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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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NAVIGATING REGULATORY CHALLENGES: ENHANCING BMT'S ROLE IN INDONESIA'S MICROFINANCE LANDSCAPE Ramziati; Faisal; Elidar Sari; Layla Tunnur; Laila M. Rasyid
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.v27i3.143

Abstract

Baitul Mal Wat Tamwil (BMT) has emerged as a vital player in Indonesia's economic landscape, offering Sharia-compliant microfinance solutions to small and micro-entrepreneurs. However, BMTs face significant challenges due to overlapping regulations and a lack of comprehensive support in promoting financial inclusion and fostering community welfare. These issues are intricately tied to several legal frameworks, including Law Number 1 of 2013 concerning Microfinance Institutions (LKM), Law Number 21 of 2011 concerning the Financial Services Authority, Law No. 25 of 1992 concerning Cooperatives, and Law Number 23 of 2011 concerning Zakat Management. This article employs a doctrinal approach to explore the regulatory obstacles hindering BMTs' development within the Indonesian legal framework. The findings indicate a pressing need for BMT regulations to be rooted in the cooperative legal structure, while simultaneously acknowledging its distinct financing functions under Law No. 1 of 2013 concerning Microfinance Institutions. By aligning BMT regulations with these legal principles, it will be possible to enhance their operational effectiveness and better support their mission of financial inclusion and community development, to empower BMTs to fulfill their significant potential in driving economic growth and improving the livelihoods of underserved populations in Indonesia.
HARMONIZING LEGAL PLURALISM IN JUVENILE JUSTICE: A SYNERGISTIC REHABILITATION MODEL FOR ACEH’S LPKS AND LPKA Liza Agnesta Krisna; Rini Fitriani; M. Iqbal Asnawi; Muhammad Iqbal
KANUN:JURNAL ILMU HUKUM Vol. 28 No. 1: April 2026: The Global and National Challenges for Justice
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v28i1.163

Abstract

This study examines the imperative for a synergistic rehabilitation model between Social Welfare Organizing Institutions (LPKS) and Juvenile Special Development Institutions (LPKA) for children in conflict with the law (CICL) within Aceh’s unique pluralistic legal framework. The article  addresses how institutional fragmentation characterized by overlapping functions and inconsistent approaches between the social welfare and penal systems undermines the effectiveness of child rehabilitation. Using a normative-empirical method, the study combines a rigorous analysis of national legislation, such as Law No. 11 of 2012, with field findings from observations and interviews conducted across multiple judicial and social institutions in Aceh.The results reveal significant systemic gaps in inter-agency coordination, legal harmonization, and continuity of care between pre- and post-adjudication stages. In response, this study proposes a six-dimensional integrative model focused on legal alignment, institutional strengthening, scalability, and implementation planning. This model emphasizes the development of integrated data systems and shared standard operating procedures to ensure seamless case management. The findings suggest that a child-centered, restorative justice approach, firmly grounded in the principles of maqashid shariah, can reconcile the tensions between national child protection standards and Aceh’s autonomous Qanun system. By prioritizing the best interests of the child and social reconciliation (islah), this model provides a practical framework for sustainable reintegration, to improve institutional coordination and ensure a more holistic, culturally sensitive juvenile justice system.
FROM RETRIBUTION TO RESTORATION: INTEGRATING BANKRUPTCY MECHANISMS INTO INDONESIAN CORPORATE CRIMINAL LIABILITY Ricki Pratama; Yuliati Yuliati; Abdul Madjid
KANUN:JURNAL ILMU HUKUM Vol. 28 No. 1: April 2026: The Global and National Challenges for Justice
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v28i1.253

