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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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Diversion for Children in Conflict with the Law in Traffic Accident Crimes in South Solok Regency (Research Study at the South Solok District Attorney's Office) Helmi, Zetri Syafri; Maerani, Ira Alia
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.v20i2.46252

Abstract

This study aims to analyze the implementation of diversion in resolving criminal acts of traffic accidents committed by children in South Solok Regency in the context of legal certainty and what are the obstacles and solutions to the implementation of diversion in resolving criminal acts of traffic accidents committed by children in South Solok Regency in the context of law enforcement. The research method used to analyze is the Sociological Juridical Research Method. The sociological juridical approach is an approach that emphasizes research that aims to obtain empirical legal knowledge by going directly to the object. Sociological juridical research is legal research using secondary data as its initial data, which is then continued with primary data in the field or on the community, examining the effectiveness of a regulation and research that wants to find a relationship (correlation) between various symptoms or variables, as a data collection tool consisting of document studies or library materials and interviews that are associated with the Theory of Law Enforcement and Progressive Theory. Referring to the description above, in an effort to uphold restorative justice based on the theory of Law Enforcement and Progressive Legal Theory, a criminal case resolution that follows the concept of restorative justice has the essence of unfair treatment for both victims and perpetrators. The existence of unfair legal regulations for both victims and perpetrators, with the aim of creating the principle of legal certainty. The existence of very detrimental and disproportionate treatment of suspects, defendants, and convicts, compared to the need to protect the rights of others in a just perspective as in the intent and purpose of Progressive Law. The rights of victims or perpetrators are not protected effectively, efficiently and proportionally by the state. The existence of unfair or less fair treatment for victims due to laws that are not conducive or laws that do not provide protection for the rights of the victims themselves, the regulations of which are still unclear.
Legal Protection for Victims of Fraudulent Investment Crimes Based on Restorative Justice at the Salatiga Police Resort Rifo, Kana; Maerani, Ira Alia
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.v20i2.46025

Abstract

This study aims to determine and obtain data regarding legal protection for victims of fraudulent investment crimes using a restorative justice approach, then the obstacles faced by the police in handling this case and how to resolve this case using a restorative justice approach. The juridical-sociological research method is an approach in legal research that combines legal (juridical) and social (sociological) aspects to understand how law interacts with society and its impact on social order. This method involves collecting qualitative data, such as interviews, observations, and document analysis, to describe and explain how law affects society, how society responds to law, and how this interaction can shape better legal policies using the theory of restorative justice and the theory of law enforcement in an Islamic perspective. The results of the study show that First, legal protection based on restorative justice for victims of fraudulent investment crimes such as the fulfillment of victim rights, counseling, medical services or assistance, legal assistance, and providing information to victims related to the investigation and examination process of the crime experienced by the victim. Second, the obstacles faced in resolving the case are that the victim asks for the case to continue, there are parties who provoke, and want to provide a deterrent effect on the perpetrator. Third, the process of resolving criminal cases in Indonesia can usually be resolved through litigation or trials. However, the idea of resolving criminal cases using non-litigation methods or can also be called restorative justice emerged. Restorative justice or restorative justice contains the meaning of a restoration of relationships and atonement for mistakes that the perpetrator wants to make to the victim using methods outside the court with the aim that the problem can be resolved properly and an agreement is reached between the parties. By looking at it from the perspective of the perpetrator, victim and case.
The Role of the Mobile Brigade Unit in Protecting the Community Regarding Illegal House Evictions at the Riau Islands Police Masdoro, Masdoro; 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.v20i2.46080

