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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 24, No 2 (2022): Vol. 24, No. 2, August 2022" : 10 Documents clear
EFFECTIVENESS AND SUPERVISION OF PARTICIPATING INTEREST BY THE BPMA: A LEGAL ANALYSIS Wahyudi Wahyudi
Kanun Jurnal Ilmu Hukum Vol 24, No 2 (2022): Vol. 24, No. 2, August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i2.28237

Abstract

Participating Interest policy (PI) is a new policy in oil and gas working areas; however, the implementation is not optimal. So there needs to be a study on effectiveness and supervision. This paper aims to discuss the formulation of the problem of the effectiveness of the implementation of PI and supervision by the Aceh Oil and Gas Management Agency (BPMA). This is a pure legal research meaning that it only requires data from relevant laws and analyses them  descriptively. The Regulation of the Minister of Energy and Mineral Resources Number 37 of 2016 concerning Provisions for Offering 10% of PI in Oil and Gas Working Areas is an implementing regulation. In addition, the Contractors’ Cooperation Contract is required to offer PI to regions. However, there is no  sanction for ignoring it which causes ineffectiveness. The Supreme Audit Agency reveals that Aceh had not yet received PIs from several working areas although the BPMA is entitled to do supervision.
THE URGENCY FOR THE ESTABLISHING A VICTIM TRUST FUND IN SEXUAL VIOLENCE CRIMES IN INDONESIA Beniharmoni Harefa; Salma Agustina
Kanun Jurnal Ilmu Hukum Vol 24, No 2 (2022): Vol. 24, No. 2, August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i2.35645

Abstract

This article aims to examine the importance of the Victim Trust Fund in handling criminal cases of sexual violence in the Indonesian criminal law system and its comparison to the Victim Trust Fund in the United States. This article uses  a normative juridical research with a statutory,  a conceptual  and a comparative approach. The position of victims in the Victim Trust Fund is very important for the criminal justice system in Indonesia because it creates a firm and a binding justice. The Victim Trust Fund is a compensation system in Indonesia apart from restitution and compensation where it is necessary to establish a victim assistance fund management institution to be able to manage the funds allocated to victims.
THE ROLE OF THE NOTARY IN MAKING AUTHENTIC DEED ON THE CHANGE OF NAME IDENTITY R. Juli Moertiono
Kanun Jurnal Ilmu Hukum Vol 24, No 2 (2022): Vol. 24, No. 2, August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i2.35238

Abstract

Notaries, in carrying out their functions, are required to recognize the person presence in order to prevent falsification of identity, so the principle of caution is needed. The issue of name changes, identity, and the role of the Notary in making authentic deeds need to be studied from a legal perspective. The research method used is normative. Meanwhile, data collection tools were carried out using data collection tools, namely: 1) literature study, and 2) documentary study.  Collecting secondary data related to the problems raised, by studying books, legal journals, research results and statutory regulatory documents. The research results show that there is a role for the Notary in making authentic deeds regarding name identity changes. In this way, it can provide legal certainty for someone who applies for a change in name identity for some reasons. Notary should be more caution in ensuring the validity of identity in making a deed.
THE GENERAL ELECTION OF WALI NANGGROE OF ACEH WITHIN REGIONAL HEAD ELECTION REGIME Zulfiani Zulfiani; Fatimah Fatimah; Muhammad Ridwansyah
Kanun Jurnal Ilmu Hukum Vol 24, No 2 (2022): Vol. 24, No. 2, August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i2.27721

