Jurnal Hukum Khaira Ummah
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.
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<![CDATA[PATTERN OF WEIGHTING IN ASES OUTSIDE THE CRIMINAL CODE ]]>
<![CDATA[Satiman Satiman]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
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<![CDATA[The basic discussion regarding this research is what is the basis for legislators to determine the "type and number" of crimes that indicate the nature of the disgrace. Are there certain patterns used by legislators in determining matters outside the Criminal Code, especially to carry out their weighting when compared to the general pattern used by forming the Criminal Code. This research was conducted by using the normative juridical method, especially by analyzing the symptoms indicated by the legislators in the criminal threat they stipulated. The results of this study indicate that in Criminal Law, which is the "symbol" of Criminal Law with the identity of the Indonesian nation, there is no particular pattern found in carrying out criminal penalties. Keywords: Weighting of sanctions in cases outside the Criminal Code and criminal threats.]]>
<![CDATA[Policy Implementation In Promotion Employee Positionin The National Directorate Of Manpower (Human Resource)At The Ministry Of Justice In Timor Leste ]]>
<![CDATA[Adriano Ildefonso Da Cruz]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.26532/khaum.v16i4.19296
<![CDATA[The problems in this research, first: How is the policy implementation in the promotion of employee positions at the National Directorate of Manpower (Human Resource) at the Ministry of Justice in Timor Leste?Second,What are the factors that support and hinder the implementation of policies in the promotion of employee positions at the National Directorate of Manpower (Human Resource) at the Ministry of Justice in Timor Leste?Third,What is the strategy to overcome obstacles to policy implementation in the promotion of employee positions at the National Directorate of Manpower (Human Resource) at the Ministry of Justice in Timor Leste?This research is a researchsociological juridical.The results of the study conclude that the promotion of positions carried out at the National Directorate of Manpower/Human Resource (Directorate Nacional dos Recursos Humano/DNRH) is indeed in accordance with the needs of the institution but is more influenced by political factors, as well as a spoil system in which the appointed officials are an option. superiors who share the same political ideology with them and do not go through a transparent and accountable recruitment process as mandated by the applicable employment law.]]>
<![CDATA[APPLICATION OF CRIMINAL SANCTIONS IN CASES OF MANIPULATION OF DEMAND AND COLLECTION OF HEALTH SERVICES FEES FOR PATIENTS PARTICIPATING IN THE NATIONAL HEALTH INSURANCE PROGRAM ]]>
<![CDATA[Hardy Hutahaean]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
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<![CDATA[The aim of this study is to conduct studies and analyze the weaknesses of the application of criminal sanctions oncases of manipulation of requests and collection of health care costs for patients participating in the National Health Insurance Program so far and provide solutions. The research method used is a normative juridical approach and the type is descriptive qualitative. The data used in this study is secondary data, namely by examining theories, concepts, legal principles and legislation related to this research to be analyzed in order to obtain qualitative data. The conclusion of this study is that there is no formulation of lex specialist criminal sanctions for cases of manipulation of requests for health care costs for patients participating in the National Health Insurance Program. The punishment of the perpetrators of the act of manipulating the demand for fees requires various aspects, including the excesses of the punishment, both to the perpetrators and to the health service ecosystem for the Participants of the National Health Insurance Program. The role of Good Corporate Governance and Good Clinical Governance as a preventive effort in this case is also a very strategic matter.Keywords: National Health Insurance Program; Fraud; Law enforcement.]]>
<![CDATA[Legal Protection Against Victims Of The Crime Of Rapes Based On Justice Value ]]>
<![CDATA[Tatik Zakiyati]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.26532/khaum.v16i4.19287
