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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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Analysis of Monopoly Risk in TikTok Shop's Acquisition of Tokopedia: A Per Se Illegal Perspective Abdullah Taufik
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.v7i1.43213

Abstract

A company's strategy to accelerate marketing reach and introduce new businesses to consumers can be implemented through a stock acquisition scheme, as demonstrated by TikTok's acquisition of 75% of Tokopedia's shares. However, excessive stock ownership dominance has the potential to lead to control over production and the goods and services market, which may trigger monopolistic practices that harm the public interest. This study aims to analyze potential violations of business competition law related to e-commerce market dominance resulting from the acquisition of the TikTok Shop digital platform business over Tokopedia. The research method used is normative juridical, with a legal and regulatory approach related to acquisitions and anti-monopoly laws, as well as a case study approach to relevant regulations. The findings of this study indicate that the acquisition of TikTok Shop over Tokopedia, along with the trade policies implemented, has a strong potential to result in monopolistic practices based on the per se illegal approach.
The Role of Legal and Regulatory Frameworks for Sharia-Compliant Financing in Promoting Innovation and Quality Enhancement in Indonesia's Halal Industry Riduan Mas’ud; Mohd Rizal Muwazir
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.v7i2.43440

Abstract

Indonesia’s halal industry is experiencing rapid growth, driven by increasing consumer demand for products that comply with both sharia principles and global quality standards. This study examines the role of legal and regulatory frameworks governing sharia-compliant financing in supporting innovation and improving product quality within the halal sector. Using a qualitative research design with a descriptive-analytical approach, data were collected from 15 experts in Islamic finance, economic law, and halal business practices. The findings reveal that legal instruments—such as the Sharia Banking Law, regulations issued by the Financial Services Authority (OJK), and policies from the National Committee for Islamic Economy and Finance (KNEKS)—provide a legal foundation that facilitates ethical and inclusive access to capital. These frameworks contribute to the development of an innovative and competitive halal industry. However, challenges remain, including regulatory overlaps, weak enforcement mechanisms, and limited harmonization between central and regional regulations. The study concludes by recommending regulatory reforms and institutional strengthening to optimize the legal contribution to the sustainable growth of Indonesia’s halal industry.
Ownership Ambiguity: A Study of Compensation for Crop Damage in Coconut Pawn Transactions in Islamic and Customary Law Farida Arianti; Silvianetri Silvianetri; Akmal Bashori; Iza Hanifuddin; Abdul Mughits; Maisarah Leli
Khazanah Hukum Vol. 7 No. 3 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i3.43793

Abstract

Control of the pawned coconut object over the damaged plants around the pawned object. The pawnbroker demands compensation for the damage to his plants around the pawned coconut tree. The purpose of this study is to examine how the control of the parties who carry out plant pawn transactions is exercised and how the legal responsibility is when damage occurs to the plants around the collateral object. This type of research is in the form of field research in the Lima Kaum Batusangkar area of ​​Indonesia. This study is descriptive qualitative with a case study approach. Primary sources from both parties who carry out the coconut tree pawn agreement. Secondary sources from the local community. Data collection techniques through in-depth interviews and observations. Analysis techniques with qualitative descriptive analysis. Findings from the field show that the pawnbroker still has power over the land where the coconut grows and plants young plants in the form of cayenne pepper around the area, while the pawn recipient also has power over the coconut fruit that has been pawned to him. This study concludes that compensation for damaged plants cannot be justified according to Custom, because the cayenne pepper plants prevent the pawn recipient from taking the fruit, in line with the pawn recipient's power, which includes the boundaries of the coconut tree land attached to immovable objects (land). According to Islamic jurisprudence, this is a naqish (limited time) property right, only one of which is owned (material or benefit).
Enforcement Gaps in Child Protection Law: Managing Strategy of Violence on Students in Islamic Boarding Schools and the Limits of Legal Compliance in Indonesia Kisbiyanto Kisbiyanto
Khazanah Hukum Vol. 7 No. 3 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i3.43929

Abstract

This study investigates enforcement gaps in Indonesia’s child protection law by focusing on violence in Islamic boarding schools (pesantren) in Kudus. The research aims to examine why violence against children persists despite the existence of comprehensive statutes such as Law No. 35 of 2014 on Child Protection, Law No. 20 of 2003 on the National Education System, Law No. 18 of 2019 on Pesantren, and Law No. 12 of 2022 on Sexual Violence Crimes. Using a qualitative socio-legal method, the study combines normative legal analysis with empirical case studies drawn from media reports, NGO documentation, and secondary academic sources. The findings reveal four major enforcement gaps: limited accessibility of reporting mechanisms due to fear and hierarchical power relations; cultural normalization of violence through ta’zir as disciplinary education; fragmented institutional coordination without intersectoral SOPs; and the frequent use of restorative justice settlements that disadvantage victims. These results underscore that legal reforms alone are insufficient without accompanying cultural transformation, integrated institutional mechanisms, and community-based engagement. The study contributes to child protection discourse by proposing an integrative approach that harmonizes statutory law with religious moderation and communal values, while aligning with international standards such as the Convention on the Rights of the Child (CRC). The originality of this research lies in its contextual focus on pesantren, a relatively underexplored site in child protection scholarship, thereby enriching international debates on law, culture, and the protection of children in religious education settings.
The Challenges of the Anti-Open Grazing Laws in Nigeria Ifenna Leonard Azomani; Peter Ikechukwu Gasiokwu
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.v7i2.43984

