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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 Role and Responsibilities of the Military Police in Handling Criminal Acts of Fraud by Members (Case Study in Military Region IV/Diponegoro and Military Police Detachment IV/5) Surorejo, Sudiyanto; Ngazis, Muhammad
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46222

Abstract

Abstract. A case study in Military Region IV/Diponegoro shows the importance of Military Police professionalism in resolving legal violations firmly, fairly, and transparently. The aim of this research is to examine and analyze the role and responsibility of the military police in dealing with fraud crimes by members (Case Study in Military Region IV/Diponegoro and Military Police Detachment IV/5) and to identify obstacles in carrying out the role and responsibility of the military police in addressing fraud crimes by members (Case Study in Military Region IV/Diponegoro and Military Police Detachment IV/5) and how to overcome them. This study uses a sociological juridical method with descriptive-analytical specifications. Primary data were obtained directly through interviews and analyzed using legal theory. The results of this study concern the role and responsibility of the military police in handling fraud committed by members (Case Study in Military Region IV/Diponegoro and Military Police Detachment IV/5). The Military Police have a strategic role in handling fraud committed by TNI members, as regulated in Law Number 3 of 2025 concerning the Amendment to Law Number 34 of 2004 on the Indonesian National Armed Forces and Law Number 31 of 1997. In the case of Sertu NSW which occurred in the Kodam IV/Diponegoro area, Military Police Detachment IV/5 concerned an investigation based on Article 378 of the Criminal Code. The investigation process followed Article 75, including the summoning of witnesses, seizure of evidence, and detention. In handling fraud committed by TNI members, the Military Police face several obstacles, such as difficulty obtaining testimony from witnesses due to fear, and pressure from families to settle the case amicably. In the case of Sertu NSW, witnesses were reluctant to come to the Denpom, even though the loss amounted to IDR 114,700,000. Solutions to these problems include providing legal protection to witnesses according to the principle of witness and victim protection, educating all parties about criminal sanctions, and guaranteeing the confidentiality of witness identities so they are willing to provide honest testimony.
The Role of the Prosecutor's Office in Prosecuting Criminal Acts of Sexual Harassment Against Minors (Case Study at the Semarang District Attorney's Office) Rustaman, Viva Hari; Gunarto, Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46243

Abstract

Abstract. The high number of cases of sexual harassment against minors is an important matter to be handled immediately, especially by the police as law enforcement officers, the prosecutor's office as law enforcement officers has various roles in criminal acts of sexual harassment against minors as in accordance with applicable laws and regulations. This study aims to determine, examine, and analyze the role of the Prosecutor's Office in prosecuting criminal acts of sexual harassment against minors at the Semarang District Prosecutor's Office, the obstacles and solutions of the Prosecutor's Office in prosecuting criminal acts of sexual harassment against minors at the Semarang District Prosecutor's Office, and the concept of the role of the Prosecutor's Office in prosecuting criminal acts of sexual harassment against minors in the Future. The approach method used in this study is sociological juridical. The specifications of this study are descriptive analytical. The data source used is primary data. While secondary data is obtained from literature study research consisting of primary legal materials, secondary legal materials, and testier legal materials. Based on the results of the study, it can be concluded that the role of the prosecutor's office in prosecuting criminal acts of sexual harassment against minors at the Semarang District Attorney's Office acts as a controller of the case process (Dominus litis) which also plays a role from the stage of receiving the transfer of case files from investigation to prosecution by considering aspects of child protection and justice based on the Criminal Procedure Code, Law Number 35 of 2014 concerning Child Protection, and Law Number 12 of 2012 concerning Criminal Acts of Sexual Violence. Obstacles and solutions for the prosecutor's office in prosecuting criminal acts of sexual harassment against minors at the Semarang District Attorney's Office, namely weak and inconsistent victim statements, lack of additional evidence, suboptimal coordination between law enforcement officers, social stigma and family intervention, lack of special prosecutors or special competence and solutions to overcome the obstacles experienced, namely by increasing the capacity and specialization of prosecutors, strengthening evidence through expert collaboration, encouraging a child-friendly trial system, utilizing the TPKS Law and child protection.
Legal Analysis of the Crime of Aggravated Theft: Assessing Social Justice in Law Enforcement (Case Study of Case Number 1454/Pid.B/2024/PN Sby) Hidayat, Mahatir Muhammad; Gunarto, Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46048

