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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 Analysis of Criminalization of Narcotics Abuse Perpetrators for Themselves Based on Justice (Study of Decision Number 116/Pid.Sus/2024/PN.Smg) Wahyuningsih, Tri; 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.v20i2.46238

Abstract

Abstract. Drug and illicit drug crimes are now transnational and carried out using sophisticated procedures and sophisticated technology. Law enforcement officers are expected to be able to prevent and overcome drug crimes in order to improve the morals and quality of Indonesian human resources as the next generation of this country. The use of narcotics if used without restrictions and medical supervision can endanger the health and even the lives of its users. As a country of law, Indonesia certainly has many regulations that govern social life. Narcotics Law Number 35 of 2009 has not regulated drug abuse. This was done as one of the important steps of the government to fulfill the contents of Article 4 of the 1945 Constitution, namely the protection of all Indonesian people, increasing public welfare, and protecting the people. Participation in the realization of a healthy national life, world order, eternal peace, and social justice. A case of drug abuse also occurred in the Semarang District Court area Number 116/Pid.Sus/2024/PN.Smg. Starting from the defendant together with witness ANGGA DWI PUTRA Bin ASOR HARIYANTO (who was submitted in a separate case file) on Thursday, January 4, 2024 at around 13.15 WIB or at least at another time in 2024, located on the side of Jalan Anggrek, Pekunden Village, Semarang Tengah District, Semarang City, or at least in another place that is still included in the jurisdiction of the Semarang District Court, attempted or conspiracy to commit a crime without rights or against the law offering for sale, selling, buying, receiving, acting as an intermediary in buying and selling, exchanging, or handing over Class I Narcotics, in the form of: 9 (nine) plastic clip packages, each of which was inserted into a yellow straw containing crystal powder of methamphetamine with a net weight of 2.23954 grams (two point two three nine five four grams) and 1 (one) plastic clip package containing crystal powder of methamphetamine with a net weight of 0.63632 grams (zero point six three six three two grams), wrapped in black plastic. On Thursday, January 4, 2024 at around 12.15 WIB when the defendant was at home, the defendant was contacted by Witness ANGGA DWI PUTRA via WA Chat, which in essence invited the defendant to accompany him to Simpang Lima in order to pick up crystal methamphetamine on the orders of MAULANA (DPO) with an unknown address and the defendant agreed.
Criminal Liability of Indonesian National Army (Tni) Members for the Crime of Abusing Class I Narcotics for Themselves (Study of Dilmiltama Decision 3-K/Pmu/Bdg/Au/III/2019) Nadeak, Linson; 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.v20i2.46036

Abstract

This thesis examines the criminal liability of Indonesian National Armed Forces (TNI) members involved in the abuse of Class I narcotics for personal use, with a case study of Decision DILMILTAMA 3-K/PMU/BDG/AU/III/2019. The increasing issue of narcotics abuse, including among state officials and law enforcement personnel, highlights a critical national problem that threatens the nation's future. This research aims to analyze the application of criminal sanctions against TNI members who commit narcotics abuse and to scrutinize the legal considerations of military courts in handing down verdicts for such cases. Utilizing a normative juridical research method with an analytical descriptive approach, the study investigates primary and secondary legal materials, including laws, legal principles, and judicial decisions. The case under review, Decision DILMILTAMA 3-K/PMU/BDG/AU/III/2019, involved defendant X, who was convicted of using Class I narcotics for personal consumption. The results of this study indicate that members of the Indonesian National Armed Forces (TNI) who are proven to have abused Class I narcotics for personal use can still be held fully criminally liable, as specified in Law Number 35 of 2009 on Narcotics and relevant military regulations. In this case, the defendant, Muhammad Akhyar, was sentenced to imprisonment and was also subjected to dishonorable discharge (PTDH) as a form of both criminal and administrative accountability.
Analysis of Non-Penal Settlement of Traffic Crime Cases in a Progressive Law Perspective (Research Study at the Pati City Police Resort) Darmawan, Moch Satria; Supoyono, 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.v20i2.46087

