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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 Domestic Violence Case Investigation by the PPA Unit of the Ogan Komerung Ulu Police Pradani, Riri Nabila; 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.v20i2.46208

Abstract

Abstract. Domestic Violence (DV) cases in Indonesia are no longer a problem that must be covered up because everyone has the same rights and status in the eyes of the law. The majority of people in Indonesia are a country that still adheres to Eastern customs that still adhere to Patriarchy. Patriarchal culture positions men as rulers and women as second-class humans who must submit to men. In household life, women in particular are positioned as people who only hold reproductive functions such as getting pregnant, giving birth, and raising children who have been born, and domestic functions, namely matters within the home, therefore women are often perceived as weak creatures who only rely on emotions and feelings so that the output produced is illogical. An example of a case that occurred in 2024 with police report number LP.B/26/II/2024/SPKT dated February 20, 2024, which occurred between a husband and wife with the initials SA (Wife) as the victim and AP (Husband) who was the perpetrator on Jl. R. Suprapto, Kemala Raja Village, Baturaja Timur District, Ogan Komering Ulu Regency with a brief chronology of events, namely on Tuesday, February 13, 2024 at around 00.15 the perpetrator (AP) hit his wife (SA) because it was suspected that his wife received money and kept the money a secret so that AP felt annoyed and suspicious of his wife and kicked SA until she was thrown 3 meters away, in addition AP also slapped SA 3 times and caused bruises on SA's right and left cheeks. This case ended P-21 at the prosecutor's office and the suspect AP was sentenced according to the alleged article given. In addition, there is also LP.B/30/II/2025/SPKT/POLRES OKU dated February 26, 2025 which terminated the investigation (SP 3). The termination of the investigation was carried out because the victim withdrew the report because she wanted to improve her relationship with the perpetrator and have children with the perpetrator.
Legal Protection for Consumers in E-Commerce Transactions Through Facebook Marketplace with Split Payment System Ningsih, Sri Eva; 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.v20i2.46219

Abstract

Abstract. In today's era, technology is something that is very much needed by every group, the use of technology brings positive forms to facilitate communication and so on, but the use of technology is often misused such as electronic-based fraud or what we often know as e-commerce. Electronic commerce (e-commerce) has now reformed conventional trade, where the interaction between consumers and business actors that was previously carried out directly, which with the existence of electronic commerce, has now become an indirect interaction. The definition of e-commerce is also stated in Article 1 paragraph (2) of the ITE Law (Information and Electronic Transactions) No. 11 of 2008 which regulates, "Electronic Transactions are legal acts carried out using Computers, Computer networks, and/or other electronic media". The method used is the normative legal approach method. With research specifications using normative descriptive, where using secondary data is analyzed qualitatively. The formulation of the problem is analyzed based on the theory of legal certainty and the theory of law enforcement. The results of the study show that there are no clear rules governing the split payment system to be a legal umbrella that can protect consumers in making online buying and selling transactions using the Marketplace feature on the Facebook application which allows consumers to suffer losses due to business actors in the application. Law No. 8 of 1999 concerning Consumer Protection (UUPK) and the ITE Law are laws that regulate consumer protection and also online transactions. As a business actor, it is his obligation to provide and fulfill the rights of his consumers. Thus, consumers will get their rights as consumers and will not be harmed by business actors who commit bad acts.
Implementation of the Authority of the Public Prosecutor in Resolving Corruption Cases Based on Restorative Justice (Case Study at the Semarang District Attorney's Office) Supriyadi, Ujang; 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.v20i2.46239

Abstract

Abstract. This study aims to determine, examine, and analyze the implementation of the authority of the public prosecutor in resolving corruption crimes based on restorative justice at the Semarang District Attorney's Office, obstacles and solutions for the public prosecutor in resolving corruption crimes based on restorative justice at the Semarang District Attorney's Office and the concept of implementing the authority of the public prosecutor in resolving corruption crimes based on restorative justice in the future. The approach method used in this study is Sociological juridical. The specifications of this study are descriptive analytical. The data source used is primary data. While secondary data is obtained from literature study research consisting of primary legal materials, secondary legal materials, and testier legal materials. Based on the results of the study, it can be concluded that the implementation of the authority of the public prosecutor in resolving corruption crimes based on restorative justice at the Semarang District Attorney's Office is in exercising the authority as a public prosecutor to resolve corruption cases based on the Criminal Code. Obstacles and solutions for public prosecutors in resolving corruption crimes based on restorative justice at the Semarang District Attorney's Office are that not all corruption cases meet the requirements for restorative justice, there are no specific, firm rules. However, in facing these obstacles, the Semarang District Attorney's Office uses solutions such as compiling special regulations, increasing prosecutors' understanding of the Restorative Justice mechanism specifically in serious crimes. The concept of implementing the authority of the public prosecutor in resolving corruption crimes based on restorative justice in the future is by enforcing the law on corruption crimes fairly and just substantively, not just procedural formalities.
The Authority of the Batam City Regional Government and the Batam City Free Trade and Free Port Authority in the Business Licensing Process Through the Online Single Submission Risk Based Approach Based on Legal Certainty fetarina, Lisdwi; Widayati, Widayati
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.v20i2.46037

