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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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Legal Protection for Malnourished Children for Fulfillment of Health Services Amelia Pranita Ikhsan; Hasbir Paserangi; Muh Hasrul
Khazanah Hukum Vol. 4 No. 2 (2022): Khazanah Hukum Vol 4, No 2 August (2022)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v4i2.18787

Abstract

A child whose health is disturbed, both physically and psychologically is a reflection of not achieving the child's welfare. To get the welfare of the child, every child has the right to get services from the government and the community. The government stipulates laws and regulations in order to enforce the right of children to obtain health services. However, the reality that occurs in the community is that children do not get maximum nutritional health services both at the puskesmas and hospital levels so that there is no decrease in the number of children suffering from malnutrition. There is a need for legal protection for malnourished children so that children's welfare can maximize the growth and development process properly. In this case, the law is tasked with ensuring the welfare of children and guarding the interests of children in providing child protection. This study uses a qualitative approach with empirical legal research techniques in data collection and uses content analysis in describing the data obtained. The results of the study found that the legal protection for malnourished children for the fulfillment of health services in the prevention of malnutrition in children who were not carried out optimally. Various cross-sectoral roles are needed in the effort to fulfill the rights of malnourished children. The implementation of legal health services based on Health Law no. 36 of 2009 must be implemented, especially in overcoming the problem of malnutrition so that all health problems can be overcome in an effort to overcome malnutrition.
The Role of Legal Aid Post (Pos Bantuan Hukum) in Serving Uncapable Communities in the Bandung Religious Court Maulida Zahra Kamila; Nurohman Nurohman; Usep Saepullah
Khazanah Hukum Vol. 4 No. 3 (2022): Khazanah Hukum Vol 4, No 3 November (2022)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v4i3.18851

Abstract

Legal Aid Post (Posbakum) as the role of one's gateway to access justice is intended for those who are economically incapable, it is necessary to know the procedures and mechanisms of legal aid services and the extent to which these roles are deemed effective or not by the beneficiaries. This study focuses on the implementation of legal aid for economically disadvantaged communities in Legal Aid Post (Posbakum) Court using descriptive analysis research methods, the type of data used is empirical juridical,data sources are obtained from primary data and secondary data which are then analyzed qualitatively. The results of the study (1) recipients of legal assistance brought a Certificate of Incapacity (Surat Keterangan Tidak Mampu (SKTM)) from the local village and were brought to the consultation desk to fill out a form that contained in a nutshell the identity of the applicant and a brief description of the subject matter of the case, then legal advice was given by a lawyer or legal aid post (Posbakum) officer. available, if the requirements and forms have been filled in completely, then the typing will be given to assist in making legal documents. (2) The factors that become the benchmark for its effectiveness have not been fully achieved, so it can be said that the legal aid post (posbakum) at Bandung Religious Court has not been effective.
Crypto Digital Asset Phenomenon in Hadith Review with Anthro-Economic Social Approach Apriliah Apriliah; Wahyudin Darmalaksana
Khazanah Hukum Vol. 4 No. 3 (2022): Khazanah Hukum Vol 4, No 3 November (2022)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v4i3.19048

Abstract

This study aims to discuss the phenomenon of crypto digital assets in the review of hadith through an anthropo-economic social approach. This study uses a qualitative approach through descriptive-analytical methods. The results of the research and discussion show that cryptocurrency can be understood as a digital currency for virtual transactions or those based on an internet network in which there are differences of opinion among scholars. This study concludes that the use of crypto is prohibited based on the hadith about buying and selling that can lead to gharar and according to the views of scholars in Indonesia, this is related to the precautionary principle as far as cryptocurrency has not guaranteed security in the implementation of the socio-anthro-economic perspective of the Islamic community. This study recommends Islamic economic institutions such as Islamic financial services authorities and Islamic banking to conduct a more in-depth study of security guarantees in the use of digital crypto in Indonesia.
Juridical Analysis of The Execution of Confiscated Objects: A Case Study of Narcotics in the Blora State Court of Positive Law And Islamic Law Perspective Karyono Karyono; Aidul Fitriciadia Azhari; Natangsa Surbakti
Khazanah Hukum Vol. 4 No. 3 (2022): Khazanah Hukum Vol 4, No 3 November (2022)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v4i3.19055

