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[CRIMINAL LAW POLICY ON THE PROCESS OF FILING PRE-TRIAL APPEALS IN CASES OF DETERMINATION OF SUSPECTS BY INVESTIGATORS ]]>
<![CDATA[Apdiansyah, Muhammad]]>;
<![CDATA[Soponyono, Eko]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 19, No 3 (2024): September 2024 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v19i3.19368
<![CDATA[Pretrial aims to supervise law enforcement officers so that they do not abuse their authority. Regulated in the Criminal Procedure Code, this supervision is important even though it is automatically attached to the institution where the law is based. This ensures that tasks are carried out in accordance with the rules and authority. This study aims to examine in depth the pretrial process in cases of suspect determination. The main focus of this study is to analyze the judge's considerations in deciding pretrial cases, as well as the concept of legal certainty in the context of pretrial determination of suspects. This study uses a normative approach with a descriptive-analytical method. The data used include primary and secondary data obtained through interviews and literature studies. Data analysis was carried out qualitatively using the theory of law enforcement and the theory of legal responsibility. The results of the study indicate that the criminal law policy related to pretrial in cases of suspect determination is currently still limited to the provisions of the Criminal Procedure Code, especially Article 77. This study found that judges in deciding pretrial cases use certain arguments as the basis for consideration. In addition, this study also discusses the concept of legal certainty in pretrial determination of suspects and the possibility of other legal remedies outside the provisions of the Criminal Procedure Code that can be taken by the parties. Finally, this study identifies the problems and criminal law policies related to the pretrial motion submission process in the future.]]>
<![CDATA[LAW ENFORCEMENT AGAINST CHILDREN AS PERPETRATORS OF THE CRIMINAL ACT OF MOTORCYCLE THEFT ]]>
<![CDATA[Firmansyah, Moh Fajri]]>;
<![CDATA[Arpangi, Arpangi]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 19, No 3 (2024): September 2024 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v19i3.19349
<![CDATA[Today's community life and technological advances indirectly also trigger the development and diversity of criminal behavior in society, crimes can happen to anyone, not only adults but also often happen to children if we pay attention to the information in print and electronic media, cases of children in conflict with the law tend to increase. The existing laws and regulations are still felt to be unable to provide protection for children in conflict with the law so that an update is needed. The objectives of the research in this study: 1). To find out, analyze the Law Enforcement of Children as Perpetrators of Motorcycle Theft in the Batu Ampar Police Jurisdiction. 2). To find out, analyze the obstacles and solutions to the Law Enforcement of Children as Perpetrators of Motorcycle Theft in the Batu Ampar Police Jurisdiction. This study uses a normative juridical method, 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 the Law Enforcement theory, Restorative Justice theory, and Legal System theory. Law enforcement at the investigation level against children who are perpetrators of motorcycle theft in the jurisdiction of the Batu Ampar Police is faced with complex challenges. As perpetrators with child status, they have special protection regulated in various laws such as the Child Criminal Justice System Law which emphasizes different treatment from adults and efforts to protect children's rights at every stage of the legal process. The investigation process carried out against child perpetrators of crimes such as motorcycle theft involves the following stages: a). The arrest of children must be carried out very carefully and taking into account the rights of children. Detention of children can only be carried out if absolutely necessary, and must be in accordance with applicable legal provisions, namely separately from adult perpetrators. b). In the case of children, diversion is a process that must be considered from the investigation stage, especially if the crime committed does not involve violence or major losses. Diversion aims to resolve cases without having to go through the court process, with a restorative justice approach. This is the main step in handling child perpetrators of crimes to avoid the long-term negative effects of involvement in the criminal justice system.]]>
<![CDATA[FUNCTIONAL ROLE OF THE WATER POLICE IN LAW ENFORCEMENT OF CRIMES THAT OCCUR IN SEA AREAS ]]>
<![CDATA[Ridwan, Mohammad]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 19, No 3 (2024): September 2024 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v19i3.19345
