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All Journal Jurnal Hukum Khaira Ummah Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" Law Development Journal Sultan Agung Notary Law Review
Akhmad Khisni
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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KEDUDUKAN HARTA BERSAMA DALAM PERKAWINAN MENURUT FIQIH DAN HUKUM POSITIF INDONESIA SERTA PRAKTEK PUTUSAN PENGADILAN AGAMA Arifah S. Maspeke; Akhmad Khisni
Jurnal Hukum Khaira Ummah Vol 12, No 2 (2017): June 2017
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v12i2.1849

Abstract

Property in marriage is one important factor, because it can be said as a mover of a married life. The property consists of inherited property, acquisition and joint property.In the fiqih is not known the term joint treasure, but the study of Indonesian scholars on joint property has given birth to the opinion that the joint property can be analogous to shirkah. The provisions on joint property in Indonesian positive law are regulated in Law Number 1 Year 1974 concerning Marriage and Compilation of Islamic Law. In Articles 96 and 97 of KHI, joint property is divided by two, each husband shall receive half of the common property as long as it is not specified otherwise in the marriage agreement. The Decision of the Religious Courts does not always adhere to the provisions of Article 97 of the Compilation of Islamic Law, but it can be casuistically different based on the principle of justice and usefulness.Keywords: Marriage, Joint Property, Religious Court Judgment
KEDUDUKAN DAN KONTRIBUSI HUKUM ISLAM TERHADAP HUKUM NASIONAL DALAM BIDANG MU’AMALAT Ruwainta Samniah; Akhmad Khisni
Jurnal Hukum Khaira Ummah Vol 13, No 3 (2018): September 2018
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i3.1898

Abstract

The position of Islamic law is something that is taken into account in Indonesia because of its contribution to the development of national law. One of the doors to the contribution of Islamic law in national law is through Jurisprudence which is another instrument in the formation of the law, which in the legislation of the Supreme Court, requires the judge to find the right law in determining the decision. In this case the judge may use the Islamic legal norms which are deemed to be able to find a sense of justice for the justice seeker. About one of the objects of Islamic law in the field of muamalah which contains the norms of Islamic law in positive law. With this the title of Position and Contribution of Islamic law to the national law in the field of Mu'amalat, which will be discussed in this journal.The purpose of this paper so that more attention again for the future to think about the more contribution leads to the role of Islamic law in influencing the contents of national law. The method used in this study is Juridical Normative with data collection methods used is study of the study of a series of studies by reviewing the theories, opinions, and the main ideas in print media.Keywords: Position, Contribution, Islamic Law, National Law, Mu'amalat.
Criminal Responsibility For Criminal Followers Producing And Selling "Drinks" White Alcohol / White Liquor In The Legal Area Of Kudus Police Hendro Santiko; Akhmad Khisni
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i1.8388

Abstract

This research wants to answer the problem. How is law enforcement against criminal offenders producing and selling "White Alcohol/ White Liquor" in the Kudus police area? and criminal liability against criminal offenders producing and selling "White Alcohol/ White Liquor" in the area of the Kudus Police District and in the future?Based on the results of the study concluded that 2 (two) methods of law enforcement on the circulation of alcohol by the Kudus Police District, namely preventive and repressive.Criminal accountability against criminal offenders producing and selling "White Alcohol/ White Liquor" in the area of the Kudus Police in eradicating opaque liquor in the Kudus Police Region, Obstacles faced by the Kudus Police Sabhara Unit are relating to the limited number of members of the Kudus Police Sabhara unit that generally still unsatisfactory, not yet maximized and the evenly distributed socialization steps of the Regional Government Regulation carried out at the community level, so far it is not uncommon for insufficient understanding of procedures or systems at the time of preparation up to the enactment of Perda Sabhara Unit of the Kudus Police Unit in eradicating liquor oplosan in the Kudus Police District Region,criminal liability against criminal offenders producing and selling "White Alcohol/ White Liquor" that will come in the renewal of Indonesian criminal is done by providing guidance, advising or guiding so as not to repeat the mistakes that have been made namely violating local regulations.Keywords: Criminal Liability; Criminals; Producing and Selling White Alcohol/ White Liquor.
The Concept of Criminal Law for Personnel of Narcotics Abuse Dhian Artwitadibrata; Akhmad Khisni
Jurnal Daulat Hukum Vol 3, No 4 (2020): December 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i4.13603

