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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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Navigating Legal Implications: The Impact of Enhanced Smartphone Integration on Security in Organizational Networks Kenneth Ohei
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.v5i2.28723

Abstract

The escalating integration of smartphones within organizational frameworks has been driven by their augmented functionality, especially pertinent during the global pandemic. However, this surge in device utilization has concurrently amplified concerns surrounding security, as sensitive data becomes increasingly susceptible. In this context, the study conducted a survey to assess the security implications of smartphone integration while considering the legal aspects. The findings unequivocally substantiate the notion that smartphones pose substantial security risks, particularly when users stray from established protocols, potentially leading to legal consequences. Drawing from prior research emphasizing mobile devices' vulnerability, we advocate for a preemptive legal stance, suggesting the installation of anti-malware software on smartphones as a legally sound countermeasure. By doing so, organizations can thwart potential hacking endeavors, thereby not only fortifying network security but also mitigating legal liabilities and shielding sensitive information in compliance with relevant regulations. The implications of this study extend to organizational management and legal teams, enabling them to enact effective policies that reinforce network security and adhere to evolving legal challenges. This research underscores the significance of striking a balance between technological integration and safeguarding confidentiality within the boundaries of the law, offering essential insights for organizational resilience in an increasingly digitized landscape while avoiding legal pitfalls.
Exploring Child Rights and the Concept of Childhood in Islam: A Contemporary Descriptive Analysis Mohammed Houmine; Khadija Loudghiri
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.v5i2.28734

Abstract

This study delves into the realm of children's rights and the concept of childhood, comparing Occidental research spanning the last century and the first two decades of this century with the role of Islam and Islamic civilization in safeguarding these rights. Through an examination of Sharia sources, relevant books, and articles, a descriptive analysis method is employed to uncover the presence of child rights notions and childhood concepts in Islamic references. The findings showcase Islam's robust emphasis on children's rights across various dimensions and the recurrent presence of childhood in diverse sources. Moreover, the study reveals a misrepresentation by certain Western authors regarding the historical trajectory of child rights and childhood within the Islamic framework. In essence, this research underscores Islam's significant contributions to nurturing child rights and advancing the notion of childhood, shedding light on an often underexplored aspect of Islamic civilization.
The Concerns of Nation-State Sovereignty and International Commercial Law: A Path to Harmonisation Vang-Phu, Tran; Anh Son, Duong
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.v6i1.33809

Abstract

The current body of literature on international business and commercial laws demonstrates the inherent conflict between the legal system and the sovereignty of nation-states. The phenomenon of globalization has amplified the influence of non-state actors, regional organizations, and free trade agreements, resulting in a significant demand for international arbitration. The incorporation of international commercial laws into the current standard is increasingly prevalent, as nation-states discover the benefits of adhering to such laws. Conversely, the concept of national sovereignty, which exerted significant influence in recent years, appears to be facing substantial challenges due to the emerging trends in an increasingly interconnected globalized world. Nevertheless, the nation-state and its sovereignty maintain a significant impact on the dynamics of power and trade between different nation-states. This study undertakes an examination of the substantial discord between principles of international commercial law and the sovereignty attributed to nation-states, with specific attention directed towards the prospects of achieving harmonization. Moreover, it delves into the intricacies and challenges inherent in the pursuit of harmonization within this specific domain.
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.
Fulfilling the Rights of Social Workers: Aspects of Social Security in Indonesia Rosidin, Utang; Nurfurkon, Ardika; Uang, Dedy Pribadi
Khazanah Hukum Vol 6, No 2 (2024): Khazanah Hukum Vol 6, No 2 August (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i2.33937

