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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 10 Documents
 1 
Search results for , issue "Vol. 7 No. 2 (2025): Khazanah Hukum" : 10 Documents clear
Green Financial Crime in The Perspective of Islamic Law Fernando, Zico Junius; Imanuddin, Muhammad
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.39211

Abstract

This research examines the phenomenon of green financial crime within the framework of Islamic law. As global interest in sustainable finance continues to grow, business entities are increasingly involved in green investment practices. However, this growing trend has also led to the emergence of financial crimes related to the misuse, mismanagement, or unethical allocation of funds intended for environmentally sustainable projects. Islamic law emphasizes fairness, transparency, and ethical conduct in financial transactions and provides a valuable normative foundation for addressing these challenges. This study utilizes a normative legal approach, integrating conceptual and comparative perspectives to explore the complexity of green financial crimes. The research applies a descriptive-prescriptive methodology and conducts content analysis to evaluate relevant legal texts and practices. The findings demonstrate that Islamic law upholds integrity and accountability in financial dealings, particularly in matters involving environmental responsibility and sustainable development. It stresses the importance of protecting the environment, promoting societal well-being, and ensuring economic justice through transparent and honest financial conduct. In conclusion, the principles of Islamic law present a robust and comprehensive legal and ethical framework for addressing green financial crimes. By upholding the values of environmental stewardship, justice, and financial integrity, Islamic law can play a crucial role in supporting the ethical development of green finance globally
The Role of Legal and Regulatory Frameworks for Sharia-Compliant Financing in Promoting Innovation and Quality Enhancement in Indonesia's Halal Industry Mas’ud, Riduan; Muwazir, Mohd Rizal
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.43440

Abstract

Indonesia’s halal industry is experiencing rapid growth, driven by increasing consumer demand for products that comply with both sharia principles and global quality standards. This study examines the role of legal and regulatory frameworks governing sharia-compliant financing in supporting innovation and improving product quality within the halal sector. Using a qualitative research design with a descriptive-analytical approach, data were collected from 15 experts in Islamic finance, economic law, and halal business practices. The findings reveal that legal instruments—such as the Sharia Banking Law, regulations issued by the Financial Services Authority (OJK), and policies from the National Committee for Islamic Economy and Finance (KNEKS)—provide a legal foundation that facilitates ethical and inclusive access to capital. These frameworks contribute to the development of an innovative and competitive halal industry. However, challenges remain, including regulatory overlaps, weak enforcement mechanisms, and limited harmonization between central and regional regulations. The study concludes by recommending regulatory reforms and institutional strengthening to optimize the legal contribution to the sustainable growth of Indonesia’s halal industry.
The Challenges of the Anti-Open Grazing Laws in Nigeria Azomani, Ifenna Leonard; Gasiokwu, Peter Ikechukwu
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.43984

Abstract

Open grazing, the traditional practice of moving livestock freely across regions in Nigeria, has contributed significantly to rising insecurity, farmer-herder conflicts, and environmental degradation. In response to the Federal Government's inaction, several Nigerian states have enacted Anti-Open Grazing Laws to regulate the practice. This article critically examines the legal, political, and environmental challenges posed by these laws, with particular reference to the Delta State Livestock Breeding and Marketing Regulation Law, 2021. Using a doctrinal legal methodology, this study analyses statutory texts, judicial decisions, and scholarly commentaries. It finds that while these laws offer a regulatory framework for livestock management, their implementation is hampered by questions of constitutional competence, weak enforcement mechanisms, political resistance, and the exclusion of nomadic pastoralist perspectives. The paper further reveals that the federal government’s opposition to state-level grazing laws exacerbates ethno-regional tensions, especially due to the socio-cultural identity of nomadic herders. The study concludes that while state legislation is constitutionally permissible under the concurrent legislative list, a harmonized federal framework incorporating customary law, socio-economic realities, and inclusive stakeholder consultation is essential for a sustainable solution.
The Legal Effectiveness of Juvenile Diversion: A Study of the Indonesian Juvenile Justice System Rismana, Daud; Maskur, Ali; Permonoputri, Rifi Maria Laila Fitri; Hariyanto, Hariyanto; Hariz, Hajar Salamah Salsabila
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.44162

