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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 7 Documents
 1 
Search results for , issue "Vol. 7 No. 1 (2025): Khazanah Hukum" : 7 Documents clear
Institutional Approach: Legal Protection Efforts against Sexual Violence in Islamic Boarding School Educational Institutions Jamaludin, Ahmad
Khazanah Hukum Vol. 7 No. 1 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i1.34254

Abstract

The increasing number of pesantren and students reflects the rapid growth of these institutions over recent decades. The high number of students in religious-based educational institutions, such as pesantren, with their complex interactions involving children and the need for controlled environments, has been shown to increase vulnerability to sexual violence. This is evidenced by the occurrence of 12 cases of child sexual abuse between January and July 2022, with pesantren being the most frequent location, accounting for 5 cases (41.67%). Using an institutional approach, this paper aims to provide an alternative perspective on improving policies and procedures to enhance the effectiveness of preventing and addressing sexual violence in pesantren. Previous research by Pebriaisyah et al. focused on the power dynamics between kyai and female students in pesantren, highlighting patterns of abuse and proposing sexual education as a preventive measure. In contrast, this study emphasizes policy reform through institutional guidelines to prevent sexual violence. The key difference is that this study addresses broader policy aspects, while Pebriaisyah’s work is more specific to individual dynamics. The research employs a mixed-methods approach, combining quantitative and qualitative data, with primary data collected through online questionnaires from adolescents aged 14-17 during March 2023, and a normative juridical analysis using primary and secondary legal materials to analyze the prevention and handling of sexual violence in pesantren according to relevant laws and regulations. The findings conclude that, first, the authoritative nature of educational institutions in preventing and addressing sexual violence increases the likelihood of institutional leaders acting arbitrarily, often protecting perpetrators and neglecting victims. Second, the institutional approach can be implemented gradually, from preventive to responsive measures, through the development of multidisciplinary protocols and strategies specific to preventing and addressing sexual violence. Ultimately, a comprehensive legal framework will provide a foundation for task forces to act as the primary implementers of policies in preventing and handling sexual violence in pesantren.
Reforming Ukraine's Pre-Trial Custody Measures: An International Law Perspective Sobko, Ganna; Svintsytskyi, Andrii; Pushkar, Oleh; Butynskyi, Volodymyr; Shvets, Yuliya
Khazanah Hukum Vol. 7 No. 1 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i1.37796

Abstract

This study examines how Ukraine's pre-trial custody measures can align with European Union standards, with a particular focus on addressing drug trafficking cases. By analysing theoretical, legislative, and practical aspects of pre-trial custody in serious and extremely serious drug-related crimes, the article identifies gaps in the Criminal Procedure Code of Ukraine and proposes specific reforms. The research emphasizes the international law perspective, referencing EU legal frameworks such as the European Convention on Human Rights and United Nations guidelines on pre-trial detention. Through an analysis of patterns in applying preventive measures and their impact on human rights, the study highlights the need for reforms that balance public safety and individual freedoms. Proposed reforms, including clearer criteria for applying custody, stricter regulations on alternative measures, and enhanced procedural safeguards, aim to ensure compliance with EU human rights standards while maintaining public safety. These changes are expected to improve procedural fairness, reduce arbitrariness in detention practices, and foster greater trust in Ukraine's judicial system. By addressing these issues, the reforms not only strengthen the rule of law domestically but also accelerate Ukraine’s integration into the European legal and governance framework.
Legal Challenges and Developments in the WTO Dispute Resolution Mechanism Amandossuly, Bagdat; Baizhomartova, Karlygash; Zhailau, Zhanat; Nyssanbekova, Lyazzat; Otynshiyeva, Aidana
Khazanah Hukum Vol. 7 No. 1 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i1.39633

Abstract

The WTO dispute settlement mechanism plays a critical role in maintaining the stability and fairness of international trade law, offering member states a structured process for resolving trade conflicts. Its relevance is underscored by its capacity to enforce multilateral agreements and ensure compliance with trade obligations, thereby protecting the interests of both developed and developing nations. However, significant challenges, such as procedural delays and the lack of interim economic protections for claimants, reveal the mechanism's limitations, especially for economically weaker states. This study focuses on the legal aspects of the WTO dispute settlement system, particularly its effectiveness in addressing disputes and safeguarding the rights of member states. The research emphasizes the weaknesses in compensation mechanisms and procedural fairness, while also evaluating the role of the Appellate Body and its recent paralysis as critical challenges to the system's functionality. The study employs a qualitative analysis of WTO agreements, case studies, and statistical data to examine the practical implications of the dispute settlement mechanism's limitations. By evaluating specific cases such as DS530 (Ukraine v. Kazakhstan) and DS611 (EU v. China), the research highlights the legal complexities and procedural shortcomings that affect equitable dispute resolution. The findings reveal the urgent need for reforms, including the introduction of interim relief measures, improved compensation mechanisms, and enhanced representation for developing countries. Recommendations also address the optimization of Appellate Body functionality and adapting the WTO legal framework to emerging trade challenges, such as digital commerce and sustainability. These reforms are essential for ensuring the continued relevance and equity of the WTO dispute settlement mechanism in a rapidly evolving global trade environment.
Ensuring Labor Rights in the Age of AI: Strengthening Corporate Social Responsibility and Human Security in Vietnam Nguyen, Trung
Khazanah Hukum Vol. 7 No. 1 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i1.44211

