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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 of the Police Security Intelligence Unit in Disclosing Murder Cases (Case Study at the Rembang Police) Rochmad, Miftakur; 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.v20i2.46085

Abstract

The crime of murder is a form of crime that has a serious impact on the stability of security and public order. In dealing with this crime, law enforcement efforts are needed that are not only reactive, but also preventive and strategic. One important element in the process of revealing murder cases is the role of the police Intelligence and Security Unit in helping to reveal murder crimes. This study aims to determine, examine, and analyze the role of the police security intelligence unit in revealing the case of murder at the Rembang Police, obstacles and solutions to the role of the police security intelligence unit in revealing the case of murder at the Rembang Police, and the concept of the role of the police security intelligence unit in revealing the case of murder in the future based on legal certainty. 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 police security intelligence unit in uncovering the murder case at the Rembang Police is to play an important role in supporting the investigation and inquiry process, which plays a role in collecting initial information, analyzing and evaluating information, coordinating with the Criminal Investigation Unit (Satreskrim) and monitoring the security situation. Obstacles and solutions to the role of the police security intelligence unit in uncovering the murder case at the Rembang Police are limited personnel and operational facilities, the difficulty of digging up information from the public, invalid information and hoaxes on social media, the solution is to increase the capacity of personnel and intelligence facilities, strengthen partnerships with the community, manage digital information and intelligence literacy, optimize cross-functional coordination, and uphold neutrality and intelligence ethics. The concept of the role of the police security intelligence unit in uncovering murder cases in the future based on legal certainty, namely by strengthening the legal basis of police intelligence, using standardized technology, conducting cross-unit coordination that is orderly by law, and increasing professionalism and intelligence ethics.
Effectiveness of Efforts to Eradicate Land Mafia in Cirebon City Ridwan, Nanang; Hafidz, Jawade
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.v20i2.46165

Abstract

Land mafia is a serious problem that can harm society and the state. As a serious problem, the law, which is a state instrument in national land management that is mandated to be able to eradicate land mafia, has not been optimally implemented. This is proven by the increasing number of land mafia cases, including in the Cirebon City area. This thesis research aims to determine and analyze the implementation of land mafia eradication efforts in the Cirebon City Area at this time and to determine and analyze the obstacles and solutions in implementing land mafia eradication efforts in the Cirebon City Area at this time. The type of legal research used is analytical descriptive. In this non-doctrinal legal research, law is conceptualized as a manifestation of the symbolic meanings of social actors as seen in the interactions between them. That the real reality of life does not exist in the empirical world which is also the world of observation, does not appear in the form of objectively patterned and structured behavior (let alone normative) and therefore can be measured to produce quantitative data. Based on the research conducted, it was found that the implementation of efforts to eradicate land mafia in the Cirebon City area is currently not optimal, this is because...the absence of regulations regarding the criminal law enforcement process in the Technical Instructions of the Ministry of Agrarian Affairs and Land Affairs Number 01/JUKNIS/D.VII/2018 concerning the Prevention and Eradication of Land Mafia. So that the Technical Instructions of the Ministry of Agrarian Affairs and Land Affairs Number 01/JUKNIS/D.VII/2018 concerning the Prevention and Eradication of Land Mafia only regulate the implementation of handling land mafia cases with an administrative approach, this results in a lack of severe sanctions to create a deterrent effect for land mafia perpetrators inCirebon City. Suggestions that can be given in this thesis are bFor the public, it is necessary to understand the importance of proper management and storage of land ownership certificate documents, and for the government, it is necessary to emphasize the mechanism for implementing criminal sanctions in the Technical Instructions of the Ministry of Agrarian Affairs and Land Affairs Number 01/JUKNIS/D.VII/2018 concerning the Prevention and Eradication of Land Mafia to create a deterrent effect for land mafia perpetrators.
Legal Analysis of the Application of Criminal Sanctions Against Perpetrators of Aggravated Theft Based on Pancasila Justice (Criminal Case Study Decision Number: 170/Pid.B/2024/PN.Skt) Sutadharma, Putu Andy; Bawono, Bambang Tri
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.v20i2.46184

