Khazanah Hukum
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
Articles
127 Documents
<![CDATA[The Legal Consequences of the Forgive Deed Bringed by the Prisoner to the Notary ]]>
<![CDATA[Reza Meilanda Lesmana]]>;
<![CDATA[Dika Sidataufa Aryatama]]>
<![CDATA[ Khazanah Hukum Vol. 4 No. 2 (2022): Khazanah Hukum Vol 4, No 2 August (2022) ]]>
Publisher : <![CDATA[UIN Sunan Gunung Djati ]]>
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DOI: 10.15575/kh.v4i2.14891
<![CDATA[Notaries as one of the public officials who are vulnerable to disputes in the agrarian sector as a consequence of negligence in carrying out their duties and authorities. This research uses the method of juridical analysis of the norms and legal customs that exist in the community public and analytical descriptive of the responsibilities of a notary and court decisions. The results of the study indicate that there is negligence and unlawful behavior carried out by both an appearer and the notary himself. This can be seen in the Decision of the Supreme Court of the Republic of Indonesia, Supreme Court Decision No. 185 PK/Pid/2010, the Notary was sentenced based on Article 263 paragraph (1) of the Criminal Code (KUHP) Juncto Article 55 paragraph (1) to the- 1 The Criminal Code (KUHP), which imposes penalties on notaries for falsifying documents. In this case, the Notary as a State official and serving as law enforcement is dealing with the law for actions that he did not commit, as a result of the parties submitting the deed by bringing fake letters or documents. While the Notary argued that his party did not know that the documents received from his client were fake. So that, there is a void of legal norms in the Notary Position Act relating to legal protection and the responsibility of the Notary in making the deed based on data and information falsified by the parties. Therefore, it is necessary to have justice and legal certainty that can solve these problems. ]]>
<![CDATA[The Development of Corporate Financing Law: Empirical Practices of Business Financing in the "PaDi UMKM" Marketplace ]]>
<![CDATA[Shafa Dinda Putri]]>;
<![CDATA[Tarsisius Murwadji]]>;
<![CDATA[Etty Mulyati]]>
<![CDATA[ Khazanah Hukum Vol. 4 No. 1 (2022): Khazanah Hukum Vol.4 No.1 April (2022) ]]>
Publisher : <![CDATA[UIN Sunan Gunung Djati ]]>
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DOI: 10.15575/kh.v4i1.16734
<![CDATA[Micro Small Medium Enterprises (MSMEs) are the largest segment of national economic actors that can continue to grow. Still, in practice, MSMEs are difficult to develop because several obstacles are faced, especially in the digital world, which is difficult to get financing because of the unfulfilled collateral requirements. In its development, corporate financing also uses information technology media. This research aims to analyze juridical reviews of Corporate Finance Law in digital platforms, business financing practices on MSMEs Digital Market (PaDi) Marketplace in MSMEs development efforts, and invoice financing as collateral development in MSMEs company financing. The research methods used are normative juridical with analytical descriptive research specifications. The results of this study show: (1) corporate financing has been regulated in several laws and regulations and related to its development in digital platforms is implied to be regulated through Financial Services Authority Regulation Number 13/POJK.02/2018; (2) MSMEs Digital Market (PaDi) Marketplace acts as a facilitator of buying and selling as well as providing finance; and (3) the new securities theory of Performance Securities is realized through invoice financing as finance without collateral.]]>
<![CDATA[Legal Protection in Labor Dispute Settlement Through Industrial Relations Mechanism ]]>
<![CDATA[Shinta Azzahra Sudrajat]]>;
<![CDATA[Arzam Arzam]]>;
<![CDATA[Doli Witro]]>
<![CDATA[ Khazanah Hukum Vol. 4 No. 1 (2022): Khazanah Hukum Vol.4 No.1 April (2022) ]]>
Publisher : <![CDATA[UIN Sunan Gunung Djati ]]>
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DOI: 10.15575/kh.v4i1.17027