Abstract

Traffic crimes such as traffic accidents have been ignored against the legal provisions stipulated in the traffic and road transportation laws, in practice quite a lot of police choose not to continue the case process and prefer to resolve it through deliberation between the victim and the perpetrator. In the current legal situation, if we still apply the legal-positivism understanding which views the law as limited to regulations alone, what happens is that the law serves certain interests, not substantive justice and the people at large, so that the purpose of the law to realize justice is increasingly far from what is expected. The aim of this research is to identify and analyze (1) the instruments of criminal provisions in the scope of traffic crimes, (2) the mechanisms for implementing the settlement of traffic criminal cases through non-penal channels, (3) the problems for law enforcers in implementing the settlement of traffic criminal cases through non-penal channels. The approach method used in this study is sociological juridical. The specifications of this study are descriptive analytical. The data sources used are primary data and secondary data. Primary data is data obtained directly from the field or from the first source and has not been processed by other parties. While secondary data is obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the research and discussion, it can be concluded: (1) Based on Law Number 22 of 2009 for each specific road traffic violation, road traffic violations are classified into three types of violations, namely minor traffic violations; moderate traffic violations; and serious traffic violations. The division of classifications based on the type of violation is basically used as a benchmark for determining the amount of fines and imprisonment or imprisonment. (2) In the event that the parties are ready to meet, the police will explain the results of their findings related to the results of the crime scene investigation and statements from witnesses, after both parties understand and accept the results of the explanation, then based on their discretionary authority the police will give the parties the freedom to determine the settlement process for the case by means of deliberation or through the applicable legal process. (3) In terms of legal problems, there is no institution that supervises the results of the settlement of non-penal criminal cases with the concept of implementing restorative justice so that the perpetrators are negligent in carrying out their obligations.
Legal Analysis of the Death Penalty in Drug Crimes Case Study: (Supreme Court Decision Number 145 Pk/Pid.Sus/2016) Hulopi, Nederlan; Suwondo, Denny
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.v20i2.46166

Abstract

Drug crimes are one of the extraordinary crimes that have a wide impact on health, social, and national security aspects. The Indonesian government has imposed strict criminal sanctions, including the death penalty, as an effort to create a deterrent effect on the perpetrators. The Supreme Court Decision Number 145 PK/PID.SUS/2016 in the name of Fredi Budiman is one of the prominent cases that shows how the death penalty is applied in large-scale drug trafficking cases. This study was conducted to analyze the legal basis for the application of the death penalty in this case. This study uses a normative legal method with a statutory approach and case studies. Data were obtained through a literature study covering statutory regulations, legal literature, and related court decisions. The analysis was conducted qualitatively by examining the consistency of the application of the law and the legal arguments used by the Supreme Court in sentencing the defendant to death. The results of the study indicate that the application of the death penalty in the Fredi Budiman case was based on the consideration of the severity of the social impact and the very large amount of narcotics. The Supreme Court considered the defendant's position as the main actor in an international narcotics syndicate and his active role in controlling drug trafficking in Indonesia. The application of the death penalty in this decision was considered to be in accordance with the provisions of applicable positive law and reflected the spirit of law enforcement against extraordinary crimes. The Supreme Court in its decision emphasized that the death penalty is still relevant to provide a deterrent effect and as an effort to protect society. However, there is debate about the effectiveness and fairness of the death penalty in the context of human rights and the possibility of improving the criminal justice system. This study recommends the importance of continuous evaluation of the application of the death penalty, especially in terms of accountability, proportionality, and guarantees of due process of law.
Analysis of Termination of Prosecution of Drug Abusers for Self-Deterrence Based on Restorative Justice (Case Study: West Jakarta District Attorney's Office) Darmawan, R. Alif Ardi; Suwondo, Denny
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.v20i2.46185

