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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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PUBLIC PARTICIPATION IN CONSTITUTIONAL AMENDMENTS: A COMPARATIVE ANALYSIS OF INDONESIA AND THAILAND Masykuri, Masykuri; Rustan, Ahmad; Ichlas, Rudy Iskandar; Umar, Wahyudi
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.v26i3.32697

Abstract

The idea of revising the 1945 Constitution is likely to spark debate. Nevertheless, Article 37 of the 1945 Constitution has provided a mechanism for amendment, rather than replacement, of the constitution. The amendments to the 1945 Constitution are now mandatory, as previously decreed by the MPR leadership, which will be continued by the current leadership. This paper examines the role of public participation in the amendment of constitutions in Indonesia and Thailand. The study employs a normative legal research approach, utilizing statutes, conceptual frameworks, and comparative analyses. Data was collected from books, academic journals, relevant laws, and regulations. The results indicate that the forms of public participation in Indonesia and Thailand in the constitution-making and amendment processes are largely similar, including public hearings, working visits, socialization, seminars, workshops, and discussions. However, a notable difference exists in that Indonesia lacks explicit provisions for public participation in its constitutional amendment process, whereas Thailand has established clear regulations. It is recommended that Indonesia clearly regulate public participation as a procedure in its constitution-making and amendment processes.
CYBER DEFAMATION IN INDONESIA'S NATIONAL CRIMINAL CODE: AN ANALYSIS OF THE NEW PROVISIONS Abdaud, Faisal; Haris, Oheo Kaimuddin
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.v26i3.34004

Abstract

This article investigates the impact of cyber defamation regulations within Indonesia's National Criminal Code (NCC), a topic worthy of investigation due to the significant changes in the definition and scope of cyber defamation offenses following the NCC's enactment. Through a normative legal research approach, the study examines legal rules, principles, and doctrines, employing both statutory and conceptual analyses. The findings indicate that the NCC's provisions on cyber defamation, as lex generalis, take precedence over Article 27 paragraph (3) of the Information and Electronic Transactions (ITE) Act, while Article 27A of the Second Amendment to the ITE Law remains in provisional effect until the NCC's full implementation in 2026. Notably, cyber defamation is addressed in seven articles (Articles 433-439) within the NCC, which also specifically cover defamation against the President, government, and state institutions. To mitigate potential ambiguities, the development of implementing regulations is recommended to clarify the application of these NCC defamation provisions. The changes align with established legal principles, ensuring a coherent and effective regulatory framework. This article contributes to a deeper understanding of the NCC's new cyber defamation provisions by analyzing their scope, implications, and the need for implementing regulations to ensure consistent and effective application.
COMPARATIVE ANALYSIS OF STEVEDORING LABOR PERFORMANCE IN THE SEA TOLL PROGRAM: INSIGHTS FROM INDONESIA AND THE PHILIPPINES Gultom, Elfrida Ratnawati; Arsawan, I Gede Yudi; Begishev, Ildar
Kanun Jurnal Ilmu Hukum Vol 27, No 1: April 2025: Customary Law and development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i1.45149

Abstract

This study conducts a comparative analysis of stevedoring labor performance within the Sea Toll program in Indonesia and the Philippines, focusing on efficiency, technology, and worker welfare. It aims to identify the key factors influencing the effectiveness of stevedoring labor in both countries. Employing a normative legal method alongside a comparative study approach, the findings indicate that the performance of stevedoring labor in the Philippines is superior to that in Indonesia, particularly regarding work efficiency, technological implementation, and worker welfare. The Philippines has successfully established a skills certification system through the Technical Education and Skills Development Authority (TESDA), implemented port automation systems such as the Cargo Handling Management System (CHMS) and the Port Community System (PCS), and ensured labor protection in accordance with the Philippine Labor Code and the Occupational Safety and Health Standards (OSHS) Act. In contrast, Indonesia faces significant challenges, including difficulties in implementing skill standards, inadequate port infrastructure, and limited social protection for workers, despite existing regulations such as Law Number 17 of 2008 on Shipping and the Minister of Manpower Decree Number 100 of 2004. Key determinants of stevedoring labor effectiveness include labor regulations, technological availability, training systems, welfare, and work culture. The Philippines has demonstrated greater success in integrating these factors into its operational framework. Therefore, Indonesia could benefit from adopting the Philippines' robust regulatory framework, skills certification system, automation technology, and enhanced worker welfare protections.
THE CONCEPT OF DISTRIBUTIONAL JUSTICE IN TAX POLICY: A COMPARATIVE STUDY BETWEEN THE THEORIES OF JOHN RAWLS AND ROBERT NOZICK Pramana, Putu Arya Aditya; Sudharma, Kadek Januarsa Adi; Kurniawan, I Gede Agus; Asefa, Rahel
Kanun Jurnal Ilmu Hukum Vol 27, No 1: April 2025: Customary Law and development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i1.45034

