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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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Transparency as a Principle of Employment Agreement in the Perspective of Islamic Law Musofiana, Ida; Indarti, Indarti
Jurnal Hukum Khaira Ummah Vol 18, No 1 (2023): March 2023
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v18i1.33401

Abstract

Humans as social creatures cannot be separated from relationships with other humans. In social relations, it is inseparable from the existence of an agreement. The implementation of the agreement does not always run smoothly, there are obstacles in the form of default or there are parties who cannot fulfill their achievements. The object of this research is that the principle of openness is needed in implementing work agreements. Therefore, Muslims are required to carry out muamalah activities on the basis of Islamic law and study them in detail regarding the principles of cooperation The purpose of this research is to analyze what are the principles in the agreement. The method used in the research with the study of laws and regulations and rules in Islamic law Al-Qur;an, Al-Hadith and relevant Islamic law rules. The results and important findings in this study found the existence of the principle of sekufu commensurate in the implementation of employment agreements between business actors.
Criminal Fines For Traffic Violations In The View Of Islamic Law Setiawati, Sri; Hartati, Sri
Jurnal Hukum Khaira Ummah Vol 18, No 2 (2023): June 2023
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v18i2.35344

Abstract

In the realm of Islamic jurisprudence, ulil amri assumes the responsibility of crafting broad regulations, such as those pertaining to traffic and immigration, with the intention of overseeing human conduct and endeavors while averting disorder.It is known that traffic rules are made to protect the interests of road users, even though in reality there are still many road users who violate traffic rules. The government and DPR made regulations contained in Law No. 22 of 2009. This law is considered less than optimal because ordinary people often think that the police decide the amount of the violation fund which is called "deposit money" for criminal fines for past violations. cross. The purpose of this research is to review the application of criminal fines for traffic regulations based on Law No. 22 of 2009. This research is qualitative research using data collection methods, data presentation methods, and data analysis methods. The theory used in this research is Legal Theory which is detailed in depth. The results of the research show that the implementation of criminal fines for violators of traffic regulations is broken down into 4 sub-chapters, namely (1) Violations of Traffic Regulations, (2) Various Traffic Violations According to No. 22 of 2009, (3) Criminal Sanctions of Fines, and (4) Judge's Decision and Implementation of Criminal Sanctions of Fines to people who violate Traffic Regulations; and Obstacles that often occur in the implementation of criminal compensation penalties for violating traffic regulations and efforts to resolve them.
POLICE EFFORTS IN COUNTERING TRAFFIC OFFENCES (CASE STUDY OF PATI CITY POLICE TRAFFIC UNIT) Cesardo, Muhammad Zaki
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.v19i3.43163

Abstract

This research aims to find out the police efforts in overcoming the level of traffic violations, obstacles in overcoming the level of traffic violations and their solutions, as well as police efforts in overcoming the level of traffic violations in the future. This research uses a juridical sociological approach with descriptive analytical research specifications. The data collection method used is primary data obtained from field studies and secondary data obtained from interviews. The data analysis method uses qualitative analysis. Based on the research, it is concluded that the police efforts in overcoming the level of traffic violations are through preemptive efforts through socialisation activities in the school environment, to the general public, and to the automotive club community. Preventive efforts are carried out by guarding activities at guard posts and traffic arrangements in areas prone to traffic violations and patrol. Repressive efforts by taking action by giving warnings and ticketing using the ETLE system. The obstacles in overcoming the level of traffic violations faced by Sat Lantas Polresta Pati come from law enforcement factors, facility factors, community factors, and cultural factors. The solution to overcome these obstacles is to conduct socialisation of orderly traffic; instill a culture of orderly traffic; give polite and calm explanations to violators; notify the vehicle owner's tax has committed a violation and has blocked the STNK then asked to complete the payment of ticket fines and urged to immediately process the vehicle name change; the need for additional officers as well as increasing human resources and by using ETLE mobile and additional CCTV cameras on a number of roads in Pati Regency. Police efforts in overcoming the level of traffic violations in the future are by developing the Electronic Traffic Law Enforcement system and Traffic Attitude Record.
LEGAL REVIEW OF THE APPLICATION OF THE SYSTEMATIC LEX SPECIALIS PRINCIPLE IN HANDLING TAX CRIMINAL CASES Batistuta, Nafathony Setya Mohammad; Purnawan, Amin
Jurnal Hukum Khaira Ummah Vol 19, No 4 (2024): December 2024
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v19i4.43173

Abstract

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.
LEGAL PROTECTION FOR VICTIMS OF DOMESTIC VIOLENCE REVIEWED FROM THE LEGAL SYSTEM IN INDONESIA Beatrix, Marisca Lian; Irawan, Haris; Ohoiledyaan, Januarius Rizky
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.v19i3.35481

Abstract

Domestic violence is a problem within the household that is private and taboo if brought to the public. Domestic violence is generally experienced by women by men or their husbands. Domestic violence is a problem that cannot be resolved by the Criminal Code, so it is regulated in more depth in Law Number 23 of 2004 concerning the Elimination of Domestic Violence. There are several factors that trigger domestic violence. The forms of violence experienced by victims are generally in addition to physical violence, also verbal violence and sexual violence. Many settlements of domestic violence cases do not fulfill a sense of justice, especially for victims whose rights are not fulfilled. Law enforcement in the implementation of protection for victims of domestic violence according to Law Number 23 of 2004 concerning the Elimination of Domestic Violence is urgently needed. This research is juridical-normative, which means that several legal sources such as legislation and also the opinions of several legal experts regarding cases of domestic violence that occur in Indonesia are reviewed, this aims to find out how the legal protection process is given to victims of domestic violence.
ISLAMIC LAW REVIEW ON INTER-RELIGIOUS MARRIAGES IN INDONESIA BASED ON LEGAL BENEFITS Notonegoro, Muhammad Hadi; Rinda Listyawati, Peni
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.v19i3.43144

