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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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Effectiveness of Coordination and Supervision of the Corruption Eradication Commission in Preventing Criminal Acts of Corruption and Misuse of Regional Assets (Research Study on the Deputy for Coordination and Supervision of the Corruption Eradication Commission of the Republic of Indonesia) Marvelous, Marvelous; 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.v20i2.46076

Abstract

The Corruption Eradication Commission has a duty to prevent corruption. One of the deputies that has the duty to prevent corruption is carried out by the Deputy for Coordination and Supervision. Prevention of corruption is very important for the KPK to do by coordinating with other agencies in the regional government. Coordination between law enforcement and the regional government must have a positive impact on reducing the number of corruption cases. The form of implementation is the prevention of corruption against regional assets. Regional assets are in the form of land controlled by third parties. As in the case of the Sorong City Regional Government. That in the case of the former land of the Agriculture Service located on Jalan Jenderal Sudirman (in front of the Sorong City District Court), Melawai Village, Manoi District, Sorong City, West Papua Province, the type of livestock land is 1712 M2 with a Certificate of Use Rights Number 306 dated September 8, 1984 which is controlled by a third party. Therefore, the Sorong City Regional Government coordinated with the Deputy for Coordination and Supervision of the KPK in an effort to regain the rights to the regional government assets. The problem raised in this study is how the implementation of KPK coordination and supervision in preventing criminal acts of corruption in the misuse of regional assets. And how effective is the coordination and supervision of the KPK in preventing criminal acts of corruption in the misuse of regional assets. The research method used in this study is sociological normative legal research. This study uses an effectiveness approach. This study uses primary data and secondary data. The data collection method uses interviews and literature studies with analytical descriptive research specifications and analysis methods using evaluative analysis. The results of the study show that collaboration and coordination between the KPK and the regional government are the keys to success in preventing misuse of regional assets. The role of the Deputy for Coordination and Supervision of the KPK is very central in preventing criminal acts of corruption. In preventing criminal acts of corruption, the Deputy for Coordination and Supervision coordinates with the Regional Government, Prosecutor's Office and Police to save regional assets. Coordination between law enforcers is a crucial element in realizing effective, efficient and equitable legal certainty. Obstacles affecting the coordination and supervision of the KPK in preventing misuse of regional assets include the lack of integration of regional asset data, weak commitment of regional governments, overlapping authority between institutions, and limited human resources and technology. In addition, there is still a bureaucratic culture that is less responsive to supervision and low anti-corruption awareness at the regional level.
Urgency of Fulfilling Restitution Rights for Victims of Serious Assault Crimes (Decision Number 297/Pid.B/2023/PN Jkt.Sel) Ramdes, Muhammad; Sugiharto, Sugiharto
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.v20i2.46122

Abstract

Indonesia as a country of law adheres to the Civil Law system, where the law is stated in systematically arranged laws and regulations. This legal system covers two main areas, namely public law and private law. Criminal law, which is included in public law, aims to regulate the interests of society in general. This law regulates the relationship between the state or society and individuals who violate legal provisions. This type of research is legal research conducted using the type of socio-legal research. Explaining that law can be studied and researched as a study of law that actually lives in society as a non-doctrinal and empirical study. 1. Fulfillment of the right to restitution for victims of serious assault crimes in Indonesia is a crucial aspect of the criminal law system that prioritizes restorative justice. However, until now there has been no comprehensive and explicit regulation governing the restitution mechanism specifically for serious assault cases. 2. The urgency of fulfilling the right to restitution is very high in the context of restorative justice that balances the punishment of the perpetrator and the recovery of the victim. The rights of victims are often neglected even though the perpetrator has been punished, whereas the losses experienced by victims of serious abuse are multidimensional, covering physical, psychological, social, and economic aspects. 3. Fulfillment of the right to restitution for victims of serious assault crimes is a concrete manifestation of the value of justice, as contained in the Pancasila Theory of Justice and the principle of the rule of law (rechtstaat).
Effectiveness of the Implementation of the Law on General Provisions and Tax Procedures Related to the Authority of Investigators in Tax Crimes Rizki, Pebriana; Purnawan, Amin
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.v20i2.46179