Abstract

The background of the problem began with the rampant corruption cases in the Village Credit Institutions (LPD) in Bali. LPD management that deviates from the provisions of laws and regulations is prosecuted as a criminal act of corruption. The dilemma in imposing a replacement fine on LPD corruption cases in Bali is interesting to study further. If the replacement money is paid to the State Treasury, the state's loss in this case the LPD's loss is irrecoverable. Several judges' decisions impose a replacement fine with the order that reads "Ordering the defendant to pay the replacement money to the State Treasury cq LPD". The implementation of the replacement fine is open to multiple interpretations and tends not to side with the community/krama who are victims of the corruption. This study uses a normative legal research method. The results of this study aim to solve the issue of criminalizing replacement money for corruption crimes that occurred at LPD in Bali from the perspective of state losses, in this case LPD losses, where the victims are LPD customers/krama. That there are still many other similar decisions that include the injunction, namely imposing a replacement monetary penalty that is deposited into the State Treasury cq. LPD Cash. It is implied that the purpose of the replacement monetary penalty from the verdict which states that it is deposited into the State Treasury cq. LPD Cash is intended to recover state losses in this case suffered by the community as LPD customers themselves. It appears that the regulation of replacement monetary penalties as stipulated in Article 18 paragraph (1) letter b for defendants in the perspective of corruption crimes in LPD in Bali, the legal norms are vague or unclear (unclear of norm/vague van de normen). The solution to this unclear legal norm requires interpretation or interpretation for law enforcers, especially judges, in imposing additional criminal sentences whose purpose is to replace state losses in this case LPD losses.
Legal Protection for Children as Victims of Criminal Acts of Sexual Intercourse Committed by People Who Have Family Relationships and Carried Out Continuously (Case Study of Decision Number: 49/Pid.Sus/2024/PN Mtw) Situmeang, Ria Debora; Wahyuningsih, Sri Endah
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.v20i2.46201

Abstract

Abstract. The crime of sexual intercourse with a child can be classified as an immoral crime that can damage the child's future. Article 82 Paragraph (1) Jo. Article 76 E of Law 23 of 2002 concerning Child Protection regulates the Act of Sexual Intercourse Against Children. The purpose of this study is to determine and analyze legal protection for children as victims of the crime of sexual intercourse committed by people who have family ties and are carried out continuously at the Muara Teweh District Court. To determine and analyze the obstacles and solutions to legal protection for children as victims of the crime of sexual intercourse committed by people who have family ties and are carried out continuously at the Muara Teweh District Court. The method used by the researcher is a normative legal aproach and the specifications in this study are descriptive analytical. The sources and types of data in this study are secondary data obtained from literature studies. The data is analyzed qualitatively using the theory of legal protection and the theory of legal effectiveness. Based on the results of the study, legal protection for child victims of sexual intercourse committed by people with ongoing family relationships in the Muara Teweh District Court is regulated in the Child Protection Law (Law Number 35 of 2014 concerning Child Protection) and related legislation. This law provides special protection through various efforts, including social rehabilitation, psychosocial assistance, and handling cases in juvenile courts. The criminal penalties imposed on the perpetrator are also increased if the act is carried out continuously or by the victim's parents. The penalties imposed for perpetrators of this crime are severe, and the juvenile justice system provides special protection to victims. Obstacles to legal protection for children as victims of sexual intercourse committed by people who have ongoing family relationships and carried out continuously in the Muara Teweh District Court are the lack of public awareness, the inability of law enforcement officers, and weak suport from family and the community. Solutions include: Increasing Education and Socialization, Training of Law Enforcement Officers, Increasing Suport from Family and the Community.
Criminalization of Perpetrators of the Crime of Theft with Pancasila Aggravation (Criminal Case Study Decision Number: 401/Pid.B/2024/PN Bgl) Purba, Ruth Cheline Eglesya; Hanim, Lathifah
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.v20i2.46212

Abstract

Abstract. Law is a norm or rule that contains mandatory legislation and anyone who violates the article will receive legal sanctions. The legal subjects who are to be prosecuted are not only those who have actually committed unlawful acts, but also legal acts that may arise and equip the state to act in accordance with the laws currently in force. The crime of theft itself is regulated in Article 362 of the Criminal Code and the crime of aggravated theft is regulated in Article 363 of the Criminal Code. The crime of theft is one of the types of crimes in Indonesia, this violation is regulated in Article 362 of the Criminal Code. There are many ways to classify the types of theft crimes, one of which is the crime of theft with its level adjusted according to Article 363 of the Criminal Code Research from the case study of decision no. 401/Pid.B/2024/PN Bgl discusses a theft case that occurred in Bengkulu City. On Monday, July 8, 2024, at around 02.00 WIB, the defendant Oki Dwi Saputra alias Oki bin Nasrah committed theft at a house located on Jalan Beringin Rt.06 Rw.03, Padang Jati, Ratu Samban District, Bengkulu City. At that time, the victim was sleeping in his house. The defendant who was walking home passed the victim's house and saw the kitchen door open. Using this oportunity, the defendant entered the victim's house without permission and took two cellphones, namely one Vivo Y66 unit in rose gold and white and one Realme unit in gray. After successfully taking the two cellphones, the defendant immediately ran out of the house. The victim, who realized that his belongings had been taken, shouted "Thief", so the defendant was chased by the victim and local residents. The defendant's escape was stoped when he was successfully secured in front of the Sawah Lebar Sports Building by the victim and the community. As a result of the defendant's actions, the victim suffered material losses of around one million rupiah. For his actions, the defendant was charged with a single charge based on Article 363 paragraph (1) 3 of the Criminal Code concerning aggravated theft.
Legal Analysis of the Authority of the Representative of the Ombudsman RI of North Kalimantan Province in Resolving Reports of Levies at Public Junior High Schools in Tarakan City (Case Study of Public Report Registration No. 0028/LM/VIII/2024/Trk) Syahruddin, Syahruddin; Tri Bawono, Bambang
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.v20i2.46231

