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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 487 Documents
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TRANSCENDING JUSTICE: INTEGRATING RESTORATIVE PRINCIPLES WITH THE DIVINE VALUES OF PANCASILA Farid, Achmad Miftah; Maulani, Indah; Fatihah, Nada Nabila; Lestari, Sri
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.v26i2.38483

Abstract

This study investigates the integration of restorative justice principles with the divine values enshrined in Pancasila, the ideological and philosophical foundation of the Indonesian people. The spiritual and ethical dimensions of Pancasila can enrich and enhance restorative justice practices, providing a framework for a more religious and holistic approach to justice. Conducted using normative methods and a philosophical lens with a metaphysical dimension, this qualitative analysis examines the compatibility and potential synergy between these two paradigms, incorporating the transcendental aspects of Pancasila into criminal law enforcement. Furthermore, this study encourages readers to expand their understanding of justice beyond conventional paradigms, advocating for a more inclusive and transformative model. It suggests that law enforcers engage pious individuals and Indigenous leaders in handling criminal cases to ensure that the resolution processes remain unaffected and just.
THE UNCERTAINTY OF LEGAL PROTECTION FOR HOUSEMAIDS IN INDONESIA Hariri, Achmad; Sahid, Mualimin Mochammad
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.v26i2.36844

Abstract

Several cases of physical, psychological, and sexual violence against housemaids in Indonesia have been documented, despite the existence of laws that aim to protect them. The Law Number 13 of 2003 on the Ministry of Manpower and the Ministry Regulation Number 2 of 2015 on the Protection of Housemaids are insufficient to prevent unfair treatment of housemaids. This study investigates this issue by examining the situation of housemaids in Surabaya, East Java, Indonesia. Using a normative-empirical research approach, this article reveals that legal protection for housemaids in Indonesia is still uncertain due to two primary factors. Firstly, the lack of clarity in the rules requires the development of special laws that specifically address the protection of housemaids. Secondly, the lack of knowledge among housemaids renders them vulnerable to being underestimated and humiliated. The urgency of legal protection for housemaids in Indonesia is underscored by the prevalence of domestic violence and unfair compensation. Therefore, a comprehensive and exhaustive legal framework is necessary to provide a sufficient access to justice mechanisms for housemaids, including legislative acts that are specifically tailored to their needs. Furthermore, rehabilitation is a vital mechanism, particularly for housemaids who have suffered from violence. This can involve providing temporary shelters, counseling, and protection from retaliation.
ZAKAT AND MAQASID SHARI'AH: ENSURING EFFECTIVE SUPPORT FOR THE NEEDY Sulastri, Widia; Efendi, Faisal; Razak, Dudung Abdul; Rahmita, Rahmita; Kapitri, Neneng
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.v26i2.38605

Abstract

This article investigates the distribution of zakat from agricultural products in Nagari Punggasan, West Sumatra. It employs a normative empirical method, analyzing legal provisions through a sociological and jurisprudential lens. Empirically, the study focuses on practices observed in Nagari Punggasan. The distribution of zakat from crops is calculated based on the capital utilized from the onset of cultivation until the harvest. Once the harvest is complete and the funds have been disbursed, the zakat obligation is considered fulfilled. This distribution process involves inviting all relevant community members, including Ninik Mamak, Labai, Imams, Khatibs, widows, and affluent individuals.However, this practice raises concerns regarding its alignment with Islamic teachings, particularly Surah At-Taubah, verse 60, which outlines the rightful recipients of zakat. According to the principles of Maqasid Shari'ah, the purpose of Shari'ah is to benefit humanity, ensuring both the spiritual and physical well-being of individuals and society at large. The objectives of Maqasid Shari'ah emphasize the importance of respecting the rights of the asnaf (eligible recipients) who are entitled to receive zakat.
RECONSTRUCTION OF THE REGULATION GOVERNING AD HOC JUDGES IN THE INDUSTRIAL RELATIONS COURT OF INDONESIA Pamungkas, Yogo; Amriyati, Amriyati; Yurikosari, Andari; Setiawati, Anda; Lie, Ribka Yonathan
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.v26i3.41749