Abstract

The Unitary State of the Republic of Indonesia is a state based on law. This concept is stated in Article 1 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia which reads: The State of Indonesia is a state of law. The consequence of this article is that every action, whether it is the action of a citizen or the action of a state administrator (government), must be based on law and must not conflict with the applicable positive law (ius constitutum). The approach method used in this study is empirical juridical. According to Abdul Kadir Muhamad, empirical juridical research is: "research conducted by examining secondary data first and then continued by conducting research on primary data in the field". In legal research, law is seen as a norm or das sollen, because legal research is an approach that refers to applicable laws and regulations. The OSS RBA system created as a form of E-Government in Batam City aims to provide convenience to the public in accessing licensing documents on the OSS RBA system to issue permits independently through digital use and to facilitate officers in providing licensing services to the public. However, in the implementation of OSS RBA in Batam City so far, there have been various obstacles and problems that have caused the implementation of OSS RBA in Batam City as a system that helps the public issue licensing documents to not be implemented effectively enough. This study uses a descriptive qualitative approach to describe and analyze the implementation of OSS RBA in Batam City. Based on field data and literature review, several main findings were obtained
Refund of State Losses Due to Criminal Acts of Corruption on Problematic Credit at Bank BRI Kediri Branch Office Ismail, Moch Taufiq; 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.v20i2.46089

Abstract

The research aims to be Accountable for Refunding State Financial Losses Due to Criminal Acts of Corruption in Problematic Loans at BRI Bank, Kediri Branch Office, Weaknesses and Solutions in the implementation of accountability for refunding state financial losses due to criminal acts of corruption in Problematic Loans at BRI Bank, Kediri Branch Office. The sociological legal approach method is an approach to studying and exploring legal realities experienced in the field or an approach that is based on problems concerning legal matters and existing realities, using the theory of criminal responsibility and the legal system. The results of the research and discussion are that (1) Accountability for the Return of State Financial Losses Due to Corruption Crimes is proven to impose a prison sentence of 4 (four) years 6 (six) months and a fine of Rp. 100,000,000.00. If the fine is not paid, it will be replaced with a prison sentence of 3 (three) months. Imposing an additional sentence on the Defendant to pay compensation of Rp. 891,177,500. If the convict does not pay compensation within 1 (one) month after the court decision has obtained legal force, his property can be confiscated by the Prosecutor and auctioned to cover the compensation in the event that the convict does not have sufficient property to pay compensation, then he will be punished with imprisonment for 2 (two) years.(2) Weaknesses in the implementation of accountability for the return of state financial losses due to corruption; First, if the fine is not paid, it is replaced with imprisonment for 3 (three) months each, from the decision of the fine, it is possible that the defendants choose a substitute sentence of imprisonment because it is considered too light, which is only 3 (three) months imprisonment, rather than fulfilling the provisions of the fine that must be paid is considered quite large, even though they are able. Second, the application of cumulative penalties for corruption, there needs to be implementing regulations, especially regarding the implementation of fines. Third, the threat of imprisonment and fines together, their implementation (execution) must be carried out by defendants of corruption, especially fines.
Effectiveness of the Implementation of Social Rehabilitation for Child Victims of Sexual Violence Based on Justice (Case Study of UPTD PPA (Protection of Women and Children) of Kotamobagu City) Malau, Nike Rumondang; 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.v20i2.46167

