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M Yakub Aiyub Kadir
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Fakultas Hukum, Universitas Syiah Kuala Jl. Putroe Phang No.1 Darussalam, Banda Aceh 23111 Phone: 06517552295 Email: kanun.jih@usk.ac.id
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INDONESIA
KANUN: JURNAL ILMU HUKUM
Published by Universitas Syiah Kuala
ISSN : 08545499     EISSN : 25278428     DOI : https://doi.org/10.24815/kjih.v28i1.1019
Core Subject :
Kanun: 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 P-ISSN: 0854 – 5499 (print) 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 : -
Articles 20 Documents
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STRENGTHENING GLOBAL AIRWORTHINESS OVERSIGHT: AN INDONESIAN PERSPECTIVE ON ICAO STANDARDS AND CERTIFICATION ACCOUNTABILITY Ayu Nrangwesti; Amriyati; Wildani Angkasari
KANUN:JURNAL ILMU HUKUM Vol. 27 No. 3: December 2025: Law and Justice in the Era of Digital Transformation
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v27i3.130

Abstract

Airworthiness is a foundational element of civil aviation safety. Fatal accidents from 2018 to 2025 reveal weaknesses in supervision and negligence within the aircraft certification process. This article analyzes how airworthiness regulation and oversight failures across regulators, operators, manufacturers, and certification bodies, affect safety and accountability, including the adequacy of the International Civil Aviation Organization (ICAO) standards, national laws, and international obligations. Using a doctrinal research approach, the study inventories and interprets legal materials, systematizes themes, and evaluates compliance and gaps. The analysis finds widespread gaps at international, national, and delegated levels of oversight that undermine airworthiness and safety, highlighting the interaction among regulatory frameworks, corporate practices, and liability regimes. From these findings, the study proposes policy directions to strengthen independent oversight, minimize conflicts of interest in certification processes, and enhance overall aviation accountability. For Indonesia, in particular, the results call for a targeted reform agenda: harmonization of national regulations with ICAO Civil Aviation Safety Regulation (CASRs), robust surveillance and enforcement mechanisms, and greater transparency in airworthiness actions. Implementing these measures would advance Indonesia’s capacity to ensure safe, reliable air travel and contribute to global aviation safety.
CIRCUMVENTION CHALLENGES IN THE WAKE OF TRUMP’S TARIFF POLICIES: INDONESIA’S STRATEGIC RESPONSES Reza Pahlevi Chairul; Fuji Anrina
KANUN:JURNAL ILMU HUKUM Vol. 27 No. 3: December 2025: Law and Justice in the Era of Digital Transformation
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v27i3.132

Abstract

In the absence of a multilateral World Trade Organization (WTO) framework to regulate circumvention, many countries have pursued unilateral remedies by enacting domestic laws and applying anti-circumvention measures to imported goods. Circumvention, evading duties, undermines the effectiveness of trade remedy instruments designed to protect domestic industries from unfair practices and import surges. Anti-circumvention regulations are complex and vary among major WTO members, creating significant enforcement challenges. These challenges have become especially acute amid global trade uncertainty driven by tariff measures during the United State of America under president Trump administration, underscoring the urgent need for enhanced policy dialogue, particularly regarding Indonesian interests. This article identifies key challenges facing Indonesia and proposes strategic responses. Using a normative legal approach, it highlights the rising number of anti-circumvention investigations by the United States of America (USA), the European Union (EU)’s broadened measures to include investment in developing countries, and unilateral actions by trading partners. It also examines the growing risks for Indonesian domestic producers due to circumvention activities. The article recommends to fostering discussions on circumvention issues in multilateral, regional, and bilateral fora; strengthening cooperation with international authorities; reinforcing the domestic regulatory framework to address fraudulent practices such as transshipment and weak customs enforcement; and finally promoting proactive cooperation from Indonesian companies during anti-circumvention investigations. These steps can protect Indonesian industries, bolster policy coherence, and contribute to a more predictable global trading environment.
AUTOCRATIC LEGALISM AND THE DECLINE OF CONSTITUTIONAL COURT AUTONOMY IN INDONESIA Muhammad Anugerah Perdana
KANUN:JURNAL ILMU HUKUM Vol. 27 No. 3: December 2025: Law and Justice in the Era of Digital Transformation
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v27i3.133