Abstract

The ideal tax policy should balance social justice through income redistribution, as proposed by John Rawls, with economic freedom and individual property rights, as emphasized by Robert Nozick, to create a fair and sustainable system. This study analyzes the differences and similarities in the theories of distributive justice according to John Rawls and Robert Nozick in normative, philosophical, and sociological aspects, as well as examine their implications for tax policy to formulate an ideal taxation system. This article employs a normative legal method with conceptual, legislative, and comparative approaches to analyze the theories of distributive justice by Rawls and Nozick in tax policy, using a literature study technique and descriptive-comparative analysis of tax regulations in various countries. The findings reveal that differences in the theories of distributive justice between Rawls and Nozick have significant implications for tax policy, where Rawls advocates progressive taxation to reduce social inequality and improve the welfare of disadvantaged groups, whereas Nozick rejects tax redistribution as it violates individual property rights and supports a proportional tax system instead. An ideal tax policy could adopt a mixed approach, with moderate progressive taxation to support social welfare and lower corporate taxes to encourage investment and economic growth, thereby effectively balancing social justice and individual freedom.
ENHANCING EVIDENTIARY FAIRNESS IN INDONESIAN CRIMINAL LAW: ADAPTING BRADY V. MARYLAND PRINCIPLES FOR EQUITABLE TRIALS Susilo, Erwin; Negara, Dharma Setiawan
Kanun Jurnal Ilmu Hukum Vol 27, No 1: April 2025: Customary Law and development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i1.44351

Abstract

This article examines the imbalance in the evidentiary system in criminal cases in Indonesia, especially regarding the limited authority of the public prosecutor in assisting the defendant to present mitigating evidence. This problem is contrary to the principle of equality of arms which requires equality between the public prosecutor and the defendant in evidence. By adopting principles from Brady v. Maryland, this article provides a normative framework to enhance the Indonesian criminal evidence system, particularly by advocating for clearer prosecutorial disclosure obligations. While Brady originates from the common law tradition, its core principle ensuring fairness through evidence disclosure can be adapted within Indonesias civil law system through judicial interpretation and procedural reforms, aligning with the broader aim of strengthening due process and evidentiary fairness. A normative juridical approach is used by analyzing primary and secondary legal materials, including a comparative study of the application of the Brady Rule in the United States of America. The results show that the need to reform Indonesian criminal procedural law by regulating the obligation of public prosecutors to actively reveal evidence that exculpates defendants in order to ensure substantive equality. This proposed norm to create criminal trials that are quitable in achieving material truth, ensuring only guilty parties are sentenced, while the innocent are acquitted.
ISLAMIC LEGAL PRINCIPLES AND NATIONAL REFORM: A STUDY OF THE 2023 INDONESIAN PENAL CODE Rokhim, Abdul; Abdullah Lawang, Karimuddin; Zuraida, Zuraida; Muhammad Syahrul, Fatahillah
Kanun Jurnal Ilmu Hukum Vol 27, No 1: April 2025: Customary Law and development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i1.41348

Abstract

This study examine the transformation of the concept of justice in Islamic criminal law as a contribution to the reform of national criminal law. The assess the extent to which the principles of justice in Islamic criminal law, such as proportional justice, victim protection, and the principle of public benefit (maslahah), have been incorporated into the new national criminal law system, particularly within the 2023 Indonesian Penal Code (KUHP). This research employs a doctrinal method through literature analysis, drawing on national legislation, jurisprudence, and both classical and contemporary Islamic legal thought. The findings reveal that although several Islamic legal principles are beginning to be accommodated, such as the application of restorative justice, a more humane sentencing approach, and the acknowledgment of local values, this integration remains partial and does not yet fully reflect the comprehensive framework of Islamic justice. Therefore, transforming the national criminal law system through the values of Islamic legal principles is a strategic step toward building a justice system that is more responsive, substantively fair, and aligned with the Indonesian national identity.
THE JUSTIFICATION AND IMPLEMENTATION OF FINES ON CAPABLE CUSTOMERS IN ISLAMIC FINANCIAL INSTITUTIONS: A SHARIAH LAW PERSPECTIVE Mustika, Mega; Masuwd, Mowafg; Malik, Ridwan; Hasanuddin, Hasanuddin; Malik, Abdul
Kanun Jurnal Ilmu Hukum Vol 27, No 1: April 2025: Customary Law and development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i1.41277