Abstract

Procurement in the body of goods and services of the Indonesian National Police is currently carried out electronically since the enactment of Law Number 11 of 2008 concerning Electronic Information and Transactions has been given broad legal space. E-procurement as an information system is a synergy between data, data processing machines (which usually include computers, application programs, and networks) and humans to produce information. Procurement of goods/services electronically is basically aimed at: This study uses a normative legal approach method, with analytical descriptive research specifications. Secondary data comes from primary legal materials, secondary law, and tertiary law, as well as legal expert sources. Data collection through a mixed method between field data and literature. Data processing is carried out qualitatively, then conclusions are drawn using the inductive method. Research problems are analyzed using the Theory of Legal Protection, Theory of Legal Systems and Theory of Legal Certainty. The results of this study indicate that: the effectiveness of the law on procurement of goods and services in the National Police in terms of the effectiveness of its legislation by referring to the organizational perspective on government procurement of goods and services and the role of supervisory institutions on government procurement of goods and services. The data collection method was carried out by literature study with legal materials, namely laws and regulations. The analysis used was qualitative analysis seen from an empirical perspective which was used to analyze data obtained from the literature study. The results of the study are that the law governing the procurement of goods and services has not provided sufficiently strict sanctions so that violations still occur, but with the existence of e-procurement, the procurement of goods and services has become more transparent.
Implementation of Restorative Justice in Handling Criminal Acts of Theft in Indonesia Andhika Damascena, Muhammad Reza; 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.v20i2.46124

Abstract

Theft is one of the actions or deeds that are against the law. In the Criminal Code, theft can be subject to Article 362. The purpose of the research in this study: 1). To study and analyze the implementation of restorative justice in handling criminal acts of theft in Indonesia; 2). To study and analyze the obstacles and solutions to the implementation of restorative justice in handling criminal acts of theft in Indonesia. This study uses a sociological juridical approach, with a descriptive analytical research method. The data used are primary and secondary data which will be analyzed qualitatively. The research problems are analyzed using the theory of restorative justice and the theory of the legal system of Lawrence Friedman. The results of the study concluded that: 1) The implementation of restorative justice for the crime of theft has begun to be maximized since the issuance of the Circular of the Chief of Police Number SE/2/II/2021 on February 19, 2021 and the Regulation of the Republic of Indonesia National Police Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice issued on August 20, 2021; 2). The application of restorative justice as an alternative to resolving petty theft cases still has several obstacles or weaknesses. The weakness in the legal substance aspect is the time limit stipulated in Article 9 paragraph (5) of the Prosecutor's Regulation No. 15 of 2020, which stipulates a deadline of 14 days from the submission of the file. The weakness in the legal structure aspect is the lack of understanding of law enforcement officers regarding the implementation of resolving the crime of theft with restorative justice. The weakness of the legal culture of the application of Restorative Justice is that not all people are aware of the concept of Restorative Justice as a replacement for the general criminal system. The solution to the weakness of the legal substance aspect is that it is necessary to review the regulations governing the time limit in the Prosecutor's Regulation No. 15 of 2020, with the aim of adding time so that the resolution of cases is not rushed. The solution to the weakness of the legal structure aspect is the need to improve the quality of personnel by providing further education to law enforcers in handling restorative justice cases by improving the quality of personnel, it will also improve the abilities of members, especially restorative justice cases. The solution to the weakness of the legal culture aspect is that the government is advised to re-socialize the implementation of Restorative Justice as an initial step that should be taken in implementing law enforcement in the community.
Legal Analysis of Criminal Responsibility of Perpetrators of Theft Crimes (Study of Decision Number: 662/Pid.B/2024/PN Jkt.Pst) Makmaker, Petronela Yosinta Kelyombar; 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.v20i2.46181

Abstract

This study entitled "Legal Analysis of Criminal Liability of Perpetrators of Theft Crimes (Study of Decision Number: 662/Pid.B/2024/PN Jkt.Pst)" aims to analyze how criminal liability of perpetrators of theft crimes is determined in the Indonesian legal system and to determine the judge's considerations in identifying criminal acts based on the decision. The research method used in this study is the normative legal method, namely research that starts from applicable legal norms, with a case study approach to Decision Number 662/Pid.B/2024/PN Jkt.Pst as the object of study. The results of the study indicate that criminal liability is regulated through stages of proving the elements of a crime according to the Criminal Code, with a focus on proving unlawful acts, elements of error, and causality. In addition, the panel of judges considers strong evidence as well as social and moral aspects in making a decision. This study provides an overview of the importance of complete proof and consideration of moral values in enforcing criminal law on theft in Indonesia.
Effectiveness of Safety Helmet Use Policy in Reducing Traffic Accident Rates (Study at Semarang Police Traffic Unit) Brilianto, Reyhan; D.Djunaedi, D.Djunaedi
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.v20i2.46198