Abstract

The purpose of this paper is to review and analyze the juridical review by the prosecutor in criminal procedural law. In this paper the writer uses the normative juridical method. In the conclusion of the discussion that in handling narcotics cases, especially offenders who are more emphasized as victims or addicts, judges in Indonesia can be said to rarely make legal breakthroughs that emphasize social values and humanity that live in society. Judges in Indonesia only see the criminal side in the Act regardless of the negative effects of the decision, the result is that imprisonment is only seen as providing a deterrent effect to the perpetrator of a criminal act. According to the Narcotics Law, victims of narcotics users are sentenced to imprisonment because drug users are classified as criminal offenders. This contradicts the legal theory of victimology. Several countries have proven that decriminalization policies have an effect on reducing narcotics abuse. The optimum model of punishment for victims of narcotics users is a process outside the legal process, in which all victims of narcotics users report themselves to be rehabilitated. Meanwhile, for those who did not report themselves, the police and / or BNN made arrests and were immediately escorted and handed over to the rehabilitation.
Judge Consideration of Religious Court Of Blora on Application of Married Dispensation Siti Muzazanah Muzazanah; Akhmad Khisni; Rozihan Rozihan
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i4.8356

Abstract

This study aims to know the factors increasing request for married dispensation, the judge in the consideration granted married dispensation and know the weaknesses of Marriage Act in court and in the implementation of solutions to reduce married dispensation, The method used normative juridical, namely legal research based on secondary data. This research approach using the approach of the case (case approach and qualitative approach. Regarding the data, the authors obtained data from interviews and literature study.These results indicate (1) Factors increasing request for married dispensation in the Religious Court of Blora is (a) Fearing the emergence of slander, (b) pregnant outside of marriage (2) Judge Consideration of Religion Court of Blora in granted married dispensation, based on consideration of three things namely (a) Administrative completeness, (b) there is no prohibition of marriage as contained in Article 8 of Act No. 1 of 1974 On Marriage, (c) the principle benefit (3) weakness of marriage Act in the execution of court and solutions for reduce married dispensation in the Religious Court of Blora. Lack of socialization to the relevant institutions make weak law marriage in the implementation of the court.Keywords: Judge Consideration; Religious Court; Married Dispensation.
The Limit Of Age Of Marriage Is Related To The Certification Of Marriage (Study Of Early Marriage Reality In Jepara Regency) Samsul Arifin; Akhmad Khisni; Munsharif Abdul Chalim
Jurnal Daulat Hukum Vol 3, No 2 (2020): June 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i2.10084

Abstract

The purpose of this study is to find out the background of the Marriage Worth certificate policy, the reality of early marriage and its impact in Jepara Regency and the Marriage Worth Certificate as an effort to reduce early marriage. The approach in this research is sociology juridical. Data collection methods in this study consisted of primary data obtained directly from the parties concerned. Secondary data consists of Primary legal materials and secondary legal materials namely materials that provide primary legal explanations. As an explanation, tertiary legal materials are given.From this study it can be concluded that the background to the emergence of a Marriage Certificate policy is that divorce rates are increasing, women's reproductive health is problematic, the number of stunting children is caused by teenage mothers and increased domestic violence. Reality the number of early marriages in Jepara Regency increased significantly in 2019 3.16% for men and 3.45% for women. From 9041 marital events dominated by the North Jepara region. The reason is also the local cultural factors that are influenced by the social system and the tradition of young marriage which is inherited in the family. While the impact of making children drop out of school, loss of reproductive rights of children due to having to get pregnant and give birth at a young age, the number of LBW that can lead to the stunting of the Marriage Right Certificate Policy as an effort to prevent early marriage, is very welcomed by various parties and religious leaders as marriage requirements for Catholicism and Hindu. In order to increase family fortune and become a sakinah, mawaddah and rahmah (mercy family).Keywords: Marriage Age Limit; Marriage Certificate; Early Marriage.
Analysis Of Criminal Liability As Doer Of Preening Criminal (Case Study In The Blora State Court) Haris Wahyu Sunarno; Akhmad Khisni
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i1.8779

