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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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Harmonization and Good Relations in Polygamous Families Ely Lidiana
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.v16i4.19291

Abstract

This research is made based on facts and circumstances that occur, which is a daily picture of women who live as wives in a polygamous marriage. In this paper, an argument will be presented that will refute the negative opinion of some people about polygamous marriage, where for most people, especially feminists who have the opinion that polygamous marriage is only aimed at venting sexuality and more discriminating against women and children. In proving this argument, the author uses descriptive qualitative research methods with a phenomenological approach where data collection is done by direct observation, interviews and documentation. This research was conducted in a village which is the village where the author was born and is the author's family.
IMPLEMENTATION OF ELECTRONIC TRAFFIC LAW ENFORCEMENT SYSTEM IN RESOLVING TRAFFIC VIOLATION CRIMES TO IMPROVE LEGAL ORDER (Case Study at Grobogan Police) Satria, Moh. Pandu Putra; Hafidz, Jawade
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.v19i2.19333

Abstract

The purpose of this research: 1). To study and analyze the implementation of the Electronic Traffic Law Enforcement system in resolving criminal acts of traffic violations to improve legal order at the Grobogan Police; 2). To study and analyze the obstacles to the implementation of the Electronic Traffic Law Enforcement system in resolving criminal acts of traffic violations to improve legal order at the Grobogan Police and its solutions. This research uses an empirical legal approach, 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 Lawrence Friedman's legal system theory and the theory of legal effectiveness. The results of the study concluded that: 1) The implementation of the E-Tilang system in resolving criminal acts of traffic violations has been guided by Law Number 29 of 2009 concerning Traffic and Road Transportation, the flow is when the police have issued a manual ticket (writing on the ticket form), then the police then enter the data back into the E-Tilang application, the E-Tilang server will automatically send a notification of the amount of fine deposit that can be paid at the bank along with the article violated by the violator. After paying the fine deposit (not yet sentenced) then the evidence of the ticket can be exchanged for the fine deposit; 2). The obstacles in the implementation of the Electronic Traffic Law Enforcement system in resolving criminal acts of Traffic violations in Grobogan are as follows: a). Law Enforcement Factors, in this case law enforcers are law enforcement officers who usually in carrying out their duties and functions there are errors in the input application that make officers lose track of the violator; b). Facilities and Infrastructure Factors, in the implementation of Electronic Traffic Law Enforcement in the jurisdiction of Grobogan Regency, it is recorded that there are only 2 CCTV units; c). Community Factors, Poor social behavior in traffic is one of the problems that has been rampant in Indonesia since the past until now.
IMPLEMENTATION OF THE AUTHORITY OF THE HEALTH CENTER FOR SUPERVISION OF CHILDREN'S INTELLIGENT PROPERTY Bernardo da Cruz
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

Article 369 of the Civil Code states that if guardianship is ordered by a judge, the clerk at the court concerned must immediately notify by letter of the appointment to the Heritage Hall with a statement. However, not all courts send copies of the existence of guardianship to the Balai Harta Peninggalan. This research is a normative juridical research using secondary data which is supported by primary data in the field. The results of the analysis are presented descriptively. Field data were taken through interviews with the Chair and Secretary at the Balai Harta Peninggalan Semarang. As for the authority of the Balai Harta Peninggalan in supervising the property of minors, it is that the task of the Balai Harta Peninggalan in supervising the guardian's duties does not run properly, especially because there is no synchronization between implementation and the regulations that govern it , where there is a lack of cooperation between relevant agencies, such as the District CourtKeywords: Trust, Heritage Hall, Supervisory Guardian.
STRENGTHENING THE ROLE OF RELIGIOUS COURTS IN SHARIA ECONOMIC DISPUTE SETTLEMENT AS A SHARIA ECONOMY DEVELOPMENT EFFORT Syukri Hidayat
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.v17i4.19320

Abstract

The enactment of the Republic of Indonesia Law Number 3 of 2006 concerning the Religious Courts has strengthened the position of the Religious Courts as one of the law enforcement institutions due to the expansion of absolute competence in the settlement of sharia economic disputes. Currently, Islamic economic activities are growing rapidly in Indonesia. This development must be followed by many disputes. The resolution of this dispute is the authority of the Religious Courts, so that the functions of the Religious Courts must be strengthened. The problems discussed in this study include: the extent to which the development of the sharia economy in Indonesia, how to resolve sharia economic disputes in the Religious Courts and how to strengthen the strategy of the function of the Religious Courts. This research is a descriptive normative legal research using a statutory and analytical approach. Based on the results of the study, it can be concluded that the settlement of sharia economic disputes is the absolute authority of the Religious Courts. The settlement process underwent a simple, fast and light update, so a strategy was needed to improve the quality of the Religious Courts. The author suggests that it is necessary to socialize the function and change the stigma about the Religious Courts.Keywords: Sharia Economics, Disputes, Religious Courts.
The Effectiveness Of The Death Criminal Threat In The Framework Of Narcotics Crime Handling Didik Risdiyanto
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.v16i4.19367

Abstract

The problems studied and analyzed include how the effectiveness of the death penalty in dealing with narcotics crimes and the death penalty can cause a deterrent effect on narcotics abuse. In Law no. 35 of 2009 concerning Narcotics, there is a death penalty. The eradication of narcotics is not only a discourse, but law enforcement officers such as the police and others must also participate in helping to eradicate narcotics in order to achieve the prosperity and welfare of the Republic of Indonesia that is free from drugs. As a sovereign country, of course, in terms of eradicating narcotics, the government must continue to increase efforts in providing counseling and understanding about the dangers of narcotics and their sanctions as a preventive effort for narcotics circulation so that they can make people aware of the dangers of narcotics. To overcome the widespread circulation of narcotics, in Law no.
THE IMPACT OF BUSINESS LEGAL REGULATIONS ON THE SECURITY AND SAFETY OF COMMERCIAL VESSELS IN INTERNATIONAL WATERS Putri, Meyta Arinta Kartika; Aina Ilmih, Andi
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.v19i2.19309

