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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 116 Documents

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The Existence of The MPR Post Amendment to The 1945 Constitution Related to he Representative System in Indonesia Freddy Poernomo
Khazanah Hukum Vol 4, No 1 (2022): Khazanah Hukum Vol.4 No.1 April (2022)
Publisher : UIN Sunan Gunung Djati

Based on articel (2) point (1) the 1945 Constitution after reconstruction state that General Poeple Assembly consist of members from House of Representative and Regional House of Representative. According from this fact that General People Assembly is independent institution or organisation besides House of Representaive dan Regional House of Represntative. It’s consequensi that have three representative organ in Indonesia. Therefore General People Assembly is independent institution but don’t have legislative authority. There is deferent fact between House of Representaif and Regional House of Representative Authority.

The Legal Consequences of the Forgive Deed Bringed by the Prisoner to the Notary Reza Meilanda Lesmana; Dika Sidataufa Aryatama
Khazanah Hukum Vol 4, No 2 (2022): Khazanah Hukum Vol 4, No 2 August (2022)
Publisher : UIN Sunan Gunung Djati

Notaries as one of the public officials who are vulnerable to disputes in the agrarian sector as a consequence of negligence in carrying out their duties and authorities. This research uses the method of juridical analysis of the norms and legal customs that exist in the community public and analytical descriptive of the responsibilities of a notary and court decisions. The results of the study indicate that there is negligence and unlawful behavior carried out by both an appearer and the notary himself. This can be seen in the Decision of the Supreme Court of the Republic of Indonesia, Supreme Court Decision No. 185 PK/Pid/2010, the Notary was sentenced based on Article 263 paragraph (1) of the Criminal Code (KUHP) Juncto Article 55 paragraph (1) to the- 1 The Criminal Code (KUHP), which imposes penalties on notaries for falsifying documents. In this case, the Notary as a State official and serving as law enforcement is dealing with the law for actions that he did not commit, as a result of the parties submitting the deed by bringing fake letters or documents. While the Notary argued that his party did not know that the documents received from his client were fake. So that, there is a void of legal norms in the Notary Position Act relating to legal protection and the responsibility of the Notary in making the deed based on data and information falsified by the parties. Therefore, it is necessary to have justice and legal certainty that can solve these problems.

Juridical Study of Liability Execution Auctions Limit Value Below the Value of Loans Yekti Mumpuni; Ibnu Arly
Khazanah Hukum Vol 4, No 1 (2022): Khazanah Hukum Vol.4 No.1 April (2022)
Publisher : UIN Sunan Gunung Djati

Credit agreements made by banks with customers are a function of banks as channeling funds to the public, besides that banks also function as collectors of public funds. More results obtained from the distribution of funds than the collection is income for the bank which is known as the spread. However, focusing on spreads poses a risk that the customer (debtor) will not be able to collect it so that it is detrimental to the bank, therefore banks must apply the precautionary principle in extending credit to customers. If the debtor cannot be billed, the bank can execute the guarantee provided by the debtor as one of the requirements for obtaining credit, this is to cash the guarantee as a payment for bills that are not paid by the debtor. One way of execution permitted by law is through an auction of mortgage execution by way of registering the auction to the KPKNL and will be carried out by a Class I Auction Officer. In the auction there are two prices, namely the limit price and the auction price, each of which is the minimum bid price. auction offered by the seller (auction requester) and the maximum price of the auction offer given by the auction participant and is the winner of the auction. The problem that often occurs in the implementation of this auction is the determination of the limit price which is considered too low by the debtor so that it is detrimental to the debtor to obtain the maximum value for the auction, resulting in a lawsuit in court for the cancellation of the auction results due to unlawful acts. This happened in the decision of the District Court Number 144/Pdt.Bth/2020/PN Sby where Sri Suarwati et al., as the plaintiffs, filed a lawsuit to cancel the auction of the execution of mortgage rights for alleged unlawful acts to determine the collateral limit value that was too low for the collateral assets. resulting in the defendant being in debt even though the collateral has been auctioned off and released from it. Through the principle of justice, the auction institution should be able to provide happy results for all parties so that the KPKNL as the official State institution holding the mortgage execution auction and the Class I Auction Officer must be active and not only based on procedural completeness, but also be able to read the auction that will be submitted. the implementation of whether there is a violation of law in it because the deed of the minutes of auction issued is included in the authentic deed.

