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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 Legal Protection for Children as Victims of Sexual Harassment (Case Study: PPA Unit, Semarang Police) Mulyono, Novendra Fajar Mulyono; 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.v20i2.46175

Abstract

This study aims to analyze legal protection for children as victims of sexual harassment, with a focus on handling by the Women and Children Protection Unit (PPA) of the Semarang Police. Legal protection for child victims of sexual violence is very important considering the psychological and social impacts it causes. The method used in this study is sociological juridical, with a qualitative approach to research specifications in the form of analytical descriptive. Data sources consist of primary data, secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. The results of the study show that the Semarang Police through the PPA Unit have made legal protection efforts through a fast investigation process, psychological and legal assistance, and coordination with related agencies such as the Social Service and Child Protection Agency. However, there are still obstacles such as limited number of experts, lack of supporting facilities, and lack of public understanding of the importance of reporting cases of sexual abuse against children. Therefore, better synergy between institutions is needed as well as increased education and socialization to the community to create optimal protection for children.
Legal Analysis of Law Enforcement in Handling Anarchist Demonstrations in Cirebon City Sukatendel, Reggy Permana; 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.v20i2.46192

Abstract

Abstract. Demonstration or protest is a right to express opinions that is guaranteed in the democratic country of Indonesia, however, in conducting demonstrations or protests must use procedures that uphold morality and good ethics. Anarchic demonstrations not only deviate from the meaning of democracy but can also cause problems for the affected community. This study aims to analyze and describe the implementation mechanism of handling anarchist demonstrations in Cierbon City at this time. To analyze and describe the obstacles and solutions in efforts to realize legal balance in handling anarchist demonstrations in Cierbon City.The type of legal research used is non-doctrinal. Based on the research results it is known that. The problems that hinder the optimization of handling anarchist demonstrations consist of the lack of regulation of the categorization of anarchist actions in demonstrations as a type of criminal act. In law enforcement, the problem is the lack of police personnel and infrastructure in handling anarchist demonstrations which are often in large groups. The public view is that anarchist actions in demonstrations are included in the category of the right to express opinions. A solution to overcome the problems that hinder the optimization of handling anarchist demonstrations is to make regulations in the Criminal Code specifically related to anarchist demonstrations as a crime. The police need to increase the number of personnel and infrastructure related to the task of handling anarchist demonstrations. There needs to be education for the public that anarchist actions do not reflect a civilized and democratic attitude, but are actions that are contrary to democratization in the implementation of demonstrations.
Implementation of Criminal Sanctions Against Perpetrators of Theft Crimes Based on Legal Certainty (Case Study of Decision Number 144/Pid.B/2024/PN.Smg Fitriani, Riska; 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.v20i2.46209

Abstract

Abstract. The case study in this research is Decision Number 144/Pid.B/2024/PN Smg. By considering Article 362 of the Criminal Code and Law Number 8 of 1981 concerning Criminal Procedure Law and other relevant laws and regulations, the court declares that the Defendant Rilly Pradana Purnama Putra Bin Slamet Bowo Mulyono has been proven legally and convincingly guilty of committing the crime of "Theft" as in the Single Indictment of the Public Prosecutor; imposes a sentence on the Defendant, therefore with a prison sentence of 1 (one) year and 8 (eight); Declares that the length of arrest and detention that the Defendant has served is deducted entirely from the sentence imposed. Law enforcement against crime in Indonesia, especially in criminalization, should refer to a normative approach that is punitive to criminals so that it can have a deterrent effect. Minor crimes, especially minor theft, have recently attracted public attention because their handling is considered no longer proportional to the level of seriousness of the regulated crime. The current regulation of minor crimes is assumed to be a kind of protection from disproportionate law enforcement against crimes whose losses are considered not serious. Minor crimes do not only include violations, but also include minor crimes contained in Book II of the Criminal Code consisting of minor animal abuse, minor insults, minor abuse, minor theft, minor embezzlement, minor fraud, minor vandalism, and minor receiving of goods. Understanding of Supreme Court Regulation Number 2 of 2012 needs to be accompanied by efforts to educate the public about minor crimes. This is because not all people understand the things included in minor crimes (Tipiring). The crime of theft with a relatively small value of goods can go to court because currently the Public Prosecutor (PU) charges defendants with minor theft using Article 362 of the Criminal Code and not Article 364 of the Criminal Code because the limitation of minor theft regulated in Article 364 of the Criminal Code is limited to goods or money with a value of less than Rp. 250,- (Two Hundred and Fifty Rupiah). This value is certainly no longer relevant to the current situation, because there are almost no goods with a value of less than Rp. 250,-.
Legal Protection for Police Doctors in Assignments Under Police Operational Control (BKO) Based on Law Number 17 of 2023 Concerning Health (Case Study of Papua Cartenz Peace Operation) Satria Yuniar Santoso, Stefanus; 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.v20i2.46220

