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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 490 Documents
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LEGAL INTERPRETATION AND JUSTICE: ANALYZING COURT DECISIONS IN DRUG-RELATED DIVORCE CASES IN BANDA ACEH Iqbal, Muhammad; Abbas, Syahrizal; Hanapi, Agustin
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.v27i2.44968

Abstract

This article analyses the decision-making processes of Banda Aceh Syariah Court judges in divorce cases related to drug abuse. By examining the elements of judicial deliberation and the types of legal interpretation employed, the study highlights how different interpretative approaches influence court rulings. The normative research methodology, utilizing statutory, conceptual, and case approaches, ensures a thorough understanding of legal principles and their application in specific cases. Data collection through documentation and interviews with judges, clerks, and legal experts provides valuable insights into judicial reasoning and practical considerations. The findings indicate that discrepancies in court decisions primarily stem from varying interpretations of key evidentiary elements, such as witness testimony, the petition (petitum), pragmatic considerations, and laboratory evidence of narcotics. The use of authentic interpretation, especially grammatical interpretation, demonstrates the judges effort to adhere to the original text and intent of Islamic law. The employment of analogical interpretation reflects an adaptive approach to address complex issues like drug abuse, ensuring that decisions are both legally sound and contextually relevant.The study affirms that these interpretative methods align with Islamic legal principles, particularly the concepts of maslahat (public interest) and mafsadat (harm), which serve as guiding criteria in legal reasoning. By integrating juridical, philosophical, and sociological perspectives, the judges decisions exemplify a holistic approach to justice that balances legal consistency with societal needs. This nuanced understanding underscores the importance of interpretative flexibility within Islamic jurisprudence to effectively address contemporary issues.
LEGAL AMBIGUITIES AND JUDICIAL DISCRETION IN CHILD MARRIAGE DISPENSATION IN ACEH PROVINCE: LEGAL CERTAINTY AND HUMAN RIGHTS IMPLICATIONS Zulfiani, Zulfiani; Krisna, Liza Agnesta; Fitriani, Rini; Fatimah, Fatimah
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.v27i2.40252

Abstract

This article examines the conditionality and dispensation of child marriage in Aceh, focusing on the effectiveness of article 7(2) of Law Number 16 of 2019, as well as the considerations of Sharia Court judges when granting marriage dispensation. Using a juridico-empirical approach, the research gathers data through interviews and documentation analysis. The findings reveal that Law No. 16/2019 does not clearly define what constitutes a "very urgent reason" or the supporting evidence required. Judges decisions are based on juridical and sociological considerations, balancing legal certainty with social realities. However, the practice of granting dispensations for child marriage raises significant human rights concerns. These include the potential violation of children's rights to protection, education, and development, as child marriage often results in early pregnancy, limited educational opportunities, and increased vulnerability to exploitation and abuse. The study recommends that legislators and the government develop regulations or guidelines that clearly define "extremely urgent reasons," including specific indicators and criteria. This would enhance legal certainty and ensure consistent application of the law, thereby better safeguarding children's rights. This article underscores the importance of precise legal definitions and judicial discretion in implementing child marriage laws effectively, with the ultimate goal of safeguarding children's rights, promoting gender equality, and preventing human rights violations associated with child marriage.
IMPLEMENTING RESTORATIVE JUSTICE IN JUVENILE NARCOTICS CASES IN INDONESIA: ROLES, CHALLENGES, AND OPPORTUNITIES Rubianti, Ni Kadek Sri Novi Wirani; Gorda, A.A.A. Ngurah Tini Rusmini; Nutakor, Briggs Samuel Mawunyo
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.v27i2.45040

