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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 10 Documents
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Search results for , issue "Vol 19, No 2 (2024): June 2024" : 10 Documents clear
LEGAL IMPLICATIONS OF WITHDRAWAL OF CRIMINAL CASE COMPLAINTS AT THE INVESTIGATION LEVEL Syahputra, Maulana Juardi; Hafidz, Jawade
Jurnal Hukum Khaira Ummah Vol 19, No 2 (2024): June 2024
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v19i2.2583

Abstract

This study aims to determine the legal implications of withdrawing criminal case reports/complaints at the investigation level and to determine and analyze the obstacles to withdrawing criminal case reports/complaints at the investigation level and their solutions. This study uses a Sociological Legal approach and analytical descriptive research type. Based on the research, it is concluded that the person who has the right to withdraw a complaint according to the 1946 Criminal Code and the 2023 Criminal Code is the person who files the complaint within 3 (three) months from the date it was filed and the complaint can be withdrawn by the complainant. Several articles in the 1946 Criminal Code and the 2023 Criminal Code as well as PERPOL Number 8 of 2021 regulate criminal acts for which complaints can be withdrawn at the investigation level.
LEGAL PROTECTION FOR CREDITORS WHOSE CLAIMS ARE REJECTED IN THE POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS Prabowo, Megawati; Purnawan, Amin
Jurnal Hukum Khaira Ummah Vol 19, No 2 (2024): June 2024
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v19i2.2584

Abstract

This thesis aims to analyze the legal protection for creditors whose claims are rejected in the Debt Payment Suspension (PKPU) process based on Law Number 37 of 2004 concerning Bankruptcy and Debt Payment Suspension (UUK-PKPU) and identify the weaknesses that arise in this protection. This study uses a normative legal method with a descriptive analytical approach, by analyzing laws and regulations, court decisions, and related legal literature. Based on the study, it is concluded that legal protection for creditors whose claims are rejected in the PKPU process is still very limited. UUK-PKPU does not provide a renvoi mechanism as in bankruptcy, so creditors cannot file a separate lawsuit with the commercial court. In addition, there are several weaknesses in UUK-PKPU and its implementation, including: lack of clarity and detail in the rules for verifying claims; lack of transparency and access to information for creditors; limited time for verifying claims; and limited forums for legal remedies for creditors whose claims are rejected.
THE ROLE OF THE POLICE IN EARLY DETECTION OF RADICALISM AND TERRORISM Jati, Meidika Dwiantara Putra
Jurnal Hukum Khaira Ummah Vol 19, No 2 (2024): June 2024
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v19i2.2585

Abstract

The purpose of this study is to determine, review and analyze the Police scheme in early detection of radicalism and terrorism. In this writing, the author uses a normative legal method with research specifications in the form of descriptive analysis. Radicalism in Indonesia is always associated with political radicalism. Radical politics in Indonesia is always associated with Islamic radicalism, because of the social and historical review of politics in Indonesia. This caution is needed, because talking about radicalism will very easily connote fundamentalism, militancy or Islamism. By implication, early detection is related to the Intelligence work pattern in this case the Police have an Intelligence unit with all intermediary fields to carry out their functions as the essence of law enforcement. Intelligence detection is not an accusation that a particular organization or group is indoctrinated in radicalism or terrorism. However, with detection, characteristic data will be obtained, data on the beliefs held will be compiled. The mechanism of the Police in carrying out early detection or with the term prevention which is as an action to reduce radicalism and prevent acts of terrorism in order to realize national security through a soft approach and a hard approach.
LEGAL ANALYSIS OF CRIMINAL RESPONSIBILITY OF PERPETRATORS OF THE CRIMINAL ACT OF pimping BASED ON JUSTICE (STUDY OF DECISION NUMBER: 28/PID.B/2017/PN DPS) Puspasari, Maria Alin Agustin; Winjaya Laksana, Andri
Jurnal Hukum Khaira Ummah Vol 19, No 2 (2024): June 2024
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v19i2.1871