<![CDATA[There are so many women who experience sexual violence, especially rape, women can't do much to avoid it and are forced to let it happen. The judicial process is often only oriented towards giving punishment but does not pay attention to how to restore the condition of the victim. The problem will be even more complicated, where most of our society views that issues related to decency are still very taboo to be discussed in public, especially the issue of the crime of rape. This study uses a normative juridical approach. The results of this study are 1) the factors have not been implemented because the law, law enforcement officers, the culture of the community and the factors of the facilities or facilities that cause the rights of rape victims which should be regulated and integrated for the right to restitution and or compensation, legal assistance, psychologists, psychiatrists, religious experts or other experts who are able to restore the victim's confidence. 2) Whereas the obstacle that arises comes from the victim, namely the victim herself who wants not to be protected by the Police, because the rape victim refuses to report it. 3) Protection of witnesses and victims according to Law no. 13 of 2006 concerning the protection of witnesses and victims is to provide a sense of security to witnesses and/or victims in providing information in every criminal justice process. Religious experts or other experts who are able to restore the victim's trust. 2) Whereas the obstacle that arises comes from the victim, namely the victim herself who wants not to be protected by the Police, because the rape victim refuses to report it. 3) Protection of witnesses and victims according to Law no. 13 of 2006 concerning the protection of witnesses and victims is to provide a sense of security to witnesses and/or victims in providing information in every criminal justice process. Religious experts or other experts who are able to restore the victim's trust. 2) Whereas the obstacle that arises comes from the victim, namely the victim herself who wants not to be protected by the Police, because the rape victim refuses to report it. 3) Protection of witnesses and victims according to Law no. 13 of 2006 concerning the protection of witnesses and victims is to provide a sense of security to witnesses and/or victims in providing information in every criminal justice process. ]]>
<![CDATA[THE URGENCY OF A SYSTEM APPROACH IN PREVENTION CORRUPTION CRIME OF PROCUREMENT OF GOODS AND SERVICES (ROBERT KLITGAARD'S CDMA THEORY APPROACH ANALYSIS) ]]>
<![CDATA[Danutirtho Satrio Pinandito]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
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<![CDATA[The Corruption Prevention System in the field of procurement of goods and services has improved towards its ideal goal, namely values for money in every aspect of procurement. But there are still hidden criminogenic factors in the current system. This article aims to explain the system for preventing corruption in the procurement of goods and services based on Robert Klitgaard's CDMA theory approach. Secondary data in the form of Laws and Regulations related to the procurement of goods and services is elaborated with Robert Klitgaard's CDMA Theory, through a normative juridical approach. The analysis orientation uses the law and concept approach. The results found first: any loopholes indicated by the strengthening of discretion of officials with an interest in the procurement of goods and services need layered control in limiting their discretionary powers. Second: Monopoly variables in all stages of procurement of goods and services need to be watched out for if practice develops the fact that it is narrowed down to a single supplier and technical specifications that lead to a single supplier. Third: accountability can be strengthened by providing layered supervision, from internal and external sources of the goods and service procurement system.Keywords: Procurement of Goods and Services, Corruption, CDMA Theory]]>
<![CDATA[Juridical Analysis Of Advocacy Switching Reviewed From Advocate Law ]]>
<![CDATA[Muhammad Ali Sariati]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.26532/khaum.v16i4.19288
<![CDATA[This study aims to determine and analyze the mechanism for taking the Advocate's oath after the issuance of the Letter of the Chief Justice of the Supreme Court Number 73/KMA/HK./IX 2015, as well as analyzing the suitability of the Letter of the Chief Justice of the Supreme Court Number 73/KMA/HK.01/IX/2015 in accordance with Article 28 paragraph (1) of Law Number 18 of 2003 concerning Advocates. This type of research is included in the typology of normative legal research, which is a research based on legal materials, both primary and secondary legal materials.Second,The provisions of Article 28 of Law Number 18 of 2003 concerning Advocates emphasize that there is only one organization of Advocates with the aim and purpose of improving the quality of the advocate profession but in fact the purpose of the establishment of Law Number 18 of 2003 concerning Advocates is to limit the Advocate Organization to only one the organization has changed so that there is no longer a limit on the organization of advocates, so that the organization of advocates becomes more and more controlled as a result of the enactment of the Chief Justice of the Supreme Court Number: 073/KMA/HK.01/IX/2015]]>
<![CDATA[Systematic Construction of Articles of Criminal Defamation In the ITE Law ]]>
<![CDATA[Ega Rizky Pangastuti]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
