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Jurnal Hukum Khaira Ummah
Published by Universitas Islam Sultan Agung
ISSN : 19073119     EISSN : 29883334     DOI : http://dx.doi.org/10.30659/jhku
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The focus and scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Agrarian Law Criminal Procedural Law Civil Procedural Law Constitutional Law Islamic Law; Akhwalus Syakhsyiyah Law; Munakahat Law; Faraidh/Mawaris Law; Army/Military Law; Sea Law; Economic Law; Medical Law; Custom Law; Environmental Law, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 351 Documents
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PROSES PENYIDIKAN DAN PENUNTUTAN TINDAK PIDANA PENCURIAN YANG DILAKUKAN OLEH ANAK DIWILAYAH KABUPATEN SEMARANG Setyo Hartanto; Sri Endah Wahyuningsih
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.v13i3.1899

Abstract

On the process of investigation and prosecution of criminal acts of theft committed by children in the region of Semarang Regency there are differences in the implementation of handling of child cases in accordance with the criminal justice system and there are obstacles and solutions that must be faced by investigators and public prosecutors with the enactment of Law No. RI. 11 of 2012.This study the author uses the method of Empirical Juridical approach is the way or procedure used to solve research problems by researching secondary data first to then proceed with researching the primary data that exist in the field. By collecting primary data that is data obtained directly from the community or field and secondary data is data obtained through literature materials.The child's handling process begins with the investigator receiving the child's case from the report, the complaint and the possibility of the investigator knowing himself then along with Bapas, the victim's side and the parent's side of the perpetrator and the other related relation whether to be forwarded or diverted. If there is a verdict and it is successful, it is requested by the local court to obtain legal force, but if the diversion is unsuccessful then the case file proceeds to the Investigation process after the case file is deemed complete and complete, then according to the law of the case submission is valid and complete, public without the need for more processing. The transfer of juridical responsibilities to the dossier, legal liability for a child suspect and legal liability for any evidence or item seized.Furthermore, after the public prosecutor receives the file from the investigator, if eligible to do the diversionary effort then must perform a diversionary effort, if not achieved then the prosecutor proceeded to check the completeness of the case both formally and materially to know more clearly whether the case can proceed to prosecution process or not and with complete evidence in order to be transferred to the court for continued trial by applying a criminal procedural law using a restorative justice approach. Against these obstacles and solutions both investigators and public prosecutors make their own efforts by approaching internally and externally from each agency.Keywords: Child Criminal Justice System, Child Investigator, Child Prosecutor,Diversi, Restoration Justice
Implementasi Putusan Mahkamah Konstitusi Nomor 130/PUU-XIII/2015 Terhadap Proses Penyidikan Tindak Pidana Pencurian Dengan Pemberatan Di Sat Reskrim Polres Kendal Kusfitono Kusfitono; Umar Ma’ruf; Sri Kusriyah
Jurnal Hukum Khaira Ummah Vol 15, No 1 (2020): March 2020
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v15i1.2303

Abstract

 The criminal act of theft with a denunciation that occurred at Sat Reskrim Polres Kendal is handled through the process of investigation process in accordance with the revision of Law No. 8 of 1981 on the Criminal Code (KUHAP). The legal basic for the revision of Law Number 8 Year 1981 is the decision of the Constitutional Court Number 130 / PUU-XIII / 2015. This Constitutional Court ruling has changed some of the stages in the pre-prosecution process where previously in the pre-prosecution phase the investigator only gave the Order of letter of notification commencement investigation (LNCI) to the public prosecutor has now been amended and requires the investigator to grant LNCI not only to the public prosecutor but also to the reported and the victim / complainant. However, this Constitutional Court Decision is allegedly a bit of a hindrance and complicate the task of investigators, especially in handling the crime of theft with a denunciation, which with the implementation of this LNCI submission stage especially to the reported, making report easy to eliminate the evidence, influence the witnesses and even reported trying to run self. To overcome this, the action taken by the investigating team is to provide LNCI with several stages while still guided by the decision of the Constitutional Court Number 130 / PUU-XIII / 2015.Keywords: Implementation, Constitutional Court Decision, Theft with Objection
Putusan Hakim Tentang Pencabulan Anak Dibawah Umur Di Pengadilan Negeri Kota Pekalongan (Studi Kasus Di Pengadilan Negri Kota Pekalongan) Teguh Prasetyo
Jurnal Hukum Khaira Ummah Vol 13, No 1 (2018): March 2018
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i1.2577

