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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 Police Authority in the Implementation of Settlement of Domestic Violence (KDRT) Cases Through the Restorative Justice Approach Putra, Sanggrayugo Widyajaya; 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.v20i2.46215

Abstract

Abstract. Domestic violence (KDRT) is a criminal act regulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence. Handling of domestic violence cases must pay attention to the protection of victims, especially women and children. This is reinforced through Perpol Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice. However, the aplication of restorative justice in domestic violence cases has raised debate regarding the limits of police authority and the potential for neglect of victims' rights. The purpose of the study was to determine and analyze the authority of the police in implementing the resolution of domestic violence crimes through a restorative justice aproach, based on aplicable laws and regulations and to determine and analyze the obstacles and solutions in the aplication of the restorative justice aproach by the police in resolving domestic violence cases. Normative juridical legal research method, namely legal research conducted by examining primary, secondary, and tertiary legal materials as a basis for analyzing legal issues. The police have the authority to implement restorative justice according to Perpol Number 8 of 2021. In cases of domestic violence, the implementation must still prioritize the protection of victims according to Law Number 23 of 2004. Restorative justice can only be implemented if there is an agreement, there is no serious violence, and there is a guarantee that the act will not be repeated. Challenges in implementing restorative justice in cases of domestic violence include lack of regulation, understanding of officers, and resistance from the parties. Solutions include strengthening internal regulations, training officers, SOPs that side with victims, and involvement of suport institutions. The government and society must jointly suport regulation, education, and supervision so that justice for victims is guaranteed.
Efforts to Resolve Online Gambling Crimes at the Barelang City Police Resort Pantano, Tony; 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.v20i2.46234

Abstract

Abstract. Cyber crime, especially online gambling, requires law enforcement efforts, both to prevent and eradicate, so that it does not become more widespread. Conceptually, law enforcement is an activity to harmonize the relationship of a value in good and manifested rules and is also an attitude of action as a series of final stage value descriptions, in order to create, maintain and defend peaceful social life. This study aims to determine the legal construction of handling online gambling crimes in the concept of legal certainty, and efforts to resolve online gambling crimes at the Barelang City Police Resort. The approach used in this study is normative and empirical juridical. Normative juridical research refers to laws and regulations using secondary data. While empirical research is field research using primary data. The results of this study can be concluded. The legal construction of handling online gambling crimes in the concept of legal certainty that law enforcement against online gambling that has been carried out by the Barelang Police Criminal Investigation Unit uses the instrument of Article 303 of the Criminal Code, Article 27 paragraph (2) in conjunction with Article 45 of the Electronic Information and Transactions Law. Efforts to resolve online gambling crimes at the Barelang City Police as Investigators in handling online gambling crimes in prosecuting online gambling crimes in the jurisdiction of the Barelang Police include: Application of the Criminal Code and Law Number 11 of 2008 concerning Information and Electronic Transactions in online gambling cases. Inhibiting factors or obstacles faced in enforcing the law on online gambling crimes in the jurisdiction of the Barelang Police include the lack of understanding and mastery of Investigators in the field of information technology, not balanced with the development of the abilities of online gambling perpetrators and the use of electronic evidence requires expert testimony that requires a budget to finance the expert's honorarium.
Implementation of Restorative Justice in the Criminal Act of Illegal Retail Sale of Petroleum (BBM) (Case Study at the Mojokerto District Attorney's Office) Almira, Zhafirah Nisa; Suwondo, Denny
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46253

