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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 11 Documents
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Search results for , issue "Vol 24, No 1 (2022): Vol. 24, No. 1, April 2022" : 11 Documents clear
CRIMINAL RESPONSIBILITY FOR PEDOPHILIA UNDER GENERAL, TRADITIONAL AND ISLAMIC LAWS Fitri Wahyuni; M. Rizqi Azmi; Riana Kesuma Ayu; Herdiansyah Herdiansyah
Kanun Jurnal Ilmu Hukum Vol 24, No 1 (2022): Vol. 24, No. 1, April 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i1.36346

Abstract

Pedophiles often engage in sexual interactions with underage children, whether it's "homosexual pedophilia," or "heterosexual pedophilia." This paper examines the criminal culpability of pedophiles in common law, Islamic law, and customary law. Normative legal writing research uses descriptive research methods. The writing uses the Legislative Approach for statutory interpretation, the Legal Concept Analysis Approach for analytical and conceptual analysis, and the Comparative Approach for legal system comparison. This work uses secondary library research data. This research uses descriptive and qualitative data analysis. This study suggests that pedophiles are criminally liable under the legal principle of criminal liability. They are not mentally sick or disabled, which exempts them from criminal culpability under Article 44 of the Criminal Code. Social offenses like pedophilia are sensitive because they affect human dignity. In Al-Isra' 32, Allah SWT says, "And do not come near to adultery; indeed, it is a shameful act and an evil way." Islam condemns all sexual deviance and its connected activities. Al-Israa verse 32. The two varieties of pedophilia are heterosexual, which favors females, and gay, which prefers boys through anal or vaginal penetration (3). A society's culture includes customary law. Customary law is created by the community and can be identified. Law is a habitual standard established deliberately. Customary criminal law, based on social cohesiveness and communal norms, may violate legality. Customary criminal law must have prospective orientation, restorative justice, inherent criminality, and integration in law formation and enforcement
SUSTAINABILITY ANALYSIS OF TRADITIONAL CAPTURE FISHERIES BASED ON LOCAL WISDOM AT LHOK KUALA GIGIENG, ACEH BESAR, INDONESIA Makwiyah A. Chaliluddin; Nida Khafiyya; Thaib Rizwan; Djamali Rianjuanda; Muklis Muklis; Bustami Bustami; Sophia Listriani
Kanun Jurnal Ilmu Hukum Vol 24, No 1 (2022): Vol. 24, No. 1, April 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i1.26659

Abstract

This research focuses on the sustainability analysis of capture fisheries based on local wisdom in Lhok Kuala Gigieng. This study aims to analyze the sustainability status of capture fisheries and determine the factors that influence the sustainability of capture fisheries in Lhok Kuala Gigieng. The method used in this study is a descriptive method with survey techniques in data collection through questionnaires. The RAPFISH analysis uses four dimensions: ecological, economic, social, and institutional. This study indicates that the sustainability index score for the ecological dimension is in a good category, and the economic dimension of the sustainability index is in the medium category. Furthermore, it also shows that the social dimension of the sustainability index is in a good category, and the institutional dimension of the sustainability index is in a good category. 
LAND ACQUISITION FOR PUBLIC INTERESTS DEVELOPMENT: A HUMAN RIGHTS REVIEW M. Hadyan Yunhas Purba; Siti Nurahmi Nasution; Eva Syahfitri Nasution
Kanun Jurnal Ilmu Hukum Vol 24, No 1 (2022): Vol. 24, No. 1, April 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i1.26760

Abstract

 Law Number 2 of 2012 states that the acquisition of land for public interests must be accompanied by adequate and fair compensation, as well as the protection and respect of human rights. However, the construction of the Tebing-Tinggi - Kuala Tanjung Toll Road in Sipare-pare and Pasar Lapan Villages, Air Putih Subdistrict, Batu Bara Regency, Indonesia, exemplifies how compensation is frequently unfair. This study seeks to determine the suitability of implementing land acquisition using current laws and regulations. The primary data is gathered through interviews with landowners and the Regional Office of the National Land Agency of the Province of North Sumatra. While secondary data are gathered via literature and legal research. The results revealed that the provided compensation did not meet the requirements of Law No. 2/2012, prompting the public to file an objection with the Kisaran District Court.
LAW ENFORCEMENT OF PETROLEUM EXPLOITATION IN THE BATANG HARI DISTRICT THAT IS WITHOUT A COOPERATION CONTRACT M. Nanda Setiawan
Kanun Jurnal Ilmu Hukum Vol 24, No 1 (2022): Vol. 24, No. 1, April 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i1.26761

