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[The Power of Evidence of Witness Testimony in the Trial Process of Criminal Molestery Cases ]]>
<![CDATA[Mukhali, Mukhali]]>;
<![CDATA[Sudarmaji, Aji]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 19, No 4 (2024): December 2024 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v19i4.19539
<![CDATA[The purpose of this research is to determine the strength of the evidence of witness testimony in the trial of a criminal act of indecency. To determine the strength of providing legal protection for witnesses in the trial of a criminal act of indecency. The method used by the researcher is normative legal approach & the specifications in this study include descriptive analysis. The sources and types of secondary data were obtained from literature studies. Based on the results of the study, the evidentiary power of witness statements in a trial of a criminal act of indecency depends on several factors, including: conformity with other evidence: The witness's statement must be consistent with other valid evidence. Conformity with the statements of other witnesses: The witness's statement must be consistent with the statements of other witnesses. The witness's reasons for giving a statement: The judge considers the witness's reasons for giving a particular statement. The witness's lifestyle and morality: The judge considers the witness's lifestyle and morality. The witness's obligation to take an oath: The witness is required to take an oath or promise before giving a statement in court. The Power to Provide Legal Protection for Witnesses in Trials of Criminal Acts of Indecency has not been implemented optimally, this is because there are still children's rights that have not been obtained by children who are victims of criminal acts of indecency, namely the right to receive rehabilitation, rehabilitation both psychologically, physically and spiritually, even though this is regulated in the provisions of the Child Criminal Justice System Law, namely in Article 90 paragraph (1) which states that in addition to the rights that have been regulated in the provisions of laws and regulations as referred to in Article 89, Child Victims and Child Witnesses have the right to medical rehabilitation and social rehabilitation efforts, both within and outside the institution. However, this right is not obtained by child victims of criminal acts of indecency. ]]>
<![CDATA[LEGAL REVIEW OF THE APPLICATION OF THE SYSTEMATIC LEX SPECIALIS PRINCIPLE IN HANDLING TAX CRIMINAL CASES ]]>
<![CDATA[Batistuta, Nafathony Setya Mohammad]]>;
<![CDATA[Purnawan, Amin]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 19, No 4 (2024): December 2024 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v19i4.43173
<![CDATA[One of the characteristics of the legal principle is dynamic so that it can be adjusted to the development of the times. Likewise, the principle of lex specialis derogat legi generali has undergone theoretical development. One of the derivatives of the principle of lex specialis derogat legi generali is the principle of lex specialis systematic. This study aims to determine the legal review of the application of the principle of lex specialis systematic in handling tax crime cases. In this study, the approach method used is: a normative legal approach by studying library materials. The research specification used is Descriptive Analytical, namely an effort to analyze and explain legal problems related to objects with a comprehensive and systematic description of all matters related to the application of the principle of lex specialis systematic in tax crimes. The concept of implementing the principle of Lex Specialis Systematis is determined by which Special Law is enforced, meaning that special criminal provisions if the legislators do intend to enforce the criminal provisions as special criminal provisions or it will be special from the existing special provisions, then the general taxation provisions law is the one that is enforced, even though other special laws (such as the Corruption Crime Law have elements of a crime that can cover it) are of an acceptability nature. The position of the principle of Lex Specialis Systematis in Law No. 28 of 2007 concerning General Taxation Provisions in Tax Crimes if the dispute is within the scope of tax, then the law on taxation is used.]]>
<![CDATA[Analysis of Legal Protection for Vehicle Owners in Cases of Confiscation of Trucks Used to Transport Illegal Timber (Study Decision Number: 170/Pid.B/Lh/2023/Pn Plk) ]]>
<![CDATA[Singkarasi, Nalau]]>;
<![CDATA[Winjaya Laksana, Andri]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 19, No 4 (2024): December 2024 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v19i4.43257
<![CDATA[It is not uncommon for forest utilization to be misused by some people or in the form of corporations, these actions cause forest damage. Individuals or corporations encroach on forests by cutting them down, or by using heavy equipment rented through individuals or legal entities and then transported using vehicles such as trucks. What if the trucks that have been rented are misused to commit criminal acts of forest encroachment by the tenant, of course this needs to be studied further. 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 rights of truck owners in forestry crimes. The author believes that it is important to understand the legal basis and processes in handling cases of confiscation of trucks used to transport wood illegally.]]>
<![CDATA[Implementation of the Restorative Justice Concept with the Scope of the Police Handling Criminal Cases ]]>
