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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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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.
ATTITUDE OF INDONESIAN MUSLIMS TOWARDS PRODUCT BOYCOTT PRO-ISRAEL Analysis Of Fatwas Indonesian Ulema Council (MUI) Number 83 of 2023 Concerning Legal Status of Supporting the Palestinian Struggle Fajri, Ibrahim; Rosyadi, Abdu Rahmat
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.v26i1.36794

Abstract

This study investigates the Indonesian Ulema Council Fatwa Number 83 of 2023 concerning the Legal Status of Supporting the Palestinian Struggle, aiming to evaluate public compliance with the fatwa in boycotting Israeli products and their affiliates. The Indonesian Ulema Council, an independent Islamic organization not affiliated with any political parties or specific Islamic sects, possesses the authority to issue fatwas grounded in Sharia law. Through a qualitative juridical-sociological approach, this study scrutinizes the content and ramifications of these fatwas on the Muslim community in Indonesia. The research concludes that while MUI fatwas carry informal legal significance, their implementation should consider fundamental needs and national economic repercussions. Indonesian Muslims demonstrate diverse reactions to the fatwa, with some adhering to it due to religious beliefs, while others prioritize practical necessities and business concerns over the boycott call. The prevalent support for the fatwa must be considered in the pursuit of justice for Palestinians.
SYARIAH STOCKS: A NORMATIVE ANALYSIS OF ISLAMIC LAW AND INVESTMENT PRACTICES IN INDONESIA Umar, Zulkarnaini; Seruni, Puti Mayang; Falah, Muhammad; Krismen, Yudi
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.v26i2.34321

Abstract

Syariah stocks have recently gained attention in the Islamic community, which relies on Shariah principles to guide investment decisions. Islam emphasizes the importance of profitable investments that benefit all parties involved, while prohibiting investments that involve uncertainty or exploitation. This article provides an overview of the position of stock shares in Islamic law. Using a normative legal research method, this study analyzed the relevant Islamic texts, including the Quran, Hadith, and Fatwas issued by scholars. Syariah stocks are specifically designed to meet the requirements of Islamic law, which emphasizes transparency, fairness, and ethics in financial transactions. The National Sharia Council of the Indonesian Ulama Assembly (DSN MUI) issued a Fatwa No. 80/DSN-MUI/III of 2011, outlining the implementation of Islamic principles in equity securities trading. The Fatwa stipulates that the means of payment must be known in terms of amount and form, whether in the form of money or goods, and that there should be no payment in the form of debt. Additionally, the time and place of delivery must be clearly specified based on the agreement between parties. This type of contract involves multiple parties, including banking institutions, and must be conducted in accordance with Islamic principles. The Fatwa has contributed to clarifying the terms of stock trading under Islamic law, providing a framework for Syariah stocks to operate within the boundaries of Islamic law.
INDONESIA'S SIMULTANEOUS ELECTORAL SYSTEM UNDER HUMAN RIHTS AND DEMOCRACY: CHALLENGES AND OPPORTUNITIES Suparto, Suparto; Ibnususilo, Efendi; Admiral, Admiral; Taufiqurrahman, Faishal
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.v26i1.36897

Abstract

The 2024 simultaneous elections mark a significant milestone as they combine the selection of the President, Vice President, Legislative Members, and Regional Heads for enhanced effectiveness and efficiency. However, this innovative approach also presents a host of challenges. This article employs a normative legal research methodology, utilizing both statutory and conceptual frameworks. Data collection involved a comprehensive literature review of relevant laws and regulations pertaining to elections. The findings of this study reveal that the democratic process of simultaneous elections is far from flawless. Instances of power abuse by the DPR and prevalent money politics practices continue to persist. Such misconduct occurs among participants, organizers, and voters, ultimately undermining the intended goals of enhancing democracy and upholding human rights values through the implementation of simultaneous elections.
REVISITING JUVENILE JUSTICE: A RESTORATIVE APPROACH TO HOMICIDE ACCOUNTABILITY IN INDONESIA Harefa, Beniharmoni; Aura Islami, Diajeng Dhea Annisa; Supardi, Supardi
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.v26i2.38583

Abstract

Criminal penalties can be imposed for infractions, including those committed by minors. However, the purpose of sanctions extends beyond punishment; they also aim to promote restoration. Given that children involved in homicide cannot be held to the same legal standards as adults, the law prioritizes their psychological development and growth. This article seeks to clarify the nature of criminal accountability for juvenile offenders and to explore the law enforcement process in cases of murder involving young individuals. This research utilizes a literature review methodology, drawing data from relevant publications, journals, and books. The findings suggest that adolescent homicide offenses can be effectively addressed through a restorative justice framework that prioritizes rehabilitation over retribution. A key component of restorative justice is the Family Group Conference, which involves the families of both the perpetrator and the victim in the juvenile's accountability process.
UNRAVELING INDONESIA'S PEATLAND POLICIES: IMPLICATIONS AND INCONSISTENCIES M, Mohd. Yusuf Daeng; Yusuf, Fadly Daeng; Yuliani, Febri; Zulkarnaini, Zulkarnaini
Kanun Jurnal Ilmu Hukum Vol 26, No 3: December 2024: Law and Justice in Digital Age
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i3.35071

