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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 Criminal Law Enforcement on Safety in Sailing of Ships Negligent of Standard Operating Procedures in the Perspective of Shipping Law in Indonesia Dianti, Marizka Putri; 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.v20i2.46069

Abstract

Indonesia is an archipelagic country that has a dense flow in the maritime world with vital sectors that support logistics and economic flows. The high mobility of shipping in Indonesia requires compliance with established safety standards. However, in practice, negligence is still often found in the Standard Operating Procedure (SOP) for shipping safety. Many business actors and ship crews ignore these provisions, increasing the risk of maritime accidents and harming various parties. This condition shows the need for an in-depth study of efforts to enforce criminal law for violations of shipping SOPs. This study uses a juridical-sociological approach, namely combining normative legal studies with observations of social realities in the field. The approach that is the main basis is legislation, accompanied by references to relevant cases. The data used include primary and secondary data, collected through literature studies of laws and regulations, legal literature, and related investigative and investigative documents. The analysis technique used is descriptive-qualitative, in order to explain the relationship between legal norms and practices in their enforcement. The results of the study show that negligence towards shipping SOPs still often occurs, both in terms of technical operational aspects, miscommunication between related parties, and administrative negligence. This shows the still low quality of human resources (HR) in the shipping sector, minimal ongoing coaching, and less than optimal implementation of safety training. Criminal law enforcement is carried out through the involvement of authorized agencies, starting from the investigation and inquiry stages to the trial process. Therefore, there needs to be a systemic solution in the form of improving the quality of HR, strengthening regulations, and strict law enforcement to create an optimal shipping safety culture.
Analysis of Criminal Sentences Against Perpetrators of Criminal Acts of Theft with Aggravating Criminal Case Study Decision Number: 208/Pid.B/2024/PN Jap Alfarizi Lubis, Muhammad Fathur; 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.v20i2.46112

Abstract

The crime of theft is one form of crime that often occurs in society and has a significant impact, both for victims and perpetrators. In the context of law, theft is not only seen from the aspect of its criminality, but also from the broader perspective of justice. In Indonesia, Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia states that "the State of Indonesia is a state of law", which means that all actions, including law enforcement against criminal acts, must be based on law and uphold the principle of justice. In addition, Pancasila as the foundation of the state is an important foundation in assessing and analyzing various legal actions, including the crime of theft. The approach method used in this study is the normative legal approach. The normative legal approach is a legal research conducted by examining library materials or secondary data as basic materials for research by conducting a search for regulations and literature related to the problems being studied. 1. The application of legal sanctions against perpetrators of the crime of theft in Decision Number 208/Pid.B/2024/PN Jap has fulfilled the elements of Article 363 paragraph (1) 3 of the Criminal Code normatively, namely theft committed at night in a house or closed yard. The court sentenced the defendant to two years in prison, which legally complies with the provisions of applicable positive criminal law. 2. The judge's considerations in making a verdict are still oriented towards legal-formal justice, without explicitly considering the social, economic, or background aspects of the defendant. This shows that the judge's considerations do not yet reflect the values of substantive justice upheld by Pancasila, especially the second principle "Just and civilized humanity" and the fifth principle "Social justice for all Indonesian people". 3. The punishment of perpetrators of aggravated theft should be based on Pancasila justice, namely by considering the humanitarian aspect, the balance between victim protection and perpetrator rehabilitation, and an orientation towards social development. An approach that only emphasizes the deterrent effect through imprisonment is not enough to realize holistic social justice.
Analysis of Judges' Considerations in Inheritance Rights Disputes with Fictitious Death Claims and the Psychological Competence of the Parties (Study of Decision Number: 457/Pdt.G/2020/PA.Plk) Ali, Nuraliah; 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.v20i2.46176

