government has established various policies to prevent the covid 19 transmission. The guidelines consist of: the formation of various legal regulations related to the covid pandemic; a policy of criminal sanctions for violators of social policies during the covid 19 pandemic; prisoner assimilation policy; electronic trial of criminal cases during the covid 19 pandemic; corruption prevention policies; policies on workplaces in public areas. Regarding the effectiveness of implementing these policies, it can be said that the execution tends to be less optimal because the policies are contrary to one another. So this article provides suggestions to the government and the community should have mutual support for the implementation of criminal law policies during the COVID-19 pandemic can be effective.
Juridical Overview of the Syndication Financing Agreement Between Customers and Financial Institutions Suwinto Johan; Ariawan Ariawan
Kanun Jurnal Ilmu Hukum Vol 23, No 3 (2021): Vol. 23, No. 3, December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i3.21920

Abstract

Companies need funding for business growth. Syndicated financing is financing in large amounts of funds and projects that require extensive and long-term financing. Syndi-cated financing has grown since the 1960s. Participating financial institutions have compliance and knowledge of syndicated financing agreements. Customers have low compliance and understanding of financing agreements. This discrepancy has given rise to several communication problems, which resulted in legal events. This research aims to examine syndicated financing agreements between financial institutions and customers from the juridical side. This research uses a normative juridical method. This research concludes that the financing agreement is a single agreement between customers and many financial institutions. Financial institutions cannot deal directly with customers in the syndicated financing agreements. The facility agent or trustee represents the financial institution in negotiations with the customer if there is a difference or discrepancy with the financing agreement.
Application of the Reasons for Elimination of Criminals in Cases of Corruption Ifrani Ifrani; Noor Reza Ihsan
Kanun Jurnal Ilmu Hukum Vol 23, No 3 (2021): Vol. 23, No. 3, December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i3.23241

Abstract

The purpose of this study was to find out the application of the reasons for the elimination of criminals in cases of corruption. The results of this study are case number: 87/Pid.Sus/2010/PN.Mrb, which was strengthened in the Supreme Court's Cassation decision number: 321 K/Pid.Sus/2011, was wrong in applying the excuse of forgiveness as the reason for eliminating the crime in its legal considerations, where the element of forgiving reason applied by the Panel of Judges was not fulfilled, but the justifying reason should be applied because one of the elements of Article 3 of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the eradication of criminal acts of corruption was not fulfilled because it relied on legal facts and expert testimony without mentioning in detail and with certainty who was benefited from the act, so the implication in this case is that the defendant should be acquitted (vrisjpraak).
The Urgency of Strengthening the Rights and Participation of Indigenous Peoples in Realizing Sustainable Management of Customary Forest Annisa Indah Nuari; Sapto Hermawan
Kanun Jurnal Ilmu Hukum Vol 23, No 3 (2021): Vol. 23, No. 3, December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i3.21881

Abstract

This article aims to analyze the urgency of strengthening the rights and participation of indigenous peoples in customary forest management in Indonesia. Law No. 41/1999 on Forestry, which is still centralized in nature, has limited the rights and roles of indigenous peoples in managing their customary forests. The regulation regarding customary forest in the Forestry Law is inconsistent with protecting ecosystem carrying capacity and democratic decentralization. This article was prepared using a normative legal research methodology in which a statutory and conceptual approach is used. Then, secondary sources of legal material were analyzed and qualified to be narrowed down to answer existing juridical problems. The results show that the rights and roles of indigenous peoples in managing their customary forests are still minimal. Customary forest management centered on the central government and prioritized a sectoral approach can have implications for exploitation that ignores the interests of conserva-tion and sustainability of customary forest natural resources.
Cyber Warfare: National Security In Dealing With Changing Method of War Maskun Maskun; Azhar Risaldy Rum
Kanun Jurnal Ilmu Hukum Vol 23, No 3 (2021): Vol. 23, No. 3, December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i3.22371

Abstract

The purpose of this research is to identify cyber warfare as a model of War, its position in the perspective of international law, and the steps taken by the state in minimizing losses arising from cyber warfare. This research is normative research using conceptual and statute approaches to answer the problems in this research. The analysis used is content analysis. The study results indicate a need for a common understanding of cyber warfare as a new model of war agreed upon by countries in practice. Normative cyber warfare in international law has to be applied universally. The periodic simulations of cyber defense and artificial intelligence are needed in minimizing the losses caused by cyber warfare. The recommendation is to formulate a definition of cyber warfare universally agreed upon and the state's agreement on the meaning of cyber warfare in international law perspectives.
The Challenges in Establishing a Participatory Qanun of Gampong Sulaiman Sulaiman; T. Muttaqin Mansur; M. Adli Abdullah; Nellyana Roesa; Lia Sautunnida
Kanun Jurnal Ilmu Hukum Vol 23, No 3 (2021): Vol. 23, No. 3, December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i3.22811

Abstract

This article aims to analyze the challenges of establishing a participatory qanun of gampong. This research was conducted in the village under Syiah Kuala University supervision, Ingin Jaya sub-district, Aceh Besar. This study examined into legal resources, particularly qanuns, in order to analyze the participatory law-making process. The substitution of Aceh Besar Qanun Number 11 Year 2009 with Aceh Besar Qanun Number 2 Year 2020 has caused several legal issues, especially with regard to the supervision of gampong qanuns, which are no longer have a legal basis. Starting with the concept of legal development, replenishment is essential. Due to the lack of rules that act as guidelines, the process of establishing qanuns of gampong has become more complicated. The main reason is that participatory processes are hard to accomplish. It is advised to the Aceh Besar District Government to draft recommendations for the drafting qanun of gampong as soon as possible as a form of guidance for the gampong government. This guidance will also substantially help the gampong government's efforts in preparing numerous requirements for qanuns of gampong.

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