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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 2 (2021): June 2021" : 5 Documents clear
Implementation Of Local Regulations For Village Development Tika Widyana Pratiwi; Siti Rodhiyah Dwi Istinah
Jurnal Hukum Khaira Ummah Vol 16, No 2 (2021): June 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i2.19321

Abstract

This study aims to identify and analyze the implementation of regional regulations regarding village development policies and the factors and obstacles that affect village development. The approach method used in this research is a sociological juridical approach.The Regional Regulation on village development policies regulates Village Development. As mandated by Law Number 6 of 2014 concerning Villages and Government Regulation Number 43 concerning Guidelines for the Implementation of the Village Law, namely the realization of an advanced, independent, prosperous Village without losing its identity. In practice, sometimes what is being carried out is not in accordance with what is aspired so that in this study the author wants to know how to implement Regional Regulations regarding village development policies, what factors and obstacles affect village development in the region by using normative juridical research methods. As for the facts found that the implementation of regional regulations on village development policies has not been fully implemented. Resources are critical to effective policy implementation. In implementing the Regional Regulation on village development policies, there are still obstacles related to the availability of resources. Regional regulations regarding village development policies are actually directed at efforts to bring about change in society for the better. These changes will be successful if the community has the resources and attitudes that are conducive to policy.
Implementation Of The Diversion Method For Children In Confrontation With The Law In Child Criminal Judgment Process Miranda Dalimunthe; Ira Alia Maerani
Jurnal Hukum Khaira Ummah Vol 16, No 2 (2021): June 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i2.19335

Abstract

The purpose of this paper is to find out, examine and analyze the procedural diversion for children in conflict with the law in the Juvenile Criminal Justice System.In this paper the author uses a normative juridical method. In the conclusion of the discussion, children in conflict with the law are considered as legal subjects who are not yet competent and cannot understand what they are doing. Investigation of children's cases is carried out by investigators determined by the Decree of the Head of the State Police of the Republic of Indonesia or other officials appointed by the Head of the State Police of the Republic of Indonesia. If the Diversion is successful in reaching an agreement, the Investigator will submit the Minutes of the Diversion along with the Diversion Agreement to the head of the district court for a determination to be made. On the other hand, if the Diversion process fails, the Investigator is obliged to continue the investigation and delegate the case to the Public Prosecutor by attaching the Diversion Report and the community research report. Children who are arrested must be deposited in the LPKS. The cost for each child placed in LPKS is charged to the budget of the ministry that carries out government affairs in the social sector.
Juridical Review of the Formulation of Criminal Sanctions Against Narcotics Crime Actors Based on Positive Criminal Law Sandika Dwi Nugroho; Arpangi Arpangi
Jurnal Hukum Khaira Ummah Vol 16, No 2 (2021): June 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i2.19343

Abstract

The purpose of this study is to describe, examine, and analyze the formulation of criminal sanctions against narcotics criminals based on positive criminal law and the weaknesses of the formulation of criminal sanctions against narcotics criminals based on positive criminal law and policies for formulating criminal sanctions against narcotics criminals in reform future criminal law. This study uses a normative juridical approach. The results of the study state that (1) The formulation of criminal sanctions against narcotics criminals in Law Number 35 of 2009 is regulated in Article 111 - Article 148, with the provisions: (a) sanctions in the form of crime and action; (b) criminal sanctions in the form of capital punishment, imprisonment, confinement, and fines as well as additional penalties in the form of: revocation of certain rights against corporations; (c) action sanctions in the form of medical and social rehabilitation as well as expulsion and prohibition from entering Indonesia for foreigners; (d) the number/length of criminal sanctions varies; (e) criminal sanctions are formulated in single, alternative, cumulative and combination forms; (f) there is a specific minimum criminal penalty; (g) the weighting of the crime; (g) trial and conspiracy shall be punished with the same crime as committing a crime; and (h) a fine that cannot be paid, is sentenced to a maximum imprisonment of 2 years. (2) the weaknesses of the policy on the formulation of criminal sanctions in Law Number 35 of 2009 are: (a) criminal sanctions are formulated in a cumutative manner, there are no rules for corporations that do not pay fines and the types of sanctions are not specific; (b) a minimum criminal threat specifically deviating from the Criminal Code system,
Criminal Accountability of Children as Perpetrators of the Crime of Obscenity Baryadi Baryadi; Jawade Hafidz
Jurnal Hukum Khaira Ummah Vol 16, No 2 (2021): June 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i2.19324

Abstract

This study aims to determine and analyze the concept of criminal responsibility against children who are perpetrators of criminal acts of sexual abuse, study the decision of the case number 03/Pid.Sus.Anak/2020/PN.Wsb. The legal research method used in this study is a sociological juridical approach. Criminal responsibility for perpetrators of sexual abuse is not only applied to adults but also to children, as regulatedArticle 76E of the Law on Child Protection, and the sanctions are regulated in Article 82 of Law No. RI. 17 of 2016 concerning Child Protection. The application of sanctions against children who have committed crimes has been regulated in Article 71 and Article 82 The Juvenile Criminal Justice System Act includes principal crimes and actions. Children who commit crimes of sexual abuseIn the decision of Case Number: 03/Pid.Sus-Anak/2020/PN.Wsb the judge has given criminal sanctions to the child perpetrator with two main criminal sanctions, namely imprisonment (article 71 paragraph 1 letter e) and job training sanctions in lieu of fines. if not paid (article 71 paragraph 1 letter c), Law Number 11 of 2012 concerning the juvenile criminal justice system. In The imposition of criminal penalties for children who are perpetrators of crimes must be wiser by taking into account the best interests of the child, and imprisonment is only carried out as a last resort. negative for the future.
Local Government Policies Related To Transfer Of Agricultural Land Functions To Non Agricultural Governments Sutapa Mulya Sanjaya; Widayati Widayati
Jurnal Hukum Khaira Ummah Vol 16, No 2 (2021): June 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i2.19344

Abstract

The purpose of this study was to determine and analyze the Batang Regency Government's Policy Regarding the Transfer of Agricultural Land Functions to Non-Agriculture.In this paper, the author uses a sociological juridical method. In the discussion that the uncontrolled transfer of agricultural land to non-agricultural functions can have an impact in the form of disturbances to the balance of the environment and a decrease in agricultural production, especially rice. Disturbances to the environment occur, for example, housing construction causes flooding in the area below. In general, the Batang Regency Government's policies related to the conversion of agricultural land to non-agriculture in the form of several regulations and their implementation have not fully protected food agricultural land as mandated by the Law on Protection of Sustainable Food Agricultural Land. The stipulation of the Regional Regulation on the Batang Regency Spatial Planning has not been followed by the stipulation of detailed regulations.

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