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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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Constitutional, Administrative and Criminal Law Regulation of Protecting Rights of Internally Displaced Persons: Foreign Experience and Directions for Improvement Balynska, Olha; Korniienko, Maksym; Martseliak, Oleh; Halunko, Vira; Mahnovskyi, Ihor
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.v6i1.33775

Abstract

The purpose of the article consists in revealing the constitutional, administrative and criminal law foundations of protecting rights of internally displaced persons, problems of implementing foreign experience and identification of directions for improvement. It is substantiated that the system of individual protection standards is a kind of international mechanism for ensuring first of all the status of rights and freedoms of internally displaced persons, the corresponding guarantees regulated by the norms of universal, regional and special treaties, implemented by authorized subjects of public administration in various spheres of society. Attention is focused on compliance with the Guidelines of 1998, which are the basis of the legal acts of the European Union, the Council of Europe and other democratic countries. However, the existing standards of individual protection are not uniform, and there is no corresponding institutional mechanism. Universal, supranational, regional, mandatory, recommendatory, permanent and temporary standards are singled out. The authors conclude that the Ukrainian authorities are entrusted with important tasks, functions and powers to guarantee the rights and freedoms of internally displaced persons, as well as tasks concerning implementation and protection of such rights and freedoms, restoration of violated rights and implementation of existing international standards and best foreign practices. Therefore, it is natural to improve Ukrainian legislation and ensure effective and accessible procedures. Proposed are ways to solve existing problems in the sphere of social protection, electoral law, housing and land rights, and provision of legal aid.
Reevaluating the Formal Requirements of Wills: Advocating for the Integration of Electronic Wills Nwabueze, Lilian Ifeoma; Gasiokwu, Peter Ikechukwu
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.v6i2.35933

Abstract

This paper aims to examine the nature and purpose of the formal requirements of Wills, highlighting their limitations and the need for adaptation in the context of modern electronic communication. The doctrinal research method was employed to evaluate legal problems and analyse the current statutory framework governing Wills. The study found that the traditional formal requirements for Wills, intended to provide testamentary protection and serve as legal proof of execution, often fail to meet their purpose effectively. Judicial and judicious applications of these rules have revealed significant limitations. There is an urgent need for the law to adapt to technological advancements by incorporating electronic Wills. This adaptation would address the inadequacies of current formal requirements and ensure the effectiveness of testamentary dispositions as evidenced in its use in South Africa by all categories of persons- with or without legal knowledge; in the United States of America for exigencies and in Australia to ensure high level of confidentiality and secrecy. The paper recommends articulated formalities supported by electronic communication to achieve testamentary goals. It suggests amendments to the extant laws on Wills in jurisdictions where provisions for dispensing powers are missing while detailed and applicable electronic Will legislation is recommended for jurisdictions that have long recognized the need for testamentary disposition to join the global advancement in technology.
A Comprehensive Comparative Analysis of Mediation Practices in Indonesia and Malaysia Nasrul, Muhammad Amrullah Drs; Shah, Nurin Athirah Mohd Alam; Salim, Wan Noraini Mohd; Seviyana, Devi
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.v6i1.31239

Abstract

Mediation is one of the Alternative Dispute Resolution (ADR) that emphasises a mutually agreeable resolution and incorporates a win-win situation between parties. Mediation is not a rare concept in Indonesia and Malaysia. People in Indonesia and Malaysia have long used mediation in their daily lives as mediation has been proven to be effective since long ago. Due to its extensive use in Indonesia and Malaysia, a comprehensive study was carried out by the researcher to identify the comparison of mediation in Indonesia and Malaysia. In this paper, the researcher will review the practice of mediation in Indonesia and Malaysia via a comparison analysis where the researcher employs a qualitative approach via library-based research. Many reference sources and reading materials have been used by researchers to see similarities and differences between these two countries. The result of this study affirms that mediation practices in Indonesia and Malaysia are quite similar, despite being governed under a different law and regulations. In addition to having many similarities, one of the things that attracted the researcher's attention is that both countries have their challenges in carrying out mediation. Therefore, this aspect of the challenge also needs to be touched upon so that mediation can be conducted in both countries smoothly. It is also hoped that with this study, in the future, this study can also be used as a guide or manual in discussing mediation for both countries.
Peculiarities of Investigating Criminal Offenses Related to Illegal Turnover of Narcotic Drugs, Psychotropic Substances, Their Analogues or Precursors: Criminal Law Aspect Korniienko, Maksym; Desyatnik, Anatolii; Didkivska, Galina; Leheza, Yevhen; Titarenkо, Oleksiy
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.v5i3.31742

