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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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A Sociological Approach to Consumer Protection in E-Commerce Transactions During the Covid-19 Pandemic Dena Ayu; Mursal Mursal; Putri Jianti; Doli Witro; Rifqi Nurdiansyah
Khazanah Hukum Vol 4, No 3 (2022): Khazanah Hukum Vol 4, No 3 November (2022)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v4i3.18690

Abstract

This article uses a sociological approach to discuss consumer protection in the sales system through e-commerce during the covid-19 pandemic. This study aims to provide legal certainty to consumers by highlighting consumer protection laws and the role of the government in protecting people who make transactions in e-commerce. This article is juridical-normative research. This article uses qualitative data that is a literature study. In this case, two types of data are used: primary and secondary data. Primary data includes Law Number 8 of 1999 concerning Consumer Protection. At the same time, secondary data is obtained from library sources such as books, scientific articles, theses, dissertations, research reports, internet websites, and other data sources. Miles et al. used the qualitative data analysis technique, namely data condensation, data presentation, and concluding. The analysis results show that the consumer protection law does not only apply to consumers but to everyone who transacts in it. Consumer protection is very much needed to maintain security and provide convenience for sellers and buyers in carrying out economic transactions in the covid-19 pandemic. The role of law in consumer protection following the Consumer Protection Law Number 8 of 1999 provides efforts to ensure legal certainty to protect consumers.
The Representation of Social Actors in Political Editorial Reports of an On-Line Indonesian National Newspapers Barzan Faizin
Khazanah Hukum Vol 4, No 3 (2022): Khazanah Hukum Vol 4, No 3 November (2022)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v4i3.20813

Abstract

This article is a critical discourse analysis of the representation of social actors in an on-line Indonesian National newspaper’s (Media Indonesia) editorial reports on the political issues on ‘intolerance’ recovery, the allocation of Regional Government Budget, and reclamation project post the Jakarta governor election 2017. In line with this historical event, this study attempts to examine how social actors—Anies, Ahok and society are  represented in the MI’s editorial reports. The main objectives of this research are: (1) to examine the exclusin and inclusion strategies in which the social actors are represented in the reports, and (2) to describe how the social actors are positioned (whether) in the positive self- and negative other presentation This study applied Van Leeuwen’s Social Actor Network and Wodak’s Discourse-Historical Approach. The study reveals that the present governor, Anies is mostly represented negatively in the political issues post the Jakarta governor election 2017. Conversely, the other social actor, Ahok is completely portrayed in a positive manner and society is depicted in a neutral mode. In the terms of power and ideology, it is obvious that Media Indonesia has a dominant power over its readers, and embraces secularism ideology in politics and capitalism ideology in economy.
Juridical Analysis of The Execution of Confiscated Objects: A Case Study of Narcotics in the Blora State Court of Positive Law And Islamic Law Perspective Karyono Karyono; Aidul Fitriciadia Azhari; Natangsa Surbakti
Khazanah Hukum Vol 4, No 3 (2022): Khazanah Hukum Vol 4, No 3 November (2022)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v4i3.19055

Abstract

The Blora District Prosecutor's Office is a state agency with authority to carry out lawsuits against perpetrators of criminal cases, including narcotics crime cases. In the case of narcotics, the Prosecutor's office is also authorized to store and destroy confiscated narcotics. This is to the laws and regulations that narcotics confiscated objects should be stored in the State Confiscated Objects Storage House (Rupbasan) by Article 44 of the Criminal Procedure Code. The destruction of narcotics confiscated objects is carried out no later than seven days after obtaining a legal decision and has permanent legal force from Blora District Court, as regulated in Law Number 35 of 2009 concerning Narcotics. In this study, researchers took several legal decisions at the Blora District Court, which had differences in executing narcotics confiscated objects. This qualitative research combines data on legal decisions and interviews with law enforcement officials. This study also uses positive legal theory and Islamic Law to analyze the problems that occur in criminal narcotics cases, especially in the execution of narcotics confiscated objects. So the results of this study conclude that there is discretion from the results of legal decisions with laws and regulations governing the execution of confiscated objects in narcotics crime cases at the Blora District Court.
The Role of Legal Aid Post (Pos Bantuan Hukum) in Serving Uncapable Communities in the Bandung Religious Court Maulida Zahra Kamila; Nurohman Nurohman; Usep Saepullah
Khazanah Hukum Vol 4, No 3 (2022): Khazanah Hukum Vol 4, No 3 November (2022)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v4i3.18851

