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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 5 Documents
 1 
Search results for , issue "Vol. 6 No. 3 (2024): Khazanah Hukum Vol 6, No 3 December (2024)" : 5 Documents clear
Protecting Consumers Against Defamation Claims: The Role of Common Interest in Product Reviews Kongres, Evi; Sugianto, Fajar; Setyorini, Erny Herlin; Kokpan, Bariyima Sylvester; Zhang, Sheng
Khazanah Hukum Vol. 6 No. 3 (2024): Khazanah Hukum Vol 6, No 3 December (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i3.35508

Abstract

Consumers who post negative reviews of products on social media often face defamation claims by business entities. Such lawsuits have had a chilling effect on the right to freedom of expression, which is protected by law. In adjudicating consumer cases, judges have generally failed to apply the concept of common interest as a consideration, despite the potential benefits and awareness such reviews provide to prospective consumers. The common interest concept, as stipulated in defamation laws, can serve as a form of legal protection for consumers who post reviews on social media, provided the reviews are truthful, reflect actual conditions, and are made in good faith. By implementing the common interest concept and conducting its proper assessment, legal protection can be ensured for both consumers and businesses. Consumers would be shielded from unwarranted defamation claims, while businesses would be protected from malicious reviews by bad-faith consumers that result in financial or reputational harm. This study aims to dissect the legal safeguard afforded to consumers through the prism of common interest when confronting social media-based complaints or reviews ensnared in defamation litigations instigated by corporate entities. Employing a normative juridical methodology, the research amalgamates legislative analysis with conceptual frameworks. The research findings accentuate the significance of invoking the public interest doctrine in consumer-related litigation, thereby fortifying legal defenses against defamation allegations.
Reconstructing Legal Protection Regulations for Parties in Franchise Agreements Based on Dignified Justice Zulkifli, Suhaila; Noor, Tajuddin
Khazanah Hukum Vol. 6 No. 3 (2024): Khazanah Hukum Vol 6, No 3 December (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i3.35538

Abstract

Franchise agreements are recognized globally and Indonesia is experiencing significant growth in this industry. However, weaknesses in existing regulations, particularly Government Regulation No. 42 of 2007 and Minister of Trade Regulation No. 71 of 2019 hinder legal certainty and protection for franchisors and franchisees. This research aims to reconstruct Article 8 of Government Regulation No. 42/2007 on franchising to improve legal certainty and protection and promote justice for all parties involved. A critical review of Article 8 of Government Regulation No. 42/2007 reveals an ambiguity in the term ‘sustainable’, which can lead to various interpretations and potential legal conflicts. The research findings show that adding the word ‘periodically’ before the word ‘sustainable’ in Article 8 will provide clearer guidelines for franchisors regarding their obligation to guide the form of training, operational management, marketing, research, and development to franchisees. Using the normative juridical method, this research analyses secondary data from relevant laws and regulations. The insights gained can inform policymakers and stakeholders on reforms that need to be made to improve legal clarity. Implementing these recommendations may result in a more balanced power dynamic between franchisors and franchisees, which may ultimately contribute to the sustainable growth of the franchise industry in Indonesia. In conclusion, addressing vagueness in franchise agreements is critical to creating a fair business environment, and bringing dignified justice to the parties. Clarity in regulation will not only protect the rights of franchisors and franchisees but also promote the growth and stability of the franchise sector in Indonesia.
Strengthening Human Rights Protection in Nigeria: Safeguards Under the Police Act 2020 Ehirim, Ugochukwu Godspower; Ossai, Morrison; Aloamaka, Patrick Chukwunonso; Ehirim, Nwanneka Flora
Khazanah Hukum Vol. 6 No. 3 (2024): Khazanah Hukum Vol 6, No 3 December (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i3.39569