Abstract

The purpose of this article is to describe the fulfillment of social work rights, analyzing the extent to which the government provides social security for social workers. This study uses a qualitative method with a normative juridical approach. The analysis in this study contributes to the fulfillment of social workers' rights in terms of social security and provides recommendations regarding social security regulations as a fulfillment of social workers' rights. The results show that three aspects must be considered in the rights of social workers to social security in Indonesia, namely (1) Fulfillment of Social Workers' Rights, (2) Anticipation of regulations against the risks of social workers, and (3) Social security for social workers in Indonesia. From these three aspects, there are several efforts made by the government in regulation that has issued Law Number 14 of 2019 concerning Social Workers, but the law only regulates the Rights and Obligations of Social Workers in Indonesia. The findings may also impact the lives of social workers, including improved financial well-being, job security, and professional satisfaction. Previous studies have not discussed the aspect of social security as a fulfillment of social workers' rights, so this research contributes to this void by paying attention to the analysis of the fulfillment of social workers' rights in terms of social security aspects.
Human Rights and Features of their Protection in Conditions of War: International Legal Standards, Administrative, Constitutional and Criminal Aspects Zaporozhchenko, Yuliia; Leheza, Yuliia; Volkova, Yuliia; Pushkina, Olena; Koval, Marat
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.v5i3.33290

Abstract

The article is devoted to analysis of constitutional human rights and freedoms under martial law. The main focus is made on the analysis of human rights that may be restricted during martial law. Human rights are divided into absolute ones and relative ones. Absolute rights are determined as rights that cannot be limited under any circumstances. The legal definition of martial law is analyzed. It was found that martial law is the main legal basis for limiting the constitutional rights and freedoms of the person and of the citizen. Grounds for introducing martial law include threats to national security and territorial integrity. Attention is focused on the mechanisms and guarantees aimed at protection of human rights in conditions of martial law. Any restrictions on human rights must be justified, proportionate and necessary to achieve the legitimate goals of security and defense of the state. Affirmation and provision of human rights and freedoms is the main duty of the state. Therefore, during the legal regime of martial law the state cannot cancel its obligation to guarantee human rights. The list of rights which are not subject to restriction even during martial law, are human and citizen’s rights guaranteed by the Constitution. Respect for human rights is a guarantee of state power both at the national and international levels.
Re-Reading Al-Uqud Al-Murakkabah: Types and Models of Hybrid Contracts Concept in Fatwa DSN-MUI Pitriani, Pitriani; Witro, Doli; Nurjaman, Muhamad Izazi; Hibaturohman, Iib; Sidqi, Imaro
Khazanah Hukum Vol 6, No 2 (2024): Khazanah Hukum Vol 6, No 2 August (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i2.34717

Abstract

The aims of this research is to clarify the type of multi-contract used by National Sharia Council-Indonesian Ulama Council (DSN-MUI) in its product innovation, so that the multi-contract concept used is a multi-contract concept that is in accordance with sharia rules and principles. This research is sharia economic law research that uses descriptive literature research methods. This research uses a normative juridical approach. The primary data used in this research is the DSN-MUI Fatwa which is related to the concept of hybrid contracts in the innovation of sharia banking products. Meanwhile, Secondary data sources include various sources of literature such as laws, scientific articles, books, and others. The data analysis technique used was the cumulative data analysis technique of Miles et al., namely data condensation, data presentation, and drawing conclusions. This study found that so far, the DSN-MUI has used the type of multi-contract for similar contracts (a combination of muawadhat contracts) and also non-similar contracts (a combination of muawadhat contracts and tabarru’ contracts) provided that there is a separation of agreement documents to avoid usury schemes for the use of these contract combinations and income (both margins, ujrah, and profit sharing) is obtained from the use of muawadhat contracts. This non-similar contract combination scheme is confirmed in the Fatwa on the Income of Islamic Financial Institutions (LKS) During the Construction Period (Fatwa No. 142 of 2021), namely Al- Uqud al-Murakkabah al-Muta’addidah. Meanwhile, the hybrid contracts scheme for similar contracts uses the Al-Uqud al-Murakkabah al-Mutajanisah hybrid contracts scheme
Ensuring National Security under Martial Law Conditions: Legal Regulation, Threats, Cooperation and Directions for Improvement Nosach, Andrii; Melnyk, Sergii; Rusetskyi, Anatolii; Pinchuk, Yuliia; Piadyshev, Volodymyr
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.v6i1.33936

