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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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Legal Analysis of Legal Protection of the Rights of Employees with Fixed-Term Employment Agreements (PKWT) Who Receive Unilateral Termination of Employment (PHK) by the Company (Research Study in Semarang City) Sasongko, Unggul Agus; 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.v20i2.46240

Abstract

Abstract. Fixed-Term Employment Agreement is a form of employment relationship that is widely used in Indonesia, especially for temporary work. Although it has been regulated in Law Number 6 of 2023 and Government Regulation Number 35 of 2021,Fixed-Term Employment Agreement employees often face legal vulnerabilities, especially when there is a unilateral Termination of Employment before the end of the contract period. Unilateral layoffs without a clear legal basis not only violate aplicable provisions but also have a significant impact on workers' welfare. The settlement mechanism through the Industrial Relations Court that is available is often ineffective in providing justice quickly. Weak supervision, lack of understanding of the law by workers, and bad faith from companies worsen this situation. Based on the views of legal experts, fair and effective legal protection is essential to ensure social justice in accordance with the values of Pancasila. Therefore, this study was conducted to analyze the legal protection of Fixed-Term Employment Agreement employees who were unilaterally laid off by companies in Semarang City. The research method used is legal research with a sociological juridical aproach (empirical), which combines normative analysis with empirical data obtained from the field. The author conducted an analysis of legal protection for Fixed-Term Employment Agreement employees who were unilaterally laid off by companies in Semarang City and the aplication of the law on the rights of Fixed-Term Employment Agreement employees who were unilaterally laid off by companies in Semarang City. Legal protection forFixed-Term Employment Agreement workers includes preventive protection, namely through the creation of a complete and transparent written work contract, as well as repressive protection through dispute resolution mechanisms such as bipartite, mediation, and the Industrial Relations Court. The views of legal experts such as Philipus M. Hadjon, Satjipto Rahardjo, Hans Kelsen, Yudi Latif, and Lawrence M. Friedman reinforce the importance of fair legal protection that sides with workers as the weaker party.
Legal Analysis of Restitution Granting as an Effort to Restore the Rights of Victims of Sexual Violence in the Perspective of Indonesian Positive Law Based on Justice Values Irawan, Ridho Hendry; 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.v20i2.46204

Abstract

Abstract. Sexual violence is a violation of human rights that injures the dignity and honor of the victim, and requires recovery through restitution. Even though it has been regulated in Indonesian positive law, the implementation of providing restitution for victims of sexual violence still faces various challenges. The aim of this research is to analyze the current arrangements for providing restitution as an effort to restore the rights of victims of sexual violence, to analyze the weaknesses of the system of providing restitution as an effort to restore the rights of victims of sexual violence in the perspective of positive Indonesian law, and to analyze the ideal arrangements for providing restitution as an effort to restore the rights of victims of sexual violence in the perspective of positive law in Indonesia in the future based on justice. The aproach method used in preparing the thesis is normative juridical research. The specifications in this research are descriptive analysis. The theories used include legal certainty theory, legal system theory, justice theory. The results of this research are (1) Regulations regarding the provision of restitution in cases of criminal acts of sexual violence have been regulated in Law Number 12 of 2022 and Supreme Court Regulation Number 1 of 2022. Restitution is recognized as a victim's right which must be exercised by the perpetrator or a third party. (2) Weaknesses in the substance of current regulatory law are that they are unable to provide protection for victims because they still place victims as objects in the criminal justice system. Weaknesses in legal culture which is still influenced by patriarchy and negative stereotypes towards women. (3) The ideal arrangement for providing restitution as an effort to restore the rights of victims of sexual violence requires the presence of a legal system that is not only based on normative justice as regulated in the TPKS Law and its derivative regulations, but is also realized substantively through real fulfillment of the victims' rights, including when the perpetrator is unable to pay. The imbalance between norms and implementation shows the need for improvement, especially in the state's role in ensuring the recovery of victims through compensation mechanisms, in order to achieve complete justice as described by Hans Kelsen, that the law must aply generally and regularly, where the state needs to ensure that victims' rights can be realized in real terms as a form of the state's responsibility in protecting its citizens.
Legal Analysis of Criminal Law Enforcement on Safety in Sailing of Ships Negligent of Standard Operating Procedures in the Perspective of Shipping Law in Indonesia Dianti, Marizka Putri; 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.v20i2.46069

