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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 137 Documents
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Islamic and International Legal Perspectives on Early Child Marriage: A Bibliometric Analysis Ruhendi, Ateng; Kholid, Muhamad; Mailana, Agus
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.v8i1.49075

Abstract

Early child marriage is a global issue with profound implications for children's health, education, and well-being, particularly among girls. This phenomenon remains a significant challenge in many countries, both in terms of response and academic understanding. This study aims to map the knowledge structure and research trends related to early child marriage using a bibliometric approach. The method combines quantitative and qualitative analyses, focusing on publications indexed in the Scopus database from 2013 to 2022. Data were collected using the keyword "early child marriage," resulting in 113 documents. After an initial screening of titles and abstracts, 111 articles were selected for further analysis. The indicators used include authors, articles, citations, institutions, and countries of origin. The findings show an increasing trend in publications in recent years, with specific institutions and countries dominating the scholarly contributions to this topic. This study contributes by providing a comprehensive overview of the development of early child marriage research and serving a foundation for future studies to identify research gaps and directions.
Social Policy, Regional Inequality, and Constitutional Rights Fulfillment: A Responsive Law Perspective in West Java Gunawan Undang; Eny Nuryani Resmiawati; Heri Heri; Dina Dina; Muhammad Ridwan Caesar; Iin Endah Setyawati
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.v7i3.49104

Abstract

This study examines regional disparities in West Java as a social policy issue that reflects violations of citizens' constitutional rights to welfare and social security as guaranteed under Articles 28H and 34 of the 1945 Constitution and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Using a socio-legal approach enriched with spatial analysis, the research identifies a Human Development Index (HDI) gap of 15.11 points between Bandung City (83.29) and Cianjur Regency (68.18), with poverty rates in southern regencies two to three times higher than those in the northern region. The findings reveal three structural determinants: (1) uniform social policy implementation that contradicts distributive justice principles, (2) imbalanced infrastructure investment allocation reflecting state obligation failure, and (3) institutional capacity gaps demonstrating weak legal accountability. The proposed Responsive Social Policy Law framework—as a human rights-based legal instrument—emphasises differentiated policy implementation with equivalent outcomes, needs-based fiscal redistribution, and strengthened multi-level governance. By aligning responsive law theory with spatial justice and human security principles, this study bridges legal scholarship and social policy in addressing intra-provincial inequality. Empirically, the research offers recommendations for implementing Indonesia's 2025-2029 RPJMN and the Golden Indonesia 2045 agenda, while contributing to global discourse on spatial justice and fiscal federalism in decentralised governance.
Synergizing Customary Law and Religious Moderation in the Societal Life of Tigawasa Village, Buleleng, Bali Risdayah, Enok; Paryati; Junaedi, Jujun; Kohar, Wakidul; Iwan Setiawan, Asep; Aziz, Rohmanur; Faizin, Barzan
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.v8i1.49673

Abstract

This article discusses the process of integration between customary law as a system of local norms and religious moderation as a national policy in Tigawasa Village, Bali. The study is grounded in Talcott Parsons’ structural functionalism theory, particularly the four AGIL functions (adaptation, goal attainment, integration, and latency), to analyze the ongoing social dynamics. Customary law in Tigawasa not only plays a role in preserving tradition but also demonstrates the ability to adapt to national values such as tolerance, non-violence, and openness to diversity. Meanwhile, religious moderation is not imposed as a coercive policy but is embraced as a value transmitted through local cultural channels. The study finds that the function of adaptation is reflected in the capacity of customary law to respond to new values; goal attainment is evident in the shared commitment to maintaining harmony; integration is realized through the role of local actors in fostering social cohesion; and latency is sustained through intergenerational socialization. These findings suggest that the integration between customary law and religious moderation can proceed harmoniously when both are functionally appreciated within the social system. Therefore, Tigawasa Village can serve as a model for strengthening community-based religious moderation.  
Conflict of Authority in Election Disputes: The Shift from the Constitutional Court to Party Courts in Indonesia Paulus Titaley; Marthinus Johanes Saptenno; Hendrik Salmon; Saartje Sarah Alfons
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.v7i3.51367

