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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
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Search results for , issue "Vol 13, No 2 (2018): June 2018" : 5 Documents clear
PERLINDUNGAN SUMBER DAYA PERIKANAN UNTUK MENJAMIN TERWUJUDNYA PEMBANGUNAN PERIKANAN BERKELANJUTAN (Studi Terhadap Pelaksanaan Perlindungan Lobster, Kepiting dan Rajungan Berdasarkan Peraturan Menteri Kelautan dan Perikanan Nomor 1/MEN-KP/2015 tentang Penangkapan Lobster, Kepiting dan Rajungan) Di Kabupaten Jepara Ahmad Chotib; Djauhari Djauhari
Jurnal Hukum Khaira Ummah Vol 13, No 2 (2018): June 2018
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i2.1878

Abstract

The Research is the legal research that a descriptive analysis, using the approach empirical juridical, namely to identify and conceptualize law basing on real experiences which is then used to analyze the data and make inferences about the problems studied so that the data needed form-spread distribution of information that does not need to be quantified, with the method of data collection and documentation in the form of literature studies, observations, interviews, using primary and secondary data sources in the form of legal materials. Legal materials obtained from the literature as well as field observations were then analyzed using qualitative descriptive method. Then from this study can dirmuskan several problems: 1) how the implementation of the special protection of fishery resources lobster, crab and crab Jepara based on the Minister of Marine and Fisheries No. 1 / MEN-KP / 2015 ?; 2) What are the barriers and solutions made in the implementation of the special protection of fishery resources Lobster, Crab and Rajungan Jepara?.Based on the survey results revealed that for the protection of fishery resources specifically lobster, crab and crab in the context of preservation there are some attempts to do is to immediately issue implementing regulation on the issuance of Ministry of Marine Affairs and Fisheries No. 1 / MEN-KP / 2015, maximizing socialization of the relevant agencies Regulation of the Minister of Marine and Fisheries No. 1 / MEN-KP / 2015 so it does not happen again the practice of catching lobsters, crabs and crabs in the wild. However in practice there are obstacles in between the absence of instructions and technical implementation of the Regulation of the Minister of Marine and Fisheries No. 1 / MEN-KP / 2015 itself, lack of human resources fishing communities with respect to the pattern of empowerment aquaculture lobster, crab and crab, lack of awareness community in keeping with existing regulations, and weak supervision and therefore contributes to arrests in various district of Jepara that tends arbitrarily without considering the sustainability aspect of course is worrying in terms of quantity which will become extinct.Keywords: resources, fisheries, conservation
PERAN PEMERINTAH DAERAH DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP KEBERADAAN PASAR TRADISIONAL DI KOTA SEMARANG Alif Adibatul Lathifah; Widayati Widayati
Jurnal Hukum Khaira Ummah Vol 13, No 2 (2018): June 2018
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i2.1879

Abstract

Traditional market is the embryo of the beginning of the economy in Indonesia. But lately the traditional market seems to be eroded by the emergence of an increasingly modern market. Competition seems to occur clearly between these two markets, especially in the city of Semarang which is the number of modern markets are increasingly mushrooming. The existence of City Regulation No. 9/2013 Semarang which regulates the traditional market is expected traditional markets still exist in the modern era that has emerged modern market.In this study discusses the current condition of traditional markets in the midst of the emergence of modern markets in Semarang City and How the role of local governments in providing legal protection against the existence of traditional markets in the city of Semarang By using sociological juridical research methods, is expected to observe directly the implementation of the Act / Regional Regulations that have been established by the Local Government of Semarang City with the reality in practice. Researchers in this case make a direct observation about the trading process in the traditional market of Semarang City. The results showed that the economic activity in Traditional Market is slightly disturbed by the emergence of modern market in Semarang City. And with such conditions the traditional market usually makes a strategy to stay competitive with Modern Market. Traditional market conditions in the city of Semarang is still far from expected, the impression of slums, less regular arrangement is still found in the traditional market of Semarang City. And the government of Semarang city is still not maximized when giving sanctions against the economic actors who violate the rules that have been set.Keyword: The Role of Semarang City Government, Traditional Market 
KEBIJAKAN PERTIMBANGAN HAKIM DALAM KASUS TINDAK PIDANA KORUPSI SECARA BERSAMA-SAMA DAN BERLANJUT (Studi Kasus Putusan Nomor 16/Tipikor/2015/PT.Bdg) Resdian Wisudya Kharismawan; Sri Endah Wahyuningsih
Jurnal Hukum Khaira Ummah Vol 13, No 2 (2018): June 2018
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i2.1880

