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All Journal JURNAL HUKUM Jurnal Hukum Khaira Ummah Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta International Journal of Law Reconstruction JHCLS Law Development Journal Sultan Agung Notary Law Review International Journal of Law Society Services Journal of Sustainable Development and Regulatory Issues Justice Dialectical Jurnal Konstatering TABELLIUS
Arpangi Arpangi, Arpangi
Faculty Of Law UNISSULA
Religion Humanities Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Digitalization of the Notary Profession in the Era of Economic and Business Globalization Noviana, Ninik; Arpangi, Arpangi
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.v20i2.46173

Abstract

The rapid development of technology today has brought significant changes in various sectors, including the world of law, economy and business. One innovation in the legal field that can be applied is the concept of cyber notary or digital notary. The profession of Notary is closely related to the business world, at least this is shown from the mechanism for determining the need (formation) of Notaries in an area based on (a) business activities, (b) population, (c) the average number of deeds made each month. The influence of the business world on the availability of the number of Notary formations proves that there is a close relationship between the position of Notary and the business world. This data analysis method includes a qualitative approach by conducting a study of laws and regulations to explain the legal problems of written law in the implementation of cyber notary. The data collection technique used is library research, which involves collecting data from various academic sources and official documents. This library study will provide a strong theoretical and contextual basis for understanding the development of cyber notary and the challenges of digitalization faced by the notary profession. The results of the study obtained are that cyber notary has great potential to improve the ease of doing business in Indonesia by accelerating the notarization process, reducing costs, and increasing accessibility. However, to achieve this potential, clear regulations and a broad understanding of the legal validity of digital documents are needed. With the right support, cyber notary can be an effective tool to encourage economic growth and ease of doing business in Indonesia in the era of economic and business globalization.
Legal Analysis of the Criminalization of Perpetrators of Criminal Acts of Carrying Sharp Weapons and Criminal Acts of Assault (Case Study of Criminal Case Number: 599.Pid..B/2024/PN Jkt Pst) Rizal, Syaifur; Arpangi, Arpangi
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.v20i2.46232

Abstract

Abstract. The crime of assault is one form of violation of the law that often occurs in society. Cases of assault often have serious impacts, both physically and psychologically for the victim. There are tools that help assault, although these tools are actually made for good purposes but can be misused in committing crimes. Many cases that are tried involve defendants who carry sharp weapons without permission, such as daggers, sickles, samurai, and machetes. The increase in these cases shows the need for further research to understand the factors that encourage individuals, including adolescents, to carry and use sharp weapons. The aproach method used is normative juridical, namely a library legal research conducted by examining library materials or secondary data only using deductive thinking methods. The writing specifications use descriptive analysis, the sources and types of data used are primary and secondary data. The data collection method is by collecting data using secondary data collection methods. The problem is analyzed with the theory of criminal responsibility, the theory of Pancasila justice and Islamic justice. The judge's consideration in issuing Decision Number 599/Pid.B/2024/PN Jkt Pst, which assessed that the defendant was proven to have committed the crime of carrying a sharp weapon without a permit and serious assault is a decision that reflects the aplication of the theory of legal certainty through a comprehensive analysis of facts, evidence, and relevant legal aspects, so as to provide legal certainty and protection of rights for all parties. The Criminalization Process for the Crime of Carrying Sharp Weapons and the Crime of Serious Assault in the Case of Decision Number: 599/Pid.B/2024/Pn Jkt Pst. is a legal mechanism to uphold justice by considering material and formal aspects, and prioritizing retributive and preventive functions. Through the analysis of Decision Number 599/Pid.B/2024/PN Jkt Pst, where the defendant was found guilty of possessing a sharp weapon without a permit and serious assault, this thesis shows how the aplication of criminalization provides legal certainty while protecting the interests of the community and victims. Criminalization is not only a form of punishment, but also an effort at rehabilitation and prevention in order to maintain social order.
Criminal Liability of Military Members as Perpetrators of Criminal Acts of Abuse Resulting in Death (Decision Study Number: 83-K/PMT-II/Bdg/AD/VII/2024) Sukardi, Sukardi; Arpangi, Arpangi
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.v20i2.46227