<![CDATA[The purpose of this study is to determine and analyze the working system of the water police in enforcing maritime crime law. In this writing, the author uses a normative legal method with a descriptive analysis research specification. Law enforcement at sea is one of the important national issues, considering that Indonesia's marine resources are very abundant, both in terms of marine aspects, fisheries aspects, and marine-based technological innovation. This oceanic natural background makes the Indonesian nation and state maritime in nature. In addition, Indonesia is geographically strategically located between the intersection of two oceans and two continents, so that Indonesia's sea area is a very important sea lane for world trade routes and national and international shipping traffic. In order to create conditions in Indonesian waters that are safe from the threat of territorial violations, safe from the dangers of shipping navigation, safe from illegal exploitation and exploration of natural resources that are Indonesia's marine potential and environmental pollution, and safe from crimes and violations of the law, both from within the country and from abroad, it is necessary to implement law enforcement in marine areas. In Indonesia, law enforcement officers who have the authority to enforce the law in marine and water areas are in several institutions, one of which is the Water Police or known as POLAIR. In carrying out law enforcement functions at sea.]]>
<![CDATA[ANALYSIS OF CRIMINAL RESPONSIBILITY OF PERPETRATORS OF CRIMINAL ACT OF ASSAULT CAUSING DEATH FROM THE PERSPECTIVE OF VICTIM PROTECTION (Decision Study Number: 185/Pid.B/2024/PN Smg) ]]>
<![CDATA[Alifka, Muhammad Fauzi Nur Alifka]]>;
<![CDATA[Soponyono, Eko]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 19, No 3 (2024): September 2024 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v19i3.19440
<![CDATA[The act of abuse is one of the phenomena that is difficult to eliminate in community life, which often occurs such as beatings and physical violence often resulting in injuries to the victim's body or limbs, not infrequently making the victim physically disabled for life, or even resulting in death. Even to the point of causing the victim to die, the demands of punishment for the perpetrator of the crime must really provide a sense of justice for the victim, the victim's family and even the perpetrator himself in order to provide a lesson and a deterrent effect. As a responsibility to the perpetrator of the crime in connection with the law enforcement process given to the guilty person lies in what crime he committed. The approach method used is normative juridical, namely a library legal research conducted by examining library materials or secondary data alone using the deductive thinking method. 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 the secondary data collection method. The problem is analyzed with the theory of criminal responsibility and the theory of justice. Acts of abuse committed by someone either intentionally or unintentionally must be ascertained first to determine the sanctions that will be punished for that person. The existence of the perpetrator's abuse is actually intended for the pain of a person, not for the purpose of his death, meaning the perpetrator's intention. Human rights are basic rights that are inherently inherent in humans, are universal and direct. This also includes the rights that must be obtained by victims of abuse. In a legal event, of course, it starts from a legal act, from a legal act a legal bond or relationship will arise, so it can be interpreted that the legal consequences can arise from legal acts and/or legal relationships. Victims of crime generally face a criminal justice system that is often busy with police and prosecutorial affairs rather than directly dealing with the perpetrator. Worse still, the focus of attention in the justice and criminal justice system is not on the victim who clearly suffers the most losses, but rather more on the perpetrator of the crime.]]>
<![CDATA[POLICE EFFORTS IN COUNTERING TRAFFIC OFFENCES (CASE STUDY OF PATI CITY POLICE TRAFFIC UNIT) ]]>
<![CDATA[Cesardo, Muhammad Zaki]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 19, No 3 (2024): September 2024 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v19i3.43163
<![CDATA[This research aims to find out the police efforts in overcoming the level of traffic violations, obstacles in overcoming the level of traffic violations and their solutions, as well as police efforts in overcoming the level of traffic violations in the future. This research uses a juridical sociological approach with descriptive analytical research specifications. The data collection method used is primary data obtained from field studies and secondary data obtained from interviews. The data analysis method uses qualitative analysis. Based on the research, it is concluded that the police efforts in overcoming the level of traffic violations are through preemptive efforts through socialisation activities in the school environment, to the general public, and to the automotive club community. Preventive efforts are carried out by guarding activities at guard posts and traffic arrangements in areas prone to traffic violations and patrol. Repressive efforts by taking action by giving warnings and ticketing using the ETLE system. The obstacles in overcoming the level of traffic violations faced by Sat Lantas Polresta Pati come from law enforcement factors, facility factors, community factors, and cultural factors. The solution to overcome these obstacles is to conduct socialisation of orderly traffic; instill a culture of orderly traffic; give polite and calm explanations to violators; notify the vehicle owner's tax has committed a violation and has blocked the STNK then asked to complete the payment of ticket fines and urged to immediately process the vehicle name change; the need for additional officers as well as increasing human resources and by using ETLE mobile and additional CCTV cameras on a number of roads in Pati Regency. Police efforts in overcoming the level of traffic violations in the future are by developing the Electronic Traffic Law Enforcement system and Traffic Attitude Record.]]>