Abstract

This study aims to determine and analyze the regulation of interfaith marriage in Indonesia, to determine and analyze that interfaith marriage can be implemented in Indonesia, and to determine and analyze the impact of interfaith marriage in Indonesia. Based on the study, it was concluded that the regulation of interfaith marriage in Indonesia is not regulated by law, but the prohibition of interfaith marriage in Indonesia can be understood in the provisions of Article 2 paragraph (1) of the Marriage Law and Article 10 paragraph (2) of Government Regulation No. 9 of 1975, SEMA Number. 2 of 2023, Article 8 letter f of the Marriage Law Number. 1 of 1974 and Article 44 of the Compilation of Islamic Law (KHI). Interfaith marriage cannot be implemented in Indonesia, because according to Islam, Protestant Christianity, Catholicism, Hinduism, and Buddhism, marriage must be based on government regulations, for Islam it must go through the Religious Affairs Office (KUA) one of the requirements is that it must not be of different religions, then other religions indicate that marriages must be registered at the Civil Registry Office, and must not be of different religions. The impact of interfaith marriages in Indonesia is that if administratively interfaith marriages are considered invalid according to the law and the marriage is not recognized, so that when the registration of the marriage at the civil registry office is rejected, children from interfaith marriages often experience a dilemma in determining their religious beliefs because each parent will put pressure on their children to embrace their own religion.
CRIMINAL SANCTIONS: IMPLICATIONS FOR TRAFFIC VIOLATIONS Setiawati, Sri; Hartati, Sri
Jurnal Hukum Khaira Ummah Vol 18, No 1 (2023): March 2023
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v18i1.35340

Abstract

It is known that traffic rules are made to protect the interests of road users, even though in reality there are still many road users who violate traffic rules. The government and DPR made regulations contained in Law No. 22 of 2009. This law is considered less than optimal because ordinary people often think that the police decide the amount of the violation fund which is called "deposit money" for criminal fines for past violations. cross. The purpose of this research is to review the application of criminal fines for traffic regulations based on Law No. 22 of 2009. This research is qualitative research using data collection methods, data presentation methods, and data analysis methods. The theory used in this research is Legal Theory which is detailed in depth. The results of the research show that the implementation of criminal fines for violators of traffic regulations is broken down into 4 sub-chapters, namely (1) Violations of Traffic Regulations, (2) Various Traffic Violations According to No. 22 of 2009, (3) Criminal Sanctions of Fines, and (4) Judge's Decision and Implementation of Criminal Sanctions of Fines to people who violate Traffic Regulations; and Obstacles that often occur in the implementation of criminal compensation penalties for violating traffic regulations and efforts to resolve them.Keywords : police, fines, traffic regulations
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) Singkarasi, Nalau; Winjaya Laksana, Andri
Jurnal Hukum Khaira Ummah Vol 19, No 4 (2024): December 2024
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v19i4.43257

Abstract

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.
Implementation of the Restorative Justice Concept with the Scope of the Police Handling Criminal Cases Mundhi, Mundhi; Gunarto, Gunarto
Jurnal Hukum Khaira Ummah Vol 19, No 4 (2024): December 2024
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v19i4.43166

Abstract

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.
FORMULATION OF PROSECUTION OF CORRUPTION CRIMINAL ACTS BASED ON JUSTICE VALUES Lubis, Muhammad Kenan; Winjaya Laksana, Andri
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.v19i3.43145

Abstract

The implementation of the authority of the public prosecutor's criminal prosecution in handling non-corruption cases tends to be low, does not have a clear benchmark and the range of punishment for corruption crimes in the Corruption Law is wide. So that there is potential for abuse of authority in handling corruption crimes. The purpose of this study is to determine the prosecution of perpetrators of corruption crimes; analyze the basis for the public prosecutor's considerations in determining the severity of criminal charges against defendants in corruption cases; analyze the formulation of prosecution of perpetrators of corruption crimes based on the value of Justice in the future. The approach method used in this study is the normative legal method. The results of this study are (1) The current regulation of corruption crimes in Indonesia has been regulated through Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, which stipulates corruption as an extraordinary crime with a law enforcement approach involving various institutions such as the Prosecutor's Office, Police, and KPK. Although law enforcement efforts have been carried out through investigation, inquiry, and prosecution mechanisms, the effectiveness of this regulation still faces challenges such as disparity in sentences, high costs of handling small corruption cases, and weaknesses in proving state losses. (2) The basis for consideration by the Public Prosecutor in determining the severity of the criminal charges against defendants in corruption cases includes aspects of legal certainty, justice, and benefit, as regulated in the law, the Attorney General's Circular, and legal principles. These considerations include the extent of state losses, the impact of corruption on society and the environment, and the extent to which the defendant enriches himself or others. (3) Determining a firm minimum criminal threat is necessary to prevent disparities in punishment and provide a deterrent effect, while sentencing guidelines must be designed so that judges have a clear basis in considering factors for mitigating or aggravating punishment.

Page 18 of 36 | Total Record : 351

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