Abstract

This article examines the current construction of ad hoc judges within the Industrial Relations Court (PHI) and the resulting challenges impacting the settlement of industrial relations disputes. The primary objective of this analysis is to identify the legal problems associated with the present framework regulating ad hoc PHI judges and to propose solutions that mitigate these weaknesses. Utilizing a normative qualitative research methodology, this study relies on secondary data, employing both a statutory and conceptual approach to comprehension. Findings suggest that the existing construction of ad hoc PHI judges may compromise the objectivity of their decisions. This potential for bias can adversely affect fair conflict resolution, undermining trust in the judicial process. In light of these findings, the article advocates for a comprehensive reconstruction of the regulatory framework governing ad hoc judges. This would involve legislative reforms aimed at enhancing the performance and quality of PHI ad hoc judges. Such reforms could include stricter selection criteria, ongoing training programs, and mechanisms for accountability to ensure that these judges can make impartial and informed decisions. Ultimately, by addressing the identified legal shortcomings and implementing the proposed solutions, the integrity of the industrial relations dispute resolution process can be significantly improved. This approach not only aims to safeguard justice and fairness in industrial relations but also enhances the overall efficacy of the legal system in Indonesia. The insights underscore the urgent need for legislative action to foster a robust and unbiased framework for ad hoc PHI judges, ensuring equitable outcomes for all parties involved in industrial disputes.
REVITALIZING MURABAHAH FINANCING AGREEMENT IN INDONESIA: A RETURN TO ISLAMIC PRINCIPLES FOR SOCIETAL WELFARE Dayyan, Muhammad; Abbas, Syahrizal; Furqani, Hafas
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.v26i3.38078

Abstract

The transformation of Murabahah trade agreements into Murabahah financing agreements in banking institutions since the 1970s signifies a significant shift in the Islamic financial landscape. Intended to promote an economy that is just and blessed by Allah SWT, the murabahah financing agreement is a crucial instrument in realizing this goal. However, the evolution of this agreement from a straightforward trading pattern to a credit-based model in Islamic banking has deviated from the original Islamic financing characteristics, rendering it similar to conventional banking practices. This study argues that murabahah financing in Indonesian Islamic banking necessitates three key improvements. Firstly, a unified concept of the murabahah financing agreement should be formulated, consolidating the perspectives of the National Sharia Council of the Indonesian Ulama Council, the Financial Services Authority, Bank Indonesia, and the Indonesian Islamic banking sector. Secondly, the seven Islamic economic principles (tawhid, khalifah, 'adalah, amanah, shura', ta'awun, and ta'aruf) should be actualized in the terms and conditions of murabahah financing agreements between banks and customers. Lastly, the implementation of murabahah financing agreements should be centered on enhancing and developing customers' assets, aligning with the fundamental principles of Islamic finance
EFFECTIVENESS OF CRIMINAL SANCTIONS FOR VIOLATORS OF SMOKE-FREE AREAS IN INDONESIA: CHALLENGES AND RESPONSIVE LAW SOLUTIONS Darma, I Made Wirya; Mahadnyani, Tjokorda Mirah Ary
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.v26i3.41851

Abstract

Cigarettes pose a significant global health threat, resulting in millions of related deaths annually. Consequently, governments worldwide, including Indonesia, have implemented smoke-free area policies in an effort to mitigate these health concerns. This study analyzes the effectiveness of criminal sanctions imposed on violators of smoke-free areas in Indonesia, while identifying legal challenges in enforcing these regulations and proposing normative solutions within the framework of responsive law. Utilizing a normative legal approach, this study combines both statutory and conceptual methodologies to analyze primary, secondary, and tertiary legal materials through literature studies. It employs a qualitative descriptive analysis method to examine the efficacy of criminal sanctions against violators of smoke-free areas in the context of responsive law. The results indicate that the effectiveness of criminal sanctions to enforce smoke-free areas in Indonesia is hindered by various constraints, including weak law enforcement, limited public awareness, economic conflicts of interest, and inadequate smoking facilities. This study recommends adopting a responsive law approach. This entails strengthening law enforcement, conducting continuous socialization and education programs, establishing special smoking facilities, involving the tobacco industry in health policy-making, and reformulating policies through a participatory approach. By implementing these responsive law solutions, it is anticipated that smoke-free area regulations can be more effectively enforced, garner the support of all parties involved, and contribute to enhanced public health protection from the risks associated with cigarette smoke.
UNITED KINGDOM IMPOSES SANCTIONS ON ROMAN ABRAMOVICH'S ASSETS: IS IT AN INDIRECT EXPROPRIATION? Owen, Patrick; Amalia, Prita; Trisnamansyah, Purnama
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.v26i3.39515

Abstract

The asset freeze imposed by the United Kingdom(UK) on Roman Abramovich raises a critical legal issue regarding its classification as indirect expropriation under international investment law. A legal gap exists in interpreting economic sanctions as acts of indirect expropriation, particularly their compatibility with protections provided under Bilateral Investment Treaties (BITs). The research addresses whether such sanctions constitute unlawful indirect expropriation and examines the protection of Abramovichs rights as a foreign investor under international law. Using a normative juridical approach, the analysis draws on international treaties, arbitration case law, and BIT provisions between Russia Federation and the United Kingdom. Findings indicate that the sanctions meet the criteria for indirect expropriation, causing substantial economic loss and disruption to Abramovichs investments, including Chelsea FC. This paper contributes to the discourse on balancing state sovereignty, regulatory powers, and investor protections, offering insights into the broader implications of politically motivated actions on foreign investments.
ANALYZING LEGAL DIMENSIONS OF PRODUCT SCANDAL IN INDONESIAN INSURANCE DISTRIBUTIONS: MIS-SELLING UNIT-LINKED CASE Putri J, Pramai Shella Arinda; Anadi, Yandri Radhi
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.v26i3.35077