Abstract

Mucikari merupakan kegiatan yang diatur di dalam KUHP dan sangat bertentangan dengan kesusilaan, disebutkan istilah mucikari yang tergolong sebagai kejahatan kesusilaan yang diatur dalam BAB XIV Buku ke-II KUHP.. Pada hakikatnya pertanggungjawaban pidana adalah suatu bentuk mekanisme yang diciptakan untuk bereaksi atas pelanggaran suatu perbuatan tertentu yang telah disepakati. Unsur kesalahan merupakan unsur utama dalam pertanggungjawaban pidana. Hal ini disebabkan karena mucikari tidak terlibat secara langsung pada saat dilakukan penggerebekan oleh pihak yang berwajib, sedangkan pelaku prostitusi terlibat langsung ketika dilakukan penangkapan, dan langsung bisa dibuktikan karena sudah tertangkap tangan. Metode pendekatan yang digunakan adalah yuridis normatif yaitu sebuah penelitian hukum kepustakaan yang dilakukan dengan cara meneliti bahan-bahan pustaka atau data sekunder belaka dengan menggunakan metode berpikir deduktif. Spesifikasi penulisan menggunakan deskriptif analisis, sumber dan jenis data yang digunakan adalah data sekunder. Metode pengumpulan data dengan melakukan pengumpulan data menggunakan metode pengumpulan data sekunder. Permasalahan dianalisis dengan teori pertanggungjawaban pidana, teori sistem hukum dan teori keadilan. Pertanggungjawaban pelaku tindak pidana pencurian dalam keadaan memberatkan dalam putusan Nomor 28/Pid.B/2017/PN Dps bahwa majelis hakim memutus perbuatannya menyatakan terdakwa I KR, terdakwa II IMS dan terdakwa III WT terbukti secara sah dan bersalah melakukan tindak pidana memudahkan dilakukannya perbuatan cabul oleh orang lain dengan orang lain dan menjadikannya sebagai mata pencaharian dengan pidana penjara masing-masing 4 (empat) bulan 7 (tujuh) hari. Pada peraturan pemerintah daerah masing-masing yang mengambil kebijaksanaan dengan tindakan-tindakan tertentu yang dapat dikategorikan sebagai tindakan represif, dalam arti melakukan tindakan-tindakan terhadap prostitusi yang ada dalam masyarakat, dengan tidak melaksanakan hukum pidana yang masih berlaku ataupun suatu kebijakan operasional.
THE EVIDENTIAL STRENGTH OF PSYCHIATRIC VISUM ET REPERTUM IN PROVING THE CRIMINAL ACT OF MOLERGY AGAINST CHILDREN (STUDY OF AMBON DISTRICT COURT DECISION NUMBER: 40/PID.SUS/2019/PN AMB) Kahfi, Masden; Sugiharto, R.
Jurnal Hukum Khaira Ummah Vol 19, No 2 (2024): June 2024
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v19i2.2582

Abstract

Evidence is an important stage in a trial. With evidence, it can be known whether a defendant can be sentenced because he is proven guilty or acquitted. This study aims to determine, analyze, and provide an overview of the legal force of one of the evidences regulated in Article 184 of the Criminal Procedure Code, namely the Visum et Repertum Psychiatry which is associated with the Study of the Ambon District Court Decision Number: 40 / Pid.Sus / 2019 / PN Amb. The research method used by the Author in this study is Normative Jurisprudence, namely research that uses an approach method to problems by examining the law based on applicable laws and regulations as positive provisions, legal theories, legal concepts, legal principles or can be said by researching and reviewing library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that considering the provisions of Article 183 of the Criminal Procedure Code, the important points are valid evidence and the judge's conviction and at least 2 (two) pieces of evidence are needed, so in the study of the Ambon District Court decision Number: 40 / Pid.Sus / 2019 / PN Amb regarding the crime of child molestation, Visum Et Repertum Psychiatricum is considered necessary to be carried out as evidence and is considered capable of creating a conviction in the judge in his decision, although in practice several obstacles are often encountered. The Public Prosecutor needs to be careful and competent in handling a similar case where if there is no or minimal evidence available, then in the future, Visum et Repertum Psychiatry can be used as evidence that is expected to convince the judge in making a decision.Keywords: Evidence; Visum et Repertum Psychiatry; MolestationAbstractEvidence is an important stage in a court. The existence of evidence determines whether a defendant can be sentenced for being proven guilty or acquitted. This study aims to find out, analyze, and provide an overview of the legal strength of one of the evidence regulated in Article 184 of the Criminal Procedure Code, namely the Psychiatric Visum et Repertum, which is associated with the Study of the Ambon District Court Decision Number: 40/Pid.Sus/2019/PN Amb.The research method used by the author in this research is Normative Juridical, which is a research that uses a method of approaching the problem by examining the law based on applicable laws and regulations as positive provisions, legal theories, legal concepts, legal principles or can be said by examining and examining library materials or secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The results of the study show that considering the provisions in Article 183 of the Criminal Procedure Code, which are important points are valid evidence and the judge's conviction and require at least 2 (two) pieces of evidence, then in the study of the Ambon District Court Decision Number: 40/Pid.Sus/2019/PN Amb regarding the crime of child abuse, the Psychiatric Visum Et Repertum is considered necessary to be carried out to become evidence and is considered capable of causing a conviction in the judge in his decision, although in practice it is often found that there is no evidence to support the decision. The Prosecutor needs to be careful and competent in handling a similar case which if there is no or minimal evidence available, then for the future, a Psychiatric Visum et Repertum can be used as evidence which is expected to convince the judge in making a decision.
PRINCIPLE OF LEGAL BENEFIT IN THE ELEMENT OF RETURN OF STATE LOSSES Khomaini, Mhd.
Jurnal Hukum Khaira Ummah Vol 19, No 2 (2024): June 2024
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v19i2.19317