Abstract

The Blora District Prosecutor's Office is a state agency with authority to carry out lawsuits against perpetrators of criminal cases, including narcotics crime cases. In the case of narcotics, the Prosecutor's office is also authorized to store and destroy confiscated narcotics. This is to the laws and regulations that narcotics confiscated objects should be stored in the State Confiscated Objects Storage House (Rupbasan) by Article 44 of the Criminal Procedure Code. The destruction of narcotics confiscated objects is carried out no later than seven days after obtaining a legal decision and has permanent legal force from Blora District Court, as regulated in Law Number 35 of 2009 concerning Narcotics. In this study, researchers took several legal decisions at the Blora District Court, which had differences in executing narcotics confiscated objects. This qualitative research combines data on legal decisions and interviews with law enforcement officials. This study also uses positive legal theory and Islamic Law to analyze the problems that occur in criminal narcotics cases, especially in the execution of narcotics confiscated objects. So the results of this study conclude that there is discretion from the results of legal decisions with laws and regulations governing the execution of confiscated objects in narcotics crime cases at the Blora District Court.
Mediation in Household Dispute Reconciliation: Prospects and Challenge Eneng Nuraeni; Ramdani Wahyu Sururi
Khazanah Hukum Vol. 4 No. 2 (2022): Khazanah Hukum Vol 4, No 2 August (2022)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v4i2.19113

Abstract

Domestic disputes are disputes within the family environment. Family disputes are personal disputes that do not need to be exposed. The settlement of household disputes must prioritize the restoration of the situation to maintain good relations in the family order. Mediation is an effective way to resolve household disputes because mediation is a peaceful dispute resolution that accommodates common interests, ensures the confidentiality of both parties, is cooperative, consensual and a win-win solution. However, although mediation is an effective method and is a method that is guided by the Qur'an (Qur'an 4:35), in reality, mediation has not become the main choice. The method used is a descriptive analysis method with a normative juridical approach. Observations show that mediation is an ideal alternative for resolving household disputes because it prioritizes peace and restoration of good relations (reconciliation) in family ties. There are several ways to make mediation in household dispute resolution effective, including not violating the general principles of ADR (Alternative Dispute Resolution), strengthening the role/function of mediators and maximizing the skills of mediators. The challenges of mediation as an alternative for resolving household disputes are; socialization of mediation institutions has not been optimal, there is still a lack of certified mediators, not yet qualified mediator skills/skills, the level of conflict is quite severe, there is no good faith, peace agreements do not have legal force, mediation in court is not based on volunteerism but based on procedural lawsuits. Thus, there needs to be a concrete effort to make mediation a reconciliation of household disputes, including from the parties, mediators and regulations on mediation.
Implementation of The Provision of Wages Below the Minimum Wage Provisions in Micro Enterprises and Small Businesses Arif Prasetiyo; Siti Hajati Hoesin
Khazanah Hukum Vol. 4 No. 2 (2022): Khazanah Hukum Vol 4, No 2 August (2022)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v4i2.19242

Abstract

This research is based on the application of wages below the minimum wage for businesses that meet the criteria for micro and small businesses. As it is known that the provisions of the district and city minimum wages are a form of safety net for the economic life of Indonesian workers. However, often a common problem for micro and small businesses is that they cannot meet the minimum wage requirements because the economic capacity of their own businesses is different from that of large businesses. Through the Employment Creation Act, the government finally made changes to the labor cluster by providing special rules for micro and small businesses in terms of providing wages below the minimum wage. The problems that will be studied in this research are regarding the requirements to be able to provide wages below the minimum wage provisions and how to provide wages under the minimum wage provisions. The method used by the author in this study is a normative juridical research. The results of the research are an explanation of the conditions for businesses that can pay their workers' wages below the minimum wage, how to make a Collective Agreement so that they can pay wages below the minimum wage.
Elimination of Violence Against Children During the Covid-19 Pandemic based on the United Nations Convention on the Rights of the Child (UNCRC 1989) Nurul Fatia Kurniasi; Juajir Sumardi; Iin Karita Sakharina
Khazanah Hukum Vol. 4 No. 2 (2022): Khazanah Hukum Vol 4, No 2 August (2022)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v4i2.19350

