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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 151 Documents
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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.
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.
Between Exclusivity and Inclusivity of Institutions: Examining the Role of the Indonesian Ulema Council and Its Political Fatwa in Handling the Spread of Covid-19 Hakim, Muhammad Lutfi; Prasojo, Zaenuddin Hudi; Masri, Muhammed Sahrin bin Haji; Faiz, Muhammad Fauzinudin; Mustafid, Fuad; Busro, Busro
Khazanah Hukum Vol 5, No 3 (2023): Khazanah Hukum Vol 5, No 3 December (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i3.30089

Abstract

The Indonesian Ulema Council (Majelis Ulama Indonesia, MUI) was stigmatised as an institution accommodating conservative Islamic groups’ interests post-New Order. However, the religious fatwas produced by the MUI during the Covid-19 pandemic in 2020 had prioritised independence so that it returned to its original role, namely as a translator of government policies. For this reason, this article aims to examine the MUI fatwas and its relationship to state policies in tackling the spread of Covid-19. It is a qualitative research study with a historical approach, examining the content of seven fatwas issued by the Fatwa Commission (Komisi Fatwa) between March and July 2020 as the primary data sources. This study found that MUI’s legal arguments and methods are more inclusive, flexible, and progressive towards socio-religious problems. These fatwas have become a reference for the government in taking policies to suppress the spread of Covid-19. It is reinforced by the fact that several fatwas issued by MUI were used as guidelines by the government in formulating policies to curb the spread of Covid-19. Therefore, the authors argue that the MUI’s fatwa politics not only serve the interests of the Muslim community but also align with the state’s interests in tackling the spread of Covid-19. Thus, the debate regarding the stigmatisation of the role of MUI can be dismissed through these findings, providing new insights into the dynamic interplay between religious and legal frameworks.
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.
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.
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.
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.
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.
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.
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.

Page 10 of 16 | Total Record : 151

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