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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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Integrating Australian Employment Law Practice in Support of People with Disabilities in Indonesia Arpangi; Denny Suwondo; Andri Winjaya Laksana; Chami Yassine
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.v7i2.44946

Abstract

Individuals with disabilities encounter markedly diminished work prospects relative to their non-disabled counterparts, attributable to societal hurdles, cultural bias, and inadequate legal safeguards. This study seeks to assess and incorporate inclusive employment practices from Australia into the legal and institutional framework of Indonesia. The research employs a normative legal method, incorporating doctrinal analysis and comparative study, to examine Australia's *Disability Employment Services (DES)* framework and the *Disability Discrimination Act 1992 (DDA)*, revised as of July 2023. The contrast underscores possible adaptations within Indonesia’s employment legislation framework, which remains deficient in explicit procedures for reasonable accommodation, efficient enforcement of disability employment quotas, and organized career coaching assistance.  Furthermore, the study highlights significant disparities in institutional capability and legal culture between the two nations—Australia maintains a rights-based anti-discrimination legal framework, but Indonesia persists with sectoral and charity-focused methodologies. The results demonstrate that the partial integration of DES and DDA concepts is achievable, contingent upon contextual modifications to accommodate Indonesia's socio-political conditions, institutional constraints, and prevailing legal structures. Essential recommendations encompass the formulation of adaptable work accommodation regulations, the introduction of wage subsidies or tax incentives, the creation of training programs specific to disability categories, and the enhancement of employment oversight agencies equipped to combat workplace discrimination. These findings confirm that implementing Australia’s inclusive employment policies could strategically advance the establishment of a fairer and empowered workplace for individuals with disabilities in Indonesia, aligning with global standards and Indonesia’s constitutional commitment to equality.
From Conception to Childhood: The Evolution and Significance of Children's Human Rights Dedisyah Putra; Kasman Kasman; Sumper Mulia Harahap; Amrar Mahfuzh Faza; Liantha Adam Nasution; Lazuardi Maulana Affan
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.v7i3.44957

Abstract

This study aims to examine the evolution and significance of children's human rights from conception to childhood, with a particular focus on the Indonesian context, which is rich in cultural and religious diversity. Through a qualitative approach with normative and historical methods, this study analyzes the development of international and national legal norms governing child protection, as well as how social and religious dynamics influence the understanding of children's rights, especially in the prenatal phase. Data were collected through a documentary study of international legal instruments such as the Convention on the Rights of the Child (CRC), Indonesian laws and regulations, as well as academic literature and reports from international organizations. The results of the study show that although Indonesia has adopted various instruments for protecting children's rights, there are still normative gaps related to the recognition and protection of children's rights from infancy. Differences in views arising from cultural and religious diversity are both challenges and potential in formulating more inclusive policies. Therefore, a legal approach is needed that is not only based on international standards but is also sensitive to local values. This study is expected to contribute to the development of more comprehensive and contextual child protection policies in Indonesia.
Optimizing the Recovery of Corrupt Assets from the Perspective of Economic Rights and Human Security in Indonesia Ronald Hasudungan Sianturi
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.v7i2.44974

Abstract

This study aims to analyze the optimization of corrupt asset recovery in Indonesia through the revision of the replacement money policy. The current policy, which is regulated in Indonesia’s anti-corruption criminal law, often faces implementation challenges, such as difficulties in tracing and confiscating assets and the minimal amount of assets recovered compared to the total state losses. These weaknesses reduce the effectiveness of asset recovery and weaken the deterrent effect on corruption perpetrators. The research uses a normative legal method with a statutory and comparative approach. Legal provisions related to the replacement money policy in Indonesia are reviewed and compared with best practices from other countries that have implemented more effective asset recovery mechanisms, and the analysis also involves legal interpretation and evaluation of policy implementation in corruption cases. The results show that revising the replacement money policy is urgently needed to enhance the legal framework and enforcement mechanism. Strengthening the execution process, improving the clarity of confiscation procedures, and encouraging the use of digital tracing technologies and institutional collaboration can significantly increase the effectiveness of asset recovery. This policy reform is expected to provide a stronger deterrent effect, support transparency and accountability in law enforcement, and contribute to sustainable anti-corruption efforts in Indonesia.
Comparative Analysis of Decentralization and Power Distribution in Local Self-Government: Kazakhstan and Europe Kuanysh Sabitov; Gulnar Alibayeva; Erkinbek Rakimbayev; Kabdulsamikh Aitkhozhin; Yerzat Bekbayev
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.v7i2.45130