Abstract

 The community in Batang Hari Regency exploits petroleum without a cooperation contract by drilling a well and then taking the oil contained in the well. This is one of the issues arising from oil and gas mining in Indonesia. This study aims to determine how law enforcement can be used to combat illegal petroleum extraction in Batang Hari Regency. This research employed a descriptive-analytical research design and an empirical legal methodology. According to research findings, the Batang Hari Police in the Batang Hari District implements preventative and punitive law enforcement measures that are quite effective at reducing the number of annual cases. Without a cooperation agreement, these actions target illegal petroleum exploitation. The law in Batang Hari Regency prohibits the exploitation of petroleum without a cooperation contract, which includes difficulty to access sites of illicit oil wells and the participation of individuals.
CAPITAL INVESTMENT: A CASE STUDY OF ACEH PROVINCE, INDONESIA Abdul Hakim; Gemala Dewi
Kanun Jurnal Ilmu Hukum Vol 24, No 1 (2022): Vol. 24, No. 1, April 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i1.26806

Abstract

 The capital investment in Aceh between 2010 and 2017 happens after the conflict and tsunami. Management of capital investment, its growth, and factors inhibiting capital investment after conflict and disaster are the focal points of this study. The purpose of this research is to determine how foreign investors in Aceh are protected under Law Number 25, 2007 and what types of security factors are present in Aceh. This research consisted of normative legal or library research. As normative legal research, only secondary data, which includes primary, secondary, and tertiary legal materials, were utilized. Based on the analysis, the Province of Aceh's management capital investment consisted of management governed by legislation governing Aceh's governance and legislation governing capital investment. In addition, the regional government of Aceh stipulated legislation governing capital investments. The growth of capital investment, both domestic and foreign, exhibited an increase, although it was not statistically significant. This slow growth was caused by security insurance, inadequate infrastructure, and the lack of legal certainty in conflict, earthquake, and tsunami-affected regions.
ENHANCING THE LEGALITY OF SEX EDUCATION TO SAFEGUARD INDONESIAN CHILDREN FROM SEXUAL VIOLENCE Nursariani Simatupang; Faisal Faisal
Kanun Jurnal Ilmu Hukum Vol 24, No 1 (2022): Vol. 24, No. 1, April 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i1.36452

Abstract

Sexual violence against children is an abhorrent act that profoundly impacts their growth and development. To address this issue, the government has a responsibility to educate teenagers about sexual education, as outlined in article 136-137 of Law (UU) Number 36 of 2009, which focuses on Adolescent Health. However, despite these efforts, the prevalence of sexual violence continues to rise. One contributing factor is believed to be the lack of comprehensive sex education for children at an early age. Therefore, it is crucial to provide age-appropriate sex education to children, tailored to their developmental stage. This education aims to empower children to recognize and prevent acts of sexual violence. It includes teaching children about the importance of safeguarding and protecting their private body parts, establishing boundaries, and equipping them with procedures to protect their body and dignity. By implementing such measures, we can strive to create a safer environment for children and reduce the occurrence of sexual violence.
CUSTOMARY APPROACH AND RULE OF LAW BY PANGLIMA LAOT IN RESOLVING FISHERMEN'S DISPUTE IN ACEH Muhammad Nasir; Hasan Basri; Ferdy Saputra
Kanun Jurnal Ilmu Hukum Vol 24, No 1 (2022): Vol. 24, No. 1, April 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i1.26758

