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Khazanah Hukum
Published by Universitas Islam Negeri Sunan Gunung Djati Bandung
ISSN : -     EISSN : 27159698     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Khasanah Hukum ISSN 2715-9698 is peer-reviewed national journal published biannually by the Law of postgraduate Program, State Islamic University (UIN) of Sunan Gunung Djati Bandung. The journal emphasizes aspects related to economics and business law, which are integrated into Islamic Law in an Indonesian context and globalization context. The languages used in this journal are Indonesia, English, and Arabic. Khasanah Hukum will facilitate the publication of manuscripts and scientific articles related to science in the field of Law Science by going through a review process from reviewers.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
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Search results for , issue "Vol. 6 No. 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)" : 8 Documents clear
Fortifying Democracy: Deploying Electoral Justice for Robust Personal Data Protection in the Indonesian Election Huda, Uu Nurul; Gumelar, Dian Rachmat; Hadad, Alwi Al
Khazanah Hukum Vol. 6 No. 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i1.30734

Abstract

Elections stand as a cornerstone of democracy, yet the burgeoning integration of technology and personal data underscores the pressing need for safeguarding individual privacy within the electoral process. This study endeavors to scrutinize the efficacy of the Electoral Justice System in fortifying the protection of personal data throughout the registration, verification, and adjudication phases of political party participation in the forthcoming 2024 elections. Through an empirical juridical methodology, this research delves into the practical application of the Electoral Justice System across diverse national contexts, elucidating its role in mitigating the perils of data misuse and upholding electoral integrity. The findings underscore the imperative of imbuing the Electoral Justice System with structural robustness, substantive fidelity, and a conducive legal culture to ensure the seamless functioning of electoral processes. Additionally, stringent regulations, robust data verification protocols, independent oversight mechanisms, and punitive measures emerge as indispensable facets of effective Electoral Justice System implementation, essential for curtailing infringements of the exploitation of personal data and fostering accountable electoral practices.
A Comprehensive Comparative Analysis of Mediation Practices in Indonesia and Malaysia Nasrul, Muhammad Amrullah Drs; Shah, Nurin Athirah Mohd Alam; Salim, Wan Noraini Mohd; Seviyana, Devi
Khazanah Hukum Vol. 6 No. 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i1.31239

Abstract

Mediation is one of the Alternative Dispute Resolution (ADR) that emphasises a mutually agreeable resolution and incorporates a win-win situation between parties. Mediation is not a rare concept in Indonesia and Malaysia. People in Indonesia and Malaysia have long used mediation in their daily lives as mediation has been proven to be effective since long ago. Due to its extensive use in Indonesia and Malaysia, a comprehensive study was carried out by the researcher to identify the comparison of mediation in Indonesia and Malaysia. In this paper, the researcher will review the practice of mediation in Indonesia and Malaysia via a comparison analysis where the researcher employs a qualitative approach via library-based research. Many reference sources and reading materials have been used by researchers to see similarities and differences between these two countries. The result of this study affirms that mediation practices in Indonesia and Malaysia are quite similar, despite being governed under a different law and regulations. In addition to having many similarities, one of the things that attracted the researcher's attention is that both countries have their challenges in carrying out mediation. Therefore, this aspect of the challenge also needs to be touched upon so that mediation can be conducted in both countries smoothly. It is also hoped that with this study, in the future, this study can also be used as a guide or manual in discussing mediation for both countries.
Experience of Some Countries of The Commonwealth of Nations in Ensuring Criminological Protection of Justice Khrystova, Yuliia; Titarenkо, Oleksiy; Cherviakov, Oleksandr; Marushchak, Oleksandr; Shkolа, Serhіi
Khazanah Hukum Vol. 6 No. 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i1.33619