<![CDATA[LEGAL PROTECTION FOR VICTIMS OF DOMESTIC VIOLENCE REVIEWED FROM THE LEGAL SYSTEM IN INDONESIA ]]>
<![CDATA[Beatrix, Marisca Lian]]>;
<![CDATA[Irawan, Haris]]>;
<![CDATA[Ohoiledyaan, Januarius Rizky]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 19, No 3 (2024): September 2024 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v19i3.35481
<![CDATA[Domestic violence is a problem within the household that is private and taboo if brought to the public. Domestic violence is generally experienced by women by men or their husbands. Domestic violence is a problem that cannot be resolved by the Criminal Code, so it is regulated in more depth in Law Number 23 of 2004 concerning the Elimination of Domestic Violence. There are several factors that trigger domestic violence. The forms of violence experienced by victims are generally in addition to physical violence, also verbal violence and sexual violence. Many settlements of domestic violence cases do not fulfill a sense of justice, especially for victims whose rights are not fulfilled. Law enforcement in the implementation of protection for victims of domestic violence according to Law Number 23 of 2004 concerning the Elimination of Domestic Violence is urgently needed. This research is juridical-normative, which means that several legal sources such as legislation and also the opinions of several legal experts regarding cases of domestic violence that occur in Indonesia are reviewed, this aims to find out how the legal protection process is given to victims of domestic violence.]]>
<![CDATA[ISLAMIC LAW REVIEW ON INTER-RELIGIOUS MARRIAGES IN INDONESIA BASED ON LEGAL BENEFITS ]]>
<![CDATA[Notonegoro, Muhammad Hadi]]>;
<![CDATA[Rinda Listyawati, Peni]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 19, No 3 (2024): September 2024 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v19i3.43144
<![CDATA[This study aims to determine and analyze the regulation of interfaith marriage in Indonesia, to determine and analyze that interfaith marriage can be implemented in Indonesia, and to determine and analyze the impact of interfaith marriage in Indonesia. Based on the study, it was concluded that the regulation of interfaith marriage in Indonesia is not regulated by law, but the prohibition of interfaith marriage in Indonesia can be understood in the provisions of Article 2 paragraph (1) of the Marriage Law and Article 10 paragraph (2) of Government Regulation No. 9 of 1975, SEMA Number. 2 of 2023, Article 8 letter f of the Marriage Law Number. 1 of 1974 and Article 44 of the Compilation of Islamic Law (KHI). Interfaith marriage cannot be implemented in Indonesia, because according to Islam, Protestant Christianity, Catholicism, Hinduism, and Buddhism, marriage must be based on government regulations, for Islam it must go through the Religious Affairs Office (KUA) one of the requirements is that it must not be of different religions, then other religions indicate that marriages must be registered at the Civil Registry Office, and must not be of different religions. The impact of interfaith marriages in Indonesia is that if administratively interfaith marriages are considered invalid according to the law and the marriage is not recognized, so that when the registration of the marriage at the civil registry office is rejected, children from interfaith marriages often experience a dilemma in determining their religious beliefs because each parent will put pressure on their children to embrace their own religion.]]>
<![CDATA[FORMULATION OF PROSECUTION OF CORRUPTION CRIMINAL ACTS BASED ON JUSTICE VALUES ]]>
<![CDATA[Lubis, Muhammad Kenan]]>;
<![CDATA[Winjaya Laksana, Andri]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 19, No 3 (2024): September 2024 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v19i3.43145
<![CDATA[The implementation of the authority of the public prosecutor's criminal prosecution in handling non-corruption cases tends to be low, does not have a clear benchmark and the range of punishment for corruption crimes in the Corruption Law is wide. So that there is potential for abuse of authority in handling corruption crimes. The purpose of this study is to determine the prosecution of perpetrators of corruption crimes; analyze the basis for the public prosecutor's considerations in determining the severity of criminal charges against defendants in corruption cases; analyze the formulation of prosecution of perpetrators of corruption crimes based on the value of Justice in the future. The approach method used in this study is the normative legal method. The results of this study are (1) The current regulation of corruption crimes in Indonesia has