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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 3 (2023): September 2023" : 6 Documents clear
UNDERSTANDING ISLAMIC EPISTEMOLOGY IN THE DEVELOPMENT OF LEGAL SCIENCE Pramushinta, Azzimar Shidqy; Wahyuningsih, Sri Endah
Jurnal Hukum Khaira Ummah Vol 18, No 3 (2023): September 2023
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v18i3.1851

Abstract

Islamic epistemology, or initially better known as the Philosophy of Islamic Law, is basically a new science born long after the establishment of other Islamic sciences. Islamic epistemology gives Muslims more insight into how to philosophize in the way of Islam. This study aims to understand about what is Islamic Epistemology as well as the historical development of Islamic Epistemology. In addition, this study also aims to find out what are the sources of law used in Islamic Epistemology. The method used in this research is the normative juridical method, which is focused to examine the application of rules in positive law. Data of research results that have been obtained and processed, presented in the form of descriptive narrative. The results show that Islamic Epistemology is a branch of the Philosophy of Science and the history of the development of Islamic Epistemology has begun since the time of the Greek philosophers who started by Al-Asy'ari. The sources of law used in Islamic Epistemogy are: Qur'an, As Sunnah, Ijma, and Qiyas.Keywords: Islamic Epistemology, Philosophy, Law Science
LAW ENFORCEMENT ON THE UTILIZATION OF STATE-OWNED ASSETS IN THE KEDUNGOMBO RESERVOIR REVIEWED FROM ARTICLE 167 OF THE CRIMINAL CODE Krispriati, Desika Ratnaningtyas; Purnawan, Amin
Jurnal Hukum Khaira Ummah Vol 18, No 3 (2023): September 2023
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v18i3.1852

Abstract

Kedungombo Reservoir as an asset of State property, experiencing problematic area management related to legal aspect. These problems include the uncontrolled number of floating net cages, land conversion, and unauthorized land grabs. This journal is based on the question of how 1) the system of preventing the use of state assets, 2) law enforcement in terms of Article 167 Paragraph (1) of the Criminal Code, and 3) what are the constraints and solutions to prevent the utilization of state assets by non- interested in the Kedungombo Reservoir of Central Java. The objective is to know and analyze 1) the system for preventing the use of state property assets; 2) law enforcement viewed from Article 167 Paragraph (1) of the Criminal Code and 3) obstacles and solutions to improve the prevention system of utilization of state property assets. The approach used is sociological juridical. The result of the research explains that the prevention system of the utilization of state-owned assets consists of input components, in the form of regulations related to the utilization of reservoirs, BBWS Pemali Juana, stakeholders and Local Government. The process, regulatory awareness efforts, community empowerment activities to strengthen aspects of community welfare. The output of the interdependence of roles between BBWS, the community and stakeholders in managing the reservoir for the sustainability of its resources is maintained. The main activities of active approach is to run the program of preventing the damage of natural resources and its infrastructure, as well as the socialization of the crime of natural resources in accordance with the laws and regulations. While the passive approach collects reports from the public associated with the destruction of natural resources and facilities. Law enforcement of the utilization of state property assets in the reservoir under article 167 of the Criminal Code includes reprimands and appeals, or the maximum form of making Statement by unauthorized parties. Obstacle prevention system utilization of State Property Assets in Reservoir is derived from water resources that experience sedimentation and behavior of the surrounding community who built illegal buildings and planting corn in Green Belt protected area and the use of floating net cages that exceed the limit. The solution is the application of environmentally friendly agriculture (terracing), maximizing the utilization of organic fertilizers and pesticides. In addition, fishery cultivation is limited. The surrounding community behavioral constraints are resolved with legal awareness and economic reinforcement through a non-penal approach by multiple stakeholders and defensive strategies.Keywords: Law enforcement, utilization of state property, article 167 of the Criminal Code.
APPLICATION OF THE LAW ON CORRUPTION CRIMINAL ACTS IN HANDLING BANKING CRIMES AT PT BRI (PERSERO) TBK UNIT GEMOLONG 1 SRAGEN IN THE FRAMEWORK OF SAVED STATE FINANCES Suwardi, Didi; Bowo Suharto, Rakhmat
Jurnal Hukum Khaira Ummah Vol 18, No 3 (2023): September 2023
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v18i3.1853

Abstract

The study is a critical study of the implementation of the Corruption Act in order to save the state finances (Case Study Against Corruption at PT BRI (Persero) Tbk Gemolong Unit 1 Sragen). The results of the study found that 1) The occurrence of irregularities in the granting of People's Business Loans at PT BRI (Persero) Tbk Gemolong I Sragen Unit that is the target of large credit distribution, frequency many, simple conditions and field officers are limited without balanced the system of adequate control. In addition, the existence of moral elements hazzard, namely the occurrence of collusion. 2) The application of the Corruption Crime Act in the handling of Banking Crime in the Court of Corruption, namely Defendant CHOYUM MUFIDAH, SE Binti SULAIMAN has been proven legally and convincingly guilty of committing a crime as violated Article 3 Paragraph (1) jo. Article 18 Paragraph (1) Sub-Paragraph a and b of Law of the Republic of Indonesia Number 31 Year 1999 concerning the Eradication of Corruption which has been amended by Law of the Republic of Indonesia Number 20 Year 2001 regarding Amendment to Law of the Republic of Indonesia Number 31 Year 1999 regarding Eradication of Corruption jo. Article 55 Paragraph (1) to-1 of the Criminal Code jo article 64 paragraph (1) of the Criminal Code in Subsidair indictment. 3) Obstacles in the application of the Corruption Act in the handling of Banking Crime at PT BRI (Persero) Tbk Gemolong Unit 1 Sragen in order to save the State Finance that the Public Prosecutor can not prove primary claims.Keywords: Corruption,  Banking Crime
ANALYSIS OF THE RESULTS OF THE TOGEL GAMBLING CRIMINAL TRIAL IN THE GROBOGAN COMMUNITY (Case Study at the Purwodadi District Court) Nur Oktavia, Fera Dyah; Gunarto, Gunarto
Jurnal Hukum Khaira Ummah Vol 18, No 3 (2023): September 2023
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v18i3.1854