Abstract

AbstrakImplementasi dari ketentuan Pasal 81 dan Pasal 82 Undang-Undang Nomor : 23 Tahun 2002 Tentang Perlindungan Anak ternyata terkadang tidak semudah apa yang tercantum dalam Undang-Undang tersebut. Terdapat hambatan atau kendala ketika majelis Hakim Pengadilan Negeri Kota Pekalongan mengadili perkara tindak pidana pencabulan/kesusilaan tersebut. Keadaan yang demikian kadang-kadang mempersulit untuk didapatkannya kebenaran materiil dalam proses penegakan hukum pidana. Dalam upaya menemukan dan menerapkan keadilan serta kebenaran maka Pengadilan Negeri Kota Pekalongan melalui Majelis hakim yang menyidangkan perkara aquo harus memiliki integritas tinggi agar dapat memberikan putusan yang mencakup aspek yuridis, aspek filosofis dan aspek sosiologis sehingga akhirnya dapat memberikan keadilan baik bagi korban maupun bagi terdakwa.Kata Kunci : Putusan Hakim, Pencabulan, Anak Dibawah Umur Abstract Implementation of the provisions of Article 81 and Article 82 of the Law Number 23 of 2002 on Protection to Chidren is apparently sometimes not as easy as what is stated in the law. There were constraints/obstacles when the Judges of Blora District Court tried/heard the criminal case of decency. Such circumstances are sometimes difficult to obtain the truth of material in criminal law enforcement process. In an effort to find and apply justice and righteousness, The Blora District Court through the judges trying the aquo case must have high integrity in order to issue a verdict covering juridical aspect, philosophical aspect and sociological aspect so that ultimately it can provide justice either for victims or for defendants.Keywords : Judge's decision,  obscene, Children Under Age
Implementasi Pelestarian Lingkungan Hidup Dalam Bidang Penegakan Hukum Pidana Terhadap Kasus Illegal Logging (Studi Kasus Polres Rembang) Wahyu Lukito
Jurnal Hukum Khaira Ummah Vol 17, No 2 (2022): June 2022
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v17i2.2593

