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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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Legal Accountability for Criminal Actors Without the Right to Sell Narcotics (Study of Decision No. 416/Pid.Sus/2024/PN.Btm) Sianturi, Patar Mangoloi; 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.v20i2.46178

Abstract

The purpose of this research is to analyze the construction of criminal acts without the right to sell narcotics in the concept of legal certainty, to analyze legal responsibility for perpetrators of criminal acts without the right to sell narcotics (Study of Decision No. 416/Pid.Sus/2024/PN.BTM The approach method used in this study is the normative legal approach method. This method is used considering that the problems to be discussed are related to the construction of criminal acts without the right to sell narcotics in the concept of legal certainty, analyzing legal responsibility for perpetrators of criminal acts without the right to sell narcotics (Decision Study No. 416 / Pid.Sus / 2024 / PN.BTM The results of the study indicate that the crime of selling narcotics without the right in the concept of legal certainty is regulated in Article 114 of Law Number 35 of 2009 concerning Narcotics for class I narcotics. The concept of legal certainty is expressly regulated in the article regarding the provisions and sanctions for criminal liability for a person acting as a narcotics intermediary in the decision number 416 / Pid.Sus / 2024 / PN.BTM in the eyes of the judge, namely the defendant with the initials P by carrying out the sentence imposed by the judge in the form of imprisonment for 9 (nine) years and 6 (six) months and a fine of Rp. 2,125,000,000 (two billion one hundred and twenty-five million rupiah with the provision that if the fine is not paid, it will be replaced with imprisonment for 3 (three) months, and the defendant did not file any legal action at all Based on the research results, it shows that legal certainty in the Narcotics Law is in accordance with legal certainty.
Legal Analysis of Optimizing Eradication of Narcotics Trafficking Crimes Through Digital Media in the Central Java Regional Police Area Wulansari, Restu Tri; 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.v20i2.46195

Abstract

Abstract. The crime of drug trafficking through digital media is a cyber crime that has an extraordinary impact and has a wide scope. This thesis research aims to analyze and determine the optimization of the eradication of drug trafficking through digital media in the Central Java Regional Police Area at this time and to analyze and determine the obstacles and solutions in realizing the optimization of the eradication of drug trafficking through digital media in the Central Java Regional Police Area. The research method used in this thesis is non-doctrinal research, namely research that examines legal issues from both juridical and empirical dimensions. The results of the research conducted show that the optimization of the eradication of narcotics trafficking crimes through digital media in the Central Java Regional Police area has not yet been realized, according to an explanation from Senior Commissioner of Police Anwar Nasir as Director of Drug Investigation of the Central Java Regional Police, there are at least 47 suspicious accounts and forum sites in narcotics trafficking cases, but only 5 cases can be investigated with certainty throughout 2024. The main obstacle in the problem of the less than optimal eradication of narcotics trafficking digitally in the Central Java Regional Police area is that the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics does not clearly regulate the digital circulation of narcotics where the modus operandi is cyber crime, then the meaning of acts that deviate from morality in Article 27 paragraph (1) of Law No. 19 of 2016 concerning ITE does not refer to the digital circulation of narcotics specifically. Due to the problem of unclear regulations regarding the digital distribution of narcotics, it has an impact on uncertainty regarding the elements of the act for perpetrators of digital drug distribution. This has resulted in aspects of the requirements for sentencing perpetrators of digital drug distribution, considering that the element of cyber crime as a specificity in the crime of digital drug distribution is not yet clear. This also has an impact on the lack of regulation of special sentencing guidelines based on the impact of damage or the consequences of criminal acts for perpetrators of digital drug distribution crimes. The solution that can be done is to specifically regulate the elements of the act as a requirement for sentencing related to the crime of drug distribution as a cyber crime. Formulate a maximum penalty with an aggravation in the form of the death penalty for perpetrators of digital drug distribution considering that the impact of digital drug distribution. The level of damage caused to national stability is greater. The government needs to enforce the prohibition of site content and internet content related to drug distribution for those who own internet technology as a place for unlimited social interaction. The suggestion from the results of this thesis study is that the government needs to specifically regulate the elements of the act as a requirement for criminal punishment related to the crime of drug trafficking as a cyber crime. For law enforcers, there needs to be education and provision of knowledge and expertise as well as experience for human resources.
Legal Protection for Child Victims of Sexual Violence at the Integrated Service Center for the Empowerment of Women and Children (P2TP2A) in Cirebon City Sugiono, Sugiono; 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.v20i2.46226

