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Khazanah Hukum
Published by Universitas Islam Negeri Sunan Gunung Djati Bandung
ISSN : -     EISSN : 27159698     DOI : https://doi.org/10.15575
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Khazanah Hukum is an international journal published three times a year by the Universitas Islam Negeri Sunan Gunung Djati. This journal discusses aspects of law in the Indonesian context and the context of globalization. The languages used in this journal are Indonesian and English. Khazanah Hukum facilitates the publication of manuscripts and scientific articles related to Legal Sciences through a rigorous review process. We welcome and invite all scientific communities, lecturers, researchers, practitioners, and students to publish scientific articles here. This journal is an open-access journal. Khazanah Hukum was indexed by Scopus. Main Topics Consumer Protection Law Laws for Social Workers Marriage Law Customary Law Child Protection Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 127 Documents
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Reforming Ukraine's Pre-Trial Custody Measures: An International Law Perspective Ganna Sobko; Andrii Svintsytskyi; Oleh Pushkar; Volodymyr Butynskyi; Yuliya Shvets
Khazanah Hukum Vol. 7 No. 1 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i1.37796

Abstract

This study examines how Ukraine's pre-trial custody measures can align with European Union standards, with a particular focus on addressing drug trafficking cases. By analysing theoretical, legislative, and practical aspects of pre-trial custody in serious and extremely serious drug-related crimes, the article identifies gaps in the Criminal Procedure Code of Ukraine and proposes specific reforms. The research emphasizes the international law perspective, referencing EU legal frameworks such as the European Convention on Human Rights and United Nations guidelines on pre-trial detention. Through an analysis of patterns in applying preventive measures and their impact on human rights, the study highlights the need for reforms that balance public safety and individual freedoms. Proposed reforms, including clearer criteria for applying custody, stricter regulations on alternative measures, and enhanced procedural safeguards, aim to ensure compliance with EU human rights standards while maintaining public safety. These changes are expected to improve procedural fairness, reduce arbitrariness in detention practices, and foster greater trust in Ukraine's judicial system. By addressing these issues, the reforms not only strengthen the rule of law domestically but also accelerate Ukraine’s integration into the European legal and governance framework.
AI and Human Rights: Navigating Ethical and Legal Challenges in Developing Nations Patrick Chukwunonso Aloamaka; Moses Ogorugba Omozue
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.
Green Financial Crime in The Perspective of Islamic Law Zico Junius Fernando; Muhammad Imanuddin
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.39211

Abstract

This research examines the phenomenon of green financial crime within the framework of Islamic law. As global interest in sustainable finance continues to grow, business entities are increasingly involved in green investment practices. However, this growing trend has also led to the emergence of financial crimes related to the misuse, mismanagement, or unethical allocation of funds intended for environmentally sustainable projects. Islamic law emphasizes fairness, transparency, and ethical conduct in financial transactions and provides a valuable normative foundation for addressing these challenges. This study utilizes a normative legal approach, integrating conceptual and comparative perspectives to explore the complexity of green financial crimes. The research applies a descriptive-prescriptive methodology and conducts content analysis to evaluate relevant legal texts and practices. The findings demonstrate that Islamic law upholds integrity and accountability in financial dealings, particularly in matters involving environmental responsibility and sustainable development. It stresses the importance of protecting the environment, promoting societal well-being, and ensuring economic justice through transparent and honest financial conduct. In conclusion, the principles of Islamic law present a robust and comprehensive legal and ethical framework for addressing green financial crimes. By upholding the values of environmental stewardship, justice, and financial integrity, Islamic law can play a crucial role in supporting the ethical development of green finance globally
Recognition of Customary Norms Within the Framework of Indonesian Legal Positivism Firdaus Arifin; I Gde Pantja Astawa; Ihsanul Maarif; Dewi Sulastri; Mohd Kamarulnizam Abdullah
Khazanah Hukum Vol. 7 No. 1 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i1.39409

Abstract

The recognition of customary norms within Indonesia’s legal system continues to face challenges due to the dominance of legal positivism, which emphasizes legal certainty through codified regulations. Although Article 18B (2) of the 1945 Constitution acknowledges the existence of indigenous legal communities, its implementation within the national legal system remains limited and conditional, leading to legal uncertainty for indigenous groups. This study aims to analyze how customary norms are recognized within Indonesia’s positive legal system and to identify the challenges and opportunities in harmonizing these two legal frameworks. This research employs a normative legal method with a conceptual and statutory approach, analyzed qualitatively using a descriptive-analytical framework. The findings reveal that customary law remains marginalized within the national legal system due to inconsistencies in regulations and court rulings, as well as the absence of a clear harmonization mechanism. The implications of this study emphasize the need for more inclusive legal reforms, enhanced capacity-building for law enforcement officials, and a stronger role for Indigenous communities in legal policymaking. These measures are expected to strengthen the recognition of customary law within the national legal system, contributing to greater substantive justice for Indigenous communities.
Strengthening Human Rights Protection in Nigeria: Safeguards Under the Police Act 2020 Ugochukwu Godspower Ehirim; Morrison Ossai; Patrick Chukwunonso Aloamaka; Nwanneka Flora Ehirim
Khazanah Hukum Vol. 6 No. 3 (2024): Khazanah Hukum Vol 6, No 3 December (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i3.39569