Abstract

Legal Aid Post (Posbakum) as the role of one's gateway to access justice is intended for those who are economically incapable, it is necessary to know the procedures and mechanisms of legal aid services and the extent to which these roles are deemed effective or not by the beneficiaries. This study focuses on the implementation of legal aid for economically disadvantaged communities in Legal Aid Post (Posbakum) Court using descriptive analysis research methods, the type of data used is empirical juridical,data sources are obtained from primary data and secondary data which are then analyzed qualitatively. The results of the study (1) recipients of legal assistance brought a Certificate of Incapacity (Surat Keterangan Tidak Mampu (SKTM)) from the local village and were brought to the consultation desk to fill out a form that contained in a nutshell the identity of the applicant and a brief description of the subject matter of the case, then legal advice was given by a lawyer or legal aid post (Posbakum) officer. available, if the requirements and forms have been filled in completely, then the typing will be given to assist in making legal documents. (2) The factors that become the benchmark for its effectiveness have not been fully achieved, so it can be said that the legal aid post (posbakum) at Bandung Religious Court has not been effective.
The Effect of Cost Determination in the Provision of Halal Certificates on Traded Products in Makassar City Azzah Azimah Assagaf; Juajir Sumardi; Winner Sitorus
Khazanah Hukum Vol 4, No 3 (2022): Khazanah Hukum Vol 4, No 3 November (2022)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v4i3.19945

Abstract

In terms of food or goods and their use, Islam commands its followers to eat and use good, holy, and clean ingredients. Allah Subhanahu Wa Ta'ala says which means: "O mankind, eat what is lawful and good from what is on earth, and do not follow the steps of the devil, because indeed the devil is a real enemy for you." (Q.S. Al-Baqarah, 2:168). In other words, the concept of perfect and recommended food is “halal and good food.” Since the Covid-19 pandemic has spread throughout Indonesia, many have turned into traders to provide for themselves and their families due to mass layoffs. However, if you want to sell, you need to pay attention to the composition that will be used, because in Article 4 of Law Number 33 of 2014 concerning Halal Product Guarantee, which states "products that enter, circulate, and trade in Indonesian territory must be certified halal" and this article came into effect on October 17, 2019. However, there are still many MSME (Micro, Small, and Medium Enterprises) who do not have a halal certificate due to cost constraints. etc. The purpose of this study was to evaluate and find answers related to the effect of determining costs and procedures for obtaining a halal certificate on the ease of doing business for businessmen in Makassar City. This research is an empirical research, both quantitative data and qualitative data were analyzed using a qualitative descriptive approach. The results of the study indicate that the determination of costs and procedures for obtaining a halal certificate greatly influences the ease of doing business for businessmen in Makassar City, especially MSME. Of the 60 MSME who have filled out this research questionnaire, 38 MSME (63.3%) admitted that determining the costs and procedures for obtaining a halal certificate was burdensome/complicated for MSME and 22 other MSME (36.7%) claimed to make it easier.
The Effectiveness of Coordination and Supervision of Civil Servant investigators (PPNS) by Republic of Indonesia Police Investigators in the Jurisdiction of South Sulawesi Regional Police Nadia Nurul Izmi Dawali; M. Syukri Akub; Nur Azisa
Khazanah Hukum Vol 4, No 3 (2022): Khazanah Hukum Vol 4, No 3 November (2022)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v4i3.20572

Abstract

The purpose of this research is to analyze the effectiveness of coordination and controlling of civil servant investigators by Indonesian police investigators in the police icate that the effectiveness of coordination and controlling of civil servant investigators by Police Investigators is still ineffective. In practice, there are difference boundaries of the jurisdictional authority of each institutions and there are different perception in each institutions towards on the criminal investigators process with Police investigators. Meanwhile, the efforts of police investigators to improve the implementation of coordination and controlling function to process criminal investigation by civil servant investigators in the police jurisdiction region south Sulawesi is providing guidance for developing civil servant investigators capability and supervision between the related institutions. The efforts of the police investigators towards civil servant investigators capability development have been effective as it proved held once in every year and the supervision between the related institutions will be held if the head of civil servant investigators institutions make some request. Civil Servant Investigators are expected to maximize the function of coordinating and controlling the investigation with police investigators in this case Korwas Investigators, so that the law enforcement process can run synergistic.
Elimination of Violence Against Children During the Covid-19 Pandemic based on the United Nations Convention on the Rights of the Child (UNCRC 1989) Nurul Fatia Kurniasi; Juajir Sumardi; Iin Karita Sakharina
Khazanah Hukum Vol 4, No 2 (2022): Khazanah Hukum Vol 4, No 2 August (2022)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v4i2.19350