Abstract

Abstract. This study aims to analyze the legal authority possessed by the Representative of the Ombudsman of the Republic of Indonesia for the Province of North Kalimantan in handling and resolving reports of alleged levies carried out by the State Junior High School in Tarakan City, with a focus on a case study of the Public Report Registration Number 0028/LM/VIII/2024/TRK. The report relates to the alleged practice of levies that are not in accordance with the provisions of laws and regulations in the basic education environment, which should prioritize the principle of free and non-discriminatory education as mandated in Law Number 20 of 2003 concerning the National Education System. This study uses a normative legal approach by reviewing relevant laws and regulations, report documents, and other secondary data. The analysis was conducted to assess whether the steps taken by the Representative of the Ombudsman of the Republic of Indonesia of North Kalimantan Province in following up on public reports were in accordance with the authority granted under Law Number 37 of 2008 concerning the Ombudsman of the Republic of Indonesia and other implementing regulations. The results of the study show that the Representative of the Ombudsman of the Republic of Indonesia for North Kalimantan Province has exercised its authority legally and proportionally in handling Report No. 0028/LM/VIII/2024/TRK. The examination process was carried out objectively and accountably, resulting in findings of maladministration of levies carried out by the school. The Ombudsman then issued corrective actions in the form of stopping levies and returning funds to parents/guardians of affected students. These corrective actions are a form of implementing the supervisory function of public services in the field of education. The conclusion of this study emphasizes the importance of the Ombudsman's role in maintaining the principles of good governance and protecting people's rights, especially in the education sector.  
The Role of Prosecutors in the Implementation of Judges' Decisions on Corruption Crimes (Case Study at the Ende District Attorney's Office) Partimi, Yuli; Laksana, Andri Winjaya
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.v20i2.46250

Abstract

Abstract. The role of prosecutors is very important in the implementation of criminal decisions for corruption crimes, considering that prosecutors are responsible for ensuring that court decisions can be implemented effectively in order to uphold justice and restore public confidence in the legal system. This study aims to determine and analyze the role of prosecutors in the implementation of judges' decisions on corruption crimes at the Ende District Attorney's Office along with the obstacles faced and their solutions. This study uses a sociological juridical approach method, the research specification is descriptive analytical. The data used are primary data and secondary data while the data collection method is carried out through field studies and literature studies. The data analysis method is qualitative. The theories used are the theory of law enforcement and the theory of how the law works. Based on the research results it can be concluded that he role of prosecutors in implementing judges' decisions on corruption crimes at the Ende District Attorney's Office has been carried out with their authority as stipulated in the law. The obstacles in implementing judges' decisions on corruption crimes at the Ende District Attorney's Office are the lack of functional prosecutors, difficulties in asset tracing, and the failure to implement replacement money decisions. Therefore, the solution is to add prosecutors for special crimes, conduct asset tracing from the investigation stage until before the implementation of the criminal sentence or imprisonment is completed, and take a preventive approach to the convict's family.
Police Digital Forensics Functional in Handling Hate Speech Crimes in Cyberspace Junaidi, Junaidi; 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.v20i2.46021