Abstract

Legal philosophy explains the principle of utility in every Legal Policy. However, at the level of legal awareness in society, this principle is often neglected. Legal problems that are biased towards utility values conflict with legal certainty carried out by law enforcers. This article aims to analyze the principle of legal utility in efforts to return state losses in the construction of ATCS (Area Traffic Control System) in Tarakan City. The research method used is normative juridical with a conceptual approach, statutory regulations and case studies. The orientation of the analysis is based on the theory of legal philosophy, especially the principle of utility. The results of the study found that there was a phenomenon of attraction of interests of perpetrators of alleged corruption that was concrete, casuistic and particular.
THE URGENCY OF THE PROSECUTOR'S ROLE IN HANDLING CONFISCATED AND CONFISCATED GOODS FROM THE STATE (CASE STUDY OF THE BATAM DISTRICT PROSECUTOR'S OFFICE) Simbolon, Melati Meliana; Tri Bawono, Bambang
Jurnal Hukum Khaira Ummah Vol 19, No 2 (2024): June 2024
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v19i2.19302

Abstract

This study highlights the importance of the role of the Prosecutor's Office in managing confiscated and seized state assets. These assets are very crucial and must be managed effectively to support the law enforcement process as well as increase state revenue. Unfortunately, various obstacles such as lack of coordination between institutions, limited use of information technology, and the need to increase human resource capacity are still major challenges in the implementation process. Through an empirical legal approach and descriptive analysis methods, this study evaluates the implementation and weaknesses in the management of confiscated assets at the Batam District Attorney's Office, and examines the important role of the prosecutor's office in this regard.
IMPLEMENTATION OF ELECTRONIC TRAFFIC LAW ENFORCEMENT SYSTEM IN RESOLVING TRAFFIC VIOLATION CRIMES TO IMPROVE LEGAL ORDER (Case Study at Grobogan Police) Satria, Moh. Pandu Putra; Hafidz, Jawade
Jurnal Hukum Khaira Ummah Vol 19, No 2 (2024): June 2024
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v19i2.19333