Abstract

The restorative justice approach in resolving drug abuse cases for oneself is an alternative that emphasizes recovery and rehabilitation, not just punishment, as reflected in the implementation at the West Jakarta District Attorney's Office. The purpose of this study is to analyze the implementation of the termination of prosecution against drug abusers for themselves based on restorative justice at the West Jakarta District Attorney's Office, analyze the obstacles and solutions to the termination of prosecution against drug abusers for themselves based on restorative justice at the West Jakarta District Attorney's Office and analyze the efforts of the West Jakarta District Attorney's Office towards the termination of prosecution against drug abusers in the future. The approach method used in compiling the thesis is sociological legal research. Specifications in this study descriptive analysis. The theories used include restorative justice theory and legal system theory. The results of this study are (1)The implementation of the termination of prosecution against drug abusers for themselves based on restorative justice at the West Jakarta District Attorney's Office, shows the commitment of law enforcement institutions to prioritize a rehabilitative approach in handling drug cases. The suspect RBS, who was proven to be only a user, was not involved in a drug distribution network, and showed good faith, was positioned as an individual who deserves to be restored through rehabilitation, not imprisonment. (2) The implementation of restorative justice at the West Jakarta District Attorney's Office still faces weaknesses. In terms of legal substance, Attorney General Regulation Number 15 of 2020 provides a strong basis, but there are no clear regulations in the Criminal Procedure Code regarding the termination of prosecution based on restorative justice. The legal structure, the main challenge lies in the uneven understanding among law enforcement officers. In terms of legal culture, the community and law enforcement officers are still trapped in a retributive paradigm that prioritizes criminal penalties. For this reason, changes in the substance of the law are needed by revising Article 140 paragraph (2) of the Criminal Procedure Code, strengthening the institutional structure with training, and providing socialization about restorative justice to the community. (3) The efforts of the West Jakarta District Attorney's Office towards the termination of prosecution of drug abusers in the future by prioritizing a more humanistic legal approach through the implementation of restorative justice based on Pancasila values. By making restorative justice the main policy, forming a special RJ team, and strengthening cross-sector coordination.
Consumer Protection Against Inconsistencies in Nutrition Facts Information on Whey Protein Milk Product Labels (Legal Analysis Study) Nurrahman, Rian Alfi; 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.v20i2.46202

Abstract

Abstract. Trade arises due to several background reasons, namely philosophical, legal and sociological backgrounds that greatly influence the development and regulation of the process of running a trade. This study aims to analyze the implementation of labeling in whey protein milk products in Indonesia and product responsibility for business actors for inapropriate nutritional value information. The method used in this thesis research is a doctrinal/normative aproach. The specification of this research uses analytical evaluative. The type of research used in this research is normative juridical, namely library legal research conducted by examining library materials or secondary data. Data analysis in this research is an interactive analysis model according to Miles and Huberman. Conclusion and suggestions, The laws and regulations implemented in Indonesia have considered the rights and obligations of business actors and the public as consumers, although there is no guarantee that all producers have good intentions. Business actors are expected to implement quality control on all products produced and marketed by referring to the references set by the government. On the part of the wider community as consumers, there needs to be caution in consuming the results of a product, one of which is by observing what is stated on the label to ensure the method and use according to needs.
The Role of the Police in Handling Traffic Violations Based on Justice Values (Research Study at the Natuna Police Resort) Pasmah, Sadeva Abdie Wahyu; Winjaya Laksana, Indra
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.v20i2.46213

Abstract

Abstract. Fair and proportional traffic law enforcement is an important part of creating road safety and order. However, in practice, overcoming traffic violations often not only face technical challenges, but also touch on aspects of legal and social justice. This research aims to analyze the role of the traffic police in tackling traffic violations based on the value of justice, with a focus on implementation in the jurisdiction of the Natuna Resort Police. This research uses normative juridical and empirical juridical approaches, by examining applicable laws and regulations, such as Law No. 2 of 2002 concerning Police and Law No. 22 of 2009 concerning Road Traffic and Transportation, as well as collecting primary data through interviews and field observations. The theoretical framework used includes Lawrence M. Friedman's legal system theory, Barda Nawawi Arief's crime prevention theory, and John Rawls and Aristotle's theory of justice. The results show that the role of the police in tackling traffic violations in Natuna has been running with a combination of preventive and repressive strategies, but its effectiveness is still constrained by limited human resources, infrastructure, the unavailability of the ETLE system, and low public legal awareness. In addition, there are still inconsistencies in law enforcement that have an impact on the perception of injustice among the community. This study recommends that the police increase institutional capacity, expand traffic law education programs, and strengthen cross-sector synergies with the support of regional regulations. Law enforcement that prioritizes the principles of justice, transparency, and community participation is key in realizing a safe and orderly traffic system.
Legal Analysis of the Criminalization of Perpetrators of Criminal Acts of Carrying Sharp Weapons and Criminal Acts of Assault (Case Study of Criminal Case Number: 599.Pid..B/2024/PN Jkt Pst) Rizal, Syaifur; 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.v20i2.46232