Abstract

Decision Number 457/Pdt.G/2020/PA.Plk decided by the Palangka Raya Religious Court presents the complexity of inheritance disputes that include two main issues, namely the claim of fictitious death against one of the heirs and the alleged legal incapacity due to a history of mental disorders. This dispute shows the challenges in assessing the validity of the legal status of the heirs and its implications for the right to inheritance. This study aims to analyze the judge's considerations in resolving the dispute and evaluate its compliance with the principles of justice, legal certainty, and Islamic legal norms. The method used is a normative legal approach with content analysis techniques on primary legal materials in the form of court decisions, the Compilation of Islamic Law (KHI), and the Civil Code (KUHPerdata), as well as relevant secondary and tertiary legal materials. Data collection techniques are carried out through document studies of regulations, academic literature, and court decision documents. The results of the study show that the panel of judges rejected the claim of fictitious death on legal grounds, namely that it was not supported by formal evidence such as a death certificate or court decision, in accordance with the provisions of Article 44 of the Civil Code and Article 171 of the Compilation of Islamic Law. The plaintiff's physical presence at the trial and a valid official identity confirmed his legal status as a living party and entitled to inheritance. The claim regarding mental disorders was declared baseless because there was no determination of guardianship based on Article 433 of the Civil Code, and the 2014 medical history was not relevant to assess the plaintiff's legal condition at the time the dispute took place in 2020. During the trial process, the plaintiff was also considered to have demonstrated behavior that reflected legal competence. In his verdict, the judge decided on the distribution of the inheritance based on the principles of Islamic inheritance law, namely that the sons receive a share of 2/8, the daughters each 1/8, and the remainder is distributed to other heirs according to their lineage. The inheritance was ordered to be auctioned, and the proceeds distributed according to the provisions as a form of implementing the principle of justice and protection of the civil rights of all heirs.In general, the judge's considerations in this decision have reflected the principle of justice in Islam, upholding legal certainty through the application of valid evidence, and being consistent with the values of Islamic law in providing legal protection for inheritance rights and the integrity of the judicial process.
The Role of the Republic of Indonesia National Police in the Implementation of Restorative Justice in Handling Traffic Accidents (Case Study at Tanjung Pinang Police) Revi, Rendi Ariza; 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.v20i2.46193

Abstract

Abstract. This research discusses the role of the Indonesian National Police in implementing restorative justice in handling traffic accident cases, focusing on the Tanjungpinang City Police as a case study. Data collection combines library research and field research, focusing on secondary legal materials and primary data from practitioners. The study regularly examines the legal framework, the role of the police as facilitators in mediation, and the practical challenges encountered in the field. The findings reveal that the police play a central role as facilitators in the mediation process between offenders, victims, and their families to achieve amicable settlements outside the formal criminal justice process. The implementation of restorative justice at the Tanjungpinang City Police is guided by Indonesian National Police Regulation Number 8 of 2021 and is primarily applied to cases involving minor injuries or material losses. However, in cases resulting in fatalities, settlements are rare as families tend to demand formal legal proceedings. The main obstacles include the limited economic capacity of offenders to fulfill compensation demands, protracted negotiations, and a lack of public understanding of restorative justice. Proposed solutions involve developing more comprehensive regulations, public education, specialized training for investigators, and facilitating compensation through social institutions or third parties. The study recommends enhanced collaboration among the police, government, and society to achieve balanced justice and restore social relations in traffic accident cases.
Legal Problems Regarding State Financial Losses Due to Corruption in State-Owned Enterprises (Research Study at the Bogor Regency District Attorney's Office) Chaniago, Rizky; 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.v20i2.46210

Abstract

Abstract. The element of corruption in BUMN Persero is state losses. Based on the definition of state finances contained in Article 2 letter g of Law No. 17 of 2003 concerning State Finances. However, this provision differs in the substance of the BUMN Law which states that BUMN Persero is a private legal entity that has its own independence. There is an overlap of several rules which on the one hand state that the money has been transferred to the BUMN's own finances and on the one hand state that the money is absolutely state finances. The aim of this research is to find out and analyze (1) the existence of BUMN in the Indonesian state administration system from a state financial perspective, (2) the pattern of law enforcement for criminal acts of corruption in BUMN which cause losses to state finances, (3) the solution concept in overcoming legal problems regarding the element of state losses due to criminal acts of corruption in BUMN. The aproach 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. Based on the  of the research and discussion, it can be concluded: (1) In relation to the management of state finances separated in BUMN, the Law on State Finances confirms that state assets separated in BUMN are legally normatively included in state finances as regulated in Article 2 letter g which states that state assets/regional assets managed independently or by other parties in the form of money, securities, receivables, goods, and other rights that can be valued in money, including assets separated in state companies/regional companies; (2) If legally normatively in describing the pattern of law enforcement against corruption in BUMN without considering the problematic ambiguity of the latest BUMN Law with the Corruption Law, the patterns revealed by the Prosecutor in law enforcement against corruption in BUMN include proof in calculating state financial losses; (3) There is a major indication of the creation of hidden resistance for BUMN officials if legal provisions are not accompanied by strict accountability tools. This concern is justified considering that not all business policy-making is within the framework of public interest; There are times when a wrong business decision can be disguised as a strategic policy when in fact there is a conflict of interest involved.
The Role of the Police in Providing Legal Protection for Child Victims of Indecent Acts (Case Study of Natuna Regency) Sinambela, Stheven Nerea; 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.v20i2.46221