Abstract

Indonesia is an archipelagic country that has a dense flow in the maritime world with vital sectors that support logistics and economic flows. The high mobility of shipping in Indonesia requires compliance with established safety standards. However, in practice, negligence is still often found in the Standard Operating Procedure (SOP) for shipping safety. Many business actors and ship crews ignore these provisions, increasing the risk of maritime accidents and harming various parties. This condition shows the need for an in-depth study of efforts to enforce criminal law for violations of shipping SOPs. This study uses a juridical-sociological approach, namely combining normative legal studies with observations of social realities in the field. The approach that is the main basis is legislation, accompanied by references to relevant cases. The data used include primary and secondary data, collected through literature studies of laws and regulations, legal literature, and related investigative and investigative documents. The analysis technique used is descriptive-qualitative, in order to explain the relationship between legal norms and practices in their enforcement. The results of the study show that negligence towards shipping SOPs still often occurs, both in terms of technical operational aspects, miscommunication between related parties, and administrative negligence. This shows the still low quality of human resources (HR) in the shipping sector, minimal ongoing coaching, and less than optimal implementation of safety training. Criminal law enforcement is carried out through the involvement of authorized agencies, starting from the investigation and inquiry stages to the trial process. Therefore, there needs to be a systemic solution in the form of improving the quality of HR, strengthening regulations, and strict law enforcement to create an optimal shipping safety culture.
The Role of the Republic of Indonesia National Police in the Implementation of Restorative Justice in Handling Traffic Accidents (Case Study at Tanjung Pinang Police) Revi, Rendi Ariza; 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.v20i2.46193

Abstract

Abstract. This research discusses the role of the Indonesian National Police in implementing restorative justice in handling traffic accident cases, focusing on the Tanjungpinang City Police as a case study. Data collection combines library research and field research, focusing on secondary legal materials and primary data from practitioners. The study regularly examines the legal framework, the role of the police as facilitators in mediation, and the practical challenges encountered in the field. The findings reveal that the police play a central role as facilitators in the mediation process between offenders, victims, and their families to achieve amicable settlements outside the formal criminal justice process. The implementation of restorative justice at the Tanjungpinang City Police is guided by Indonesian National Police Regulation Number 8 of 2021 and is primarily applied to cases involving minor injuries or material losses. However, in cases resulting in fatalities, settlements are rare as families tend to demand formal legal proceedings. The main obstacles include the limited economic capacity of offenders to fulfill compensation demands, protracted negotiations, and a lack of public understanding of restorative justice. Proposed solutions involve developing more comprehensive regulations, public education, specialized training for investigators, and facilitating compensation through social institutions or third parties. The study recommends enhanced collaboration among the police, government, and society to achieve balanced justice and restore social relations in traffic accident cases.
Dropshipping in Batam Bonded Area: Tax Consultants' Challenges in Preventing Value Added Tax Disputes Wismo Malaicanto, Totok Catur; Arpangi, Arpangi
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48085

Abstract

This research analyzes the complexity of Value Added Tax (VAT) implementation in dropshipping business practices within the Batam Bonded Zone, given the rapid growth of the digital economy and the nature of cross-jurisdictional transactions. This thesis aims to identify the f i scal compliance challenges faced by dropshipping actors and tax authorities, and to formulate policy recommendations that align with both positive legal frameworks and Sharia ethics. Using a juridical- normative approach enriched with empirical data through in-depth interviews, this study examines the inconsistencies of de minimis rules, the ambiguity in determining VAT' s point of incidence, and their implications for the principles of justice (adl) and legal certainty. The findings indicate that the current regulatory ambiguities create gharar (excessive uncertainty) which potentially reduces tax legitimacy in the eyes of Muslim taxpayers. Although specific mediation cases related to dropshipping VAT disputes in Bonded Zones are not widely documented, mediation is identified as a potential alternative dispute resolution mechanism that is more efficient and adaptive. This research concludes that regulatory harmonization between digital business dynamics and Sharia principles is highly necessary, and offers a comprehensive theoretical framework integrating positive law and Islamic ethical dimensions, with novelty in its specific analysis of the Batam Bonded Zone and the role of mediation as a solution.
Legal Analysis of the Settlement of the Criminal act of Theft with Aggregation Based on Legal Certainty (Case Study at Grobogan Resort Police) Ardinal, Kevin; Arpangi, Arpangi
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48146

