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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
 1 
Search results for , issue "Vol. 6 No. 2 (2024): Khazanah Hukum Vol 6, No 2 August (2024)" : 8 Documents clear
Fulfilling the Rights of Social Workers: Aspects of Social Security in Indonesia Rosidin, Utang; Nurfurkon, Ardika; Uang, Dedy Pribadi
Khazanah Hukum Vol. 6 No. 2 (2024): Khazanah Hukum Vol 6, No 2 August (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i2.33937

Abstract

The purpose of this article is to describe the fulfillment of social work rights, analyzing the extent to which the government provides social security for social workers. This study uses a qualitative method with a normative juridical approach. The analysis in this study contributes to the fulfillment of social workers' rights in terms of social security and provides recommendations regarding social security regulations as a fulfillment of social workers' rights. The results show that three aspects must be considered in the rights of social workers to social security in Indonesia, namely (1) Fulfillment of Social Workers' Rights, (2) Anticipation of regulations against the risks of social workers, and (3) Social security for social workers in Indonesia. From these three aspects, there are several efforts made by the government in regulation that has issued Law Number 14 of 2019 concerning Social Workers, but the law only regulates the Rights and Obligations of Social Workers in Indonesia. The findings may also impact the lives of social workers, including improved financial well-being, job security, and professional satisfaction. Previous studies have not discussed the aspect of social security as a fulfillment of social workers' rights, so this research contributes to this void by paying attention to the analysis of the fulfillment of social workers' rights in terms of social security aspects.
Police and Law Enforcement of Domestic Violence Crimes Based on Human Rights in Indonesia Hertanto, Iwan; Suparto, Supanto; Rustamaji, Muhammad; Saefudin, Yusuf
Khazanah Hukum Vol. 6 No. 2 (2024): Khazanah Hukum Vol 6, No 2 August (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i2.34357

Abstract

Domestic Violence (DV) as a form of crime that violates the rights of victims cannot be underestimated, the Police as law enforcement officers must be able to enforce the law fairly and beneficially for the integrity and peace of the household. Domestic violence crimes have a serious impact on family continuity and can even threaten the integrity of a family. This crime can occur at any time and happen to anyone, both men and women, but the majority of domestic violence victims are women. Women and children, as the majority of victims of domestic violence, have attracted international attention. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) regulates the scope of human rights and the state's obligation to ensure their fulfillment. This normative juridical method research aims to answer why the Police in law enforcement of domestic violence in Indonesia must be based on human rights, through several approaches such as the statutory approach and theoretical approach so that it can be concluded that domestic violence is a criminal offense between the perpetrator and the victim has a close relationship within the scope of the household. Indonesia as a state of law must uphold human rights. Pancasila as the spirit in resolving criminal acts of domestic violence has values that complement each other and qualify between one precept and another and each precept has human rights values. The fundamental values of Pancasila have created a harmonious life in a divine, humane, united, populist, and just manner, this of course has upheld the values of human rights in domestic violence law enforcement by the Police in Indonesia. Keywords: domestic violence, police, law enforcement, human rights
Re-Reading Al-Uqud Al-Murakkabah: Types and Models of Hybrid Contracts Concept in Fatwa DSN-MUI Pitriani, Pitriani; Witro, Doli; Nurjaman, Muhamad Izazi; Hibaturohman, Iib; Sidqi, Imaro
Khazanah Hukum Vol. 6 No. 2 (2024): Khazanah Hukum Vol 6, No 2 August (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i2.34717

Abstract

The aims of this research is to clarify the type of multi-contract used by National Sharia Council-Indonesian Ulama Council (DSN-MUI) in its product innovation, so that the multi-contract concept used is a multi-contract concept that is in accordance with sharia rules and principles. This research is sharia economic law research that uses descriptive literature research methods. This research uses a normative juridical approach. The primary data used in this research is the DSN-MUI Fatwa which is related to the concept of hybrid contracts in the innovation of sharia banking products. Meanwhile, Secondary data sources include various sources of literature such as laws, scientific articles, books, and others. The data analysis technique used was the cumulative data analysis technique of Miles et al., namely data condensation, data presentation, and drawing conclusions. This study found that so far, the DSN-MUI has used the type of multi-contract for similar contracts (a combination of muawadhat contracts) and also non-similar contracts (a combination of muawadhat contracts and tabarru’ contracts) provided that there is a separation of agreement documents to avoid usury schemes for the use of these contract combinations and income (both margins, ujrah, and profit sharing) is obtained from the use of muawadhat contracts. This non-similar contract combination scheme is confirmed in the Fatwa on the Income of Islamic Financial Institutions (LKS) During the Construction Period (Fatwa No. 142 of 2021), namely Al- Uqud al-Murakkabah al-Muta’addidah. Meanwhile, the hybrid contracts scheme for similar contracts uses the Al-Uqud al-Murakkabah al-Mutajanisah hybrid contracts scheme
Reevaluating the Formal Requirements of Wills: Advocating for the Integration of Electronic Wills Nwabueze, Lilian Ifeoma; Gasiokwu, Peter Ikechukwu
Khazanah Hukum Vol. 6 No. 2 (2024): Khazanah Hukum Vol 6, No 2 August (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i2.35933