Abstract

Legal retail fuel sales are an event that is often encountered in society, but many people do not have permission from the authorities in the activity of buying and selling Pertalite fuel so that people will be subject to the Oil and Gas Law. This thesis aims to study and analyze: First, How is the Implementation of Restorative Justice in the Criminal Act of Illegal Retail Fuel Sales (Case Study at the Mojokerto District Attorney's Office), Second, what are the obstacles and solutions in the Implementation of Restorative Justice in the Criminal Act of Illegal Retail Fuel Sales, Third, how is the implementation of Restorative Justice against the Criminal Act of Illegal Retail Fuel Sales in the future. The approach method used in this study is a sociological legal approach, the research specifications used are descriptive normative, primary and secondary data sources and using qualitative analysis. This writing is analyzed with the theory of justice, restorative justice, and the legal system. Based on the research results, it can be concluded: (1) the application of Restorative Justice in the Criminal Act of Retail Sale and Purchase of Fuel Oil (BBM) at the Mojokerto District Attorney's Office is not only based on normative rules but also considers the level of reprehensibility, social and economic conditions, and losses by prioritizing humanistic law enforcement, (2) the obstacles in the application of RJ for retail sale and purchase of fuel oil are the rules that limit a case that can be RJ, socialization regarding the rules for the sale and purchase of fuel oil has not been implemented widely, there is still subjectivity in determining whether a case can be RJ or not, the solution is to align views and use conscience in implementing restorative justice, conduct socialization regarding the sale and purchase of fuel oil in retail so that there is no more ignorance of the law in society, review regulation 15 of 2020 concerning termination based on restorative justice regarding the requirements for restorative justice, (3) the application of Restorative Justice to the Criminal Act of Illegal Retail Sale and Purchase of Fuel Oil (BBM) in the future, namely the termination of prosecution based on restorative justice in the Attorney General's Office of the Republic of Indonesia is an effort to reform the national legal system which has so far only adhered to the positivist paradigm and as Ultimum remedium which means "last resort" or "last resort".
Legal Analysis of Criminal Responsibility of Gambling Crime Perpetrators (Study of Decision Number 234/Pid.B/2024/PN Jkt Pst) Darmawan, Kurnia Sobar; 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.v20i2.46028

Abstract

Gambling is a game where players bet to choose one of several choices provided where only one choice is the winner. This action is clearly contrary to the provisions of positive law, religion, and morality which is very dangerous for the next generation. The crime of gambling or participating in gambling was originally prohibited in the criminal provisions of Article 542 of the Criminal Code, but based on the provisions stipulated in Article 2 paragraph (4) of Law No. 7 of 1974 concerning the regulation of gambling, its name has been changed to a crime regulated in Article 303 bis of the Criminal Code. The approach method used in this study is a normative legal approach. The normative legal approach is a legal research conducted by examining library materials or secondary data as only. The research specifications used are descriptive analysis, sources and types of data used are primary and secondary data. The data collection method is carried out by means of literature studies, including minutes of legislation, books, journals, research results. The problem is analyzed with the theory of criminal responsibility, the theory of legal certainty and the theory of justice. Criminal liability is liability for crimes committed by people. Based on Decision Number 234/Pid.B/2024/PN Jkt Pst which is based on the facts revealed in the trial that the criminal act of gambling was committed by the Defendants by referring to the evidence revealed in the trial, it can be concluded that the Defendants have been proven guilty of the crime of gambling. This action expressly violates Article 303 paragraph 1 of the Criminal Code, with all the elements contained therein fulfilled. The basis for the judge's considerations in making a decision can be divided into two categories, namely: Legal considerations, namely the judge's considerations based on legal facts revealed in the trial and by law specified as something that must be included in the decision, and non-legal considerations, namely the judge in making his decision looks more at the background of the defendant, the consequences of the defendant's actions and the defendant's personal condition and religion.
Optimizing the Role of Prosecutors in Criminal Law Policy Efforts to Depenalize Drug Addicts Medie, Medie; 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.v20i2.46081

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.
Implementation of Law Enforcement in Combating Criminal Acts of Forgery of Motor Vehicle Documents in the Jurisdiction of the Batang Police Darwys, Muhammad Tomy Naufal; 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.v20i2.46126