Abstract

ABSTRAKKawasan hutan merupakan sumber daya alam yang terbuka, sehingga akses masyarakat untuk masuk memanfaatkannya sangat besar. Kondisi tersebutmemacu permasalahan dalam pengelolaan hutan.Seiring dengan semangat reformasi kegiatan penebangan kayu dan pencurian kayu dihutan menjadi semakin marak apabila hal ini dibiarkanberlangsung secara terus menerus kerusakan hutan Indonesia akan berdampak pada terganggunya kelangsungan ekosistem, terjadinya banjir, erosi atau tanahlongsor, disfungsinya hutan sebagai penyangga keseimbangan alam serta dari sisipendapatan Negara pemerintah Indonesia mengalami kerugian yang dihitung dari pajak dan pendapatan yang seharusnya masuk ke kas Negara.Undang-Undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup (UUPPLH) telah memasukkan ketentuan pidana dalam Bab XV, yang terdiri dari 23 pasal sebagai wujud implementasi pelestarian lingkungan hidup dalam penegakan hukum pidana khususnya terhadap kasus illegal logging. Dalam hal ini Polres Rembang berupaya mengatasi hambatan-hambatan yang terjadi baik hambatan eksternal maupun internal dengan berbagai solusi yang bertujuan untuk melancarkan pelaksanaan yang seimbang antara penegakan hukum dan pelestaran lingkungan hidup yang menjadi acuan keberhasilan bagi Polres Tegal di masa datang dalam menangani kasus illegal logging.Keywords: Pelestarian Lingkungan Hidup, Penegakan Hukum Pidana, Illegal Logging.Abstract:The forest area is an open natural resource, so the access of the community to enter it is huge. These conditions spur problems in forest management. Along with the spirit of reform of logging and wood theft activities in the forest become more widespread if it is allowed to continue continuously damage Indonesia's forests will affect the disruption of the continuity of ecosystems, the occurrence of floods, erosion or landslide, dysfunction of forests as a buffer of natural balance and from state government Indonesia suffered losses calculated from taxes and revenues that should be entered into the State treasury. Law Number 32 Year 2009 on Environmental Protection and Management has included criminal provisions in Chapter XV, consisting of 23 articles as a form of implementation of environmental conservation in criminal law enforcement, especially on cases of illegal logging. In this case the Rembang Police strive to overcome the obstacles that occur both external and internal barriers with various solutions aimed at launching a balanced implementation of law enforcement and environmental conservation that become a reference for success for the future Rembang Police in handling cases of illegal logging..Keywords: Environmental Conservation, Criminal Law Enforcement, Illegal Logging.
KEADILAN HUKUM ANAK KORBAN TINDAK PIDANA KEKERASAN SEKSUAL DI KABUPATEN KENDAL Kismanto Kismanto; Anis Mashdurohatun
Jurnal Hukum Khaira Ummah Vol 12, No 1 (2017): March 2017
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v12i1.1833

Abstract

Background in this study cases of abuse of children aged under 12 years. PPA investigators (Protection of Women and Children) in handling the case are guided by Law no. 11 Year 2012 on Child Criminal Justice System. In the judicial system, it encourages the process of diversion and restorative justice. The formulation of this journal issue: (1) what is the legal protection for the child as a victim; (2) problematic of legal protection for child as victim; (3) legal justice model for children as victims of sexual violence crimes with child offenders under 12 years old based on restorative justice in Kendal District. The purpose of this study is to understand: (1) legal protection for children as victims; (2) legal protection problems for children as victims: (3) legal justice model for children as victims of sexual violence crimes with child offenders under 12 years old based on restorative justice in Kendal district. To collect data, the authors use interview techniques with guided free techniques. The results of this study are: (1) legal protection for children as victims of sexual violence criminal acts that all decision-making should always consider the survival and growth of children. The current regulation is deemed not to consider justice from the side of the victim maximally applicable to law enforcement practices so that the child as victim does not get legal protection or justice optimally. (2) the problem of legal protection for children as victims of sexual violence including law norms regulating the criminal justice system of children is not sufficient in responding sociology societal development exposed to progress of science and technology (Internet). The proof of law enforcers make discretionary decisions (legal policies) that adjust to the development of sociology of society. (3) the justice model for children as victims of criminal acts transformed from restorative changes into substantive justice format. That is how victims and families of victims really feel fair. A sense of justice that meets the victim's needs such as future compensation for the victim and the alienation of the perpetrator from the neighborhood of the abusive victim. Legal protection is a fulfillment of a sense of justice for children on social dimensions, emotional and paedegogis children. Keywords: Legal Protection, Child in Law, Diversi,Restorative
UNDERSTANDING ISLAMIC EPISTEMOLOGY IN THE DEVELOPMENT OF LEGAL SCIENCE Pramushinta, Azzimar Shidqy; Wahyuningsih, Sri Endah
Jurnal Hukum Khaira Ummah Vol 18, No 3 (2023): September 2023
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v18i3.1851

