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INDONESIA
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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LEGAL ANALYSIS OF THE RESPONSIBILITY OF PERPETRATORS OF THE CRIMINAL ACT OF THEFT WITH VIOLENCE RESULTING IN DEATH IN A DUALISTIC PERSPECTIVE Ardiansyah, Nico
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.v19i4.43258

Abstract

Indonesia is a country of law, so all aspects of state administration and management are regulated by a system of laws and regulations. Criminal acts and crimes in human life are social phenomena faced by every person and even every country at all times. Theft is one of the crimes that often occur in society. This thesis aims to analyze the construction of the crime of theft with aggravating violence resulting in death and the implementation of criminal responsibility for perpetrators of the crime of theft with violence resulting in death in the perspective of the dualistic conception. The approach method used in this study is a normative legal approach. The research specifications used are descriptive analysis, primary and secondary data sources and this study will be processed using qualitative analysis. The problem is analyzed using the theory of Legal Certainty, criminal liability, and Piana's Accountability theory. Based on the research results, the construction of the crime of theft with violence resulting in death in the concept of legal certainty is regulated in Article 365 paragraph 4 of the Criminal Code. A trial process ends with the passing of a final decision (verdict) in which there is still a criminal sentence (punishment) against the guilty defendant and in that decision. Criminal liability for the perpetrators involved in the crime of fraud in Decision Number 8 / Pid.B / 2024 / PN Mgg has fulfilled the value of criminal liability in accordance with the provisions of the actus because the defendants have committed prohibited acts in accordance with those contained in Article 365 paragraph 4 of the Criminal Code. Then in accordance with the provisions of mens rea which is due to the existence of evil intentions that can be seen or have been proven by the Panel of Judges in the trial. So these two elements have been fulfilled, then criminal liability arises so that based on these provisions the defendant must be responsible for his actions by undergoing a sentence or criminal sanction.
Restorative Justice Implementation System Prosecutor in Criminal Proceedings Supriyadi, Munir
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.v19i4.43167

Abstract

The purpose of this research is to know and analyzing the implementation of the concept of restorative justice by prosecutors in criminal cases. In this writing, the author uses a normative legal method with research specifications in the form of descriptive analysis. The accumulation of the caseload in the courts, the prisons that are becoming full, and the little people who often fall into the error of lust, commit crimes, which they sometimes do not realize, then have to languish in prison cells for months. Because our material and formal criminal law is still oriented towards retribution for the criminal act alone and has not shifted to the act and perpetrator of the crime, let alone the paradigm of the interests of the victim. The Attorney General feels that it is time for the Public Prosecutor to capture the voice of justice in society and implement the termination of prosecution of cases that are not worthy of being brought to court. The concept of Restorative Justice comes with a paradigm that is always contrasted with retributive justice or a judicial model that is solely aimed at avenging or punishing perpetrators of criminal acts.
THE INACCURACY OF THE PUBLIC PROSECUTOR IN APPLYING THE ARTICLE OF THE CHARGE AS THE BASIS FOR THE JUDGE TO DECIDE ACQUIT Tsani, Muhammad Saiful
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.v19i3.43161

Abstract

This study aims to determine and analyze the inaccuracy of the Public Prosecutor (JPU) in applying the indictment article as the basis for the judge to acquit in Decision Number 195/Pid.B/2017/PN.Skg and the correct application of the indictment article as the basis for the judge's decision in Decision Number 195/Pid.B/2017/PN.Skg. This study uses a normative legal approach method, analytical descriptive research specifications. The data used are secondary data with data collection methods including literature studies and documentary studies, while the data analysis method is qualitative. The theory used is the theory of legal certainty and the theory of evidence. Based on the results of the study, it can be concluded that the inaccuracy of the Public Prosecutor in applying the indictment article in Decision Number 195/Pid.B/2017/PN.Skg can be seen in the formulation of the indictment of Article 363 Paragraph (1) Jo Article 56 Paragraph (1) of the Criminal Code, namely the crime of livestock theft, intentionally providing assistance at the time the crime was committed. However, based on the legal facts at trial, there was one element that was not fulfilled. The legal consequence of the prosecutor's carelessness in applying the indictment article was that the judge acquitted the defendant according to Article 182 Paragraph (4) of the Criminal Procedure Code. The correct application of the indictment article as the basis for the judge's decision in Decision Number 195/Pid.B/2017/PN.Skg is the crime of receiving stolen cattle as regulated in Article 480 point 1 of the Criminal Code. This is because based on the legal facts, the defendant only helped sell the stolen cattle and was not directly involved in the theft process, so the defendant's role is more appropriately categorized as a receiver.
LEGAL CONSEQUENCES OF LIMITED LIABILITY COMPANIES OBTAINING BANKRUPTCY DECISIONS Kurniawan, Nico Theo
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.v19i4.43260