Abstract

Children are a gift from God Almighty who have the right to be given protection for their personality and the rights inherent in a child. , therefore we must always protect children because in them inherent dignity, honor, and rights as human beings must be upheld. Children's human rights are part of human rights contained in the 1945 Constitution and the United Nations Convention on the Rights of the Child. From the perspective of national and state life, children are the future of the nation and the next generation of the nation's ideals, so that every child has the right to survival, growth and development and the right to protection from violence and discrimination as mandated in Article 28 paragraph (2) of the 1945 Constitution. Based on the formulation of the problem and the objectives of this research, the type of research used in this thesis research is empirical legal research, namely research that not only examines normative aspects but also examines how the law is implemented in society. Based on the Author's research by conducting interviews with the Head of UPTD PPA Kotamobagu City (Susilawati Gilalom), Psychologist Assistant (Indri Dilapanga) and Social Worker (Supriono Paputungan) regarding the implementation of social rehabilitation of child victims of sexual violence at the PPA Office of Kotamobagu City from the results of the interview, the Author can conclude that the implementation of the social rehabilitation process for child victims of sexual violence has been carried out well following the mechanisms and procedures regulated in the Regulation of the Minister of State for the Empowerment of Women and Child Protection of the Republic of Indonesia Number 2 of 2011 concerning Guidelines for Handling Child Victims of Sexual Violence, there are several obstacles found in the implementation of social rehabilitation of child victims of sexual violence
Legal Protection for Victims of Sexual Violence Evaluation of the Implementation of the Law on Sexual Violence Crimes Lambang, Raden Bimo Dwi; 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.v20i2.46186

Abstract

Criminal acts of sexual violence are increasing in Indonesia. This crime is very detrimental to the victims because of the impacts it causes. Victims must receive protection for their rights as regulated in Law Number 12 of 2022, however, protection for the rights of victims of sexual violence has not been optimal due to weaknesses in terms of legal substance and legal culture. This study uses a constructivism paradigm, with a socio-legal research approach method. The specifications of this study are descriptive analytical. The data used are primary data and secondary data, which are then analyzed qualitatively. The results of the study show that: 1. Victim protection can also include abstract (indirect) and concrete (direct) forms of protection: (1) Abstract protection is basically a form of protection that can only be enjoyed or felt emotionally (psychically), such as satisfaction (satisfaction); (2) Concrete protection is basically a form of protection that can be enjoyed in real terms, such as the provision of material or non-material. 2. Implications of the Regulation of Legal Protection for Victims of Sexual Violence Based on Law Number 12 of 2022, there are weaknesses in the protection of victims' rights, in terms of: (1) legal substance, namely: (i) not all forms of sexual violence are regulated in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, (ii) Law Number 12 of 2022 opens up space for subsidiary punishment or substitute punishment for perpetrators in the mechanism for providing restitution to victims, and (iii) overlapping laws and regulations governing sexual violence; (2) legal culture, namely: (i) law enforcement, (ii) society. 3. Legal Protection for Women Resulting from Criminal Acts of Sexual Violence: (1) Based on the laws and regulations in Indonesia, there are various regulations that regulate forms of sexual violence such as the 1945 Constitution, Law Number 1 of 1946 concerning the Criminal Code, Law Number 39 of 1999 concerning Human Rights, Law Number 26 of 2000 concerning the Human Rights Court, Law Number 23 of 2004 concerning the Elimination of Domestic Violence, Law Number 21 of 2007 concerning the Eradication of Criminal Acts of Human Trafficking, Law Number 35 of 2014 Amendment to Law Number 23 of 2002 concerning Child Protection, Law Number 17 of 2016 which stipulates the State Regulation in Lieu of Law Number 1 of 2016 concerning the second amendment to Law Number 23 of 2002 concerning Child Protection has become a Law, Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, Law Number 1 of 2023 concerning the Criminal Code and Law Number 17 of 2023 concerning Health. (2) Efforts to prevent sexual violence, including: a. The role of the government, b. The role of society, c. The role of the family and d. The role of oneself.
Effectiveness of the Implementation of the Marriage Law on Child Protection After a Divorce Decision Lesmana, Rico; 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.v20i2.46203