<![CDATA[Mundhi, Mundhi]]>;
<![CDATA[Gunarto, Gunarto]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 19, No 4 (2024): December 2024 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v19i4.43166
<![CDATA[The purpose of this study is to determine and analyze the mechanism of the Police in using the concept of restorative justice in handling criminal cases. In this writing, the author uses a normative legal method with research specifications in the form of descriptive analysis. Within the framework of the Pancasila Legal State Concept, the restorative justice concept approach has only been implicitly recognized in the constitution and has only been partially regulated in several criminal law regulations, including the Child Criminal Justice System Law, the Special Autonomy Law for Papua Province, which has recognized the existence of a "consensus" method in enforcing criminal law, as well as institutional regulations such as the Police through the Circular of the Chief of Police Number SE / 8 / VII / 2018 concerning the Implementation of Restorative Justice. Criminal cases that can be handled with a restorative justice approach in the police if the investigation commencement order (SPDP) has not been submitted to the prosecutor's office. Not all cases can be resolved in that way, but they must also meet formal requirements, namely that there must still be an agreement between both parties and the fulfillment of the victim's rights and the perpetrator's responsibilities.]]>
<![CDATA[LEGAL ANALYSIS OF THE RESPONSIBILITY OF PERPETRATORS OF THE CRIMINAL ACT OF THEFT WITH VIOLENCE RESULTING IN DEATH IN A DUALISTIC PERSPECTIVE ]]>
<![CDATA[Ardiansyah, Nico]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 19, No 4 (2024): December 2024 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v19i4.43258
<![CDATA[Indonesia is a country of law, so all aspects of state administration and management are regulated by a system of laws and regulations. Criminal acts and crimes in human life are social phenomena faced by every person and even every country at all times. Theft is one of the crimes that often occur in society. This thesis aims to analyze the construction of the crime of theft with aggravating violence resulting in death and the implementation of criminal responsibility for perpetrators of the crime of theft with violence resulting in death in the perspective of the dualistic conception. The approach method used in this study is a normative legal approach. The research specifications used are descriptive analysis, primary and secondary data sources and this study will be processed using qualitative analysis. The problem is analyzed using the theory of Legal Certainty, criminal liability, and Piana's Accountability theory. Based on the research results, the construction of the crime of theft with violence resulting in death in the concept of legal certainty is regulated in Article 365 paragraph 4 of the Criminal Code. A trial process ends with the passing of a final decision (verdict) in which there is still a criminal sentence (punishment) against the guilty defendant and in that decision. Criminal liability for the perpetrators involved in the crime of fraud in Decision Number 8 / Pid.B / 2024 / PN Mgg has fulfilled the value of criminal liability in accordance with the provisions of the actus because the defendants have committed prohibited acts in accordance with those contained in Article 365 paragraph 4 of the Criminal Code. Then in accordance with the provisions of mens rea which is due to the existence of evil intentions that can be seen or have been proven by the Panel of Judges in the trial. So these two elements have been fulfilled, then criminal liability arises so that based on these provisions the defendant must be responsible for his actions by undergoing a sentence or criminal sanction.]]>
<![CDATA[Restorative Justice Implementation System Prosecutor in Criminal Proceedings ]]>
<![CDATA[Supriyadi, Munir]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 19, No 4 (2024): December 2024 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v19i4.43167
<![CDATA[The purpose of this research is to know and analyzing the implementation of the concept of restorative justice by prosecutors in criminal cases. In this writing, the author uses a normative legal method with research specifications in the form of descriptive analysis. The accumulation of the caseload in the courts, the prisons that are becoming full, and the little people who often fall into the error of lust, commit crimes, which they sometimes do not realize, then have to languish in prison cells for months. Because our material and formal criminal law is still oriented towards retribution for the criminal act alone and has not shifted to the act and perpetrator of the crime, let alone the paradigm of the interests of the victim. The Attorney General feels that it is time for the Public Prosecutor to capture the voice of justice in society and implement the termination of prosecution of cases that are not worthy of being brought to court. The concept of Restorative Justice comes with a paradigm that is always contrasted with retributive justice or a judicial model that is solely aimed at avenging or punishing perpetrators of criminal acts.]]>
<![CDATA[LEGAL CONSEQUENCES OF LIMITED LIABILITY COMPANIES OBTAINING BANKRUPTCY DECISIONS ]]>
<![CDATA[Kurniawan, Nico Theo]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 19, No 4 (2024): December 2024 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v19i4.43260
