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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 6 Documents
 1 
Search results for , issue "Vol 18, No 2 (2023): June 2023" : 6 Documents clear
LEGAL PROTECTION FOR WOMEN AND CHILDREN WHOSE MARRIAGES ARE NOT REGISTERED IN INDONESIA Rochayat, Sukma; Khisni, Akhmad
Jurnal Hukum Khaira Ummah Vol 18, No 2 (2023): June 2023
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v18i2.1839

Abstract

The benefits of marriage recording are very important. Marriage is not listed, greatly disadvantages the position of the married woman and the child being born. There is no legal consequence for undocumented marriages. Wife and child have no legal standing and no legal protection. There are sanctions for offenders of marriage registration law. If marriage has taken place, then it can be acknowledged to the child and performed marriage itsbat.Keywords : Legal Protection, Women and Children, Marriage
LEGAL REVIEW OF DISHARMONIZATION OF REGIONAL REGULATIONS IN MAGELANG REGENCY (Study of Regional Regulation Number 2 of 2013 Concerning Livestock Business) Ikrar Prasetya, Tabah; Hafidz, Jawade
Jurnal Hukum Khaira Ummah Vol 18, No 2 (2023): June 2023
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v18i2.1840

Abstract

The 1945 Constitution of the State of the Republic of Indonesia authorizes local governments to organize and manage their own governmental affairs according to the principle of autonomy and co-administration. Implementation of local government in carrying out its duties, authorities, obligations and responsibilities under higher legislation may establish regional policies formulated in regional or local regulations. Such regional policy shall not be contrary to the higher laws and regulations and the public interest and other regional regulations. Local Government of Magelang Regency has a regulation regulating the implementation of Livestock Business namely Regional Regulation No. 2 of 2013 on Livestock Business (Lembaran Daerah Magelang Regency Year 2013 Number 2). However, there is disharmonization with other laws and regulations that are equal. There are several articles in Regional Regulation No. 2 of 2013 on Livestock Businesses that are not in harmony with other Regional Regulations resulting in disharmonization. The need for harmonious and integrated legislation is an indispensable requirement for the realization of order, ensuring legal certainty and protection. Efforts that can be done to overcome disharmonization of a legislation such as, namely; To revoke certain articles that have disharmony or all articles of legislation in question by the institution / institution authorized to form it, to submit a judicial review request to the judiciary, to ensure that the process of formulating the law shall be conducted in accordance with the principle of legal certainty, harmonization , Rounding, consolidation of the conception of the draft Local Regulation, is an attempt or process to realize harmony, conformity, harmony, suitability and balance among various elements in drafting the draft Law as a unanimity of a whole, compact or solid idea as an integral part of the whole system Hierarchically arranged legislation.Keywords: Disharmonization, Regional Regulation on Livestock Businesses of Magelang, Efforts to prevent disharmony
ISLAMIC LAW STUDY ON THE DISTRIBUTION OF INHERITANCE FOR WIVES WHO BEAR THE FAMILY'S ECONOMIC BURDEN IN DEMAK Abshor, Ulil
Jurnal Hukum Khaira Ummah Vol 18, No 2 (2023): June 2023
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v18i2.1841

Abstract

In this study, researchers examined the division of inheritance rights of women who work, in the view of Islam, the religious law of Islam views women especially in the study of women standing as a wife is no longer a career woman herself, she has become the right of the husband is no longer the rights of the elderly , the wife's good nature to help it, once again not to meet the needs of the family. This is not apart from the fact that sociological factors experienced by the women, in this case the wife who entered the modern era is a lot of wives who work to help the family economy even provide for the continuity of the family . This sometimes makes ricuhnya division of inheritance that occurred in the county Demak. One alternative to this problem is to prove by further data and research related to the rights of a woman in this case working wives who bear the economic part of the next of kin in the family. Understanding the obstacles and barriers experienced by a wife who works and trying to provide for his family in the division of the estate is a part. The purpose of this thesis writing which help provide knowledge and insight is deeply concerning hasanah Mawaris law, in particular the division of inheritance law wife of obtaining one per four-piece if it does not have children yet, if left offspring wife's part is one-eight. Thus God governs in the Qur'an Surah an Nisa 'verse twelve. Islamic law division of inheritance has been very fair, especially women, Islam does not mengkastakan women, especially mothers. Mother called the prophet three times by the king of the Prophet Muhammad, far above the father. Therefore, although the wife gets one per eight if she's a mother, does not matter to him, because the mother still gets consecrated a son, whose value is far from one-fourth and one-eight inheritance. Especially in Islamic law recognize shirkah.Keywords: wife, solehah, law.
INHERITANCE LAW OF GRANDCHILDREN IN ISLAMIC MAJORITY COUNTRIES AND ANALYSIS OF ARTICLE 185 OF KHI IN INDONESIA Dazriani, Wa Dazriani
Jurnal Hukum Khaira Ummah Vol 18, No 2 (2023): June 2023
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v18i2.1844