Abstract

The Unitary State of the Republic of Indonesia (NKRI) is a state of law. Based on Article 1 paragraph 3 of the 1945 Constitution, it means that Indonesia is a state that is not based on power (maachstaat). All aspects of society, statehood, and government must be regulated by law. To realize a state of law, legal instruments are needed to regulate all aspects of people's lives to maintain justice and balance. Pancasila and the 1945 Constitution as a philosophical basis are used in national and state life, not only in terms of legislation, but also in all aspects of life. The approach method used in this study is the normative legal approach method. In the normative legal approach, legal research is carried out by examining library materials or secondary data as basic materials for research by conducting searches for regulations and literature related to the problems to be studied. The judge in this case applied a penal policy that prioritized sensitivity to the defendant's condition, including his socio-economic background, the losses that had been recovered, and a cooperative attitude during the legal process. This approach reflects the restorative and humanistic spirit that is also the spirit of national criminal law reform according to the thoughts of figures such as Muladi and Barda Nawawi Arief. Within this framework, Muladi emphasized that the criminal justice system should "not only be repressive and retributive, but must also have a rehabilitative and reintegrative dimension." Meanwhile, Barda Nawawi Arief is of the opinion that the Indonesian criminal justice system must take into account the values of justice that exist in society, because "criminal law does not only reflect legalistic values, but also developing moral and social values." This decision shows a progressive trend in criminal justice practices, emphasizing the importance of the function of law as a tool of social engineering that is adaptive to the dynamics of justice and morals in society. Thus, punishment does not merely function as retribution, but as a means of guidance, rehabilitation, and prevention.
Acquittal Due to the Elimination of the Authority to Prosecute Criminal Charges for Class I Narcotics Crimes (Case Study of Decision Number: 90/Pid.Sus/2023/PN.Sdr) Nurhasan, Muhammad Algifari; Arifullah, Achmad
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46097

Abstract

The study aims to provide the legal implications of acquittal decisions due to the elimination of the authority to prosecute criminal acts of Class I Narcotics at the Sidenreng Rappang District Court as legal responsibility, and the judge's legal considerations in acquittal decisions due to the elimination of the authority to prosecute criminal acts of Class I Narcotics at the Sidenreng Rappang District Court. The sociological legal approach method is an approach to studying and discovering legal realities experienced in the field or an approach that is based on problems concerning legal matters and existing realities, using the theory of Pancasila Justice and the Legal System. The results of the research and discussion are that (1) The legal implications of the acquittal decision due to the elimination of the authority to prosecute criminal acts in Class I Narcotics crimes at the Sidenreng Rappang District Court as the defendant's legal responsibility is released from all criminal charges for the case, but the act charged is still recognized as having been committed. Other legal implications can result in two sides, namely it can have a good impact and can also have a bad impact on all parties. The positive impact of the acquittal decision is to provide justice, certainty and benefits to the defendant as one of the fulfillments of the objectives of the law. (2) The judge's legal considerations in the acquittal decision due to the elimination of the authority to prosecute criminal acts in Class I Narcotics crimes at the Sidenreng Rappang District Court, the judge considers several important things when issuing an acquittal decision due to the elimination of the authority to prosecute criminal acts. These things include evidence in court, charges, demands, witness statements, and other facts that support the judge's decision. In addition, the judge also considers legal and non-legal reasons, such as the defendant's background. The Supreme Court's decision stated that the defendant was not proven legally and convincingly guilty of committing the acts as charged in the public prosecutor's indictment.
Legal Protection for Briquette Trademark Holders in Indonesia (Study on Decision Number 70pdt.Sus-HKI/Merek/PN Niaga.Jkt.Pst) Syafira, Nimasgari Dhaeyu Wildan; Mashdurohatun, Anis
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46172

