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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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The Effectiveness of Coordination and Supervision of Civil Servant investigators (PPNS) by Republic of Indonesia Police Investigators in the Jurisdiction of South Sulawesi Regional Police Nadia Nurul Izmi Dawali; M. Syukri Akub; Nur Azisa
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.v4i3.20572

Abstract

The purpose of this research is to analyze the effectiveness of coordination and controlling of civil servant investigators by Indonesian police investigators in the police icate that the effectiveness of coordination and controlling of civil servant investigators by Police Investigators is still ineffective. In practice, there are difference boundaries of the jurisdictional authority of each institutions and there are different perception in each institutions towards on the criminal investigators process with Police investigators. Meanwhile, the efforts of police investigators to improve the implementation of coordination and controlling function to process criminal investigation by civil servant investigators in the police jurisdiction region south Sulawesi is providing guidance for developing civil servant investigators capability and supervision between the related institutions. The efforts of the police investigators towards civil servant investigators capability development have been effective as it proved held once in every year and the supervision between the related institutions will be held if the head of civil servant investigators institutions make some request. Civil Servant Investigators are expected to maximize the function of coordinating and controlling the investigation with police investigators in this case Korwas Investigators, so that the law enforcement process can run synergistic.
The Representation of Social Actors in Political Editorial Reports of an On-Line Indonesian National Newspapers Barzan Faizin
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.v4i3.20813

Abstract

This article is a critical discourse analysis of the representation of social actors in an on-line Indonesian National newspaper’s (Media Indonesia) editorial reports on the political issues on ‘intolerance’ recovery, the allocation of Regional Government Budget, and reclamation project post the Jakarta governor election 2017. In line with this historical event, this study attempts to examine how social actors—Anies, Ahok and society are  represented in the MI’s editorial reports. The main objectives of this research are: (1) to examine the exclusin and inclusion strategies in which the social actors are represented in the reports, and (2) to describe how the social actors are positioned (whether) in the positive self- and negative other presentation This study applied Van Leeuwen’s Social Actor Network and Wodak’s Discourse-Historical Approach. The study reveals that the present governor, Anies is mostly represented negatively in the political issues post the Jakarta governor election 2017. Conversely, the other social actor, Ahok is completely portrayed in a positive manner and society is depicted in a neutral mode. In the terms of power and ideology, it is obvious that Media Indonesia has a dominant power over its readers, and embraces secularism ideology in politics and capitalism ideology in economy.
The Effects of Marriage and Divorce on Women's Nationality in the Iranian Law Seyed Mohsen Hashemi Nasab Zavareh
Khazanah Hukum Vol. 5 No. 1 (2023): Khazanah Hukum Vol 5, No 1 April (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i1.22565

Abstract

As the first and foremost social institution, the family significantly impacts its immediate larger society. Also, the importance of family as a key figure in a healthy society and the necessity of strong relations between spouses make it imperative to devise the required legal devices. As women are prone to suffer and receive more damage in cases of family breakdown, the legislator should develop and establish more protective statutes concerning women's rights. This study uses legal research methods with a qualitative approach. To protect Iranian women's rights, the legislator distinguishes cases where an Iranian woman marries a foreign man and those where Iranian men marry foreign women. In the former case, the wife's change, or retention, of nationality is subject to the laws of the husband’s State. In contrast, in the latter case, the legislator enforces the unity of nationality principle. Marriage between Iranian women and foreign men causes women to experience many changes and limitations regarding their national and inheritance rights. Also, they may lose their Iranian nationality due to their marriage —in cases when the husband’s nationality, due to the law of the husband's State, is forced upon the wife. On the other hand, foreign women married to Iranian men, though forced to accept Iranian nationality, encounter fewer limitations resulting from marriage. Upon Divorce, they are neither forced to accept a nationality, unlike when marriage is celebrated, nor denied their Iranian nationality. They can choose whether to remain an Iranian national or recover their original nationality.
The Role and Impact of Forensic Investigations Unit in the Fight Against Fraud, Corruption, Irregularities, Financial Misconduct and Maladministration in the Public Sector of South Africa Tumiso D. Mokhomole
Khazanah Hukum Vol. 5 No. 1 (2023): Khazanah Hukum Vol 5, No 1 April (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i1.22605