Abstract

Abstract. Assault is a common and easily occurring offense in society. The consequences of such criminal acts are widespread and frequent, with many cases resulting in the victim's death. Therefore, the punishment demanded for perpetrators must truly reflect a sense of justice for the victims. However, what hapens if the perpetrator of an assault resulting in death is a member of the military, an institution under the Indonesian military command structure? The purpose of this study is to examine and analyze the legal construction of criminal liability for military personnel as perpetrators of assault resulting in death, and to investigate the judicial considerations made by judges in sentencing military members convicted of such offenses. This research falls under the category of normative or doctrinal legal research. The term "doctrinal" derives from the word "doctrine," meaning legal principles or norms that are adhered to. The construction of criminal liability for military personnel who commit assault resulting in death illustrates the complexity between the general criminal law system and military criminal law. Although military personnel are subject to the military legal system, the principles of legality and criminal liability remain universally aplicable. In Decision Number 83-K/PMT.II/BDG/AD/VII/2024, there was a discrepancy between the indictment under Article 351 paragraph (3) of the Criminal Code and the verdict, which only aplied Article 351 paragraph (1) of the Criminal Code. This raises concerns of potential violations of the due process of law and the principle of legal certainty. On the other hand, the judge considered juridical aspects, such as the alignment between the indictment, evidence, and witness testimony, to determine the fulfillment of criminal elements. Non-juridical considerations were also taken into account, including the background of the defendant, social impact, and the defendant's cooperative attitude and remorse during trial. Thus, the judge's ruling reflects a combination of legal, moral, and institutional considerations aimed at upholding justice and preserving the integrity of the Indonesian National Armed Forces (TNI).
Problems of the Legitimacy of Biological Fathers as Guardians of Marriages of Children Born Out of Wedlock Pornomo, Wahyu Adi; Arpangi, Arpangi
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.v20i2.46245

Abstract

Abstract. The problem of the status of children born out of wedlock creates legal complexity, especially related to marriage guardianship and lineage in Islam and positive Indonesian law. Children born out of wedlock often face the consequences of their parents' negligence, especially when girls need a marriage guardian for the validity of the marriage. Islamic Law and the Compilation of Islamic Law (KHI) Article 19 emphasizes marriage guardianship as a mandatory pillar, where the father has the main position as a lineage guardian. However, recognition of the biological father is often difficult to obtain if the parents' marriage is invalid, causing the illegitimate child to only be related to the mother according to the KHI. The MUI fatwa also confirms this. On the other hand, Constitutional Court Decision No. 46/PUU-VIII/2010 has opened up space for recognizing the civil relationship of illegitimate children with biological fathers through scientific evidence (DNA), regardless of lineage ties, creating tension between sharia norms and constitutional protection of children's rights. This study uses a normative juridical legal approach with a descriptive research type, utilizing library research to analyze secondary data. The primary legal materials used include the 1945 Constitution, the Criminal Code, the Criminal Procedure Code, the Marriage Law, and the KHI, supported by secondary legal materials such as relevant books and journals. The data collection method was carried out through literature studies, observations, and interviews with competent informants using purposive sampling. Data analysis was carried out qualitatively with a deductive-inductive thinking framework. The study found that the KHI explicitly cuts off the lineage of children resulting from adultery with biological fathers, appointing a judge as a marriage guardian. However, the Constitutional Court Decision and modern legal philosophy emphasize the protection of children's rights, justice, equality, and welfare, encouraging the recognition of biological fathers as marriage guardians under certain conditions if legally proven, in line with the views of the Hanafi school. However, in current Indonesian judicial practice, a judge remains the main solution for girls born from adultery without a valid marriage to guarantee the validity of the marriage.
Implementation of the Investigation Process Against Perpetrators of Illegal Logging in the Rembang Police Resort Area Saputro, Noor Wachied Eko; Arpangi, Arpangi
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.v20i2.46174