Abstract

Insufficient consideration of inflation in pricing can result in insurance premiums being set too low, threatening the long-term viability of the insurance industry. This challenge became particularly evident during the notable challenges experienced by the Indonesian insurance industry between 2021 and 2022. Various issues, including poor management, product mis-selling, and the sale of unit-linked products with inaccurate information, led to insurance customers protesting against the Financial Services Authority (OJK) and the bancassurance sector, which is a partnership between banks and insurance companies that allows banks to sell insurance products through their distribution networks. This study analyzes the legal dimensions of insurance agent misconduct in mis-selling insurance products and propose targeted strategies for regulatory and industry reforms led by OJK to foster a healthier and more transparent Indonesian insurance sector. This study employed a normative legal research method with a statute- and concept-based approach. The results show improper sales violate Article 75 of Indonesias Insurance Law (Law No. 40 of 2014). The cumulative effect of these violations can damage the insurance sector's reputation, leading consumers to view it as unreliable and predatory, which may reduce market participation as potential policyholders opt-out, ultimately undermining the financial stability and growth of the insurance market in Indonesia. In response, the OJK has introduced SEOJK No. 5/SEOJK.05/2022, which provides guidelines for implementing risk-based supervision in the insurance sector. This regulation enhance transparency and accountability, address the identified issues, and restore consumer trust in the Indonesian insurance market.
NAVIGATING THE CHALLENGES AND OPPORTUNITIES OF THE WTO'S TRADE FACILITATION AGREEMENT IN INDONESIA Maulana, Mursal; Adolf, Huala
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.v26i3.40176

Abstract

The Trade Facilitation Agreement (TFA) is a significant multilateral trade accord adopted by the World Trade Organization (WTO) to streamline the movement, release, and clearance of goods. Indonesia ratified the TFA through Law No. 17 of 2017 and has implemented 87.7% of its Category A commitments, along with 11.3% of Category B commitments. Despite this progress, Indonesia faces challenges such as regulatory complexities, bureaucratic inefficiencies, coordination issues, and technical constraints. This article explores these challenges and the potential economic benefits of fully implementing the TFA, especially in Indonesias international trade. Using a juridical-normative approach, the article identifies key issues that need to be addressed, including legislative harmonization, streamlined bureaucratic processes, improved digital infrastructure, and better coordination in trade facilitation governance. It also highlights the advantages of the TFA, such as reduced trade barriers, increased efficiency, and enhanced global competitiveness. To overcome existing challenges and maximize the benefits of TFA implementation, Indonesia should focus on regulatory harmonization, inter-agency coordination, and upgrading digital trade infrastructure. Strengthening the National Trade Facilitation Committee (NTFC), modernizing customs automation, and expanding the Indonesia National Single Window (INSW) will improve efficiency and lower costs, thereby solidifying Indonesia's position in the global trading system.
LEGAL FRAMEWORKS FOR SPECTRUM SHARING: UNLOCKING INDONESIA'S BROADBAND POTENTIAL Kosasih, Achmad Arizki; Ramli, Tasya Safiranita; Virhani, Mohan Rifqo
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.v26i3.41315

Abstract

This article analyzes the application of spectrum sharing regulations in mobile broadband technology in Indonesia. Since 2019, the country has witnessed significant progress in the widespread adoption of 4G LTE broadband network infrastructure. However, the development of 5G telecommunications technology remains nascent, operating in a non-standalone mode that relies on existing 4G LTE infrastructure and is currently available only in several major cities. To improve service quality and increase accessibility to 4G LTE and 5G broadband networks, a clear and comprehensive legal framework is essential. This framework should facilitate the sharing of 4G LTE infrastructure, particularly radio frequency spectrum, with 5G technology, thereby enhancing broadband coverage in underdeveloped, frontier, and outermost regions. The Indonesian government has enacted the Job Creation Law, which addresses spectrum sharing in the telecommunications sector. This research employs a normative juridical approach, integrating both primary and secondary data analysis to examine the legal framework governing spectrum sharing. It specifically investigates the impact of the Job Creation Law on the implementation of spectrum sharing in Indonesia's telecommunications landscape. The findings indicate that the current spectrum sharing policy is insufficiently supportive of 4G LTE technology, thereby impeding the deployment of 5G non-standalone technology in underdeveloped, frontier, and outermost areas. To remedy this situation, spectrum sharing policies must ensure non-discriminatory access, be responsive to market demands, and adapt to technological advancements. Moreover, the study highlights the importance of collaborative efforts among stakeholders in crafting spectrum sharing provisions that address the needs of both 4G LTE and 5G technologies.

Page 46 of 49 | Total Record : 487

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