Abstract

The article highlights the legal regulation of peculiarities concerning investigation of criminal offenses related to the illegal turnover of narcotic drugs, psychotropic substances, their analogues or precursors.. Main content. It has been established that effectiveness of pre-trial investigation in criminal proceedings on the facts of illegal sale of substances excluded from free circulation using the Internet and other telecommunication technologies is complicated by the need to identify the user under a nickname. Methodology:  The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method as well as methods of analysis and synthesis. Conclusions. It has been established that  in today’s conditions, against the background of the global IT development of society and the active introduction of the latest technologies in all spheres of human life, the forms of sale of narcotic drugs, psychotropic substances, their analogues or precursors are also changing. While using the assets of modern technologies criminals constantly improve their criminal activities, change directions of interaction with the aim of committing offenses. In Ukraine, as well as in the world in general, drug crimes are actively carried out through smartphones via the “Internet” network using messengers and special applications for the distribution of psychoactive substances, narcotic drugs and their analogues.
Police and Law Enforcement of Domestic Violence Crimes Based on Human Rights in Indonesia Hertanto, Iwan; Suparto, Supanto; Rustamaji, Muhammad; Saefudin, Yusuf
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.v6i2.34357

Abstract

Domestic Violence (DV) as a form of crime that violates the rights of victims cannot be underestimated, the Police as law enforcement officers must be able to enforce the law fairly and beneficially for the integrity and peace of the household. Domestic violence crimes have a serious impact on family continuity and can even threaten the integrity of a family. This crime can occur at any time and happen to anyone, both men and women, but the majority of domestic violence victims are women. Women and children, as the majority of victims of domestic violence, have attracted international attention. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) regulates the scope of human rights and the state's obligation to ensure their fulfillment. This normative juridical method research aims to answer why the Police in law enforcement of domestic violence in Indonesia must be based on human rights, through several approaches such as the statutory approach and theoretical approach so that it can be concluded that domestic violence is a criminal offense between the perpetrator and the victim has a close relationship within the scope of the household. Indonesia as a state of law must uphold human rights. Pancasila as the spirit in resolving criminal acts of domestic violence has values that complement each other and qualify between one precept and another and each precept has human rights values. The fundamental values of Pancasila have created a harmonious life in a divine, humane, united, populist, and just manner, this of course has upheld the values of human rights in domestic violence law enforcement by the Police in Indonesia. Keywords: domestic violence, police, law enforcement, human rights
Experience of Some Countries of The Commonwealth of Nations in Ensuring Criminological Protection of Justice Khrystova, Yuliia; Titarenkо, Oleksiy; Cherviakov, Oleksandr; Marushchak, Oleksandr; Shkolа, Serhіi
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.v6i1.33619

Abstract

The article describes the experience of Great Britain, Canada, Australia, and New Zealand in the field of criminological protection of justice. A combination of philosophical, general scientific and specific scientific research methods was used in the preparation of this article to find out which special actors are authorized to carry out such criminological activities, to analyze the powers and guarantees for their exercise to fulfill their tasks. The article reveals the peculiarities of interaction of special actors of ensuring the security of justice with other actors in the system of combating offenses and crimes against justice. The author emphasizes the role of the sheriff, police, and private security companies in ensuring security during the judicial process. The experience of these Commonwealth countries in identifying and counteracting possible threats to the security of justice is analyzed. The purpose of this work was to single out positive foreign experience that may be promising for implementation into the national legislation with the aim of improving activities of the Court Security Service, which is a special subject performing implementation of the function of criminological protection of justice in Ukraine. In particular, firstly, to find out which special entities are authorized to carry out the specified criminological function in certain countries of the British Commonwealth and what powers they have; secondly, what other law enforcement agencies are involved in the mechanism of ensuring criminological protection of justice and what are the features of their interaction with special subjects; thirdly, what measures they take to detect and counter possible threats to the security of justice.
AI and Human Rights: Navigating Ethical and Legal Challenges in Developing Nations Aloamaka, Patrick Chukwunonso; Omozue, Moses Ogorugba
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.v6i2.37801