Abstract

The article describes the experience of Great Britain, Canada, Australia, and New Zealand in the field of criminological protection of justice. A combination of philosophical, general scientific and specific scientific research methods was used in the preparation of this article to find out which special actors are authorized to carry out such criminological activities, to analyze the powers and guarantees for their exercise to fulfill their tasks. The article reveals the peculiarities of interaction of special actors of ensuring the security of justice with other actors in the system of combating offenses and crimes against justice. The author emphasizes the role of the sheriff, police, and private security companies in ensuring security during the judicial process. The experience of these Commonwealth countries in identifying and counteracting possible threats to the security of justice is analyzed. The purpose of this work was to single out positive foreign experience that may be promising for implementation into the national legislation with the aim of improving activities of the Court Security Service, which is a special subject performing implementation of the function of criminological protection of justice in Ukraine. In particular, firstly, to find out which special entities are authorized to carry out the specified criminological function in certain countries of the British Commonwealth and what powers they have; secondly, what other law enforcement agencies are involved in the mechanism of ensuring criminological protection of justice and what are the features of their interaction with special subjects; thirdly, what measures they take to detect and counter possible threats to the security of justice.
Constitutional, Administrative and Criminal Law Regulation of Protecting Rights of Internally Displaced Persons: Foreign Experience and Directions for Improvement Balynska, Olha; Korniienko, Maksym; Martseliak, Oleh; Halunko, Vira; Mahnovskyi, Ihor
Khazanah Hukum Vol. 6 No. 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i1.33775

Abstract

The purpose of the article consists in revealing the constitutional, administrative and criminal law foundations of protecting rights of internally displaced persons, problems of implementing foreign experience and identification of directions for improvement. It is substantiated that the system of individual protection standards is a kind of international mechanism for ensuring first of all the status of rights and freedoms of internally displaced persons, the corresponding guarantees regulated by the norms of universal, regional and special treaties, implemented by authorized subjects of public administration in various spheres of society. Attention is focused on compliance with the Guidelines of 1998, which are the basis of the legal acts of the European Union, the Council of Europe and other democratic countries. However, the existing standards of individual protection are not uniform, and there is no corresponding institutional mechanism. Universal, supranational, regional, mandatory, recommendatory, permanent and temporary standards are singled out. The authors conclude that the Ukrainian authorities are entrusted with important tasks, functions and powers to guarantee the rights and freedoms of internally displaced persons, as well as tasks concerning implementation and protection of such rights and freedoms, restoration of violated rights and implementation of existing international standards and best foreign practices. Therefore, it is natural to improve Ukrainian legislation and ensure effective and accessible procedures. Proposed are ways to solve existing problems in the sphere of social protection, electoral law, housing and land rights, and provision of legal aid.
The Concerns of Nation-State Sovereignty and International Commercial Law: A Path to Harmonisation Vang-Phu, Tran; Anh Son, Duong
Khazanah Hukum Vol. 6 No. 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i1.33809

Abstract

The current body of literature on international business and commercial laws demonstrates the inherent conflict between the legal system and the sovereignty of nation-states. The phenomenon of globalization has amplified the influence of non-state actors, regional organizations, and free trade agreements, resulting in a significant demand for international arbitration. The incorporation of international commercial laws into the current standard is increasingly prevalent, as nation-states discover the benefits of adhering to such laws. Conversely, the concept of national sovereignty, which exerted significant influence in recent years, appears to be facing substantial challenges due to the emerging trends in an increasingly interconnected globalized world. Nevertheless, the nation-state and its sovereignty maintain a significant impact on the dynamics of power and trade between different nation-states. This study undertakes an examination of the substantial discord between principles of international commercial law and the sovereignty attributed to nation-states, with specific attention directed towards the prospects of achieving harmonization. Moreover, it delves into the intricacies and challenges inherent in the pursuit of harmonization within this specific domain.
Ensuring National Security under Martial Law Conditions: Legal Regulation, Threats, Cooperation and Directions for Improvement Nosach, Andrii; Melnyk, Sergii; Rusetskyi, Anatolii; Pinchuk, Yuliia; Piadyshev, Volodymyr
Khazanah Hukum Vol. 6 No. 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i1.33936

Abstract

The purpose of the article is to reveal the legal regulation of ensuring national security in the conditions of martial law (threats, cooperation and directions for improvement).  It has been established that ensuring national security of Ukraine includes a complex of national and international measures. It has been emphasized that financing is one of the important problems in the system of ensuring national security. The financial security of a state as a component of its national security is the basis of the economic development of the country, which ensures sovereignty and integrity of the country, as well as a decent standard of living of its citizens. The financial security of a state as a component of its national security is the basis of the economic development of the country, which ensures sovereignty and integrity of the country, as well as a decent standard of living of its citizens. Another problem of ensuring national security in wartime conditions consists in preventing and combating corruption.  Corruption destroys development of the military-industrial complex, prevents introduction of innovative means of protection for military personnel, it disturbs development and testing of new weapons, new technologies, and hampers provision of military personnel with the necessary equipment, protection and weapons. It was concluded that only cooperation can solve the urgent strategic tasks of ensuring national security in difficult world conditions and new globalization challenges. 
Implementation of Indonesian Government Regulations Concerning the Job Loss Guarantee Program in the Province of the Special Capital Region of Jakarta Wijayati, Rr Ani; Sinaga, Haposan Sahala Raja
Khazanah Hukum Vol. 6 No. 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i1.34235