Abstract

This study aims to evaluate the legal effectiveness of diversion mechanisms within Indonesia’s juvenile justice system, particularly in relation to the state’s commitment to restorative justice principles. Although a comprehensive legal framework is in place—namely Law No. 11 of 2012 and Supreme Court Regulation (PERMA) No. 4 of 2014 (Peraturan Mahkamah Agung)—the implementation of diversion remains limited, with only 14.1% of juvenile cases resolved through this mechanism. This gap reveals a significant disconnect between legal norms and practical enforcement. The study employs a normative-qualitative legal research method, utilizing document analysis of statutory regulations and institutional reports from the Ministry of Law and Human Rights, the Indonesian Child Protection Commission (KPAI), the Directorate General of Corrections, as well as secondary sources including academic literature, media coverage, and official documentation. Thematic analysis was applied to identify structural, cultural, and institutional barriers in the implementation of diversion. The findings highlight three major issues: (1) regional disparities in the application of diversion, especially between urban centers and disadvantaged (3T) areas; (2) structural obstacles, including a shortage of trained personnel, lack of proper mediation facilities, and weak interagency coordination; and (3) the persistence of a retributive and legalistic legal culture among both law enforcement officials and the general public, which impedes the acceptance of restorative approaches. This study makes a significant contribution to the discourse on juvenile justice reform by emphasizing the need for systemic support and cross-sectoral collaboration to ensure the effective realization of diversion. Policy implications include the strengthening of training programs, infrastructure development, and public legal education. The originality of this research lies in its integrative evaluative framework, which combines legal, institutional, and socio-cultural analysis, offering a comprehensive assessment of the effectiveness of diversion in Indonesia.
Ecological Crisis and Human Security: A Legal Analysis of the Exploitation of the Sei Ular River Eddy, Triono; Agustina, Agustina; Purnomo, Sagita
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.44891

Abstract

River empowerment for tourism and sustainable agriculture has a positive impact on environmental sustainability and community welfare. However, these positive benefits have not been fully felt by the community in Sei Ular River, North Sumatra. Increasingly rampant illegal mining activities have deprived the community of their social rights, especially for a good and healthy environment. Government policies and existing legal instruments have not been optimal in solving the problem due to inconsistencies in law enforcement, lack of coordination between authorities, and low public awareness to protect river ecosystems. The research conducted is normative juridical, namely analyzing written law, jurisprudence, and norms that live in society. The descriptive-analytical approach aims to retrieve data systematically, factually, and accurately on a problem based on applicable laws and legal norms. The results of this study indicate that regulations and legal protection for the community due to illegal mining in Sei Ular River have been regulated starting from laws, government regulations, to regional regulations, but these legal instruments have not been effective enough in protecting the community from the impact of illegal mining activities, as a result, there have been violations of fundamental rights that affect community welfare. Empowerment of the Sei Ular River for tourism and sustainable agriculture and its concrete benefits, namely, involving the community in the management of tourist destinations in the river area, building dams and irrigation channels for farmers, socialization, strict action (sanctions) against illegal mining actors, actively collaborating with various parties in conducting surveillance to protect the Sei Ular River ecosystem. In addition, the government also requires illegal mining actors who pollute the Sei Ular River to compensate affected communities and restore the environmental damage caused.
Rethinking the Legal Status of Non-Muslims in Islamic Law: Al-Muwāṭinūn and the Constitutional Framework of Citizenship in Indonesia Harun, Hermanto; Tauvani, A. Yuli; Tumadi, Nurul Hidayah; Roni, Rusli Abdul
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.44897

Abstract

This study aims to examine the relevance of classical Islamic legal categories in defining the status of non-Muslims within the context of Indonesia’s pluralistic and democratic state. The research is motivated by recent debates surrounding the use of the term kāfir ("infidel") and the need to reassess traditional terminologies such as ahl al-dhimmah, ahl al-ḥarb, al-muʿāhid, and al-mustaʾmin in light of contemporary constitutional values. Using a qualitative approach within a library-based research design, the study analyzes classical fiqh texts and Indonesian constitutional and statutory legal documents. Through thematic content analysis, the study evaluates the compatibility of Islamic legal reasoning with modern legal principles. The findings indicate that classical classifications of non-Muslims were shaped by the political and imperial contexts of premodern Islamic governance. These categories are no longer fully applicable in the Indonesian nation-state, which is based on equality before the law and religious pluralism. In contrast, the concept of al-muwāṭinūn (citizens) aligns with the Islamic legal principle of murūnah (adaptability) and supports ijtihād (juridical reasoning) responsive to contemporary societal needs. The study contributes practically by offering a theologically grounded yet constitutionally relevant vocabulary for citizenship that enhances civic inclusion and legal equality. It demonstrates how Islamic jurisprudence can evolve to support pluralistic nationhood. This research provides an original contribution by contextualizing classical fiqh within Indonesia’s constitutional framework, an area underexplored in existing literature. By bridging Islamic legal ethics and Indonesian law, it offers a normative model for redefining non-Muslim citizenship in Muslim-majority democracies.
Integrating Australian Employment Law Practice in Support of People with Disabilities in Indonesia Arpangi; Suwondo, Denny; Laksana, Andri Winjaya; Yassine, Chami
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.44946