Legal Protection of Policyholders Due to Bankruptcy of Bumi Asih Jaya Insurance Danggur Feliks
Khazanah Hukum Vol 4, No 2 (2022): Khazanah Hukum Vol 4, No 2 August (2022)
Publisher : UIN Sunan Gunung Djati

PT. Asuransi Bumi Asih JayaInsurance or Asuransi Bumi Asih Jaya failed to pay due to many factors, one of which was due to the Covid-19 pandemic. This condition caused the investment portfolio of the two products to be problematic. After experiencing a default, the Supreme Court finally decided to go bankrupt. So that policyholders must get legal protection from the bankruptcy of Krishna Life. The formulation of the problem in this research is the legal position of the policyholder against the decision of the bankrupt Asuransi Bumi Asih Jayaand the legal protection of the Asuransi Bumi Asih Jayapolicy holder being declared bankrupt. This study also uses a normative juridical research method. As well as using a statutory approach and a conceptual approach. Based on the results of research and discussion of the legal position between Asuransi Bumi Asih Jayaand policyholders under Preferred Creditors and above Concurrent Creditors. Then there is also no legal relationship between Krishna Life and the Policy Holder. This provision is regulated in Article 21 of the Bankruptcy Law/PKPU, so during the bankruptcy process, the assets obtained from Krishna Life are still managed by the Curator because there has been a bankruptcy statement from the Supreme Court Judge at the cassation level. So that there is no legal relationship again between the Insurer, namely Krishna Life and the Insured, namely the policyholder. Legal protection for Asuransi Bumi Asih JayaInsurance even though it has been declared bankrupt based on Article 52 paragraph 1 of the Insurance Law. Asuransi Bumi Asih Jaya Insurance also has the same position and is entitled to obtain the proceeds from the sale of the debtor's assets, both the debtor's assets in the future. The bankruptcy estate settlement process from Life Insurance can be carried out by a Curator who starts the settlement of the bankruptcy estate after the bankruptcy estate is unable to pay and the debtor's business is terminated.

The Effectiveness of the Presidential Threshold Concept in the Presidential and Vice-Presidential Election System in Indonesia alwi al hadad; Ade Kurniawan; Irdan Nurdiansyah
Khazanah Hukum Vol 4, No 2 (2022): Khazanah Hukum Vol 4, No 2 August (2022)
Publisher : UIN Sunan Gunung Djati

This study aims to analyze how the effectiveness of the presidential threshold concept is implemented in the presidential and vice presidential elections in Indonesia. The theory used is the theory of democracy associated with political parties and elections. The method used in this study uses a normative approach by analyzing the law on the symptoms that exist in the election process, and using a qualitative approach by collecting existing data in literacy and literature. The results of the discussion show that the process of using the presidential threshold in the election results in pros and cons and conflicts in it because of various understandings and incompatibilities with the social life that exists in Indonesian society, which incidentally each region has its own culture. The character of the presidential threshold seems to be a planting bomb for every political party that carries each candidate because the strategies and steps that are determined can make a wrong position and have a negative impact on the related political parties

Legal Protection for Malnourished Children for Fulfillment of Health Services Amelia Pranita Ikhsan; Hasbir Paserangi; Muh Hasrul
Khazanah Hukum Vol 4, No 2 (2022): Khazanah Hukum Vol 4, No 2 August (2022)
Publisher : UIN Sunan Gunung Djati

A child whose health is disturbed, both physically and psychologically is a reflection of not achieving the child's welfare. To get the welfare of the child, every child has the right to get services from the government and the community. The government stipulates laws and regulations in order to enforce the right of children to obtain health services. However, the reality that occurs in the community is that children do not get maximum nutritional health services both at the puskesmas and hospital levels so that there is no decrease in the number of children suffering from malnutrition. There is a need for legal protection for malnourished children so that children's welfare can maximize the growth and development process properly. In this case, the law is tasked with ensuring the welfare of children and guarding the interests of children in providing child protection. This study uses a qualitative approach with empirical legal research techniques in data collection and uses content analysis in describing the data obtained. The results of the study found that the legal protection for malnourished children for the fulfillment of health services in the prevention of malnutrition in children who were not carried out optimally. Various cross-sectoral roles are needed in the effort to fulfill the rights of malnourished children. The implementation of legal health services based on Health Law no. 36 of 2009 must be implemented, especially in overcoming the problem of malnutrition so that all health problems can be overcome in an effort to overcome malnutrition.

Implementation of The Provision of Wages Below the Minimum Wage Provisions in Micro Enterprises and Small Businesses Arif Prasetiyo; Siti Hajati Hoesin
Khazanah Hukum Vol 4, No 2 (2022): Khazanah Hukum Vol 4, No 2 August (2022)
Publisher : UIN Sunan Gunung Djati

This research is based on the application of wages below the minimum wage for businesses that meet the criteria for micro and small businesses. As it is known that the provisions of the district and city minimum wages are a form of safety net for the economic life of Indonesian workers. However, often a common problem for micro and small businesses is that they cannot meet the minimum wage requirements because the economic capacity of their own businesses is different from that of large businesses. Through the Employment Creation Act, the government finally made changes to the labor cluster by providing special rules for micro and small businesses in terms of providing wages below the minimum wage. The problems that will be studied in this research are regarding the requirements to be able to provide wages below the minimum wage provisions and how to provide wages under the minimum wage provisions. The method used by the author in this study is a normative juridical research. The results of the research are an explanation of the conditions for businesses that can pay their workers' wages below the minimum wage, how to make a Collective Agreement so that they can pay wages below the minimum wage.