Abstract

The Police Criminalistics Laboratory is part of the organizational structure of the Police which has the task or function as a supervisor, implementer of criminalistics or Forensics, as a science whose application is to provide technical support in the investigation/investigation of criminal acts. This study aims to Functional Digital Forensics of the Police in Handling Hate Speech Crimes in Cyberspace. In this study, the approach method used is: a normative legal approach (normative legal research method). library legal research conducted by examining library materials or secondary data alone. 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 everything related to the Functional Digital Forensics of the Police in Handling Hate Speech Crimes in Cyberspace. In the context of Indonesian law, digital forensics has been legitimized as valid evidence through the recognition of electronic evidence in the Electronic Information and Transactions Law (UU ITE), as well as the Draft Criminal Procedure Code which accommodates electronic evidence as part of legal evidence. Therefore, the use of digital forensics must be carried out by competent experts and follow established procedures so that the results can be legally accepted in court. Digital forensics plays a vital role in proving the perpetrators in hate speech crimes in cyberspace. Through a scientific process that can be accounted for, digital forensics is able to reveal who exactly "everyone" is referred to in the criminal article. Its main function is not only in collecting evidence, but also in validating, authenticating, and presenting digital data as valid legal evidence. In this digital era, the success of law enforcement against hate speech is highly dependent on the sophistication and integrity of digital forensics.
Legal Review of Termination of Prosecution of Drug Abusers Based on Restorative Justice (Case Study of Bengkalis District Attorney's Office) Sitanggang, Marulitua Johannes; Laksana, Andri Winjaya
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.v20i2.46075

Abstract

The practice of legal policy in Indonesia, as part of the national legal policy in resolving narcotics crime cases, still positions the actions committed by narcotics abusers as serious crimes that must be punished with criminal sanctions. The purpose of this research is to examine and analyze the implementation of prosecution termination by the Prosecutor's Office against narcotics addicts through a restorative justice approach, and to examine and analyze the obstacles in the implementation of such prosecution termination along with the proposed solutions. This legal research uses an empirical legal research method. Empirical juridical research is legal research that applies legal principles and doctrines to review, observe, and analyze legal issues, while also assessing the implementation of the law in practice. The implementation of prosecution termination by the Prosecutor's Office against narcotics addicts through a restorative justice approach is a progressive step that emphasizes rehabilitation and recovery rather than punishment. Its legal basis includes the Prosecutor's Regulation of the Republic of Indonesia Number 18 of 2021 and Article 127 of the Narcotics Law, which recognizes addicts as victims who deserve medical and social rehabilitation. This approach also aims to reduce prison overcrowding and break the chain of drug distribution through selective handling and inter-institutional collaboration. However, the approach faces challenges in terms of unsynchronized legal substance, weak structural coordination, and cultural resistance, including public stigma. Proposed solutions include regulatory harmonization, enhanced prosecutorial capacity, strengthened rehabilitation facilities, and public anti-stigma campaigns. As part of long-term legal reform, the decriminalization of narcotics users is also considered important to shift the legal approach from punitive to a more humane and health-oriented model.
The Effectiveness of the Death Penalty as an Instrument of Legal Firmness Against Drug Dealers Putratama, Muhammad Rafly; Laksana, Andri Winjaya
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.v20i2.46120

Abstract

Illegal drug trafficking in Indonesia has reached a very alarming level and is a serious threat to national resilience, so that the state has taken a firm legal policy through the application of the death penalty to drug dealers as regulated in Law Number 35 of 2009 concerning Narcotics. The death penalty is believed to be a form of ultimum remedium as well as an effective deterrent instrument to overcome this extraordinary crime. However, its effectiveness is still being debated, especially due to the lack of empirical evidence that the death penalty can significantly reduce the number of drug crimes. In writing this thesis, the aim is to study and analyze the effectiveness of the application of the death penalty to drug dealers in the criminal law system in Indonesia and to study and analyze the obstacles and solutions in the application of the death penalty to perpetrators of drug crimes in Indonesia. The method used is an empirical juridical legal approach, which combines normative analysis of laws and regulations with the reality of their application in the field. Data were collected through document studies, interviews with law enforcement officers, and observations of a number of court decisions that imposed the death penalty on perpetrators of narcotics crimes. The author uses the theory of Effectiveness of Law Enforcement and the theory of legal certainty to analyze the effectiveness of the application of the death penalty to drug dealers in the criminal law system in Indonesia, obstacles and solutions in the application of the death penalty to perpetrators of drug crimes in Indonesia. Factors such as weak oversight systems, potential abuse of authority, and lack of consistency in law enforcement are major obstacles. In addition, the death penalty also raises controversy in the context of human rights, especially the right to life. Therefore, an evaluation of the death penalty policy and strengthening of a transparent and accountable justice system are needed as part of a more effective drug control strategy. The government needs to reform the Narcotics Law to clarify the criteria for applying the death penalty, so that it includes not only big drug lords but also dealers involved in drug distribution networks at various levels, in order to provide legal clarity and ensure justice for all perpetrators. In addition, the effectiveness of its implementation must be supported by ongoing training and education for law enforcement officers to improve integrity and prevent errors in the sentencing process.

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