Abstract

The ineffectiveness of existing mechanisms for recovering victim losses has been contested in Indonesian criminal law. The New Criminal Code stipulates additional penalties like compensation; however, there is a lack of clear execution guidelines, often resulting in "non-executable" judgments, especially in complex cases with numerous victims. This article addresses the question of how to reconceptualize corporate criminal liability to prioritize the tangible restoration of victim losses through alternative legal instruments. Using a normative juridical method with a conceptual and case-based approach, the study analyses the current legal framework and relevant judicial precedents, such as the First Travel case. The findings reveal that compensation ordered in a final criminal judgment can be legally qualified as a "due and payable debt," thereby fulfilling the requirements of the Bankruptcy and Suspension of Debt Payment Obligation (PKPU) Law (Act 37/2004). By positioning the bankruptcy process as a post-conviction executive mechanism, the state or victims can act as preferred creditors, allowing for the collective and centralized management of corporate assets under court supervision. This study contributes to knowledge lies in the formulation of a victim-oriented corporate criminal liability model that shifts the legal paradigm from a retributive approach to a restorative one. This reconceptualization ensures that corporate liability serves as a functional instrument for ensuring justice through the actual recovery of losses rather than relying on ineffective substitute penalties.
ENHANCING CORPORATE SOCIAL RESPONSIBILITY IN INDONESIA: ALIGNING WITH PANCASILA FOR SOCIAL JUSTICE Jejen Hendar
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.v27i3.286

Abstract

Corporate Social Responsibility (CSR) is increasingly recognized as a fundamental obligation for companies in Indonesia, closely aligned with the principles of social justice as outlined in Pancasila. Despite this recognition, various challenges persist. The Pancasila framework provides a valuable basis for CSR practices that embody the values of Indonesian society. This study employs a qualitative research approach, gathering data through a comprehensive review of relevant laws and regulations, alongside secondary sources such as books, journals, and research findings. The implementation of CSR regulations encounters several obstacles, underscoring the urgent need for clearer guidelines and robust enforcement mechanisms, including mandatory disclosure in annual reports. Our findings indicate that CSR initiatives often overlook environmental considerations, are hindered by vague implementing rules, and offer crucial insights for companies to preempt regulatory shortfalls. This article stresses the imperative for corporations to address their CSR obligations in ways that foster social justice and benefit local communities. Incorporating Pancasila principles into CSR strategies is essential for their effective realization in Indonesia.
ONLINE GAMBLING AND FAMILY RESILIENCE: ISLAMIC FAMILY LAW IN BOJONEGORO REGENCY, INDONESIA Khurul Anam; Lisa Aminatul Mukaromah; Vesti Dwi Cahyaningrum; Windawati Laily Nuraini
KANUN:JURNAL ILMU HUKUM Vol. 28 No. 1: April 2026: The Global and National Challenges for Justice
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v28i1.343

Abstract

The rapid growth of online gambling has emerged as a structural threat to family resilience in Indonesia. This article investigates online gambling as a primary catalyst for marital breakdown through the lens of Islamic Family Law, specifically questioning its impact on family stability and the fulfilment of child protection rights. The study utilizes a normative-empirical juridical method, integrating the analysis of Islamic legal norms, such as the Qur'an, Hadith, and the Compilation of Islamic Law (KHI), with empirical data and evidentiary practices from the Bojonegoro Religious Court. Findings indicate that online gambling is prohibited as maisir and constitutes a fundamental violation of the husband’s obligations as qawwam (leader and protector), particularly regarding financial maintenance (nafkah). Furthermore, the study reveals that courts are adopting a progressive legal interpretation of Article 116 letter (f) KHI by accepting digital evidence, such as betting histories and transaction screenshots, to prove the persistent conflict necessary for divorce. The article contributes to legal knowledge by offering a replicable normative-empirical framework for jurisdictions facing digital-era family law challenges. It shifts academic focus from general gambling to the specific, addictive nature of online platforms and provides a basis for legal reform, including mandating psychological counselling for digital addiction within court mediation processes. This study underscores that protecting family resilience requires an integrated approach of legal, social, and religious enforcement.
FROM NORMATIVE COMMITMENT TO EFFECTIVE ACCOUNTABILITY: RECONSTRUCTING STRUCTURAL REMEDIES FOR CORPORATE CRIMINAL LIABILITY IN INDONESIA Tumian Lian Daya Purba; Silvester Magnus Loogaman Palit; Ali Rahman; Yassine Chami
KANUN:JURNAL ILMU HUKUM Vol. 28 No. 1: April 2026: The Global and National Challenges for Justice
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v28i1.532