Abstract

This study analyzes the implementation of restorative justice in juvenile criminal cases involving narcotics and psychotropic substances in Indonesia, focusing on the roles of law enforcement officers, families, and communities. Employing a normative legal research method, the study utilizes statutory, conceptual, and case approaches. The findings indicate that the application of restorative justice in such cases offers a recovery-oriented solution rather than punishment, as regulated by the Juvenile Criminal Justice System Law (UU SPPA) and the Narcotics Law. Through diversion mechanisms, juveniles involved in narcotics abuse can undergo rehabilitation without undergoing a criminal justice process that could adversely affect their future. This process involves collaboration among law enforcement officers, families, and communities, where law enforcement facilitates rehabilitation, families provide emotional support and guidance, and communities work to eliminate stigma, enabling juveniles to return to school or normal activities. However, challenges remain, including limited rehabilitation facilities, a lack of understanding among law enforcement officers regarding restorative justice principles, and persistent social stigma against juveniles involved in narcotics cases. Therefore, enhancing the capacity of law enforcement personnel and developing child-friendly rehabilitation facilities are essential steps to ensure the effective implementation of restorative justice within the juvenile criminal justice system.
SHARIA COMPLIANCE IN ISLAMIC BANKING IN INDONESIA: LEGAL CHALLENGES AND OPPORTUNITIES IN THE DIGITAL AGE Nasution, Emmi Rahmiwita
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.v27i2.41941

Abstract

Although the adoption of technologies such as blockchain, artificial intelligence, and mobile banking is progressing rapidly, significant challenges remain in ensuring that these innovations comply with Sharia principles while building customer trust. This study is driven by regulatory gaps in accommodating digital transactions, particularly electronic contracts, data protection, and cross-border services within the framework of Sharia compliance. This study examine the legal challenges and opportunities arising from digital transformation in Islamic banking, focusing on the extent to which existing laws, including Law No. 21/2008, DSN MUI fatwas, and OJK regulations, can support innovation. Using a normative juridical approach through literature review and legal analysis, this study hypothesizes that strengthening regulatory clarity and encouraging collaboration between regulators, financial institutions, and technology providers is crucial to maintaining Sharia-compliant digital finance. The findings show that although digital technology improves efficiency and inclusion, its effectiveness depends on the development of flexible regulations and customer trust in Sharia-compliant digital products. This provides practical recommendations for policymakers and Islamic financial institutions to balance innovation with Sharia compliance, thereby positioning Indonesia as a potential leader in global Islamic digital finance.
THE CONSTITUTIONAL COURT RULING ON THE AUTHORITY OF DSN-MUI IN ISLAMIC FINANCIAL INSTITUTIONS IN INDONESIA Supyadillah, Asep; Nurhasanah, Nurhasanah; Putri, Novita Akria
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.v27i2.46285

Abstract

The authority of the National Sharia CouncilIndonesian Ulema Council (DSN-MUI) in issuing fatwas in the field of Islamic finance is often perceived as problematic in terms of the legitimacy of MUI as the authorized body to determine sharia aspects within the national legal system. This issue is reflected in Decision Number 65/PUU-XIX/2021 regarding the judicial review of Law Number 21 of 2008 on Sharia Banking and Decision Number 100/PUU-XX/2022 concerning the judicial review of Law Number 19 of 2008 on State Sharia Securities (SBSN), both of which challenge MUIs position in issuing sharia fatwas. This study employs a doctrinal method with a philosophical approach and the analysis of the theory of the positivization of law. This approach is used to examine how philosophical foundations and the construction of positive law place DSN-MUI within the structure of legal authority in Indonesia. The findings show that the Constitutional Court consistently rejected the petitioners claims and affirmed the status of MUI as the legitimate Islamic religious authority responsible for ensuring legal certainty in the administration of Islamic finance. This strengthens the legitimacy of DSN-MUI in both sharia banking and SBSN instruments and highlights its role in harmonizing religious norms with positive law. This clarifies the position of DSN-MUI within Indonesias legal system while providing an academic foundation for the development of Islamic finance regulations that are more certain, integrated, and aligned with both legal practice and national legal development.
LEGAL AND POLICY FORMULATION FOR COMMUNITY POLICING IN CURBING CRIME IN NIGERIA Ekpenisi, Collins; Aidonojie, Paul Atagamen; Okonji, Ifesinachi Charles; Okpoko, Mercy; Eregbuonye, Obieshi
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.v27i2.45944

