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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 26 Documents
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REFRAMING RELIGIOUS OFFENCES IN INDONESIA: HATE SPEECH, HUMAN RIGHTS, AND IUS INTEGRUM NUSANTARA Ikhsan Lubis; Hermawati Parinduri; Duma Indah Sari Lubis; Andi Hakim Lubis
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.v28i2.1351

Abstract

Indonesia’s new Criminal Code entered into force together with the 2026 Penal Adjustment Law, materially altering the architecture of religious offences. Article 300 now directs hostility, hatred, and incitement provisions toward persons or groups on religious or belief grounds rather than religion as an abstract object. Yet the reform remains internally uneven: the first two limbs of Article 300 do not expressly require advocacy, a specific intent to incite, or a demonstrable risk of harm; Article 301 extends the offence to public dissemination, including through information technology; and the transitional replacement of the former Electronic Information and Transactions Law hate speech provision points to Article 243, even though the amended Article 243 no longer includes religion or belief. Using a doctrinal-reconstructive method, this article maps that legal succession, tests the new provisions against the 1945 Constitution, Constitutional Court Decision No. 105/PUU-XXII/2024, the ICCPR, and the Rabat Plan of Action, and translates Ius Integrum Nusantara from an emerging agrarian reform vocabulary into a bounded method of criminal-law reconstruction. Its contribution is an operational six gate test-target, advocacy, intent, context and capacity, real risk, and proportionality supported by a model statutory clause and worked applications. The article concludes that the reform has redirected the statutory object of protection toward religiously identified persons and groups, but that Articles 300 and 301 still require a uniform incitement threshold, express safeguards for protected expression, and criminal law as ultima ratio. 
RECONSTRUCTING CUSTOMARY MARRIAGE LAW: A COMPARATIVE STUDY OF INDONESIA AND SOUTH AFRICA Yenny Febrianty; Ariyanto; Desy Maryani; Jonathan Rey Cusa; Rindiana Larasati
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.v28i2.1494

Abstract

The prevalence of unregistered customary weddings and child marriage practices in many Indonesian communities continues to render children vulnerable in legal contexts, notably regarding civil status, inheritance, and legal protection. South Africa serves as a significant comparative paradigm via the Recognition of Customary Marriages Act 1998 and Constitutional Court jurisprudence, which imposes constitutional human rights standards as substantive constraints on the acknowledgment of customary norms. This study utilizes a normative-juridical methodology incorporating statutory, conceptual, and comparative approaches, focusing on the principle of the best interests of the child as articulated in international human rights law, specifically the Convention on the Rights of the Child (CRC) and its subsequent interpretative frameworks. The findings indicate that the reform of customary marriage law should not solely concentrate on administrative registration or the banning of child marriage, but also on creating a constitutional harmonization framework that safeguards living customary law while ensuring that customary practices do not infringe upon the fundamental rights of children. The South African model demonstrates the coexistence of constitutional primacy, judicial review, and legislative acknowledgment of customary marriage within a multiple legal framework, all while safeguarding children's rights. This article  advances the establishment of a child-rights constitutional framework for the regulation of customary marriage within multiple legal systems and provides a comparative basis for prospective reforms of customary marriage law in Indonesia.
TOWARD A TRIPARTITE COORDINATION FRAMEWORK FOR INDONESIA’S COASTAL RESOURCE MANAGEMEN Anggun Kirana; Yohanis Fransiskus Tahoba; Dwi Pratiwi Markus
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.v28i2.1833

Abstract

Indonesia’s coastal governance shows a normative vacuum after Law 23/2014 shifted coastal resource management to provincial level without establishing coordination among field-level oversight actors. This gap has not been examined for Polsus PWP3K. The study analyzes Polsus PWP3K’s operational effectiveness post-shift and the tripartite coordination among Polsus PWP3K, the BLUD for Conservation Area Management, and Pokmaswas in Raja Ampat’s conservation governance. Employing a normative-empirical approach, it blends doctrinal analysis with field observations of coordination practices, evaluated through Soerjono Soekanto’s legal effectiveness theory. Findings reveal that the lack of an explicit tripartite coordination norm creates a legal vacuum weakening governance and enforcement capacity, worsened by institutional misalignment from the authority transfer. Field data show the Sasi customary system functioning as a de facto oversight instrument, highlighting the strength of legal culture as a key effectiveness factor in Soekanto’s framework. However, its absence of formal juridical recognition prevents it from substituting state enforcement against external violators. The article’s central contribution is to propose formalizing the Sasi system, via a Provincial Regulation of Papua Barat Daya binding all three actors, rather than creating a new bureaucratic mechanism. This article contributes to be a reference of other provinces in settling such discrepancy.
THE DOUBLE LEGAL VACUUM IN PROVING DEEPFAKE CRIMES IN ACEH PROVINCE: A COMPARATIVE ANALYSIS OF THE ITE LAW AND THE QANUN JINAYAT Laila Pitri; Susmanto; Taufik Hidayat
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.v28i2.2247

