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.
Articles
351 Documents
<![CDATA[Termination Of Household Abandonment Case Investigation ]]>
<![CDATA[Julkipli Ritonga]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.26532/khaum.v16i1.19285
<![CDATA[In this study, the researcher will discuss the handling of cases of household abandonment at the Tabanan Police Criminal Investigation Unit with Police Report Number: LP/195/XII/2013/BALI/RES TBN About Household Abandonment, which was then stopped the investigation. In this case, neglect is carried out by a husband by leaving his wife and child for a long time without providing physical and spiritual support. This act is certainly a violation of the rights of his wife and children.An investigation was carried out on this case, but then the investigation was stopped on the grounds that there was not enough evidence with the consideration that they were having a nyentana marriage, where the women were purusa or the head of the household and the men were predana or housewives. The researcher's opinion is that it is necessary for the case to be delegated to the court level to obtain a judge's decision in order to obtain legal certainty so that later it can be used as jurisprudence for law enforcement. The theories and concepts used to analyze the problems in this study are the concept of stopping the investigation, the concept of domestic violence, the concept of customary offenses and the concept of marriage nyentana. This study uses a qualitative approach with case study research methods. ]]>
<![CDATA[Implementation Of Local Regulations For Village Development ]]>
<![CDATA[Tika Widyana Pratiwi]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.26532/khaum.v16i2.19321
<![CDATA[This study aims to identify and analyze the implementation of regional regulations regarding village development policies and the factors and obstacles that affect village development. The approach method used in this research is a sociological juridical approach.The Regional Regulation on village development policies regulates Village Development. As mandated by Law Number 6 of 2014 concerning Villages and Government Regulation Number 43 concerning Guidelines for the Implementation of the Village Law, namely the realization of an advanced, independent, prosperous Village without losing its identity. In practice, sometimes what is being carried out is not in accordance with what is aspired so that in this study the author wants to know how to implement Regional Regulations regarding village development policies, what factors and obstacles affect village development in the region by using normative juridical research methods. As for the facts found that the implementation of regional regulations on village development policies has not been fully implemented. Resources are critical to effective policy implementation. In implementing the Regional Regulation on village development policies, there are still obstacles related to the availability of resources. Regional regulations regarding village development policies are actually directed at efforts to bring about change in society for the better. These changes will be successful if the community has the resources and attitudes that are conducive to policy.]]>
<![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[The Status of Children Due to Underhanded Marriages after Marriage is Recorded without Marriage Isbat ]]>
<![CDATA[Iskhaq Iskhaq]]>;
<![CDATA[Sri Kusriyah]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.26532/khaum.v16i1.19312
<![CDATA[This study aims to determine the status of children due to underhanded marriages whose parents have remarried (new) and are registered with the Marriage Registrar, without marriage isbat for their previous marriages. This study uses a normative juridical research method, which focuses on examining the laws and regulations and the determination of the Religious Courts regarding the status of children born as a result of underhanded marriages. Based on the results of the study, it can be concluded that the Religious Courts in determining the application are guided by the rule that the legal status of a child born as a result of an underhand marriage depends on the validity of the marriage (marriage contract) of both parents which at that time was carried out under the hands, namely the marriage must meet the pillars and conditions of marriage and there are no obstacles to marriage according to Islamic law in accordance with statutory regulations. If these things are not fulfilled, then the child's status is only related to his mother and his mother's family. The re-marriage (new) that is registered is not retroactive so that it does not necessarily have legal consequences on the legitimacy of the child.]]>
<![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[Restitution as a Form of Protection against the Rights of the Child Victims ]]>
<![CDATA[Eko Febrianto]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.26532/khaum.v16i1.19294
<![CDATA[This study aims to determine and analyze how the mechanism for implementing restitution for child victims of crime. This research uses normative juridical writing method. The results of this study are that in the Government Regulation of the Republic of Indonesia Number 43 of 2017 concerning the Implementation of Restitution for Children Who Become Victims of Crime, it still has shortcomings, especially regarding substitute punishment if the decision to grant restitution is not implemented, it is not regulated in this government regulation, so hope that This government regulation will serve as a legal umbrella for children who are victims of criminal acts by adding in these government regulations additional penalties, in addition to corporal punishment and fines as the main crime, so that legal certainty for the implementation of restitution for children who become victims of these crimes can be implemented. .]]>