Abstract

Open grazing, the traditional practice of moving livestock freely across regions in Nigeria, has contributed significantly to rising insecurity, farmer-herder conflicts, and environmental degradation. In response to the Federal Government's inaction, several Nigerian states have enacted Anti-Open Grazing Laws to regulate the practice. This article critically examines the legal, political, and environmental challenges posed by these laws, with particular reference to the Delta State Livestock Breeding and Marketing Regulation Law, 2021. Using a doctrinal legal methodology, this study analyses statutory texts, judicial decisions, and scholarly commentaries. It finds that while these laws offer a regulatory framework for livestock management, their implementation is hampered by questions of constitutional competence, weak enforcement mechanisms, political resistance, and the exclusion of nomadic pastoralist perspectives. The paper further reveals that the federal government’s opposition to state-level grazing laws exacerbates ethno-regional tensions, especially due to the socio-cultural identity of nomadic herders. The study concludes that while state legislation is constitutionally permissible under the concurrent legislative list, a harmonized federal framework incorporating customary law, socio-economic realities, and inclusive stakeholder consultation is essential for a sustainable solution.
Civil cases involving foreign individuals: Specificities and issues Aliya Muidenova; Zhauhar Kozhantaeva; Aitugan Abdizhami; Akzada Madaliyeva; Akmanat Zhuldybayeva
Khazanah Hukum Vol. 7 No. 3 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i3.44029

Abstract

This research is relevant due to the lack of an effectively functioning institute of foreign individuals’ representation on the territory of the Republic of Kazakhstan. The work aims to analyse legislative regulations on foreign persons’ legal status in civil proceedings, their rights and obligations on the territory of Kazakhstan. The work analysed the status of non-resident individuals in accordance with the valid Civil Procedure Code of the Republic of Kazakhstan. It was found that there are problematic aspects in the current legislation regarding the functioning of an institute of foreign persons’ representation. According to the above, the main directions for improving the provisions of the Civil Procedure Code of the Republic of Kazakhstan for resolving this conflict have been provided in the work. The practical value of the obtained results is to increase the efficiency of the national legal system and to provide greater guarantees for foreign citizens.
The Legal Effectiveness of Juvenile Diversion: A Study of the Indonesian Juvenile Justice System Daud Rismana; Ali Maskur; Rifi Maria Laila Fitri Permonoputri; Hariyanto Hariyanto; Hajar Salamah Salsabila Hariz
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.v7i2.44162

Abstract

This study aims to evaluate the legal effectiveness of diversion mechanisms within Indonesia’s juvenile justice system, particularly in relation to the state’s commitment to restorative justice principles. Although a comprehensive legal framework is in place—namely Law No. 11 of 2012 and Supreme Court Regulation (PERMA) No. 4 of 2014 (Peraturan Mahkamah Agung)—the implementation of diversion remains limited, with only 14.1% of juvenile cases resolved through this mechanism. This gap reveals a significant disconnect between legal norms and practical enforcement. The study employs a normative-qualitative legal research method, utilizing document analysis of statutory regulations and institutional reports from the Ministry of Law and Human Rights, the Indonesian Child Protection Commission (KPAI), the Directorate General of Corrections, as well as secondary sources including academic literature, media coverage, and official documentation. Thematic analysis was applied to identify structural, cultural, and institutional barriers in the implementation of diversion. The findings highlight three major issues: (1) regional disparities in the application of diversion, especially between urban centers and disadvantaged (3T) areas; (2) structural obstacles, including a shortage of trained personnel, lack of proper mediation facilities, and weak interagency coordination; and (3) the persistence of a retributive and legalistic legal culture among both law enforcement officials and the general public, which impedes the acceptance of restorative approaches. This study makes a significant contribution to the discourse on juvenile justice reform by emphasizing the need for systemic support and cross-sectoral collaboration to ensure the effective realization of diversion. Policy implications include the strengthening of training programs, infrastructure development, and public legal education. The originality of this research lies in its integrative evaluative framework, which combines legal, institutional, and socio-cultural analysis, offering a comprehensive assessment of the effectiveness of diversion in Indonesia.
Ensuring Labor Rights in the Age of AI: Strengthening Corporate Social Responsibility and Human Security in Vietnam Trung Nguyen
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.v7i1.44211