Abstract

Environmental management provides economic, social and cultural benefits and needs to be carried out based on the principles of caution, environmental democracy, decentralization, as well as recognition and appreciation of local wisdom and environmental wisdom, so that the Indonesian environment must be protected and managed properly based on the principles of state responsibility, the principle of sustainability and the principle of justice. The purpose of this research is to find out and analyze the implementation of the investigation process against perpetrators of illegal logging in the Rembang Police Resort area. To find out and analyze the obstacles and solutions in the implementation of the investigation process against perpetrators of illegal logging in the Rembang Police Resort area. The method used by the researcher is sociological legal approach And The specifications in this study include analytical descriptive. The sources and types of data in this study are primary data obtained through interviews. And Secondary data was obtained from literature studies. Data was analyzed qualitatively. using the theory of the rule of law and the theory of the legal system. Based on the results of the research that The implementation of the investigation process for perpetrators of illegal logging in the jurisdiction of the Rembang Police Resort involves various stages regulated in criminal procedure law. Investigators, who are generally members of the Police, will conduct an initial investigation based on reports, complaints, or arrests caught red-handed. The investigation process then involves examining witnesses, suspects, securing evidence, and compiling case files to be submitted to the prosecutor. Obstacles in the implementation of the investigation process for perpetrators of illegal logging in the Rembang Police Resort area include the availability of data and evidence, coordination between agencies, and suboptimal law enforcement. The solution includes improving data quality, harmonizing regulations, increasing the capacity of law enforcement officers, and involving the community in efforts to prevent and eradicate forest destruction.
Legal Protection for Consumers in E-Commerce Transactions Through Facebook Marketplace with Split Payment System Ningsih, Sri Eva; Arpangi, Arpangi
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.v20i2.46219

Abstract

Abstract. In today's era, technology is something that is very much needed by every group, the use of technology brings positive forms to facilitate communication and so on, but the use of technology is often misused such as electronic-based fraud or what we often know as e-commerce. Electronic commerce (e-commerce) has now reformed conventional trade, where the interaction between consumers and business actors that was previously carried out directly, which with the existence of electronic commerce, has now become an indirect interaction. The definition of e-commerce is also stated in Article 1 paragraph (2) of the ITE Law (Information and Electronic Transactions) No. 11 of 2008 which regulates, "Electronic Transactions are legal acts carried out using Computers, Computer networks, and/or other electronic media". The method used is the normative legal approach method. With research specifications using normative descriptive, where using secondary data is analyzed qualitatively. The formulation of the problem is analyzed based on the theory of legal certainty and the theory of law enforcement. The results of the study show that there are no clear rules governing the split payment system to be a legal umbrella that can protect consumers in making online buying and selling transactions using the Marketplace feature on the Facebook application which allows consumers to suffer losses due to business actors in the application. Law No. 8 of 1999 concerning Consumer Protection (UUPK) and the ITE Law are laws that regulate consumer protection and also online transactions. As a business actor, it is his obligation to provide and fulfill the rights of his consumers. Thus, consumers will get their rights as consumers and will not be harmed by business actors who commit bad acts.
Effectiveness of the Implementation of the Marriage Law on Child Protection After a Divorce Decision Lesmana, Rico; Arpangi, Arpangi
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.v20i2.46203

Abstract

Abstract. The objectives of this research are: to understand and analyze how child protection is implemented after a divorce, how the rights and obligations of parents toward their child are fulfilled after the divorce, and what solutions can be proposed. The research approach used in this study is a normative juridical approach, which is a process of discovering legal norms, legal principles, and legal doctrines to address the legal issues at hand. Law Number 16 of 2019 aims to protect children after divorce, but its implementation still faces various obstacles. The main challenges include a lack of socialization and public understanding of children's rights, limited access to legal services, as well as complex and slow legal bureaucracy. Although regulations regarding custody, alimony, and child care are clearly stated, their practice remains suboptimal. Therefore, improvements in education, training for relevant parties, simplification of procedures, and expansion of legal access are needed to ensure maximum child protection. The government and law enforcement must enhance public awareness and understanding of children's rights after divorce and the implementation of Law No. 16 of 2019 through media, seminars, and training. Legal services must be easily accessible and of high quality for families going through divorce. Law enforcers, courts, and social workers need intensive training to provide accurate information. Parents are also expected to actively seek information, maintain communication, and prioritize the psychological well-being and interests of the child during and after the divorce process.
Legal Review of the Security of Anarchist Demonstrations by the Indonesian Police Mobile Brigade Corps (Study of Security for the 2024 Pilkada Demonstrations in Semarang City by Batalyon A Pelopor Sat Brimob Polda Jateng) Sukirno, Sukirno; Arpangi, Arpangi
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.v20i2.46228

