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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 16, No 1 (2021): March 2021" : 5 Documents clear
Termination Of Household Abandonment Case Investigation Julkipli Ritonga
Jurnal Hukum Khaira Ummah Vol 16, No 1 (2021): March 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i1.19285

Abstract

In this study, the researcher will discuss the handling of cases of household abandonment at the Tabanan Police Criminal Investigation Unit with Police Report Number: LP/195/XII/2013/BALI/RES TBN About Household Abandonment, which was then stopped the investigation. In this case, neglect is carried out by a husband by leaving his wife and child for a long time without providing physical and spiritual support. This act is certainly a violation of the rights of his wife and children.An investigation was carried out on this case, but then the investigation was stopped on the grounds that there was not enough evidence with the consideration that they were having a nyentana marriage, where the women were purusa or the head of the household and the men were predana or housewives. The researcher's opinion is that it is necessary for the case to be delegated to the court level to obtain a judge's decision in order to obtain legal certainty so that later it can be used as jurisprudence for law enforcement. The theories and concepts used to analyze the problems in this study are the concept of stopping the investigation, the concept of domestic violence, the concept of customary offenses and the concept of marriage nyentana. This study uses a qualitative approach with case study research methods. 
The Status of Children Due to Underhanded Marriages after Marriage is Recorded without Marriage Isbat Iskhaq Iskhaq; Sri Kusriyah
Jurnal Hukum Khaira Ummah Vol 16, No 1 (2021): March 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i1.19312

Abstract

This study aims to determine the status of children due to underhanded marriages whose parents have remarried (new) and are registered with the Marriage Registrar, without marriage isbat for their previous marriages. This study uses a normative juridical research method, which focuses on examining the laws and regulations and the determination of the Religious Courts regarding the status of children born as a result of underhanded marriages. Based on the results of the study, it can be concluded that the Religious Courts in determining the application are guided by the rule that the legal status of a child born as a result of an underhand marriage depends on the validity of the marriage (marriage contract) of both parents which at that time was carried out under the hands, namely the marriage must meet the pillars and conditions of marriage and there are no obstacles to marriage according to Islamic law in accordance with statutory regulations. If these things are not fulfilled, then the child's status is only related to his mother and his mother's family. The re-marriage (new) that is registered is not retroactive so that it does not necessarily have legal consequences on the legitimacy of the child.
Restitution as a Form of Protection against the Rights of the Child Victims Eko Febrianto
Jurnal Hukum Khaira Ummah Vol 16, No 1 (2021): March 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i1.19294

Abstract

This study aims to determine and analyze how the mechanism for implementing restitution for child victims of crime. This research uses normative juridical writing method. The results of this study are that in the Government Regulation of the Republic of Indonesia Number 43 of 2017 concerning the Implementation of Restitution for Children Who Become Victims of Crime, it still has shortcomings, especially regarding substitute punishment if the decision to grant restitution is not implemented, it is not regulated in this government regulation, so hope that This government regulation will serve as a legal umbrella for children who are victims of criminal acts by adding in these government regulations additional penalties, in addition to corporal punishment and fines as the main crime, so that legal certainty for the implementation of restitution for children who become victims of these crimes can be implemented. .
Obstacles To The Investigation Process In The Military Justice System Related To Ankum's Authority As Investigator Wijaya Ardi
Jurnal Hukum Khaira Ummah Vol 16, No 1 (2021): March 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i1.19297

Abstract

The purpose of this research isto analyze the obstacles to the investigation process by Military Police investigators and/or Otmil faced with Ankum's role as an investigator in resolving cases of TNI soldiers. This legal research is a normative juridical research using the Act as the primary legal material. The Military Justice System has three investigator components, namely superiors who have the right to punish (Ankum), Military Police (Pom), Military Oditur (Otmil). Ankum as a criminal investigator is regulated in Article 69 paragraph (1) of Law No. 31 of 1997 concerning Military Courts. Law enforcement in the military justice environment sometimes encounters obstacles, with the large authority of the unit commander as Ankum. The conclusion from this paper is that the obstacles that are often faced are:by investigators of the Military Police and/or Otmil faced with Ankum's role as an investigator in resolving cases of TNI soldiers, among others, a conflict of authority in the investigation process, a conflict of norms in determining the detention of a suspect, Ankum does not meet the formal requirements as an investigator, Ankum tends to defend his subordinates and the investigation takes a relatively long time due to bureaucratic problems. The solution to this problem must be an amendment to the Military Court Law so that there is clear certainty about Ankum's authority in resolving criminal cases committed by soldiers under his command to provide legal certainty for all parties.
The Role Of The Police In Law Enforcement Of Drug Circulation Among Students Bakti Kautsar Ali
Jurnal Hukum Khaira Ummah Vol 16, No 1 (2021): March 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i1.19292

Abstract

The purpose of this paper is to identify and analyze the role and constraints of the Cilacap Resort Police in dealing with narcotics abuse crimes committed by students in the Cilacap Regency area. The research method used is empirical juridical. The results of this study are the role of the police in overcoming narcotics among adolescents, namely eradicating and tackling narcotics abuse, providing socialization and guidance to the community, patrol around a place that is suspected to be a place of sale and a place that is often used for drug parties, in collaboration with community organizations, in collaboration with educational institutions and religious institutions. Constraints experienced by the police are the lack of field coordination and limited personnel during operations, lack of coordination with institutions and agencies in the prevention and eradication process, the presence of law enforcement officers who leak information during raids, lack of funds in terms of making arrests and providing counseling to the public.

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