Abstract

The objectives of this research are to examine how Article 70 paragraph (1) of Aceh Qanun Number 8, 2012 stipulates the formation of the Wali Nanggroe Election Commission through a process of deliberation and consensus, following democratic principles. and to analyze the characteristics of an ideal Wali Nanggroe Aceh election system, as it pertains to the Regional Head Election Regime. The research methodology employed in this study is normative legal research, utilizing a qualitative approach. The provision stated in Article 96 paragraph (4) of the aforementioned law serves as a safeguard for the distinctiveness and prerogatives of Aceh, as well as the electoral process for the position of Wali Nanggroe Aceh, which aligns with the principles outlined in Article 18B paragraph (1) of the 1945 Constitution. The findings are the selection process for the period of office of Wali Nanggroe should adhere to a pattern of specificity and privilege, while still respecting the principles underlying the establishment of the Wali Nanggroe position, even within the framework of the regional head regime. The regionalization of Wali Nanggroe's tenure should be implemented alongside respected leaders of society in Aceh, to provide a comprehensive and systematic accommodation of all segments of the Acehnese society.
THE RESPONSIBILITY OF THE LAND TRANSPORTATION COMPANY TOWARDS PASSENGER’S AGGRIEVEMENT DUE TO DELAYS Rizky Aulia Fitri; Darmawan Darmawan; Teuku Saiful
Kanun Jurnal Ilmu Hukum Vol 24, No 2 (2022): Vol. 24, No. 2, August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i2.28166

Abstract

This article examines the liability of land transportation providers for passengers' annoyance resulting from delays. Article 186 of the Traffic Law and Transportation Code obligated every public vehicle to transport passengers following an agreement. In reality, however, there were still businesses that were not meeting their obligations. The purpose of this study was to explain the causes of the delay and the company's liability as a result of the delay. This study employed empirical legal research methods and a sociological law perspective. The study revealed that the terminal operator's management of services was suboptimal, the drivers were unprofessional, the vehicle's engine malfunctioned, and passengers were picked up outside the terminal, but the land transportation companies that caused the delay were not responsible for their passengers and did not offer compensation. This case required the Service Unit Coordinator of the Bus Station in Banda Aceh to be resolute in following up on the Land Transportation Management Center's warnings to revoke the permits of irresponsible companies toward passengers due to their negligence.
A STUDY ON THE UNLAWFUL ACT IN SUBSIDIZED FERTILIZER SALES IN BLANG PIDIE Wardah Wardah; Haikal Maulidy; Muhammad Insa Ansari
Kanun Jurnal Ilmu Hukum Vol 24, No 2 (2022): Vol. 24, No. 2, August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i2.22491

Abstract

Article 1365 of the Indonesian Civil Code states that a tort is an agreement resulted from the law due to a legal violation. In subsidized fertilizer sales, a tort has been committed by business owners who sold the product beyond its price ceiling in Blang Pidie subdistrict, Aceh Barat Daya District. This legal violation has resulted in customer shortfall. The objective of this study was to explain the factors motivating the business owners to sell the subsidized fertilizer beyond its price ceiling, the legal effect of their legal violation, and government efforts to minimize the violation. This research falls under the empirical legal study, and the data were collected using library research and interview with respondents. The collected data were analyzed using the qualitative data analysis method. Based on the research result, the tort was committed for higher profit generation, prepaid income, limited supply, customer ignorance of price ceiling policy, transportation expenses. The legal effect of the unlawful act was that the business owners were obliged to compensate the customers. The government issued a warning to the subsidized fertilizer distributors or terminated their contract with an obligation to compensate the customers.
THE PROTECTION POLICY OF THE HYDROLOGICAL UNITY OF PEAT LANDS IN RIAU PROVINCE, INDONESIA Febri Yuliani; Zulkarnaini Zulkarnaini; Saktioto Saktioto; Abdul Sadad
Kanun Jurnal Ilmu Hukum Vol 24, No 2 (2022): Vol. 24, No. 2, August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i2.35392