Abstract

Abstract. Freedom of speech is important in a democratic country, including Indonesia. The government has guaranteed freedom of speech by issuing a number of laws and regulations as its legal umbrella. One of the human rights guaranteed by the state is expressing opinions. The article on freedom of speech is regulated in the 1945 Constitution, Article 28F. Article 28E paragraph (3) of the 1945 Constitution states that everyone has the right to freedom of association, assembly, and expression of opinion. The 1945 Constitution of the Republic of Indonesia guarantees demonstrations in the form of free parades and pulpits and all the basic principles of organizing state life, therefore including them as constitutional rights, to protect, fulfill and promote them. Police members in carrying out their roles and functions cannot be separated from very basic rights such as human rights in general. There have even been plans to revise the TNI/POLRI Law to further strengthen the dual function that was once used by the New Order government as a tool to perpetuate power for 32 years and the Government at that time wanted to make the New Order government period with different methods but the same goals, so that it gives the impression that Jokowi is a neo-New Order leader which means a New Order style with more mature maneuvers and also updating methods for the succession of power and his cronies are the same as the New Order era. Regarding the demonstration by BEM Semarang Raya, Cipayung Plus Semarang City Civil Society Network and the People's Movement to Sue regarding the Pilkada Bill in front of the Semarang City Hall Office. On Monday, August 26, 2024 at 15.11 to 18.30 WIB in front of the Semarang City Hall Office, Jl. Pemuda, Sekayu Village, Semarang, a demonstration was held by BEM Semarang Raya, Cipayung Plus Semarang City Civil Society Network and the People's Movement to Sue regarding the Pilkada Bill Coordinator Mr. SA'AD (UIN Walisongo Semarang) and Mr. RIKI (UNISULA Semarang) Sandra Marjuki.
Implementation of Criminal Sanctions Against Perpetrators of Theft Crimes Based on Legal Certainty (Case Study of Decision Number 144/Pid.B/2024/PN.Smg Fitriani, Riska; Arpangi, Arpangi
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.v20i2.46209

Abstract

Abstract. The case study in this research is Decision Number 144/Pid.B/2024/PN Smg. By considering Article 362 of the Criminal Code and Law Number 8 of 1981 concerning Criminal Procedure Law and other relevant laws and regulations, the court declares that the Defendant Rilly Pradana Purnama Putra Bin Slamet Bowo Mulyono has been proven legally and convincingly guilty of committing the crime of "Theft" as in the Single Indictment of the Public Prosecutor; imposes a sentence on the Defendant, therefore with a prison sentence of 1 (one) year and 8 (eight); Declares that the length of arrest and detention that the Defendant has served is deducted entirely from the sentence imposed. Law enforcement against crime in Indonesia, especially in criminalization, should refer to a normative approach that is punitive to criminals so that it can have a deterrent effect. Minor crimes, especially minor theft, have recently attracted public attention because their handling is considered no longer proportional to the level of seriousness of the regulated crime. The current regulation of minor crimes is assumed to be a kind of protection from disproportionate law enforcement against crimes whose losses are considered not serious. Minor crimes do not only include violations, but also include minor crimes contained in Book II of the Criminal Code consisting of minor animal abuse, minor insults, minor abuse, minor theft, minor embezzlement, minor fraud, minor vandalism, and minor receiving of goods. Understanding of Supreme Court Regulation Number 2 of 2012 needs to be accompanied by efforts to educate the public about minor crimes. This is because not all people understand the things included in minor crimes (Tipiring). The crime of theft with a relatively small value of goods can go to court because currently the Public Prosecutor (PU) charges defendants with minor theft using Article 362 of the Criminal Code and not Article 364 of the Criminal Code because the limitation of minor theft regulated in Article 364 of the Criminal Code is limited to goods or money with a value of less than Rp. 250,- (Two Hundred and Fifty Rupiah). This value is certainly no longer relevant to the current situation, because there are almost no goods with a value of less than Rp. 250,-.
Legal Protection for Police Doctors in Assignments Under Police Operational Control (BKO) Based on Law Number 17 of 2023 Concerning Health (Case Study of Papua Cartenz Peace Operation) Satria Yuniar Santoso, Stefanus; Arpangi, Arpangi
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.v20i2.46220