Abstract

This article offers a legal perspective on the intricate web of Indonesian peatland policies, emphasizing their repercussions and inherent contradictions. Through an in-depth analysis of the legal frameworks and regulations governing peatland management in Indonesia, this study unravels the complexities and discrepancies present within these policies. It critically examines the repercussions stemming from these policies, shedding light on their unintended outcomes, including environmental, social, and economic ramifications. To address the complexities surrounding peatland policy in Indonesia, this article employes a multi-faceted legal research methodology. Primarily, it involves a doctrinal analysis, where relevant laws, regulations, and policies are systematically reviewed to identify inconsistencies and gaps. This study highlights the legal intricacies and challenges faced in implementing and enforcing peatland policy, ultimately seeking to propose a pathway for a more coherent, effective and harmonious legal framework to address the complexities of peatland management in Indonesia.
NAVIGATING IDENTITY POLITICS, DEMOCRACY, AND LEGAL CERTAINTY IN INDONESIA Kartiko, Achmad; Simon Runturambi, Arthur Josias; Hanita, Margaretha; Syauqillah, Muhammad
Kanun Jurnal Ilmu Hukum Vol 26, No 3: December 2024: Law and Justice in Digital Age
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i3.41768

Abstract

Political identity has become a prominent phenomenon in Indonesia's democracy, especially since the Reformasi era, when political openness and freedom have been increasingly recognized. As a multicultural country, Indonesia faces the unique challenge of managing political identities that have the potential to foster solidarity but also risk triggering segregation and conflict. This study explores how political identity affects democracy in Indonesia and the enforcement of the rule of law, emphasizing legal certainty. In the legal context, certainty plays a critical role in maintaining social stability and ensuring equal rights for all citizens without discrimination, whether they are part of the majority or minority groups. Based on a normative approach and literature analysis, this research finds that identity politics in Indonesia often exploits religious and ethnic identities as political tools, sometimes disrupting the principles of equality, law enforcement, and democratic certainty. Legal reform is needed to strengthen human rights protections and create a fair, nondiscriminatory democratic space for all identity groups in Indonesia. It could create a void once the dominant political identity is weakened, allowing minority identities to rise, ultimately posing a new threat to democracy in Indonesia.
REGULATORY DYNAMICS IN PEER-TO-PEER LENDING: A COMPARATIVE STUDY OF INDONESIA, SINGAPORE, AND AUSTRALIA Puspita, Viona; Amboro, Florianus Yudhi Priyo; Syarief, Elza
Kanun Jurnal Ilmu Hukum Vol 26, No 3: December 2024: Law and Justice in Digital Age
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i3.37392

Abstract

The growth of peer-to-peer lending requires robust legal regulations to protect stakeholder rights and facilitate continued economic development in Indonesia through enhanced access to funding. This article seeks to analyze the legal developments surrounding peer-to-peer lending in Indonesia, Singapore, and Australia. Utilizing a doctrinal legal research methodology with a comparative approach, the findings reveal that Singapore and Australia can effectively leverage existing regulations without the need to create new ones, thereby mitigating the risk of legal dissonance. In contrast, while Indonesia has implemented specific regulations for peer-to-peer lending, it has not provided sufficient normative legal protection within this sector and has failed to safeguard the rights guaranteed by those regulations. These findings suggest that a specific regulatory approach may not be the most effective strategy for Indonesia's legal development, thereby contributing to the ongoing discourse surrounding legal advancements in the fintech industry.How to CiteViona Puspita et. al. (2024). Regulatory Dynamics In Peer-To-Peer Lending: A Comparative Study Of Indonesia, Singapore, And Australia. Kanun: Jurnal Ilmu Hukum, 26(3), 467-487. https://doi.org/10.24815/kanun.v26i3.37392
THE APPLICABILITY OF DOMESTIC LAW IN INTERNATIONAL BUSINESS CONTRACTS: A STUDY ON INDONESIAN COURTS' CASES Bintang, Sanusi
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.v26i2.38080

Abstract

This article explores the application of domestic law and forum selection clauses in international business contracts within Indonesian legal system. It provides an analysis of the legal reasoning behind two significant court cases: Beauchamp Guerin v. Gunarsa and AXN v. Karyamegah. Utilizing a normative legal research methodology, the study examines these cases alongside relevant statutes, adopting a case-based approach rather than a strictly statutory one. The selected cases were chosen for their relevance to the intersection of international business contracts and domestic law, particularly in relation to forum selection clauses. The analysis is grounded in legal reasoning, demonstrating that the principles of choice of law and choice of forum support the applicability of domestic law and forum selection clauses in international business contracts, bolstered by Indonesian contract law. In Beauchamp Guerin v. Gunarsa, the court upheld the domestic law by affirming the validity of the contract and recognizing issues of nonperformance and damages in accordance with Indonesian law. Similarly, in AXN v. Karyamegah, the court asserted its jurisdiction over the case, finding grounds for nonperformance and damages as well. The findings presented in this article are significant for Indonesia, particularly in light of the absence of specific legislation governing international business contracts. Thus, this research serves both theoretical and practical purposes, filling a gap in existing literature that has predominantly focused on the application of foreign national laws and forums while overlooking the importance of domestic legal frameworks.

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