Abstract

Law enforcement against corruption is very urgent to be realized given the corruption crime has been very expanding in the country of Indonesia and is very harmful to the state and citizens. In the judicial process of corruption crime jointly and continuing under the Decision of the Bandung High Court Number 16 / Tipikor / 2015 / PT.Bdg, the judge's ruling becomes an important matter, which determines a person convicted or not. The law gives freedom to the judge to impose a penalty between the minimum and maximum punishment promulgated in the relevant criminal article, in accordance with the provisions of Article 12 of the Criminal Code. However, the point of departure of the judge to impose a conviction is based on the judge's consideration of the threat mentioned in the indicted criminal article. This is the main issue of this research, which is about how the judges judge's judgment policy in the case of corruption crime jointly and continues based on the Decision of the Bandung High Court Number 16 / Tipikor / 2015 / PT.Bdg, and how is the judge's judgment policy should be in the case of a criminal act of corruption jointly and continuously. The method of approach used in this study is empirical juridical, the conclusion of this research is in the criminal imposition of the defendant is still too light compared with criminal sanctions in the legislation and social considerations of the impact of the actions of the defendant, should in case of criminal acts of corruption together and continuing that is related to the provision of Article 10 of the Criminal Code then Criminal in Corruption Criminal can be subject to principal criminal sanction in the form of imprisonment and criminal penalty, and also additional criminal that is deprivation from his position, deprivation of his property if the defendant can not prove that the treasure is not the result of the criminal act of corruption and also as the judge's decision to impose additional additional penalty beyond those provided in the Corruption Act.Key Words :Judge consideration policy based on High Court of Bandung Decision Number 16 / Tipikor / 2015 / PT.Bdg
KEWENANGAN DISKRESI DAN PERTANGGUNGJAWABAN HUKUM DALAM PELAKSANAAN TUGAS DAN FUNGSI KEPOLISIAN Ariakta Gagah Nugraha; Umar Ma’ruf
Jurnal Hukum Khaira Ummah Vol 13, No 2 (2018): June 2018
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i2.1881

Abstract

This research entitled Authority of Discretion and Legal Liability in the Implementation of Duties and Functions of the Police. The purpose of this study: 1) To know and analyze the need to do the discretion in the police. 2) To know and analyze what are the authority of police discretion in Polres Pekalongan City. 3) To know and analyze discretionary legal accountability applied in the execution of duties and functions of police in Polres Pekalongan City.Result of research: 1) Legal basis of Police Discretion among others is Law Number 2 Year 2002 Article 18 paragraph (1). 2) Police Discretion in its implementation need to know the Ethics of Police Profession, 3) Application of Discretion that can not be prosecuted before the law is Discretion Action which is limited by: a. Principle of need, b. Actions that are really for the sake of police duty. c. Destination principle, .d. The principle of balance. Keywords: Discretionary Authority, Implementation of Duties and Functions of the Police
PENERAPAN UNSUR DAPAT MERUGIKAN KEUANGAN NEGARA DALAM TINDAK PIDANA KORUPSI Arif Setiawan; Umar Ma’ruf
Jurnal Hukum Khaira Ummah Vol 13, No 2 (2018): June 2018
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i2.1882

Abstract

Article 2 and Article 3 of the Law on Corruption should be recognized as the most frequently used article by law enforcement officers in ensnaring corrupt perpetrators who have harmed the State's finances. In the implementation of the element "can harm the state finances" often raises the problem that is 1) Is the element of financial losses of the state in corruption crime is the actual loss or potential loss 2) Who is authorized to calculate and declare that there has been a loss of state finances in the criminal act of corruption 3) How method of calculating the financial losses of the state in the criminal act of corruption. Through normative juridical research by means of research literature then research result that to give more legal certainty and justice, element can harm state finance must be understood as actual loss of state finance (actual loss), while most authorized official in counting loss of state finance is BPK RI by using the method of calculation that is adjusted to the modus operandi. Keywords : harm the state finance

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