Abstract

This study aims to examine the extent to which business legal regulations contribute to improving merchant ship safety standards in international waters and to analyze their impact on maintaining shipping safety. This study uses a normative legal approach, which focuses on the study of applicable laws as norms or guidelines in practice. The type of data used is secondary data, with data sources in the form of case studies of court decisions and literature reviews referring to related laws and regulations. The data collection method is carried out through document studies, including analysis of legal regulations, academic literature, and other official documents. Based on the study, it is concluded that business law plays a crucial role in creating a regulatory framework that supports shipping safety. Strict law enforcement against violations, including illegal fishing, not only provides a deterrent effect but also protects the country's image and natural resources. In addition, business legal regulations also have positive implications for ship safety supervision and management, including licensing, training, and certification for captains and crew. Therefore, shared responsibility between the government, operators, and service users is very important to ensure shipping safety and the sustainability of the maritime environment.
Effectiveness of Waqf Management in the Framework of Creating the Welfare of the People Mahin Musyafa; Aryani Witasari
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.v16i3.19347

Abstract

The objectives of this study are: 1) To determine and analyze the effectiveness of waqf management according to Law Number 41 of 2004 for the welfare of the people, 2) To determine the inhibiting factors in waqf management, 3) To find solutions to overcome the inhibiting factors in waqf management.The approach method used in this research is the sociological juridical method. The specification of this research is a research with a descriptive analytical description of the specification. Sources of research data in the form of primary and secondary data. Collecting data using literature study as the main data and interviews as supporting data. Methods of data analysis using qualitative analysis methods, namely, data reduction, presenting data and concluding.The results of the study stated thatThe effectiveness of waqf management for the welfare of the people is based on Nazhir on duty. In this case, the management of Waqf according to Law No. 41 of 2004 in order to realize the welfare of the people has not been effective because of the lack of knowledge about the administration of waqf assets. The inhibiting factor faced in the management of waqf in order to realize the welfare of the people is that nâzhir is not optimal in managing waqf, the government is not socializing Law no. 41 of 2014 and PP No. 42 of 2006, and low public awareness to carry out waqf management activities. Hence the solution waqf management in realizing the welfare of the people, namely synergies with related agencies in the form of government efforts to regulate regulations related to these problems which are carried out by optimally empowering religious institutions.
The Role Of The Police In Law Enforcement Of Drug Circulation Among Students Bakti Kautsar Ali
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.v16i1.19292

Abstract

The purpose of this paper is to identify and analyze the role and constraints of the Cilacap Resort Police in dealing with narcotics abuse crimes committed by students in the Cilacap Regency area. The research method used is empirical juridical. The results of this study are the role of the police in overcoming narcotics among adolescents, namely eradicating and tackling narcotics abuse, providing socialization and guidance to the community, patrol around a place that is suspected to be a place of sale and a place that is often used for drug parties, in collaboration with community organizations, in collaboration with educational institutions and religious institutions. Constraints experienced by the police are the lack of field coordination and limited personnel during operations, lack of coordination with institutions and agencies in the prevention and eradication process, the presence of law enforcement officers who leak information during raids, lack of funds in terms of making arrests and providing counseling to the public.
LEGAL ANALYSIS OF CRIMINAL RESPONSIBILITY FOR PERPETRATORS OF DRUG CRIMES BASED ON JUSTICE (Decision Study Number: 463/Pid.Sus/2023/PN Smg) Akbar, Mochamad Rafly; Alia Maerani, Ira
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.v19i2.19334

Abstract

Transnational drug crimes are carried out using sophisticated modus operandi and technology, including securing the proceeds of drug crimes. The development of the quality of drug crimes has become a very serious threat to human life. This thesis aims to study and analyze: First, the judge's considerations in sentencing perpetrators of drug crimes based on justice. Second, how is the criminal responsibility for perpetrators of drug crimes based on justice. This assessment is carried out objectively and subjectively. The approach method used is normative juridical, namely a library law study carried out by examining library materials or secondary data alone using deductive thinking methods. 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 secondary data collection methods. The problem is analyzed using the theory of criminal responsibility, the theory of punishment and the theory of justice. Criminal responsibility basically lies in the perpetrator where in its provisions every act must be accountable except for provisions that have been regulated in laws and regulations that harm others. Fulfillment of the requirements for criminal responsibility for Decision Number 463/Pid.Sus/2023/PN Smg. Thus, the defendant can be held criminally responsible for the crime of narcotics which is an intermediary in the sale and purchase of class I narcotics, the judge in sentencing the defendant chose imprisonment and a fine, namely imposing a sentence on the Defendant therefore with imprisonment for 5 (five) years and 10 (ten) months and a fine of Rp. 1,000,000,000, - (one billion rupiah) with the provision that if the fine is not paid, it will be replaced with 4 (four) months in prison. Both criminal sanctions, both imprisonment and fines, were imposed by the judge because in Article 114 paragraph (1) of Law Number 35 of 2009 concerning Narcotics.
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) Alifka, Muhammad Fauzi Nur Alifka; Soponyono, Eko
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.v19i3.19440

Abstract

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.

Page 17 of 36 | Total Record : 351

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