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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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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.
DNA Testing and Nafyu al-Nasab: A Comparative Study of Ali Jum'ah’s Fatwa and Its Socio-Legal Implications in Global Jurisdictions Wawan Hermawan; Mohammad Rindu Fajar Islamy; Baidhillah Riyadhi; Kamaludin Kamaludin
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.v8i2.52785

Abstract

This article analyzes the existence and juridical status of DNA testing in the determination (ithbāt) (establishment of lineage status) and negation (nafy) (denial, annulment, or rejection of lineage relationship) of lineage within the framework of Islamic family law through the perspective of the fatwas of Ali Jum’ah. The rapid development of forensic genetic technology has challenged the classical Fiqh framework, which traditionally recognizes liʿān (as the only legitimate mechanism for denying lineage). This study aims to reassess the relevance of Ali Jumʿah’s legal reasoning in the contemporary context by comparing legal approaches in Indonesia, selected Middle Eastern countries, and Western jurisdictions. This research employs a juridical-normative approach combined with comparative legal analysis and socio-legal perspectives. The study analyzes authoritative literature, fatwas of Islamic institutions, statutory regulations, and selected judicial decisions related to paternity determination and denial. The findings demonstrate that Middle Eastern legal systems generally recognize DNA evidence as qarīnah qawiyyah for verifying lineage but reject its use for nafyu al-nasab, consistent with Ali Jumʿah’s fatwa. Indonesia adopts a moderate approach, allowing DNA as corroborative evidence for determining biological relations but not as an independent basis for denying nasab in Islamic law. In contrast, Western legal systems treat DNA evidence as the primary determinant of paternity regardless of marital status. This study contributes to the development of an integrative framework for Islamic family law reform, proposing that DNA testing should function as strong corroborative evidence within a maqāṣid al-sharīʿah (Objectives of Shariah) framework that prioritizes the protection of lineage (ḥifẓ al-nasab), family stability, and the rights of the child.
Governing Islamic Marriage: The Role of Tawkil Wali Bil Kitabah in Indonesia’s Marriage Registration System Akhmad Shodikin; Adyananda Firnaz Asyifa; Jefik Zulfikar Hafizd; Dewi Safitri; Edy Setyawan
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.v8i2.54248

Abstract

This article examines Tawkil Wali bil Kitabah as a legal-administrative instrument through which the state governs Islamic marriage within Indonesia’s marriage registration system. The study addresses the tension between classical fiqh munakahat requirements, particularly the presence of a marriage guardian, and contemporary social realities marked by mobility and administrative demands. This research is primarily framed as normative-doctrinal legal research with a descriptive-analytical approach, supported by an analysis of statutory regulations, marriage registration guidelines, and relevant scholarship on Islamic family law, as well as limited field-based information from Kantor Urusan Agama (Office of Religious Affairs, KUA) practice in Cirebon as an illustrative example. The findings show that Tawkil Wali bil Kitabah functions not merely as an administrative formality but as a state-recognized legal instrument that standardizes the delegation of guardianship authority, ensures procedural order, and strengthens legal certainty in Islamic marriage. The study also shows that this mechanism reflects the harmonization of fiqh, the Compilation of Islamic Law, and state administrative practice in the governance of marriage. It concludes that Tawkil Wali bil Kitabah represents an evolving model of governing Islamic marriage in Indonesia, in which religious norms are operationalized through legal-administrative procedures without displacing their normative foundations.
Ammotere Abbaji as a Local Wisdom-Based Restorative Justice Mechanism in Resolving Silariang Customary Crimes Azwad Rachmat Hambali; Zainuddin Zainuddin; Salle Salle; Muhammad Nur Ikram Fuady
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.v8i2.52442

Abstract

Silariang marriage, in Bugis-Makassar customs, is considered a form of marriage that violates customary norms because it is conducted without the family's consent, especially from the woman's side. As a conflict resolution mechanism born from the local wisdom of the Bugis-Makassar community, Ammotere Abbaji serves as a tradition of apology performed by the Silariang couple to the woman's family to restore the fractured social relationship. This mechanism prioritises the restoration of Siri's honor, payment of customary fines, acknowledgement of marital status, and reintegration of the offender into the social order, emphasising reconciliation over retribution. The process is carried out through customary deliberations involving traditional leaders and the families of both parties, thereby reflecting the substantive principles of restorative justice. In the context of Indonesian positive law, Ammotere Abbaji is gaining increasingly open recognition, in line with the spirit of various regulations that accommodate the values of living law. However, this recognition demands more concrete systemic reforms, namely the establishment of special regulations that integrate customary mechanisms into the formal judicial process, the expansion of law enforcement officers' discretionary powers to transfer cases to communal forums, and the formation of certified customary mediation institutions with measurable rights protection standards. The novelty of this research lies in the first effort to scientifically construct Ammotere Abbaji as a model of restorative justice based on local wisdom, which possesses cultural legitimacy, structured procedures, and relevance in the reform of Indonesian criminal law (ius constituendum), thereby making an original contribution to the development of customary law and the criminal justice system in Indonesia.

Page 14 of 14 | Total Record : 137

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