Abstract

Brands are part of intellectual property rights that have been used for hundreds of years and play an important role in the world of advertising and marketing in the business world. The formulation of the problem in this study is, 1) How is the legal protection for Briket trademark holders in Indonesia, 2) What is the basis for the judge's consideration in Decision Number 70/Pdt.Sus-HKI/Merek/2019/PN Niaga. Jkt. Pst related to legal protection for trademark holders in Indonesia, 3) How should the legal protection for trademark holders in Indonesia be. This research method uses a Normative Juridical approach. Legal research in a Normative Juridical manner examines the implementation of positive legal provisions (legislation) factually in every specific legal event that occurs in society in order to achieve predetermined goals. The results of this study indicate that: Legal protection for briquette brand holders is only given to parties who register their brands in good faith. Therefore, parties who apply for trademark registration based on bad faith will not be given legal protection. 2) The basis for the judge's consideration in Decision Number 70 / Pdt.Sus-HKI / Merek / 2019 / PN Niaga. Jkt. Pst is Law Number 20 of 2016 concerning Trademarks and Geographical Indications related to legal protection for trademark holders in Indonesia. Consumer legal protection against passing off related to public misleading in Indonesia, namely consumers can report business actors who carry out unfair business competition to the Business Competition Supervisory Commission. 3) Legal protection for Trademark holders in Indonesia in the future will be carried out by repressive efforts or active efforts to protect registered briquette brands can be carried out with a complaint offense by filing a lawsuit for damages and a lawsuit for cancellation of Trademark registration or criminal lawsuits through law enforcement officers. Repressive legal protection is carried out if there has been a violation of Trademark rights. Article 76 of the Law on Trademarks and Geographical Indications provides protection to registered trademark owners to file lawsuits against other parties who unlawfully use trademarks that are essentially or wholly similar.
Implementation of Confiscation of Beneficial Owner Assets in Money Laundering Cases (Case Study of Ratu Atut Chosyiah) Ridho, Rahmad; Arpangi, Arpangi
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46189

Abstract

Abstract. In the national legal framework, the concept of discussion on money laundering was first formulated and enforced in Law Number 15 of 2002 concerning the Crime of Money Laundering. This law was then updated and revised again in Law Number 25 of 2003. The existence of this law is expected by the State (government) to end money laundering, strengthen law enforcement considering the inadequate human resources involved in money laundering cases, and take a new approach to international collaboration in increasingly complex money laundering cases. Law Number 15 of 2002 concerning Money Laundering Crimes explicitly states that money that is laundered generally comes from criminal acts, including corruption as one of its main sources. The perpetrators will try to keep the proceeds of the crime away from their original source and camouflage them in the form of assets that appear legal. Furthermore, money laundering is defined as a set of procedures carried out to change the status of money from criminal acts-which is legally considered illegitimate or haram-into clean and acceptable income according to applicable laws. In practice, asset forfeiture not only functions as a repressive tool, but also as a preventive measure to prevent the shifting or escape of assets to other parties. Unfortunately, until now, the Draft Law on Asset Confiscation which is expected to provide a strong legal basis, is still stuck on the legislator's desk and has not been a priority in the National Legislation Program (Prolegnas).
Criminal Law Policy in Handling Criminal Acts of Drug Abuse Among Adolescents (Case Study at Cirebon City Police) Subagja, Riki; Winjaya Laksana, Andri
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46206

Abstract

Abstract. Drug and illicit drug abuse is an international crime and an extra ordinary crime. The definition is a crime that has a very large and multidimensional impact on social, cultural, economic and political and the negative impact caused by this crime is so terrible. The purpose of this study is to determine and analyze criminal law policies in overcoming the crime of drug abuse among teenagers. To determine and analyze the obstacles faced by the police in overcoming the crime of drug abuse among teenagers and their solutions. The method used by the researcher is a sociological legal aproach and the specifications in this study are descriptive. The sources and types of data in this study are primary data obtained through interviews and secondary data obtained from literature studies. The data is analyzed qualitatively using the theory of the rule of law and the theory of the legal system. Based on the results of the study, the Criminal Law Policy in overcoming the crime of drug abuse among adolescents focuses on law enforcement, rehabilitation, and prevention. The Narcotics Law (Narcotics Law) is the main legal basis, with criminal sanctions that vary depending on the type and amount of narcotics involved. Overcoming drug crimes, including synthetic tobacco and crystal methamphetamine, among adolescents requires a comprehensive aproach. In addition to strict law enforcement, effective rehabilitation and prevention are needed to prevent drug abuse among adolescents. The main obstacles in overcoming drug crimes, especially among adolescents, include: easy access to drugs, lack of understanding of the dangers of drugs, and lack of adequate suport and rehabilitation. Solutions that can be taken include intensive education, strict law enforcement, and social suport and rehabilitation for drug addicts.
Electronic Traffic Law Enforcement to Reduce Traffic Violations in Indonesia Sitoresmi, Sitoresmi; Gunarto, Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46217