Abstract

This article examines the role and impact of the Forensic Investigations Unit in the fight against fraud, corruption, irregularities, financial misconduct and maladministration in the public sector of South Africa. Section 85(b) of the Public Finance Management Act, 1 of 1999 (PFMA) requires the Minister of Finance to craft regulations stipulating matters relating to the investigations of allegations of financial misconduct. The study adopted a qualitative research approach. Eight (8) participants from the Forensic Investigations Units of various state departments/ institutions were interviewed using open-ended questions. The study followed a purposive sampling guide as a participant were purposively selected. The study found that the role of the Forensic Investigations Unit in the public sector is to investigate the allegations of common law offences such as fraud, corruption, maladministration and financial irregularities. This Unit's impact is to reduce fraud and corruption incidents within the public sector and promote ethical public service through its recommendations. This study recommends amendments to the Public Service Act 1994 (PSA) and Part Three of the Public Service Regulations 2016 (PSR). The amendment is to fulfil the role of the Forensic Investigations Unit as part of a multi-anti-corruption agency in government departments/agencies. It is hoped to resolve reported allegations of fraud, corruption, irregularities and maladministration in the South African public sector quickly and effectively.
Security Challenges and the Proliferation of Small & Light Arms in Nigeria: Implication for National Development Mohammed Ghani Dass; Muhammad Auwal Sulaiman
Khazanah Hukum Vol. 5 No. 1 (2023): Khazanah Hukum Vol 5, No 1 April (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i1.22710

Abstract

It is apt to note that the central impediment to sustainable peace and security is the constant and continued proliferation of small and light weapons (SALW). The escalation of these arms contributed/became a threat to peace and tranquillity in Nigeria and precipitated inter-ethnic conflicts leading to an insurgency on a light scale. The paper aims to examine the continued proliferation of small and light arms and the challenges to national security with particular reference to Nigeria and the sources. The study employed descriptive as its methodology anchored on the frustration framework within the secondary data source. The study unveils that arms proliferation is centred on the porosity of the Nigerian borders. This development contributes in no small measures precipitated security challenges. The paper concludes as part of its recommendations that governments should strengthen the security activities at the Nigerian border and train personnel on border-related issues. The paper concludes as a matter of urgency government should embark on the gainful employment of youths to subdue the activities of insurgents and terrorist attacks in the six (6) geopolitical zones of Nigeria.
Nature of Human Rights Violation on Female Garments Workers in Bangladesh MD. Basirulla; Farhat Tasnim
Khazanah Hukum Vol. 5 No. 1 (2023): Khazanah Hukum Vol 5, No 1 April (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i1.22713

Abstract

Bangladesh, a fast-growing developing country, has been experiencing rapid development in export-oriented industrialization. The total contribution of the garment industries to the national foreign exchange earnings is around 83%. About 80% of garment workers are women, and most have migrated from rural areas to industrial cities. Female workers have been an important factor in the growth of the garment industry in Bangladesh. Despite its contribution to the national economy and employment opportunities, the garment industry in Bangladesh is beset by many grievances. Such as sexual harassment, health problems, lack of toilet facilities, exploitation of low-paid and overworked workers and large-scale social insecurity. The present research analyzed such violations from different aspects with a qualitative approach, The main objective of this paper is to find out the types and nature of human rights violations that occur against female garment workers in Bangladesh. The present research combines both exploratory and descriptive methods. Sampled garment workers from two selected factories were surveyed and interviewed to understand the practical situation at the field level. The data findings have provided a complete picture of the nature of the human rights violations that occurred. The human rights of women workers have been found to be violated from all nine indicators. The patriarchal socio-economic setting and economic vulnerability of the women and their lack of awareness, as well as reluctance and quick profit motive of the factory owners, have contributed most to such unwanted situations.
Exploration of the Gaps in the Enactment and Implementation of the Domestic Violence Act of South Africa Sabelinah M. Tshoane; Paul O. Bello; Jacob T. Mofokeng; Adewale A. Olutola
Khazanah Hukum Vol. 5 No. 1 (2023): Khazanah Hukum Vol 5, No 1 April (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i1.23863