Abstract

This research aims to examine the effectiveness of Panglima Laot's institution authority in the maritim area to resolve sea disputes and to find an ideal dispute resolution model to be used. This research uses qualitative method by sociological juridical approach in the form of descriptive analytical. The Panglima laot's authority in an effort to assist the government in resolving maritime disputes is a formal authority granted by a law which is attributively regulated in Article 28 of Qanun Aceh Number 10 of 2008 concerning Customary Institutions. However, when dealing with certain cases between fishermen where the regulation is not very clear in the Qanun, Panglima Laot seeks to resolve cases by using traditional approaches, religious values, propriety, a sense of justice and human conscience. Therefore, Panglima Laot needs detailed and written instructions for carrying out tasks in the form of Government Regulations or Qanuns. Including dealing with refugees who come from abroad.  
STATE’S AUTHORITY IN PROSECUTING ILLEGAL GOODS DISTRIBUTORS Agung Rahmatullah
Kanun Jurnal Ilmu Hukum Vol 24, No 1 (2022): Vol. 24, No. 1, April 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i1.27033

Abstract

This study aims to identify the types of state losses associated with the circulation of goods without a distribution permit and the state's authority to demand the return of state losses from dealers of goods without a distribution license. This is normative legal research based on the application of legal principles to the analysis of existing problems, legal analysis, and literature review. The results indicate that the circulation of various types of goods products without distribution permits causes losses, including harming the production and consumption of domestic goods products that already have a distribution license, which causes losses in the economic sector, decreased Non-Tax State Revenues from management, and disruption of public safety and health due to consumer goods without a distribution permit. Criminal law enforcement and Law Number 18, 2012, are the means for prosecuting vendors of goods without distribution permits.
ACCOUNTABILITY OF THE REGIONAL HOUSE OF REPRESENTATIVES (DPRK) IN DEVELOPMENT OF LOCAL LEGISLATION PROGRAM Ansarullah Ansarullah; Eddy Purnama; efendi efendi
Kanun Jurnal Ilmu Hukum Vol 24, No 1 (2022): Vol. 24, No. 1, April 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i1.26759

Abstract

This study aims to analyse and final the ideal legal design of the accountability concept to legislative organ in particular Regional House of Representatives (DPRK). One of The authority of DPRK is stated in Article 24 paragraph (1) of Law Number 11 of 2006 on the Government of Aceh states that: "DPRK has the duty and authority to form district/city qanuns which are discussed with the regents/mayors for mutual approval". In that law, that has not been formulated specific forms of accountability of the legislative organ. In genuine, when the DPRK has not carried out its duties and functions effectively in the field of legislation, there has no legal consequences can be given. This research uses normative legal research with statutory and conceptual approach. The outcomes of this study indicate that, the concept of legislative accountability relates to two aspects, that is political and managerial accountability. This accountability should have electoral implications on the performance of the DPRK in carrying out its functions in the field of legislation. The implementation of legislative accountability on the performance of DPRK in the field of legislation has legal and political consequences. 
RESOLVING LAND TENURE CONFLICT ARISING FROM UNAUTHORIZED LAND USE CRIMES IN INDONESIA Sahari, Alpi
Kanun Jurnal Ilmu Hukum Vol 24, No 1 (2022): Vol. 24, No. 1, April 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i1.36570

Abstract

Land tenure conflict arising from unauthorized land use crimes is a significant aspect of Indonesia's agricultural reform era. Such conflicts have been observed in various regions of the country, indicating a pattern of managing property without the consent of the rightful owner or their representative. However, there is a lack of public understanding regarding the specific elements of criminal activity that fall under the broad term "grabber," which encompasses property-related crimes. This article used a normative approach to look at the issue of the law on unauthorized land use crime in community. This issue becomes particularly contentious in cases involving Plantation Use Right (HGU) land, where individuals without proper rights attempt to assert control. When the HGU expires, it often reveals that the state is the rightful owner, leading to the criminal classification of "acquiring land without a legal permit or representative" and qualifying as a "misappropriation of land rights" under criminal law. To prevent such crimes in the future, it is crucial for the government to demonstrate a strong commitment to law enforcement and educate the community on this matter.

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