Abstract

Individuals with disabilities encounter markedly diminished work prospects relative to their non-disabled counterparts, attributable to societal hurdles, cultural bias, and inadequate legal safeguards. This study seeks to assess and incorporate inclusive employment practices from Australia into the legal and institutional framework of Indonesia. The research employs a normative legal method, incorporating doctrinal analysis and comparative study, to examine Australia's *Disability Employment Services (DES)* framework and the *Disability Discrimination Act 1992 (DDA)*, revised as of July 2023. The contrast underscores possible adaptations within Indonesia’s employment legislation framework, which remains deficient in explicit procedures for reasonable accommodation, efficient enforcement of disability employment quotas, and organized career coaching assistance.  Furthermore, the study highlights significant disparities in institutional capability and legal culture between the two nations—Australia maintains a rights-based anti-discrimination legal framework, but Indonesia persists with sectoral and charity-focused methodologies. The results demonstrate that the partial integration of DES and DDA concepts is achievable, contingent upon contextual modifications to accommodate Indonesia's socio-political conditions, institutional constraints, and prevailing legal structures. Essential recommendations encompass the formulation of adaptable work accommodation regulations, the introduction of wage subsidies or tax incentives, the creation of training programs specific to disability categories, and the enhancement of employment oversight agencies equipped to combat workplace discrimination. These findings confirm that implementing Australia’s inclusive employment policies could strategically advance the establishment of a fairer and empowered workplace for individuals with disabilities in Indonesia, aligning with global standards and Indonesia’s constitutional commitment to equality.
Optimizing the Recovery of Corrupt Assets from the Perspective of Economic Rights and Human Security in Indonesia Sianturi, Ronald Hasudungan
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.44974

Abstract

This study aims to analyze the optimization of corrupt asset recovery in Indonesia through the revision of the replacement money policy. The current policy, which is regulated in Indonesia’s anti-corruption criminal law, often faces implementation challenges, such as difficulties in tracing and confiscating assets and the minimal amount of assets recovered compared to the total state losses. These weaknesses reduce the effectiveness of asset recovery and weaken the deterrent effect on corruption perpetrators. The research uses a normative legal method with a statutory and comparative approach. Legal provisions related to the replacement money policy in Indonesia are reviewed and compared with best practices from other countries that have implemented more effective asset recovery mechanisms, and the analysis also involves legal interpretation and evaluation of policy implementation in corruption cases. The results show that revising the replacement money policy is urgently needed to enhance the legal framework and enforcement mechanism. Strengthening the execution process, improving the clarity of confiscation procedures, and encouraging the use of digital tracing technologies and institutional collaboration can significantly increase the effectiveness of asset recovery. This policy reform is expected to provide a stronger deterrent effect, support transparency and accountability in law enforcement, and contribute to sustainable anti-corruption efforts in Indonesia.
Comparative Analysis of Decentralization and Power Distribution in Local Self-Government: Kazakhstan and Europe Sabitov, Kuanysh; Alibayeva, Gulnar; Rakimbayev, Erkinbek; Aitkhozhin, Kabdulsamikh; Bekbayev, Yerzat
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.45130

Abstract

The aim of the article is to identify the key problems of decentralization of power in Kazakhstan, to analyze foreign experience on the example of Poland and Spain, and to formulate specific steps for the implementation of the most successful European practices in Kazakhstan. Poland is interesting as an example of a successful departure from the post-socialist model of decentralization. Spain is chosen as an example of a unitary state with significant local autonomy. The analysis of these countries revealed the advantages of their models, but also found certain problems. Nevertheless, the author believes that their experience can be used to build an effective model of decentralization in the Republic of Kazakhstan and provides specific examples of the implementation of their experience in Kazakhstan. Based on the comparative analysis, the author formulates a number of legal and practical recommendations. The article also addresses institutional constraints and socio-political factors that may affect the adaptability of foreign models to Kazakhstan’s context, emphasizing the importance of gradual, context-sensitive reform.  
The Ambiguous Authority of Provincial Governors in Customary Law Recognition: Regulatory Fragmentation in Indonesia’s Decentralization Era Jayuska, Rizki; Handayani, I Gusti Ayu Ketut Rachmi; Isharyanto, Isharyanto; Marzuki, Ismail; Fawaid, Achmad
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.46367

Abstract

This study aims to analyze the structural, institutional, and regulatory challenges in recognizing Indigenous Law Communities (Masyarakat Hukum Adat/MHA) in Indonesia, with a particular focus on the strategic yet ambiguous role of provincial governments. Despite the legal mandate for decentralization, the dual function of governors as regional heads and central government representatives has not been supported by a clear legal framework to facilitate cross-district recognition of MHA. Using a qualitative approach, the study employs document analysis of legal texts, regional regulations, and case studies, supported by secondary data from institutional reports and scholarly publications. The findings reveal three major issues: first, the absence of a legal mandate for governors to coordinate inter-district recognition processes; second, regulatory conflicts between provincial and district-level authorities, especially when indigenous territories cross administrative boundaries; and thrid the lack of harmonization between regional customary regulations and national laws. These obstacles have resulted in legal uncertainty, fragmented policy implementation, and continued marginalization of indigenous communities. This research contributes to the discourse on multilevel governance by emphasizing the overlooked role of governors in indigenous rights recognition. It also identifies practical entry points for policy reform, such as enhancing judicial review mechanisms, formalizing adat institutions, and improving spatial data integration across ministries. The originality of this study lies in shifting the analytical lens from district-level actors to the provincial level, proposing a coordinated, vertically and horizontally integrated governance framework for sustainable recognition of indigenous communities in Indonesia.

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