Abstract

The general election process in Indonesia faces serious challenges related to the resolution of election disputes. The transfer of authority to resolve election disputes from the Constitutional Court to the internal Party Court has created legal uncertainty and threatens the democratic process. Therefore, the purpose of this research is to analyze the impact of this transfer of authority on people's sovereignty and the integrity of the legal system in Indonesia. This study uses a normative legal method, focusing on applicable legal provisions and legal principles to analyze the implications of this shift in authority. This study finds that the transfer of authority to resolve election disputes to the internal Party Court has created conflicts with the decisions of the Constitutional Court, thereby threatening the principles of accountability and transparency that are essential in democracy. Furthermore, this study also finds that internal political party interests often override constitutional principles. This study concludes that legal and political reforms are necessary to ensure fair resolution of election disputes and maintain democracy in Indonesia. The Constitutional Court must play a crucial role again in resolving election disputes to maintain public trust in the democratic process in Indonesia. Thus, the principles of accountability, transparency, and people's sovereignty can be upheld.
An International Law and National Resilience Perspective for Internationalizing Religious Moderation as Indonesia’s Soft Diplomacy Legal Instrument in ASEAN Hartono, Achdwiyanto Yudi; Hamdi, Ahmad Zainul
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.v8i1.51695

Abstract

Indonesia, as the largest country in Southeast Asia, plays a strategic role in shaping regional stability and political dynamics within ASEAN. At the same time, regional developments, particularly the rise of religious radicalism and transnational terrorism, have significant implications for Indonesia’s national resilience. In this context, this article examines how Indonesia can strengthen its regional leadership through the internationalization of religious moderation as a legal and diplomatic instrument within ASEAN. The study analyzes the legal foundations of religious moderation policy in Indonesia, including constitutional principles, statutory regulations, and Presidential Regulation No. 58 of 2023, which institutionalizes the promotion of religious moderation as part of national policy. Using a normative qualitative legal approach, this article explores the intersection of law, religion, and diplomacy in promoting regional stability. The findings show that the internationalization of religious moderation can function as a form of soft diplomacy and normative leadership, enabling Indonesia to translate domestic legal norms into regional normative practices. This approach is consistent with ASEAN’s principles of consensus and non-interference, while also contributing to broader efforts to counter violent extremism and strengthen human security in the region. Furthermore, the study argues that religious moderation can be positioned as part of Indonesia’s non-military defense strategy, supporting the development of regional legal norms that promote peaceful coexistence and social resilience. Ultimately, the research highlights Indonesia’s opportunity to institutionalize religious moderation within ASEAN’s legal and diplomatic framework as part of its constitutional mandate to contribute to international peace and stability.
Legal Compliance and Dynamic Governance of School Operational Assistance Funds in Indonesia Arma, Nur Ambia; Sugandi, Yogi Suprayogi; Myrna, Rita; Sukarno, Dedi
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.v8i1.52173

