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M.Ya’kub Aiyub Kadir
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kanun.jih@usk.ac.id
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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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Kab. aceh besar,
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INDONESIA
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 12 Documents
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Search results for , issue "Vol 26, No 1: April 2024: Islam and Human Rights: National and Global Perspective" : 12 Documents clear
HOST STATE CONTROLS VS. FOREIGN INVESTMENT PROTECTION: INDIGENOUS PEOPLE RIGHTS ON REMPANG ISLAND, INDONESIA Halim, Abdul
Kanun Jurnal Ilmu Hukum Vol 26, No 1: April 2024: Islam and Human Rights: National and Global Perspective
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i1.32742

Abstract

The enactment of national Law No. 25 of 2007 on Investment is carried out in the framework of uplift the initiation of a favorable domestic business condition for investment to reinforce the competitiveness of the domestic economy and advance investment; while the right of indigenous has been marginalized. The recent case of conflict between the government investment policy and the Indeginous people under the Rempang Eco City project in Batam is remain contentious. This article utilized the normative approaches to investigate this issue, and Rempang case become a context to investigate. Resolving land tenure conflicts between the local community and BP Batam must begin with tracing the history of the land through history, cultural heritage, natural physical signs, recognition and testimony from residents and traditional institutions. Protecting foreign investors must also take care of indeginous people rights surrounding it.
THE ENFORCEABILITY AND EFFECTIVENESS OF ANTI-CORRUPTION LAWS IN REDUCING CORRUPTION CASES IN INDONESIA Kesuma, Derry Angling; Nasir Uddin, Mohammed
Kanun Jurnal Ilmu Hukum Vol 26, No 1: April 2024: Islam and Human Rights: National and Global Perspective
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i1.35600

Abstract

The role of the legal system, particularly through the Anti-Corruption Commission (KPK) and other law enforcement agencies in Indonesia, is pivotal in addressing high-profile corruption cases. However, these efforts have been impeded by factors such as political interference, resource limitations, and a lack of anti-corruption culture, posing challenges for the future. This article employs a normative legal research methodology, utilizing statutory and conceptual frameworks. Data collection involved a thorough literature review of relevant laws and regulations related to anti-corruption issues. In this context, the collaboration between the legal system and civil society emerges as a synergistic force in establishing a robust anti-corruption ecosystem. Emphasizing preventive measures like asset declarations and conflict-of-interest regulations offers valuable insights into the proactive role the legal system can assume in averting corruption before it spreads.
INDONESIAN MIGRANT WORKERS (IMW) AND HUMAN TRAFFICKING: PERSPECTIVES FROM ISLAMIC AND HUMAN RIGHTS STANDPOINTS Kusumawati, Mustika Prabaningrum
Kanun Jurnal Ilmu Hukum Vol 26, No 1: April 2024: Islam and Human Rights: National and Global Perspective
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i1.37153

Abstract

Indonesian migrant workers (IMW) serve as a stark representation of female poverty in Indonesia. Despite the constitutional guarantees outlined in Article 27 of the 1945 Constitution, which ensure employment opportunities both domestically and internationally, many IMW find themselves ensnared in the web of human trafficking. This article delves into this pressing issue through the dual lenses of Islamic teachings and human rights principles. Employing a normative legal research methodology with a statutory approach, a comparative analysis was conducted to evaluate the regulatory frameworks concerning IMW and human trafficking. Both Islam and human rights frameworks underscore the gravity of human trafficking, emphasizing the government's duty to prioritize domestic employment opportunities for women to safeguard their livelihoods. The eradication of human trafficking hinges on four key pillars: prevention, prosecution, protection, and partnership. Enhanced efforts are imperative to create suitable employment opportunities for IMW, particularly women, aligning with Islamic teachings and upholding global and national human rights standards for women's protection.
COMPATIBILITY OF LAW ENFORCEMENT AND HUMAN RIGHTS WITHIN ISLAMIC LAW IN ACEH PROVINCE, INDONESIA Gani, Iskandar A.
Kanun Jurnal Ilmu Hukum Vol 26, No 1: April 2024: Islam and Human Rights: National and Global Perspective
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i1.36815