Abstract

Indonesia’s corporate criminal liability has transitioned from fragmented sectoral laws to general codification under the New Criminal Code (Law 1/2023) and Law 1/2026. Despite this legal context, a significant legal gap remains: a persistent "operational deficit" leading to systemic under-enforcement. Standard fines are frequently internalized as business costs, while law enforcement remains "actor-centered," prioritizing individual executives over the criminogenic corporate architecture. This study addresses the central question of how to reconstruct the Indonesian liability regime to move from formal normative commitment to effective, practical accountability. Employing normative juridical methods with statutory, conceptual, and comparative approaches, the research analyzes attribution models and restorative justice mechanisms. Findings indicate that effective accountability requires a shift toward an organization-centered model that targets internal governance. Proposed reforms include structural remedies, such as compliance-based corporate probation, disgorgement of unlawful gains, and mandatory ecological restoration, implemented through a "Dual Track System". Furthermore, this article highlights the necessity of procedural innovations like Deferred Prosecution Agreements (DPAs) and the enforcement of successor liability to prevent impunity during corporate restructurings. This article contribute  to prescriptive ius constituendum model that links corporate fault to proportional, remedial sanctions. By addressing inherent power imbalances and refining technical attribution standards, this framework provides a pathway for Indonesia to achieve a practically deterrent and restorative corporate liability regime.
DIGITAL FREEDOM OF EXPRESSION: COMPARATIVE LEGAL MODELS IN INDONESIA, CHINA, AND UNITED STATES OF AMERICA Andes Robensyah
KANUN:JURNAL ILMU HUKUM Vol. 28 No. 1: April 2026: The Global and National Challenges for Justice
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v28i1.848

Abstract

The rapid evolution of digital technology has made freedom of expression a critical transnational issue, yet a legal gap exists in how national implementations diverge from uniform international standards like the International Convention on Civil and Political Rights (ICCPR). Previous research often lacks a cross-border perspective, leaving a void in understanding how contrasting political philosophies impact digital rights. This study addresses the question of how digital expression is governed under three distinct legal ideologies: the constitutional democratic, digital authoritarian, and constitutional liberal models.Using comparative legal research methods, the study analyzes the legal frameworks, norms, and practices of Indonesia, China, and the United States of America (USA). Key findings reveal that Indonesia employs a mixed model; while the 1945 Constitution guarantees rights, the ITE Law has historically caused a "chilling effect" through vague defamation articles. However, recent 2024–2025 Constitutional Court rulings have narrowed these norms to protect criticism of government agencies. China adheres to a restrictive model centered on "cyber sovereignty" and national stability, using the Cybersecurity Law and selective censorship to suppress collective social mobilization. In contrast, the USA follows a maximalist approach rooted in the First Amendment and Section 230 platform immunity, which protects broad freedom but creates a dilemma regarding unchecked disinformation.This article contributes a cross-jurisdictional analysis that transcends domestic mapping. It provides practical value for policy reform, suggesting that Indonesia can find a democratic balance by learning from the strengths of the American liberal model and the pitfalls of the Chinese control approach.
UNILATERAL CONTRACTUAL TERMINATION AND DISPUTE RESOLUTION IN INDONESIA’S CONSTRUCTION PROJECT AND PUBLIC PROCUREMENT Della Kristina; Tjempaka
KANUN:JURNAL ILMU HUKUM Vol. 28 No. 1: April 2026: The Global and National Challenges for Justice
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v28i1.1019