Abstract

The purpose of this research: 1). To study and analyze the implementation of the Electronic Traffic Law Enforcement system in resolving criminal acts of traffic violations to improve legal order at the Grobogan Police; 2). To study and analyze the obstacles to the implementation of the Electronic Traffic Law Enforcement system in resolving criminal acts of traffic violations to improve legal order at the Grobogan Police and its solutions. This research uses an empirical legal approach, with a descriptive analytical research method. The data used are primary and secondary data which will be analyzed qualitatively. The research problems are analyzed using Lawrence Friedman's legal system theory and the theory of legal effectiveness. The results of the study concluded that: 1) The implementation of the E-Tilang system in resolving criminal acts of traffic violations has been guided by Law Number 29 of 2009 concerning Traffic and Road Transportation, the flow is when the police have issued a manual ticket (writing on the ticket form), then the police then enter the data back into the E-Tilang application, the E-Tilang server will automatically send a notification of the amount of fine deposit that can be paid at the bank along with the article violated by the violator. After paying the fine deposit (not yet sentenced) then the evidence of the ticket can be exchanged for the fine deposit; 2). The obstacles in the implementation of the Electronic Traffic Law Enforcement system in resolving criminal acts of Traffic violations in Grobogan are as follows: a). Law Enforcement Factors, in this case law enforcers are law enforcement officers who usually in carrying out their duties and functions there are errors in the input application that make officers lose track of the violator; b). Facilities and Infrastructure Factors, in the implementation of Electronic Traffic Law Enforcement in the jurisdiction of Grobogan Regency, it is recorded that there are only 2 CCTV units; c). Community Factors, Poor social behavior in traffic is one of the problems that has been rampant in Indonesia since the past until now.
THE IMPACT OF BUSINESS LEGAL REGULATIONS ON THE SECURITY AND SAFETY OF COMMERCIAL VESSELS IN INTERNATIONAL WATERS Putri, Meyta Arinta Kartika; Aina Ilmih, Andi
Jurnal Hukum Khaira Ummah Vol 19, No 2 (2024): June 2024
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v19i2.19309

Abstract

This study aims to examine the extent to which business legal regulations contribute to improving merchant ship safety standards in international waters and to analyze their impact on maintaining shipping safety. This study uses a normative legal approach, which focuses on the study of applicable laws as norms or guidelines in practice. The type of data used is secondary data, with data sources in the form of case studies of court decisions and literature reviews referring to related laws and regulations. The data collection method is carried out through document studies, including analysis of legal regulations, academic literature, and other official documents. Based on the study, it is concluded that business law plays a crucial role in creating a regulatory framework that supports shipping safety. Strict law enforcement against violations, including illegal fishing, not only provides a deterrent effect but also protects the country's image and natural resources. In addition, business legal regulations also have positive implications for ship safety supervision and management, including licensing, training, and certification for captains and crew. Therefore, shared responsibility between the government, operators, and service users is very important to ensure shipping safety and the sustainability of the maritime environment.
LEGAL ANALYSIS OF CRIMINAL RESPONSIBILITY FOR PERPETRATORS OF DRUG CRIMES BASED ON JUSTICE (Decision Study Number: 463/Pid.Sus/2023/PN Smg) Akbar, Mochamad Rafly; Alia Maerani, Ira
Jurnal Hukum Khaira Ummah Vol 19, No 2 (2024): June 2024
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v19i2.19334

Abstract

Transnational drug crimes are carried out using sophisticated modus operandi and technology, including securing the proceeds of drug crimes. The development of the quality of drug crimes has become a very serious threat to human life. This thesis aims to study and analyze: First, the judge's considerations in sentencing perpetrators of drug crimes based on justice. Second, how is the criminal responsibility for perpetrators of drug crimes based on justice. This assessment is carried out objectively and subjectively. The approach method used is normative juridical, namely a library law study carried out by examining library materials or secondary data alone using deductive thinking methods. The writing specifications use descriptive analysis, the sources and types of data used are secondary data. The method of data collection by collecting data using secondary data collection methods. The problem is analyzed using the theory of criminal responsibility, the theory of punishment and the theory of justice. Criminal responsibility basically lies in the perpetrator where in its provisions every act must be accountable except for provisions that have been regulated in laws and regulations that harm others. Fulfillment of the requirements for criminal responsibility for Decision Number 463/Pid.Sus/2023/PN Smg. Thus, the defendant can be held criminally responsible for the crime of narcotics which is an intermediary in the sale and purchase of class I narcotics, the judge in sentencing the defendant chose imprisonment and a fine, namely imposing a sentence on the Defendant therefore with imprisonment for 5 (five) years and 10 (ten) months and a fine of Rp. 1,000,000,000, - (one billion rupiah) with the provision that if the fine is not paid, it will be replaced with 4 (four) months in prison. Both criminal sanctions, both imprisonment and fines, were imposed by the judge because in Article 114 paragraph (1) of Law Number 35 of 2009 concerning Narcotics.

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