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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 15, No 1 (2020): March 2020" : 5 Documents clear
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
Teknik Pembelian Terselubung Dalam Penyidikan Tindak Pidana Narkotika Sapto Winengku; Umar Ma’ruf
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.v15i1.2304

Abstract

One of the techniques used by investigators in conducting an investigation of narcotic crime is a covert purchasing technique. The investigator himself and / or use other people to purchase narcotics with supervised then arrested the perpetrator along with the evidence. The authority of Polri investigators to make a covert purchase under Article 75 hurif j and Article 79 of Law Number 35 Year 2009 concerning Narcotics is to conduct investigation techniques of veiled purchases and submission under supervision.Narcotics crime is a violation of the criminal provisions in Law Number 35 Year 2009 on Narcotics, either directly related to the misuse of narcotics or acts related to the misuse of narcotics. The covert purchase technique in the investigation of narcotic crime is the undercover buy technique which is done to search and collect the evidence which with the evidence makes light of the narcotic crime and to find the suspect.Covert purchase techniques in narcotic drug criminal investigations are vulnerable to misuse. Investigators may trap someone by ordering a covert purchase and / or supervised submission then making the arrest. Therefore, there is a need to restrict the purchase and / or covert delivery in the investigation of narcotic crime. For example a covert purchase can only be done by the investigator himself and prohibit the acceptance of community members.Keywords: Covert purchase, Investigation
Penegakan Hukum Terhadap Tindak Pidana Penipuan Calon Jemaah Umroh Sigit Prihanto
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.v15i1.2305

Abstract

The fraud of prospective jemaah umrah in Indonesia has recently become one of the many cases that concern the public. This is because the number of people who become victims with the amount of losses reaching billions rupiah. The enforcement of the law during the case of jemaah umroh in Indonesia has prioritized general law in its investigation process. Police in particular, as the front guard in their law enforcement process through investigation, tend to use the Criminal Law as a basis in processing suspects. One of the principles of criminal law is a special law that excludes general law, known as lex specialis derogat legi generali. The thoroughness in law enforcement process is what should be done by law enforcers in handling cases of fraud against prospective jemaah umroh that happen in Indonesia.Keywords: Law enforcement, Fraud, Jemaah Umroh/ Umroh Goups
Pemalsuan Mata Uang Sebagai Kejahatan Di Indonesia Agus Arif Wijayanto
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.v15i1.2306

Abstract

A crime of money forgeries in Indonesia has been categorized into two subjects which is imitating the money and distributing the counterfeit. The regulation about it is penalty arranged in the Rule Number 7 on 2011 about The Law of Currency. The distribution of counterfeit money in Indonesia occurs because there are a lot of people who have a below average income. Another factor is the misapplication of technological advances. Thus, the Government of Indonesia is being expected for making a revision within the regulation about The Currency with publishing it is own punishment and the minimum fine in order to make the purposes of the punishment becoming more effective that is for causing a deterrent effect to making it achieveable. Beside that, The Law Enforcer must be more honouring the professionalism in carrying out it is role and job within the effort of Law Enforcement against Counterfeiting cash crime in Indonesia. Key Word: Counterfeiting, The Currency, Crime
Penerapan Restoratif Justice Dalam Penanganan Konflik Di Masyarakat Agni Wisnu Brata; Amin Purnawan; Ira Aulia
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.v15i1.2307

Abstract

Solving problems or conflicts in criminal cases, not necessarily solved through legal channels or through courts. So far, in the process of lawsuit as stipulated in the Criminal Procedure Code, the interest of the victim does not get attention, so that what the victim and the family want can not be fulfilled. The imposition of criminal judgment, not effective because it has not been able to provide deterrent effect for the perpetrator. In addition, the victim's losses are not compensated. Therefore, the settlement of criminal cases by applying restorative justice will be able to provide solutions for the handling of conflicts in the community, involving the perpetrators, victims, communities, and law enfor-cement.Keywords : Restorative Justice, Conflict, and Society

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