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Muhammad Andi Septiadi
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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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Nature of Human Rights Violation on Female Garments Workers in Bangladesh MD. Basirulla; Farhat Tasnim
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.v5i1.22713

Abstract

Bangladesh, a fast-growing developing country, has been experiencing rapid development in export-oriented industrialization. The total contribution of the garment industries to the national foreign exchange earnings is around 83%. About 80% of garment workers are women, and most have migrated from rural areas to industrial cities. Female workers have been an important factor in the growth of the garment industry in Bangladesh. Despite its contribution to the national economy and employment opportunities, the garment industry in Bangladesh is beset by many grievances. Such as sexual harassment, health problems, lack of toilet facilities, exploitation of low-paid and overworked workers and large-scale social insecurity. The present research analyzed such violations from different aspects with a qualitative approach, The main objective of this paper is to find out the types and nature of human rights violations that occur against female garment workers in Bangladesh. The present research combines both exploratory and descriptive methods. Sampled garment workers from two selected factories were surveyed and interviewed to understand the practical situation at the field level. The data findings have provided a complete picture of the nature of the human rights violations that occurred. The human rights of women workers have been found to be violated from all nine indicators. The patriarchal socio-economic setting and economic vulnerability of the women and their lack of awareness, as well as reluctance and quick profit motive of the factory owners, have contributed most to such unwanted situations.
Security Challenges and the Proliferation of Small & Light Arms in Nigeria: Implication for National Development Mohammed Ghani Dass; Muhammad Auwal Sulaiman
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.v5i1.22710

Abstract

It is apt to note that the central impediment to sustainable peace and security is the constant and continued proliferation of small and light weapons (SALW). The escalation of these arms contributed/became a threat to peace and tranquillity in Nigeria and precipitated inter-ethnic conflicts leading to an insurgency on a light scale. The paper aims to examine the continued proliferation of small and light arms and the challenges to national security with particular reference to Nigeria and the sources. The study employed descriptive as its methodology anchored on the frustration framework within the secondary data source. The study unveils that arms proliferation is centred on the porosity of the Nigerian borders. This development contributes in no small measures precipitated security challenges. The paper concludes as part of its recommendations that governments should strengthen the security activities at the Nigerian border and train personnel on border-related issues. The paper concludes as a matter of urgency government should embark on the gainful employment of youths to subdue the activities of insurgents and terrorist attacks in the six (6) geopolitical zones of Nigeria.
Exploration of the Gaps in the Enactment and Implementation of the Domestic Violence Act of South Africa Sabelinah M. Tshoane; Paul O. Bello; Jacob T. Mofokeng; Adewale A. Olutola
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.v5i1.23863

Abstract

Domestic violence (DV) by women against men is as rife as violence by men against women. This paper argues that viewing DV as a crime committed only by men against women and never by women against men is wrong. The study explored the existence of domestic abuse against men and the gender neutrality of the Domestic Violence Act of South Africa using a mixed-methods research strategy. The Gauteng, Limpopo, and KwaZulu-Natal provinces in South Africa were used for data collection. A sample size of roughly 200 represents quantitative aspects. Open invitations were also extended to 30 people to participate in semi-structured one-on-one interviews for the qualitative research component, while questionnaires were sent to approximately 170 respondents. Participants and respondents included South African Police Service members who deal with gender-based violence (GBV); the Department of Social Development; the Commission for Gender Equality; non-governmental organisations (NGOs) in three selected provinces that deal with DV against men, namely Aka Sosha, Moshate, Matrix, and Real Men; male survivors of DV; religious leaders; members of the Department of Social Development; houses of traditional leaders; members of Families South Africa (Famsa); social workers; a psychologist; and members of Sonke (a GBV support group). The results revealed that South African men often experience domestic abuse. Secondly, the police do not treat male abuse victims in the same manner as female victims. Thirdly, there are no support services for male victims in South Africa. The study recommends the fair implementation of the law and legal support. Although the Domestic Violence Act of 1998 (as amended) is gender-neutral, its implementation is not. There is a need for healthcare professionals, mental healthcare workers (including psychologists and certified counsellors as community workers), police officials, legal personnel (including court administrators), and religious leaders to receive training on men's issues. This training will aid in providing care, protection, and counselling to male victims of DV.
THE RATIO OF MAUQUF HADITH AND COMPANIONS' IJTIHAD IN ISLAMIC LAW ISTINBATH Wahyudin Darmalaksana
Khazanah Hukum Vol 3, No 3 (2021): Khazanah Hukum Vol 3, No 3 November (2021)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v4i3.24893