Abstract

Aggravated theft is one of the most common crimes in society and causes disruption to the sense of security, economic loss, and social stability. As the frontline of law enforcement, the police play a strategic role in handling these cases, including within the jurisdiction of the Grobogan Police. The purpose of this study is to determine and analyze the steps taken by the Grobogan Police in resolving aggravated theft, identify the obstacles encountered, and examine the solutions taken to overcome them. This research uses a juridical-sociological approach and descriptive-analytical specifications. Primary data were obtained through interviews with police officers at the Grobogan Police, while secondary data were sourced from laws and regulations (the Criminal Code, the Criminal Procedure Code, Law No. 2 of 2002 concerning the Police, and related regulations), legal literature, and other supporting documents. The analysis was conducted qualitatively by examining the synchronization between positive legal norms and their implementation practices in the field. The research results show that the Grobogan Police Department applies two main strategies in handling aggravated theft crimes: repressive (investigation, prosecution, arrest, and detention in accordance with the Criminal Procedure Code) and preventive (legal counseling, patrols in vulnerable areas, and coordination with the community). Obstacles faced include limited personnel and facilities, low public legal awareness, difficulties in providing evidence, and budget constraints. Efforts made to overcome these obstacles include improving coordination between law enforcement officers, intensifying patrols and legal counseling, and implementing non-litigation solutions through a restorative justice approach. The conclusion of this study is that the Grobogan Police's measures are in accordance with applicable legal provisions, but still face structural and cultural obstacles in their implementation. Therefore, strengthening the capacity of officers, increasing public legal awareness, and developing restorative justice mechanisms are essential so that the resolution of aggravated theft crimes can be more effective, just, and based on legal certainty.
Reconstruction of the Judicial Commission’s Authority in Promoting Judges with Integrity Widayati, Widayati; Winanto, Winanto; Haji Mohiddin, Mas Nooraini binti; Suwondo, Denny; Arpangi, Arpangi; Nur Hidayat, Yudhi Taufiq
Jurnal Hukum Vol 39, No 2 (2023): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.39.2.270-294

Abstract

The authority of the Judicial Commission (KY) to supervise judges is diminishing due to opposition from the Supreme Court judges and constitutional judges. Cases of corruption and bribery involving Supreme Court judges and constitutional judges indicate that external oversight by the KY is crucial to maintaining judges' honor, dignity, and behavior. This research discusses the importance of external supervision in realizing the integrity of judges. The research uses a normative juridical approach, which examines norms or legal rules as a structure of norm systems related to a legal event. The data used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Based on the analysis, it is concluded that: 1) Supervision of judges, both internally and externally, is necessary and crucial to prevent them from abusing the freedom or independence given to them. Various cases of bribery and corruption involving judges indicate that without external supervision, there will be a risk of abuse of power. 2) KY, as an external supervisor, also needs to be given authority to select not only Supreme Court judges but judges at all levels of the judiciary within the Supreme Court. 3) KY conducts external monitoring of all judges, including judges to the Supreme Court and constitutional judges, to ensure the integrity of the judiciary. In order to ensure the optimal operation of KY's authority, KY representatives need to be established in provinces and districts/cities since judges are distributed throughout Indonesia both in provinces and districts/cities.
The Role of the Police in Eradicating Motor Vehicle Theft Cases at the Jambi Police Headquarters Dwitama, Muhammad Yoga; 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.v20i2.46128

Abstract

Motor vehicle theft (Curanmor) is a crime that disturbs the community and is economically detrimental. The role of the police is very vital in preventing and taking action against this case. Jambi Police have implemented various preventive and repressive strategies to reduce the number of Curanmor crimes. Although there has been a decrease in cases in recent years, internal and external challenges are still obstacles in eradicating this crime. This study aims to determine and analyze the role of the Jambi City Police (POLRESTA) in eradicating motor vehicle theft cases, identifying factors that are obstacles and solutions in eradicating motor vehicle theft cases in the jurisdiction of Jambi Police, strategies and efforts made by Jambi Police in increasing the effectiveness of eradicating motor vehicle theft cases as well as the obstacles and solutions implemented. The research method used is a sociological legal approach with data collection techniques in the form of literature studies, interviews, and documentation. The author analyzes the role of the Jambi City Resort Police (POLRESTA) in efforts to eradicate motor vehicle theft cases, factors that are obstacles and solutions in eradicating motor vehicle theft cases in the jurisdiction of the Jambi POLRESTA, strategies and efforts made by the Jambi POLRESTA in increasing the effectiveness of eradicating motor vehicle theft cases as well as obstacles and solutions applied. The role of the Jambi Police in eradicating motor vehicle theft is very strategic, covering the functions of law enforcement, protection, patronage, and public service. The main inhibiting factors include limited internal facilities and weak public awareness, which are overcome through increased synergy, services, and public education. Efforts made include preventive, repressive, and preemptive strategies, despite being faced with obstacles such as limited personnel, infrastructure, and low public participation. To overcome these challenges, the Jambi Police strengthens human resource capacity, establishes cross-sectoral cooperation, and utilizes information technology in case monitoring. The Jambi Police need to continue to improve the capacity and integrity of personnel through routine training, internal supervision, and expanding cooperation and technological modernization. The public is expected to actively participate in maintaining environmental security and implementing independent preventive measures, such as installing additional safety devices on vehicles. The local government and related agencies are also expected to provide budget support for strengthening police infrastructure and tightening vehicle administration to prevent data misuse by criminals.
Diversion as a Form of Settlement of Child Criminal Cases Through the Restorative Justice System by Investigators Hetharie, Mesakh Yohanes; 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.v20i2.46083