Abstract

The aim of the article is to identify the key problems of decentralization of power in Kazakhstan, to analyze foreign experience on the example of Poland and Spain, and to formulate specific steps for the implementation of the most successful European practices in Kazakhstan. Poland is interesting as an example of a successful departure from the post-socialist model of decentralization. Spain is chosen as an example of a unitary state with significant local autonomy. The analysis of these countries revealed the advantages of their models, but also found certain problems. Nevertheless, the author believes that their experience can be used to build an effective model of decentralization in the Republic of Kazakhstan and provides specific examples of the implementation of their experience in Kazakhstan. Based on the comparative analysis, the author formulates a number of legal and practical recommendations. The article also addresses institutional constraints and socio-political factors that may affect the adaptability of foreign models to Kazakhstan’s context, emphasizing the importance of gradual, context-sensitive reform.  
Using Big Data in Criminal Investigations: Between Privacy and Efficiency Oleksii Tavolzhanskyi; Olena Shumeiko; Oleksandr Burda; Kostiantyn Orobets; Maksym Struchaiev
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.v7i3.45201

Abstract

The growing complexity of criminal activity and the exponential expansion of digital data necessitate the integration of Big Data technologies into criminal investigations. This paper examines the legal, technological, and ethical implications of using Big Data in criminal justice systems, with a focus on balancing investigative efficiency and individual privacy rights. The research applies a combination of philosophical and normative legal analysis, along with systemic and historical methods, to assess how these technologies are transforming investigative procedures. Findings highlight the potential of Big Data to enhance investigative accuracy, especially through data mining and predictive analytics, but also underscore serious risks related to data protection and regulatory ambiguity. The paper calls for clearer legal standards, international cooperation, and ethical frameworks to guide the application of Big Data in criminal proceedings. Furthermore, it emphasizes the need for institutional accountability and judicial oversight to prevent misuse, ensure transparency, and uphold the rule of law in an increasingly data-driven legal landscape.
From Innovation to Pandora’s Box: Examining the Laws on Public Health Threats Emanating from Cloud Seeding Paul Atagamen Aidonojie; Esther Chetachukwu Aidonojie; Hassan Ismaila Adebowale; Maria Edet Umo; Godswill Owoche Antai
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.v7i3.45356

Abstract

The global community is increasingly concerned about climate change and has explored various scientific methods, including cloud seeding, as temporary mitigation measures. Cloud seeding is a weather modification technique that induces precipitation by injecting clouds with chemical substances such as potassium iodide and silver iodide. While this method appears effective in addressing water scarcity and climate-related challenges, it poses severe threats to public health that have not been adequately addressed through legal frameworks. This study examines the effects of cloud seeding on public health and explores the necessity for legal intervention. The research adopts a qualitative methodology, utilizing content analysis of scientific literature, policy documents, and case studies from both primary and secondary sources. Data were scrutinized through descriptive and analytical methods and presented graphically to illustrate key findings. The study reveals that cloud seeding poses significant public health risks, including water contamination, skin cancer or irritation, respiratory disorders, and ecological imbalances. These health hazards stem from the chemical agents used in the seeding process and their potential accumulation in water sources and ecosystems. Furthermore, the research identifies a critical gap in global public health legislation, as no international laws directly regulate cloud seeding practices concerning public health and safety. The study concludes that while cloud seeding demonstrates potential as a climate change mitigation tool, public health and safety must be prioritized. It recommends establishing a comprehensive global regulatory framework to ensure safe practices, conducting rigorous health impact assessments before implementation, and maintaining public transparency in weather modification initiatives. These measures are essential to balance environmental benefits with the protection of human health and ecological integrity.
Regional Government Policy in Protecting Customary Land Rights: A Case Study of the Toba Batak Indigenous Community Janpatar Simamora
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.v7i3.45647

Abstract

This study aims to examine the mechanism of recognition and implementation challenges concerning the Indigenous Peoples of Batak Toba Samosir, particularly in the protection of customary land rights, as regulated in Regional Regulation No. 1 of 2020 of Toba Samosir Regency. This research is significant considering that the protection of collective rights of indigenous peoples is a constitutional mandate often hindered by administrative and political constraints at the local level. Employing a normative juridical approach with a qualitative design, the unit of analysis comprises Regional Regulation No. 1/2020 and related legal frameworks. Data were collected through library research involving primary legal materials (legislation), secondary sources (academic literature), and tertiary sources (legal dictionaries and encyclopedias). The findings reveal that the recognition of customary territories is based on the principles of ripe-ripe (communal rights) and pangumpolan (individual rights), yet faces technical and administrative obstacles. These include the absence of a Regent Regulation (Perkada) as an operational guideline, the lack of valid spatial and historical data, and limited participation of indigenous communities in the verification process. This situation leads to inconsistencies between written legal norms and field implementation. The study highlights the need for regulatory synchronization between central and local governments, as well as the urgency of formulating an inclusive and implementable Perkada. The originality of this research lies in its focus on the tension between formal legal structures and customary norms within Indonesia's decentralized legal system.
The Ambiguous Authority of Provincial Governors in Customary Law Recognition: Regulatory Fragmentation in Indonesia’s Decentralization Era Rizki Jayuska; I Gusti Ayu Ketut Rachmi Handayani; Isharyanto Isharyanto; Ismail Marzuki; Achmad Fawaid
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.v7i2.46367

