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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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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.
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.

Page 11 of 16 | Total Record : 151

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