<![CDATA[The purpose of this study is to determine and analyze the Legal Consequences of Limited Liability Companies After Bankruptcy Decisions. This study uses a normative legal approach, with a descriptive analytical research method. Based on the study, it is concluded that bankruptcy decisions on Limited Liability Companies have broad impacts that include cessation of business activities, management and distribution of assets, obligations to creditors, and dissolution of the company. During the bankruptcy process, the role of the curator is very important in ensuring that all obligations are met fairly and in accordance with the law. Shareholders and managers must also pay attention to the legal impact of the bankruptcy process, including their possible legal liability.]]>
<![CDATA[CRIMINAL SANCTIONS OF FINES AND REPLACEMENT MONEY IN CORRUPTION CRIMINAL ACTS FROM THE PERSPECTIVE OF LEGAL JUSTICE ]]>
<![CDATA[Mustofa, Mustofa]]>;
<![CDATA[Rodhiyah, Siti]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 19, No 4 (2024): December 2024 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v19i4.43168
<![CDATA[Purpose of sanctionscriminal fines and compensation in corruption crimeslegal justice perspective. Research methods usedNormative juridical uses three research approaches: the statute approach, the conceptual approach, and the comparative approach.Results of the research on sanctionscriminal fines and compensation in corruption crimesdoes not provide legal justice and a deterrent effect for perpetrators of corruption, because the fine imposed can be replaced with imprisonment and the length of imprisonment does not correspond to the amount of state financial losses. The law is said to provide a sense of justice if it produces legitimate legal consequences and if the law achieves its goal of directing or changing human behavior into lawful behavior.]]>
<![CDATA[IMPLEMENTATION OF DIVERSION IN HANDLING CRIMINAL CASES VIOLENCE AGAINST CHILDREN IN CONFLICT WITH THE LAW ]]>
<![CDATA[Ridawati, Nur Haji]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 19, No 4 (2024): December 2024 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v19i4.43261
<![CDATA[The purpose of this study is to examine and analyze the implementation of diversion and its obstacles in handling cases of criminal acts of violence against children in conflict with the law. In this writing, the author uses the Sociological juridical method or an approach with direct surveys in the field and secondary data through library studies with research specifications in the form of descriptive analysis. One of the efforts to analyze and explain legal problems related to objects with a comprehensive and systematic description of everything related to the diversion of children in conflict with the law. protection of children in conflict with the law, namely through Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The existence of the Law on the Criminal Justice System in its implementation there is a requirement to uphold justice for children in conflict with the law, namely by implementing restorative justice as one method of resolving child cases in Indonesia. The purpose of such juvenile justice is operationally played by law enforcement officers, in this context to law enforcement officers as regulated in Law No. 2 of 2002 concerning the Indonesian National Police is given the widest possible freedom and in all examination improvements to exercise discretion. The implementation of diversion is motivated by the desire to avoid negative effects on the soul and development of children by their involvement with the criminal justice system. The implementation of diversion by law enforcement officers is based on the authority of law enforcement officers called discretion; is the authority of law enforcement officers who handle criminal cases.]]>
<![CDATA[RESTORATIVE RESOLUTION OF CHILD CASES IN THE IMPLEMENTATION OF THE CHILD CRIMINAL JUSTICE SYSTEM ]]>
<![CDATA[Deriana, Nadya]]>;
<![CDATA[Puspasari, Ratih Mega]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 19, No 4 (2024): December 2024 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v19i4.43169
<![CDATA[This study aims to examine the application of the RESTORATIVE concept in resolving child cases in the juvenile criminal justice system in Indonesia. The restorative approach in juvenile criminal justice emphasizes the recovery of victims, perpetrators, and society, compared to an approach that only focuses on punishment. This study examines how legal mechanisms that prioritize children's interests can be applied effectively in an effort to minimize the negative impact of the criminal justice system on juvenile perpetrators. The method used in this study is the normative legal method with a statutory approach and analysis of related documents. Data were obtained through a literature study of laws and regulations, scientific journals, and documents relevant to juvenile criminal justice and the restorative approach. The data collected were then analyzed qualitatively to understand the application of the RESTORATIVE concept in various cases of juvenile cases. The results of the study indicate that the restorative approach in resolving juvenile cases significantly reduces the rate of repeat criminal acts by children and improves psychological well-being for both child perpetrators, victims, and the community. This system encourages social responsibility and a more humanistic reconciliation process, but still faces obstacles in its application in the field due to limited understanding and coordination between stakeholders.]]>
