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Contact Name
Muhammad Andi Septiadi
Contact Email
septiadi.andi90@gmail.com
Phone
+6282176562270
Journal Mail Official
septiadi.andi90@gmail.com
Editorial Address
Jalan A.H Nasution No.105, Cibiru, Kota Bandung
Location
Kota bandung,
Jawa barat
INDONESIA
Khazanah Hukum
ISSN : -     EISSN : 27159698     DOI : https://doi.org/10.15575
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 134 Documents
Victim-Centered Legal Pluralism and Child Protection Governance in Addressing Sexual Violence in Aceh’s Pesantren Bukido, Rosdalina; Isima, Nurlaila; Kamma, Hamzah; Makka, Misbahul Munir; Kamaru, Naylah Salsabilah
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.v8i1.47268

Abstract

This study examines sexual violence in Aceh’s pesantren (Islamic boarding schools) through a victim-centered legal pluralism perspective, focusing on the interaction between religious authority, local sharia-based criminal law, national child protection instruments, and institutional governance. Using a juridical-sociological approach, this study draws on semi-structured interviews with twelve informants, including survivors, pesantren actors, legal actors, child protection officers, and advocates from non-governmental organizations (NGOs) in Bener Meriah and North Aceh. The interview data are complemented by documentary analysis of legal regulations, child protection reports, NGO documents, media-based case documentation, and selected legal records. The findings show that sexual violence in pesantren is enabled by hierarchical relations between kiai (pesantren leaders), ustaz (religious teachers), and santri (students), especially when takzim (reverential respect toward religious authority) develops into unquestioned obedience without accountability. The study also finds that the pre-amendment implementation of Qanun Aceh No. 6 of 2014 during the 2024 fieldwork period had strong social and religious legitimacy but remained limited in ensuring victim recovery, psychosocial assistance, restitution, educational reintegration, and post-sanction monitoring. Although national instruments such as the Child Protection Law, the TPKS Law, and PMA No. 73 of 2022 provide broader victim-centered protection norms, their implementation in pesantren remains weak and fragmented. Institutionally, relevant actors such as the Ministry of Religious Affairs, DP3A, UPTD PPA, law enforcement agencies, NGOs, and pesantren administrators do not yet operate within an integrated case-management system. This study contributes to socio-legal scholarship by arguing that child protection in pesantren requires not only legal reform, but also mandatory safeguarding governance, integrated referral mechanisms, and enforceable institutional accountability.
Regulatory Gaps in Protecting Children’s Constitutional Rights against Digital Microtransactions in Indonesia’s Online Gaming Ecosystem Isharyanto, Isharyanto; Achmad Fawaid; Ismail Marzuki
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.v8i1.51532

Abstract

This article examines regulatory gaps in protecting children’s constitutional rights against digital microtransactions in Indonesia’s online gaming ecosystem. The study aims to analyze how monetization mechanisms such as loot boxes, gacha systems, pay-to-win designs, and other persuasive interfaces may expose children to risks of digital economic exploitation; to evaluate the adequacy of Indonesia’s legal framework in addressing those risks; and to formulate a child-centered regulatory model for online gaming governance. This research employs normative legal methods through doctrinal, comparative, and conceptual approaches. The doctrinal approach is used to examine Indonesian positive law, the comparative approach analyzes regulatory responses in the United Kingdom, the Netherlands, South Korea, and Japan, and the conceptual approach interprets constitutional protection and the principle of the best interests of the child. The findings show that digital microtransactions function as integrated monetization architectures that may exploit children’s cognitive, behavioral, and social vulnerabilities. Although Indonesia already possesses relevant legal instruments, including Article 28B paragraph (2) of the 1945 Constitution, the Child Protection Law, the Consumer Protection Law, the ITE Law, and Government Regulation No. 17 of 2025, the current framework remains fragmented, general, and insufficiently responsive to microtransaction-specific risks. The study implies the need for a child-centered regulatory framework based on design protection, transparency obligations, platform accountability, and coordinated institutional supervision. The originality of this article lies in repositioning digital microtransactions from a predominantly psychological and market-based issue into a constitutional child-rights issue within Indonesia’s digital legal order.
Ensuring Equal Opportunities in The Workspace When Organizing Working Hours Lutsenko, Olena Ye.; Sereda, Olena H.; Prylypko , Sergii; Patlachuk, Oleksandr
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.v8i1.51659

Abstract

This article reviews the question of whether the existing EU legal provision on working time is effective in guaranteeing substantive equality of opportunity in employment. It highlights a doctrinal gap in the EU labour law: whereas the Directive 2003/88/EC is officially intended to be a health and safety tool, the effect of this tool on equality (especially indirect discrimination and care responsibilities and disability accommodation) is still conceptually undeveloped and inconsistently applied. The research is characterized by a doctrinal legal approach, a mix of the analysis of EU primary and secondary law, and the Court of Justice of the EU case-law. The wider applicability of EU standards, such as to the Ukrainian labour law reform, is evaluated in a limited comparative perspective. The results show that formally neutral working-time practices, including long working hours, inflexible working schedules, and expansive derogations, may have disproportionately negative effects on women, caregivers, and persons with disabilities. The study reveals that the current framework has a weakness not in the lack of legal norms, but in its piecemeal interpretation of equality and ineffective enforcement procedures, especially in the area of working-time recording and opt-outs. The article contributes to the legal doctrine by conceptualizing the regulation of working time as an equality mechanism, not a technical or health-related problem. It calls for an equality-based review into the working-time law and suggests the reinforcement of enforcement, curtailing of derogations, and acknowledgement of access to flexible working arrangements as an element of employment equality.
Economic Efficiency Versus Legal Dogmatics: A Critical Analysis of Restorative Justice for Indonesian Petty Corruption Arsyad, Nasrullah; Hasyim, Satrih
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.v8i1.54236

Abstract

The normalization of petty corruption in Indonesia poses a significant sociological and institutional challenge, as evidenced by high rates of public participation in gratification. Paradoxically, law enforcement officials frequently respond to this phenomenon through a pragmatic discourse advocating restorative justice to achieve budgetary efficiency. This research aims to critically evaluate this cost efficiency argument by analyzing the normative and sociological implications of resolving corruption offenses through non-penal mechanisms. Utilizing a normative legal research methodology encompassing statutory, conceptual, and case approaches, this study examines the tension between empirical case handling expenditures and foundational rule of law principles. The findings reveal that the substantial disparity between enforcement expenditures and recovered state assets does not provide a sufficient legal basis to justify the decriminalization of corruption. Law enforcement costs represent a core constitutional function that cannot be reduced to a profit oriented calculation. Sociologically, implementing peaceful resolution mechanisms within a high tolerance society creates a significant risk of institutionalizing impunity and may encourage the collective imitation of corrupt behavior. Furthermore, a dogmatic reconstruction affirms that Article 4 of Law Number 31 of 1999 and Article 82 letter c of Law Number 20 of 2025 explicitly exclude corruption offenses from extrajudicial resolutions, as the inherent mens rea element cannot be nullified by mere asset restitution. Consequently, this research concludes that addressing this challenge requires prioritizing a summary proceedings mechanism alongside the modernization of digital prevention systems. This integrated approach ensures legal certainty, maintains the deterrent effect of criminal law, and safeguards institutional integrity without compromising procedural efficiency.