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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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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.
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.
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.
Ownership Ambiguity: A Study of Compensation for Crop Damage in Coconut Pawn Transactions in Islamic and Customary Law Arianti, Farida; Silvianetri, Silvianetri; Bashori, Akmal; Hanifuddin, Iza; Mughits, Abdul; Leli, Maisarah
Khazanah Hukum Vol. 7 No. 3 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i3.43793

Abstract

Control of the pawned coconut object over the damaged plants around the pawned object. The pawnbroker demands compensation for the damage to his plants around the pawned coconut tree. The purpose of this study is to examine how the control of the parties who carry out plant pawn transactions is exercised and how the legal responsibility is when damage occurs to the plants around the collateral object. This type of research is in the form of field research in the Lima Kaum Batusangkar area of ​​Indonesia. This study is descriptive qualitative with a case study approach. Primary sources from both parties who carry out the coconut tree pawn agreement. Secondary sources from the local community. Data collection techniques through in-depth interviews and observations. Analysis techniques with qualitative descriptive analysis. Findings from the field show that the pawnbroker still has power over the land where the coconut grows and plants young plants in the form of cayenne pepper around the area, while the pawn recipient also has power over the coconut fruit that has been pawned to him. This study concludes that compensation for damaged plants cannot be justified according to Custom, because the cayenne pepper plants prevent the pawn recipient from taking the fruit, in line with the pawn recipient's power, which includes the boundaries of the coconut tree land attached to immovable objects (land). According to Islamic jurisprudence, this is a naqish (limited time) property right, only one of which is owned (material or benefit).
Enforcement Gaps in Child Protection Law: Managing Strategy of Violence on Students in Islamic Boarding Schools and the Limits of Legal Compliance in Indonesia Kisbiyanto, Kisbiyanto
Khazanah Hukum Vol. 7 No. 3 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i3.43929

Abstract

This study investigates enforcement gaps in Indonesia’s child protection law by focusing on violence in Islamic boarding schools (pesantren) in Kudus. The research aims to examine why violence against children persists despite the existence of comprehensive statutes such as Law No. 35 of 2014 on Child Protection, Law No. 20 of 2003 on the National Education System, Law No. 18 of 2019 on Pesantren, and Law No. 12 of 2022 on Sexual Violence Crimes. Using a qualitative socio-legal method, the study combines normative legal analysis with empirical case studies drawn from media reports, NGO documentation, and secondary academic sources. The findings reveal four major enforcement gaps: limited accessibility of reporting mechanisms due to fear and hierarchical power relations; cultural normalization of violence through ta’zir as disciplinary education; fragmented institutional coordination without intersectoral SOPs; and the frequent use of restorative justice settlements that disadvantage victims. These results underscore that legal reforms alone are insufficient without accompanying cultural transformation, integrated institutional mechanisms, and community-based engagement. The study contributes to child protection discourse by proposing an integrative approach that harmonizes statutory law with religious moderation and communal values, while aligning with international standards such as the Convention on the Rights of the Child (CRC). The originality of this research lies in its contextual focus on pesantren, a relatively underexplored site in child protection scholarship, thereby enriching international debates on law, culture, and the protection of children in religious education settings.
Civil cases involving foreign individuals: Specificities and issues Muidenova, Aliya; Kozhantaeva, Zhauhar; Abdizhami, Aitugan; Madaliyeva, Akzada; Zhuldybayeva, Akmanat
Khazanah Hukum Vol. 7 No. 3 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i3.44029

Abstract

This research is relevant due to the lack of an effectively functioning institute of foreign individuals’ representation on the territory of the Republic of Kazakhstan. The work aims to analyse legislative regulations on foreign persons’ legal status in civil proceedings, their rights and obligations on the territory of Kazakhstan. The work analysed the status of non-resident individuals in accordance with the valid Civil Procedure Code of the Republic of Kazakhstan. It was found that there are problematic aspects in the current legislation regarding the functioning of an institute of foreign persons’ representation. According to the above, the main directions for improving the provisions of the Civil Procedure Code of the Republic of Kazakhstan for resolving this conflict have been provided in the work. The practical value of the obtained results is to increase the efficiency of the national legal system and to provide greater guarantees for foreign citizens.
From Conception to Childhood: The Evolution and Significance of Children's Human Rights Putra, Dedisyah; Kasman, Kasman; Harahap, Sumper Mulia; Faza, Amrar Mahfuzh; Nasution, Liantha Adam; Affan, Lazuardi Maulana
Khazanah Hukum Vol. 7 No. 3 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i3.44957