Abstract

Abstract. Protection of the life and livelihood of children is still the responsibility of various parties, namely both parents, their families, society, and also the state. This protection can be in the form of clothing, food, and shelter. Not only that, the protection given to a child can also be in the form of protection against the psychological or mental condition of the child, especially their mental development. This means that the child can develop and live normally, not only in terms of physical development but also in terms of mental or psychological development. Furthermore, protection against the form of protection is legal protection against victims of criminal acts, which can be interpreted as protection to obtain legal guarantees for the suffering or loss of the party who has become a victim of a criminal act. Philosophically, children are the future of the nation, and as the next generation of the struggle, a child who has problems means becoming a problem for the nation, therefore the best interests of the child are the interests that must be prioritized in dealing with children who have problems or who are in conflict with the law. Children must be protected so that they do not become victims of anyone's actions (individuals or groups, private or government organizations) either directly or indirectly. Victims are those who suffer losses (mental, physical, social), due to passive actions, or active actions of other people or groups (private or government), either directly or indirectly. The crime of indecent assault is not only regulated in the Criminal Code but also regulated in Law No. 23 of 2002 concerning Child Protection. The Criminal Code states that indecent assault is contained in Article 289 of the Criminal Code which states that: "Anyone who by violence or with the threat of violence forces someone to do or allow an act to be done to him shall be punished for his wrongdoing in committing an act violating decency with a maximum imprisonment of nine years.
Legal Protection for Victims of Criminal Acts of Theft with Aggravation Based on Pancasila Justice (Case Study of Decision Number 160/Pid.B/2024/PN Sda) Videawati, Videawati; 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.v20i2.46242

Abstract

Abstract. This study aims to analyze the legal protection afforded to victims of the criminal act of aggravated theft from the perspective of Pancasila justice, using Case Decision Number 160/Pid.B/2024/PN Sda as the focal point. The research addresses two main questions, how is legal protection for victims of aggravated theft conceptualized within the framework of Pancasila justice? and what are the obstacles and potential solutions in implementing such protection. The research adopts a normative juridical approach by examining statutory regulations, legal doctrines, and relevant court decisions as primary and secondary legal sources. The values of Pancasila particularly the second and fifth principles serve as the philosophical foundation to assess the extent to which the current criminal justice system reflects substantive justice for victims. The findings indicate that the legal protection provided to victims of aggravated theft remains largely formalistic and does not fully embody the substantive justice envisioned by Pancasila. Victims are often treated merely as complainants or witnesses, rather than as parties entitled to the restoration of their rights. Challenges identified include limited regulatory frameworks addressing victims' rights comprehensively, the lack of justice-oriented perspectives in judicial processes, and minimal implementation of restorative justice measures.
Effectiveness of Immigration Law Enforcement in the Review of the Implementation of Immigration Administrative Actions and Criminal Procedure (Case Study: Class I Special Immigration Office TPI Semarang) Machmudi, Machmudi; Arifullah, Achmad
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.v20i2.46045

Abstract

The purpose of this research is to examine and analyze the effectiveness of immigration law enforcement in the implementation of administrative and penal measures against immigration violations at the Class I Special Immigration Office TPI Semarang; as well as to identify the inhibiting factors affecting the effectiveness of immigration law enforcement, both in terms of administrative and penal aspects, and to propose possible solutions. This research employs an empirical juridical approach, combining the study of legal literature (secondary data) and primary data obtained through direct interviews with immigration officials. The research is descriptive-analytical in nature, as it seeks to describe the implementation and obstacles of immigration law enforcement, which are then analyzed juridically and concluded. The results of the research show that the implementation of administrative immigration actions at the Class I Special Immigration Office TPI Semarang has been effective, as evidenced by the consistent enforcement of deportation, deterrence, revocation of stay permits, and administrative fines in a timely and appropriate manner. Penal enforcement for serious violations has also been carried out up to the prosecution stage in court, as in the case of a Nigerian national who misused a visit visa for illegal trade activities. However, the effectiveness of immigration law enforcement is still hampered by several factors, including limited detention facilities, a shortage of competent human resources, budget constraints, weak inter-agency coordination, and low legal awareness among the public. These challenges affect the achievement of both legal effectiveness and legal certainty in the enforcement of immigration law. Therefore, strengthening institutional capacity, enhancing officer competence, providing adequate supporting facilities, and optimizing inter-agency coordination are required as solutions to improve effectiveness and ensure legal certainty in immigration law enforcement.
Law Enforcement Against Obstruction Of Justice In Eradicating Criminal Acts Of Corruption in Indonesia Yamin, Muhamad; Bawono, Bambang Tri
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46094