Abstract

Education plays a strategic role in national development, such as School Operational Assistance (SOA) program, which is legally governed by multi-ministerial regulations namely the Regulation of the Minister of Education, Culture, Research, and Technology Number 63 of 2023, the Minister of Finance Regulation number 204 of 2022, and the Minister of Home Affairs Regulation number 3 of 2023. While existing studies on SOA have largely focused on administrative accountability and financial effectiveness, ther have paid limited attention to how legal compliance operates within a fragmented, multi-actor governance structure and how adaptive governance mechanisms can address regulatory rigidity and compliance traps. This gap is particularly evident in complex urban contexts such as Jakarta. This study aims to analyze the level of legal compliance in the management of SOA funds and to develop a dynamic governance model that can improve legal compliance and the effectiveness of SOA management in Indonesia. The research uses a descriptive-qualitative approach supported by quantitative data, through surveys and questionnaires of 52 high schools (public and private), and also uses a normative-qualitative method through document analysis techniques of laws and regulations related to the implementation of SOA from the Minister of Education and Culture, Minister of Finance, and Minister of Home Affairs. The results show that 90% of schools reported timely or very timely SOA fund disbursement, and 92% considered the allocated funds sufficient or very sufficient to support operational needs. In terms of administrative capacity, 94% of schools reported no difficulty in financial reporting, indicating relatively strong procedural compliance. However, substantive challenges persist: 28% of respondents identified limited budget flexibility, 27% reported mismatches between allocations and actual school needs, and 18% experienced high administrative burdens due to dual system. From a legal compliance perspective, this study reveals that compliance is predominantly deterrence-based, driven by administratice obligation rather than normative understanding of regulatory objectives, increasing the risk of procedural compliance traps. The recommended model developed refers to three pillars of dynamic governance, namely Thinking Ahead (flexible and responsive planning), Thinking Again (continuous evaluation and simplification of procedures), and Thinking Across (collaboration between institutions and stakeholders). This model is expected to become a policy reference that is not only relevant to Jakarta but can also be adopted in other regions with similar characteristics in education finance management.
Precarious Work and Legal Protection: Insights into the Implementation of Labor Standards Kurniati, Yeti; Julianasari, Wiwit
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.v8i1.54249

Abstract

The development of industrial relations in Indonesia demonstrates a structural shift toward the dominance of informal and precarious employment, characterized by fixed-term employment contracts (Perjanjian Kerja Waktu Tertentu/PKWT) and outsourcing arrangements that often weaken legal protection and social security coverage. This study examines the gap between normative labor regulations and the practical implementation of legal protection for precarious workers in Indonesia. Rather than employing an empirical field-based method, the research adopts a qualitative socio-legal doctrinal approach, analyzing primary legal materials, including Law No. 13 of 2003 on Manpower, Law No. 11 of 2020 on Job Creation and its implementing regulations, Constitutional Court decisions, and relevant ministerial regulations as well as secondary legal literature and policy documents. The unit of analysis focuses on the regulation and governance of fixed-term contracts and outsourcing arrangements in the post–Job Creation reform period. The findings reveal three central themes. First, regulatory reforms aimed at increasing labor market flexibility have expanded the scope of fixed-term and outsourced work, thereby intensifying employment insecurity and blurring employment status. Second, although labor standards are formally regulated, substantive protection remains limited due to ambiguities in employment classification and weak enforcement mechanisms. Third, institutional constraints in labor inspection and dispute resolution mechanisms contribute to a predominantly reactive and fragmented enforcement pattern. These dynamics reflect structurally unequal industrial relations, where workers’ bargaining power remains limited and access to effective remedies is uneven. The study concludes that legal protection for precarious workers in Indonesia remains structurally constrained despite formal regulatory guarantees. To enhance effectiveness, the paper recommends strengthening labor inspection institutions, clarifying the legal boundaries of fixed-term and outsourcing arrangements, expanding access to legal aid and collective representation, and rebalancing labor policy to ensure that flexibility does not undermine fundamental labor rights.
Reformulating Indonesia’s Consumer Protection Law in the AI-Driven Digital Economy: A Gap Analysis and Regulatory Roadmap Poernomo, Sri Lestari; Husen, La Ode; Sivakumar, S.; Aulia, Nur Afti; Muzakkir, Abd. Kahar
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.v8i1.51594