Abstract

Domestic violence (DV) by women against men is as rife as violence by men against women. This paper argues that viewing DV as a crime committed only by men against women and never by women against men is wrong. The study explored the existence of domestic abuse against men and the gender neutrality of the Domestic Violence Act of South Africa using a mixed-methods research strategy. The Gauteng, Limpopo, and KwaZulu-Natal provinces in South Africa were used for data collection. A sample size of roughly 200 represents quantitative aspects. Open invitations were also extended to 30 people to participate in semi-structured one-on-one interviews for the qualitative research component, while questionnaires were sent to approximately 170 respondents. Participants and respondents included South African Police Service members who deal with gender-based violence (GBV); the Department of Social Development; the Commission for Gender Equality; non-governmental organisations (NGOs) in three selected provinces that deal with DV against men, namely Aka Sosha, Moshate, Matrix, and Real Men; male survivors of DV; religious leaders; members of the Department of Social Development; houses of traditional leaders; members of Families South Africa (Famsa); social workers; a psychologist; and members of Sonke (a GBV support group). The results revealed that South African men often experience domestic abuse. Secondly, the police do not treat male abuse victims in the same manner as female victims. Thirdly, there are no support services for male victims in South Africa. The study recommends the fair implementation of the law and legal support. Although the Domestic Violence Act of 1998 (as amended) is gender-neutral, its implementation is not. There is a need for healthcare professionals, mental healthcare workers (including psychologists and certified counsellors as community workers), police officials, legal personnel (including court administrators), and religious leaders to receive training on men's issues. This training will aid in providing care, protection, and counselling to male victims of DV.
Review of Islamic Law Against Reconciling Boupah After Triple Divorce shera yunita
Khazanah Hukum Vol. 5 No. 1 (2023): Khazanah Hukum Vol 5, No 1 April (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i1.24695

Abstract

This research departs from two sub-districts, namely Sungai Beremas and Koto Balingka, sub-districts related to the reconciliation of a husband and his wife who has been divorced three times. In Islam, Allah regulates everything, including the rules of the permissibility of reconciliation. In triple talaq or Bain Kubra, a man is forbidden to reconcile with his wife unless the wife has remarried someone else and has mixed, then has been divorced, and her iddah period has expired, and then the first husband may marry her return. However, this rule does not apply to some people in Sungai Beremas and Koto Balingka sub-districts. The research method used in this study is a normative approach. The results of the study revealed that referring to boupah after being divorced three times refers to a husband who has divorced his wife three times, by which the husband must pay another man to marry his wife first with certain fees and agreements. The agreement between the two is that the husband and the man who marries his wife promise not to interfere with it and only marry and then divorce her. As for the review of Islamic law regarding the boupah reconciliation event, it is forbidden and considered an act prohibited by religion because it is playing with God's law.
THE RATIO OF MAUQUF HADITH AND COMPANIONS' IJTIHAD IN ISLAMIC LAW ISTINBATH Wahyudin Darmalaksana
Khazanah Hukum Vol. 3 No. 3 (2021): Khazanah Hukum Vol 3, No 3 November (2021)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v4i3.24893

Abstract

This study aims to discuss the ratio of mauquf hadith and ijtihad of friends in the case of mut’ah marriage being forbidden. This research uses a qualitative approach with descriptive methods. The results of the research and discussion show that the ijtihad of Umar ibn al-Khathab's friend regarding mut’ah marriage is a mauquf haqiqi hadith as the ratio of ijtihad mutlaq mustaqil and is a famous mauquf hadith as the ratio of ijtihad jamai', and the ijtihad of Umar's friend is the atsar of the Prophet SAW. the mauquf lafdzi category which is marfu hukmi because it has the support of the Prophet's provisions. This study succeeded in concluding that there is a ratio between the mauquf hadith and the ijtihad of a friend in the case of Umar ibn al-Khatthab's ijtihad in the Shari'a prohibiting mut’ah marriage which is accepted as an argument for Islamic practice.
Policy and Legal Analysis on Electronic Information and Transaction Laws Muhammad Andi Septiadi
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.v4i2.25051

Abstract

After the passage of the Information and Electronic Transaction law in Indonesia, there is a policy in the form of certain restrictions on conveying rights and aspirations through social media, of course highlighting the problem of hate speech. The purpose of this research is to add insight and application of the ITE Law in solving various problems ranging from hate speech to hate speech on social media. The method used in conducting research is the research method of Inductive qualitative data analysis techniques. This technique is used because it is considered to be able to support and assist us in facilitating the search for data and facts because this method is based on the data obtained and the ITE Law also requires many respondents so that the results of the research do not favor one party. The results of this study can be a reference whether the ITE Law is in line with the 1945 Constitution as a source of law in force in Indonesia. However, in practice there are still multiple interpretations of articles such as 27, 28 and 29 of the ITE Law. This article seems to be a scary thing for critics who are active on social media, or it can be misused as a tool to silence the truth and a political weapon, because there are still some powerful individuals who use this for personal gain. Our suggestion is that the government can review and revise the articles which still have multiple interpretations so that the possibility of having a negative connotation, and the community's stigma towards UU ITE itself can change.

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