Abstract

The concept of Human Rights has become a critical factor in the definition of modern civilisation and constitutional democracies in the twenty-first century. The activities of the police remain central to the perception of human rights under municipal and international law according to the policies of the state-party. This article sets out to examine the provisions of the ‘new’ Police Force (Establishment) Act 2020 with a view to identifying the safeguards put in place by the law for strengthening the promotion and protection of human rights in Nigeria. It identifies factors which have contributed to inefficient policing and ever-increasing cases of human rights violations by the police and recommends sticking with the extant legal reforms for a better Nigeria Police Force. The Act introduces provisions such as mandatory accountability mechanism, abolition of use of force or torture to obtain statements from suspects as well as the requirement for the presence of a legal practitioners during a suspect’s interrogation, among others. The doctrinal research method is adopted in analysing statutory provisions and judicial precedents to assess the alignment of policing procedures with constitutional guarantees in line with global best practices. It is observed that despite the wide discretion afforded the Nigeria Police in the discharge of their duties which should boost the observance of human rights, the police abuse these discretions with the end result of serious violations of citizens’ rights which are guaranteed under the constitution. The article concludes that fostering a human-rights-based approach in the discharge of police duties alongside a stringent enforcement of the Police Act 2020 is imperative to sustaining lasting, far-reaching reforms.
Legal Challenges and Developments in the WTO Dispute Resolution Mechanism Bagdat Amandossuly; Karlygash Baizhomartova; Zhanat Zhailau; Lyazzat Nyssanbekova; Aidana Otynshiyeva
Khazanah Hukum Vol. 7 No. 1 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i1.39633

Abstract

The WTO dispute settlement mechanism plays a critical role in maintaining the stability and fairness of international trade law, offering member states a structured process for resolving trade conflicts. Its relevance is underscored by its capacity to enforce multilateral agreements and ensure compliance with trade obligations, thereby protecting the interests of both developed and developing nations. However, significant challenges, such as procedural delays and the lack of interim economic protections for claimants, reveal the mechanism's limitations, especially for economically weaker states. This study focuses on the legal aspects of the WTO dispute settlement system, particularly its effectiveness in addressing disputes and safeguarding the rights of member states. The research emphasizes the weaknesses in compensation mechanisms and procedural fairness, while also evaluating the role of the Appellate Body and its recent paralysis as critical challenges to the system's functionality. The study employs a qualitative analysis of WTO agreements, case studies, and statistical data to examine the practical implications of the dispute settlement mechanism's limitations. By evaluating specific cases such as DS530 (Ukraine v. Kazakhstan) and DS611 (EU v. China), the research highlights the legal complexities and procedural shortcomings that affect equitable dispute resolution. The findings reveal the urgent need for reforms, including the introduction of interim relief measures, improved compensation mechanisms, and enhanced representation for developing countries. Recommendations also address the optimization of Appellate Body functionality and adapting the WTO legal framework to emerging trade challenges, such as digital commerce and sustainability. These reforms are essential for ensuring the continued relevance and equity of the WTO dispute settlement mechanism in a rapidly evolving global trade environment.
Integration of Islamic Jurisprudence Principles within the UN Global Human Security Framework Munawar Fuad
Khazanah Hukum Vol. 6 No. 3 (2024): Khazanah Hukum Vol 6, No 3 December (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i3.40205

Abstract

This study explores the integration of Islamic jurisprudence principles, particularly maqāṣid al-Sharīʿa (objectives of Islamic law) and ḍawābiṭ (regulatory principles ensuring adherence to justice and moderation), into the United Nations' (UN) Global Human Security Framework. Using a recommendatory legal research methodology, this study analyses international legal documents, such as UNGA Resolution 66/290, and classical Islamic texts, including Al-Ghazali’s Al-Mustasfa. The findings reveal a strong alignment between maqāṣid al-Sharīʿa and the human security dimensions outlined by the UN, encompassing protection of religion, life, intellect, lineage, and wealth. By incorporating Islamic principles, this research offers a culturally inclusive and ethically grounded approach to global security challenges. The application of ḍawābiṭ highlights the importance of balancing justice and moderation in addressing critical issues such as economic inequality, humanitarian crises, and governance challenges. This study contributes to the discourse on global human security by proposing a novel framework that bridges religious law and international governance, providing a foundation for future interdisciplinary studies.
Religious Fatwā and Human Security: Managing Public Health through the Lens of Islamic Jurisprudence in Indonesia and Saudi Arabia Khairul Hamim; Lalu Supriadi Bin Mujib; Ahmad Muhasim
Khazanah Hukum Vol. 6 No. 3 (2024): Khazanah Hukum Vol 6, No 3 December (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i3.40478