Abstract

The concept of Human Rights has become a critical factor in the definition of modern civilisation and constitutional democracies in the twenty-first century. The activities of the police remain central to the perception of human rights under municipal and international law according to the policies of the state-party. This article sets out to examine the provisions of the ‘new’ Police Force (Establishment) Act 2020 with a view to identifying the safeguards put in place by the law for strengthening the promotion and protection of human rights in Nigeria. It identifies factors which have contributed to inefficient policing and ever-increasing cases of human rights violations by the police and recommends sticking with the extant legal reforms for a better Nigeria Police Force. The Act introduces provisions such as mandatory accountability mechanism, abolition of use of force or torture to obtain statements from suspects as well as the requirement for the presence of a legal practitioners during a suspect’s interrogation, among others. The doctrinal research method is adopted in analysing statutory provisions and judicial precedents to assess the alignment of policing procedures with constitutional guarantees in line with global best practices. It is observed that despite the wide discretion afforded the Nigeria Police in the discharge of their duties which should boost the observance of human rights, the police abuse these discretions with the end result of serious violations of citizens’ rights which are guaranteed under the constitution. The article concludes that fostering a human-rights-based approach in the discharge of police duties alongside a stringent enforcement of the Police Act 2020 is imperative to sustaining lasting, far-reaching reforms.
Integration of Islamic Jurisprudence Principles within the UN Global Human Security Framework Fuad, Munawar
Khazanah Hukum Vol. 6 No. 3 (2024): Khazanah Hukum Vol 6, No 3 December (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i3.40205

Abstract

This study explores the integration of Islamic jurisprudence principles, particularly maqāṣid al-Sharīʿa (objectives of Islamic law) and ḍawābiṭ (regulatory principles ensuring adherence to justice and moderation), into the United Nations' (UN) Global Human Security Framework. Using a recommendatory legal research methodology, this study analyses international legal documents, such as UNGA Resolution 66/290, and classical Islamic texts, including Al-Ghazali’s Al-Mustasfa. The findings reveal a strong alignment between maqāṣid al-Sharīʿa and the human security dimensions outlined by the UN, encompassing protection of religion, life, intellect, lineage, and wealth. By incorporating Islamic principles, this research offers a culturally inclusive and ethically grounded approach to global security challenges. The application of ḍawābiṭ highlights the importance of balancing justice and moderation in addressing critical issues such as economic inequality, humanitarian crises, and governance challenges. This study contributes to the discourse on global human security by proposing a novel framework that bridges religious law and international governance, providing a foundation for future interdisciplinary studies.
Religious Fatwā and Human Security: Managing Public Health through the Lens of Islamic Jurisprudence in Indonesia and Saudi Arabia Hamim, Khairul; Bin Mujib, Lalu Supriadi; Muhasim, Ahmad
Khazanah Hukum Vol. 6 No. 3 (2024): Khazanah Hukum Vol 6, No 3 December (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i3.40478

Abstract

This study examines the authorisation of religion in handling COVID-19 through religious fatwā issued by the Indonesian Ulema Council, popularly known as the Majelis Ulama’ Indonesia (MUI), and the Council of Senior Scholars of Saudi Arabia (CSS). The objectives of this study are threefold: firstly, to analyse the methodological formulation of MUI and CSS fatwā regarding COVID-19 handling; secondly, to identify the factors underlying the issuance of these fatwā; and thirdly, to assess the impact of MUI and CSS fatwā on COVID-19 handling. Using a qualitative descriptive research method and conducting a case study of the MUI and CSS fatwā institutions, it was found that the methodological basis of the MUI and CSS fatwā on COVID-19 includes sources from the Qur’an, hadith, ijmā’ (consensus), and qiyas (analogy), as well as maqāṣīd sharī’ah. Referring to maqāṣīd sharī’ah considerations, two priority dimensions emerge as factors in the issuance of MUI and CSS fatwā: ḥifẓ al-dīn (preservation of religion) and ḥifẓ al-nafs (preservation of life). This study also highlights the significant impact of MUI and CSS fatwā on COVID-19 handling. In this context, fatwā play a role as part of prevention strategies due to their strong theological influence and effective enforcement of policy implementation. This fatwā is especially pertinent given the roles of MUI and CSS, which, from the early stages of the COVID-19 pandemic, have contributed to supporting government policies through the fatwā they issued. However, differences exist. MUI fatwā tend to be recommendations and appeals, often disregarded by the public as they lack legal sanctions for non-compliance. However, fatwā issued by CSS possess absolute authority. This study contributes to a deeper understanding of how religious authorization can support public health policies during a pandemic. Additionally, it offers insights for enhancing the effectiveness of fatwā in the context of future health crises.

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