Abstract

Abstract. Police Medicine as a suporting function deploys police doctor personnel in BKO activities to carry out their duties always attached to other police personnel in the field to provide technical assistance in organizing health for police members, as the main and foremost spearhead starting from establishing health post facilities, and preparing medicines and basic medical equipment in maintaining health, preventing disease, improving health, treating disease and restoring the health of police members during assignments both in disaster operation areas and conflict areas. In carrying out their duties, police doctors also provide health services to local communities, both those who are not affected by disasters and conflicts, so that they have a good level of health. The reasons for the elimination of punishment so as to free doctors from lawsuits, namely: Treatment risk, Medical accident, Contribution negligence, Respectable minority rules & error of (in) judgment, Volenti non fit iniura or assumption of risk, and Res Ipsa Loquitur. The Indonesian Medical Disciplinary Honorary Council (MKDKI) has the authority to examine and make decisions on complaints related to the discipline of doctors and dentists. MKDKI can determine whether or not there are errors made by doctors and dentists in the aplication of medical and dental disciplines. This institution is an autonomous institution of the Indonesian Medical Council which is independent in carrying out its duties. Research sourced from the SOEPRA journal entitled "Legal Protection of Medical Personnel Against Efforts to Resolve Medical Disputes Reviewed from Criminal Law" by Ade Armada Sutedja, A. Joko Purwoko and Edi Sumarwanto concluded that medical crimes have been regulated in the Criminal Code, Law No. 29 of 2004 concerning Medical Practice, Law No. 36 of 2009 on Health and Law No. 44 of 2009 on Hospitals. Legal protection of medical personnel has been regulated in the Criminal Code, Law No. 29 of 2004 concerning Medical Practice, Law No. 36 of 2009 on Health and Law 36 of 2014 concerning Health Personnel and Law No. 44 of 2009 concerning Hospitals.
Co-Authors Agus Widodo Ajie, Okky Prastyo Amin Purnawan Amin Wastoni Andri Winjaya Laksana Andri Winjaya Laksana Anis Mashdurohatun Anwar, Rosyian Apitta Fitria Rahmawati Ardinal, Kevin Aryani Witasari Cahaya Mutiara Mardiana Putri Cindy Yosiana Denny Suwondo Denny Suwondo Dianti, Marizka Putri Dodiawan S Dodiawan S Dwi Arepa, Nola Dwitama, Muhammad Yoga Edi Suarto Edward Cevy Listiyanto Fajar, Sefriana Feri Satria Wicaksana Effendy Firmansyah, Moh Fajri Galuh Sekar Widjayanti Gunarto Gunarto Gunarto Gunarto Haji Mohiddin, Mas Nooraini binti Henry Elenmoris Tewernussa Hetharie, Mesakh Yohanes Hutagalung, Pahala Holmes I Putu Angga Feriyana Ira Alia Maerani Irawan, Ridho Hendry Jamaludin Al Ashari Khoirunnisa, Nurizka Tiffany Lesmana, Rico Metry Widya Pangestika Mukhtasor Mukhtasor Ningsih, Sri Eva Noviana, Ninik Novita Ilmaris Novyaningsih, Eka Suprihatin Ernie Nur Hidayat, Yudhi Taufiq Nurfita Anggraini Tohari Pardi Pardi Peni Rinda Listyawati Peni Rinda Listyawati Pornomo, Wahyu Adi Pudjiyanto Pudjiyanto Putri Qoriyati Aeny Putri, Rikhi Mahardhika Raden Yonanta Edy Pranawa Ragil Ridho Dewanto Rahmad Rahmad Rakhmat Bowo Suharto Ramadani , Maydika Revi, Rendi Ariza Ridho, Rahmad Riska Fitriani Rizal, Syaifur Rizkawati, Ninda Sandika Dwi Nugroho Sanni , Tajudeen Sanni, Tajudeen  Saputro, Noor Wachied Eko Sari, Panji Prasetyo Sasongko, Unggul Agus Satria Ardi Yana Satria Yuniar Santoso, Stefanus Sekar Tresna Raras Tywi Selinda, Risma Setyawati Setyawati Shallman, Shallman Siti Rodhiyah Dwi Istinah Suhendri Suhendri Sukardi Sukardi Sukarmi Sukarmi Sukirno Sukirno Suwondo, Denny Syailendra, Zidan Naufal Tara Jasmine Widayati Widayati Widayati Widayati Winanto Winanto winanto, winanto Wismo Malaicanto, Totok Catur Yeriza Adhytia