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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 351 Documents
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JURIDICAL ANALYSIS OF CORPORATE CRIMINAL LIABILITY ON INDUSTRIAL AFFAIR DISPUTES, A COMPARATIVE LAW STUDY BETWEEN INDONESIA AND NEW ZEALAND Hamzah Nurhasan
Jurnal Hukum Khaira Ummah Vol 16, No 3 (2021): September 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i3.19369

Abstract

This research was conducted on the application of corporate criminal liability legislation in Indonesia which is compared with the application of corporate criminal liability legislation in New Zealand, with a long-term goal is to harmonize the regulation of corporate criminal liability, so there will be the realization of legal certainty, public benefit, and justice in the law enforcement in Indonesia. The realization of legal certainty, public benefit, and justice is still so much to be realized considering the various diversity of the formulation of corporate criminal liability under applicable legislation in Indonesia. To support harmonization in the regulation of corporate criminal liability in the legislation, there must be a review of the regulation of corporate criminal liability in New Zealand as a comparison, how the arrangement of corporate criminal liability in New Zealand which is based on the common law system? How is the concept of corporate criminal liability arrangements in accordance with the standards of international law?Keywords: Corporation; Criminal Liability; Comparative Law Studies.
The Role Of Mutual Legal Assistance In Returning Assets Results Of Corruption Frento T. Suharto
Jurnal Hukum Khaira Ummah Vol 17, No 4 (2022): December 2022
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v17i4.19313

Abstract

One of the unresolved legal issues in Indonesia is corruption. The problem is that law enforcement is not optimal until assets resulting from criminal acts of corruption which are often beyond the borders of the country, making it difficult to return them are often a separate problem. The implementation of Mutual Legal Assistance (MLA), abbreviated as MLA, which is expected to help law enforcers, is not yet optimal. As a member country of the United Nations Convention Against Corruption (UNCAC), Indonesia does not yet have a regulatory framework that comprehensively regulates the aspects recommended by the convention. This study aims to find out about the efforts and mechanisms for optimizing the role of MLA in returning assets resulting from corruption in Indonesia, especially those located abroad. This article is the result of a normative juridical research conducted by means of a literature study and interviews with related sources, using a statutory and comparative approach. This article concludes that to optimize the role of MLA, several steps are needed, such as implementing MLA in a more detailed technical format, optimizing the role of law enforcement as its implementer, and adopting the concept of Non-Conviction Based Asset Forfeiture (NCB) as the substance of MLA. 
The Role Of The Legal Department Of The Regional Secretariat In The Establishment Of Local Legal Products Rini Andriani; Rakhmat Bowo Suharto
Jurnal Hukum Khaira Ummah Vol 16, No 3 (2021): September 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i3.19352

Abstract

The purpose of this researchknow and analyze the roleThe Legal Division of the Tegal Regency Regional Secretariat in the formation of regional legal products within the Tegal Regency Government. The approach method used by the author in this research is a normative juridical approach, with a descriptive analytical research specification. The conclusion obtained in this study is that the role of the Legal Section of the Secretariat of Tegal Regency through the formation of regional legal products gets a very good predicate, while the inhibiting factors are the lack of human resources and the absence of structured and massive training for Legislation Subdivision Staff and Functional Positions. Legislators, and lack of interest due to the difficulty of getting credit points for promotions.
Policy Implementation In Promotion Employee Positionin The National Directorate Of Manpower (Human Resource)At The Ministry Of Justice In Timor Leste Adriano Ildefonso Da Cruz
Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i4.19296

