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Journal : Jurnal Hukum Khaira Ummah

LAW ENFORCEMENT AGAINST TELECOMMUNICATION CRIMES IN THE JURISDICTION OF THE CENTRAL JAVA REGIONAL POLICE Hendratno, Kurniawan; Ma'ruf, Umar
Jurnal Hukum Khaira Ummah Vol 18, No 4 (2023): December 2023
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v18i4.1858

Abstract

The jurisdiction of the Central Java Regional Police (Central Java Regional Police) can not be separated from the investigation of telecommunication crime, reports often appear in the area of Central Java Province. One of them is based on Police Report. Pol .: LP / A / 176 / V / 2014 / Jateng / Reskrimsus, dated May 8, 2014, alleged criminal act of selling / trading telecommunication equipments and equipments that do not comply with the required standards & rules of law and / or sell / Trade in telecommunication tools and equipment not equipped with certificate number or not in accordance with the certificate number, as referred to in Article 52 Act no. 36 of 1999 on Telecommunications and / or Article 62 paragraph (1) of Law no. 8 Year 1999 About Consumer Protection. That is why law enforcement based on applicable law needs to be applied so that in its implementation there is no disadvantaged party especially the consumer as the buyer. The legal sanction is contained in Article 62 paragraph (1) of Law Number 8 Year 1999 concerning Consumer Protection, namely a maximum imprisonment of 5 (five) years or a fine of not more than Rp 2,000,000,000.00 (two billion Rupiah). Society as a consumer must be empowered and understand things related to consumer protection. Therefore, the issue of consumer protection needs to be socially disaggregated so that if its rights have been violated it can be responsive and active in reporting offenses of crime as well as other consumer violations.Keywords: Telecommunication Criminal, Law, Telecommunication, Protection.
Investigation of Criminal Acts of Theft Based on Restorative Justice Dwisantosa, Andi; Ma'ruf, Umar
Jurnal Hukum Khaira Ummah Vol 20, No 1 (2025): March 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i1.43980

Abstract

This study aims to determine and analyze the investigation of the crime of theft based on restorative justice in case Number LP/B/02/IV/2023/SPKT/Ajibarang Police/Banyumas Police/Central Java Police, the reasons for the investigation based on restorative justice, as well as the obstacles and solutions. This study uses a sociological legal approach method with the research specification being descriptive analytical. The data used are primary data and secondary data, while the data collection methods include literature studies and documentary studies. The data analysis method uses qualitative analysis. The theories used are restorative justice theory, law enforcement theory and progressive legal theory. Investigation of the crime of theft based on restorative justice in case Number LP/B/02/IV/2023/SPKT/Ajibarang Police/Banyumas Police/Central Java Police has been carried out in accordance with the Criminal Procedure Code and Police Regulation Number 8 of 2021. The reason for the investigation of the crime of theft based on restorative justice is because restorative justice can provide a more humane, fair, and solution-oriented alternative compared to the retributive approach. Obstacles in the investigation of the crime of theft based on restorative justice are the limitations of the law, the victim does not want restorative justice, there is no peace agreement, passive law enforcement officers, and lack of support from some of the community.
Legal Analysis of Responsibility for the Criminal Act of Aggravated Theft Syahrul Ramadhan, La Ode Muhammad; Ma'ruf, Umar
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46033

Abstract

This thesis examines the application of criminal law to perpetrators of aggravated theft, with a specific focus on the juridical analysis of Decision Number 644/Pid.B/2024/PN Mtr. The research is motivated by the importance of fair and proportional law enforcement in cases of aggravated theft, particularly in determining criminal sanctions that align with the degree of culpability and the defendant's personal circumstances. The objective of this study is to analyze how the law is applied in sentencing the defendant and to assess the legal reasoning employed by the judge in delivering the verdict. This research adopts a normative juridical approach, emphasizing library research and analysis of relevant statutory provisions, legal doctrines, and judicial decisions. Primary data consists of the court ruling, while secondary data is obtained from legal literature related to substantive criminal law and criminal procedure. The findings of the study indicate that the legal application in this aggravated theft case refers to Article 363 of the Indonesian Criminal Code (KUHP). However, there is a discourse surrounding the proportionality of the sentence imposed. The judge considered several factors, including the socio-economic condition of the defendant, the defendant's confession and remorse, and the impact of the act on the victim. These considerations reflect the application of the principle of individualized sentencing, in which punishment is not solely retributive but also incorporates rehabilitative elements.
Legal Analysis of the Authority of the Demak Regency General Election Supervisory Body in Supervising and Handling Criminal Offenses in the 2024 General Election Marstyasih, Kusfitria; Ma'ruf, Umar
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46029

Abstract

Bawaslu has the authority to handle election violations which previously only had the nature of supervision and study. Bawaslu has the authority to examine, review and decide on cases related to election violations committed by election participants and organizers. The purpose of this research is to find out and analyze the authority of the General Election Supervisory Body in supervising and handling General Election Crimes in Demak Regency as well as to find out and analyze the obstacles and solutions for the General Election Supervisory Body in supervising and handling General Election Crimes in 2024 in Demak Regency. the obstacles and solutions for the General Election Supervisory Body in supervising and handling General Election Crimes in 2024. This legal research uses empirical legal research methods. Empirical juridical research, namely legal research using legal principles and principles in reviewing, viewing and analyzing problems in research, in addition to reviewing the implementation of law in practice. The theories used in this research are the theory of authority and the theory of legal effectiveness. Based on the research results, it can be concluded: 1) The authority of the General Election Supervisory Agency in supervising and handling General Election Crimes in Demak Regency, in this case, Bawaslu's authority in supervising and handling election crimes is a form of attribution of authority granted directly by Law Number 7 of 2017, which confirms the legality and legitimacy of Bawaslu's actions as part of the legal and constitutional function of election supervision. Bawaslu has a crucial role in ensuring that the 2024 Election in Demak Regency runs honestly and fairly through monitoring, preventing and taking action against various election violations, including the involvement of ASN and election crimes through the Integrated Law Enforcement Center (Gakkumdu). 2) Obstacles and solutions for the General Election Supervisory Agency in carrying out supervision and handling criminal acts in the 2024 General Election, various challenges such as limited human resources and budget, difficulty detecting the practice of money politics and black campaigns, as well as a lack of public understanding regarding the task of election supervision. To overcome these obstacles, Bawaslu needs to strengthen the capacity of supervisors through training and recruitment, utilize technology in monitoring, and improve coordination with civil society, media and law enforcement agencies to create cleaner, more transparent and more democratic elections.