Abstract

The consolidation of a dominant parliamentary–executive coalition in Indonesia from 2017 to 2022 illustrates how a populist democratic government can gradually drift toward authoritarianism. This shift has weakened institutional autonomy and contributed to a series of controversial judicial rulings on contested statutes during formal review in the Constitutional Court, including the Job Creation Law, the Constitutional Court Law itself, and the Mineral and Coal Law. This study examines how vulnerable Constitutional Court independence remains in the face of autocratic legalism concerning these laws. Employing a normative juridical method with a casuistic and comparative approach, and drawing on the experiences of Poland and Hungary, the paper evaluates the resilience of Constitutional Court independence under authoritarian legalism and its implications for Indonesia’s evolving constitutional order. This transformation did not occur through overt illegality but through legal deviations that strategically exploit loopholes within the constitutional framework. Autocratic legalism rests on three features: (1) the co-optation of parliamentary power by the ruling coalition, (2) violations of statutory and constitutional norms, and (3) the erosion of judicial independence. The third feature became evident following the enactment of Law No. 7 of 2020 on the Third Amendment to the Constitutional Court Law. The ratification of this legislation represented a calculated attempt by Parliament to constrain the Court, concealed within an extension of judicial tenure. This development poses a significant challenge to democracy and justice in Indonesia in the years to come
ASSESSING TRADITIONAL MEDICINE, HEALTH LAW, AND GLOBALIZATION IN INDONESIA: TOWARD ACCOUNTABILITY AND SAFEGUARDS Tengku Keizerina Devi Azwar; Princess Alyssa D. Tee-Anastacio
KANUN:JURNAL ILMU HUKUM Vol. 27 No. 3: December 2025: Law and Justice in the Era of Digital Transformation
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v27i3.134

Abstract

Traditional medicine, as part of Indonesia’s healthcare system, is a form of treatment distinct from modern medicine that aims to complement technological advances. This article analyzes changes in health law amid globalization and its relationship to traditional medicine within Indonesia’s legal framework, focusing on Law Number 17 of 2023 and its derivative instruments. This normative legal study emphasizes conceptual and legislative approaches. The findings indicate that regulation of traditional medicine as part of the globalizing health system has been addressed through the Health Law and Government Regulation on Traditional Health Services. However, legal certainty regarding the liability of traditional medicine and the protection of patient rights remains insufficient. Therefore, strengthening regulations, improving supervision, enhancing public education, and establishing a responsive dispute-resolution system are essential to protect patients while ensuring the continuity of traditional medicine. The regulation of traditional medicine in Indonesia possesses specific characteristics that may require special regulations or affirmative action to address liability for errors or shortcomings within the Health Law and related regulations. Consequently, it is necessary to bolster derivative regulations, intensify supervision, expand public education, and implement a responsive dispute-resolution framework to safeguard patients and sustain traditional medicine in the era of globalization. Revising the Health Law and related regulations to reflect the scientific development of traditional medicine and to ensure accountability for medical negligence, surveillance, and patient rights is a strategic step toward clearly delineating accountability mechanisms, operational standards, and patient-protection guarantees.
ASSESSING INDONESIA’S COMPLIANCE WITH INTERNATIONAL LAWS AGAINST MIGRANT SEAFARER FORCED LABOUR Markus Andre Mefiboset Simbolon; Davina Oktivana2
KANUN:JURNAL ILMU HUKUM Vol. 27 No. 3: December 2025: Law and Justice in the Era of Digital Transformation
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v27i3.136

Abstract

Despite the growing global consensus and establishment of numerous public international law instruments to combat forced labour practices, Indonesian migrant seafarers continue to suffer, especially at sea. Indonesia has ratified various international conventions against forced labour, while persistent practices highlight a contradiction between its international commitments and their practical implementation. This study therefore assesses Indonesia’s compliance through the ratification of key instruments, including human rights treaties such as the International Covenant on Civil and Political Rights (ICCPR); labour standards under International Labour Organization (ILO) Conventions No. 29 and No. 188; and provisions under United Nations Convention on the Law of the Sea (UNCLOS), employing a normative judicial review approach. The analysis identifies substantive gaps in Indonesia’s national legal framework, such as the absence of a clear forced labour definition, deficient inspection mechanisms for fishing vessels, and inadequate oversight of recruitment agencies. While Indonesia possesses full legal capacity as a coastal state, these gaps hinder state duties to properly address forced labour. The study concludes that legal reformation and additional ratification of ILO Protocol No. 29 and Convention No. 188 are necessary to strengthen international cooperation and enhance protection for Indonesian migrant seafarers.
STRENGTHENING THE AUTHORITY OF LAPS SJK IN RESOLVING DIGITAL TRANSACTION DISPUTES IN INDONESIA Adhitya Mizar Pranata; Sukarmi; Reka Dewantara
KANUN:JURNAL ILMU HUKUM Vol. 27 No. 3: December 2025: Law and Justice in the Era of Digital Transformation
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v27i3.137