Abstract

The purpose of this study is to determine and analyze the Legal Consequences of Limited Liability Companies After Bankruptcy Decisions. This study uses a normative legal approach, with a descriptive analytical research method. Based on the study, it is concluded that bankruptcy decisions on Limited Liability Companies have broad impacts that include cessation of business activities, management and distribution of assets, obligations to creditors, and dissolution of the company. During the bankruptcy process, the role of the curator is very important in ensuring that all obligations are met fairly and in accordance with the law. Shareholders and managers must also pay attention to the legal impact of the bankruptcy process, including their possible legal liability.
CRIMINAL SANCTIONS OF FINES AND REPLACEMENT MONEY IN CORRUPTION CRIMINAL ACTS FROM THE PERSPECTIVE OF LEGAL JUSTICE Mustofa, Mustofa; Rodhiyah, Siti
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.v19i4.43168

Abstract

Purpose of sanctionscriminal fines and compensation in corruption crimeslegal justice perspective. Research methods usedNormative juridical uses three research approaches: the statute approach, the conceptual approach, and the comparative approach.Results of the research on sanctionscriminal fines and compensation in corruption crimesdoes not provide legal justice and a deterrent effect for perpetrators of corruption, because the fine imposed can be replaced with imprisonment and the length of imprisonment does not correspond to the amount of state financial losses. The law is said to provide a sense of justice if it produces legitimate legal consequences and if the law achieves its goal of directing or changing human behavior into lawful behavior.
APPLICATION OF ELEMENTS OF ILLEGAL ACCESS CRIMINAL ACT VIA SOCIAL MEDIA BY INVESTIGATORS AT THE DIRECTORATE OF SPECIAL CRIMINAL INVESTIGATION OF THE WEST SUMATERA REGIONAL POLICE Putra, Muhammad Subran Ardatul; 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.v19i3.43162

Abstract

The more advanced the development in the field of technology, the more crimes appear, one of which is in the cyber world. Information Security and Electronic Transactions (ITE) is currently always overshadowed by the high level of ITE crimes, causing many people to become victims of cyber crimes. This study aims to determine the application of elements of the crime of illegal access through social media by investigators at the Ditreskrimsus Polda Sumbar. 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 application of elements of the crime of illegal access through social media by investigators at the Ditreskrimsus Polda Sumbar. The Application of Elements of the Crime of Illegal Access Through Social Media by Investigators at the Ditreskrimsus Polda Sumbar is by applying the elements contained in Article 35 of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Transaction Information. Obstacles in the Application of the Elements of the Criminal Act of Illegal Access via Social Media by Investigators at the Directorate of Special Criminal Investigation of the West Sumatra Regional Police, especially in terms of collecting evidence to fulfill the elements of the crime.
IMPLEMENTATION OF DIVERSION IN HANDLING CRIMINAL CASES VIOLENCE AGAINST CHILDREN IN CONFLICT WITH THE LAW Ridawati, Nur Haji
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.v19i4.43261