Abstract

Given the rise of community policing, crime prevention and control strategies have become similar across different jurisdictions. However, in Nigeria, effective community policing has yet to be realized due to the absence of a comprehensive legal and policy framework. This study examines the legal and policy mechanisms necessary to institutionalize community policing as a tool for reducing crime in Nigeria, comparing them with best practices from other countries and global standards. It addresses key issues such as an ineffective policing system, mistrust between the police and the public, inadequate legal structures, and inconsistent policy directives. The study proposes a structured legal and policy framework to strengthen community policing and enhance public safety. Employing a doctrinal research approach, the study critically analyzes relevant laws, policies, and international best practices, supplemented by empirical data from selected Nigerian communities. It also offers a comparative evaluation of countries with varying levels of community policing success, drawing valuable insights. The research identifies significant gaps in legal partnerships and coordination, as well as diminished community ownership resulting from distrust and lack of transparency. Consequently, establishing a strong legal and policy foundation is crucial for formalizing and operationalizing community policing in Nigeria. The study recommends enacting a comprehensive Community Policing Act, enhancing stakeholder capacity, and fostering civic engagement to build mutual trust and cooperation between law enforcement agencies and local communities.
HEALTH INSURANCE MEMBERSHIP IN INDONESIAN LAND TRANSFERS: A REVIEW OF LEGAL AND POLICY IMPLICATIONS Sunarno, Sunarno; Rahmania, Mar'atush Shalehah
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.v27i2.33159

Abstract

The enactment of Presidential Instruction Number 1 of 2022, on Optimizing the Implementation of the National Health Insurance Program, introduces a requirement for proof of National Health Insurance (BPJS Kesehatan) participation from all citizens during land rights transfers. This study examines the legal implications of this instruction, focusing on its validity, relevance, and social impact on public access to land rights. Employing a doctrinal approach, the research involved legal document reviews, policy analysis, and interviews with relevant stakeholders. The findings indicate that mandating BPJS membership as a condition for land transfer registration is legally invalid, irrelevant, and conflicts with Indonesias constitutional hierarchy. This inconsistency leads to legal uncertainty and undermines the principle of orderly regulation, creating overlapping regulations, unclear authority between the National Land Agency (BPN) and BPJS Kesehatan, and potential institutional conflicts. It increases administrative burdens that could restrict citizens access to legitimate land rights. Overall, the study argues that this instruction risks undermining legal hierarchy and good governance principles, which could adversely affect public access to land and hinder effective policymaking. It highlights the importance of understanding Indonesias legislative hierarchy to prevent policies from disrupting existing legal structures. To mitigate these issues, it is recommended that the government revise Presidential Instruction Number 1 of 2022, ensuring alignment with legislative hierarchy, and foster dialogue and collaboration among relevant institutions for the development of comprehensive, non-conflicting policies.
COMPARATIVE LEGAL FRAMEWORK ON FOERIGN WORKERS REGULATION: INDONESIA AND THE DEMOCRATIC REPUBLIC OF CONGO Gede Pramantara, Komang; Mas Tri Wulandari, Ni Gusti Agung Ayu; Iguma Wakenge, Claude
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.v27i1.51794