Abstract

Islamic epistemology, or initially better known as the Philosophy of Islamic Law, is basically a new science born long after the establishment of other Islamic sciences. Islamic epistemology gives Muslims more insight into how to philosophize in the way of Islam. This study aims to understand about what is Islamic Epistemology as well as the historical development of Islamic Epistemology. In addition, this study also aims to find out what are the sources of law used in Islamic Epistemology. The method used in this research is the normative juridical method, which is focused to examine the application of rules in positive law. Data of research results that have been obtained and processed, presented in the form of descriptive narrative. The results show that Islamic Epistemology is a branch of the Philosophy of Science and the history of the development of Islamic Epistemology has begun since the time of the Greek philosophers who started by Al-Asy'ari. The sources of law used in Islamic Epistemogy are: Qur'an, As Sunnah, Ijma, and Qiyas.Keywords: Islamic Epistemology, Philosophy, Law Science
DISPARITY OF CRIMINAL DECISIONS IN CORRUPTION CASES IN INDONESIA Mahali, M. Ubab Sohibul; Hanim, Lathifah
Jurnal Hukum Khaira Ummah Vol 19, No 1 (2024): March 2024
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v19i1.1867

Abstract

The purpose of this study is to determine and analyze the Disparity of Sentencing Decisions in Corruption Crimes in Indonesia, to determine and analyze the weaknesses of the disparity of sentencing decisions in corruption cases and their solutions. This thesis uses a normative legal approach method, the research specifications are descriptive analysis, data sources consist of secondary data taken from primary legal materials, secondary legal materials, tertiary legal materials, data collection techniques through literature studies. The results of the study show that disparities in sentencing are still often seen in monitoring trials throughout 2023. The effectiveness of Supreme Court Regulation Number 1 of 2020 has also not been maximized. The weaknesses of the disparity of sentencing decisions in corruption cases are influenced by the weaknesses of the legal structure, namely the positivistic mindset of judges and the second is the non-positivistic mindset of judges. The mindset of judges with a positivistic character places great emphasis on formal text measurements in exploring legal truth, while a non-positivistic mindset can elaborate legal texts with socio-legal contexts in exploring legal truth. The weakness of the legal substance is that the Supreme Court's efforts to avoid disparities in criminal penalties for corruption crimes stipulated in Supreme Court Regulation Number 1 of 2020 concerning the Guidelines for Sentencing Article 2 and Article 3 of the PTPK Law are not accompanied by adjustments to laws and regulations such as the Criminal Code and Criminal Procedure Code. Weaknesses of Legal Culture where there are three cultural aspects that can facilitate corruption, namely family culture, paternalistic societal orientation, and a societal culture that is less courageous to be frank (non-assertive). The solution to these obstacles is based on the empirical reality that the handling of corruption cases by judges has experienced a lot of decline and failure to present laws that are fair, beneficial and protect the interests of society. The mindset of judges with a positivistic character needs to be reorganized based on a new, progressive mindset in deciding various legal problems that have emerged recently which are increasingly complex and complicated, especially in deciding corruption cases. Judge education at all levels and court environments needs to be improved so that judges are able to solve various legal problems appropriately, fairly and wisely. Progressive legal content needs to be elaborated in the education of prospective judges and legal education institutions in general.
KEBIJAKAN HUKUM PIDANA PERTANGGUNGJAWABAN KORPORASI TERHADAP TINDAK PIDANA PERBANKAN DALAM SISTEM HUKUM DI INDONESIA Bambang Purwogandi Dito Ari Legowo; Sri Endah Wahyuningsih
Jurnal Hukum Khaira Ummah Vol 14, No 2 (2019): June 2019
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v14i2.1883