<![CDATA[This article discusses one of the Indonesian legal products used in the settlement of labor disputes, namely the industrial relations mechanism, which is part of the legal product to resolve disputes by legal protection measures. This article aims to find out the mechanism of Industrial Relations to provide legal protection in labor disputes. This article is normative juridical research that analyzes secondary data from legal studies literature in the form of books, journals, and other materials related to the research topic of this article. The data analysis technique used is content analysis. The results of the analysis show that legal protection in labor disputes with industrial relations mechanisms can be carried out through the Bipartite, Tripartite, and Industrial Relations Courts (PHI). The results of this court's decision do not only stop in writing on paper, but there must be a follow-up from the losing party to carry out their obligations based on the demands that have been set.]]>
<![CDATA[Combating Drug Crimes at the East Surabaya Police ]]>
<![CDATA[Syahrul Qiram]]>
<![CDATA[ Khazanah Hukum Vol. 4 No. 1 (2022): Khazanah Hukum Vol.4 No.1 April (2022) ]]>
Publisher : <![CDATA[UIN Sunan Gunung Djati ]]>
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DOI: 10.15575/kh.v4i1.17261
<![CDATA[The purpose of this study was to determine the extent and magnitude of the influence of drugs in social life and the role of the East Surabaya Police in narrowing the movement of drug syndicates. The research that the author will use in doing this research is research that uses the Juridical Empirical method, namely research on legal identification (unwritten law), intended to find out unwritten law based on applicable law in society. The results of the study can be concluded that in tackling the circulation of narcotics and psychotropic substances, it is necessary to have the participation of all parties and the active participation of the community, especially families, in fostering family members as well as the seriousness and firmness of law enforcers in eradicating, taking action and imposing strict sanctions for perpetrators of narcotics crimes and psychotropic Juridical and non-juridical factors that encourage drug abuse due to economic factors, promiscuity, low level of education, ignorance of the dangers of drug use and legal snares for drug users and dealers]]>
<![CDATA[Due to Legal Decisions of the Industrial Relations Court that Exceed the Time Limitation of 50 Working Days Since the First Session ]]>
<![CDATA[I Made Adiwidya Yowana]]>
<![CDATA[ Khazanah Hukum Vol. 4 No. 1 (2022): Khazanah Hukum Vol.4 No.1 April (2022) ]]>
Publisher : <![CDATA[UIN Sunan Gunung Djati ]]>
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DOI: 10.15575/kh.v4i1.17348
<![CDATA[This study examines the legal consequences of industrial relations court decisions that exceed the time limit of 50 working days from the first trial. This research is normative legal research, which is conducting research by examining various laws and regulations and legal principles related to the settlement of industrial relations disputes. The study results indicate that the industrial relations court's decision is still legally valid even though the decision has passed the time limit of 50 working days from the first trial as regulated in Article 103 of the PPHI Law. This is because the procedural law adheres to lex stricta, which must be interpreted strictly, including the prohibition on the interpretation of analogies. Apart from the principle of lex stricta, the principle of res judicata pro veritate habetur, and the null and void nature of the law, it also confirms that the IRC's decision remains valid even though it violates the provisions of Article 103 of the PPHI Law. Based on the research results, it can be suggested that the Supreme Court immediately issued a Supreme Court Regulation (PERMA) regarding the imposition of administrative sanctions on the industrial relations court judges who violate the provisions of Article 103 of the PPHI Law.]]>
<![CDATA[Implications of Renewal System of Criminal Justice Based on the Principles of Restorative Justice on The Role of Probation and Parole Officer ]]>
<![CDATA[Moch. Fauzan Zarkasi]]>;
<![CDATA[Nur Azisa]]>;
<![CDATA[Haeranah Haeranah]]>
<![CDATA[ Khazanah Hukum Vol. 4 No. 1 (2022): Khazanah Hukum Vol.4 No.1 April (2022) ]]>
Publisher : <![CDATA[UIN Sunan Gunung Djati ]]>
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DOI: 10.15575/kh.v4i1.17354