Abstract

Abstract. The attention of the Indonesian state towards children and the handling of children's problems is indeed very clear. This can be seen in the constitutional basis as stated in the 1945 Constitution. Then other regulations were born as a form of concern for children. Among them; Law No. 35 of 2014 concerning amendments to Law No. 23 of 2002 concerning child protection, which emphasizes the need for increased criminal sanctions and fines for perpetrators of crimes against children, especially sexual crimes, which aim to provide a deterrent effect, as well as encourage concrete steps to restore the physical, psychological and social health of children. To compensate for the suffering caused by sexual violence, the government has issued a policy for children who are victims of sexual violence as regulated in Government Regulation Number 43 of 2017 concerning the Implementation of Restitution for Children Who Are Victims of Criminal Acts. In addition, more specifically through the Regulation of the Minister of Women's Empowerment and Child Protection Number 1 of 2010 concerning Minimum Service Standards for Integrated Services for Women and Children Victims of Violence, which states that local governments are responsible for providing services and facilities for women and children who are victims of violence. As a manifestation of this regulation, each region has the authority and responsibility to provide facilities and services for victims of sexual violence. Sexual violence that occurs in Cirebon City, West Java is currently very horrific, according to the National Commission for Child Protection, Cirebon City is now in an emergency for sexual crimes against children. With the series and high number of sexual crimes in the Cirebon area, it is not an exaggeration if Cirebon is included in the category of emergency for sexual crimes against children after Bekasi and Tangerang.
Implementation of the Community Police Program in Supporting the Maintenance of Security and Public Order (Study at the Semarang City Police Resort) Maulidiawati, Wahdah; 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.v20i2.46244

Abstract

Abstract. The current conducive Kamtibmas situation is highly expected by the entire community to be realized in the midst of society so as to create a sense of calm and peace, therefore an intensive approach to the community is very necessary. The purpose of this study is to determine and analyze the implementation of the neighborhood police program in supporting the maintenance of public security and order. To determine and analyze the factors that hinder the implementation of the neighborhood police program in supporting the maintenance of public security and order and their solutions. The method used by the researcher is a legal approach in a sociological juridical manner and the specifications in this study are descriptive analytical. 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 criminal law policy theory and legal system theory. Based on the results of the study, the implementation of the Community Police (RW Police) program in supporting the maintenance of public security and order (Kamtibmas) aims to create a closer relationship between the police and the community at the smallest level, namely RW, has been implemented well although not optimally. Factors that hinder the implementation of the community police program in supporting the maintenance of public security and order include the placement of Human Resources, namely not all RW Police Officers can be placed where they live, the budget, namely the absence of a special budget for RW Police Officers, both operational budgets and contact facilities, and the performance of the RW Police which is not optimal due to the burden of the RW Police members who also have to carry out their daily operational duties. The solution that can be done is careful planning regarding the placement of RW Police officers and renewing the duty order, so that the RW Police should be placed according to their place of residence. If in an RW there are no residents who work as members of the Police, then it is better for Polri members to serve in an office that is not far from the RW, thus it is hoped that the assignment of the RW Police can support the task of maintaining harkamtibmas optimally. Proposed budget to support RW Police activities, such as operational facilities and contact facilities and other supporting facilities. So that Polri members assigned as RW Police do not often get field operational tasks or other additional tasks.
Legal Analysis of the Urgency of the Role of Amicus Curiae in Proving Criminal Acts at the Trial Stage Ibrahim, Mahdi; Soponyono, Eko
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.v20i2.46053

Abstract

The submission of amicus curiae can be said to be an informal recognition, because it does not yet have a legal basis that clearly recognizes the use of amicus curiae. When implementing his considerations, the judge exercises his authority by providing considerations that are implemented wisely. The judge is considered to always know everything about the law, when the judge does not know then the judge's job is to find out first. The interest of amicus curiae is limited to providing legal opinions or opinions. amicus curiae is not mentioned in the evidence in the Criminal Procedure Code. Because the power of proof lies in Article 183 of the Criminal Procedure Code. This thesis research aims to analyze and describe the role and position of amicus curiae legally in criminal justice regulations in Indonesia and this thesis aims to analyze and describe regulatory updates related to the role of amicus curiae in a criminal justice system that has legal certainty. The research design in this thesis uses a sociological or empirical legal research type. Based on the research conducted in this thesis, it can be seen that the role and position of amicus curiae legally in criminal justice regulations in Indonesia do not yet have legal certainty. The role of amicus curiae is very important in supporting the relevance of the world of justice as a place to realize justice for people who are in litigation amidst the dynamics of society that continue to develop in a complex manner, however, this has not been balanced with clear regulations regarding the position and role of amicus curiae, such a situation clearly results in legal uncertainty for the position and role of amicus curiae in the national criminal procedure law system. Regulatory updates related to the role of amicus curiae in a criminal justice system with legal certainty need to be carried out, by regulating the matter of amicus curiae by adding the definition of amicus curiae in Article 1 of the Criminal Procedure Code and adding to Article 184 of the Criminal Procedure Code regarding amicus curiae statements as one of the evidence in criminal cases, creating a management and supervisory institution for amicus curiae so that the amicus curiae used in criminal trials can be accounted for in terms of quality and professionalism, it is necessary to provide information and announcements regarding the existence of amicus curiae.
The Effectiveness of Implementing Restorative Justice in Resolving Criminal Cases in the Jurisdiction of the Serang Banten Police Akbar S, Muhammad Aqlizar; 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.v20i2.46101

