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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 5 Documents
 1 
Search results for , issue "Vol 12, No 4 (2017): December 2017" : 5 Documents clear
Efektivitas Penerapan Sanksi Denda E-Tilang Bagi Pelanggar Lalu Lintas Berdasarkan Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan (Studi Di Polres Rembang) Setiyanto Setiyanto; Gunarto Gunarto; Sri Endah Wahyuningsih
Jurnal Hukum Khaira Ummah Vol 12, No 4 (2017): December 2017
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v12i4.2293

Abstract

To achieve a relevant evidence of infringement (violation ticket) process its is necessary to have an information system that is supported by a network-based software or website that allows the dissemination of realtime information to every member of the police. The implementation of E-Tilang is could be an effective option to sanction the traffic offenders. Even tough the E-Tilang can not be said that it is effective because not every people in Indonesia are technologically literate. There are still many of them who do not know about the existence of E-Tilang so that they need for more vigorous and equitable socialization abaout it. Therefore this study intends to analyze the effectiveness of the implementation of Sanction of E-Tilang Penalty for Traffic Offenders Based on Law no. 22/2009 on Traffic and Road Transportation in the Territory of the Rembang Police, and to analyze how the implementation, constraints and the effectiveness of E-tilang system in the settlement of criminal cases of traffic violation in Rembang.E-Tilang has some advantages, it has faster service than a conventional one. This system is more practical and fast. The implementation of the electronic ticketing system (E-Tilang) is to facilitate speed and convenience, the openness of the execution of the ticketing process or as a substitute for on-site ticketing process. Some of the benefits for traffic violators in the presence of the E-Tilang system are the transparency of public apparatus's actions in government administration activities, community empowerment where people are expected to transmit the orderly attitude of the traffic after knowing the rules to those around them in order not to violate the existing regulations. The responsiveness of the authorities will be higher and more responsive to public complaints in traffic and equity, where violators with the same offense will get the same fine or penalty. Keywords: Effectiveness, Ticket ticket, E-Tilang, Traffic, Traffic Offense
Eksistensi Penentuan Kerugian Negara Dalam Penyidikan Tindak Pidana Korupsi Bagus Priyo Atmojo
Jurnal Hukum Khaira Ummah Vol 12, No 4 (2017): December 2017
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v12i4.2288

Abstract

State losses are one of the elements that must exist in the criminal act of corruption in the core sense other than other corrupt acts such as gratification. The element of state losses is a fundamental element other than the element of the legal subject of corruption. For that state losses become one of the attention in handling corruption crime. Investigators as the spearhead in criminal law enforcement are those who have the duty and responsibility of conducting an investigation to determine the state losses as well as to find the suspect and how the criminal act of corruption is done and other matters concerning it.The criminal act of corruption in the perspective of positive law is an act that has a fundamental element of state losses. As in the perspective of Islamic Law a criminal act of corruption is a prohibited act or is an act of haram. Determination of state losses has an important existence. State losses are one of the main elements of corruption that must be proven. This causes the determination of losses of the state has a central position for whether or not criminal acts of corruption are prosecuted. Mistakes in determining state losses can lead to failure in law enforcement against corruption.It is necessary to stipulate the party that can determine the state losses other than the CPC and BPKP as mentioned in the Constitutional Court Decision Number 31 / PUU-X / 2012 dated October 23, 2012 due to the provisions on the agency and other parties (including from the company), which may indicating material truth in the calculation of state losses and / or may prove the case in hand as stated in the Constitutional Court ruling the scope is still too wide.Keywords: Existence, State Loss, Corruption
Implementasi Restoratif / Restorative Justice Dalam Penyelesaian Tindak Pidana Kecelakaan Lalu Lintas Yang Dilakukan Oleh Anak Di Polres Rembang Annis Nurwianti; Gunarto Gunarto; Sri Endah Wahyuningsih
Jurnal Hukum Khaira Ummah Vol 12, No 4 (2017): December 2017
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v12i4.2289

Abstract

The traffic accidents enhancement that occurred recently by the children as perpetrators who caused death victims incised black sheets in the traffic law. What people see about an accident occurred was completely the driver error. Meanwhile, according to legal theory that the accident must be seen from the major factor which caused the traffic accidents. This research investigate the implementation, constraints and its solutions in the implementation of restorative justice as a settlement form of traffic accident by children in Polres Rembang. Therefore this study intends to analyze the implementation of restorative justice, analyze the constraints faced by the Investigator and determine the solution of the constraints in the implementation of restorative justice to traffic accidents involving the child as a suspect traffic accident in the Rembang District police territory.The Rembang city police solves the incidents of traffic accidents with children as perpetrators through a diversion process, this was aimed to avoid the children from detention, and from being labeled as a criminal, and teachs the children to responsible for what tey have been done. The problem occurred in implementating the restorative justice were the perpetrators are less cooperative with the victim after the accident, the victim did not want to forgive the perpetrators and the existence of third person who gave bad doctrin, and also the lack of information abaut divesion process in society. The Rembang City Traffic Unit police Officers attempts to avoid conflict / complaints from the victims are, the the officers h neutral, the perpetrators are directed to conduct a good relationship and convey condolences to the victims, conduct deliberation and ask for assistance from the Correctional Institution. Keywords: restorative justice, traffic accident, child offender
Fungsi Pra Penuntutan Terhadap Keberhasilan Pelaksanaan Penuntutan Perkara Pidana Oleh Penuntut Umum Cakra Nur Budi Hartanto
Jurnal Hukum Khaira Ummah Vol 12, No 4 (2017): December 2017
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v12i4.2290

Abstract

The prosecution process of a criminal case conducted by the Public Prosecutor is an estuary from the investigation conducted by the Investigator, but the successful implementation of the prosecution of the criminal case can not be separated from the pre-prosecution role which is also done by the Prosecutor General. Keywords : prosecution, pre-prosecution, prosecutor general
Tindak Pidana Korporasi Dalam Perspektif Kebijakan Formulasi Hukum Pidana Rully Trie Prasetyo; Umar Ma’ruf; Anis Mashdurohatun
Jurnal Hukum Khaira Ummah Vol 12, No 4 (2017): December 2017
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v12i4.2291

Abstract

The role of corporations dominates everyday life, let alone increased privatization. It is no longer the country that provides the needs, but the corporation. Corporations can increase state and labor wealth, but the revolution of economic and political structures has grown large corporate corporations too dependent on corporations so that countries can be dictated to their interests. Based on the above background, then the problem arises how the current criminal law formulation policy in the face of corporate crime, then how the application of criminal law enforcement for this against corporations that conduct criminal acts and how the policy of criminal law formulation in the face of corporate criminal acts in the future which will come. The research method used in this thesis is normative juridical by using secondary data. Data collection is done by collecting and analyzing library materials and related documents. Furthermore, the data are analyzed normatively qualitatively by way of interpreting and constructing statements contained in documents and legislation. The conclusion of this study is that the regulation of corporate criminal sanctions contained in the four laws is inconsistent. The inconsistency in the determination or imposition of the maximum penalty imposed on corporations is also the absence of uniformity in determining when a corporation can be said to commit a criminal offense, uniformity in the arrangement of who may be accountable or prosecuted and convicted, as well as the formulation of a criminal type that may be imposed on corporation that commits a crime.Keywords: Corporation Criminal Action, Formulation Policy, Criminal Law

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