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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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Understanding the Dynamics of Gender-Based Violence in Ivory Park Policing Area, Gauteng Province, South Africa: A Comprehensive Analysis Sekgobela Hellen; Olutola Adewale; Mmakwena Modipa
Khazanah Hukum Vol. 5 No. 3 (2023): Khazanah Hukum Vol 5, No 3 December (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i3.25548

Abstract

Gender-based violence (GBV) remains a pressing global concern, particularly pervasive in South Africa, where women and children often fall victim to its devastating impact. This article conducts a qualitative analysis of GBV in the Ivory Park Policing Area, utilizing a non-empirical research design through a systematic review of secondary data. The study identifies critical challenges within the criminal justice system's response to GBV and proposes key preventive measures. Recommendations include the imperative training of law enforcement officials in handling GBV cases, allocating resources to expedite case processing, and fostering stronger collaborations between the South African Police Service and various stakeholders. This research aims to contribute actionable insights for policymakers, law enforcement agencies, and community leaders to effectively combat and prevent GBV in the Ivory Park Policing Area.
Comparative Analysis of Forced Defence (Noodweer) in Dealing with the Crime of Persecution: A Study of Indonesian Criminal Law and Islamic Sitti Ma'rifah Nisrina; Haerana Haerana; Nur Azisa
Khazanah Hukum Vol. 5 No. 2 (2023): Khazanah Hukum Vol 5, No 2 August (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i2.25825

Abstract

This research delves into the legal framework of forced Defence in addressing the crime of persecution, examining its application in Indonesian criminal law and its comparison with Islamic law. The study employs a normative legal approach, utilizing statutory analysis and case study methods to provide insights into the nuanced distinctions between the two legal systems. The investigation reveals that forced defence arrangements are rooted in juridical considerations, which evaluate the circumstances of victims and perpetrators according to the principles and conditions delineated in the Criminal Code. Intent, legal psychology, and human instincts for self-preservation are integral to the evaluation process. Positive and Islamic laws allow forced Defence when actions align with expert opinions and scholarly interpretations. However, Islamic criminal law limits Defence , prohibiting actions that lead to death or adultery. This study contributes to understanding the legal rationale underpinning forced Defence  in the context of persecution. It underscores the similarities and disparities between Indonesian criminal law and Islamic law.
Enhancing Competence and Legal Safeguards for Foreign Medical Professionals under the ASEAN Mutual Recognition Arrangement (MRA): A Case Study of Indonesia Roswita Sitompul; Tommy Leonard; Kartina Pakpahan; Thela Valentine; Merry Roseline Pasaribu
Khazanah Hukum Vol. 5 No. 2 (2023): Khazanah Hukum Vol 5, No 2 August (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i2.28721

Abstract

This study aims to analyze the regulation of the medical profession in Indonesia in implementing the Mutual Recognition Arrangement (MRA), as well as the legal response to violations by foreign doctors and the government's efforts to increase the competitiveness of ASEAN foreign doctors in MRA professional standards. The normative-empirical method is used by collecting data through field studies, literature studies, and qualitative analysis. The results of the study show that a number of regulations including the Medical Practice Act, the Health Law, and the Presidential Decree regarding foreign workers governs the regulation of the medical profession in Indonesia related to MRA. The government is also trying to increase the competitiveness of foreign doctors by providing quality health infrastructure and creating a conducive investment climate. Legal responsibility for foreign doctors' violations of the medical profession includes civil, criminal and administrative aspects. This research provides insight into legal protection for the medical profession in the implementation of MRA and emphasizes the importance of government steps in increasing the competence of foreign doctors to maintain professional standards in the ASEAN context.
Synergizing Social Contract and Stakeholder Theories: An Analysis of Internal Security Preservation in Namibia's Context Kennedy K. Mabuku; Adewale A. Olutola
Khazanah Hukum Vol. 5 No. 2 (2023): Khazanah Hukum Vol 5, No 2 August (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i2.28722