Abstract

This paper aims to examine the nature and purpose of the formal requirements of Wills, highlighting their limitations and the need for adaptation in the context of modern electronic communication. The doctrinal research method was employed to evaluate legal problems and analyse the current statutory framework governing Wills. The study found that the traditional formal requirements for Wills, intended to provide testamentary protection and serve as legal proof of execution, often fail to meet their purpose effectively. Judicial and judicious applications of these rules have revealed significant limitations. There is an urgent need for the law to adapt to technological advancements by incorporating electronic Wills. This adaptation would address the inadequacies of current formal requirements and ensure the effectiveness of testamentary dispositions as evidenced in its use in South Africa by all categories of persons- with or without legal knowledge; in the United States of America for exigencies and in Australia to ensure high level of confidentiality and secrecy. The paper recommends articulated formalities supported by electronic communication to achieve testamentary goals. It suggests amendments to the extant laws on Wills in jurisdictions where provisions for dispensing powers are missing while detailed and applicable electronic Will legislation is recommended for jurisdictions that have long recognized the need for testamentary disposition to join the global advancement in technology.
Changes in Halal Product Guarantee Regulations Perspective of Legal Politics and Consumer Rights Protection Sopiah, Evi; Safe'i, Abdulah; Marlina, Elly; Suhendar, Heris
Khazanah Hukum Vol. 6 No. 2 (2024): Khazanah Hukum Vol 6, No 2 August (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i2.35969

Abstract

A halal product guarantee is a legal certainty regarding the halal status of a product produced by a business entity, which is evidenced by the issuance of a halal certificate by the government. The focus of the research examines the changes in halal product guarantee regulations within the Omnibus Law using a legal politics and consumer legal protection approach. This research is normative legal research whose object of study is the history of changes to halal product guarantee regulations in the Job Creation Act and its implications for consumer legal protection. Legal and non-legal materials were obtained from document studies and literature studies in the form of academic texts, draft laws, problem inventory lists, laws and regulations related to halal product guarantees and consumer protection, journals, and other documents relevant to the research issue. Changes in halal product guarantee regulations are a strategic step to strengthen the national halal industry and increase the competitiveness of Indonesian halal products in the global market. Changes in regulations prioritizing business actors' statements as the basis for halal certification can overcome the low awareness of business actors regarding halal certification obligations. In addition, changes to halal product guarantee regulations provide legal protection for consumers through guarantees of legal certainty, both preventively and repressively through self-declaration policies by implementing special limitations, conditions, and criteria for halal certification obligations for micro and small businesses, as well as administrative sanctions. and criminal penalties for business actors who commit acts or violations that can harm consumers.
Unraveling Cults in West Java: A Socio-Legal Analysis of Teachings, Spread, and Human Rights Implications Nurdin, Ahmad Ali; Jamaludin, Adon Nasrullah
Khazanah Hukum Vol. 6 No. 2 (2024): Khazanah Hukum Vol 6, No 2 August (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i2.36417

Abstract

This article investigates the phenomenon of cults in West Java, a province with the highest number of cult cases in Indonesia. Based on data from the Indonesian Ulema Council of West Java, the province hosts 144 cults. This study focuses on seven regencies: Bandung Regency, West Bandung Regency, Garut Regency, Tasikmalaya Regency, Ciamis Regency, Cirebon Regency, and Cimahi City, examining the distinct socio-demographic characteristics of these regions regarding teachings, spreading patterns, and the vulnerabilities that lead individuals to join cults. The research explores the legal responses and human rights challenges in managing and mitigating the influence of these cults, particularly in rural, economically disadvantaged, and low-education areas. The article argues that cults often thrive in these communities due to the promise of peace and solutions to life's challenges, raising significant concerns regarding the protection of vulnerable populations and the enforcement of legal and human rights standards.
Construction of Narcotics Law Against Narcotics Abusers in Perspective Justice Pranoto, Heru; Adwani, Adwani; Rizanizarli, Rizanizarli; Gaussya, Mohd
Khazanah Hukum Vol. 6 No. 2 (2024): Khazanah Hukum Vol 6, No 2 August (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i2.37635

Abstract

Article 54 of the Narcotic Drugs Act stipulates that drug abuse must undergo medical and social rehabilitation, but in fact, the provisions of Article 54 are not implemented to the maximum. This is evident from the existence of narcotic abusers who became non-rehabilitated addicts but dropped criminal penalties in prison. As a result, the agency is filled with excess capacity. The study's objectives are to investigate and evaluate the legal frameworks surrounding drugs law in order to fulfill the sense of justice towards drug abuse. This research is a normative law study, exploring legal thinking about the reconstruction of a fair law against drug abuse. To support data accuracy, legislative approaches, conceptual approaches, and comparison approaches are used. In normative legal research, data collection is carried out with library research and supplemented with field research. Data analysis is done qualitatively. The results of the research show that legal constructions that provide legal certainty, utility, and justice to drug addicts and drug users through a victim perspective, access to both social and medical rehabilitation, in addition to the trusts and purposes of the Narcotics Act, are ideal and coveted legislative constructions.
AI and Human Rights: Navigating Ethical and Legal Challenges in Developing Nations Aloamaka, Patrick Chukwunonso; Omozue, Moses Ogorugba
Khazanah Hukum Vol. 6 No. 2 (2024): Khazanah Hukum Vol 6, No 2 August (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i2.37801

Abstract

The swift progress of artificial intelligence (AI) offers substantial opportunities and significant challenges, particularly concerning human rights in developing nations. This article explores the legal issues and moral conundrums brought about by AI technology's increasing influence on sectors such as healthcare, education, and governance. In developing nations, AI deployment often occurs without robust legal frameworks, potentially infringing on privacy, autonomy, and equity. This study employs a doctrinal research methodology to analyse the effects of AI on fundamental human rights, using case studies to illustrate both benefits and risks. It examines the role of international human rights standards and local legal systems in mitigating adverse impacts. The results highlight the complex interplay between technological innovation and human rights protection, proposing practical recommendations for policymakers, technologists, and legal practitioners. Ultimately, the goal is to foster an environment where AI can contribute to sustainable development while upholding the dignity and rights of all individuals in developing countries. This research contributes to the scientific understanding of AI's ethical and legal implications in the context of human rights.

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