Abstract

This research background of gambling case in Grobogan society which increasingly rampant and disturbing society. The juridical guidelines in this case refer to the Criminal Code in Article 303 paragraph (3) amended by Act Number 7 of 1974 concerning Gambling Control. Gambling contains three main elements as the main features of the game (race), the chances and the bet. The formulation of this thesis problem includes: (1) How are criminal sanctions against perpetrators of Gambling Crimes according to Positive Criminal Law at this time? (2) How is the application of criminal sanctions against perpetrators of the Togel Gambling in Purwodadi District Court? (3) What is the consideration for the judge in deciding the Crime of Gambling Togel in Purwodadi District Court? The purpose of this research is to know and explore: (1) criminal sanction against perpetrator of Gambling Crime according to Positive Criminal Law at this time. the application of criminal sanctions against perpetrators of the Toll of Togel gambling. (3) consideration for judges in deciding the Crime of Gambling Togel in Purwodadi District Court. The authors collected data, using interview techniques to judges who decided the case of gambling in the Purwodadi District Court. The research resulted in the findings of legal facts, namely: (1) In accordance with the decision Number 09 / Pid.B / 2017 / PN PWD Article 303 paragraph 3 of the Criminal Code, the Public Prosecutor has filed a 10-month imprisonment, but the Court Judge State of Purwodadi give demands to the Defendants is lighter ie Criminal Criminal for 6 (six) months. (2) The application of legal certainty, the Prosecutor shall ensure the Defendant through examination of the evidence contained in a copy of the above court decision with Article 303 paragraph (1) of the Criminal Code jo article 55 paragraph (1) of the Criminal Code and prosecuted for 10 (ten) months minus the period of detention, while the Panel of Judges decide cases based on consideration given the provisions, Law no. 8 of 1981 and the relevant articles and rules, the Defendants were sentenced to 6 (six) months imprisonment. (3) Judge consideration in deciding cases is a gambling game based on the expectation of winning in general depending on the luck alone, the greater expectation gives birth to the element of speculation in the game and this is not authorized by the authorities based on the disturbing nature of society.Keyword : Gambling Crime, the Criminal Code in Article 303, Criminal Cage
RESTORATIVE JUSTICE POLICY IN HANDLING TRAFFIC ACCIDENT CASES IN THE JURISDICTION OF WONOSOBO POLICE Nurhasan, M. Nurhasan
Jurnal Hukum Khaira Ummah Vol 18, No 3 (2023): September 2023
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v18i3.1855

Abstract

The Restorative Justice Policy in Wonosobo District Police is conducted to create a sense of justice and humanity, prioritizing the interests of victims and perpetrators to reach an agreement together to seek a solution to the crime and its implications by emphasizing on recovery rather than retaliation.The method used is sociological juridical research. Specification of research that writer use that is descriptive qualitative. Data collection techniques with interviews to the parties involved in research, direct observation and document recording.Factors that hamper the investigator unit laka then Polres Wonosobo in the implementation of restorative justice that there are families of victims who do not want to forgive the perpetrators because the losses suffered by the victim is large enough that the victim's family demanded a substantial amount of compensation where the family of perpetrators who came from ordinary family Find it difficult to meet the demands of the victim's family and there is still a negative stigma of the community, especially the victims against law enforcement officers in applying the concept of restorative justice.Keword :Restorative Justice, Criminal Act, Traffic accident.
COORDINATION AND SUPERVISION OF POLICE INVESTIGATIONS OF CRIMINAL INVESTIGATION PROCESS CARRIED OUT BY CIVIL SERVANT INVESTIGATIONS Supiyanto, Asep; Wahyuningsih, Sri Endah
Jurnal Hukum Khaira Ummah Vol 18, No 3 (2023): September 2023
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v18i3.1850

Abstract

Coordination and Controlling function of the Police Investigators on the process of criminal investigations by the Civil Servant Investigators has been regulated in the Criminal Law Code of Criminal Procedure, Law of the Republic of Indonesia Number 2 of 2002 on the Indonesian National Police, and the Regulations of the Indonesian National Police Chief number 6 of 2010 concerning investigations management by the Civil Servants investigators and the Regulation of the Indonesian National Police Chief number 20 of 2010 on Coordination, Supervision and Development Investigations for Civil Servants Investigators. Coordination activities include notification of commencement of the investigation, providing investigative assistance to the civil servants Investigator (in the form of technical assistance, tactical aid, relief efforts to force, and consulting assistance), submission of case files, the transfer of suspects and material evidence, termination of the investigation, information exchange, regular meetings, and joint investigations. While controlling function includes to attend and give instructions in case the title is held civil servant investigator, ask for and examine the progress of the investigation report of the civil servant investigators, examine the results of the investigation file and then going to the General Prosecutor, with the ranks of supervision civil servant investigators as requested by agency investigators led civil servants, perform data collection on the number of civil servant investigator, institution and area of assignment civil servant investigator, handling the case made by the civil servant investigators and aid the investigation, and analyze and evaluate the implementation of the investigation by the civil servants investigators. In practice in the field, coordination and controlling function does not ensure an optimal, even in defiance of regulations. Keywords: Coordination, Controlling and Investigation.

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