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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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PRESERVING TRADITION: THE ADAT LAW SYSTEM OF THE BADUY COMMUNITY AND ITS CONSTITUTIONAL RELEVANCE Sodikin, Sodikin; Maranjaya, Abdul Kahar
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.v27i1.32056

Abstract

The Baduy adat law community is a distinct group that operates within a socio-cultural framework deeply rooted in their traditions. Central to this framework is the adat institution, which serves as the foundation for their governance system. In the Kanekes adat village, the structure and role of the adat institution reflect an adat state system that is derived from the values of their ancestors, known as Karuhun, and is consistent with the principles of Indonesian constitutional law. This study employs a juridical normative methodology to examine and analyze the conditions of the Kanekes Adat Village from a constitutional perspective. The findings reveal that the Baduy adat law community possesses characteristics that have sustained their adat institutions for thousands of years. They adhere to the norms of the Sunda Wiwitan religion, emphasizing the importance of upholding the values of the Karuhun, which serve as guiding principles (Pikukuh) that must be followed. The governance system they adopt is characterized as an adat state law system, which democratically distributes authority among various institutions. The apex of power and leadership resides with the Puun, who plays a crucial role in maintaining the community's traditions and governance. This structure not only reflects the community's commitment to their cultural heritage but also contributes to the broader framework of adat constitutional law in Indonesia, ensuring its relevance for future generations.
GOVERNANCE CHALLENGES AND OPPORTUNITIES: THE ROLE OF THE MUKIM INSTITUTION IN CUSTOMARY FOREST MANAGEMENT IN ACEH PROVINCE, INDONESIA Nurhaliza, Nurhaliza; Mansur, Teuku Muttaqin; Abdullah, M Adli; Efendi, Efendi; Muazzin, Muazzin; Sunoko, Andika Priandana
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.v27i1.37846

Abstract

The role of the Mukim institution, as a unique customary body under the Aceh special autonomy system, in managing customary forests has been a subject of debate. The limitations and challenges faced by Mukim in fulfilling its responsibilities, particularly in light of contemporary environmental and legal pressures, remain unclear. This study employs a doctrinal-empirical investigation, utilizing a literature review and interviews with respondents and informants. The empirical research was conducted in Mukim Lampanah, Seulimeum District, and Mukim Blang Mee, Lhoong District, both situated in Aceh Besar Regency. The findings indicate that the Mukim holds a position of authority in the governance of customary forests, playing a crucial role in the management and oversight of natural resources within their designated territories. They possess the authority to designate customary forests. However, their capacity to meet these responsibilities is hampered by a lack of personnel within the Mukim institution and limited engagement from local administrations, particularly in terms of policy support and collaborative forest management efforts. Additionally, their efforts often conflict with national forestry management policies. To enhance the effectiveness and sustainability of forest management, it is essential to establish stronger collaboration and coordination mechanisms between the Mukim and government forestry agencies. This would facilitate better alignment of policies and improve overall forest governance.
Front Matter Vol 27 No 1 April 2025 Radinal, Muhammad
Kanun Jurnal Ilmu Hukum Vol 27, No 1: April 2025: Customary Law and development in Indonesia
Publisher : Universitas Syiah Kuala

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Abstract

Front Matter Vol 26 No 2 August 2024 Reza, Muhammad
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.v26i2.48630

Abstract

Front Matter Vol 26 No 3 December 2024 Reza, Muhammad
Kanun Jurnal Ilmu Hukum Vol 26, No 3: December 2024: Law and Justice in Digital Age
Publisher : Universitas Syiah Kuala

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Abstract

ENHANCING REFUGEE HEALTH AND RIGHTS THROUGH SCREENING: LEGAL AND PUBLIC HEALTH PERSPECTIVES IN INDONESIA Kusumo, Ayub Torry Satriyo; Damayanti, Kusmadewi Eka
Kanun Jurnal Ilmu Hukum Vol 27, No 2: August 2025: Islam and Justice development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i2.39289