Abstract

Cases of violence between children often occur, this is because the emotional maturity of children is not yet fully mature so that pathological social problems often occur which make children often commit violence between each other. This makes children often face the law, therefore children need a guarantee of mental protection and intellectual growth, so the concept of restorative justice through diversion is needed, however, diversion has not been optimally implemented, especially in the Cirebon City area. This study aims to describe the process of investigation of child criminal cases through restorative justice at the Cirebon City Police. To analyze the obstacles and solutions in the process of investigation of child criminal cases through restorative justice at the Cirebon City Police. The type of research used in this study is a descriptive analytical legal research type. Based on the research results, it is known that the investigation process for child criminal cases through diversion as an effort to realize restorative justice at the Cirebon City Police is not yet optimal, this is because 95 cases of violence committed by children were resolved at the Cirebon City District Court in 2024.Constraintin the process of investigating cases of child criminal acts through restorative justice at the Cirebon City Police in the form of the lack of public knowledge regarding the resolution of criminal cases through restorative justice; the lack of public awareness to reconcile through restorative justice in cases of minor assault; and the lack of regulation of the resolution of hate speech crimes through restorative justice in a complete and specific manner at the level of government regulations, both central and regional.
Framework for Analysis of Criminal Acts Committed by Children Against Child Victims Based on Restorative Justice Rahmad, Rahmad; 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.v20i2.46188

Abstract

Abstract. Children are the next generation of the nation who are vulnerable to becoming victims or perpetrators of sexual crimes due to lack of protection, supervision, and adequate moral education. Children as perpetrators of sexual abuse require a more humanistic legal approach through restorative justice in accorandce with the principles of the Child Protection Law and the Child Criminal Justice System. The purpose of this study is to examine the regulation of criminal acts of sexual abuse by child perpetrators against child victims and to analyze the ideal regulation of criminal acts of sexual abuse by child perpetrators against child victims. The approach method used in compiling the thesis is normative legal research.Specifications in this studydescriptive analysis.The theories used include the theory of legal certainty and the theory of restorative justice. The results of this study are (1)Regulation of criminal acts of child molestation against child victims in Indonesia has been regulated in the Criminal Code, the Child Protection Law, and the Child Protection and Child Protection Law, with the aim of providing protection for children both as victims and as perpetrators. Although child perpetrators of child molestation can be subject to criminal responsibility, the Indonesian legal system still requires an approach that upholds children's rights, including rehabilitation efforts through the child criminal justice system. However, Article 7 paragraph (2) of the Child Protection and Child Protection Law limits the application of diversion, so that child perpetrators in criminal acts of child molestation cannot be diverted, legal uncertainty in the principle of child protection. Therefore, although existing regulations have guaranteed legal protection, a review is needed to align the objectives of criminal punishment with the restorative justice approach for children. (2) The ideal regulation of criminal acts of child molestation against child victims in the future must be directed at a restorative justice-based approach that guarantees the protection of children's rights. Lessons from the English, German, and Dutch legal systems show that child punishment can be carried out in a humane manner by emphasizing rehabilitation. The juvenile criminal law system in Indonesia through the SPPA Law needs to be revised to provide space for settlement outside the courts, including for cases that carry a criminal sentence of more than seven years, such as molestation, which is currently excluded from diversion. In addition, the government also needs to reconstruct Article 140 paragraph (2) of the Criminal Procedure Code so that it becomes the legal basis for terminating prosecution with a restorative justice approach, to ensure that the principle of "the best interests of the child" remains the main priority in the national criminal justice system.
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