Abstract

Abstract. In Indonesia, motorcycles are the main mode of transportation that is widely used because of its economical and efficient nature. Data shows that the majority of vehicles that pass through the highway are motorcycles. However, the high number of these two-wheeled vehicles is also one of the dominant factors contributing to accidents. Accidents involving motorcycles not only cause material losses but also significant fatalities. This makes the safety of motorcycle users a top priority in traffic management. However, in reality, the implementation of this regulation still faces various challenges. There are still many motorcyclists who ignore the obligation to wear helmets, either because of ignorance, indifference, or even because of a lack of awareness of the importance of safety. This phenomenon reflects a gap in the implementation of traffic safety policies. Helmets are often only used as a formality to avoid legal sanctions, not as a safety tool whose benefits are understood and appreciated. This shows the need for more intensive law enforcement and ongoing education for the community. The increasing trend in the number of accidents involving helmet use was also recorded in 2023, which was 1,153 cases, with 126 fatalities, 1 serious injury, and 1,098 minor injuries. Meanwhile, for accidents without helmet use, the number reached 103 cases, with 25 fatalities, no serious injuries, and 85 minor injuries. These data show that although the number of accidents involving helmet users is higher overall, the fatality rate for helmet users is relatively lower compared to victims who do not wear helmets. In 2024, there was another increase in accidents involving helmet users of 1,339 cases, with 121 fatalities, 1 serious injury, and 1,240 minor injuries. Meanwhile, accidents without helmet use were recorded at 102 cases, with 22 fatalities, no serious injuries, and 88 minor injuries. The same pattern can be seen, where fatalities from the group not wearing helmets remain proportionally higher than those wearing helmets.
Legal Review of the Security of Anarchist Demonstrations by the Indonesian Police Mobile Brigade Corps (Study of Security for the 2024 Pilkada Demonstrations in Semarang City by Batalyon A Pelopor Sat Brimob Polda Jateng) Sukirno, Sukirno; 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.v20i2.46228

Abstract

Abstract. Freedom of speech is important in a democratic country, including Indonesia. The government has guaranteed freedom of speech by issuing a number of laws and regulations as its legal umbrella. One of the human rights guaranteed by the state is expressing opinions. The article on freedom of speech is regulated in the 1945 Constitution, Article 28F. Article 28E paragraph (3) of the 1945 Constitution states that everyone has the right to freedom of association, assembly, and expression of opinion. The 1945 Constitution of the Republic of Indonesia guarantees demonstrations in the form of free parades and pulpits and all the basic principles of organizing state life, therefore including them as constitutional rights, to protect, fulfill and promote them. Police members in carrying out their roles and functions cannot be separated from very basic rights such as human rights in general. There have even been plans to revise the TNI/POLRI Law to further strengthen the dual function that was once used by the New Order government as a tool to perpetuate power for 32 years and the Government at that time wanted to make the New Order government period with different methods but the same goals, so that it gives the impression that Jokowi is a neo-New Order leader which means a New Order style with more mature maneuvers and also updating methods for the succession of power and his cronies are the same as the New Order era. Regarding the demonstration by BEM Semarang Raya, Cipayung Plus Semarang City Civil Society Network and the People's Movement to Sue regarding the Pilkada Bill in front of the Semarang City Hall Office. On Monday, August 26, 2024 at 15.11 to 18.30 WIB in front of the Semarang City Hall Office, Jl. Pemuda, Sekayu Village, Semarang, a demonstration was held by BEM Semarang Raya, Cipayung Plus Semarang City Civil Society Network and the People's Movement to Sue regarding the Pilkada Bill Coordinator Mr. SA'AD (UIN Walisongo Semarang) and Mr. RIKI (UNISULA Semarang) Sandra Marjuki.
Application of Criminal Consequences in Cases of Breach of Contract Agreement If the Case Cannot Be Resolved Civilly Nurpasa, Wibowo; 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.v20i2.46246