Abstract

The application of Restorative Justice as an alternative to resolving criminal cases has been explicitly regulated in the Regulation of the Chief of Police Number 8 of 2021 concerning Handling of Criminal Cases with a Restorative Approach. In the jurisdiction of the Serang Banten Police, this concept is applied to accelerate the case resolution process by prioritizing the restoration of relations between perpetrators, victims, and the community. Restorative Justice is also in line with the principle of protecting Human Rights. This study aims to examine and analyze the effectiveness of the application of Restorative Justice in resolving criminal cases in the jurisdiction of the Serang Banten Police and to examine and analyze the obstacles to the application of Restorative Justice as in resolving criminal cases in the jurisdiction of the Serang Banten Police and its Solutions. The research method used by the researcher is a legal approach in a sociological juridical manner, with descriptive research specifications. The data sources used include primary data obtained through observation and interview processes, as well as secondary data obtained from documents and literature studies. All data are then analyzed qualitatively with the approach of law enforcement theory, restorative justice theory, and restorative justice theory in an Islamic perspective. Based on the results of the study on the effectiveness of the application of restorative justice in resolving criminal cases in the jurisdiction of the Serang Banten Police, the application of restorative justice in the jurisdiction of the Serang Police has not been effective, because not all criminal cases have been resolved through the Restorative Justice approach or outside the formal justice system, based on data from 2022 P21 126 cases RJ 32 cases, 2023 P21 188 cases RJ 50 cases, 2024 P21 137 cases RJ 28 cases. There is no law that specifically regulates Restorative Justice, the application of Restorative Justice at the Banten Police is based on Perpol Number 8 of 2021, PERMA Number 1 of 2024, Law Number 2 of 2002, then Law Number 39 of 1999, the police have the authority to resolve minor cases through penal mediation. The mechanism is through a peace agreement between the perpetrator and the victim. The benefit is a reduced burden of cases in court. Obstacles. Obstacles in the implementation of Restorative Justice in Polres Serang explain five factors (legal factors, enforcement factors, community factors, cultural factors and infrastructure) found, including minimal socialization, limited technical training for officers, and resistance from parties who still adhere to the retributive approach. The solution requires strengthening regulations, increasing human resource capacity, and collaboration between institutions to support the sustainability and optimization of the implementation of Restorative Justice as a whole.
Digitalization of the Notary Profession in the Era of Economic and Business Globalization Noviana, Ninik; 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.v20i2.46173

Abstract

The rapid development of technology today has brought significant changes in various sectors, including the world of law, economy and business. One innovation in the legal field that can be applied is the concept of cyber notary or digital notary. The profession of Notary is closely related to the business world, at least this is shown from the mechanism for determining the need (formation) of Notaries in an area based on (a) business activities, (b) population, (c) the average number of deeds made each month. The influence of the business world on the availability of the number of Notary formations proves that there is a close relationship between the position of Notary and the business world. This data analysis method includes a qualitative approach by conducting a study of laws and regulations to explain the legal problems of written law in the implementation of cyber notary. The data collection technique used is library research, which involves collecting data from various academic sources and official documents. This library study will provide a strong theoretical and contextual basis for understanding the development of cyber notary and the challenges of digitalization faced by the notary profession. The results of the study obtained are that cyber notary has great potential to improve the ease of doing business in Indonesia by accelerating the notarization process, reducing costs, and increasing accessibility. However, to achieve this potential, clear regulations and a broad understanding of the legal validity of digital documents are needed. With the right support, cyber notary can be an effective tool to encourage economic growth and ease of doing business in Indonesia in the era of economic and business globalization.
Continuous Embezzlement in Office According to the Criminal Code Paruhum, Raja Toga; 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.v20i2.46190