Abstract

Article 23A of the Constitution of the Republic of Indonesia clearly stipulates that "Taxes and other compulsory levies for state needs are regulated by law." This is the basis that the state is given the authority to carry out compulsory levies but is also limited in that such actions must be regulated in fair and non-arbitrary legal arrangements, so that society does not consider the state to be a thief because it takes people's wealth without the owner's consent. Descriptive research focuses on actual problems and researchers try to synthesize events and incidents that are the center of attention without giving special treatment to the event. Criminal law in criminal acts in the field of taxation has its own specificity, because it needs to be adjusted to the purpose of tax law to put as much money as possible into the state treasury. One of the specific things in criminal acts in the field of taxation is the provisions for investigating criminal acts in the field of taxation carried out by the PPNS of the Directorate General of Taxes. Special arrangements for investigators in criminal acts in the field of taxation are not free from problems, both miscoordination with other law enforcement officers, and the many abuses of absolute investigative authority, which involve criminal acts of corruption in taxation. This encourages renewal in the arrangements investigators of criminal acts in the field of taxation need to be renewed while maintaining the principle of putting as much money as possible into the state treasury.
Implementation of Judicial Pardon in the Reformation of the Criminal Justice System Based on Legal Certainty Jelindo, Reyga; 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.v20i2.46197

Abstract

Abstract. The concept of judicial pardon is regulated in Article 54 paragraph (2) of Law Number 1 of 2023 concerning the Criminal Code. This article regulates the qualifications for imposing a judicial pardon as a basis for the judge to decide whether or not to impose a criminal penalty if the defendant's actions are included in the scope of the crime. The objectives of the research in this study: 1) to find out and analyze the implementation of judicial pardon in the current criminal justice system; 2) to find out and analyze the weaknesses in the implementation of judicial pardon in the renewal of the criminal justice system; 3) to find out and analyze the implementation of judicial pardon in the renewal of the criminal justice system based on legal certainty. The approach method in this study is by using the legislative approach, conceptual approach and case approach/comparative approach. The data used are primary and secondary data which will be analyzed qualitatively. The research problems are analyzed using the theory of legal certainty and the theory of the legal system. The results of the study concluded that: 1) The implementation of judicial pardon in the current criminal justice system reform, namely the problems surrounding the development of the current criminal justice system, shows that this system is considered no longer able to provide protection for human rights and transparency for the public interest. The individualistic and formal procedural criminal system has ignored the reality of the value of peace so that it is not used as a basis for the elimination of criminal punishment; 2) The weaknesses of the implementation of judicial pardon in the renewal of the criminal justice system based on legal certainty consist of weaknesses in the legal substance aspect, weaknesses in the legal structure aspect. The weakness of the substance aspect is that there are no regulations that clearly categorize crimes in the RKUHP into minor or serious crimes. The weakness of the legal structure aspect is that when judges experience a dilemma when making a decision, they can use Judicial Pardon, or the judge's forgiveness. The weakness of the legal culture aspect is that if the sense of justice based on this law is considered by the judge to have been fulfilled through the decision he made, then it is not necessarily felt to be fair by the community, or some even state that the decision is truly unfair, and vice versa; 3) The implementation of judicial pardon in the renewal of the criminal justice system based on legal certainty that the application or imposition of a judge's pardon decision must go through several considerations, such as the lightness of the act, the personal condition of the perpetrator, or the circumstances surrounding the act at that time or afterward, as well as considering aspects of justice and humanity. The application of the judge's pardon decision must later be balanced with the integrity of law enforcers.
Criminal Liability of Military Members as Perpetrators of Criminal Acts of Abuse Resulting in Death (Decision Study Number: 83-K/PMT-II/Bdg/AD/VII/2024) Sukardi, Sukardi; 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.v20i2.46227

Abstract

Abstract. Assault is a common and easily occurring offense in society. The consequences of such criminal acts are widespread and frequent, with many cases resulting in the victim's death. Therefore, the punishment demanded for perpetrators must truly reflect a sense of justice for the victims. However, what hapens if the perpetrator of an assault resulting in death is a member of the military, an institution under the Indonesian military command structure? The purpose of this study is to examine and analyze the legal construction of criminal liability for military personnel as perpetrators of assault resulting in death, and to investigate the judicial considerations made by judges in sentencing military members convicted of such offenses. This research falls under the category of normative or doctrinal legal research. The term "doctrinal" derives from the word "doctrine," meaning legal principles or norms that are adhered to. The construction of criminal liability for military personnel who commit assault resulting in death illustrates the complexity between the general criminal law system and military criminal law. Although military personnel are subject to the military legal system, the principles of legality and criminal liability remain universally aplicable. In Decision Number 83-K/PMT.II/BDG/AD/VII/2024, there was a discrepancy between the indictment under Article 351 paragraph (3) of the Criminal Code and the verdict, which only aplied Article 351 paragraph (1) of the Criminal Code. This raises concerns of potential violations of the due process of law and the principle of legal certainty. On the other hand, the judge considered juridical aspects, such as the alignment between the indictment, evidence, and witness testimony, to determine the fulfillment of criminal elements. Non-juridical considerations were also taken into account, including the background of the defendant, social impact, and the defendant's cooperative attitude and remorse during trial. Thus, the judge's ruling reflects a combination of legal, moral, and institutional considerations aimed at upholding justice and preserving the integrity of the Indonesian National Armed Forces (TNI).
Problems of the Legitimacy of Biological Fathers as Guardians of Marriages of Children Born Out of Wedlock Pornomo, Wahyu Adi; 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.v20i2.46245