<![CDATA[In Indonesia, criminal law reform is manifested in plans to amend several laws and regulations, including the Criminal Code, the Criminal Procedure Code, and the Correctional Law. In addition, several criminal justice sub-systems have issued policy regulations that put forward the principle of penal mediation to accommodate the limitations or shortcomings of formal criminal law in resolving criminal cases. These various steps of change put forward a value known as restorative justice. The concept of restorative justice, which contains two main principles, namely participation, and recovery, always requires the role of Probation and Parole Officer as stated in the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System. The formulation of the following research problem is how the implications of reforming the criminal justice system based on the principles of restorative justice on the role of the Probation and Parole Officers. The purpose of this study was to determine the projected implications of reforming the criminal justice system based on the principles of restorative justice on the role of Probation and Parole Officers. This research is descriptive normative legal research. The results of the study indicate that Probation and Parole Officers have the potential to obtain strengthening of duties and functions in particular from the three main aspects of reform, namely strengthening alternative disposal, the existence of sentencing guidelines, as well as supervision and guidance in the implementation of various types of punishments and treatments. The expansion of these tasks and functions indicates the urgency of optimizing the fulfillment of technical and facilitative needs for the Probation and Parole Officers.]]>
<![CDATA[The Existence of The MPR Post Amendment to The 1945 Constitution Related to he Representative System in Indonesia ]]>
<![CDATA[Freddy Poernomo]]>
<![CDATA[ Khazanah Hukum Vol. 4 No. 1 (2022): Khazanah Hukum Vol.4 No.1 April (2022) ]]>
Publisher : <![CDATA[UIN Sunan Gunung Djati ]]>
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DOI: 10.15575/kh.v4i1.17424
<![CDATA[Based on articel (2) point (1) the 1945 Constitution after reconstruction state that General Poeple Assembly consist of members from House of Representative and Regional House of Representative. According from this fact that General People Assembly is independent institution or organisation besides House of Representaive dan Regional House of Represntative. It’s consequensi that have three representative organ in Indonesia. Therefore General People Assembly is independent institution but don’t have legislative authority. There is deferent fact between House of Representaif and Regional House of Representative Authority.]]>
<![CDATA[Juridical Study of Liability Execution Auctions Limit Value Below the Value of Loans ]]>
<![CDATA[Yekti Mumpuni]]>;
<![CDATA[Ibnu Arly]]>
<![CDATA[ Khazanah Hukum Vol. 4 No. 1 (2022): Khazanah Hukum Vol.4 No.1 April (2022) ]]>
Publisher : <![CDATA[UIN Sunan Gunung Djati ]]>
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DOI: 10.15575/kh.v4i1.17765
<![CDATA[Credit agreements made by banks with customers are a function of banks as channeling funds to the public, besides that banks also function as collectors of public funds. More results obtained from the distribution of funds than the collection is income for the bank which is known as the spread. However, focusing on spreads poses a risk that the customer (debtor) will not be able to collect it so that it is detrimental to the bank, therefore banks must apply the precautionary principle in extending credit to customers. If the debtor cannot be billed, the bank can execute the guarantee provided by the debtor as one of the requirements for obtaining credit, this is to cash the guarantee as a payment for bills that are not paid by the debtor. One way of execution permitted by law is through an auction of mortgage execution by way of registering the auction to the KPKNL and will be carried out by a Class I Auction Officer. In the auction there are two prices, namely the limit price and the auction price, each of which is the minimum bid price. auction offered by the seller (auction requester) and the maximum price of the auction offer given by the auction participant and is the winner of the auction. The problem that often occurs in the implementation of this auction is the determination of the limit price which is considered too low by the debtor so that it is detrimental to the debtor to obtain the maximum value for the auction, resulting in a lawsuit in court for the cancellation of the auction results due to unlawful acts. This happened in the decision of the District Court Number 144/Pdt.Bth/2020/PN Sby where Sri Suarwati et al., as the plaintiffs, filed a lawsuit to cancel the auction of the execution of mortgage rights for alleged unlawful acts to determine the collateral limit value that was too low for the collateral assets. resulting in the defendant being in debt even though the collateral has been auctioned off and released from it. Through the principle of justice, the auction institution should be able to provide happy results for all parties so that the KPKNL as the official State institution holding the mortgage execution auction and the Class I Auction Officer must be active and not only based on procedural completeness, but also be able to read the auction that will be submitted. the implementation of whether there is a violation of law in it because the deed of the minutes of auction issued is included in the authentic deed.]]>