Abstract

Abstract. The law also plays a role in protecting individual rights, ensuring that everyone gets equal and fair treatment in the eyes of the law. Therefore, the law is very important in building a stable and just social order. That every person in the territory of Indonesia is obliged to comply with the laws and regulations in force in Indonesia and no one can be immune from the law, and all actions must be based on and have consequences in accordance with the laws and regulations in the Unitary State of the Republic of Indonesia, which aims to realize an orderly, prosperous and just life in society, nation and state in order to achieve the goals of the state as mandated in the opening of the 1945 Constitution of the Republic of Indonesia. This criminal law is included in public law which regulates the relationship between the state and individuals and the public interest, in contrast to private law which regulates the relationship between individuals and personal interests. Acts that are prohibited by criminal law and are subject to punishment are known as criminal acts or offenses. In the Criminal Code (KUHP), criminal acts are classified into two types, namely crimes and violations. Examples of crimes include theft, embezzlement, assault, and murder, while examples of violations include delinquency, begging, and vagrancy. Talking about professions, of course, one of them is bound to an organization or agency that is certainly inseparable from the element of trust. Someone who has received trust in an agency certainly has a position or title when the element of trust has been carried out, of course someone is obliged to maintain it. The crime of embezzlement which is a crime often occurs in various fields and even the perpetrators are in various levels of society. Both the lower and upper classes commit this crime. Seeing the many cases of embezzlement that occur in Indonesia, of course this is very concerning. Abuse of Trust dominates as an element of this crime of embezzlement. The crime of embezzlement is regulated in the Criminal Code (hereinafter abbreviated as the Criminal Code) Article 372 (ordinary embezzlement), Article 373 (minor embezzlement), Article 374 and Article 375 (aggravated embezzlement) and Article 376 (embezzlement within the family).
Legal Analysis of the Detention of Suspects of Theft Crimes by Investigators at the Sagulung Police Sector, Batam City Deni, Rindu Rizki Permata; 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.v20i2.46207

Abstract

Abstract. Criminal procedure law is a law that regulates how to maintain and defend material criminal law and regulates how to try cases in criminal courts by criminal judges. The Criminal Procedure Code regulates the main points, the principles in Indonesian criminal procedure law, namely: the principle of legality, the principle of opportunity, the principle of equal treatment before the law, the principle of presumption of innocence, the principle of arrest, detention, search, and confiscation are carried out based on written orders from authorized officials, the principle of compensation and rehabilitation, the principle of fast, simple and low-cost trials, the principle that suspects or defendants have the right to receive legal assistance, the principle that the court examines criminal cases with the presence of the defendant, the principle of open trials to the public, the principle of accusatoir (placement of suspects as subjects). Law Number 2 of 2002 concerning the Republic of Indonesia Police, in Articles 13 and 14 outlines the functions and roles of the Police, namely: Article 14 (1) letter g makes the substance of the details of the Police's duties in the field of criminal investigation and inquiry in accordance with the Criminal Procedure Code and other laws and regulations, which relate to the duties and authority of the Police in the law enforcement process. The Criminal Procedure Code gives the main role to the Police to carry out the task of investigating and investigating criminal acts (in general) without limits within the scope of the law, so that basically the Police are given the authority by the Criminal Procedure Code to conduct investigations and investigations of criminal acts.
Ideal Formulation of Police Efforts in Combating the Distribution of Crystal Meth Among Students (Case Study at Cirebon City Police Resort) Lestari, Sri Ayu; 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.v20i2.46218

Abstract

Abstract. Illegal drug trafficking and abuse that has targeted the young and old generations has reached various remote areas and drug abuse is often referred to as narcotics is almost evenly distributed in all levels of society. Legislation governing drugs is needed to stop the illegal drug trafficking, which always leads to drug abuse. The purpose of this study is to determine and analyze police efforts in overcoming the circulation of crystal methamphetamine among students today. To determine and analyze the obstacles faced by the police in overcoming the circulation of crystal methamphetamine among students today. 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 crime prevention theory, legal system theory and progressive legal theory. Based on the results of the study, the police's efforts in overcoming the crime of methamphetamine abuse among students are currently being carried out through preventive efforts, preemptive efforts, reformative and rehabilitative efforts. Reformative and rehabilitative efforts include prevention and handling efforts. Prevention is carried out through socialization of the dangers of drugs, strengthening the role of families, and integrating anti-drug curriculum in schools. Handling involves medical rehabilitation, psychosocial therapy, and social support for perpetrators of drug abuse, as well as strict action against dealers. The obstacles faced by the police in overcoming the circulation of methamphetamine among students today are: lack of education about the dangers of drugs in schools, limited access to rehabilitation services, drug abuse by figures idolized by students, and peer pressure to try drugs. The ideal formulation of police efforts in combating the circulation of crystal methamphetamine among students in the future is with a holistic approach, involving prevention, strict law enforcement, rehabilitation, and community empowerment. Prevention efforts must focus on education, socialization of the dangers of drugs, and strengthening the role of families and schools.

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