Jurnal Hukum Khaira Ummah
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.
Articles
351 Documents
<![CDATA[Legal Analysis of Judges' Decisions that do Not Conform to the Values of Justice of the Parties to the Case ]]>
<![CDATA[Pangestu, Dhea Ramdhani]]>;
<![CDATA[Endah Wahyuningsih, Sri]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 20, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v20i1.43973
<![CDATA[This study aims to analyze what the judges consider in deciding a case in order to be in accordance with the justice values of the parties to the case and the judges' efforts in deciding a case in accordance with the justice values of the parties to the case. This study uses an approachsociological juridical, namely this research only focuses on the results of interviews, in this case it will examine how judges try to decide cases in accordance with the values of justice of the parties to the case.Based on this research, it is concluded that the judge's considerations in deciding the case are considered not in accordance with the values of justice of the parties that we have previously known that in a case there must be evidence that is proven so that the decision meets the values of justice of the parties involved, but there are still some people who think that the judge must be able to decide as fairly as possible but base the decision on the judge's beliefs and the fulfil ment of two pieces of evidence. the judge's efforts in deciding a case in accordance with the values of justice of the parties to the case include firstly upholding procedural law, secondly upholding professional ethics, listening patiently, deciding impartially and considering wisely and using the principle of hearing both parties.]]>
<![CDATA[Effectiveness of the Implementation of Restitution Payment Decisions for Victims of Criminal Acts of Fraud ]]>
<![CDATA[Kusuma, Agung Jaya]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 20, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v20i1.43985
<![CDATA[This study aims to determine and analyze the effectiveness and obstacles in the implementation of restitution payment decisions for victims of fraud in decision Number 343/Pid.Sus/2022/PN.Bjm. This study uses a sociological legal approach method, analytical descriptive research specifications, the data used are primary data and secondary data. Data collection methods include field studies and literature studies, while the data analysis method is qualitative. The theories used in this study are the theory of legal effectiveness and the theory of legal certainty. Based on the results of the study, it can be concluded that the implementation of restitution payment decisions for victims of fraud at the Banjarmasin District Attorney's Office in decision Number 343/Pid.Sus/2022/PN.Bjm has not been effective. This is because it is constrained by the limitations of the law in regulating the technical implementation of restitution payments by the prosecutor's office, the convict's assets are insufficient to pay restitution, and difficulties in tracing assets. The solution to overcome these obstacles is that it is necessary to immediately create regulations related to technical guidelines for the prosecutor's office in managing the assets of convicts as restitution payments, the prosecutor's office coordinates with LPSK, KPKNL to hold FGD meetings with victims to reach an agreement, cooperation with the Financial Services Authority (OJK) or other related institutions to accelerate the asset identification process.]]>
<![CDATA[Investigation of Criminal Acts of Theft Based on Restorative Justice ]]>
<![CDATA[Dwisantosa, Andi]]>;
<![CDATA[Ma'ruf, Umar]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 20, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v20i1.43980
<![CDATA[This study aims to determine and analyze the investigation of the crime of theft based on restorative justice in case Number LP/B/02/IV/2023/SPKT/Ajibarang Police/Banyumas Police/Central Java Police, the reasons for the investigation based on restorative justice, as well as the obstacles and solutions. This study uses a sociological legal approach method with the research specification being descriptive analytical. The data used are primary data and secondary data, while the data collection methods include literature studies and documentary studies. The data analysis method uses qualitative analysis. The theories used are restorative justice theory, law enforcement theory and progressive legal theory. Investigation of the crime of theft based on restorative justice in case Number LP/B/02/IV/2023/SPKT/Ajibarang Police/Banyumas Police/Central Java Police has been carried out in accordance with the Criminal Procedure Code and Police Regulation Number 8 of 2021. The reason for the investigation of the crime of theft based on restorative justice is because restorative justice can provide a more humane, fair, and solution-oriented alternative compared to the retributive approach. Obstacles in the investigation of the crime of theft based on restorative justice are the limitations of the law, the victim does not want restorative justice, there is no peace agreement, passive law enforcement officers, and lack of support from some of the community.]]>
<![CDATA[Police Responsibilities in Security Using Tear Gas in Relation to Child Protection ]]>
<![CDATA[Siburian, Dorprawati]]>;
<![CDATA[Suwondo, Denny]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 20, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v20i1.43974