<![CDATA[Legal Protection of Policyholders Due to Bankruptcy of Bumi Asih Jaya Insurance ]]>
<![CDATA[Danggur Feliks]]>
<![CDATA[ Khazanah Hukum Vol. 4 No. 2 (2022): Khazanah Hukum Vol 4, No 2 August (2022) ]]>
Publisher : <![CDATA[UIN Sunan Gunung Djati ]]>
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DOI: 10.15575/kh.v4i2.18100
<![CDATA[PT. Asuransi Bumi Asih JayaInsurance or Asuransi Bumi Asih Jaya failed to pay due to many factors, one of which was due to the Covid-19 pandemic. This condition caused the investment portfolio of the two products to be problematic. After experiencing a default, the Supreme Court finally decided to go bankrupt. So that policyholders must get legal protection from the bankruptcy of Krishna Life. The formulation of the problem in this research is the legal position of the policyholder against the decision of the bankrupt Asuransi Bumi Asih Jayaand the legal protection of the Asuransi Bumi Asih Jayapolicy holder being declared bankrupt. This study also uses a normative juridical research method. As well as using a statutory approach and a conceptual approach. Based on the results of research and discussion of the legal position between Asuransi Bumi Asih Jayaand policyholders under Preferred Creditors and above Concurrent Creditors. Then there is also no legal relationship between Krishna Life and the Policy Holder. This provision is regulated in Article 21 of the Bankruptcy Law/PKPU, so during the bankruptcy process, the assets obtained from Krishna Life are still managed by the Curator because there has been a bankruptcy statement from the Supreme Court Judge at the cassation level. So that there is no legal relationship again between the Insurer, namely Krishna Life and the Insured, namely the policyholder. Legal protection for Asuransi Bumi Asih JayaInsurance even though it has been declared bankrupt based on Article 52 paragraph 1 of the Insurance Law. Asuransi Bumi Asih Jaya Insurance also has the same position and is entitled to obtain the proceeds from the sale of the debtor's assets, both the debtor's assets in the future. The bankruptcy estate settlement process from Life Insurance can be carried out by a Curator who starts the settlement of the bankruptcy estate after the bankruptcy estate is unable to pay and the debtor's business is terminated.]]>
<![CDATA[A Sociological Approach to Consumer Protection in E-Commerce Transactions During the Covid-19 Pandemic ]]>
<![CDATA[Dena Ayu]]>;
<![CDATA[Mursal Mursal]]>;
<![CDATA[Putri Jianti]]>;
<![CDATA[Doli Witro]]>;
<![CDATA[Rifqi Nurdiansyah]]>
<![CDATA[ Khazanah Hukum Vol. 4 No. 3 (2022): Khazanah Hukum Vol 4, No 3 November (2022) ]]>
Publisher : <![CDATA[UIN Sunan Gunung Djati ]]>
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DOI: 10.15575/kh.v4i3.18690
<![CDATA[This article uses a sociological approach to discuss consumer protection in the sales system through e-commerce during the covid-19 pandemic. This study aims to provide legal certainty to consumers by highlighting consumer protection laws and the role of the government in protecting people who make transactions in e-commerce. This article is juridical-normative research. This article uses qualitative data that is a literature study. In this case, two types of data are used: primary and secondary data. Primary data includes Law Number 8 of 1999 concerning Consumer Protection. At the same time, secondary data is obtained from library sources such as books, scientific articles, theses, dissertations, research reports, internet websites, and other data sources. Miles et al. used the qualitative data analysis technique, namely data condensation, data presentation, and concluding. The analysis results show that the consumer protection law does not only apply to consumers but to everyone who transacts in it. Consumer protection is very much needed to maintain security and provide convenience for sellers and buyers in carrying out economic transactions in the covid-19 pandemic. The role of law in consumer protection following the Consumer Protection Law Number 8 of 1999 provides efforts to ensure legal certainty to protect consumers.]]>
