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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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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.
Understanding the Dynamics of Gender-Based Violence in Ivory Park Policing Area, Gauteng Province, South Africa: A Comprehensive Analysis Hellen, Sekgobela; Adewale, Olutola; Modipa, Mmakwena
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.v5i3.25548

Abstract

Gender-based violence (GBV) remains a pressing global concern, particularly pervasive in South Africa, where women and children often fall victim to its devastating impact. This article conducts a qualitative analysis of GBV in the Ivory Park Policing Area, utilizing a non-empirical research design through a systematic review of secondary data. The study identifies critical challenges within the criminal justice system's response to GBV and proposes key preventive measures. Recommendations include the imperative training of law enforcement officials in handling GBV cases, allocating resources to expedite case processing, and fostering stronger collaborations between the South African Police Service and various stakeholders. This research aims to contribute actionable insights for policymakers, law enforcement agencies, and community leaders to effectively combat and prevent GBV in the Ivory Park Policing Area.
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.
Decentralization of Public Authorities in Ukraine: Administrative-legal, Environmental, Social and Customs Aspects Hladii, Oleksandr; Bondarchuk, Oleksandr; Zhadan, Yevgeny; Kucher, Ihor; Samus, Vadym
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.v5i3.30377

Abstract

The purpose of the research is to reveal the administrative-legal, environmental, social and customs principles of decentralization of public authority in Ukraine. Main content. The article reveals the main definitions of decentralization of power, analyzes advantages and disadvantages of the decentralization process in the public administration system. The article also presents the basic typology of decentralization of power in foreign countries and characterizes these types, as well as an attempt to summarize the reasons for performing decentralization in Ukraine.  Methodology:  The use of systemic, functional, and structural methods in this study made it possible to define concepts, types, as well as to establish the reasons for introduction of the decentralization reform in Ukraine. Conclusions. Various approaches to performing the reform in European countries and its results have been considered, which is due to the need to implement decentralization in Ukraine. The result of the work consists in determination of the main definitions of the decentralization of power, analysis of advantages and disadvantages of the decentralization process, definition of the main types of decentralization, as well as generalization of the main reasons for introduction of decentralization in Ukraine.
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.

Page 12 of 16 | Total Record : 151

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