Abstract

This study examines the authorisation of religion in handling COVID-19 through religious fatwā issued by the Indonesian Ulema Council, popularly known as the Majelis Ulama’ Indonesia (MUI), and the Council of Senior Scholars of Saudi Arabia (CSS). The objectives of this study are threefold: firstly, to analyse the methodological formulation of MUI and CSS fatwā regarding COVID-19 handling; secondly, to identify the factors underlying the issuance of these fatwā; and thirdly, to assess the impact of MUI and CSS fatwā on COVID-19 handling. Using a qualitative descriptive research method and conducting a case study of the MUI and CSS fatwā institutions, it was found that the methodological basis of the MUI and CSS fatwā on COVID-19 includes sources from the Qur’an, hadith, ijmā’ (consensus), and qiyas (analogy), as well as maqāṣīd sharī’ah. Referring to maqāṣīd sharī’ah considerations, two priority dimensions emerge as factors in the issuance of MUI and CSS fatwā: ḥifẓ al-dīn (preservation of religion) and ḥifẓ al-nafs (preservation of life). This study also highlights the significant impact of MUI and CSS fatwā on COVID-19 handling. In this context, fatwā play a role as part of prevention strategies due to their strong theological influence and effective enforcement of policy implementation. This fatwā is especially pertinent given the roles of MUI and CSS, which, from the early stages of the COVID-19 pandemic, have contributed to supporting government policies through the fatwā they issued. However, differences exist. MUI fatwā tend to be recommendations and appeals, often disregarded by the public as they lack legal sanctions for non-compliance. However, fatwā issued by CSS possess absolute authority. This study contributes to a deeper understanding of how religious authorization can support public health policies during a pandemic. Additionally, it offers insights for enhancing the effectiveness of fatwā in the context of future health crises.
Challenges in Implementing Sharia-Based Education: Balancing Regional Autonomy and Children’s Rights in Aceh Mukhlis Mukhlis; Muhammad Iqbal; Maya Safitri; Hasniyati Hasniyati
Khazanah Hukum Vol. 7 No. 1 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i1.41012

Abstract

This study analyzes the implementation of Sharia-based education in Aceh through the perspective of regional autonomy and children's rights.  This multidisciplinary study reveals the tension between Aceh's education policies (Law No.  11/2006 and Qanun Education) with the obligation of children's rights (children's rights convention Articles 28-29 and Child Protection Law No.  35/2014). Findings show that some schools do not meet inclusive standards, religious materials are less multicultural, and only some teachers are trained in inclusive pedagogy with infrastructure gaps.    The impact on children's rights is significant: female dropout rates are higher due to child marriage and only some schools are disability friendly.   Policy analysis revealed that Qanun has not fully adopted the principle of inclusivity, while policies in the district still ignore marginalized groups.  The research introduced the "Balanced Integration" model, which was piloted in 10 schools, successfully improving the indicators of inclusivity by aligning Islamic values with the principles of the children's rights convention article 29.  Other findings show that hybrid programs (tahfiz-STEM) increase student acceptance in universities. Policy implications include: (1) harmonization of Qanun with human rights standards, (2) children's rights-based teacher training, and (3) policy impact monitoring system.  The study offers an operational framework linking regional autonomy, Islamic identity, and children's rights, with specific recommendations to ensure Sharia education in Aceh meets three pillars: local wisdom, religious values, and universal human rights standards. The findings contribute to the global discourse on multicultural education in Muslim societies suggesting that educational autonomy can be implemented without sacrificing children's basic rights.
Agricultural Land Product-Sharing Transactions in the Local Community of the Besemah Tribe Herawan Sauni; Putra Perdana Ahmad Saifulloh; Sonia Ivana Barus; Akhmad Akhmad; Asrul Ibrahim Nur
Khazanah Hukum Vol. 8 No. 1 (2026): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v8i1.42925

Abstract

This study aims to determine the pattern of transactions for the results of agricultural land in the local community of the Besemah tribe. By using explorative juridical methods, and empirical legal research, as well as functional interpretation, it can be concluded that: 1. In order to fulfill the need for resources (land) for agricultural land (paddy fields or farm) in the Besemah community, it is carried out using various models. The models are nyaseh, surungan, tempohan, paruan, and sande. 2. The existence of profit-sharing legal institutions (nyaseh, surungan, tempohan,paruan, and sande) are still in force in the besemah tribal community. 3. The legal institutions for the sharing of agricultural land (nyaseh, surungan, tempohan,paruan, and sande) are not solely oriented towards economic aspects, but what really stands out are the aspects of mutual help and kinship. 4. In essence, Nyaseh, Surungan, Tempohan, Paruan, and Sande are agricultural land production sharing agreements with models that vary widely according to the nature and allotment of the land (right to use) itself. 5. In the transaction for the results of agricultural land (nyaseh, surungan, tempohan,paruan, and sande) in practice there are no formalities as stipulated in the law. For the semah community, the existence of these formalities will actually lead to rigidity, and eliminate the philosophy of the existence of these legal institutions.

Page 10 of 13 | Total Record : 127

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