Abstract

This study aims to analyze the structural, institutional, and regulatory challenges in recognizing Indigenous Law Communities (Masyarakat Hukum Adat/MHA) in Indonesia, with a particular focus on the strategic yet ambiguous role of provincial governments. Despite the legal mandate for decentralization, the dual function of governors as regional heads and central government representatives has not been supported by a clear legal framework to facilitate cross-district recognition of MHA. Using a qualitative approach, the study employs document analysis of legal texts, regional regulations, and case studies, supported by secondary data from institutional reports and scholarly publications. The findings reveal three major issues: first, the absence of a legal mandate for governors to coordinate inter-district recognition processes; second, regulatory conflicts between provincial and district-level authorities, especially when indigenous territories cross administrative boundaries; and thrid the lack of harmonization between regional customary regulations and national laws. These obstacles have resulted in legal uncertainty, fragmented policy implementation, and continued marginalization of indigenous communities. This research contributes to the discourse on multilevel governance by emphasizing the overlooked role of governors in indigenous rights recognition. It also identifies practical entry points for policy reform, such as enhancing judicial review mechanisms, formalizing adat institutions, and improving spatial data integration across ministries. The originality of this study lies in shifting the analytical lens from district-level actors to the provincial level, proposing a coordinated, vertically and horizontally integrated governance framework for sustainable recognition of indigenous communities in Indonesia.
Evaluating the Justice Framework in Land Acquisition: Legal and Policy Review of Government Regulation No. 39/2023 in Indonesia Damianus Krismantoro
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.v7i3.46675

Abstract

Land acquisition for public interest is a strategic instrument in Indonesia’s national development agenda, yet it continues to generate legal, social, and human rights controversies. Previous studies tend to focus on procedural or administrative aspects, often overlooking normative justice, institutional coherence, and comparative legal perspectives. This study seeks to fill that gap by critically analyzing Government Regulation No. 39 of 2023 as a revision of Government Regulation No. 19 of 2021, focusing on its consistency with the principles of justice, the constitutional hierarchy of laws, and the broader goals of agrarian reform. Using a qualitative-descriptive method based on normative legal research, this article examines key legal instruments such as Law No. 2 of 2012, the Job Creation Law (Law No. 6 of 2023), and the Basic Agrarian Law (Law No. 5 of 1960). It integrates normative, institutional, and comparative frameworks to evaluate the role of the Land Bank Institution, the transparency of compensation mechanisms, and the degree of public participation. The article also assesses whether Government Regulation 39/2023 aligns with the redistributive spirit of agrarian reform and safeguards against potential human rights violations. Findings suggest that while the regulation introduces improvements in procedural structure and institutional roles, it remains limited in addressing structural injustices, particularly in relation to forced displacement, customary land claims, and access to legal remedies. This article offers a novel contribution by bridging doctrinal analysis with critical human rights perspectives and international comparisons, emphasizing the need for a justice-oriented reform in land acquisition policy.
The Legal Framework of Advocacy Planning in Territorial Splitting: How is civil society involved in shaping local policies? Diki Suherman; Ridwan Sutriadi; Adenantera Dwicaksono; Tommy Firman; Sarbini Sarbini
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.v7i3.48811

Abstract

In Indonesia, the process of territorial splitting, where regions are divided to form new autonomous areas, has been a significant aspect of local governance, particularly in the context of decentralization. The legal framework for territorial splitting is outlined in Law No. 23 of 2014 on regional government, which serves as the constitutional basis for decentralization principles in implementing territorial splitting. This study aims to explore in depth the legal framework and the opportunities and challenges in territorial splitting to improve governance, address regional disparities, and enhance public service accessibility at the local level in Pangandaran Regency, Indonesia. The case study of Pangandaran Regency illustrates a strong legal framework and the efforts of various actors, including civil society groups, political parties, and regional leaders, working together to influence decision-making and policy formation. This research adopts a mixed-methods approach, predominantly qualitative in nature, to analyze the content of regulations governing territorial splitting and explore the role of civil society in the advocacy planning process of territorial splitting in Indonesia. The study focuses on Pangandaran Regency, utilizing Social Network Analysis (SNA) to map and analyze the relationships between key actors, such as civil society groups, political parties, and local leaders, involved in advocating for regional autonomy to uncover the dynamics between these actors, revealing how they form coalitions to advocate for regional autonomy. These advocacy efforts are closely aligned with the United Nations Sustainable Development Goals (SDGs), particularly Goal 16, which promotes peace, justice, and strong institutions by fostering inclusive and participatory decision-making. Through strong and clear legal standing and coordinated advocacy, civil society and political actors successfully push for the establishment of new autonomous regions, such as Pangandaran. This not only enhances local governance but also fosters economic development and reduces regional disparities. By highlighting the role of civil society in policy-making, this study sheds light on how advocacy planning can drive sustainable development and better governance in Indonesia’s evolving decentralization landscape.

Page 12 of 13 | Total Record : 127

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