Abstract

Digitalization in Indonesia’s banking sector has significantly transformed financial transaction mechanisms, particularly through the growing reliance on digital services. While this development expands access to financial products, it concurrently increases the likelihood of disputes involving customers, banks, and third-party providers. This study examines the effectiveness of Alternative Dispute Resolution (ADR), particularly the Alternative Dispute Resolution Institution for the Financial Services Sector (LAPS SJK), in addressing digital transaction disputes in Indonesia’s banking industry. Employing a normative juridical approach grounded in the relevant regulatory framework, this research demonstrates that ADR through LAPS offers substantial advantages as a fast, efficient, and relatively low-cost dispute resolution mechanism compared to litigation. Nevertheless, its implementation remains constrained by limited public awareness, misaligned consumer expectations, and the restricted authority of LAPS in ensuring compliance with its decisions. The study underscores the urgency of strengthening the regulatory framework to expand the authority of LAPS, including the imposition of sanctions on non-compliant parties and the comprehensive handling of consumer complaints arising from digital financial transactions.
NOTARIES AND THE DIGITAL ERA: VALIDITY OF ELECTRONIC DEEDS AND LEGAL PROTECTION IN INDONESIAN LAW Ami Raditya; Dodi Jaya Wardana; Intan Inayatun Soeparna; Faizal Kurniawan; Ghansham Anand; Mohammad Reevany Bustami
KANUN:JURNAL ILMU HUKUM Vol. 27 No. 3: December 2025: Law and Justice in the Era of Digital Transformation
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v27i3.138

Abstract

The advancement of information technology has driven significant transformations in legal practice, particularly in the implementation of notarial authority. A central issue arising from these developments concerns validity of electronic deeds and the guarantee of legal protection for the parties utilizing them. This article critically examined the validity of electronic deeds from the perspective of Indonesian positive law, with specific reference to Law Number 2 of 2014 concerning the Position of Notary (UUJN); and the legal protection for parties in civil legal relations expressed through electronic deeds. Employing a normative juridical methodology, this article integrated both statutory and conceptual approaches. The results of the analysis revealed that although the Law on the Position of Notary still emphasized the form of authentic deeds in writing and physically signed, regulatory developments in the field of information technology, particularly Law Number 11 of 2008 concerning Electronic Information and Transactions and its amendments, have opened up space for the recognition of electronic documents and signatures as valid evidence. However, inconsistencies between these regulations and the norms in the UUJN, thus raising doubts regarding the legality of electronic deeds as authentic deeds. Moreover, ensuring legal protection for parties using electronic deeds must be ensured by guaranteeing the authenticity, integrity, and confidentiality of electronic documents. Consequently, notaries, as public officials, are required to adapt their authority to technological developments, including the use of certified electronic signatures, digital security systems, and online verification mechanisms.
STATE RESPONSIBILITY AND CONSTITUTIONAL PROTECTION OF PERSONAL DATA IN INDONESIA: ADDRESSING DIGITAL CHALLENGES Wa Ode Reni; Syahbudin; Abdul Halim Momo
KANUN:JURNAL ILMU HUKUM Vol. 27 No. 3: December 2025: Law and Justice in the Era of Digital Transformation
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v27i3.139