Abstract

The imposition of fines on financially capable customers who delay installment payments in Islamic financial institutions presents a complex issue that necessitates justification in accordance with Shariah principles. This study examines the application of principles such as justice, legal compliance, and responsibility within the fine policies directed at these customers. It further assesses the degree to which the imposition of fines is accepted across various Islamic financial institutions and explores how existing regulations can be clarified to ensure adherence to Shariah principles. The fatwa issued by the Indonesias National Sharia Council of the Indonesian Ulema Council (DSN-MUI) permits the imposition of fines solely on financially capable customers who intentionally delay their payments. However, a significant challenge persists: the lack of a standardized criterion for identifying capable customers who should justly incur fines, including the specific duration of delinquency required before a fine is applied. Islamic banks fundamentally operate on the profit-sharing principle and do not inherently recognize fines in the same manner as conventional banks. Nevertheless, to mitigate customer negligence and maintain a balance between justice and legal compliance, some Islamic banks incorporate fines into their financing contracts. This practice remains contentious, primarily due to concerns that such fines may resemble riba qardh or riba nasiah, both of which are explicitly prohibited in Islam. This article contributes to the development of standardized guidelines for Islamic banks, facilitating the objective identification of capable customers and the implementation of fines in a manner that aligns with Islamic values.
MITIGATING CREDIT RISK IN BANKING: DETERMINING LIMIT VALUES FOR AUCTIONING MORTGAGE RIGHTS COLLATERAL IN ACCORDANCE WITH AUCTION REGULATIONS Abubakar, Lastuti; Handayani, Tri
Kanun Jurnal Ilmu Hukum Vol 27, No 1: April 2025: Customary Law and development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i1.37854

Abstract

The Auction Implementation of Guidelines Regulation confirmed that the execution auction of collateral objects related to Mortgage Rights is a method designed to protect the rights of all parties involved. One of the key principles is the requirement to establish a limit value for mandatory auctions, including those related to Mortgage Rights. However, the current practices of execution auctions do not align with regulatory expectations that seek to ensure optimal pricing and a fair and legally certain process. Debtor objections to the determination of Limit Value and low selling prices have led to legal disputes against creditors. Therefore, an examination is essential to understand how risk mitigation can be achieved through the establishment of limit value. This study adopts a normative juridical approach with a descriptive-analytical research specification. The findings reveal that Articles 55-60 of Auction Implementation Guidelines Regulation outline the obligation to establish a limit value and provide criteria for determining that value. The establishment of limit value can function as a risk mitigation tool for Bank creditors, allowing them to adhere to prudential principles while providing legal certainty and protection for debtors, ultimately facilitating the attainment of the best possible price for their collateral objects.
NAVIGATING LEADERSHIP TRANSITIONS: THE CHALLENGES AND IMPLICATIONS OF INTERIM AUTHORITY IN INDONESIAS REGIONAL GOVERNANCE Arifin, Firdaus; Farma, Mella Ismelina; Maarif, Ihsanul; Murbani, Anastasia Wahyu; Prihartanto, Yudi
Kanun Jurnal Ilmu Hukum Vol 27, No 1: April 2025: Customary Law and development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i1.41841

Abstract

The limitations placed on the authority of interim Regional Heads, as outlined in Indonesian Law Number 23 of 2014 on Regional Governance, present significant challenges to the continuity of strategic decision-making during leadership transitions. The ambiguity surrounding the scope of interim authority often results in stagnation in public policy implementation, adversely impacting regional development and governance. This study examines the philosophical underpinnings and legal foundations of interim authority, while also evaluating the tangible effects of these limitations on the functioning of regional government. Utilizing a normative legal methodology that incorporates both statutory and conceptual approaches, this research is grounded in a thorough review of primary and secondary legal sources. The findings indicate that interim authority should be viewed as a constitutional mandate designed to ensure the seamless operation of government, despite its temporary nature. However, in practice, stringent normative constraints can lead to a significant leadership vacuum and create opportunities for political interference. These findings underscore the necessity for regulatory reform that provides interim Regional Heads with appropriate flexibility in making strategic decisions, all while maintaining the principles of accountability and oversight. Such policy reforms are essential for sustaining an effective and responsive regional government in the face of political dynamics and leadership transitions.
BALANCING TRADITION AND LAW: ADDRESSING CHILD MARRIAGE IN WEST NUSA TENGGARA, INDONESIA Kusuma, Lalu Aria Nata; Firdiansyah, Ananda
Kanun Jurnal Ilmu Hukum Vol 27, No 1: April 2025: Customary Law and development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i1.44179

Abstract

Child marriage is a serious issue in Indonesia, particularly in the Province of West Nusa Tenggara (Nusa Tenggara Barat/NTB), where it has been justified by the local tradition of Merarik. In response, the Regional Regulation of West Nusa Tenggara Province Number 5 of 2021 concerning the Prevention of Child Marriage has been issued; however, it has not significantly decreased the rate of child marriage. Utilizing doctrinal and socio-legal methods, this study explores the justification for such regulating as well as the opportunities and challenges encountered when this regulation conflicts with local customs. The study reveals that the regional regulation should be tailored to specific socio-local conditions. Successful implementation of this regulation depends on the involvement of stakeholders, such as traditional leaders, academics, and the community. Although this regulation constrains customary law, such restrictions are required from a sociological jurisprudence perspective for practical benefits. Furthermore, the "merarik" tradition within the Sasak ethnic community can continue to be practiced without violating the established legal age for marriage. This serves as a valuable lesson on how law as social engineering can be examined in the modern Indonesian context.

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