Abstract

Muslim jurists agree to impose Islamic law on the life of Muslims. The fundamental issue in Islamic law is the question of the development of modern life which is followed by new legal problems which require an answer to it by using Islamic law. The field of inheritance law has experienced a very significant development, caused by the increasingly complex needs of society and its thinking can change in accordance with the times. Among them are Islamic inheritance law is developing with the existence of surrogate heirs, whose application in Indonesia is regulated by Compilation of Islamic Law (KHI). The objection to the sound of Article 185 KHI about the successor heir is still very often debated and considered vulnerable to multiple interpretations even by the judges in Religious Courts. The word "can" allows for "ijtihad" or judge's judicial independence when it comes to deciding cases. In connection with this, the question arises, how the law of inheritance of grandchildren in Muslim majority countries and how the analysis of Article 185 KHI in Indonesia? Furthermore, it will be studied by using library method, that is by collecting library data and primary data that will support this research.Keywords: Inheritance Law, Substitute Heir
IMPLEMENTATION OF PERMA NUMBER 2 OF 2012 AND ITS RELEVANCE IN HANDLING THEFT CRIMINAL ACTIONS TO REALIZE SUBSTANTIVE JUSTICE (Case Study at Semarang Police) David Putraningtyas, Agustinus; Purnawan, Amin
Jurnal Hukum Khaira Ummah Vol 18, No 2 (2023): June 2023
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v18i2.1838

Abstract

The research problem as follows: how the implementation of Perma Number 2 Year 2012 in handling criminal theft in Polres Semarang; How is the legal consequence of the criminal act of theft; What constraints arise in the implementation of Perma No. 2 of 2012. The result of the research concludes that Implementation of Perma Number 2 Year 2012 in handling criminal theft in Polres Semarang in this case has been applied as possible. The legal consequences in handling criminal theft in Polres Semarang to realize substantive justice based on Perma No. 2 of 2012 can be known from the cause of the failure of criminal justice in Polres Semarang because during the implementation of material criminal law is bound by formal legality as regulated in KUHAP. The obstacles are the limitations of Semarang Police personnel, budget, and investigation ability in conducting an investigation.Keywords:  Implementation, Supreme Court Regulation, Theft Crime
Criminal Fines For Traffic Violations In The View Of Islamic Law Setiawati, Sri; Hartati, Sri
Jurnal Hukum Khaira Ummah Vol 18, No 2 (2023): June 2023
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v18i2.35344

Abstract

In the realm of Islamic jurisprudence, ulil amri assumes the responsibility of crafting broad regulations, such as those pertaining to traffic and immigration, with the intention of overseeing human conduct and endeavors while averting disorder.It is known that traffic rules are made to protect the interests of road users, even though in reality there are still many road users who violate traffic rules. The government and DPR made regulations contained in Law No. 22 of 2009. This law is considered less than optimal because ordinary people often think that the police decide the amount of the violation fund which is called "deposit money" for criminal fines for past violations. cross. The purpose of this research is to review the application of criminal fines for traffic regulations based on Law No. 22 of 2009. This research is qualitative research using data collection methods, data presentation methods, and data analysis methods. The theory used in this research is Legal Theory which is detailed in depth. The results of the research show that the implementation of criminal fines for violators of traffic regulations is broken down into 4 sub-chapters, namely (1) Violations of Traffic Regulations, (2) Various Traffic Violations According to No. 22 of 2009, (3) Criminal Sanctions of Fines, and (4) Judge's Decision and Implementation of Criminal Sanctions of Fines to people who violate Traffic Regulations; and Obstacles that often occur in the implementation of criminal compensation penalties for violating traffic regulations and efforts to resolve them.

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