Abstract

Abstract. The problem of the status of children born out of wedlock creates legal complexity, especially related to marriage guardianship and lineage in Islam and positive Indonesian law. Children born out of wedlock often face the consequences of their parents' negligence, especially when girls need a marriage guardian for the validity of the marriage. Islamic Law and the Compilation of Islamic Law (KHI) Article 19 emphasizes marriage guardianship as a mandatory pillar, where the father has the main position as a lineage guardian. However, recognition of the biological father is often difficult to obtain if the parents' marriage is invalid, causing the illegitimate child to only be related to the mother according to the KHI. The MUI fatwa also confirms this. On the other hand, Constitutional Court Decision No. 46/PUU-VIII/2010 has opened up space for recognizing the civil relationship of illegitimate children with biological fathers through scientific evidence (DNA), regardless of lineage ties, creating tension between sharia norms and constitutional protection of children's rights. This study uses a normative juridical legal approach with a descriptive research type, utilizing library research to analyze secondary data. The primary legal materials used include the 1945 Constitution, the Criminal Code, the Criminal Procedure Code, the Marriage Law, and the KHI, supported by secondary legal materials such as relevant books and journals. The data collection method was carried out through literature studies, observations, and interviews with competent informants using purposive sampling. Data analysis was carried out qualitatively with a deductive-inductive thinking framework. The study found that the KHI explicitly cuts off the lineage of children resulting from adultery with biological fathers, appointing a judge as a marriage guardian. However, the Constitutional Court Decision and modern legal philosophy emphasize the protection of children's rights, justice, equality, and welfare, encouraging the recognition of biological fathers as marriage guardians under certain conditions if legally proven, in line with the views of the Hanafi school. However, in current Indonesian judicial practice, a judge remains the main solution for girls born from adultery without a valid marriage to guarantee the validity of the marriage.
Legal Responsibility for Perpetrators of Premeditated Murder (Decision Study Number: 333/Pid.B/2022/PN Smg) Ranti, Mai; 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.v20i2.46057

Abstract

Murder is the intentional taking of another person's life, to take another person's life, a perpetrator must do something or a series of actions that result in the death of another person, with the note that the perpetrator must be aimed at the result of the death of the other person. This thesis aims to study and analyze: First, how is the construction of the crime of premeditated murder in the concept of legal certainty. Second, what is the legal responsibility for the perpetrator of the crime of premeditated murder according to Decision Number: 333 / Pid.B / 2022 / PN Smg. The approach method used in this study is a normative legal approach, the research specifications used are descriptive normative, primary and secondary data sources and using qualitative analysis. This writing is analyzed the problem is analyzed with the theory of criminal responsibility. Based on the research results, the Implementation of the Construction of the crime of premeditated murder is regulated in several related articles, namely Article 340 of the Old Criminal Code and Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code 459 of the New Criminal Code, namely relating to the punishment given to defendants of premeditated murder intentionally and with a plan in advance to take the life of another person, threatened because of premeditated murder, with the death penalty or life imprisonment or for a certain period of time for a maximum of 20 years. Legal responsibility for the perpetrator of premeditated murder according to decision number: 333/Pid.B/2022/PN Smg the defendant is legally responsible for his actions based on Article 340 of the Criminal Code, Article 76 C in conjunction with Article 80 paragraph (3) of the Republic of Indonesia Law Number 35 of 2014 concerning amendments to the Republic of Indonesia Law Number 23 of 2002 concerning Child Protection, and Law Number 8 of 1981 concerning the Criminal Procedure Code and other relevant laws and regulations. Sentencing the Defendant therefore to life imprisonment and a fine of Rp. 1,50,000,000.00 (one billion five hundred million rupiah) if the fine is not paid it will be replaced with imprisonment for: 10 (ten) months and charging the Defendant to pay court costs of Rp. 5,000.00 (five thousand rupiah)
Legal Review of Criminal Acts of Defamation Through Social Media Based on Justice Values Hargiharso, Muhammad Dimas; 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.v20i2.46105