Abstract

Based on the results of this study it is known that all court decisions fully adhere to the principle of legality in the application of legal subjects and offenses under the Banking Act listed in Article 46 s.d. 50 A, which no one applies corporate crime. In addition, there is the application of the Special Law, namely the Law of the Republic of Indonesia Number 20 Year 2001 on the Amendment of Law Number 31 Year 1999 on the Eradication of Corruption, for banking crimes which contain elements of state losses. Banking Act is more oriented on the offender (person), not yet seen victim-oriented criminal type so it should also be considered the existence of criminal damages and corporate probation for corporations with the condition to pay compensation to the victim. However, this idea has not been able to work because of Law Number 10 Year 1998 on Amendment to Act Number 7 of 1992 concerning Banking, the corporation is not a subject of criminal law and may be threatened under the Banking Act.Based on the court ruling that always adheres to the principle of legality, the Special Law related to banking crimes that have included corporations as legal subjects, the application of corporate crime in some countries, the concept of the Criminal Code and some research results or studies of banking victims (bank customers), it is necessary to amend the Banking Law by using Strict Liability theory (in the application of Article 46 paragraph (2) for corporations undertaking unauthorized fund raising) and elaborating Vicarious Liability and Identification theory (particularly the application of Articles 49 and 50 A) so as to include some elements, namely 1) adding the subject of corporation law; 2) in the case of the criminal sanction penalapaan maximum penal amount of material damages suffered by the community (bank customers) and seize the property of perpetrators who came from banking crime to be used to compensate victims (bank customers); 3) to extend the scope of criminal subjects which previously only regulates Shareholders, Board of Commissioners, Directors, Employees and Affiliated Parties to include parties involved in banking crime. Key Words: criminal liability, corporation, banking.
KAJIAN YURIDIS TENTANG PARTISIPASI MASYARAKAT DALAM PEMBENTUKAN PERATURAN DAERAH (PERDA) Studi Terhadap Efektifitas Partisipasi Masyarakat Dalam Proses Pembentukan Perda Di Kabupaten Wonosobo Murkamtoro Prasetyo
Jurnal Hukum Khaira Ummah Vol 13, No 4 (2018): December 2018
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i4.1894

Abstract

Community participation in the formation of local regulations is very important, because the local regulations formed should be in accordance with the wishes and needs of the community. The effectiveness of community participation in the formation of local regulations will determine the quality, impact and implementation of the local regulations established. However, the participation of the people of Wonosobo Regency in the formation of local regulations is poor. Keywords : Effectiveness, Community Participation, and Local Regulation
Kebijakan Formulasi Tindak Pidana Penodaan Agama Dari Perspektif Hukum Pidana Di Indonesia Demi Hadiantoro; Gunarto Gunarto; Lathifah Hanim
Jurnal Hukum Khaira Ummah Vol 15, No 2 (2020): June 2020
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v15i2.2298

Abstract

Indonesia is a God-given country and has a philosophy of the Godhead, therefore realizing the peace of religious life is a legal interest as well as public interest that is duly protected. Thus the legal protection of the existence of legal interest for every citizen, then the provisions on blasphemy of religion should be regulated and protected in criminal law. Based on the above ideas then it can be formulated some problems that is how the current criminal law formulation policy in an effort to overcome religious blasphemy. And what is the future criminal law formulation policy towards the prevention of religious blasphemy in the framework of reform of criminal law in Indonesia. This research is analytical descriptive research with normative juridical approach. The data used are secondary data in the form of primary legal materials, secondary legal materials, tertiary law materials hence data collection techniques used are literature study and documentary of secondary data that has been analyzed. From the result of the research, it can be concluded that the current criminal law used in the effort to overcome the blasphemy is the Criminal Code (KUHP) but contains some weaknesses in the substance of the regulation ie blasphemy is categorized as a crime against public order and there is disharmony between status and explanation staining with text or staining formulation. The effort to overcome the blasphemy of religion in the concept of KUHP 2005 is formulated as a crime against religion and related to religion or to religious life. The upcoming criminal law formulation which specifically regulates the blasphemy of religion should be formulated by considering the integration of religious blasphemy in the concept of the Indonesian Criminal Code 2005 by considering the following matters: 1) the harmonization of material / substance of crime, 2) formulation policy of criminal responsibility, and 3) formulation policy of criminal system and punishment. Keywords: Formulation Policy, Desecration Of Religion, Legal Perspective

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