Abstract

This study underscores the profound significance of internal security in shaping human existence and offers a timely examination of its contemporary relevance. Faced with escalating threats to societal well-being, the research focuses on the Namibian context to assess the capability of the Namibian Police Force in safeguarding internal security. Through the lens of Social Contract Theory, exemplified by Thomas Hobbes, the study argues that citizens possess a rightful expectation of effective policing, given the relinquishment of certain individual rights to the government. Simultaneously, the research draws on Stakeholder Theory, influenced by Freeman, to advocate for a collaborative approach to security preservation, asserting that while the police play a central role, responsibility should be shared among various stakeholders. This perspective stems from the acknowledgment that the multifaceted nature of contemporary insecurities necessitates a collective effort beyond the capabilities of the police alone. Consequently, the study proposes a constitutional amendment to integrate diverse stakeholders into the realm of internal security, emphasizing a balanced and inclusive strategy to effectively address the intricate landscape of security challenges.
Navigating Legal Implications: The Impact of Enhanced Smartphone Integration on Security in Organizational Networks Kenneth Ohei
Khazanah Hukum Vol. 5 No. 2 (2023): Khazanah Hukum Vol 5, No 2 August (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i2.28723

Abstract

The escalating integration of smartphones within organizational frameworks has been driven by their augmented functionality, especially pertinent during the global pandemic. However, this surge in device utilization has concurrently amplified concerns surrounding security, as sensitive data becomes increasingly susceptible. In this context, the study conducted a survey to assess the security implications of smartphone integration while considering the legal aspects. The findings unequivocally substantiate the notion that smartphones pose substantial security risks, particularly when users stray from established protocols, potentially leading to legal consequences. Drawing from prior research emphasizing mobile devices' vulnerability, we advocate for a preemptive legal stance, suggesting the installation of anti-malware software on smartphones as a legally sound countermeasure. By doing so, organizations can thwart potential hacking endeavors, thereby not only fortifying network security but also mitigating legal liabilities and shielding sensitive information in compliance with relevant regulations. The implications of this study extend to organizational management and legal teams, enabling them to enact effective policies that reinforce network security and adhere to evolving legal challenges. This research underscores the significance of striking a balance between technological integration and safeguarding confidentiality within the boundaries of the law, offering essential insights for organizational resilience in an increasingly digitized landscape while avoiding legal pitfalls.
Exploring Child Rights and the Concept of Childhood in Islam: A Contemporary Descriptive Analysis Mohammed Houmine; Khadija Loudghiri
Khazanah Hukum Vol. 5 No. 2 (2023): Khazanah Hukum Vol 5, No 2 August (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i2.28734

Abstract

This study delves into the realm of children's rights and the concept of childhood, comparing Occidental research spanning the last century and the first two decades of this century with the role of Islam and Islamic civilization in safeguarding these rights. Through an examination of Sharia sources, relevant books, and articles, a descriptive analysis method is employed to uncover the presence of child rights notions and childhood concepts in Islamic references. The findings showcase Islam's robust emphasis on children's rights across various dimensions and the recurrent presence of childhood in diverse sources. Moreover, the study reveals a misrepresentation by certain Western authors regarding the historical trajectory of child rights and childhood within the Islamic framework. In essence, this research underscores Islam's significant contributions to nurturing child rights and advancing the notion of childhood, shedding light on an often underexplored aspect of Islamic civilization.
Women’s Right of Inheritance in Islam: Between the Sharia Provision and Demand of Socio-cultural Changes Mohd Anuar Ramli; Muhammad Ikhlas Rosele; Adang Darmawan Achmad; Hudzaifah Achmad Qotadah
Khazanah Hukum Vol. 5 No. 2 (2023): Khazanah Hukum Vol 5, No 2 August (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i2.29181

Abstract

Women’s inheritance is a never-ending issue. This issue has been frequently debated amongst academician, especially involving distribution of women’s inheritance, which is half of what men received. This polemic arises due to the changes in social system of Muslim society, which is now different than the early time of wahy (revelation) conveyance. This is due to the distribution ratio of 2:1 is already seen unreasonable, though still to be seen in the context of Islamic law and the fundamentals in determining this law. Hence, this article will focus on the polemic of women inheritance from the perspective of Islamic law to determine whether the men to women ratio of 2:1 is rigid, or whether there are other areas that place women before men. This article also discusses how far this right can change and the alternative solution to the issue in the context of current Islamic society. A descriptive qualitative approach was adopted with the primary data obtained through several relevant sources. Data analysis was carried out using a legal approach, a sociological approach, and a philosophical approach. This study concluded that with better education, more women have career and they also contribute to the family economy. This scenario has changed the marriage landscape. In other words, women no longer involve in a narrow domestic space; they are even capable to be alongside men in the public sphere. In accordance with this phenomenon, demand exists for equal inheritance right between man (son) and woman (daughter). Nevertheless, not all Islamic law can be changed due to the changes in the society sociocultural.
Between Exclusivity and Inclusivity of Institutions: Examining the Role of the Indonesian Ulema Council and Its Political Fatwa in Handling the Spread of Covid-19 Muhammad Lutfi Hakim; Zaenuddin Hudi Prasojo; Muhammed Sahrin bin Haji Masri; Muhammad Fauzinudin Faiz; Fuad Mustafid; Busro Busro
Khazanah Hukum Vol. 5 No. 3 (2023): Khazanah Hukum Vol 5, No 3 December (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i3.30089