Abstract

The purpose of this study is to determine and analyze the implementation of law enforcement in overcoming the crime of falsification of motor vehicle documents in the jurisdiction of the Batang Police, the obstacles faced by police investigators in overcoming the crime of falsification of motor vehicle documents in the jurisdiction of the Batang Police, and the obstacles faced by police investigators in overcoming the crime of falsification of motor vehicle documents in the jurisdiction of the Batang Police. This study uses a sociological legal approach method, with analytical descriptive research specifications. The data used are secondary data obtained through literature studies and primary data obtained from interviews with respondents related to law enforcement of criminal acts of forgery of motor vehicle documents in the jurisdiction of the Batang Police. The formulation of the problem is analyzed using the theory of law enforcement and Criminal Responsibility in Islam. The results of this study are that the handling of motor vehicle document forgery cases by the Batang Police has been carried out in accordance with criminal law provisions, specifically referring to Article 263 of the Criminal Code. The legal process is carried out systematically, starting from the stages of investigation, inquiry, prosecution, to court decisions. In the Decision of the Batang District Court Number: 182 / Pid.B / 2024 / PN Btg, the defendant Waryono bin Yakub was legally and convincingly proven to have committed the crime of making and using fake documents, and was sentenced to one year in prison. From an Islamic legal perspective, this act of forgery is included in the category of ta'zir crimes, namely violations whose punishment is determined by the judge, because these actions are contrary to the values of honesty and justice in Islam. Batang Police investigators face various obstacles such as perpetrators who move from place to place, a neat and organized forgery network, lack of information from the public, and limited facilities, infrastructure, and human resources. To overcome these obstacles, the Batang Police have made various efforts such as routine raids, cross-agency cooperation, community outreach, and intelligence infiltration into the perpetrators' network.
Traffic Police Investigation System for Traffic Accidents Causing Fatalities (Research Study at Batang Police Traffic Unit) Widi, Prasetya Nugrahaning; 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.v20i2.46182

Abstract

The police are authorized by law regarding traffic security. Traffic police or called Polantas are implementing elements tasked with carrying out police duties including guarding, regulating, escorting and patrolling, public education and traffic engineering, driver registration and identification, traffic accident investigation and law enforcement in the field of traffic in order to maintain security, order and smooth traffic. Traffic police must conduct investigations into traffic accident cases. The aim of this research is to find out and analyze (1) the implications of positive criminal law on traffic accidents, (2) the investigation scheme by the Traffic Police for traffic accidents with fatalities, (3) the obstacles faced by the Traffic Police in the process of investigating traffic accidents that result in fatalities. The approach method used in this study is sociological juridical. The specifications of this study are descriptive analytical. The data sources used are primary data and secondary data. Primary data is data obtained directly from the field or from the first source and has not been processed by other parties. While secondary data is obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the research and discussion, it can be concluded: (1) In Article 229 of Law Number 22 of 2009 concerning Traffic and Road Transportation, traffic accidents are classified into three, namely minor traffic accidents, which are accidents that result in damage to vehicles and/or goods; moderate traffic accidents, which are accidents that result in minor injuries and damage to vehicles and/or goods; serious traffic accidents, which are accidents that result in victims dying or being seriously injured. (2) The Traffic Police Scheme in investigating traffic accidents that result in victims dying is to process reports/information; visit the Scene of the Crime; request for a Visum et Repertum and evidence in the case of accident victims who die or to take them to the hospital to carry out a Visum et Repertum or treatment by the Traffic Police with the support of operational Ambulance vehicles to speed up the evacuation process. (3) In the investigation process of the accident case, there are obstacles faced by the Police Traffic Unit, these obstacles include weak evidence. Strong evidence can be in the form of eyewitness statements, CCTV recordings, photos or videos of the incident, medical records, or other documents that can prove the perpetrator's involvement in the accident. However, if the evidence produced is not strong enough or too little, the court may not be able to consider the case.
Effectiveness of Law Enforcement by Satreskrim Against Criminal Acts of Village Fund Corruption (Case Study at Rembang Police) Pratama, Reynold Mifta; 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.v20i2.46199

Abstract

Abstract. Corruption of village funds is a form of crime that is detrimental to state finances and hinders development at the village level. Law enforcement against this crime is the main responsibility of law enforcement officers, including the Criminal Investigation Unit (Satreskrim) in the Corruption Crime Unit (Tipikor). In the jurisdiction of the Rembang Police, the implementation of law enforcement by Satreskrim is an important focus considering several cases of misuse of village funds that have surfaced. This study aims to determine, examine, and analyze the effectiveness of law enforcement by Satreskrim against corruption of village funds at the Rembang Police, obstacles and solutions in law enforcement by Satreskrim against corruption of village funds at the Rembang Police and the concept of the effectiveness of law enforcement by Satreskrim against corruption of village funds 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 effectiveness of law enforcement by the Criminal Investigation Unit against criminal acts of village fund corruption at the Rembang Police in general, the implementation of law enforcement by the Criminal Investigation Unit is carried out with systematic guidelines referring to the Criminal Procedure Code (KUHAP) and internal regulations of the Republic of Indonesia Police. Obstacles and solutions in law enforcement by the Criminal Investigation Unit against criminal acts of village fund corruption at the Rembang Police are limited personnel and technical expertise, dependence on state loss audit reports, local social and political pressure, low legal awareness of village officials, minimal participation and courage of the community to report. These obstacles are faced with several solutions, namely by increasing the competence and number of corruption investigators, strengthening coordination with internal government supervisory officers, increasing legal protection for reporters and witnesses, increasing legal education for village governments, and strengthening the supervision system based on community participation. The concept of the effectiveness of law enforcement by the Criminal Investigation Unit against criminal acts of village fund corruption in the future is by prioritizing improvements to the legal system, modern technology, and strengthening the capacity of the Criminal Investigation Unit. By connecting the theory of legal effectiveness, it is hoped that law enforcement can be more targeted, efficient, and fair, which will ultimately create more equitable social justice for all Indonesian people, especially rural communities.
Legal Review of Children as Perpetrators of Criminal Acts of Sexual Intercourse Against Children (Case Study at Cirebon District Court) Sumiyati, Sumiyati; 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.v20i2.46229