Abstract

The problems in this research, first: How is the policy implementation in the promotion of employee positions at the National Directorate of Manpower (Human Resource) at the Ministry of Justice in Timor Leste?Second,What are the factors that support and hinder the implementation of policies in the promotion of employee positions at the National Directorate of Manpower (Human Resource) at the Ministry of Justice in Timor Leste?Third,What is the strategy to overcome obstacles to policy implementation in the promotion of employee positions at the National Directorate of Manpower (Human Resource) at the Ministry of Justice in Timor Leste?This research is a researchsociological juridical.The results of the study conclude that the promotion of positions carried out at the National Directorate of Manpower/Human Resource (Directorate Nacional dos Recursos Humano/DNRH) is indeed in accordance with the needs of the institution but is more influenced by political factors, as well as a spoil system in which the appointed officials are an option. superiors who share the same political ideology with them and do not go through a transparent and accountable recruitment process as mandated by the applicable employment law.
Juridical Review of the Formulation of Criminal Sanctions Against Narcotics Crime Actors Based on Positive Criminal Law Sandika Dwi Nugroho; Arpangi Arpangi
Jurnal Hukum Khaira Ummah Vol 16, No 2 (2021): June 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i2.19343

Abstract

The purpose of this study is to describe, examine, and analyze the formulation of criminal sanctions against narcotics criminals based on positive criminal law and the weaknesses of the formulation of criminal sanctions against narcotics criminals based on positive criminal law and policies for formulating criminal sanctions against narcotics criminals in reform future criminal law. This study uses a normative juridical approach. The results of the study state that (1) The formulation of criminal sanctions against narcotics criminals in Law Number 35 of 2009 is regulated in Article 111 - Article 148, with the provisions: (a) sanctions in the form of crime and action; (b) criminal sanctions in the form of capital punishment, imprisonment, confinement, and fines as well as additional penalties in the form of: revocation of certain rights against corporations; (c) action sanctions in the form of medical and social rehabilitation as well as expulsion and prohibition from entering Indonesia for foreigners; (d) the number/length of criminal sanctions varies; (e) criminal sanctions are formulated in single, alternative, cumulative and combination forms; (f) there is a specific minimum criminal penalty; (g) the weighting of the crime; (g) trial and conspiracy shall be punished with the same crime as committing a crime; and (h) a fine that cannot be paid, is sentenced to a maximum imprisonment of 2 years. (2) the weaknesses of the policy on the formulation of criminal sanctions in Law Number 35 of 2009 are: (a) criminal sanctions are formulated in a cumutative manner, there are no rules for corporations that do not pay fines and the types of sanctions are not specific; (b) a minimum criminal threat specifically deviating from the Criminal Code system,
APPLICATION OF CRIMINAL SANCTIONS IN CASES OF MANIPULATION OF DEMAND AND COLLECTION OF HEALTH SERVICES FEES FOR PATIENTS PARTICIPATING IN THE NATIONAL HEALTH INSURANCE PROGRAM Hardy Hutahaean
Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021
Publisher : Jurnal Hukum Khaira Ummah

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Abstract

The aim of this study is to conduct studies and analyze the weaknesses of the application of criminal sanctions oncases of manipulation of requests and collection of health care costs for patients participating in the National Health Insurance Program so far and provide solutions. The research method used is a normative juridical approach and the type is descriptive qualitative. The data used in this study is secondary data, namely by examining theories, concepts, legal principles and legislation related to this research to be analyzed in order to obtain qualitative data. The conclusion of this study is that there is no formulation of lex specialist criminal sanctions for cases of manipulation of requests for health care costs for patients participating in the National Health Insurance Program. The punishment of the perpetrators of the act of manipulating the demand for fees requires various aspects, including the excesses of the punishment, both to the perpetrators and to the health service ecosystem for the Participants of the National Health Insurance Program. The role of Good Corporate Governance and Good Clinical Governance as a preventive effort in this case is also a very strategic matter.Keywords: National Health Insurance Program; Fraud; Law enforcement.
Legal Protection Against Victims Of The Crime Of Rapes Based On Justice Value Tatik Zakiyati
Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i4.19287