Abstract

The Indonesian government expanded social security for the community, especially those who experienced layoffs or lost their jobs by issuing a Government Regulation to expand social security as amended and adding several provisions to articles in Law Number 40 of 2004 concerning the National Social Security System after the enactment of the Law. Law Number 11 of 2020 concerning Job Creation. The background to the policy is because during the COVID-19 pandemic many companies laid off employment. In Jakarta, the number of people who have lost their jobs has increased. The Central Statistics Agency of Indonesia report released that the number of unemployed people in the Special Capital Region of Jakarta in February 2022 was 410.59 thousand people. This research aims to legally analyze the decisions or beschikking issued by the Jakarta provincial government in implementing the job loss guarantee (JKP) program and analyze the implementation of the job loss guarantee program in the Jakarta. The research method used is a juridical-empirical research method using statutory and case approaches. The results of this research: 1) Decree (beschikking) of the DKI Jakarta Provincial Government in implementing the job loss guarantee program by issuing: Regional Regulation Number 27 of 2012 concerning the Implementation of Employment and Governor's Regulation of the Special Capital Region of Jakarta Province Number 15 of 2023 concerning Amendments to Governor's Regulation Number 55 of 2016 concerning the Implementation of Social Security for Workers through the Employment Social Security Administering Agency. 2) Implementation of PP 37/2021 in the DKI Jakarta Province area, based on employment conditions in February 2023, the working population in Jakarta area was recorded at 4.86 million people and a survey of 135 random respondents related to the dissemination of information about JKP concluded that the implementation JKP, especially in terms of socialization, is still lacking, because as many as 77% admitted that they had never been socialized about the JKP program which has implications for respondents' knowledge of the benefits of the JKP program itself, not many respondents fully know that the benefits of the JKP program are in the form of cash benefits. , benefits of access to job information, and benefits of job training. Of the respondents who knew about the benefits of the JKP program, generally they only knew about the cash benefits, while other respondents admitted that they did not know at all about the benefits of the JKP program. This number of respondents is not small, namely 53 respondents or around 55.8%. The benefits of the JKP program that were known to respondents were benefits in the form of cash as much as 32.7%, benefits from access to job market information as much as 14.7% and benefits from job training as much as 17% and the remaining 55.8% of respondents did not know what the benefits of the JKP program were.
Reducing the Divorce Rate in the Religious Courts Through Cultivating Egalitarian Relationships Na’mah, Ulin; Rachmatulloh, Mochammad Agus; Yaqin, Husnul; Qamaria, Rezki Suci
Khazanah Hukum Vol. 6 No. 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i1.34368

Abstract

The income factor is often the reason for divorce by petition, a phenomenon of high divorce rates in Indonesia. Furthermore, this problem has resulted in various analytical results. It is very embarrassing that all these analyses tend to blame one party, namely that often, the wife is blamed without presenting writings about wise efforts to resolve relationship problems that lead to mutualism. Apart from that, previous researchers were still trapped in understanding the husband-and-wife relationship as a relationship that was nothing more than a matter of the rights and obligations of husband and wife, which were considered absolute. Even though the perspective of interdependence as something prescribed in Islam has begun to be discussed, there has been no study or offer on how to improve the pattern of interdependence in the lives of husbands and wives. This research aims to provide a practical way to create an egalitarian relationship between husband and wife by first uncovering the causes of the difficulty of implementing an egalitarian pattern in husband-and-wife relationships, which is a factor in the increase in divorce cases due to income reasons. This research uses an empirical or psychological phenomenological approach based on Gary Chapman's "Five Main Love Languages" theory. In selecting subjects, researchers used purposive sampling. Researchers conducted interviews with four ex-husband and wife couples in cases of divorce for reasons of livelihood in the jurisdiction of the Kediri City Religious Court. The result is a vacuum of emotional affection between husband and wife, which causes the wife to resist and be unable to give up her desire to fulfill household needs, a form of contextual and egalitarian role division. Instead of creating an egalitarian husband and wife relationship, the relationship ended in divorce. Thus, a sufficient husband and wife's love tank is the primary condition for carrying out their roles contextually and egalitarian.

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