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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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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 487 Documents
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ENHANCING SOCIAL SECURITY AMID ARMED CONFLICT: TOWARD LEGAL PROTECTIONS FOR WORKERS FACING EMPLOYMENT LOSS Amriyati, Amriyati; Nurbaiti, Siti; Permanasari, Arlina; Artha, Willy
Kanun Jurnal Ilmu Hukum Vol 26, No 2: August 2024: The Global and National Challenges for Justice
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i2.38467

Abstract

The significant impact of armed conflict on social conditions can be mitigated through the establishment of certain preventive measures to protect social security in cases of employment loss resulting from armed conflict. This study focuses on the social conditions arising from armed conflict and the national laws pertaining to worker social security in cases of employment loss, with a specific focus on Ukraine, Israel, Palestine, and Libya. Utilizing a doctrinal and socio-legal methodology, this article aims to provide insights for the development of preventive legal protections for workers facing employment loss in the aftermath of armed conflicts. The study reveals that social conditions are disrupted, leading to many workers losing their jobs without clear access to employment loss benefits due to the lack of legal certainty within national laws during armed conflict situations. Prior to the occurrence of armed conflict, national employment laws should clearly outline the conditions under which benefits can be accessed and how these benefits can be provided to affected workers, either within the conflict zone or in neighboring unaffected countries through institutional cooperation.
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.
OVERCOMING DUALISM: THE IMPORTANCE OF CONSOLIDATING LAW AND REGULATION TESTING IN INDONESIA Wardana, Dodi Jaya
Kanun Jurnal Ilmu Hukum Vol 26, No 2: August 2024: The Global and National Challenges for Justice
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i2.31400

Abstract

This article highlights the significance of unifying the testing of all laws and regulations under the authority of the Constitutional Court in Indonesia. Currently, the testing of laws and regulations is divided between two state institutions, namely the Constitutional Court and the Supreme Court, resulting in dualism in the evaluation of laws and regulations. Through a normative-juridical approach, examining existing laws and theories, this article reveals that the dualism of testing laws and regulations is a problem that needs to be addressed. The problem arises from the differences in decision outcomes between the Constitutional Court and the Supreme Court. The two institutions employ different benchmarks for material testing, with the Supreme Court relying on legislation and the Constitutional Court drawing on the 1945 Constitution of the Republic of Indonesia. The importance of unifying the testing of all laws and regulations lies in the fact that the unintegrated testing system causes confusion, creates institutional conflicts between the Constitutional Court and the Supreme Court, and results in a lack of synchronization between laws and regulations from lowest to highest. Therefore, it is essential to conduct integrated testing of all laws and regulations, with the Constitutional Court serving as the authority responsible for this task. Notably, an increase in the number of Constitutional Court judges is necessary to achieve better development of laws and regulations testing in the future.
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.
OPTIMIZING LAW ENFORCEMENT THROUGH A RESTORATIVE JUSTICE APPROACH FOR POST-PANDEMIC COMMUNITY RECOVERY IN BOJONEGORO REGENCY, INDONESIA Aminatul Mukaromah, Lisa; Anam, Khurul
Kanun Jurnal Ilmu Hukum Vol 26, No 2: August 2024: The Global and National Challenges for Justice
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i2.37438

Abstract

The economic instability following the Covid-19 pandemic has led to a potential increase in criminal activity within society. Addressing this challenge requires innovative approaches to law enforcement. This paper examines the application of restorative justice principles in restoring the economy of the community in Bojonegoro Regency post-pandemic. Utilizing normative-empirical research methods, this study assesses the progressive impact of restorative justice in this context. The findings indicate that restorative justice in Bojonegoro Regency has successfully shifted away from a punitive justice paradigm, leading to positive economic outcomes for the community. However, the lack of supervision remains a critical issue that needs to be addressed to enhance the implementation and further improve the economic recovery process. This case serves as a valuable example for the effective implementation of restorative justice within the Indonesian context.
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.
SPEEDING UP JUSTICE: A CRITICAL ANALYSIS OF THE PRINCIPLE OF SPEEDY, SIMPLE, AND LOW-COST TRIALS IN INDONESIAN CORRUPTION CASES Ridwan, Ridwan; Mega Jaya, Belardo Prasetya; Jaya, Arizon Mega; Octavian, Ryan
Kanun Jurnal Ilmu Hukum Vol 26, No 2: August 2024: The Global and National Challenges for Justice
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i2.33385

Abstract

This article investigates the issue of delays in law enforcement's implementation of criminal law in corruption cases, particularly in relation to the principles of speedy, simple, and low-cost trials. Utilizing a normative legal method and statutory approach, alongside case studies, the study explores the persistent delays in the Indonesian criminal justice system despite the emphasis on these principles. Delays in the reading of indictments have raised suspicions and potential discrimination in the enforcement of corruption cases. The right of a defendant to a prompt resolution, as outlined in the Criminal Procedure Code aligning with the shift from an inquisitorial to accusatorial principle and human rights development, is highlighted. However, the findings reveal that these principles are not consistently and effectively applied in Indonesia's criminal justice system. Key issues identified include prolonged, complex, and costly law enforcement processes in corruption cases, as well as obstacles hindering the swift and cost-effective resolution of state losses. Discriminatory practices, though not overt, manifest in various stages of the legal process, impeding the realization of fast, simple, and low-cost justice. To address these challenges and ensure fair trials, law enforcement must prioritize ethical and moral considerations in their practices

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