Abstract

This article examines the policies aimed at protecting peat ecosystems in Indonesia and identifies gaps or challenges in controlling forest and land fires (karhutla), particularly concerning the preservation of the Hydrological Unity Policy in Riau Province, Indonesia. The peat ecosystem is a cohesive entity that encompasses various elements, influencing each other to maintain balance, stability, and productivity. The Hydrological Unity of Peat (KHG) refers to the peat ecosystem situated between rivers, between rivers and seas, and/or within swamps. The Peat Ecosystem serves multiple functions, including safeguarding water availability, conserving biodiversity, storing carbon as oxygen producers, and contributing to climate regulation. These functions are categorized into protected and cultivation functions. However, rapid development has exerted significant pressure on preserving the KHG. This study emphasizes the need for comprehensive support from all sectors of society and active community participation to effectively reduce the risk of forest and land fires.
LAW ENFORCEMENT AGAINST THE CRIME OF BURNING PEAT LANDS IN RIAU PROVINCE Mohd. Yusuf DM; M. Fadli Daeng Yusuf; Siti Yulia Makkininnawa YD; Zulkarnaini Zulkarnaini; Mimin Sundari Nasution
Kanun Jurnal Ilmu Hukum Vol 24, No 2 (2022): Vol. 24, No. 2, August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i2.35166

Abstract

This article discusses aspects of law enforcement related to the criminal act of burning peatlands in Riau Province. The main focus is on law enforcement efforts carried out against environmental crimes, especially those related to peatland burning. Using the case of peatland burning in Riau Province as an example, this article presents an overview of the challenges and steps that can be taken in law enforcement against this serious environmental crime. The discussion involved the role of law enforcement agencies, existing regulations, obstacles in the law enforcement process, as well as strategies to increase prosecution for these violations. The research results show that law enforcement on the criminal act of burning peatlands is necessary to reduce the occurrence of peatland fires caused by human actions. Law enforcement regarding this issue is the main concern, with various aspects such as the role of law enforcement officers, cross-sectoral cooperation, and obstacles experienced in the law enforcement process being the main focus of discussion. Law enforcement against criminal acts of land burning in Riau does not seem to be running optimally.
LEGAL PROTECTION OF COMMUNAL INTELLECTUAL PROPERTY IN INDONESIA Ismail Koto; Ida Hanifah; Surya Perdana
Kanun Jurnal Ilmu Hukum Vol 24, No 2 (2022): Vol. 24, No. 2, August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i2.35673

Abstract

Intellectual property protection contributes significantly to national and international economic development. Indonesia as a developing country must be able to take appropriate steps to anticipate all changes and developments as well as global trends so that national goals can be achieved. Protection for communal intellectual property is one way to reduce the practice of biopiracy, while ensuring fairness and equal treatment between owners and users of communal intellectual property. There are at least three important ways that must be considered:  First, documentation of communal intellectual property is carried out through database development; Second, there is an obligation to fulfill the requirements for Communal intellectual property for which legal protection will be applied for, whether it has been in force or has been determined. Third, the owners of intellectual property rights, must show proof of approval for the use, distribution of ownership, or profit sharing from the owner of the communal intellectual property.
MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION: CUSTOMARY LAW PERSPECTIVE Taufik Siregar; Anwar Sadat Harap; Ikhsan Lubis
Kanun Jurnal Ilmu Hukum Vol 24, No 2 (2022): Vol. 24, No. 2, August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i2.26532

Abstract

The goal of this research is to describe mediation as an alternative technique of conflict settlement under customary law, in both criminal and civil matters. Dispute resolution processes based on customary law play an important role in decreasing litigation. Mediation is a cornerstone of traditional law-based dispute settlement. This study uses descriptive qualitative research to better understand the phenomenon of mediation as an alternative form of conflict settlement under customary law. The data was gathered through a literature review and document analysis. The technique of data analysis employed in this study was a qualitative descriptive technique based on Miles and Huberman's interactive model. The findings reveal that mediation aids indigenous people in three ways: (i) maintaining ownership of conflicts; (ii) utilizing parts of customary law and practice; and (iii) finding a solution that is consistent with their cultural values. Furthermore, it appears that in traditional civilizations, mediators strive to guarantee that "peace and harmony prevail in society" because of the agreement. As a result, people who still adhere to customary law may employ customary law mediation as an alternate means of settling problems

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