<![CDATA[This research is an answer to the problem. This type of research is field research, using a sociological legal analysis method, meaning that the type of research used is legal research that is sourced from legislation and approaches related to social theory. The theories used in this study are the Legal Certainty theory from Gustav Radbruch and the Legal Protection theory from Christine STKansil. Referring to the regulation of the Chief of Police No. Pol 16 of 2006 concerning guidelines for crowd control, a warrant is prepared for security activities, training is carried out for personnel appointed to fire tear gas, checking the expiration date of the tear gas to be used, and an attempt is made to reprimand them to be calm or conducive (building communication to avoid more aggressive security efforts). Children are not allowed to be in crowds or in areas that endanger the physical safety of children, but if there are conditions that turn out to be children in vulnerable or dangerous areas, then an appeal is the most important thing. The role of DP3AP2KB in providing advocacy and community education is expected to support efforts to prevent and overcome child protection for their participation in violence, and securing the masses who are forced to use tear gas must be in accordance with Police SOP. The main objective in this protection role is to ensure that the use of tear gas is carried out in a manner that is in accordance with ethical standards and human rights, and to minimize the risk of injury to all parties involved.]]>
<![CDATA[Marriage Guardianship Law for Women in Islamic Jurisprudence, KHI and Supreme Court Decisions (Analysis of Religious Court Judges' Perceptions) ]]>
<![CDATA[Akbar, Ahmad Ali]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 20, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v20i1.43981
<![CDATA[This study aims to understand how Religious Court judges interpret the law on female marriage guardianship in the KHI and jurisprudence. This empirical study involved judges throughout Indonesia through an online survey for 10 months (October 2021 – July 2022) to analyze the legal discovery methods used by judges in deciding related cases. This study analyzed data from 52 religious judges who were determined using purposive sampling. Data collection methods included in-depth interviews, questionnaires, and document studies. Qualitative data analysis with a descriptive-analytical approach was used to describe and interpret the research findings. Research on marriage guardianship for women in the KHI and Supreme Court Decision Number 002 K/AG/1985 shows that there are three main understandings among Religious Court judges: a) marriage guardianship is absolutely necessary for all women; b) marriage guardianship is only mandatory for women under 21 years of age; and 3) the obligation of marriage guardianship can be reviewed based on the benefit and does not deviate from the opinions of the Islamic schools of thought. This difference in understanding arises due to the diverse methods of interpretation of the related articles (19, 71, 107) of the KHI and the Supreme Court Decision. Although the majority of respondents agree that the application of the Supreme Court Decision is more in line with PERMA Number 3 of 2017, the majority of Religious Court judges still believe that the rule of marriage guardians as a pillar of marriage that must be fulfilled for all women is more relevant to be applied in Indonesia today. ]]>
<![CDATA[Legal Protection for Food Suppliers in Hardship in Semarang City ]]>
<![CDATA[Satar, Abdul]]>;
<![CDATA[Winjaya Laksana, Andri]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 20, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v20i1.43976
<![CDATA[This study aims to analyze the legal protection for food supply entrepreneurs in Semarang City in facing difficult conditions caused by external factors such as changes in raw material prices, distribution disruptions, or natural disasters. This study uses a qualitative approach with a case study method to explore the challenges faced by entrepreneurs in managing these risks. The data was collected through in-depth interviews with entrepreneurs, legal practitioners, and local governments, and analyzed using qualitative descriptive analysis techniques. The results of the study show that although there are regulations designed to protect entrepreneurs, such as in the Civil Code and the Consumer Protection Law, their implementation is still limited. Small entrepreneurs often do not have a sufficient understanding of their legal rights and are unable to access affordable legal services. This study recommends increasing legal understanding among entrepreneurs and improving the legal aid system for the small business sector.]]>
<![CDATA[Criminal Law Enforcement Against Dealers as Drug Abuse Perpetrators in Progressive Law ]]>
<![CDATA[Prasetyo, Wahyu]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 20, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v20i1.43982
<![CDATA[Abstract. Law enforcement aims to create justice, certainty and benefits, in relation to drug abuse, law is one alternative solution to eradicate drug abuse, because the law contains a number of rules and provisions to ensure that the norms in the law are obeyed by the community. Drug abusers more often end up in prison than given the right to rehabilitation. The dimensions of health and recovery, both physical and psychological, through rehabilitation are less considered and tend to be sidelined. The imposition of sanctions for users should be more oriented towards the aspect of rehabilitation punishment rather than prison sentences, because this is to emphasize and clarify the sanctions between drug dealers and abusers. The approach method used is normative juridical, namely a library legal research conducted by examining library materials or secondary data only using deductive thinking methods. The writing specifications use descriptive analysis, the sources and types of data used are secondary data. The data collection method is by collecting data using secondary data collection methods. The problems are analyzed with the theory of law enforcement and the theory of legal effectiveness. For drug addicts or dealers as a substitute for imprisonment sanctions adopted from the double track system model, which is a two-track system regarding sanctions in criminal penalties, namely the type of criminal sanctions and the type of action sanctions. The guarantee of legal protection provided for drug addicts is regulated through Law No. 35 of 2009 concerning Narcotics by providing rehabilitation, both medical and social rehabilitation as stated in Article 54 of the narcotics law, namely that "drug addicts and drug abuse addicts are required to undergo medical rehabilitation and social rehabilitation. The effectiveness of law enforcement against dealers as perpetrators of drug abuse is still inconsistent with the government's implementation of the Law. So this provides a legal problem in dealing with this problem, in this case there needs to be a reconvention in the Law that can be implemented according to the circumstances that occur and does not change it at any time making this less effective ]]>