Abstract

This study examines Corporate Social Responsibility (CSR) as a legal mechanism to protect the right to work in Vietnam amid disruptions caused by Artificial Intelligence (AI). While AI enhances productivity, it threatens labor rights and human security, particularly in labor-intensive industries. The research critically evaluates Vietnam’s legal framework, including the 2013 Constitution (Article 35), the 2020 Labor Code, and the 2020 Enterprise Law, in alignment with international human rights standards such as the ICESCR, ICCPR, and ILO conventions. Drawing from global best practices, Germany’s Digital Pact for Labor and Japan’s Society 5.0 demonstrate how legal frameworks can balance AI-driven economic transformation with labor protection and human security. Sweden’s CSR model ensures corporate accountability through mandatory reporting and supply chain oversight, while Singapore’s Skills Future initiative offers government-funded reskilling to support workforce adaptation. This study proposes legally binding CSR obligations, fiscal incentives for sustainable employment, enhanced regulatory oversight, and a National Workforce Retraining Fund to align Vietnam’s policies with international labor standards. By embedding CSR into law, Vietnam can balance economic growth with labor protection and human security, ensuring a just and sustainable transition in the AI era.
Ecological Crisis and Human Security: A Legal Analysis of the Exploitation of the Sei Ular River Triono Eddy; Agustina Agustina; Sagita Purnomo
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.v7i2.44891

Abstract

River empowerment for tourism and sustainable agriculture has a positive impact on environmental sustainability and community welfare. However, these positive benefits have not been fully felt by the community in Sei Ular River, North Sumatra. Increasingly rampant illegal mining activities have deprived the community of their social rights, especially for a good and healthy environment. Government policies and existing legal instruments have not been optimal in solving the problem due to inconsistencies in law enforcement, lack of coordination between authorities, and low public awareness to protect river ecosystems. The research conducted is normative juridical, namely analyzing written law, jurisprudence, and norms that live in society. The descriptive-analytical approach aims to retrieve data systematically, factually, and accurately on a problem based on applicable laws and legal norms. The results of this study indicate that regulations and legal protection for the community due to illegal mining in Sei Ular River have been regulated starting from laws, government regulations, to regional regulations, but these legal instruments have not been effective enough in protecting the community from the impact of illegal mining activities, as a result, there have been violations of fundamental rights that affect community welfare. Empowerment of the Sei Ular River for tourism and sustainable agriculture and its concrete benefits, namely, involving the community in the management of tourist destinations in the river area, building dams and irrigation channels for farmers, socialization, strict action (sanctions) against illegal mining actors, actively collaborating with various parties in conducting surveillance to protect the Sei Ular River ecosystem. In addition, the government also requires illegal mining actors who pollute the Sei Ular River to compensate affected communities and restore the environmental damage caused.
Rethinking the Legal Status of Non-Muslims in Islamic Law: Al-Muwāṭinūn and the Constitutional Framework of Citizenship in Indonesia Hermanto Harun; A. Yuli Tauvani; Nurul Hidayah Tumadi; Rusli Abdul Roni
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.v7i2.44897

Abstract

This study aims to examine the relevance of classical Islamic legal categories in defining the status of non-Muslims within the context of Indonesia’s pluralistic and democratic state. The research is motivated by recent debates surrounding the use of the term kāfir ("infidel") and the need to reassess traditional terminologies such as ahl al-dhimmah, ahl al-ḥarb, al-muʿāhid, and al-mustaʾmin in light of contemporary constitutional values. Using a qualitative approach within a library-based research design, the study analyzes classical fiqh texts and Indonesian constitutional and statutory legal documents. Through thematic content analysis, the study evaluates the compatibility of Islamic legal reasoning with modern legal principles. The findings indicate that classical classifications of non-Muslims were shaped by the political and imperial contexts of premodern Islamic governance. These categories are no longer fully applicable in the Indonesian nation-state, which is based on equality before the law and religious pluralism. In contrast, the concept of al-muwāṭinūn (citizens) aligns with the Islamic legal principle of murūnah (adaptability) and supports ijtihād (juridical reasoning) responsive to contemporary societal needs. The study contributes practically by offering a theologically grounded yet constitutionally relevant vocabulary for citizenship that enhances civic inclusion and legal equality. It demonstrates how Islamic jurisprudence can evolve to support pluralistic nationhood. This research provides an original contribution by contextualizing classical fiqh within Indonesia’s constitutional framework, an area underexplored in existing literature. By bridging Islamic legal ethics and Indonesian law, it offers a normative model for redefining non-Muslim citizenship in Muslim-majority democracies.

Page 11 of 13 | Total Record : 127

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