Abstract

Health has become a primary concern due to the increased vulnerability of refugees to disease, especially in refugee settings where risks of illness are heightened. These environments often expose refugees to higher health threats and can lead to unintentional violations of their basic rights. However, healthcare for refugees has not been adequately addressed, largely due to legal gaps in Indonesias refugee handling policies. This study emphasizes the importance of implementing health and malnutrition screening in refugee settings from both sovereignty and public health perspectives. The research is a literature review of peer-reviewed open-access articles sourced from PubMed and Scopus, using keywords such as malnutrition and refugee setting. Additionally, legal documents relevant to refugee rights, including the 1951 Refugee Convention, international agreements, Presidential Decree 125/2016 on handling refugees from abroad, and other pertinent legal texts, were analyzed to provide a legal framework for the findings. The study reveals that healthcare services in refugee settings are limited and often inaccessible. To address this, it proposes that health and malnutrition screening serve as initial steps to safeguard refugees right to health, grounded in the sovereignty principle. Despite Indonesias non-participation in the 1951 Convention and the 1967 Protocol, protecting public health by preventing disease transmission from refugees aligns with national sovereignty. Therefore, Indonesia, even without formal refugee status recognition, should prioritize health screening and adhere to international Minimum Standards and the principle of National Treatment to ensure the protection of both refugees and the broader community.
LEGAL PLURALISM AND TEXTUALISM: CONTRASTING APPROACHES TO ISLAMIC INHERITANCE LAW IN INDONESIA AND OMAN Taufiq, Taufiq; Kunantiyorini, Anik; Soeharto, Achmad; Wibowo, Dwi Edi; Ezzerouali, Souad Ahmed
Kanun Jurnal Ilmu Hukum Vol 27, No 2: August 2025: Islam and Justice development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i2.47546

Abstract

Islamic inheritance law highlights diverse approaches to its interpretation and implementation in Muslim-majority countries such as Indonesia and Oman. These differences arise from a legal gap between the universal principles outlined in the Qur'an and their application within national legal frameworks. In Indonesia, Islamic inheritance law functions within a pluralistic legal system, whereas in Oman, Sharia principles serve as the primary and integral foundation of the judiciary. This article examines how the foundational philosophy of Islamic inheritance law is understood and applied in Indonesia and Oman, two countries with contrasting legal systems, to identify both normative and practical challenges, as well as the implications of these differences for future legal development. Employing a normative and comparative legal approach, the study reviews relevant legislation, fatwas, and court decisions in both countries, alongside an analysis of classical and contemporary Islamic jurisprudence. The findings indicate that Indonesia adopts a conciliatory approach, balancing religious norms with modern social needs, while Oman tends to adhere to a more literal and textual interpretation of inheritance law. These differences reflect the dynamic nature of Islamic inheritance law philosophy in responding to each country's unique social, cultural, and political contexts. This contributes to the ongoing discourse on developing an adaptive and context-sensitive understanding of Islamic inheritance law within various national legal systems.
NAVIGATING THE DIGITAL DILEMMA: PROTECTING INDONESIAN CHILDREN FROM CYBERCRIME Yusrizal, Yusrizal; Saputra, Ferdy; Iskandar, Hadi; Asmara, Romi; Muhammad Rasyid, Laila
Kanun Jurnal Ilmu Hukum Vol 27, No 2: August 2025: Islam and Justice development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i2.45738