Abstract

This study analyzes the complexities of contractual disputes and termination mechanisms in Indonesia’s construction and public procurement sectors. It identifies unilateral termination and payment delays by government entities as often unlawful acts that leave contractors in a vulnerable bargaining position. The research contrasts litigation options in district and administrative courts with alternative dispute resolution (ADR) methods such as mediation and arbitration, highlighting the varying pathways for enforcement and relief. Study adopts a normative juridical approach, relying on statutory texts, case law, doctrinal discussions, and academic literature. It emphasizes comparative insights where relevant to Indonesian practice and integrates doctrinal analysis with practical considerations from project governance and procurement processes. This `article offers a balanced contractual protection model consisting of three main components: standardization of national construction contract clauses, which regulate the obligation to provide compensation and clarification mechanisms before contract termination is carried out; establishment of a construction contract mediation institution, which is independent, fast, and affordable in terms of cost, to be an effective alternative before resorting to arbitration; and reform of national contractual law, through the adoption of the principles of good faith and equitable remedies. This model is expected to be able to close the gap between law in books and law in action, and ensure that every construction contract is implemented with the principles of fairness, transparency, and shared responsibility.
LEGAL CERTAINTY AND LAND RIGHTS CONFLICT: A NORMATIVE-EMPIRICAL STUDY OF SULTANATE LAND UTILIZATION IN YOGYAKARTA Wah Idna Aminudin; Muhammad Farid Alwajdi
KANUN:JURNAL ILMU HUKUM Vol. 28 No. 1: April 2026: The Global and National Challenges for Justice
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v28i1.1126

Abstract

This study examines the legal issues surrounding land use rights in the Special Region of Yogyakarta, focusing on the tension between regional autonomy over Sultanate land and national agrarian principles. The problem raised centers on a significant legal gap at Gesing Beach, where residents utilized land for decades without formal serat kekancingan permits. This administrative void created legal uncertainty and vertical conflict when the government reclaimed the land for a Fish Landing Base (PPI) project, resulting in the loss of local livelihoods. Employing a normative-empirical method, this article analyzes legal norms, specifically Regional Regulation No. 1 of 2017, alongside qualitative data gathered through interviews and observations. The findings indicate that the principles governing Sultanate land have not been fully or consistently applied, leading to poorly established legal relationships. This study reveals that state developmental interests often sidelined individual rights, with mediation efforts perceived as inadequate in addressing community demands for fair compensation. This article contributes to understand on how "local wisdom" and asymmetric decentralization must be integrated into transparent, participatory governance. It advocates for community oriented governance and proposes that agrarian conflict resolution be rooted in local culture, utilizing conciliation and negotiation, to ensure social justice and economic recovery for affected citizens are prioritized alongside regional development.
CONSTITUTIONAL MODEL OF RELIGIOUS RECOGNITION: A COMPARISON OF INDONESIA, AMERICA, GERMANY, MALAYSIA, IRAN, AND SAUDI ARABIA Iman Pasu Marganda Hadiarto Purba; Thohir Luth; Tunggul Anshari Setia Negara; Nur Chanifah
KANUN:JURNAL ILMU HUKUM Vol. 28 No. 2: August 2026: Constitutional Law and Global Development
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v28i2.2328

Abstract

The recognition of religion by the state has prompted constitutional questions across diverse jurisdictions. This article analyzes the constitutional model of religious recognition in six countries, i.e. Indonesia, Germany, Malaysia, the United States, Iran, and Saudi Arabia. It adopts conceptual analysis and comparative constitutional law to conduct normative legal research. The primary materials consist of constitutions, laws, and regulations that govern state–religion relations. A functional comparative technique is employed to qualitatively examine the legal elements and their interconnections. The study’s findings show that models of religious recognition are shaped by the character of state–religion relations and by the legal systems each country adopts. No country presents an identical model of religious recognition, reflecting inherent structural differences in constitutional design. Constitutional forms of religious recognition are influenced by each country’s pattern of state–religion interaction, constitutional ideology, and legal tradition. There is no universal constitutional model of religious recognition that fits all contexts. Instead, each framework demonstrates how state ideology, legal culture, constitutional design, and the historical relationship between religion and the state converge to produce unique regimes.

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