Abstract

Indonesia is a country based on law that is not based on mere power. The terminology of the rule of law used by Indonesia is neither rechtsstaat nor rule of law, because the two terms contain meanings that are not identical to the characteristics of Indonesia where rechtsstaat contains the meaning of a country that has a purely continental legal system, while in judicial practice it adopts dissenting opinion decisions. This research is a normative legal research that starts from a legal issue. According to its characteristics, legal issues are very different from social issues as phenomena of social research objects, so that the approaches used are also unique. Legal research is not social science research and legal research does not recognize data. The positive legal regulations in Indonesia regarding the Criminal Act of Obstructing the legal process or what is known as Obstriction of Justice are divided into two, namely: Regulations regulated in general criminal law as regulated in the Criminal Code (KUHP), and Regulations regulated in Special Criminal Law, such as the Corruption Crime Law. The crime of obstructing the judicial process or what is known as Obstruction of Justice as regulated in Article 21 of Law Number 31 of 1999 concerning the Eradication of Corruption as amended by Law Number 20 of 2001 can be qualified as a formal crime (formeel delict), meaning that it does not require that the act has indeed resulted in a legal process being obstructed/hampered by the perpetrator's actions. but only requires the existence of the perpetrator's intent or intention to obstruct the legal process.
Reconstruction of the Implementation of Child Rights Protection Regulations Post-Divorce in Law Enforcement Practices in Religious Courts Yudawati, Nila; 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.v20i2.46171

Abstract

This research is motivated by the implementation of post-divorce child protection regulations in law enforcement practices in Religious Courts which have not been effective. This can be seen in a number of divorce case decisions in Religious Courts, especially those decided without the presence of the parties (verstek or in absentia), have not guaranteed the fulfillment of children's rights compared to granting the main case of the divorce suit itself. While child protection is part of the implementation of Human Rights and is a mandate of the 1945 Constitution of the Republic of Indonesia Article 27 paragraph (1) and Article 28B paragraph (2), in the implementation of post-divorce child protection regulations until now there are still various problems that arise both in terms of Human Resources, legal umbrella, facilities and infrastructure and the active role of society and government. In terms of Human Resources related to the activeness of judges in making decisions related to children's rights, in terms of the legal umbrella, existing child protection regulations also still need to be revised because there are still things that need to be regulated, in terms of facilities and infrastructure, it is also necessary to improve the database and compatible IT-based applications, and in terms of socio-cultural, the role of society and government in implementing post-divorce child rights protection is still weak. This research is qualitative, using descriptive methods and supported by a juridical-normative and juridical-sociological approach. Data collection sources and techniques are obtained from primary and secondary data sources related to the research object. Data analysis techniques use a deductive approach until research conclusions are formulated. The results of this study indicate that the implementation of regulations on the protection of children's rights after divorce in law enforcement practices in Religious Courts has not been fully implemented even though there are various positive laws that regulate it, there are various obstacles and require concrete solutions to problems that hinder the implementation of these children's rights. The main obstacle to the implementation of regulations on the protection of children's rights in Religious Courts is the lack of breakthroughs by judges in making new legal discoveries and also harmonization of protection regulations related to the protection of children's rights. While the solution is to harmonize the regulations that serve as the legal umbrella for the protection of children's rights after divorce and change the judge's paradigm regarding the provision of decisions that favor children's rights after divorce to enforce the implementation of children's rights after divorce in Religious Courts, reconstruction is needed. carried out by way of legal reform through three ways, namely: constitutional approach; structural approach; and cultural approach. In addition, government and non-government institutions also play an active role in providing protection for children's rights in Indonesia.

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