Abstract

Children has been increasingly vulnerable to a multitude of cybercrimes in Indonesia. These include alarming issues such as online grooming, sexual exploitation, cyberbullying, and identity theft. This situation not only presents significant legal challenges but also represents a profound ethical crisis within Indonesias evolving digital landscape. This article utilizes a normative juridical approach alongside a conceptual framework to articulate legal arguments surrounding these pressing concerns. While regulatory measures exist, such as the Electronic Information and Transactions (ITE) Law and the Child Protection Law, their enforcement remains fragmented and often inadequate to tackle the constantly changing nature of digital threats. The ethical dimensions of this crisis cannot be overlooked, as they intertwine with corporate responsibility, parental awareness, and systemic inaction. Such issues amplify the risks that children face online. This study asserts that the combination of legal deficiencies and ethical oversight creates a substantial protection gap that demands a coherent and interdisciplinary response. To effectively safeguard children in the digital age, it is crucial to strengthen institutional capacities, integrate digital literacy within educational curricula, and adopt child-centered approaches to digital governance. By doing so, we can work towards ensuring that the rights, dignity, and safety of children are prioritized and protected in Indonesia.
BEYOND LEGALISM: EMBRACING PROPHETIC JUSTICE IN INDONESIAS ANTI-CORRUPTION EFFORTS Pratama, Riza Chatias; Raharjo, Trisno
Kanun Jurnal Ilmu Hukum Vol 27, No 2: August 2025: Islam and Justice development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i2.44337

Abstract

This study explores the integration of prophetic justice into the practice of anti-corruption criminal justice in Indonesia. While significant normative and institutional progress has been made in anti-corruption law, the actual implementation often falls short of upholding substantive justice that prioritizes humanitarian values and prophetic ethics. Using a normative legal research approach grounded in the perspectives of prophetic law and social science, this study critically assesses the limitations within the judicial system that hinder the pursuit of justice that is both procedural and transformative. The findings reveal several structural obstacles, including the dominance of legal positivism, political pressures, and a lack of reflective spaces in the law enforcement process. These challenges often cause anti-corruption justice to lose its moral and spiritual dimensions. Therefore, this study underscores the necessity of both epistemological and cultural transformations within the legal framework to ensure that prophetic values, such as advocating for the marginalized, demonstrating moral courage, and fostering spiritual commitment, enhance judicial practices. Ultimately, anti-corruption justice in Indonesia must evolve beyond mere regulatory enforcement to become a dynamic and meaningful instrument of social justice, rooted in prophetic values that uphold human dignity and true equity. This study contributes significantly to the development of a humanistic and transformative legal paradigm aimed at effectively eradicating corruption.
ISLAMIC LAW INSTITUTIONALIZATION IN INDONESIA: AN ANALYSIS OF BUSTHANUL ARIFINS CONTRIBUTIONS Mahabbati, Suci; Hardinal, Hardinal; Aunurrochim, Muhammad
Kanun Jurnal Ilmu Hukum Vol 27, No 2: August 2025: Islam and Justice development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i2.48167

Abstract

This article explores the institutionalization of Islamic law in Indonesia, focusing on Busthanul Arifin's thoughts regarding the initiation of Religious Courts and the compilation of Islamic law within the Indonesian legal system. The study employs normative juridical methods, analyzing legal principles, concepts, and doctrines. The findings indicate that Busthanul Arifin's ideas have successfully contributed to the institutionalization of Islamic law in Indonesia through three main pillars: First, Islamic legal institutions, particularly Religious Courts, serve as the implementers of judicial authority, encompassing material aspects, authority, and legal apparatus; Second, laws and regulations, both material and formal, embody the spirit of sharia (al-Qur'an and hadith), forming the basis for jurisprudence and guiding judicial decision-making; third, the legal consciousness of Islamic law transforms it from an abstract concept into a tangible, living law, referred to as "positive law" that is rooted in historical, sociological, juridical, and philosophical values. The dynamic nature of these thoughts underscores the importance of judicial interpretation, which depends on the competence of judges and law enforcers. It is essential to evaluate how these ideas have contributed to justice within the Indonesian legal system. This study offers a reflection on the institutionalization of Islamic law in Indonesia, highlighting the shift from a majority awareness of Islamic legal principles to their formal integration within a predominantly Western-based legal framework.

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