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<![CDATA[Court decisions can be seen as the laboratory of logic after considering (legal reasoning) the legal facts that appear in court. The criminal defamation article has become a controversial law because of its elastic interpretation. The purpose of this article is to examine and analyze the systematic construction of the defamation article and its juridical consequences in article 27 paragraph (3) of Law No.19 of 2016 concerning Electronic Information and Transactions. The method used is normative juridical and analytical orientation using a conceptual approach (Concept Approach) and a statutory approach (Statue Approach). The conclusion of the research is that the systematic construction of criminal defamation articles is formulated first: legal subjects (adresat), second: acts or criminal acts, third: criminal sanctions (jail and fines). The phrase “transmitted” is an extensive juridical formulation/formulation in accordance with the phrase “in public” as formulated in the Criminal Code. Disgraceful acts are formulated cumulatively (the word “and”) include intentionally and without rights (1) distributing and/or (2) transmitting and/or (3) making accessible Electronic Information and/or Electronic Documents. The formulation of the action convicted is cumulative-alternative marked by the phrase "and/or". The juridical weakness of this law is that there is no determination of the offense as a "crime" or "violation". This fact can be interpreted as the skepticism of legislators in the criminal approach in the ITE Law. The juridical consequence of the application of this article is the provision of a complaint offense. It is recommended that the formulation of the complaint offense follow the principle of harmonization of the main criminal law system (KUHP).Keywords: Systematic Construction of Criminal Articles, Defamation]]>
<![CDATA[Harmonization and Good Relations in Polygamous Families ]]>
<![CDATA[Ely Lidiana]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.26532/khaum.v16i4.19291
<![CDATA[This research is made based on facts and circumstances that occur, which is a daily picture of women who live as wives in a polygamous marriage. In this paper, an argument will be presented that will refute the negative opinion of some people about polygamous marriage, where for most people, especially feminists who have the opinion that polygamous marriage is only aimed at venting sexuality and more discriminating against women and children. In proving this argument, the author uses descriptive qualitative research methods with a phenomenological approach where data collection is done by direct observation, interviews and documentation. This research was conducted in a village which is the village where the author was born and is the author's family.]]>
<![CDATA[IMPLEMENTATION OF THE AUTHORITY OF THE HEALTH CENTER FOR SUPERVISION OF CHILDREN'S INTELLIGENT PROPERTY ]]>
<![CDATA[Bernardo da Cruz]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Jurnal Hukum Khaira Ummah ]]>
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<![CDATA[Article 369 of the Civil Code states that if guardianship is ordered by a judge, the clerk at the court concerned must immediately notify by letter of the appointment to the Heritage Hall with a statement. However, not all courts send copies of the existence of guardianship to the Balai Harta Peninggalan. This research is a normative juridical research using secondary data which is supported by primary data in the field. The results of the analysis are presented descriptively. Field data were taken through interviews with the Chair and Secretary at the Balai Harta Peninggalan Semarang. As for the authority of the Balai Harta Peninggalan in supervising the property of minors, it is that the task of the Balai Harta Peninggalan in supervising the guardian's duties does not run properly, especially because there is no synchronization between implementation and the regulations that govern it , where there is a lack of cooperation between relevant agencies, such as the District CourtKeywords: Trust, Heritage Hall, Supervisory Guardian.]]>
<![CDATA[The Effectiveness Of The Death Criminal Threat In The Framework Of Narcotics Crime Handling ]]>
<![CDATA[Didik Risdiyanto]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.26532/khaum.v16i4.19367
<![CDATA[The problems studied and analyzed include how the effectiveness of the death penalty in dealing with narcotics crimes and the death penalty can cause a deterrent effect on narcotics abuse. In Law no. 35 of 2009 concerning Narcotics, there is a death penalty. The eradication of narcotics is not only a discourse, but law enforcement officers such as the police and others must also participate in helping to eradicate narcotics in order to achieve the prosperity and welfare of the Republic of Indonesia that is free from drugs. As a sovereign country, of course, in terms of eradicating narcotics, the government must continue to increase efforts in providing counseling and understanding about the dangers of narcotics and their sanctions as a preventive effort for narcotics circulation so that they can make people aware of the dangers of narcotics. To overcome the widespread circulation of narcotics, in Law no.]]>