Abstract

This study aims to discuss the ratio of mauquf hadith and ijtihad of friends in the case of mut’ah marriage being forbidden. This research uses a qualitative approach with descriptive methods. The results of the research and discussion show that the ijtihad of Umar ibn al-Khathab's friend regarding mut’ah marriage is a mauquf haqiqi hadith as the ratio of ijtihad mutlaq mustaqil and is a famous mauquf hadith as the ratio of ijtihad jamai', and the ijtihad of Umar's friend is the atsar of the Prophet SAW. the mauquf lafdzi category which is marfu hukmi because it has the support of the Prophet's provisions. This study succeeded in concluding that there is a ratio between the mauquf hadith and the ijtihad of a friend in the case of Umar ibn al-Khatthab's ijtihad in the Shari'a prohibiting mut’ah marriage which is accepted as an argument for Islamic practice.
Policy and Legal Analysis on Electronic Information and Transaction Laws Muhammad Andi Septiadi
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.v4i2.25051

Abstract

After the passage of the Information and Electronic Transaction law in Indonesia, there is a policy in the form of certain restrictions on conveying rights and aspirations through social media, of course highlighting the problem of hate speech. The purpose of this research is to add insight and application of the ITE Law in solving various problems ranging from hate speech to hate speech on social media. The method used in conducting research is the research method of Inductive qualitative data analysis techniques. This technique is used because it is considered to be able to support and assist us in facilitating the search for data and facts because this method is based on the data obtained and the ITE Law also requires many respondents so that the results of the research do not favor one party. The results of this study can be a reference whether the ITE Law is in line with the 1945 Constitution as a source of law in force in Indonesia. However, in practice there are still multiple interpretations of articles such as 27, 28 and 29 of the ITE Law. This article seems to be a scary thing for critics who are active on social media, or it can be misused as a tool to silence the truth and a political weapon, because there are still some powerful individuals who use this for personal gain. Our suggestion is that the government can review and revise the articles which still have multiple interpretations so that the possibility of having a negative connotation, and the community's stigma towards UU ITE itself can change.
Review of Islamic Law Against Reconciling Boupah After Triple Divorce shera yunita
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.v5i1.24695

Abstract

This research departs from two sub-districts, namely Sungai Beremas and Koto Balingka, sub-districts related to the reconciliation of a husband and his wife who has been divorced three times. In Islam, Allah regulates everything, including the rules of the permissibility of reconciliation. In triple talaq or Bain Kubra, a man is forbidden to reconcile with his wife unless the wife has remarried someone else and has mixed, then has been divorced, and her iddah period has expired, and then the first husband may marry her return. However, this rule does not apply to some people in Sungai Beremas and Koto Balingka sub-districts. The research method used in this study is a normative approach. The results of the study revealed that referring to boupah after being divorced three times refers to a husband who has divorced his wife three times, by which the husband must pay another man to marry his wife first with certain fees and agreements. The agreement between the two is that the husband and the man who marries his wife promise not to interfere with it and only marry and then divorce her. As for the review of Islamic law regarding the boupah reconciliation event, it is forbidden and considered an act prohibited by religion because it is playing with God's law.
Comparative Analysis of Forced Defence (Noodweer) in Dealing with the Crime of Persecution: A Study of Indonesian Criminal Law and Islamic Sitti Ma'rifah Nisrina; Haerana Haerana; Nur Azisa
Khazanah Hukum Vol 5, No 2 (2023): Khazanah Hukum Vol 5, No 2 August (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i2.25825

Abstract

This research delves into the legal framework of forced Defence in addressing the crime of persecution, examining its application in Indonesian criminal law and its comparison with Islamic law. The study employs a normative legal approach, utilizing statutory analysis and case study methods to provide insights into the nuanced distinctions between the two legal systems. The investigation reveals that forced defence arrangements are rooted in juridical considerations, which evaluate the circumstances of victims and perpetrators according to the principles and conditions delineated in the Criminal Code. Intent, legal psychology, and human instincts for self-preservation are integral to the evaluation process. Positive and Islamic laws allow forced Defence when actions align with expert opinions and scholarly interpretations. However, Islamic criminal law limits Defence , prohibiting actions that lead to death or adultery. This study contributes to understanding the legal rationale underpinning forced Defence  in the context of persecution. It underscores the similarities and disparities between Indonesian criminal law and Islamic law.
Women’s Right of Inheritance in Islam: Between the Sharia Provision and Demand of Socio-cultural Changes Mohd Anuar Ramli; Muhammad Ikhlas Rosele; Adang Darmawan Achmad; Hudzaifah Achmad Qotadah
Khazanah Hukum Vol 5, No 2 (2023): Khazanah Hukum Vol 5, No 2 August (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i2.29181