Abstract

Violence against children is included in the highest cases of human rights violations during the Covid-19 pandemic. It will affect and has affected the lives of children throughout the world, especially in Indonesia. Children are a vulnerable group who need special protection during this pandemic because, during the pandemic, cases of violence against children are now shifting from the home. Indonesia has ratified the United Nations Convention On The Rights Of The Child (UNCRC 1989) through Presidential Decree Number 36 of 1990, in which the formation of national legislation, Indonesia must use the same principles based on the convention. The actualization of national law has been repeatedly launched to eliminate violence against children in Indonesia. The problem formulation of this research is how to eliminate violence against children in Indonesia during the Covid-19 pandemic based on the United Nations Convention On The Rights Of The Child (UNCRC 1989). The purpose of this study was to determine the extent of the state's responsibility in realizing the elimination of violence against children during the Covid-19 pandemic based on the 1989 UNCRC. This research is an empirical descriptive study. The study results show that the 1989 UNCRC has been implemented into Law Number 35 of 2014 as a form of state obligations and responsibilities. In this case, efforts to protect, recover, prevent, and eliminate violence against children in Indonesia, especially in Makassar, have not been appropriately fulfilled and are ineffective yet. This is evident from the lack of legal counseling, and the provision of legal assistance for child victims of violence has not been optimal. Hence, many children still do not get their right to feel safe and protected during the Covid-19 pandemic. It is the responsibility of all stakeholders to increase productivity, human resources, and implementation of the 1989 UNCRC to realize the elimination of child violence in Indonesia.
Interfaith Marriage in North Lombok: Sociological Perspective of Islamic Law Khairul Hamim; Muhammad Iskandar; Muhammad Azizurrohman
Khazanah Hukum Vol. 4 No. 2 (2022): Khazanah Hukum Vol 4, No 2 August (2022)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v4i2.19657

Abstract

Interfaith marriage has no legal foundation. However, this marriage practice is still carried out among the people of North Lombok. Using a purposeful sampling methodology, the authors used a descriptive qualitative method to collect data from several interviewees, including village heads, religious leaders, and interfaith marriage players. According to this study, interfaith marriage requires the bride to follow the religion of her prospective spouse. Environmental factors, kinfolk or kindred, married by accident, sociocultural factors, a lack of religious knowledge, and transmigration all contribute to this marriage. At the very least, this marriage psychologically affects spouses and families. It also has an impact on the religious peace of the surrounding communities. In the meantime, interfaith leaders advise against interfaith weddings.
Troubled Financing Rescue Strategy in Musyarakah Financing: PT. Sharia NTB Bank Riduan Mas’ud
Khazanah Hukum Vol. 4 No. 2 (2022): Khazanah Hukum Vol 4, No 2 August (2022)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v4i2.19676

Abstract

This study aims to evaluate the strategy undertaken by PT. Bank NTB Syariah in dealing with problems in musyarakah financing both in terms of policy and law. This research is descriptive qualitative research. The data in this study were obtained through an interview process with leaders from PT. Bank NTB Syariah and the analyst section of Bank NTB Syariah. Based on the results obtained, it can be concluded that PT. Bank NTB Syariah faces several problems, including weak supervision, availability of human resources, untrustworthy customers, customers who retire early, unstable weather, stalled project terms, customer death, not optimal Collateral, covid-19, to natural disasters. Steps that need to be taken by PT. Bank NTB Syariah is restructuring all aspects of financing. In addition, transaction systematics needs to be improved periodically
The Effect of Cost Determination in the Provision of Halal Certificates on Traded Products in Makassar City Azzah Azimah Assagaf; Juajir Sumardi; Winner Sitorus
Khazanah Hukum Vol. 4 No. 3 (2022): Khazanah Hukum Vol 4, No 3 November (2022)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v4i3.19945

Abstract

In terms of food or goods and their use, Islam commands its followers to eat and use good, holy, and clean ingredients. Allah Subhanahu Wa Ta'ala says which means: "O mankind, eat what is lawful and good from what is on earth, and do not follow the steps of the devil, because indeed the devil is a real enemy for you." (Q.S. Al-Baqarah, 2:168). In other words, the concept of perfect and recommended food is “halal and good food.” Since the Covid-19 pandemic has spread throughout Indonesia, many have turned into traders to provide for themselves and their families due to mass layoffs. However, if you want to sell, you need to pay attention to the composition that will be used, because in Article 4 of Law Number 33 of 2014 concerning Halal Product Guarantee, which states "products that enter, circulate, and trade in Indonesian territory must be certified halal" and this article came into effect on October 17, 2019. However, there are still many MSME (Micro, Small, and Medium Enterprises) who do not have a halal certificate due to cost constraints. etc. The purpose of this study was to evaluate and find answers related to the effect of determining costs and procedures for obtaining a halal certificate on the ease of doing business for businessmen in Makassar City. This research is an empirical research, both quantitative data and qualitative data were analyzed using a qualitative descriptive approach. The results of the study indicate that the determination of costs and procedures for obtaining a halal certificate greatly influences the ease of doing business for businessmen in Makassar City, especially MSME. Of the 60 MSME who have filled out this research questionnaire, 38 MSME (63.3%) admitted that determining the costs and procedures for obtaining a halal certificate was burdensome/complicated for MSME and 22 other MSME (36.7%) claimed to make it easier.

Page 5 of 13 | Total Record : 127

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