<![CDATA[Criminal Law Policy Based on Pancasila Values in the Framework of Strengthening Cyber Security ]]>
<![CDATA[Akbar Alfianda, Doni]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 20, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v20i1.43977
<![CDATA[Today, threats to the sovereignty of the Indonesian nation are no longer military threats or colonialism over the seizure of a region conventionally, we are entering a digital era where crime enters virtual spaces that can even be said to be borderless. Crime in the digital era is commonly called cybercrime. Cybercrime not only has the potential to damage personal data and information, but can also destroy economic and business activities, infrastructure, and even the stability of a country's national security. Cybercrime is a crime committed by utilizing information and communication technology (ICT). This crime can be said to be an extraordinary crime, therefore in overcoming and preventing it, extraordinary measures are also needed. Prevention and overcoming should be carried out using a criminal law policy approach based on the values of Pancasila. Pancasila is the ideology of the Indonesian nation which is the basis of the state, legal views and legal ideals (rechtidee) of its people in living the life of the nation and state. In addition, Pancasila is also full of respect for humanitarian values and protection of human rights. In such conditions, the existence and relevance of Pancasila in the process of implementing and formulating criminal law policies are not automatically established, but require various efforts to enforce them. National criminal law policies in the context of strengthening and developing cyber security must lead to state goals and be guided by the values of Pancasila as the foundation of the state.]]>
<![CDATA[The Concept of Police Discretion Against Children in Conflict with the Law ]]>
<![CDATA[Susilo, Agus]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 20, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v20i1.43983
<![CDATA[The purpose of this research is toto study and analyze the form of police discretion in dealing with children in conflict with the law. In this writing, the author uses a normative legal method with research specifications in the form of descriptive analysis. Investigation of a child by the police is a measure of the child's personality, he can be good or otherwise, therefore a special police unit is needed that is trained in serving and handling children. Discretion as one way to handle child cases is one of the authorities of the police in using their discretionary authority. Discretion is expected to minimize the number of children who must experience detention and all forms of rules in positive criminal law or create children as victims of criminal behavior of children. In the Child Criminal Justice System Law, discretion is given to investigators to be able to seek diversion. This can be seen in Article 29 of the Child Criminal Justice System Law, namely: Investigators are required to seek diversion no later than 7 days after the investigation begins; The diversion process as referred to in paragraph 1 is carried out no later than 30 days after the start of the diversion. ]]>
<![CDATA[Search According to Criminal Procedure Law From a Human Rights Perspective ]]>
<![CDATA[Muiz, Abdul]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 20, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.30659/jhku.v20i1.43978
<![CDATA[Searches are one of the coercive measures in criminal procedure law that often cause a dilemma between the interests of law enforcement and the protection of human rights (HAM). In the criminal justice process, searches carried out by law enforcement officers are often considered a threat to privacy and individual freedom. As part of coercive measures, searches can only be carried out under certain conditions and must comply with applicable legal procedures so as not to violate a person's basic rights. Therefore, it is important to review the implementation of searches in criminal procedure law from a human rights perspective to ensure that this action is not excessive and still respects individual rights. This study uses a normative legal research method, which involves a regulatory approach and analysis of human rights principles in the context of conducting searches. The main data sources consist of national legal regulations governing searches, international human rights instruments, and relevant court decisions as analysis materials. Data collection was carried out through literature studies and analyzed descriptively qualitatively to understand the extent to which criminal procedure law in Indonesia is in accordance with human rights principles in conducting searches. The results of the study show that although criminal procedure law in Indonesia has regulated searches, in practice there are often deviations that have the potential to violate human rights. Several problems, such as the lack of transparency in search procedures and weak supervision of the actions of law enforcement officers, are the main focus of this study. This discussion emphasizes the importance of revising regulations and strengthening oversight mechanisms to prevent human rights violations in the search process and ensure protection of the right to privacy and individual freedom. ]]>