Abstract

The rapid expansion of Indonesia’s digital ecosystem has intensified internet usage across public services, commerce, and governance, yet it has also exposed the country to critical risks of personal data misuse. Indonesia remains particularly vulnerable due to uneven cybersecurity capacity, fragmented data governance, and limited enforcement of existing regulations. These weaknesses amplify the potential for cross-border data breaches and undermine public trust in state institutions. This study analyzes personal data protection as a constitutional right and evaluates the Indonesian state’s responsibility to safeguard this right amid growing digital challenges. Employing a normative legal method with statutory, conceptual, and comparative approaches, the research reveals that while Indonesia’s constitutional and statutory frameworks, anchored in Pancasila, Article 28G(1) of the 1945 Constitution, and the 2022 Personal Data Protection Law, form a strong normative basis, their practical implementation remains inconsistent. Comparative analysis with jurisdictions such as the European Union and South Korea highlights Indonesia’s institutional weaknesses, particularly in regulatory coordination, public awareness, and sanction mechanisms. This study recommends adopting explicit safeguards inspired by the EU General Data Protection Regulation (GDPR), such as stricter breach-notification duties, independent supervisory authority, and mandatory data-protection impact assessments, while strengthening Indonesia’s digital infrastructure and enforcement mechanisms to ensure the state’s constitutional responsibility for personal data protection is effectively fulfilled in the digital era.
ASSURING WORSHIP ACCURACY: ENGAGING CLASSICAL ISLAMIC JURISPURDENCE AND MODERN FALAK SUDIES Pepep Puad Muslim
KANUN:JURNAL ILMU HUKUM Vol. 27 No. 3: December 2025: Law and Justice in the Era of Digital Transformation
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v27i3.141

Abstract

The study analyses classical and contemporary literature to identify areas of convergence and tension between hisab (astronomical calculation) and rukyat (empirical observation) as two complementary methodologies in Islamic astronomy (‘ilm al-falak), and examines how Islamic jurisprudence (fiqh) can harmonize both approaches to ensure the accuracy and unity of Muslim worship practices. The central issue addressed is the epistemological gap between traditional fiqh, which normatively emphasizes rukyat as the textual command of the Prophet, and modern astronomy, which prioritizes the precision of hisab through scientific computation. This integration is urgently needed to preserve the kesatuan ummah (unity of the Muslim community) and to enhance the legitimacy and consistency of worship times, Qibla direction, and Hijri calendar determination. Methodologically, this research employs a qualitative–normative design with an interdisciplinary framework that combines fiqh principles, particularly the legal maxim taghayyuru al-ahkam bi taghayyuri al-azman wal-amkinah (laws may change due to time and place), with the empirical logic of modern astronomy. The findings reveal that integrating hisab and rukyat under a jurisprudential framework not only maintains the normative integrity of Islamic law but also reinforces scientific accuracy and social cohesion in religious observances. This paper proposes an operational model of fiqh al-falak al-mu‘āṣir (contemporary astronomical jurisprudence) that bridges tradition and modernity, ensuring that Islamic astronomical practices remain both legally valid and scientifically precise.
COMPARATIVE LEGAL REGULATION AND ENFORCEMENT OF SKIMMING CRIMES IN INDONESIA AND THE UNITED STATES OF AMERICA Dian Eka Kusuma Wardani; Raodiah Raodiah; Indarahayu M. Umar Gazali; Dinara F. Abdunayimova
KANUN:JURNAL ILMU HUKUM Vol. 27 No. 3: December 2025: Law and Justice in the Era of Digital Transformation
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v27i3.142

Abstract

The rapid development of cybercrime as a form of digitally based criminal activity, including skimming, has increased significantly. Skimming is a criminal act that exploits technological advancements with the primary objective of data theft, most commonly occurring within the banking sector. This article examines and compares the legal regulation and enforcement of skimming crimes in Indonesia and the United States of America (USA), highlighting both similarities and differences between the two jurisdictions. This study employs normative legal research, emphasizing conceptual, comparative, and statutory approaches. The findings indicate that the regulation and enforcement of skimming crimes in Indonesia and the USA differ substantially due to variations in their legal systems and the readiness of law enforcement institutions. Indonesia continues to rely on general legal instruments, such as the Electronic Information and Transactions Law (UU ITE) and the Criminal Code, whereas the USA has implemented more specific and comprehensive regulations. These are supported by a flexible common law system, advanced law enforcement infrastructure, robust technological capabilities, and specialized institutions, resulting in more effective and efficient handling of skimming crimes. Consequently, future regulatory and law enforcement efforts in Indonesia should prioritize the development of a legal framework that is adaptive and responsive to the evolving nature of cybercrime, alongside strengthening human resources, enhancing law enforcement technology, and fostering cross-sectoral and international cooperation.

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