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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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THE PROSECUTOR'S AUTHORITY IN CRIMINAL LAW ENFORCEMENT WITH A RESTORATIVE JUSTICE APPROACH Alfi Nur Fata
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.v16i3.19364

Abstract

This study aims to identify and describe the authority of the Prosecutor's Office in enforcing criminal law with a restorative justice approach. This study uses a normative juridical approach with descriptive analysis. The data used is secondary data obtained through literature study, which is then analyzed qualitatively. The results of this study are the authority of the Prosecutor's Office in enforcing criminal law with a restorative justice approach based on the principle of opportunity, which is regulated in Law Number 16 of 2004 Article 35 letter c of Law Number 16 of 2004, Elucidation of Article 77 of the Criminal Procedure Code, and Law No. Number 11 of 2012. The principle of opportunity needs to be given to all prosecutors, in order to be able to resolve criminal cases that according to the community do not need to be resolved to court. With the authority of opportunity, each Prosecutor can explore and discover the values of justice that grow and develop in social life. Currently, the application of restorative justice by the Prosecutor's Office has been regulated in the Regulation of the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020, in which the application of restorative justice is carried out by closing cases in the public interest through cessation of prosecution. Keywords: Restorative Justice, Prosecutor's Office, Authority, Law Enforcement, Criminal
Obstacles To The Investigation Process In The Military Justice System Related To Ankum's Authority As Investigator Wijaya Ardi
Jurnal Hukum Khaira Ummah Vol 16, No 1 (2021): March 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i1.19297

Abstract

The purpose of this research isto analyze the obstacles to the investigation process by Military Police investigators and/or Otmil faced with Ankum's role as an investigator in resolving cases of TNI soldiers. This legal research is a normative juridical research using the Act as the primary legal material. The Military Justice System has three investigator components, namely superiors who have the right to punish (Ankum), Military Police (Pom), Military Oditur (Otmil). Ankum as a criminal investigator is regulated in Article 69 paragraph (1) of Law No. 31 of 1997 concerning Military Courts. Law enforcement in the military justice environment sometimes encounters obstacles, with the large authority of the unit commander as Ankum. The conclusion from this paper is that the obstacles that are often faced are:by investigators of the Military Police and/or Otmil faced with Ankum's role as an investigator in resolving cases of TNI soldiers, among others, a conflict of authority in the investigation process, a conflict of norms in determining the detention of a suspect, Ankum does not meet the formal requirements as an investigator, Ankum tends to defend his subordinates and the investigation takes a relatively long time due to bureaucratic problems. The solution to this problem must be an amendment to the Military Court Law so that there is clear certainty about Ankum's authority in resolving criminal cases committed by soldiers under his command to provide legal certainty for all parties.
Local Government Policies Related To Transfer Of Agricultural Land Functions To Non Agricultural Governments Sutapa Mulya Sanjaya; Widayati Widayati
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.v16i2.19344

Abstract

The purpose of this study was to determine and analyze the Batang Regency Government's Policy Regarding the Transfer of Agricultural Land Functions to Non-Agriculture.In this paper, the author uses a sociological juridical method. In the discussion that the uncontrolled transfer of agricultural land to non-agricultural functions can have an impact in the form of disturbances to the balance of the environment and a decrease in agricultural production, especially rice. Disturbances to the environment occur, for example, housing construction causes flooding in the area below. In general, the Batang Regency Government's policies related to the conversion of agricultural land to non-agriculture in the form of several regulations and their implementation have not fully protected food agricultural land as mandated by the Law on Protection of Sustainable Food Agricultural Land. The stipulation of the Regional Regulation on the Batang Regency Spatial Planning has not been followed by the stipulation of detailed regulations.
Juridical Analysis Of Advocacy Switching Reviewed From Advocate Law Muhammad Ali Sariati
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.v16i4.19288

Abstract

This study aims to determine and analyze the mechanism for taking the Advocate's oath after the issuance of the Letter of the Chief Justice of the Supreme Court Number 73/KMA/HK./IX 2015, as well as analyzing the suitability of the Letter of the Chief Justice of the Supreme Court Number 73/KMA/HK.01/IX/2015 in accordance with Article 28 paragraph (1) of Law Number 18 of 2003 concerning Advocates. This type of research is included in the typology of normative legal research, which is a research based on legal materials, both primary and secondary legal materials.Second,The provisions of Article 28 of Law Number 18 of 2003 concerning Advocates emphasize that there is only one organization of Advocates with the aim and purpose of improving the quality of the advocate profession but in fact the purpose of the establishment of Law Number 18 of 2003 concerning Advocates is to limit the Advocate Organization to only one the organization has changed so that there is no longer a limit on the organization of advocates, so that the organization of advocates becomes more and more controlled as a result of the enactment of the Chief Justice of the Supreme Court Number: 073/KMA/HK.01/IX/2015
Criminological Study On Children As Actors Of The Crime Of Theft Yunita Lestari
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.v17i4.19331