Abstract

The purpose of the article is to reveal the legal regulation of ensuring national security in the conditions of martial law (threats, cooperation and directions for improvement).  It has been established that ensuring national security of Ukraine includes a complex of national and international measures. It has been emphasized that financing is one of the important problems in the system of ensuring national security. The financial security of a state as a component of its national security is the basis of the economic development of the country, which ensures sovereignty and integrity of the country, as well as a decent standard of living of its citizens. The financial security of a state as a component of its national security is the basis of the economic development of the country, which ensures sovereignty and integrity of the country, as well as a decent standard of living of its citizens. Another problem of ensuring national security in wartime conditions consists in preventing and combating corruption.  Corruption destroys development of the military-industrial complex, prevents introduction of innovative means of protection for military personnel, it disturbs development and testing of new weapons, new technologies, and hampers provision of military personnel with the necessary equipment, protection and weapons. It was concluded that only cooperation can solve the urgent strategic tasks of ensuring national security in difficult world conditions and new globalization challenges. 
Ensuring Legal Safeguards for Digitalized Social Services within the Framework of Government Decentralization Panov, Ihor; Petrosyan, Kristina; Dobroboh, Liudmyla; Chernobuk, Valentyna; Rashed, Yuliia
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.v5i3.30834

Abstract

The purpose of the study is to digitize the social services system in the context of decentralization of power: legal regulation and areas of improvement. Main content. It has been established that new online services are being introduced in Ukraine to enable consumers to receive such services virtually. In our opinion, in the future, these services should simplify the procedure for access to them, taking into account the entities which are primarily interested in using them, and expand the scope of their provision: from informing the consumer to obtaining the result. The society and science development requires the introduction of new technologies into the service system. It has been concluded that the need to use information technologies in judicial proceedings is due to the global informational support of modern society, and development of new interaction forms in the social area using electronic means of communication: the global Internet, mobile and satellite communication systems. The author reveals the essence of "Portal Diia", which is introduced within the framework of the Unified Social Information System of a single electronic document in the social matters, and highlighted the disadvantage of this application: ensuring the protection of personal data, and access to information about the citizen sphere of interests accumulated in computer networks.
Changes in Halal Product Guarantee Regulations Perspective of Legal Politics and Consumer Rights Protection Sopiah, Evi; Safe'i, Abdulah; Marlina, Elly; Suhendar, Heris
Khazanah Hukum Vol 6, No 2 (2024): Khazanah Hukum Vol 6, No 2 August (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i2.35969

Abstract

A halal product guarantee is a legal certainty regarding the halal status of a product produced by a business entity, which is evidenced by the issuance of a halal certificate by the government. The focus of the research examines the changes in halal product guarantee regulations within the Omnibus Law using a legal politics and consumer legal protection approach. This research is normative legal research whose object of study is the history of changes to halal product guarantee regulations in the Job Creation Act and its implications for consumer legal protection. Legal and non-legal materials were obtained from document studies and literature studies in the form of academic texts, draft laws, problem inventory lists, laws and regulations related to halal product guarantees and consumer protection, journals, and other documents relevant to the research issue. Changes in halal product guarantee regulations are a strategic step to strengthen the national halal industry and increase the competitiveness of Indonesian halal products in the global market. Changes in regulations prioritizing business actors' statements as the basis for halal certification can overcome the low awareness of business actors regarding halal certification obligations. In addition, changes to halal product guarantee regulations provide legal protection for consumers through guarantees of legal certainty, both preventively and repressively through self-declaration policies by implementing special limitations, conditions, and criteria for halal certification obligations for micro and small businesses, as well as administrative sanctions. and criminal penalties for business actors who commit acts or violations that can harm consumers.

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