Abstract

Criminal beatings lately occur a lot because of actions from one person to another outside the normal limits. Crimes that often occur are beatings regulated in the criminal law book, namely Article 170 of the Criminal Code. The formulation of the problem in this study is how is the form of criminal responsibility towards the perpetrators of the beating crime committed by more than one perpetrator, and what are the obstacles in the criminal justice process against the perpetrators of the beatings and their solutions. The method used in the form of sociological juridical research specifications descriptive analysis. Data consists of primary data and secondary data taken by the method of document collection, interviews, and literature study. Based on the research it was concluded (1) The form of a system of criminal justice process in the flow of the trial in the decision Number 94 / Pid.B / 2019 / PN Bla as a form of criminal responsibility towards the perpetrators of beating crimes that are processed in the criminal justice process, (2) Obstacles deep inhibition in the criminal justice process against the perpetrators of the beating crime including the investigation process in presenting witnesses, the prosecution process that takes time, and article 170 of the Criminal Code which still has ambiguous in theoretical.Keywords: Criminal Liability, Beating Criminal Acts
Reconstruction of Life Imprisonment in Prison System in Indonesia Boma Wira Gumilar; Gunarto Gunarto; Akhmad Khisni
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i4.8348

Abstract

The most important part in a Book of Criminal Law (Penal Code) is a prison, because the prison contains rules about the size and implementation of the criminal. The position of life imprisonment in the national criminal justice system is still considered relevant as a means of crime prevention, it can be seen from the number of offenses punishable with life imprisonment. However, life imprisonment is considered contrary to the penal system. This study aims to investigate the implementation of life imprisonment, weaknesses, and the solution in the future. The approach used in the study is a non-doctrinal legal research with socio-legal research types (Juridical Sociological).The results of research studies show that life imprisonment is contrary to prison system, and life imprisonment become an obstacle to fostering convicts back into society. Bill Criminal Code of September 2019 can be used as a solution to life imprisonment change in the future. Presented advice, in order to be disseminated to the application of the criminal purpose of the Criminal Code of Prison adopted in the future, so that the public and experts no longer make the criminal as a form of retaliation.Keywords: Reconstruction; Crime; Prison; Life Imprisonment; System; Corrections.
Civil Rights Of Children Outside Married Due Isbat Nikah Of Polygamy (Analysis of Islamic Court of Rembang Decision No. 99 / Pdt.G / 2018 / PA.Rbg.) Rofi'atun Rofi'atun; Akhmad Khisni; Rozihan Rozihan
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i4.8377