Abstract

Abstract. The crime of sexual intercourse committed by a child against a victim of the same age is an extraordinary problem, one of which is seen in the problem of the criminal system for the perpetrator, on the one hand the perpetrator who is a child cannot be subject to criminal penalties like an adult perpetrator because of considerations of mental growth and considerations of the child's future. The type of this thesis research is a type of Normative legal research. Based on the results of the research conducted, it can be seen that the basis for the judge's considerations in deciding the case of a child as a perpetrator of a crime of sexual intercourse with a child in the Cirebon District Court consists of legal considerations used by the judge, namely, proof of the crime committed, whether the act has fulfilled the elements of rape referred to in Article 285 of the Criminal Code, and from all the statements of the witnesses and the explanation of the prosecutor's demands, it can be concluded that all elements of the crime of rape committed by the defendant have been proven. Meanwhile, sociologically in his decision, the judge considered the aggravating factors for the defendant, namely: The actions committed by the defendant were inhumane, because the defendant committed harassment and immoral acts against the victim who was still a minor, especially the defendant also threatened the victim, this caused the victim to be afraid and traumatized to the point that the victim did not want to go to school. Meanwhile, the mitigating factors for the defendant were: the defendant admitted all his actions, although at first the defendant denied it, the defendant also expressed regret for having committed his actions to the victim who was considered his own lover or girlfriend, and the most important thing in the judge's consideration was that the defendant was still classified as a child. Legal consequences of the Judge's Decision in the case of Children as Perpetrators of Sexual Intercourse Against Children at the Cirebon District Court, legally, perpetrators of sexual intercourse with children can also be subject to criminal sanctions as regulated in Article 81 of Law Number 35 of 2014 concerning Child Protection, children who commit sexual intercourse with children can also be subject to criminal sanctions as regulated in Article 285 of the Criminal Code.
Effectiveness of Restitution Implementation in Restoring the Rights of Child Victims of Sexual Violence in Semarang City Cahyowati, Yeti; 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.v20i2.46247

Abstract

Abstract. The issue of the vagueness of the restitution regulation for child victims of sexual violence has resulted in the violation of the rights and justice for child victims of sexual violence. This thesis aims toto know and analyze the effectiveness of the implementation of restitution for child victims of sexual violence in Semarang City at this time and to know and analyze the obstacles and solutions in the implementation of restitution for child victims of sexual violence in Semarang City at this time. The type of approach used is the sociological legal method where law in this study is conceptualized as ideas, culture, and views of society regarding legal regulations implemented in the social environment of society. Based on the research conducted, it is known that the implementation of protection and recovery of child victims of sexual violence has not been effective, this is indicated by the still minimal implementation of restitution for child victims of sexual violence which ultimately also hinders the implementation of rehabilitation for child victims of sexual violence. The obstacles that influence are the constraints of legal regulations that still do not explicitly and clearly contain the implementation of restitution, this culturally also hinders the system of implementing restitution for child victims of sexual violence. The solutions that can be done are Efforts in the Implementation of Counseling, Improving Facilities and Infrastructure in Efforts to Prevent and Eradicating Sexual Harassment Against Children, the Need for a Protection House for Child Victims of Sexual Harassment During the Legal Process, Providing Understanding to Victims Regarding Their Rights, and Need to regulate the amount of restitution for child victims of sexual violence.

Page 29 of 36 | Total Record : 351

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