Abstract

The Indonesian Ulema Council (Majelis Ulama Indonesia, MUI) was stigmatised as an institution accommodating conservative Islamic groups’ interests post-New Order. However, the religious fatwas produced by the MUI during the Covid-19 pandemic in 2020 had prioritised independence so that it returned to its original role, namely as a translator of government policies. For this reason, this article aims to examine the MUI fatwas and its relationship to state policies in tackling the spread of Covid-19. It is a qualitative research study with a historical approach, examining the content of seven fatwas issued by the Fatwa Commission (Komisi Fatwa) between March and July 2020 as the primary data sources. This study found that MUI’s legal arguments and methods are more inclusive, flexible, and progressive towards socio-religious problems. These fatwas have become a reference for the government in taking policies to suppress the spread of Covid-19. It is reinforced by the fact that several fatwas issued by MUI were used as guidelines by the government in formulating policies to curb the spread of Covid-19. Therefore, the authors argue that the MUI’s fatwa politics not only serve the interests of the Muslim community but also align with the state’s interests in tackling the spread of Covid-19. Thus, the debate regarding the stigmatisation of the role of MUI can be dismissed through these findings, providing new insights into the dynamic interplay between religious and legal frameworks.
Decentralization of Public Authorities in Ukraine: Administrative-legal, Environmental, Social and Customs Aspects Oleksandr Hladii; Oleksandr Bondarchuk; Yevgeny Zhadan; Ihor Kucher; Vadym Samus
Khazanah Hukum Vol. 5 No. 3 (2023): Khazanah Hukum Vol 5, No 3 December (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i3.30377

Abstract

The purpose of the research is to reveal the administrative-legal, environmental, social and customs principles of decentralization of public authority in Ukraine. Main content. The article reveals the main definitions of decentralization of power, analyzes advantages and disadvantages of the decentralization process in the public administration system. The article also presents the basic typology of decentralization of power in foreign countries and characterizes these types, as well as an attempt to summarize the reasons for performing decentralization in Ukraine.  Methodology:  The use of systemic, functional, and structural methods in this study made it possible to define concepts, types, as well as to establish the reasons for introduction of the decentralization reform in Ukraine. Conclusions. Various approaches to performing the reform in European countries and its results have been considered, which is due to the need to implement decentralization in Ukraine. The result of the work consists in determination of the main definitions of the decentralization of power, analysis of advantages and disadvantages of the decentralization process, definition of the main types of decentralization, as well as generalization of the main reasons for introduction of decentralization in Ukraine.
Fortifying Democracy: Deploying Electoral Justice for Robust Personal Data Protection in the Indonesian Election Uu Nurul Huda; Dian Rachmat Gumelar; Alwi Al Hadad
Khazanah Hukum Vol. 6 No. 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i1.30734

Abstract

Elections stand as a cornerstone of democracy, yet the burgeoning integration of technology and personal data underscores the pressing need for safeguarding individual privacy within the electoral process. This study endeavors to scrutinize the efficacy of the Electoral Justice System in fortifying the protection of personal data throughout the registration, verification, and adjudication phases of political party participation in the forthcoming 2024 elections. Through an empirical juridical methodology, this research delves into the practical application of the Electoral Justice System across diverse national contexts, elucidating its role in mitigating the perils of data misuse and upholding electoral integrity. The findings underscore the imperative of imbuing the Electoral Justice System with structural robustness, substantive fidelity, and a conducive legal culture to ensure the seamless functioning of electoral processes. Additionally, stringent regulations, robust data verification protocols, independent oversight mechanisms, and punitive measures emerge as indispensable facets of effective Electoral Justice System implementation, essential for curtailing infringements of the exploitation of personal data and fostering accountable electoral practices.

Page 7 of 13 | Total Record : 127

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