Abstract

Violence against children is included in the highest cases of human rights violations during the Covid-19 pandemic. It will affect and has affected the lives of children throughout the world, especially in Indonesia. Children are a vulnerable group who need special protection during this pandemic because, during the pandemic, cases of violence against children are now shifting from the home. Indonesia has ratified the United Nations Convention On The Rights Of The Child (UNCRC 1989) through Presidential Decree Number 36 of 1990, in which the formation of national legislation, Indonesia must use the same principles based on the convention. The actualization of national law has been repeatedly launched to eliminate violence against children in Indonesia. The problem formulation of this research is how to eliminate violence against children in Indonesia during the Covid-19 pandemic based on the United Nations Convention On The Rights Of The Child (UNCRC 1989). The purpose of this study was to determine the extent of the state's responsibility in realizing the elimination of violence against children during the Covid-19 pandemic based on the 1989 UNCRC. This research is an empirical descriptive study. The study results show that the 1989 UNCRC has been implemented into Law Number 35 of 2014 as a form of state obligations and responsibilities. In this case, efforts to protect, recover, prevent, and eliminate violence against children in Indonesia, especially in Makassar, have not been appropriately fulfilled and are ineffective yet. This is evident from the lack of legal counseling, and the provision of legal assistance for child victims of violence has not been optimal. Hence, many children still do not get their right to feel safe and protected during the Covid-19 pandemic. It is the responsibility of all stakeholders to increase productivity, human resources, and implementation of the 1989 UNCRC to realize the elimination of child violence in Indonesia.
Crypto Digital Asset Phenomenon in Hadith Review with Anthro-Economic Social Approach Apriliah Apriliah; Wahyudin Darmalaksana
Khazanah Hukum Vol 4, No 3 (2022): Khazanah Hukum Vol 4, No 3 November (2022)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v4i3.19048

Abstract

This study aims to discuss the phenomenon of crypto digital assets in the review of hadith through an anthropo-economic social approach. This study uses a qualitative approach through descriptive-analytical methods. The results of the research and discussion show that cryptocurrency can be understood as a digital currency for virtual transactions or those based on an internet network in which there are differences of opinion among scholars. This study concludes that the use of crypto is prohibited based on the hadith about buying and selling that can lead to gharar and according to the views of scholars in Indonesia, this is related to the precautionary principle as far as cryptocurrency has not guaranteed security in the implementation of the socio-anthro-economic perspective of the Islamic community. This study recommends Islamic economic institutions such as Islamic financial services authorities and Islamic banking to conduct a more in-depth study of security guarantees in the use of digital crypto in Indonesia.
The Effects of Marriage and Divorce on Women's Nationality in the Iranian Law Seyed Mohsen Hashemi Nasab Zavareh
Khazanah Hukum Vol 5, No 1 (2023): Khazanah Hukum Vol 5, No 1 April (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i1.22565

Abstract

As the first and foremost social institution, the family significantly impacts its immediate larger society. Also, the importance of family as a key figure in a healthy society and the necessity of strong relations between spouses make it imperative to devise the required legal devices. As women are prone to suffer and receive more damage in cases of family breakdown, the legislator should develop and establish more protective statutes concerning women's rights. This study uses legal research methods with a qualitative approach. To protect Iranian women's rights, the legislator distinguishes cases where an Iranian woman marries a foreign man and those where Iranian men marry foreign women. In the former case, the wife's change, or retention, of nationality is subject to the laws of the husband’s State. In contrast, in the latter case, the legislator enforces the unity of nationality principle. Marriage between Iranian women and foreign men causes women to experience many changes and limitations regarding their national and inheritance rights. Also, they may lose their Iranian nationality due to their marriage —in cases when the husband’s nationality, due to the law of the husband's State, is forced upon the wife. On the other hand, foreign women married to Iranian men, though forced to accept Iranian nationality, encounter fewer limitations resulting from marriage. Upon Divorce, they are neither forced to accept a nationality, unlike when marriage is celebrated, nor denied their Iranian nationality. They can choose whether to remain an Iranian national or recover their original nationality.
The Role and Impact of Forensic Investigations Unit in the Fight Against Fraud, Corruption, Irregularities, Financial Misconduct and Maladministration in the Public Sector of South Africa Tumiso D. Mokhomole
Khazanah Hukum Vol 5, No 1 (2023): Khazanah Hukum Vol 5, No 1 April (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i1.22605

Abstract

This article examines the role and impact of the Forensic Investigations Unit in the fight against fraud, corruption, irregularities, financial misconduct and maladministration in the public sector of South Africa. Section 85(b) of the Public Finance Management Act, 1 of 1999 (PFMA) requires the Minister of Finance to craft regulations stipulating matters relating to the investigations of allegations of financial misconduct. The study adopted a qualitative research approach. Eight (8) participants from the Forensic Investigations Units of various state departments/ institutions were interviewed using open-ended questions. The study followed a purposive sampling guide as a participant were purposively selected. The study found that the role of the Forensic Investigations Unit in the public sector is to investigate the allegations of common law offences such as fraud, corruption, maladministration and financial irregularities. This Unit's impact is to reduce fraud and corruption incidents within the public sector and promote ethical public service through its recommendations. This study recommends amendments to the Public Service Act 1994 (PSA) and Part Three of the Public Service Regulations 2016 (PSR). The amendment is to fulfil the role of the Forensic Investigations Unit as part of a multi-anti-corruption agency in government departments/agencies. It is hoped to resolve reported allegations of fraud, corruption, irregularities and maladministration in the South African public sector quickly and effectively.

Page 6 of 16 | Total Record : 151

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