Abstract

This study examines Corporate Social Responsibility (CSR) as a legal mechanism to protect the right to work in Vietnam amid disruptions caused by Artificial Intelligence (AI). While AI enhances productivity, it threatens labor rights and human security, particularly in labor-intensive industries. The research critically evaluates Vietnam’s legal framework, including the 2013 Constitution (Article 35), the 2020 Labor Code, and the 2020 Enterprise Law, in alignment with international human rights standards such as the ICESCR, ICCPR, and ILO conventions. Drawing from global best practices, Germany’s Digital Pact for Labor and Japan’s Society 5.0 demonstrate how legal frameworks can balance AI-driven economic transformation with labor protection and human security. Sweden’s CSR model ensures corporate accountability through mandatory reporting and supply chain oversight, while Singapore’s Skills Future initiative offers government-funded reskilling to support workforce adaptation. This study proposes legally binding CSR obligations, fiscal incentives for sustainable employment, enhanced regulatory oversight, and a National Workforce Retraining Fund to align Vietnam’s policies with international labor standards. By embedding CSR into law, Vietnam can balance economic growth with labor protection and human security, ensuring a just and sustainable transition in the AI era.
Recognition of Customary Norms Within the Framework of Indonesian Legal Positivism Arifin, Firdaus; Astawa, I Gde Pantja; Maarif, Ihsanul; Sulastri, Dewi; Abdullah, Mohd Kamarulnizam
Khazanah Hukum Vol. 7 No. 1 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i1.39409

Abstract

The recognition of customary norms within Indonesia’s legal system continues to face challenges due to the dominance of legal positivism, which emphasizes legal certainty through codified regulations. Although Article 18B (2) of the 1945 Constitution acknowledges the existence of indigenous legal communities, its implementation within the national legal system remains limited and conditional, leading to legal uncertainty for indigenous groups. This study aims to analyze how customary norms are recognized within Indonesia’s positive legal system and to identify the challenges and opportunities in harmonizing these two legal frameworks. This research employs a normative legal method with a conceptual and statutory approach, analyzed qualitatively using a descriptive-analytical framework. The findings reveal that customary law remains marginalized within the national legal system due to inconsistencies in regulations and court rulings, as well as the absence of a clear harmonization mechanism. The implications of this study emphasize the need for more inclusive legal reforms, enhanced capacity-building for law enforcement officials, and a stronger role for Indigenous communities in legal policymaking. These measures are expected to strengthen the recognition of customary law within the national legal system, contributing to greater substantive justice for Indigenous communities.
Challenges in Implementing Sharia-Based Education: Balancing Regional Autonomy and Children’s Rights in Aceh Mukhlis, Mukhlis; Iqbal, Muhammad; Safitri, Maya; Hasniyati, Hasniyati
Khazanah Hukum Vol. 7 No. 1 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i1.41012

Abstract

This study analyzes the implementation of Sharia-based education in Aceh through the perspective of regional autonomy and children's rights.  This multidisciplinary study reveals the tension between Aceh's education policies (Law No.  11/2006 and Qanun Education) with the obligation of children's rights (children's rights convention Articles 28-29 and Child Protection Law No.  35/2014). Findings show that some schools do not meet inclusive standards, religious materials are less multicultural, and only some teachers are trained in inclusive pedagogy with infrastructure gaps.    The impact on children's rights is significant: female dropout rates are higher due to child marriage and only some schools are disability friendly.   Policy analysis revealed that Qanun has not fully adopted the principle of inclusivity, while policies in the district still ignore marginalized groups.  The research introduced the "Balanced Integration" model, which was piloted in 10 schools, successfully improving the indicators of inclusivity by aligning Islamic values with the principles of the children's rights convention article 29.  Other findings show that hybrid programs (tahfiz-STEM) increase student acceptance in universities. Policy implications include: (1) harmonization of Qanun with human rights standards, (2) children's rights-based teacher training, and (3) policy impact monitoring system.  The study offers an operational framework linking regional autonomy, Islamic identity, and children's rights, with specific recommendations to ensure Sharia education in Aceh meets three pillars: local wisdom, religious values, and universal human rights standards. The findings contribute to the global discourse on multicultural education in Muslim societies suggesting that educational autonomy can be implemented without sacrificing children's basic rights.
Analysis of Monopoly Risk in TikTok Shop's Acquisition of Tokopedia: A Per Se Illegal Perspective Taufik, Abdullah
Khazanah Hukum Vol. 7 No. 1 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i1.43213

Abstract

A company's strategy to accelerate marketing reach and introduce new businesses to consumers can be implemented through a stock acquisition scheme, as demonstrated by TikTok's acquisition of 75% of Tokopedia's shares. However, excessive stock ownership dominance has the potential to lead to control over production and the goods and services market, which may trigger monopolistic practices that harm the public interest. This study aims to analyze potential violations of business competition law related to e-commerce market dominance resulting from the acquisition of the TikTok Shop digital platform business over Tokopedia. The research method used is normative juridical, with a legal and regulatory approach related to acquisitions and anti-monopoly laws, as well as a case study approach to relevant regulations. The findings of this study indicate that the acquisition of TikTok Shop over Tokopedia, along with the trade policies implemented, has a strong potential to result in monopolistic practices based on the per se illegal approach.

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