Interfaith Marriage in North Lombok: Sociological Perspective of Islamic Law Khairul Hamim; Muhammad Iskandar; Muhammad Azizurrohman
Khazanah Hukum Vol 4, No 2 (2022): Khazanah Hukum Vol 4, No 2 August (2022)
Publisher : UIN Sunan Gunung Djati

Interfaith marriage has no legal foundation. However, this marriage practice is still carried out among the people of North Lombok. Using a purposeful sampling methodology, the authors used a descriptive qualitative method to collect data from several interviewees, including village heads, religious leaders, and interfaith marriage players. According to this study, interfaith marriage requires the bride to follow the religion of her prospective spouse. Environmental factors, kinfolk or kindred, married by accident, sociocultural factors, a lack of religious knowledge, and transmigration all contribute to this marriage. At the very least, this marriage psychologically affects spouses and families. It also has an impact on the religious peace of the surrounding communities. In the meantime, interfaith leaders advise against interfaith weddings.

Mediation in Household Dispute Reconciliation: Prospects and Challenge Eneng Nuraeni; Ramdani Wahyu Sururi
Khazanah Hukum Vol 4, No 2 (2022): Khazanah Hukum Vol 4, No 2 August (2022)
Publisher : UIN Sunan Gunung Djati

Domestic disputes are disputes within the family environment. Family disputes are personal disputes that do not need to be exposed. The settlement of household disputes must prioritize the restoration of the situation to maintain good relations in the family order. Mediation is an effective way to resolve household disputes because mediation is a peaceful dispute resolution that accommodates common interests, ensures the confidentiality of both parties, is cooperative, consensual and a win-win solution. However, although mediation is an effective method and is a method that is guided by the Qur'an (Qur'an 4:35), in reality, mediation has not become the main choice. The method used is a descriptive analysis method with a normative juridical approach. Observations show that mediation is an ideal alternative for resolving household disputes because it prioritizes peace and restoration of good relations (reconciliation) in family ties. There are several ways to make mediation in household dispute resolution effective, including not violating the general principles of ADR (Alternative Dispute Resolution), strengthening the role/function of mediators and maximizing the skills of mediators. The challenges of mediation as an alternative for resolving household disputes are; socialization of mediation institutions has not been optimal, there is still a lack of certified mediators, not yet qualified mediator skills/skills, the level of conflict is quite severe, there is no good faith, peace agreements do not have legal force, mediation in court is not based on volunteerism but based on procedural lawsuits. Thus, there needs to be a concrete effort to make mediation a reconciliation of household disputes, including from the parties, mediators and regulations on mediation.

Troubled Financing Rescue Strategy in Musyarakah Financing: PT. Sharia NTB Bank Riduan Mas’ud
Khazanah Hukum Vol 4, No 2 (2022): Khazanah Hukum Vol 4, No 2 August (2022)
Publisher : UIN Sunan Gunung Djati

This study aims to evaluate the strategy undertaken by PT. Bank NTB Syariah in dealing with problems in musyarakah financing both in terms of policy and law. This research is descriptive qualitative research. The data in this study were obtained through an interview process with leaders from PT. Bank NTB Syariah and the analyst section of Bank NTB Syariah. Based on the results obtained, it can be concluded that PT. Bank NTB Syariah faces several problems, including weak supervision, availability of human resources, untrustworthy customers, customers who retire early, unstable weather, stalled project terms, customer death, not optimal Collateral, covid-19, to natural disasters. Steps that need to be taken by PT. Bank NTB Syariah is restructuring all aspects of financing. In addition, transaction systematics needs to be improved periodically

Page 5 of 12 | Total Record : 116

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Contact Name
Muhammad Andi Septiadi

Contact Email
Septiadi.andi90@uinsgd.ac.id

Phone
+6282176562270

Journal Mail Official
khukum@uinsgd.ac.id

Editorial Address
Jl. Cimencrang, Cimenerang, Kec. Gedebage, Kota Bandung, Jawa Barat

Location
Kota bandung,

Jawa barat

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Muhammad Andi Septiadi

Contact Email Septiadi.andi90@uinsgd.ac.id

Phone +6282176562270

Journal Mail Official khukum@uinsgd.ac.id

Editorial Address Jl. Cimencrang, Cimenerang, Kec. Gedebage, Kota Bandung, Jawa Barat

Location Kota bandung, Jawa barat INDONESIA

Abstract

Abstract

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Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Muhammad Andi Septiadi

Contact Email
Septiadi.andi90@uinsgd.ac.id

Phone
+6282176562270

Journal Mail Official
khukum@uinsgd.ac.id

Editorial Address
Jl. Cimencrang, Cimenerang, Kec. Gedebage, Kota Bandung, Jawa Barat

Location
Kota bandung,

Jawa barat

INDONESIA