Abstract

This study discusses the civil rights of children outside the mating due to confirmation of marriage polygamy, Problems taken author in this thesis is how the legal protection of children outside marriage related his civil rights especially on custody of marriage and inheritance rights to men as fathers biological, because the Indonesian Constitution the Act of 1945 and other regulations related to children's rights requires such a case, article 28 B (2) the result of amendments to the Act of 1945 states "Every child has the right to live, grow and develop and is entitled to protection from violence and discrimination, as well as the norms of Islamic law every child born in the holy predicate attached to him (Fitrah), so that the civil rights of Islam also guaranteed, regardless of whether the child was born out of and / or as a result of a legal marriage or a result of Sirri Marriage.The research method used by writer is a normative juridical approach where the study was conducted based on legal materials main by way of studying the theories, concepts, principles of law, rule of law, court decisions and legislation relating to this study.The results showed that based on the decision number: 99 / Pdt.G / 2018 / PA.Rbg, in the case of confirmation polygamous marriage, civil rights children outside marriage (polygamy) or Sirri equal to the rights of children born and / or result polygamous marriage is official, so that the legal rights of children outside marriage in the decision on child custody and inheritance rights equal to other biological children were born of the first marriage. thus based on the decision of the civil rights of children protected by law, to get justice, and the certainty of the status and civil rights.Keywords: Civil Rights of Children Outside Marriage; Sirri Polygamy; Rights of Guardianship And Inheritance.
Legal Protection Of Health Worker In The Medical Malpractice Lawsuit In Banjarmasin Yulia Audina Sukmawan; Akhmad Khisni
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i2.5548

Abstract

Doctor and patient relationship is based on trust, it could turn into a medical malpractice lawsuit. Medical malpractice lawsuit due to the weakness in building communication cause harm to patients and health workers. Health workers are required to further improve the professionalism, quality, transparency, which leads to more excellent service in accordance with established standards. The problems are: What is the process for resolving cases of medical malpractice in Banjarmasin city, and how the legal protection of medical personnel in the event of criminal acts of medical malpractice in Banjarmasin. The purpose describes the process of settlement of medical malpractice and legal protection of medical personnel in the city of Banjarmasin. Benefits of reference enrich malpractice settlement process and provide knowledge of the legal protection of medical personnel in the city of Banjarmasin. The method used legal approach juridical empirical research specifications descriptive analytical data sources and data types using the type of primary data, secondary data and tertiary data collection methods used by interview, literature, study of documents, data analysis methods are qualitatively presented descriptively. The problem was analyzed using the theory of legal protection and legal liability. So health workers who have been carrying out duties in accordance with professional standards and SPO are entitled to legal protection.Keywords: Legal Protection; Health Workers; Medical Malpractice.
Co-Authors Abd. Rasyid Syamsuri Abdullah Amirudin Achmad Sulchan achmad sulchan Agil Aladdin Agra Sulchantifa Ulul Amri Amin Purnawan Arif Rachman Wahyu Wicaksono Arifah S. Maspeke Aryani Witasari Bagus Malik Hakim Bahrul Alam Bambang Suprayogi Bayun Kismantoro Boma Wira Gumilar Carolina Da Cruz Christian Bagoes Prasetyo Damayanti, Elok Denni Saputra Dhian Artwitadibrata Diyono Diyono Eko Nurhanafi Fadli Fadli Gunarto Gunarto Hardianti Hardianti Haris Wahyu Sunarno Hendro Santiko Ikwan Daldiri Budi Santosa Indi Premadasa Istanti Istanti Joko Dwi Widiyanto Karto Karto Kevin Hanif Hakim Kusdyastuti Pratiwi Lathifah Hanim Masduqi Masduqi Mentari Dessy Wijayanti Moh Adib Aristyawan Mugiyatno Mugiyatno Muh. Ramli Jaya Muh. Rizal Yudiansyah Suldani Muhammad Baharuddin Muhammad Fatih Wahab Alhaddafi Muhammad Sidiq Muhlas Muhlas Mukhamad Faeshol Umam Munsharif Abdul Chalim Muslim Ansori Mustar Mustar Noor Handayani Nur Cahyaningsih Pulung Jati Kusuma Ratnasari Ratnasari Rifki Julian Wiranda Rofi'atun Rofi'atun Rozihan Rozihan Rubin Pratama Rudy Iskandar Ichlas Ruwainta Samniah Sahudi Sahudi Siti Muzazanah Muzazanah Solikun Ni'am Steffi Yesyer Palloan Titi Resmiyanti Wahyu Arga Kurniawan Warman Warman Wella Tiara Aginta Wisda Rauyani Efa Rahmatika Yulia Audina Sukmawan