Abstract

Since the enactment of Act Number 11 of 2006 on the Governance of Aceh, the region has undergone decentralization, becoming an asymmetrical area with unique authority, particularly in the realm of Islamic Law. The implementation of Islamic law in Aceh has encountered obstacles and sparked debates among scholars. This article delves into the enforcement of Islamic laws and their relationship with human rights within the context of Aceh Province. Through doctrinal legal research, it is demonstrated that the enforcement of Sharia Law in Aceh upholds human rights principles. The justification for Islamic Sharia law is rooted in the Indonesian Constitution of 1945, provided that Qanuns (sub-national regulations) at the provincial or regional level align with higher laws hierarchically. Any discrepancies in implementation necessitate a reevaluation. The 1945 Constitution grants Aceh the authority to uphold Islamic law while promoting, respecting, and fulfilling human rights. The harmonization of human rights and Islamic Law is crucial for mutual reinforcement and justice-seeking in Aceh Province, Indonesia.
MERGER OF INDONESIAN ISLAMIC BANKS: BUSINESS COMPETITION LAW AND PROTECTION OF CUSTOMERS RIGHTS Romlah, Siti; Amin, Muhammad; Hasanah, Nur
Kanun Jurnal Ilmu Hukum Vol 26, No 1: April 2024: Islam and Human Rights: National and Global Perspective
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i1.35649

Abstract

The merger of three Islamic banks into BSI has ignited discussions on monopolistic practices and unfair business competition. Some argue that BSI's merger breaches business competition law, specifically Law No. 5 of 1999, due to its control of over 50% of the market share of Islamic commercial banks. However, this argument lacks clarity on the determination of the relevant market, a crucial factor for assessing market dominance and potential monopolistic behavior. This article delves into the BSI merger process, analyzing market share within the defined market as outlined in Law No. 5 of 1999 and its associated regulations. Furthermore, it explores customer protection measures during the merger. The findings indicate that BSI's actions within the relevant market do not exhibit signs of monopolistic practices or unlawful business combinations prohibited by Law No. 5 of 1999. BSI has adhered to all regulatory requirements, ensuring customer protection throughout the merger process.
ISLAMIC LAW AND LOCAL WISDOM: EXPLORING LEGAL SCIENTIFIC POTENTIAL IN INTEGRATING LOCAL CULTURAL VALUES Insani, Nur; B., Sumiyati; Karimullah, Suud Sarim; Gnan, Yavuz; Sulastri, Sulastri
Kanun Jurnal Ilmu Hukum Vol 26, No 1: April 2024: Islam and Human Rights: National and Global Perspective
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i1.32930

Abstract

This study provides a richer and more holistic view of how Islamic law and local cultural values can be integrated effectively and harmoniously in regulating the lives of heterogeneous Muslim communities. The research method adopted in this study is library research with an integrative and comprehensive literature analysis approach to identify concepts, theories, techniques, and findings that have been put forward by previous researchers regarding the relationship between Islamic law and local wisdom by looking for patterns, similarities, differences, and trends that emerge from the analyzed literature. The results show that Islamic law, through its flexible conceptual framework, facilitates the integration of local cultural values into legal practice, maintaining its relevance in diverse social and cultural contexts. This integration process not only strengthens local cultural identity in the face of globalization but also supports social harmony by defusing cultural conflicts and strengthening community coherence. Furthermore, it creates an inclusive and fair legal system, recognizing and respecting individual diversity. This integration contributes to knowledge development by demonstrating how laws adaptive to cultural contexts can support sustainability and social justice in heterogeneous societies.
THE CONCEPT AND IMPLEMENTATION OF SUBSTITUTE HEIRS AT THE SHARIA COURT OF ACEH PROVINCE, INDONESIA Yunus, Ilyas; Rani, Faisal A.; Mahfud, Mahfud; Muzakkir, Muzakkir
Kanun Jurnal Ilmu Hukum Vol 26, No 1: April 2024: Islam and Human Rights: National and Global Perspective
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i1.31877