Abstract

Abstract. Police Medicine as a suporting function deploys police doctor personnel in BKO activities to carry out their duties always attached to other police personnel in the field to provide technical assistance in organizing health for police members, as the main and foremost spearhead starting from establishing health post facilities, and preparing medicines and basic medical equipment in maintaining health, preventing disease, improving health, treating disease and restoring the health of police members during assignments both in disaster operation areas and conflict areas. In carrying out their duties, police doctors also provide health services to local communities, both those who are not affected by disasters and conflicts, so that they have a good level of health. The reasons for the elimination of punishment so as to free doctors from lawsuits, namely: Treatment risk, Medical accident, Contribution negligence, Respectable minority rules & error of (in) judgment, Volenti non fit iniura or assumption of risk, and Res Ipsa Loquitur. The Indonesian Medical Disciplinary Honorary Council (MKDKI) has the authority to examine and make decisions on complaints related to the discipline of doctors and dentists. MKDKI can determine whether or not there are errors made by doctors and dentists in the aplication of medical and dental disciplines. This institution is an autonomous institution of the Indonesian Medical Council which is independent in carrying out its duties. Research sourced from the SOEPRA journal entitled "Legal Protection of Medical Personnel Against Efforts to Resolve Medical Disputes Reviewed from Criminal Law" by Ade Armada Sutedja, A. Joko Purwoko and Edi Sumarwanto concluded that medical crimes have been regulated in the Criminal Code, Law No. 29 of 2004 concerning Medical Practice, Law No. 36 of 2009 on Health and Law No. 44 of 2009 on Hospitals. Legal protection of medical personnel has been regulated in the Criminal Code, Law No. 29 of 2004 concerning Medical Practice, Law No. 36 of 2009 on Health and Law 36 of 2014 concerning Health Personnel and Law No. 44 of 2009 concerning Hospitals.
Legal Analysis of Legal Protection of the Rights of Employees with Fixed-Term Employment Agreements (PKWT) Who Receive Unilateral Termination of Employment (PHK) by the Company (Research Study in Semarang City) Sasongko, Unggul Agus; 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.v20i2.46240

Abstract

Abstract. Fixed-Term Employment Agreement is a form of employment relationship that is widely used in Indonesia, especially for temporary work. Although it has been regulated in Law Number 6 of 2023 and Government Regulation Number 35 of 2021,Fixed-Term Employment Agreement employees often face legal vulnerabilities, especially when there is a unilateral Termination of Employment before the end of the contract period. Unilateral layoffs without a clear legal basis not only violate aplicable provisions but also have a significant impact on workers' welfare. The settlement mechanism through the Industrial Relations Court that is available is often ineffective in providing justice quickly. Weak supervision, lack of understanding of the law by workers, and bad faith from companies worsen this situation. Based on the views of legal experts, fair and effective legal protection is essential to ensure social justice in accordance with the values of Pancasila. Therefore, this study was conducted to analyze the legal protection of Fixed-Term Employment Agreement employees who were unilaterally laid off by companies in Semarang City. The research method used is legal research with a sociological juridical aproach (empirical), which combines normative analysis with empirical data obtained from the field. The author conducted an analysis of legal protection for Fixed-Term Employment Agreement employees who were unilaterally laid off by companies in Semarang City and the aplication of the law on the rights of Fixed-Term Employment Agreement employees who were unilaterally laid off by companies in Semarang City. Legal protection forFixed-Term Employment Agreement workers includes preventive protection, namely through the creation of a complete and transparent written work contract, as well as repressive protection through dispute resolution mechanisms such as bipartite, mediation, and the Industrial Relations Court. The views of legal experts such as Philipus M. Hadjon, Satjipto Rahardjo, Hans Kelsen, Yudi Latif, and Lawrence M. Friedman reinforce the importance of fair legal protection that sides with workers as the weaker party.
Effectiveness of the Implementation of Military Criminal Law Against Soldiers Proven to Have Committed Desertion (Case Study of the Decision of the Military Court II-10 Semarang) Kustiawan, M. Sjaiful; 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.v20i2.46039