Abstract

Deepfake technology poses a serious threat to social stability and cybersecurity. This study examines the legal vacuum arising from the absence of explicit regulations regarding deepfake crimes in both the Electronic Information and Transactions Law (ITE Law) and the Aceh Criminal Code (Qanun Jinayat Aceh), which together create a dual legal vacuum in the enforcement of laws against deepfake crimes in Aceh. This study employs a normative-empirical legal methodology, combining an analysis of legal norms (the UU ITE and the Qanun Jinayat) with field data obtained through purposive interviews with key informants. The findings indicate that the UU ITE and the Aceh Qanun Jinayat have fundamental differences in their evidentiary philosophies, rendering both systems structurally incapable of addressing AI-generated content crimes. Two concurrent legal gaps were identified: a substantive normative gap and a procedural evidentiary gap. This study recommends multidimensional regulatory harmonization that includes explicit criminalization under the ITE Law, the categorization of deepfakes as “jarimah ta’zir” under the Aceh Criminal Code, standardized forensic procedures adopting ISO/IEC 27037:2012, inter-agency coordination mechanisms, and the development of digital forensic infrastructure in Aceh.
IMPLEMENTATION OF LEGAL PROTECTION FOR THE MERON TRADITION UNDER LAW NO. 5 OF 2017 ON THE ADVANCEMENT OF CULTURE Melisa Pinky Nala; Wahyu Widodo; Nadea Lathifah Nugraheni
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.v28i2.2619

Abstract

Legal protection of intangible cultural heritage in Indonesia is established through Law No. 5 of 2017 on the Advancement of Culture. However, a national legal framework does not necessarily ensure effective implementation at the local level, particularly where community-based cultural traditions depend on local regulatory and institutional mechanisms. This study examines the implementation of the cultural protection mandate under Law No. 5 of 2017 in relation to the Meron Tradition in Sukolilo Village, Pati Regency, with particular attention to the gap between national legal norms and local implementation. This study employs an empirical juridical approach. Primary data were obtained through semi-structured interviews with purposively selected informants, while secondary data were collected through legal and literature review and documentation. The data were analysed qualitatively using the interactive model of Miles, Huberman, and Saldaña. The findings show that the Meron Tradition has received formal recognition as Indonesia’s Intangible Cultural Heritage and continues to be practised through community participation and local government support. Nevertheless, formal recognition and continued cultural practice have not yet been fully translated into comprehensive local protection mechanisms. The main gaps concern the availability of specific local regulatory arrangements, institutional coordination, sustainable resources, systematic documentation, and mechanisms for intergenerational transmission. The study argues that effective protection of intangible cultural heritage requires more than formal recognition; it requires translating national cultural law into locally appropriate and sustainable legal and institutional mechanisms.
LEGAL REFORMS AND ADAPTIVE COMMUNICATION FOR DISABILITY-INCLUSIVE MSME ENTREPRENEURSHIP IN INDONESIA Fachmi Ibrahim; Pudji Muljono; Djuara P. Lubis; Dwi Sadono
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.v28i2.2839

Abstract

Despite Indonesia's progressive legal framework protecting the rights of Persons with Disabilities (PWDs), significant implementation gaps continue to hinder their participation in micro, small, and medium enterprises (MSMEs). Existing studies predominantly examine disability entrepreneurship from economic, sociological, or communication perspectives, while limited attention has been devoted to explaining how entrepreneurs' adaptive communication experiences can inform legal reform. This study investigates the relationship between adaptive communication, institutional barriers, and disability-inclusive legal governance. Employing an empirical socio-legal approach, the research draws upon in-depth interviews with four entrepreneurs with physical disabilities in the Special Region of Yogyakarta as a reference for other province in Indonesia. The findings demonstrate that adaptive communication functions not merely as an individual survival strategy but also as empirical evidence of implementation deficiencies within licensing systems, financial services, institutional coordination, and public support mechanisms. Rather than recommending entirely new legislation, the study proposes strengthening the implementation of existing disability and MSME regulations through accessible administrative procedures, disability-inclusive financial governance, participatory policymaking, integrated institutional accountability, and inclusive public procurement. The study contributes by operationalising relational justice into an implementation-oriented legal framework that connects entrepreneurs' lived experiences with concrete regulatory reform. Although the empirical evidence is limited to entrepreneurs with physical disabilities in Yogyakarta, the findings provide analytically transferable insights for strengthening disability-inclusive entrepreneurship governance in Indonesia.

Page 3 of 3 | Total Record : 26

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