Abstract

This paper aims to find out and the factors that cause children to commit the crime of theft are studied criminologically, in this study using an empirical juridical writing method, namely research conducted on the real situation of society or the community environment with the intent and purpose of finding facts, which then leads to identification and ultimately leading to problem solving with data sources obtained directly through field observations and interviews with respondents regarding children who are perpetrators of the crime of theft.The results of this study are that the factors that cause children to commit the crime of theft are caused by several kinds of factors, namely economic factors, family factors, educational factors, and environmental factors. good morals and morals so that children do not commit crimes, besides that community participation is no less important in building a safe, orderly, and child-friendly environment.
Systematic Construction of Articles of Criminal Defamation In the ITE Law Ega Rizky Pangastuti
Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021
Publisher : Jurnal Hukum Khaira Ummah

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Court decisions can be seen as the laboratory of logic after considering (legal reasoning) the legal facts that appear in court. The criminal defamation article has become a controversial law because of its elastic interpretation. The purpose of this article is to examine and analyze the systematic construction of the defamation article and its juridical consequences in article 27 paragraph (3) of Law No.19 of 2016 concerning Electronic Information and Transactions. The method used is normative juridical and analytical orientation using a conceptual approach (Concept Approach) and a statutory approach (Statue Approach). The conclusion of the research is that the systematic construction of criminal defamation articles is formulated first: legal subjects (adresat), second: acts or criminal acts, third: criminal sanctions (jail and fines). The phrase “transmitted” is an extensive juridical formulation/formulation in accordance with the phrase “in public” as formulated in the Criminal Code. Disgraceful acts are formulated cumulatively (the word “and”) include intentionally and without rights (1) distributing and/or (2) transmitting and/or (3) making accessible Electronic Information and/or Electronic Documents. The formulation of the action convicted is cumulative-alternative marked by the phrase "and/or". The juridical weakness of this law is that there is no determination of the offense as a "crime" or "violation". This fact can be interpreted as the skepticism of legislators in the criminal approach in the ITE Law. The juridical consequence of the application of this article is the provision of a complaint offense. It is recommended that the formulation of the complaint offense follow the principle of harmonization of the main criminal law system (KUHP).Keywords: Systematic Construction of Criminal Articles, Defamation
CRIMINAL LAW POLICY IN IMPLEMENTATION LEGAL PROCESS AGAINST GENERAL CRIME WHAT IS DONE BY INDONESIAN NATIONAL ARMY SOLDIERS Handoko Handoko
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.v17i4.19318

Abstract

This thesis examines the policy of criminal law in the implementation of the legal process against general crimes committed by Indonesian National Armed Forces Soldiers. Starting from Law Number 34 of 2004 concerning the Indonesian National Army, Article 65 Paragraph 2 which regulates soldiers to be subject to the power of the military courts in the case of violations of the military criminal law and subject to the powers of the general courts in the case of violations of the general criminal law. This brings a very basic change, because so far the military court has the authority to process the law to try all crimes committed by soldiers, both military crimes and general crimes. This type of research is normative legal research with a normative juridical approach.Keywords : Criminal law policy, Legal process, Soldiers who commit general crimes.
Role of Forest Management Units in Managing the Crime of Illegal Logging Shoviyanto Shoviyanto
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.v16i3.19366

Abstract

This study aims to determine the form and analyze law enforcement against illegal logging crimes in the process of tackling as well as to find out the obstacles faced and provide solutions in overcoming the crime of illegal logging according to KPH Pati Central Java related to forest management. This study uses a sociological juridical approach. Weak law enforcement against perpetrators of illegal logging. The policy of overcoming the crime of illegal logging in the KPH Pati area of Central Java is carried out with 2 (two) facilities, namely non-penal facilities and penal facilities. Non-penal means consist of 2 (two) patterns, namely the preemptive pattern and the preventive pattern. The penal tool uses a repressive pattern. The obstacles faced by KPH Randublatung in tackling the crime of illegal logging consist of external obstacles. The solution to the obstacles to the KPH Pati in Central Java is conducting outreach to local residents, conducting patrols, installing signposts that are prohibited from illegally cutting trees.
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.
FUNCTIONAL ROLE OF THE WATER POLICE IN LAW ENFORCEMENT OF CRIMES THAT OCCUR IN SEA AREAS Ridwan, Mohammad
Jurnal Hukum Khaira Ummah Vol 19, No 3 (2024): September 2024
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v19i3.19345

Abstract

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.

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