Abstract

Desertion is a form of violation of military criminal law committed by a military member by withdrawing from his service obligations without permission or intentionally avoiding carrying out military duties. Provisions regarding desertion are regulated in Article 87 of the Military Criminal Code (KUHPM). Currently, desertion is one of the most prominent forms of violation in the Indonesian National Armed Forces (TNI), this is due to the high number of soldiers committing desertion each year. This thesis aims First, to analyze the factors that cause the occurrence of the crime of desertion. Second, to analyze the effectiveness of the application of military criminal law to soldiers who are proven to have committed desertion. This research method uses an empirical legal research type, with a sociological approach and the object of study focuses on legal effectiveness. Based on the research results, the factors that cause the occurrence of criminal acts of desertion are based on an analysis of 20 sample decisions from the II-10 Military Court Semarang. It was found that there were several factors causing soldiers to desert, but the biggest factor causing soldiers to desert was due to economic problems, namely debt. The effectiveness of the application of military criminal law against soldiers who are proven to have deserted is based on several factors, as follows: the law regulating desertion is clearly stated and easy for soldiers to understand. Law enforcers who handle desertion cases have the ability, consistency and integrity in handling desertion crimes. The facilities and infrastructure owned are in good condition and adequate for use. Public awareness or legal awareness of soldiers, the majority of soldiers who deserted have known about the prohibitions and sanctions for desertion, the culture in the Criminal Code which reflects Indonesian cultural values, in general, the application of military criminal law against soldiers proven to have deserted has been carried out effectively.
Analysis of Judge's Decision in Corruption Crimes (Study of Decision Number 2205 K/Pid.Sus/2022) Zufriansyah, Mohammad; 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.v20i2.46092

Abstract

The eradication of corruption has not been carried out optimally, where the prosecutor's office often fails to win corruption cases, until the defendant is acquitted. One example of an acquittal for corruption in Decision Number 2205 K / Pid.Sus / 2022. This study aims to determine and analyze the judge's decision in corruption in Decision Number 2205 K / Pid.Sus / 2022 and the basis for the judge's considerations in making a decision on corruption in Decision Number 2205 K / Pid.Sus / 2022. This study uses a normative legal approach method, the research specification is descriptive analytical. The data used are primary data and secondary data while the data collection method is carried out through field studies and literature studies. The data analysis method is qualitative. TThe theories used are the theory of punishment, the theory of justice and the theory of legal certainty. Based on the research results it can be concluded that iImplementation of restorative justice in resolving traffic accidents The judge's decision in the corruption case in Decision Number 2205 K/Pid.Sus/2022 reflects a bad precedent in enforcing corruption law in Indonesia, where the cassation level decision upheld the first level judge's decision, namely that the defendant Samin Tan was declared not legally and convincingly proven to have committed a crime in the first or second indictment and was declared free from all legal charges. The judge in his consideration was not quite right, where the perpetrator should have been punished under Article 5 paragraph (1) of the Corruption Law or Article 13 of the Corruption Law, but the judge stated that the defendant's actions were those of a gratification giver so that he could not be subject to criminal penalties. The breakdown of the elements in the Samin Tan decision did not look at the legal facts directly, because the focus was only on the absence of regulations for the gratification giver, so the judge stated that the defendant was not proven to have committed the crime charged and was declared free.
Legal Protection for Victims of Traffic Accidents Based on Justice (Cirebon Police Case Study) Sijabat, Niko Andri; 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.v20i2.46168