<![CDATA[Implementation Of The Diversion Method For Children In Confrontation With The Law In Child Criminal Judgment Process ]]>
<![CDATA[Miranda Dalimunthe]]>;
<![CDATA[Ira Alia Maerani]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.26532/khaum.v16i2.19335
<![CDATA[The purpose of this paper is to find out, examine and analyze the procedural diversion for children in conflict with the law in the Juvenile Criminal Justice System.In this paper the author uses a normative juridical method. In the conclusion of the discussion, children in conflict with the law are considered as legal subjects who are not yet competent and cannot understand what they are doing. Investigation of children's cases is carried out by investigators determined by the Decree of the Head of the State Police of the Republic of Indonesia or other officials appointed by the Head of the State Police of the Republic of Indonesia. If the Diversion is successful in reaching an agreement, the Investigator will submit the Minutes of the Diversion along with the Diversion Agreement to the head of the district court for a determination to be made. On the other hand, if the Diversion process fails, the Investigator is obliged to continue the investigation and delegate the case to the Public Prosecutor by attaching the Diversion Report and the community research report. Children who are arrested must be deposited in the LPKS. The cost for each child placed in LPKS is charged to the budget of the ministry that carries out government affairs in the social sector.]]>
<![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[PATTERN OF WEIGHTING IN ASES OUTSIDE THE CRIMINAL CODE ]]>
<![CDATA[Satiman Satiman]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Jurnal Hukum Khaira Ummah ]]>
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<![CDATA[The basic discussion regarding this research is what is the basis for legislators to determine the "type and number" of crimes that indicate the nature of the disgrace. Are there certain patterns used by legislators in determining matters outside the Criminal Code, especially to carry out their weighting when compared to the general pattern used by forming the Criminal Code. This research was conducted by using the normative juridical method, especially by analyzing the symptoms indicated by the legislators in the criminal threat they stipulated. The results of this study indicate that in Criminal Law, which is the "symbol" of Criminal Law with the identity of the Indonesian nation, there is no particular pattern found in carrying out criminal penalties. Keywords: Weighting of sanctions in cases outside the Criminal Code and criminal threats.]]>
<![CDATA[Law Enforcement Against Traffic Violations And Electronic-Based Road Transport Through Electronic Traffic Law Enforcement ]]>
<![CDATA[Ari Yuswan Triono]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 17, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.26532/khaum.v17i4.19322
<![CDATA[This study aims to determine and analyze the law enforcement process for traffic violations and road transportation using Electronic Traffic Law Enforcement (ETLE) in the conception of the legal system and the effectiveness of law enforcement for traffic violations and road transportation by using Electronic Traffic Law Enforcement (ETLE) in order to avoid abuse of authority of Police officers at the Central Java Regional Police.The approach method in this study is an empirical juridical approach, the research specification is descriptive analytical. The data needed include primary data taken by interview method and secondary data by literature study method. The method of data analysis used descriptive qualitative analysis method. Based on the research concludedThe process of law enforcement for traffic violations and road transportation using Electronic Traffic Law Enforcement (ETLE) at the Central Java Regional Police starts from the Electronic Traffic Law Enforcement (ETLE) camera capturing images of vehicles committing violators on the road, after that from the screenshots of the surveillance cameras, The officer will then identify the vehicle data using Electronic Registration & Identification (ERI) as a source of vehicle data and the system will display the results of the synchronization of the violation data. The officer justifies the violation data that appears on the system, takes action on the violation resulting from the justification and sends it to the address of the violator according to the data in the ERI (Electronic Registration & Identification). Violators receive a confirmation letter and violators re-confirm both online/offline within 7 working days. The officer applies a STNK (Vehicle Number) block to ERI if the violator does not follow the procedure. Offenders receive a BRIVA SMS and pay the fine through the payment method provided within 7 (seven) working days after confirming. After payment is made, the violator applies for unblocking, then ERI will unblock it. Law enforcement of traffic violations and road transportation using Electronic Traffic Law Enforcement (ETLE) to avoid abuse of authority by police officers at the Central Java Regional Police has been effective. ]]>