Abstract

Women’s inheritance is a never-ending issue. This issue has been frequently debated amongst academician, especially involving distribution of women’s inheritance, which is half of what men received. This polemic arises due to the changes in social system of Muslim society, which is now different than the early time of wahy (revelation) conveyance. This is due to the distribution ratio of 2:1 is already seen unreasonable, though still to be seen in the context of Islamic law and the fundamentals in determining this law. Hence, this article will focus on the polemic of women inheritance from the perspective of Islamic law to determine whether the men to women ratio of 2:1 is rigid, or whether there are other areas that place women before men. This article also discusses how far this right can change and the alternative solution to the issue in the context of current Islamic society. A descriptive qualitative approach was adopted with the primary data obtained through several relevant sources. Data analysis was carried out using a legal approach, a sociological approach, and a philosophical approach. This study concluded that with better education, more women have career and they also contribute to the family economy. This scenario has changed the marriage landscape. In other words, women no longer involve in a narrow domestic space; they are even capable to be alongside men in the public sphere. In accordance with this phenomenon, demand exists for equal inheritance right between man (son) and woman (daughter). Nevertheless, not all Islamic law can be changed due to the changes in the society sociocultural.
Enhancing Competence and Legal Safeguards for Foreign Medical Professionals under the ASEAN Mutual Recognition Arrangement (MRA): A Case Study of Indonesia Roswita Sitompul; Tommy Leonard; Kartina Pakpahan; Thela Valentine; Merry Roseline Pasaribu
Khazanah Hukum Vol 5, No 2 (2023): Khazanah Hukum Vol 5, No 2 August (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i2.28721

Abstract

This study aims to analyze the regulation of the medical profession in Indonesia in implementing the Mutual Recognition Arrangement (MRA), as well as the legal response to violations by foreign doctors and the government's efforts to increase the competitiveness of ASEAN foreign doctors in MRA professional standards. The normative-empirical method is used by collecting data through field studies, literature studies, and qualitative analysis. The results of the study show that a number of regulations including the Medical Practice Act, the Health Law, and the Presidential Decree regarding foreign workers governs the regulation of the medical profession in Indonesia related to MRA. The government is also trying to increase the competitiveness of foreign doctors by providing quality health infrastructure and creating a conducive investment climate. Legal responsibility for foreign doctors' violations of the medical profession includes civil, criminal and administrative aspects. This research provides insight into legal protection for the medical profession in the implementation of MRA and emphasizes the importance of government steps in increasing the competence of foreign doctors to maintain professional standards in the ASEAN context.
Synergizing Social Contract and Stakeholder Theories: An Analysis of Internal Security Preservation in Namibia's Context Kennedy K. Mabuku; Adewale A. Olutola
Khazanah Hukum Vol 5, No 2 (2023): Khazanah Hukum Vol 5, No 2 August (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i2.28722

Abstract

This study underscores the profound significance of internal security in shaping human existence and offers a timely examination of its contemporary relevance. Faced with escalating threats to societal well-being, the research focuses on the Namibian context to assess the capability of the Namibian Police Force in safeguarding internal security. Through the lens of Social Contract Theory, exemplified by Thomas Hobbes, the study argues that citizens possess a rightful expectation of effective policing, given the relinquishment of certain individual rights to the government. Simultaneously, the research draws on Stakeholder Theory, influenced by Freeman, to advocate for a collaborative approach to security preservation, asserting that while the police play a central role, responsibility should be shared among various stakeholders. This perspective stems from the acknowledgment that the multifaceted nature of contemporary insecurities necessitates a collective effort beyond the capabilities of the police alone. Consequently, the study proposes a constitutional amendment to integrate diverse stakeholders into the realm of internal security, emphasizing a balanced and inclusive strategy to effectively address the intricate landscape of security challenges.

Page 7 of 16 | Total Record : 151

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