Abstract

Traffic accidents not only cause material losses, but also psychological and social impacts on victims. Therefore, a legal protection mechanism is needed that is not only repressive, but also restorative, in order to guarantee the rights of victims fairly and proportionally. The research method used is empirical juridical, with a qualitative approach. Data were obtained through interviews with law enforcement officers at the Cirebon Police, accident victims, and a review of relevant legal documents. The results of the study indicate that although legal protection has been regulated in laws and regulations such as Law No. 22 of 2009 concerning Traffic and Road Transportation and the Criminal Procedure Code, its implementation still faces obstacles, including minimal legal assistance for victims, lack of public understanding of victims' legal rights, and limitations in the application of restorative justice. This study recommends the need to increase the role of the Cirebon Police in socializing victims' rights, strengthening coordination with legal aid institutions, and implementing a more optimal restorative justice approach so that victims' rights can be fulfilled comprehensively.
Legal Review of the Punishment of Perpetrators of Criminal Acts of Assault Resulting in Serious Injuries (Study of Decision No: 334/Pid.B/2023/PN.Amb and Decision No: 30/Pid.B/2023/PN.Cjr) Ashadiqi, Rafi; Tri Bawono, Bambang
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46187

Abstract

Abstract. The crime of assault causing serious injury as regulated in Article 351 paragraph (2) of the Criminal Code (KUHP) is a form of crime against the body which has serious consequences for the victim. This study aims to analyze the legal construction of the crime of assault causing serious injury and to evaluate the application of the principle of legal certainty in court decisions. The research method used is a normative legal approach with descriptive-analytical specifications and case study techniques. The object of the study is focused on the Study of Decision No: 334 / Pid.B / 2023 / PN.Amb and Decision No: 30 / Pid.B / 2023 / PN.Cjr with an analytical approach to the elements of the crime, evidence, judges' considerations, and their relevance to the principles of legality, proportionality, and legal certainty. The results of the study show that the elements in Article 351 paragraph (2) of the Criminal Code are formally proven, but their application in material aspects is often inconsistent because it depends on the judge's subjective interpretation of the victim's injury conditions. This difference creates disparities in sentencing and weakens the principle of legal certainty. Therefore, this thesis recommends the importance of strengthening guidelines for interpreting material criminal law related to serious injuries, as well as harmonization between the results of the post-mortem and the legal construction in the decision in order to create a fair, proportional, and legally certain sentencing system.
Legal Analysis of Restitution Granting as an Effort to Restore the Rights of Victims of Sexual Violence in the Perspective of Indonesian Positive Law Based on Justice Values Irawan, Ridho Hendry; 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.v20i2.46204

Abstract

Abstract. Sexual violence is a violation of human rights that injures the dignity and honor of the victim, and requires recovery through restitution. Even though it has been regulated in Indonesian positive law, the implementation of providing restitution for victims of sexual violence still faces various challenges. The aim of this research is to analyze the current arrangements for providing restitution as an effort to restore the rights of victims of sexual violence, to analyze the weaknesses of the system of providing restitution as an effort to restore the rights of victims of sexual violence in the perspective of positive Indonesian law, and to analyze the ideal arrangements for providing restitution as an effort to restore the rights of victims of sexual violence in the perspective of positive law in Indonesia in the future based on justice. The aproach method used in preparing the thesis is normative juridical research. The specifications in this research are descriptive analysis. The theories used include legal certainty theory, legal system theory, justice theory. The results of this research are (1) Regulations regarding the provision of restitution in cases of criminal acts of sexual violence have been regulated in Law Number 12 of 2022 and Supreme Court Regulation Number 1 of 2022. Restitution is recognized as a victim's right which must be exercised by the perpetrator or a third party. (2) Weaknesses in the substance of current regulatory law are that they are unable to provide protection for victims because they still place victims as objects in the criminal justice system. Weaknesses in legal culture which is still influenced by patriarchy and negative stereotypes towards women. (3) The ideal arrangement for providing restitution as an effort to restore the rights of victims of sexual violence requires the presence of a legal system that is not only based on normative justice as regulated in the TPKS Law and its derivative regulations, but is also realized substantively through real fulfillment of the victims' rights, including when the perpetrator is unable to pay. The imbalance between norms and implementation shows the need for improvement, especially in the state's role in ensuring the recovery of victims through compensation mechanisms, in order to achieve complete justice as described by Hans Kelsen, that the law must aply generally and regularly, where the state needs to ensure that victims' rights can be realized in real terms as a form of the state's responsibility in protecting its citizens.

Page 28 of 36 | Total Record : 351

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