Abstract

The purpose of this study is to examine and analyze the implementation of diversion and its obstacles in handling cases of criminal acts of violence against children in conflict with the law. In this writing, the author uses the Sociological juridical method or an approach with direct surveys in the field and secondary data through library studies with research specifications in the form of descriptive analysis. One of the efforts to analyze and explain legal problems related to objects with a comprehensive and systematic description of everything related to the diversion of children in conflict with the law. protection of children in conflict with the law, namely through Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The existence of the Law on the Criminal Justice System in its implementation there is a requirement to uphold justice for children in conflict with the law, namely by implementing restorative justice as one method of resolving child cases in Indonesia. The purpose of such juvenile justice is operationally played by law enforcement officers, in this context to law enforcement officers as regulated in Law No. 2 of 2002 concerning the Indonesian National Police is given the widest possible freedom and in all examination improvements to exercise discretion. The implementation of diversion is motivated by the desire to avoid negative effects on the soul and development of children by their involvement with the criminal justice system. The implementation of diversion by law enforcement officers is based on the authority of law enforcement officers called discretion; is the authority of law enforcement officers who handle criminal cases.
RESTORATIVE RESOLUTION OF CHILD CASES IN THE IMPLEMENTATION OF THE CHILD CRIMINAL JUSTICE SYSTEM Deriana, Nadya; Puspasari, Ratih Mega
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.v19i4.43169

Abstract

This study aims to examine the application of the RESTORATIVE concept in resolving child cases in the juvenile criminal justice system in Indonesia. The restorative approach in juvenile criminal justice emphasizes the recovery of victims, perpetrators, and society, compared to an approach that only focuses on punishment. This study examines how legal mechanisms that prioritize children's interests can be applied effectively in an effort to minimize the negative impact of the criminal justice system on juvenile perpetrators. The method used in this study is the normative legal method with a statutory approach and analysis of related documents. Data were obtained through a literature study of laws and regulations, scientific journals, and documents relevant to juvenile criminal justice and the restorative approach. The data collected were then analyzed qualitatively to understand the application of the RESTORATIVE concept in various cases of juvenile cases. The results of the study indicate that the restorative approach in resolving juvenile cases significantly reduces the rate of repeat criminal acts by children and improves psychological well-being for both child perpetrators, victims, and the community. This system encourages social responsibility and a more humanistic reconciliation process, but still faces obstacles in its application in the field due to limited understanding and coordination between stakeholders.
Analysis of Legal Protection for Victims of Drug Abuse in the Narcotics Research Unit of the Barelang Police, Batam City Yasral, Alex
Jurnal Hukum Khaira Ummah Vol 20, No 1 (2025): March 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i1.43984

Abstract

The purpose of the study is to analyze and describe the legal protection of victims of drug abuse in the Narcotics Investigation Unit of the Barelang Police, Batam City based on the perspective of Law Number 35 of 2009 concerning Narcotics and to find out and analyze future criminal law policies in providing legal protection for victims of drug abuse in the Narcotics Investigation Unit of the Barelang Police, Batam City. This type of research is normative legal research with a statutory approach with descriptive-prescriptive characteristics sourced from secondary data, including: primary legal materials and secondary legal materials. This secondary data includes primary legal materials, secondary legal materials and tertiary materials obtained by means of literature study, then analyzed by legal analysis. Based on evidence in the form of witness statements, clues, letters, suspect statements and confiscated evidence, my analysis to answer the formulation of the problem is what form of legal protection is given to perpetrators of drug abuse, namely that the form of legal protection from the police as the suspect's actions can be suspected of committing a crime. In addition, the results of this study show that the form of drug abuse in the Barelang Police Research Unit, Batam City itself is divided into abusers, drug trafficking, drug production and personal prescription abuse for general abuse that occurs in the jurisdiction of the Barelang Police, Batam City itself, namely personal abuse and drug trafficking. 
Restorative Justice Policy Analysis in Eradicating Corruption Hamzah, Andi
Jurnal Hukum Khaira Ummah Vol 20, No 1 (2025): March 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i1.43979

Abstract

This study analyzes the application of the principle of restorative justice (RJ) in eradicating corruption in Indonesia, both in the context of current law (ius constitutum) and for the development of future policies (ius constituendum). Through a normative legal approach, this study identifies conflicts of norms and legal principles that hinder the implementation of restorative justice and offers normative solutions to overcome them. The results of the study indicate that the current application of restorative justice is still limited by the retributive legal framework, lack of coordination between institutions, and community resistance. However, restorative justice has the potential to complement the retributive approach by emphasizing the restoration of state losses and social reconciliation. This study recommends a revision of the Corruption Law, the preparation of implementing regulations, and public education to support a more effective implementation of restorative justice. 

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