Abstract

There are so many women who experience sexual violence, especially rape, women can't do much to avoid it and are forced to let it happen. The judicial process is often only oriented towards giving punishment but does not pay attention to how to restore the condition of the victim. The problem will be even more complicated, where most of our society views that issues related to decency are still very taboo to be discussed in public, especially the issue of the crime of rape. This study uses a normative juridical approach. The results of this study are 1) the factors have not been implemented because the law, law enforcement officers, the culture of the community and the factors of the facilities or facilities that cause the rights of rape victims which should be regulated and integrated for the right to restitution and or compensation, legal assistance, psychologists, psychiatrists, religious experts or other experts who are able to restore the victim's confidence. 2) Whereas the obstacle that arises comes from the victim, namely the victim herself who wants not to be protected by the Police, because the rape victim refuses to report it. 3) Protection of witnesses and victims according to Law no. 13 of 2006 concerning the protection of witnesses and victims is to provide a sense of security to witnesses and/or victims in providing information in every criminal justice process. Religious experts or other experts who are able to restore the victim's trust. 2) Whereas the obstacle that arises comes from the victim, namely the victim herself who wants not to be protected by the Police, because the rape victim refuses to report it. 3) Protection of witnesses and victims according to Law no. 13 of 2006 concerning the protection of witnesses and victims is to provide a sense of security to witnesses and/or victims in providing information in every criminal justice process. Religious experts or other experts who are able to restore the victim's trust. 2) Whereas the obstacle that arises comes from the victim, namely the victim herself who wants not to be protected by the Police, because the rape victim refuses to report it. 3) Protection of witnesses and victims according to Law no. 13 of 2006 concerning the protection of witnesses and victims is to provide a sense of security to witnesses and/or victims in providing information in every criminal justice process. 
Criminal Accountability of Children as Perpetrators of the Crime of Obscenity Baryadi Baryadi; Jawade Hafidz
Jurnal Hukum Khaira Ummah Vol 16, No 2 (2021): June 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i2.19324

Abstract

This study aims to determine and analyze the concept of criminal responsibility against children who are perpetrators of criminal acts of sexual abuse, study the decision of the case number 03/Pid.Sus.Anak/2020/PN.Wsb. The legal research method used in this study is a sociological juridical approach. Criminal responsibility for perpetrators of sexual abuse is not only applied to adults but also to children, as regulatedArticle 76E of the Law on Child Protection, and the sanctions are regulated in Article 82 of Law No. RI. 17 of 2016 concerning Child Protection. The application of sanctions against children who have committed crimes has been regulated in Article 71 and Article 82 The Juvenile Criminal Justice System Act includes principal crimes and actions. Children who commit crimes of sexual abuseIn the decision of Case Number: 03/Pid.Sus-Anak/2020/PN.Wsb the judge has given criminal sanctions to the child perpetrator with two main criminal sanctions, namely imprisonment (article 71 paragraph 1 letter e) and job training sanctions in lieu of fines. if not paid (article 71 paragraph 1 letter c), Law Number 11 of 2012 concerning the juvenile criminal justice system. In The imposition of criminal penalties for children who are perpetrators of crimes must be wiser by taking into account the best interests of the child, and imprisonment is only carried out as a last resort. negative for the future.
THE URGENCY OF A SYSTEM APPROACH IN PREVENTION CORRUPTION CRIME OF PROCUREMENT OF GOODS AND SERVICES (ROBERT KLITGAARD'S CDMA THEORY APPROACH ANALYSIS) Danutirtho Satrio Pinandito
Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021
Publisher : Jurnal Hukum Khaira Ummah

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Abstract

The Corruption Prevention System in the field of procurement of goods and services has improved towards its ideal goal, namely values for money in every aspect of procurement. But there are still hidden criminogenic factors in the current system. This article aims to explain the system for preventing corruption in the procurement of goods and services based on Robert Klitgaard's CDMA theory approach. Secondary data in the form of Laws and Regulations related to the procurement of goods and services is elaborated with Robert Klitgaard's CDMA Theory, through a normative juridical approach. The analysis orientation uses the law and concept approach. The results found first: any loopholes indicated by the strengthening of discretion of officials with an interest in the procurement of goods and services need layered control in limiting their discretionary powers. Second: Monopoly variables in all stages of procurement of goods and services need to be watched out for if practice develops the fact that it is narrowed down to a single supplier and technical specifications that lead to a single supplier. Third: accountability can be strengthened by providing layered supervision, from internal and external sources of the goods and service procurement system.Keywords: Procurement of Goods and Services, Corruption, CDMA Theory
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.

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