Abstract

The development of information technology has brought significant changes in the way people interact, especially through social media. However, the ease of expressing opinions in digital spaces has also given rise to new legal problems, one of which is the crime of defamation. This study aims to analyze how positive legal provisions in Indonesia regulate defamation through social media and how the application of these laws can reflect the values of justice. This study uses a normative legal approach with secondary data in the form of laws and regulations, literature, and related court decisions. Based on the results of the analysis, it was found that the provisions in Article 27 paragraph (3) of the ITE Law often give rise to multiple interpretations and have the potential to violate the principle of substantive justice. Law enforcement against cases of defamation through social media has not fully considered the context and motives of the perpetrators, and has not been optimal in protecting the rights of victims and suspects. In many cases, a repressive approach is preferred over a restorative approach. Therefore, there needs to be legal reform and reinterpretation of norms so that the law is not only legalistic, but also reflects the values of social justice. The conclusion of this study confirms that the regulation and application of law against criminal acts of defamation on social media must be aligned with the principles of justice, proportionality, and protection of human rights. Regulatory reform and digital education for the public are strategic steps to achieve a fair and balanced legal system in the digital era.
Implementation of the Investigation Process Against Perpetrators of Illegal Logging in the Rembang Police Resort Area Saputro, Noor Wachied Eko; 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.v20i2.46174

Abstract

Environmental management provides economic, social and cultural benefits and needs to be carried out based on the principles of caution, environmental democracy, decentralization, as well as recognition and appreciation of local wisdom and environmental wisdom, so that the Indonesian environment must be protected and managed properly based on the principles of state responsibility, the principle of sustainability and the principle of justice. The purpose of this research is to find out and analyze the implementation of the investigation process against perpetrators of illegal logging in the Rembang Police Resort area. To find out and analyze the obstacles and solutions in the implementation of the investigation process against perpetrators of illegal logging in the Rembang Police Resort area. The method used by the researcher is sociological legal approach And The specifications in this study include analytical descriptive. The sources and types of data in this study are primary data obtained through interviews. And Secondary data was obtained from literature studies. Data was analyzed qualitatively. using the theory of the rule of law and the theory of the legal system. Based on the results of the research that The implementation of the investigation process for perpetrators of illegal logging in the jurisdiction of the Rembang Police Resort involves various stages regulated in criminal procedure law. Investigators, who are generally members of the Police, will conduct an initial investigation based on reports, complaints, or arrests caught red-handed. The investigation process then involves examining witnesses, suspects, securing evidence, and compiling case files to be submitted to the prosecutor. Obstacles in the implementation of the investigation process for perpetrators of illegal logging in the Rembang Police Resort area include the availability of data and evidence, coordination between agencies, and suboptimal law enforcement. The solution includes improving data quality, harmonizing regulations, increasing the capacity of law enforcement officers, and involving the community in efforts to prevent and eradicate forest destruction.
Legal Review of the Prosecutor's Authority in Setting Aside Cases in the Criminal Justice Process Ramdhani, Ramdhani; 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.v20i2.46191

Abstract

Abstract. The waiver of a case is an authority, it is not impossible that the decision to waive a case can be challenged in court, to question whether in carrying out the duties and authority of the case deponeer, the Attorney General has sufficient reasons, namely: To what extent does the waiver of the case meet the requirements for the sake of public interest, namely the interests of the nation and state and/or the interests of the general public and the ideal measure of the use of the opportunity principle and which is able to provide a picture of the prosecution policy in handling criminal cases effectively, efficiently, and responsibly which is carried out without abandoning the sense of justice. The aim of this research is to find out and analyze (1) the nature of the position of the Prosecutor in the Indonesian Criminal Justice System, (2) the legal barometer of the Prosecutor's authority to set aside cases in the criminal justice process, and (3) the fundamental problems of the Prosecutor's authority to set aside criminal cases. The approach method used in this study is normative juridical. The specifications of this study are descriptive analytical. The data source used is secondary data. Secondary data is data obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. The research results and discussion can be concluded: (1) In the criminal justice system, the role of the prosecutor's office is very central because the prosecutor's office is the institution that determines whether a person should be examined by the court or not. The prosecutor also determines whether a person will be sentenced or not through the quality of the indictment and charges made. (2) Article 35 letter c of Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia is the legal basis for setting aside cases in the public interest as the authority of the Attorney General. The setting aside of cases in the public interest based on Constitutional Court Decision Number 29/PUU-XIV/2016, can be carried out after the obligation to pay attention to the advice and opinions of state authorities that have a relationship with the problem is carried out by the Attorney General. (3) The issuance of a deponeering decision is a debate in Indonesia both among academics and among state institutions. The debate occurs because of the diversity of opinions or it can be said that for multiple interpretations of the meaning of "public interest" to be applied in a case.

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