Abstract

Abstract. This research is motivated by the occurrence of a case of default which is a civil law case but the case cannot be resolved civilly so that other efforts such as criminalization are needed. However, whether the application of criminal consequences in cases outside of criminal law can be done, this requires clear legal certainty in resolving this case because if it is not resolved it can cause injustice to other parties. The research conducted by this author uses a Juridical Sociological approach. The research specifications in this study include descriptive analysis research types. There are two types of data in this study, namely primary and secondary data. The research was conducted at the Kuningan District Court Office. The data collection method used is direct field study and literature study. The data obtained is processed using qualitative analysis. If done in good faith if one party does not fulfill its obligations then this is a civil breach of contract so that it cannot be categorized as fraud. If the agreement contains bad faith in the contract agreement then it can be categorized as getting criminal consequences. Criminal consequences in cases of breach of contract can only be carried out if the case does not yet have permanent legal force. The case of breach of contract agreement that is carried out contains elements of fraud in the agreement that occurs can be criminalized legally according to applicable laws. However, agreements made in good faith cannot be punished. If forced to get an onslag decision. Criminal consequences in cases of breach of contract can only be carried out if they do not yet have legal force.
Legal Review of the Police Intelligence Authority in Handling Criminal Acts of Inter-Ethnic Conflict (Research Study in Merauke Regency, South Papua Province) Nooryono, Makhsyar; 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.v20i2.46066

Abstract

This research is motivated by the high frequency of inter-ethnic conflicts in Merauke Regency, South Papua Province, which poses a serious threat to public security, social order, and human rights. These conflicts-such as the one between the Asmat and Mappi tribes-have resulted in fatalities, material losses, and widespread social damage. In the context of a state governed by law, the Indonesian National Police (Polri) holds a strategic responsibility to prevent and address potential social conflicts, one of which is carried out through the role of the Intelligence and Security Division (Intelkam) in conducting early detection and engagement to maintain national stability. This study aims to analyze the implementation of Polri's intelligence authority in handling criminal acts related to inter-tribal conflicts in Merauke Regency, as well as to identify the challenges encountered and propose alternative solutions. The research uses a socio-juridical approach with a descriptive-analytical specification. The data collected includes primary and secondary legal materials, as well as empirical data obtained through observation, interviews, and documentation. Qualitative analysis is applied to examine statutory provisions, institutional roles, and the social dynamics of indigenous communities in South Papua. The findings indicate that the exercise of Intelkam Polri's authority has been conducted in accordance with the applicable legal framework. However, it still faces several obstacles such as limited resources, cultural resistance, and weak inter-agency coordination. An optimal conflict resolution requires integration between formal legal approaches and cultural methods grounded in local wisdom. There is a pressing need to strengthen the capacity of Intelkam and to improve synergy among the government, traditional leaders, and local communities to achieve sustainable peace.
Formulation of Investigation of Criminal Acts of Theft with Justice-Based Aggravation (Case Study of Nabire Police Resort) Anugerah, Muhammad Dito; 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.v20i2.46109

Abstract

Indonesia is a unitary state in the form of a republic. This statement is clearly stated in Article 1 Paragraph 3 of the Fourth Amendment to the 1945 Constitution of the Republic of Indonesia, which states that Indonesia is a country of law. Based on the supremacy of law, it states that "Indonesia is a country that upholds human dignity in relation to laws and regulations, and the government must enforce the law without exception. The type of research used in this study is normative legal research. Normative legal research is research that aims to analyze and examine law as a norm or rule that applies in society. The focus of this research is legal materials, either in the form of laws and regulations, doctrines, legal principles, or relevant court decisions. 1. The current mechanism for investigating aggravated theft is carried out based on the provisions of the Criminal Procedure Code (KUHAP), starting from the reporting stage, investigation, inquiry, to the transfer of the case to the prosecution stage. 2. Weaknesses in aggravated theft investigations include the limited ability of investigators to comprehensively uncover initial evidence, minimal use of supporting technology, and lack of sensitivity to the perpetrator's social background. 3. The legal formulation of the investigation of the crime of theft with aggravation based on justice should be directed at integrating the values of Pancasila justice, especially the second and fifth principles.

Page 27 of 36 | Total Record : 351

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