Abstract

The Quran and Hadiths specify rightful recipients of Zawil Furudl inheritance, creating a loophole for substitute heirs. Islamic scholars debate the concept of successor inheritance. This study explores substitute heirs and their status as alternate beneficiaries in Aceh's Sharia Court. The Aceh community rejects substitute heirs due to classical philosophy requiring the successor to be alive at the original heir's death. Despite not being present in fiqh and adat literature, substitute heirs are recognized in the Shariah Court under Article 185 of the Indonesian Compilation of Islamic Law. This recognition aligns with the objectives of Islamic law for justice and benefit. Legal pluralism allows for this practice, emphasizing harmonization between legal systems
HALAL INVESTMENT AND TOURISM POLICY IN ACEH PROVINCE, INDONESIA: OPPORTUNITIES AND CHALLENGES Ardiyansyah, Amzar; Hanifah, Ida; Nadirah, Ida
Kanun Jurnal Ilmu Hukum Vol 26, No 1: April 2024: Islam and Human Rights: National and Global Perspective
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i1.36136

Abstract

The Government of Aceh holds the authority to implement halal investment and tourism policies as outlined in Article 25 of Qanun Number 8 of 2013 on Tourism, in conjunction with Article 165 of Law Number 11 of the Aceh Government, which allows for domestic and foreign investment in tourist attraction businesses. However, this authority has not been fully utilized, leading to a negative impact on poverty rates in Aceh. This article employs a normative juridical method, utilizing library research and collecting primary, secondary, and tertiary materials to analyze laws and regulations qualitatively. The current implementation of halal tourism and investment policies in Aceh has not effectively addressed poverty alleviation. Halal tourism is not solely market-driven but also community-driven. Challenges to the implementation of halal tourism include internal factors such as natural disasters, political instability, and institutional management issues, as well as external factors like Islamophobia and marketing perceptions. To address these challenges, the Government of Aceh should establish national and international cooperation programs and strategies to promote the potential of halal tourism. Additionally, a dedicated qanun related to halal investment and tourism should be developed to support these efforts.
ASSESSING FREEDOM OF RELIGION PRACTICES: A COMPARATIVE ANALYSIS OF HIJAB BANS IN FRANCE AND COMPULSORY HIJAB IN IRAN AND ACEH, INDONESIA Oktavian, Zalza Mayu; Batasyam, Saifuddin
Kanun Jurnal Ilmu Hukum Vol 26, No 1: April 2024: Islam and Human Rights: National and Global Perspective
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i1.34174

Abstract

This article examines the freedom of religion practices in relation to hijab bans in France under Law No. 2010-199, compulsory hijab in Iran as per the Islamic Penal Code of Iran 1991, and in Aceh province, Indonesia governed by Aceh Government Law (Qanun). The article adopts a juridical-normative approach with a comparative analysis. The findings indicate that the enforcement of compulsory hijab in Aceh, Indonesia aligns with freedom of religion, making it a suitable model for such regulations. Conversely, the French and Iranian governments have faced challenges in addressing discrimination stemming from their respective regulations, thereby violating Article 18 of the Universal Declaration of Human Rights (UDHR) 1948 and the International Covenant on Civil and Political Rights (ICCPR) 1976, as well as Islamic principles and the Maqasid Shariah. The study recommends that the governments of France and Iran reassess their policies on hijab bans and compulsory hijab in accordance with international human rights standards, Islamic values, and the principles of Maqasid Shariah.
PUNISHMENT FOR INDIVIDUALS COMMITTING SEXUAL CRIMES AGAINST CHILDREN: A COMPARATIVE ANALYSIS OF POSITIVE AND TRADITIONAL CRIMINAL LAW IN INDONESIA Wahyuni, Fitri; Irawan, Aris; Ayu, Riana Kesuma
Kanun Jurnal Ilmu Hukum Vol 26, No 1: April 2024: Islam and Human Rights: National and Global Perspective
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i1.20906

Abstract

The current punishment for sexual crimes against children, limited to imprisonment, is deemed ineffective in deterring perpetrators. This article delves into this issue through the lens of positive and customary criminal law. Employing a doctrinal method and drawing from various legal sources, the article reveals that the existing punishment under the Indonesian Criminal Code and Child Protection Laws fails to significantly reduce the incidence of such crimes. As a potential solution, traditional law could serve as supplementary punishment, involving corporal punishment or fines payable to the state treasury. This suggests that customary law could complement judicial sanctions. However, the implementation of such additional measures warrants evaluation to address other environmental factors that may contribute to these crimes.

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