Abstract

Abstract. The crime of assault is one form of violation of the law that often occurs in society. Cases of assault often have serious impacts, both physically and psychologically for the victim. There are tools that help assault, although these tools are actually made for good purposes but can be misused in committing crimes. Many cases that are tried involve defendants who carry sharp weapons without permission, such as daggers, sickles, samurai, and machetes. The increase in these cases shows the need for further research to understand the factors that encourage individuals, including adolescents, to carry and use sharp weapons. The aproach 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 primary and secondary data. The data collection method is by collecting data using secondary data collection methods. The problem is analyzed with the theory of criminal responsibility, the theory of Pancasila justice and Islamic justice. The judge's consideration in issuing Decision Number 599/Pid.B/2024/PN Jkt Pst, which assessed that the defendant was proven to have committed the crime of carrying a sharp weapon without a permit and serious assault is a decision that reflects the aplication of the theory of legal certainty through a comprehensive analysis of facts, evidence, and relevant legal aspects, so as to provide legal certainty and protection of rights for all parties. The Criminalization Process for the Crime of Carrying Sharp Weapons and the Crime of Serious Assault in the Case of Decision Number: 599/Pid.B/2024/Pn Jkt Pst. is a legal mechanism to uphold justice by considering material and formal aspects, and prioritizing retributive and preventive functions. Through the analysis of Decision Number 599/Pid.B/2024/PN Jkt Pst, where the defendant was found guilty of possessing a sharp weapon without a permit and serious assault, this thesis shows how the aplication of criminalization provides legal certainty while protecting the interests of the community and victims. Criminalization is not only a form of punishment, but also an effort at rehabilitation and prevention in order to maintain social order.
Criminal Law Policy in Efforts to Combat Artificial Intelligence (AI) in Cyber Crime Dharmayanti, Yuliana Putri; 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.v20i2.46251

Abstract

The development of Artificial Intelligence (AI) technology has had a major impact on various areas of life, including in the criminal law aspect. AI is not only used for positive purposes, but also opens up opportunities for new cybercrimes such as deepfakes, automated phishing, and digital identity theft. These crimes pose new challenges in law enforcement, especially regarding criminal liability and the lack of legal regulations that specifically regulate AI-based crimes. This study aims to analyze criminal law policies in dealing with AI-based cybercrime, both in the current positive law and the prospects for its regulation in the future. This study uses a normative legal method with a descriptive-analytical approach. Data were collected through a literature study of laws and regulations such as the Criminal Code, the ITE Law, and relevant literature. The results of the study indicate that existing regulations have not explicitly regulated the use and misuse of AI in cybercrime. The applicable legal provisions are still general and have not been able to accommodate the complexity of AI-based crimes. This indicates a legal vacuum that must be filled immediately through the renewal of criminal law policies that are more adaptive and progressive to the development of information technology. Based on the results of the analysis, a reformulation of criminal law policies is needed that can answer the challenges of AI-based cybercrime through the approach of the theory of the rule of law, the theory of criminal responsibility, and the theory of criminal policy. This research provides a theoretical contribution to the development of criminal law in the digital era, as well as being a practical reference for policy makers in formulating relevant and effective regulations. Thus, it is hoped that the Indonesian legal system can respond to technological developments by creating regulations that are fair, clear, and able to protect the public from increasingly complex cybercrimes.
Effectiveness of Implementation of Police Role in Mediating Indigenous Community Conflicts (Study at Sorong City Police Department) Panjaitan, Junias Hasintongan; Suwondo, Denny
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.v20i2.46023

Abstract

Conflicts in indigenous communities, particularly customary land disputes, present significant challenges due to the coexistence of customary and state legal systems. In this context, the police play a crucial role as mediators to bridge these two legal frameworks and achieve fair and peaceful resolutions. This study aims to examine the effectiveness of police role implementation in mediating indigenous community conflicts at Polresta Sorong Kota. Employing a qualitative approach with data collected through interviews, observations, and document analysis, the study reveals how the police perform mediation functions and the obstacles encountered. Findings show that although the police strive to mediate through dialogue and deliberation approaches while integrating customary and formal laws, significant challenges remain regarding knowledge of customary law, cultural training, and operational guidelines. Enhancing mediation effectiveness can be achieved through officer training and active involvement of customer leaders. Effective mediation positively impacts dispute resolution without violence, maintains social harmony, and improves the sense of justice among indigenous people. The study recommends strengthening officer capacity, establishing clear guidelines, and collaboration with related institutions to support more effective and sustainable mediation of indigenous community conflicts.

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