Abstract

This study aims to examine the evolution and significance of children's human rights from conception to childhood, with a particular focus on the Indonesian context, which is rich in cultural and religious diversity. Through a qualitative approach with normative and historical methods, this study analyzes the development of international and national legal norms governing child protection, as well as how social and religious dynamics influence the understanding of children's rights, especially in the prenatal phase. Data were collected through a documentary study of international legal instruments such as the Convention on the Rights of the Child (CRC), Indonesian laws and regulations, as well as academic literature and reports from international organizations. The results of the study show that although Indonesia has adopted various instruments for protecting children's rights, there are still normative gaps related to the recognition and protection of children's rights from infancy. Differences in views arising from cultural and religious diversity are both challenges and potential in formulating more inclusive policies. Therefore, a legal approach is needed that is not only based on international standards but is also sensitive to local values. This study is expected to contribute to the development of more comprehensive and contextual child protection policies in Indonesia.
Using Big Data in Criminal Investigations: Between Privacy and Efficiency Tavolzhanskyi, Oleksii; Shumeiko, Olena; Burda, Oleksandr; Orobets, Kostiantyn; Struchaiev, Maksym
Khazanah Hukum Vol. 7 No. 3 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i3.45201

Abstract

The growing complexity of criminal activity and the exponential expansion of digital data necessitate the integration of Big Data technologies into criminal investigations. This paper examines the legal, technological, and ethical implications of using Big Data in criminal justice systems, with a focus on balancing investigative efficiency and individual privacy rights. The research applies a combination of philosophical and normative legal analysis, along with systemic and historical methods, to assess how these technologies are transforming investigative procedures. Findings highlight the potential of Big Data to enhance investigative accuracy, especially through data mining and predictive analytics, but also underscore serious risks related to data protection and regulatory ambiguity. The paper calls for clearer legal standards, international cooperation, and ethical frameworks to guide the application of Big Data in criminal proceedings. Furthermore, it emphasizes the need for institutional accountability and judicial oversight to prevent misuse, ensure transparency, and uphold the rule of law in an increasingly data-driven legal landscape.
Regional Government Policy in Protecting Customary Land Rights: A Case Study of the Toba Batak Indigenous Community Simamora, Janpatar
Khazanah Hukum Vol. 7 No. 3 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i3.45647

Abstract

This study aims to examine the mechanism of recognition and implementation challenges concerning the Indigenous Peoples of Batak Toba Samosir, particularly in the protection of customary land rights, as regulated in Regional Regulation No. 1 of 2020 of Toba Samosir Regency. This research is significant considering that the protection of collective rights of indigenous peoples is a constitutional mandate often hindered by administrative and political constraints at the local level. Employing a normative juridical approach with a qualitative design, the unit of analysis comprises Regional Regulation No. 1/2020 and related legal frameworks. Data were collected through library research involving primary legal materials (legislation), secondary sources (academic literature), and tertiary sources (legal dictionaries and encyclopedias). The findings reveal that the recognition of customary territories is based on the principles of ripe-ripe (communal rights) and pangumpolan (individual rights), yet faces technical and administrative obstacles. These include the absence of a Regent Regulation (Perkada) as an operational guideline, the lack of valid spatial and historical data, and limited participation of indigenous communities in the verification process. This situation leads to inconsistencies between written legal norms and field implementation. The study highlights the need for regulatory synchronization between central and local governments, as well as the urgency of formulating an inclusive and implementable Perkada. The originality of this research lies in its focus on the tension between formal legal structures and customary norms within Indonesia's decentralized legal system.
Evaluating the Justice Framework in Land Acquisition: Legal and Policy Review of Government Regulation No. 39/2023 in Indonesia Krismantoro, Damianus
Khazanah Hukum Vol. 7 No. 3 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i3.46675

Abstract

Land acquisition for public interest is a strategic instrument in Indonesia’s national development agenda, yet it continues to generate legal, social, and human rights controversies. Previous studies tend to focus on procedural or administrative aspects, often overlooking normative justice, institutional coherence, and comparative legal perspectives. This study seeks to fill that gap by critically analyzing Government Regulation No. 39 of 2023 as a revision of Government Regulation No. 19 of 2021, focusing on its consistency with the principles of justice, the constitutional hierarchy of laws, and the broader goals of agrarian reform. Using a qualitative-descriptive method based on normative legal research, this article examines key legal instruments such as Law No. 2 of 2012, the Job Creation Law (Law No. 6 of 2023), and the Basic Agrarian Law (Law No. 5 of 1960). It integrates normative, institutional, and comparative frameworks to evaluate the role of the Land Bank Institution, the transparency of compensation mechanisms, and the degree of public participation. The article also assesses whether Government Regulation 39/2023 aligns with the redistributive spirit of agrarian reform and safeguards against potential human rights violations. Findings suggest that while the regulation introduces improvements in procedural structure and institutional roles, it remains limited in addressing structural injustices, particularly in relation to forced displacement, customary land claims, and access to legal remedies. This article offers a novel contribution by bridging doctrinal analysis with critical human rights perspectives and international comparisons, emphasizing the need for a justice-oriented reform in land acquisition policy.

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