Abstract

Foreign workers are an unavoidable global phenomenon, although for developing countries, they can pose challenges related to the availability of jobs related to the local workforce. This study analyzes the comparative legal framework for regulating foreign workers between Indonesia and the Democratic Republic of the Congo. This research is a normative legal study with a conceptual, comparative, and legislative approach. The results emphasize the urgency of regulating foreign workers in developing countries, to achieve proportional and equitable arrangements between the national interests of a country (in this case, local workers) and foreign workers, thereby ensuring fairness, certainty, and benefits. Based on a comparison of the laws regulating foreign workers in Indonesia and the Democratic Republic of the Congo, it can be concluded that Indonesia has a more comprehensive, structured, and normative regulatory framework, while the Democratic Republic of the Congo relies more on pragmatic work permit and visa mechanisms. This study recommends that the regulation of foreign workers in both countries should function not only as an administrative tool and investment attraction, but also as an equitable and responsive instrument to global labor dynamics, contributing to strengthening the rule of law and building national workforce capacity in the context of developing countries facing current economic challenges.
FREEDOM OF CONTRACT AND STATE INTERVENTION IN INDONESIA AND SUDAN: FOREIGN INVESTMENT LAW PERSPECTIVE Pradnya Radjani, Ni Wayan Julia; Agus Kurniawan, I Gede; Fathi Aboalela, Nahi Hashim
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.v27i1.51793

Abstract

This study examines the relationship between freedom of contract and state intervention within the framework of foreign investment law in Indonesia and Sudan, focusing on how both countries balance legal certainty for investors with the protection of national interests. Employing a normative legal research method with comparative and conceptual approaches, this study analyzes primary legal sources, i.e. the 1945 Constitution of Indonesia, Sudans Investment Promotion Act (2021), and relevant investment regulations, alongside secondary sources including academic literature and economic policy documents. The findings reveal that Indonesia adopts a regulated freedom model, where the principle of contractual autonomy is recognized insofar as it aligns with the constitutional mandate of Article 33 of the 1945 Constitution through the doctrine of State Control Rights (Hak Menguasai Negara, HMN). State intervention is implemented under the Right to Regulate framework, particularly through strategic sector restrictions and the industrial downstreaming (hilirisasi) policy designed to ensure domestic value creation. Conversely, Sudan applies a value-based freedom model rooted in Islamic law, in which contractual freedom is constrained by the principles of Hisbah and prohibitions against riba (usury), gharar (uncertainty), and maysir (speculation). The legitimacy of Sudans intervention also derives from post-conflict reconstruction needs and the imperative to safeguard economic stability. The comparative analysis demonstrates that although their philosophical foundations differ, both countries reject the notion of absolute contractual freedom and reaffirm that state sovereignty remains a fundamental element in their investment law regimes. This research emphasizes the importance of a socially responsible freedom model as a convergence point between national investment law and the evolving global economic legal order.
NORMATIVE GAPS IN EMPLOYMENT RIGHTS PROTECTION WITHIN CIVIL SERVICE CONTRACTS IN DIVORCE DISPUTES: A COMPARATIVE STUDY OF INDONESIA AND HUNGARY Saputro, Rizqi Hadi; Sudharma, Kadek Januarsa Adi; Lukcs Nikolet, Talabos Dvidn
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.v27i1.51778

Abstract

This article analyzes a normative gap in the protection of civil servant contracts during divorce disputes by conducting a comparative study between Indonesia and Hungary. This study is normative legal research with a conceptual, comparative, and legislative approach. This article affirms that the issues surrounding the protection of employment rights in civil servant contracts during divorce disputes reveal normative gaps due to the disharmony between legal regimes, particularly between employment law and family law, as well as the weak integration between judicial decisions and administrative implementation. These conditions result in the absence of a clear and uniform mechanism for the implementation of post-divorce economic rights, leading to variations in practices that culminate in legal uncertainty and potential injustice for the parties involved. Through a comparative legal approach between Indonesia and Hungary, this study finds that the difference in the construction of the relationship between the private and public spheres significantly affects the level of labor rights protection, where Indonesia tends to be interventionist (over-regulation), while Hungary emphasizes a clear separation (under-regulation) with stronger individual rights protection. This research emphasizes the need for a reformulation of legal policies that balance institutional interests and private rights through the principles of proportionality, justice, and strengthening implementation mechanisms, to create a more effective, consistent, and substantively just system of labor rights protection in the context of divorce disputes for Civil Servants (PNS).

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