been regulated through Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, which stipulates corruption as an extraordinary crime with a law enforcement approach involving various institutions such as the Prosecutor's Office, Police, and KPK. Although law enforcement efforts have been carried out through investigation, inquiry, and prosecution mechanisms, the effectiveness of this regulation still faces challenges such as disparity in sentences, high costs of handling small corruption cases, and weaknesses in proving state losses. (2) The basis for consideration by the Public Prosecutor in determining the severity of the criminal charges against defendants in corruption cases includes aspects of legal certainty, justice, and benefit, as regulated in the law, the Attorney General's Circular, and legal principles. These considerations include the extent of state losses, the impact of corruption on society and the environment, and the extent to which the defendant enriches himself or others. (3) Determining a firm minimum criminal threat is necessary to prevent disparities in punishment and provide a deterrent effect, while sentencing guidelines must be designed so that judges have a clear basis in considering factors for mitigating or aggravating punishment.]]>
<![CDATA[THE INACCURACY OF THE PUBLIC PROSECUTOR IN APPLYING THE ARTICLE OF THE CHARGE AS THE BASIS FOR THE JUDGE TO DECIDE ACQUIT ]]>
<![CDATA[Tsani, Muhammad Saiful]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 19, No 3 (2024): September 2024 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v19i3.43161
<![CDATA[This study aims to determine and analyze the inaccuracy of the Public Prosecutor (JPU) in applying the indictment article as the basis for the judge to acquit in Decision Number 195/Pid.B/2017/PN.Skg and the correct application of the indictment article as the basis for the judge's decision in Decision Number 195/Pid.B/2017/PN.Skg. This study uses a normative legal approach method, analytical descriptive research specifications. The data used are secondary data with data collection methods including literature studies and documentary studies, while the data analysis method is qualitative. The theory used is the theory of legal certainty and the theory of evidence. Based on the results of the study, it can be concluded that the inaccuracy of the Public Prosecutor in applying the indictment article in Decision Number 195/Pid.B/2017/PN.Skg can be seen in the formulation of the indictment of Article 363 Paragraph (1) Jo Article 56 Paragraph (1) of the Criminal Code, namely the crime of livestock theft, intentionally providing assistance at the time the crime was committed. However, based on the legal facts at trial, there was one element that was not fulfilled. The legal consequence of the prosecutor's carelessness in applying the indictment article was that the judge acquitted the defendant according to Article 182 Paragraph (4) of the Criminal Procedure Code. The correct application of the indictment article as the basis for the judge's decision in Decision Number 195/Pid.B/2017/PN.Skg is the crime of receiving stolen cattle as regulated in Article 480 point 1 of the Criminal Code. This is because based on the legal facts, the defendant only helped sell the stolen cattle and was not directly involved in the theft process, so the defendant's role is more appropriately categorized as a receiver.]]>
<![CDATA[APPLICATION OF ELEMENTS OF ILLEGAL ACCESS CRIMINAL ACT VIA SOCIAL MEDIA BY INVESTIGATORS AT THE DIRECTORATE OF SPECIAL CRIMINAL INVESTIGATION OF THE WEST SUMATERA REGIONAL POLICE ]]>
<![CDATA[Putra, Muhammad Subran Ardatul]]>;
<![CDATA[Winjaya Laksana, Andri]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 19, No 3 (2024): September 2024 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v19i3.43162
<![CDATA[The more advanced the development in the field of technology, the more crimes appear, one of which is in the cyber world. Information Security and Electronic Transactions (ITE) is currently always overshadowed by the high level of ITE crimes, causing many people to become victims of cyber crimes. This study aims to determine the application of elements of the crime of illegal access through social media by investigators at the Ditreskrimsus Polda Sumbar. In this study, the approach method used is: a normative legal approach or an approach through literature study. The research specification used is Descriptive Analytical, which is an effort to analyze and explain legal problems related to objects with a comprehensive and systematic description of everything related to the application of elements of the crime of illegal access through social media by investigators at the Ditreskrimsus Polda Sumbar. The Application of Elements of the Crime of Illegal Access Through Social Media by Investigators at the Ditreskrimsus Polda Sumbar is by applying the elements contained in Article 35 of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Transaction Information. Obstacles in the Application of the Elements of the Criminal Act of Illegal Access via Social Media by Investigators at the Directorate of Special Criminal Investigation of the West Sumatra Regional Police, especially in terms of collecting evidence to fulfill the elements of the crime.]]>