Abstract

The exponential growth of the AI-driven digital economy in Indonesia has triggered a systemic regulatory failure, evidenced by a 275% surge in consumer disputes due to the inability of positive law to address algorithmic risks. This research aims to reformulate Indonesia’s consumer protection legal architecture to resolve the structural obsolescence of Law Number 8 of 1999 and sectoral regulatory fragmentation. Employing a normative-juridical method integrated with a comparative analysis of the EU Digital Services Act and the EU AI Act, this study diagnoses the inadequacy of the fault-based liability regime in addressing algorithmic opacity. The findings indicate that consumer protection against systemic risks demands a paradigm shift from ex post redress to ex ante risk governance. As a concrete solution, this study constructs an adaptive legal model grounded in the Precautionary Principle, encompassing four main regulatory pillars: mandatory AIA, platform observability, tiered liability with presumption of causality, and digital rights codification. The primary originality of this research lies in the formulation of an implementation roadmap based on the Triple Helix model, which operationalizes these norms through concrete collaborative stages, ranging from establishing a regulatory sandbox to founding an independent digital supervisory authority. These policy implications provide a strategic blueprint for policymakers to transform the legal system into the foundation of a fair, trustworthy, and sustainable digital ecosystem.
Criminal Law Enforcement of Music Copyright in Indonesian Public Spaces: Proportionality and Ultimum Remedium in Balancing Copyright Protection and Cultural Access Widijowati, Rr. Dijan; Charisma, Restu Adhie
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.v8i1.52158

Abstract

The use of music in public spaces is a common social practice, yet it often gives rise to tension between music copyright protection and public access to culture. Conventional enforcement measures, including sweeping activities directed at the use of music in public spaces, may adversely affect public appreciation of music and risk constraining the development of local musical expression. This study examines the legal dynamics of that tension through a normative juridical approach, with a focus on the use of music in Indonesian public spaces. The data were collected through a literature-based analysis of copyright legislation, legal doctrine, and practices of criminal law enforcement. The findings show that copyright protection remains essential to safeguard the economic and moral rights of creators and to sustain creative production. However, its enforcement must also take into account the principles of proportionality, tolerance, and the broader public interest in cultural access. This article argues that criminal law enforcement against music copyright infringement should be applied only when the elements of mens rea and actus reus are clearly established, and when alternative dispute resolution mechanisms or other legal remedies are insufficient to protect the rights of copyright holders. The study concludes that criminal sanctions should be limited to intentional and legally significant infringements, while ordinary licensing disputes should primarily be addressed through civil, administrative, or other non-penal mechanisms. This study contributes to Indonesian copyright scholarship by conceptualizing criminal liability for public music use through the doctrinal framework of mens rea, actus reus, proportionality, and ultimum remedium.
The Controversy Between Universal and Particular Human Rights in The Context of Indonesia Indah Harlina; Jum Anggariani; Tetti Samosir; Utji Sri Wulan Wuryandari; Ahmad Dahlan
Khazanah Hukum Vol. 8 No. 2 (2026): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v8i2.44515

Abstract

This study examines the dialectic between the concepts of universal and particular human rights in the Indonesian context. Through an analysis of legal documents, historical treatises, and constitutional practices, the study reveals how Indonesia developed a "contextual universalism" approach that harmonizes universal human rights values with national socio-cultural particularities. The study shows that the tension between the universality and particularity of human rights has been an inherent part of Indonesian human rights discourse since the 1957-1959 Constituent Assembly debates, long before the reform era. Islam and local culture have a significant influence in shaping Indonesia's particular conception of human rights, with Muslim scholars and mainstream Islamic organizations contributing to the reconciliation of universal human rights principles with Islamic values and local wisdom. The study identifies five main strategies used by Indonesia in harmonizing universal and particular human rights: the margin of national appreciation, cultural translation, a dialogical approach, mainstreaming human rights in public policy, and developing contextual human rights conflict resolution mechanisms. This research has important theoretical implications, challenging the rigid dichotomy of universalism versus relativism, strengthening the argument about multiple modernities in human rights discourse, and underlining the importance of vernacularization. In practice, Indonesia faces challenges in harmonizing regulations and strengthening human rights culture, but it also has opportunities to develop global human rights diplomacy and a transformative human rights model rooted in the values of Pancasila and Indonesian constitutionalism.

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