Abstract

Abstract. The objectives of this research are: to understand and analyze how child protection is implemented after a divorce, how the rights and obligations of parents toward their child are fulfilled after the divorce, and what solutions can be proposed. The research approach used in this study is a normative juridical approach, which is a process of discovering legal norms, legal principles, and legal doctrines to address the legal issues at hand. Law Number 16 of 2019 aims to protect children after divorce, but its implementation still faces various obstacles. The main challenges include a lack of socialization and public understanding of children's rights, limited access to legal services, as well as complex and slow legal bureaucracy. Although regulations regarding custody, alimony, and child care are clearly stated, their practice remains suboptimal. Therefore, improvements in education, training for relevant parties, simplification of procedures, and expansion of legal access are needed to ensure maximum child protection. The government and law enforcement must enhance public awareness and understanding of children's rights after divorce and the implementation of Law No. 16 of 2019 through media, seminars, and training. Legal services must be easily accessible and of high quality for families going through divorce. Law enforcers, courts, and social workers need intensive training to provide accurate information. Parents are also expected to actively seek information, maintain communication, and prioritize the psychological well-being and interests of the child during and after the divorce process.
Implementation of the Authority of the Police Security Intelligence Unit Regarding Supervision of Explosives Abuse in Indonesia Ristanto, Sandy Chesar; 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.v20i2.46214

Abstract

Abstract. The misuse of explosives poses a significant threat to public security and order. Data indicates that cases of misuse are still frequently found in various regions of Indonesia. The Intelligence and Security Agency of the Indonesian National Police (Baintelkam Polri) recorded that from 2016 to 2020, the misuse of explosives occurred almost every year. Additionally, Operation Pekat Candi 2024, conducted by the Central Java Regional Police, uncovered 81 cases of explosive misuse, resulting in the arrest of 98 suspects and the seizure of 410 kilograms of explosives. This thesis aims to analyze the implementation of the authority of the Police Security Intelligence Unit in supervising the misuse of explosives in Indonesia and to examine the challenges and solutions affecting the implementation of this authority. This research employs an empirical juridical aproach with a descriptive-analytical specification. Primary data were obtained through interviews with representatives of the Intelligence and Security Unit of the Indonesian National Police Headquarters, while secondary data were collected from legislation, books, and academic journals. The research findings indicate that the implementation of the authority of the Police Security Intelligence Unit in overseeing the misuse of explosives in Indonesia is carried out through early detection, administrative and operational supervision, and intelligence measures to ensure compliance with aplicable regulations. The effectiveness of this supervision depends heavily on the availability of human resources, budget, infrastructure, and inter-agency coordination. Challenges in implementing this authority include internal constraints, such as a lack of personnel and technological suport, as well as external constraints, such as minimal public participation, weak inter-agency coordination, and inconsistencies in regional autonomy policies. The necessary solutions involve strengthening the legal structure through increased personnel capacity and the adoption of modern technology, updating legal substance to better adapt to evolving criminal methods, and enhancing legal culture through public education and socialization to encourage community involvement in explosives supervision.
Legal Review of the Role of Prosecutors in Optimizing the Increase in Criminal Sanctions Against Pedophiles (Research Study at the Wajo District Attorney's Office) Panjaitan, Tiara Robena; 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.v20i2.46233

Abstract

Abstract. However, can the actualization of the role of the Prosecutor in implementing court decisions in the form of chemical castration be realized fluently, considering the considerations from various parties that lead to contradictions that are involved in the support system in implementing chemical castration sentences against pedophiles. The aim of this research is to find out and analyze (1) a review of national criminal law on the implications of pedophilia with child protection law, (2) the problems for prosecutors in implementing heavy criminal sanctions for pedophilia perpetrators, (3) the concept of effective legal supremacy in overcoming the problems of implementing heavy criminal sanctions for pedophilia perpetrators. 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. Based on the results of the research and discussion, it can be concluded: (1) There are no laws and regulations in Indonesia that specifically mention the crime of pedophilia, only that laws and regulations, especially Law Number 35 of 2014 concerning Child Protection in Articles 81 and 82, have explained the punishments that will be imposed on perpetrators of sexual deviations who make children their victims. (2) In the execution of chemical castration, the Prosecutor is not an expert in health, so the Prosecutor's Office collaborates with the IDI (Indonesian Doctors Association) to carry out the execution of the sentence, because the IDI is considered the most competent in carrying out punishments with medical elements. Theoretically, the implementation of chemical castration has been properly regulated in PP Number 70 of 2020, but it is different from the situation in the field. (3) That the Fatwa of the Medical Ethics and Honorary Council (MKEK) Number 1 of 2016 concerning Chemical Castration needs to be reviewed again because there are already regulations in the Republic of Indonesia Government Regulation Law Number 70 of 2020 concerning Procedures for Implementing Chemical Castration, Installation of Electronic Detection Devices, Rehabilitation, and Announcement of the Identity of Perpetrators of Sexual Violence Against Children.

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