Abstract

The swift progress of artificial intelligence (AI) offers substantial opportunities and significant challenges, particularly concerning human rights in developing nations. This article explores the legal issues and moral conundrums brought about by AI technology's increasing influence on sectors such as healthcare, education, and governance. In developing nations, AI deployment often occurs without robust legal frameworks, potentially infringing on privacy, autonomy, and equity. This study employs a doctrinal research methodology to analyse the effects of AI on fundamental human rights, using case studies to illustrate both benefits and risks. It examines the role of international human rights standards and local legal systems in mitigating adverse impacts. The results highlight the complex interplay between technological innovation and human rights protection, proposing practical recommendations for policymakers, technologists, and legal practitioners. Ultimately, the goal is to foster an environment where AI can contribute to sustainable development while upholding the dignity and rights of all individuals in developing countries. This research contributes to the scientific understanding of AI's ethical and legal implications in the context of human rights.
Reducing the Divorce Rate in the Religious Courts Through Cultivating Egalitarian Relationships Na’mah, Ulin; Rachmatulloh, Mochammad Agus; Yaqin, Husnul; Qamaria, Rezki Suci
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.v6i1.34368

Abstract

The income factor is often the reason for divorce by petition, a phenomenon of high divorce rates in Indonesia. Furthermore, this problem has resulted in various analytical results. It is very embarrassing that all these analyses tend to blame one party, namely that often, the wife is blamed without presenting writings about wise efforts to resolve relationship problems that lead to mutualism. Apart from that, previous researchers were still trapped in understanding the husband-and-wife relationship as a relationship that was nothing more than a matter of the rights and obligations of husband and wife, which were considered absolute. Even though the perspective of interdependence as something prescribed in Islam has begun to be discussed, there has been no study or offer on how to improve the pattern of interdependence in the lives of husbands and wives. This research aims to provide a practical way to create an egalitarian relationship between husband and wife by first uncovering the causes of the difficulty of implementing an egalitarian pattern in husband-and-wife relationships, which is a factor in the increase in divorce cases due to income reasons. This research uses an empirical or psychological phenomenological approach based on Gary Chapman's "Five Main Love Languages" theory. In selecting subjects, researchers used purposive sampling. Researchers conducted interviews with four ex-husband and wife couples in cases of divorce for reasons of livelihood in the jurisdiction of the Kediri City Religious Court. The result is a vacuum of emotional affection between husband and wife, which causes the wife to resist and be unable to give up her desire to fulfill household needs, a form of contextual and egalitarian role division. Instead of creating an egalitarian husband and wife relationship, the relationship ended in divorce. Thus, a sufficient husband and wife's love tank is the primary condition for carrying out their roles contextually and egalitarian.
Understanding the Dynamics of Gender-Based Violence in Ivory Park Policing Area, Gauteng Province, South Africa: A Comprehensive Analysis Hellen, Sekgobela; Adewale, Olutola; Modipa, Mmakwena
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.v5i3.25548

Abstract

Gender-based violence (GBV) remains a pressing global concern, particularly pervasive in South Africa, where women and children often fall victim to its devastating impact. This article conducts a qualitative analysis of GBV in the Ivory Park Policing Area, utilizing a non-empirical research design through a systematic review of secondary data. The study identifies critical challenges within the criminal justice system's response to GBV and proposes key preventive measures. Recommendations include the imperative training of law enforcement officials in handling GBV cases, allocating resources to expedite case processing, and fostering stronger collaborations between the South African Police Service and various stakeholders. This research aims to contribute actionable insights for policymakers, law enforcement agencies, and community leaders to effectively combat and prevent GBV in the Ivory Park Policing Area.
Construction of Narcotics Law Against Narcotics Abusers in Perspective Justice Pranoto, Heru; Adwani, Adwani; Rizanizarli, Rizanizarli; Gaussya, Mohd
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.v6i2.37635

Abstract

Article 54 of the Narcotic Drugs Act stipulates that drug abuse must undergo medical and social rehabilitation, but in fact, the provisions of Article 54 are not implemented to the maximum. This is evident from the existence of narcotic abusers who became non-rehabilitated addicts but dropped criminal penalties in prison. As a result, the agency is filled with excess capacity. The study's objectives are to investigate and evaluate the legal frameworks surrounding drugs law in order to fulfill the sense of justice towards drug abuse. This research is a normative law study, exploring legal thinking about the reconstruction of a fair law against drug abuse. To support data accuracy, legislative approaches, conceptual approaches, and comparison approaches are used. In normative legal research, data collection is carried out with library research and supplemented with field research. Data analysis is done qualitatively. The results of the research show that legal constructions that provide legal certainty, utility, and justice to drug addicts and drug users through a victim perspective, access to both social and medical rehabilitation, in addition to the trusts and purposes of the Narcotics Act, are ideal and coveted legislative constructions.

Page 9 of 16 | Total Record : 151

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