Abstract

Abstract. UULLAJ as a form of legal certainty in terms of protecting human rights, especially in driving on the road, must be strengthened by good and integrated law enforcement officers. The Indonesian National Police are traffic law enforcement officers who have an important role in providing services to the community in the traffic sector, such as order, smoothness, and improving the quality of the community in driving, because the main factor supporting modern human productivity is traffic. The legal basis for taking action against violations on the road using electronic devices or ETLE is regulated in Article 272 of Law Number 22 of 2009 which states that to support the activities of taking action against traffic and road transportation violations, electronic equipment can be used, and the results can be used as evidence in court. Based on Article 23Government Regulation (PP) Number 80 of 2012Regarding the Procedures for Inspecting Motor Vehicles on the Road and Enforcement of Traffic and Road Transportation, enforcement of traffic and road transportation violations is also regulated based on findings in the inspection process of motor vehicles on the road, reports, and/or electronic equipment recordings. Based on data from the Dirgakkum Korlantas Polri from national accident data in 2023, there were almost 152 thousand accidents, almost 18,357 fatalities, 11,689 serious injuries, and 134,800 minor injuries throughout Indonesia. The implementation of ETLE in the East Java Regional Police area has only been installed in several areas or police stations with several points, namely the East Java Regional Police Traffic Directorate (21 points), Surabaya Police (24 points), Madiun Loc. city Police (4 points), Gresik Police (5 points), Lamongan Police (2 points), Tulungagung Police (2 points), Batu Police (1 point), Sidoarjo Police (3 points).
Urgency of the Death Penalty in Efforts to Create a Deterrent Effect in Eradicating the Crime of Narcotics Trafficking Joko, Tri; Ngazis, Muhammad
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46236

Abstract

Abstract. The type of research in this thesis is empirical research. Empirical law research is also called sociological law research, which is a legal research that studies law conceptualized as actual behavior, as an unwritten social phenomenon, experienced by everyone in social life. Based on the research results, it can be seen thatThe regulation of the death penalty for narcotics traffickers in Indonesia is currently regulated in Article 114 and Article 119 of the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics, however, the existence of PK and pardons are often the reasons for postponing or even canceling the execution of the death penalty for narcotics dealers. The obstacles that result in the failure to realize the deterrent effect through the death penalty in eradicating narcotics crimes today are the formal legal weaknesses, namely the existence of PK and gerasi which can cancel and postpone the execution of the death penalty for narcotics dealers. The material legal weaknesses are in the form ofLaw Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions andRepublic of Indonesia Law Number 35 of 2009 Concerning Narcoticsdoes not specifically contain regulations related to the distribution of narcotics electronically or through social media and the internet. This can be a source of increasing digital-based narcotics circulation that is difficult to prosecute. These various circumstances will clearly result in the absence of a deterrent effect for perpetrators of narcotics distribution.Empirical constraints in the form of economic needs that can be due to dealers being drug addicts so they need narcotics through efforts to become dealers, or purely dealers are only looking for profit for their economic needs, have resulted in dealers having no choice not to commit the crime of drug trafficking. The solution that can be done is to regulate the exception of granting pardons to drug dealers in the Republic of Indonesia Law Number 5 of 2010 concerning Amendments to Law Number 22 of 2002 concerning Pardons considering that drug trafficking is a serious problem that can damage the future of the nation and state. Specifically regulate the digital distribution of narcotics, so that drug dealers in the digital world can be subject to the death penalty as the maximum penalty with aggravation. The government needs to supervise the community, especially teenagers seriously, especially for people with weak economies regarding the existence of drug trafficking.
Legal Analysis of Responsibility for the Criminal Act of Aggravated Theft Syahrul Ramadhan, La Ode Muhammad; Ma'ruf, Umar
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46033

Abstract

This thesis examines the application of criminal law to perpetrators of aggravated theft, with a specific focus on the juridical analysis of Decision Number 644/Pid.B/2024/PN Mtr. The research is motivated by the importance of fair and proportional law enforcement in cases of aggravated theft, particularly in determining criminal sanctions that align with the degree of culpability and the defendant's personal circumstances. The objective of this study is to analyze how the law is applied in sentencing the defendant and to assess the legal reasoning employed by the judge in delivering the verdict. This research adopts a normative juridical approach, emphasizing library research and analysis of relevant statutory provisions, legal doctrines, and judicial decisions. Primary data consists of the court ruling, while secondary data is obtained from legal literature related to substantive criminal law and criminal procedure. The findings of the study indicate that the legal application in this aggravated theft case refers to Article 363 of the Indonesian Criminal Code (KUHP). However, there is a discourse surrounding the proportionality of the sentence imposed. The judge considered several factors, including the socio-economic condition of the defendant, the defendant's confession and remorse, and the impact of the act on the victim. These considerations reflect the application of the principle of individualized sentencing, in which punishment is not solely retributive but also incorporates rehabilitative elements.

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