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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 Responsibility of Perpetrators of The Criminal Act of Aggravated Theft (Study of Decision No. 47/Pid.B/2022/Pn Lbo) Benyamin Ginano, Raihan Gautama; Gunarto, Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48090

Abstract

This study aims to analyze the legal aspects of aggravated theft in the context of social justice, focusing on Case Number 47/Pid.B/2022/PN Lbo. It examines the application of criminal sanctions against the perpetrator and considers the judge's perspective in delivering the verdict. The research addresses two main questions: first, how are criminal sanctions applied in this case, and second, how do the judge's considerations reflect the values of social justice. Employing a descriptive analytical method, this study explores the legal dimensions of aggravated theft within the specified case. The findings underscore the importance of a social justice-based approach in law enforcement, which emphasizes not only punishment but also rehabilitation and crime prevention, in order to create a more equitable and effective justice system.
Analysis of Termination of Prosecution in Drug Abuse Cases Based on Restorative Justice Made Suarja Teja Buana, Anak Agung; Winjaya Laksana, Andri
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48208

Abstract

Imprisonment of narcotics and dangerous drug users has proven ineffective. This is a common thread in law enforcement against narcotics users. The purpose of this study is to examine and analyze the implementation of the termination of prosecution for narcotics abuse cases based on restorative justice, examine and analyze weaknesses in the termination of prosecution for narcotics abuse cases based on restorative justice. This legal research uses an empirical juridical legal research approach. The implementation of the termination of prosecution for narcotics abuse cases in Indonesia is still based on Law No. 35 of 2009, specifically Article 127 paragraph (1), which positions users as criminal perpetrators, thus causing overcrowding in prisons and social stigma. To address this, the Attorney General's Office issued Attorney General's Guidelines No. 18 of 2021 which opened the opportunity for termination of prosecution with a rehabilitation mechanism, although previously Regulation No. 15 of 2020 excluded narcotics cases. Real implementation is evident in the Eros Prastiyo case at the Sidoarjo District Attorney's Office, which demonstrates the restorative justice process, from pre-prosecution and BNN assessment to rehabilitation. This approach emphasizes punishment as the ultimum remedium and positions users as victims in need of recovery. However, its implementation still faces substantive weaknesses, such as articles that emphasize imprisonment over rehabilitation. Furthermore, structural weaknesses are evident in inter-institutional coordination, limited rehabilitation facilities, and weak oversight. Weaknesses in the legal culture, such as societal stigma and a repressive paradigm by officials, remain dominant. Therefore, reforms in the substance, structure, and culture of the law are needed to create a more humane and just system.
Analysis of Criminal Punishment of Perpetrators of The Criminal Act of Theft with Aggrevaction from The Perspective of Legal Certainty (Study of Decision Number 126/Pid.B/2024/PN Pml) Marpaung, Marzuki Joshua; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48080

Abstract

This study aims to analyze the legal aspects of the crime of aggravated theft in the context of social justice, focusing on Case Number 47/Pid.B/2022/PN Lbo. This study examines the application of criminal sanctions to the perpetrator and considers the judge's perspective in issuing the verdict. The research problem formulation covers two main aspects: first, how criminal sanctions are applied in this case, and second, how the judge's considerations reflect the values of social justice. This study uses a descriptive analysis method to explore the legal aspects of the crime of aggravated theft, focusing on Case Number 47/Pid.B/2022/PN Lbo. The research findings demonstrate the importance of a social justice-based approach to law enforcement, which focuses not only on punishment, but also on rehabilitation and crime prevention, to create a fairer and more effective justice system.
A Comparative Study of the Regulation of Liability for Criminal Acts of Child Bullying Perpetrators Causing the Victim's Death According to Islamic Criminal Law and Positive Criminal Law in Indonesia Rahmatika. HB, Ghina; Rinda Listyawati, Peni
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48149

Abstract

Bullying is a form of violence that causes serious physical and psychological effects and has become a global problem, including in Indonesia. Although often considered trivial, bullying often has traumatic effects and can even cause the death of victims, as in the case in South Kalimantan. The contributing factors include economic differences, gender, seniority, and the perpetrator's desire for social influence. Legally, child perpetrators receive special treatment under the Child Protection Act and the Child Criminal Justice System Act (UU SPPA), which emphasizes restorative justice and diversion. However, in cases resulting in death, there is a dilemma between the need for justice for the victim and protection for the perpetrator, who is still a child. In Islamic criminal law, bullying is classified as a crime and may be subject to qisas punishment if it causes death, or ta'zir if it causes injury or psychological trauma. However, children who have not reached puberty are not subject to qisas punishment, but rather rehabilitation, and responsibility can be transferred to a guardian. The objectives of this study are: 1) to determine how the criminal responsibility of child perpetrators of bullying that results in the death of the victim is regulated under Islamic criminal law; 2) To determine how the criminal responsibility of children who commit bullying that results in the death of the victim is regulated in the perspective of positive criminal law in Indonesia, 3) To determine the similarities and differences regarding the regulation of criminal responsibility for children who commit bullying that results in the death of the victim between Islamic criminal law and positive criminal law in Indonesia. The research method used in this study is normative legal research, with a descriptive-comparative research specification. The data collection method used is library research, while the data analysis method used in this study is descriptive analysis. The research results show that the criminal liability of children who commit bullying that results in the death of the victim according to Islamic law is that children who have not reached puberty are not subject to severe criminal punishment but may be subject to ta'zir sanctions to educate and prevent repetition of the act. Liability is also transferred civilly to the child's guardian in the form of diyat payment to the victim's family. According to positive criminal law in Indonesia, actions by children that result in the victim's death are still being processed legally, but with a proportional and educational approach. There are fundamental similarities and differences. Both agree that children cannot be treated like adults and prioritize the protection, education, and guidance of children through a restorative and educational approach. However, there are similarities and differences. Both agree that children cannot be treated like adults and prioritize the protection, education, and guidance of children through a restorative and educational approach. However, there are differences in the age of criminal responsibility, types of punishment, case handling systems, and legal sources. Islamic law emphasizes maturity based on puberty and recognises diyat as a form of accountability, while positive law uses an age limit of 12–18 years and does not recognize diyat, but rather criminal penalties or corrective measures.
"Legal Implications of Limiting Restorative Justice in Traffic Accidents Resulting in Death According to Article 235 of Law Number 22 of 2009 Concerning Road Traffic and Transportation" Sukma W, Gesit
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48037

Abstract

Law Number 22 of 2009 concerning Road Traffic and Transportation (UU LLAJ), particularly Article 235, explicitly stipulates that traffic accidents resulting in death cannot be resolved through a restorative justice mechanism. This provision creates a juridical dilemma, especially when contrasted with the growing paradigm of restorative justice increasingly accommodated in the Indonesian criminal justice system, such as in the Regulation of the Chief of the Indonesian National Police Number 8 of 2021 on the Handling of Criminal Acts Based on Restorative Justice. This study aims to examine the juridical implications of such restrictions and assess their conformity with the principles of substantive justice, legal certainty, and the protection of the rights of both victims and offenders. The research method employed is normative legal research using a statute approach and a conceptual approach, complemented by empirical study through interviews with law enforcement officials and related stakeholders. The findings indicate that the prohibition of restorative justice in traffic accident cases resulting in death creates tension between legal certainty and the sense of justice within society, particularly when reconciliation occurs between the victim’s family and the offender. Although intended to uphold formal justice and provide victim protection, the restriction may in practice hinder case resolution that is more oriented toward substantive justice, humanity, and the restoration of social relations. Therefore, regulatory evaluation and harmonization are required to achieve a balance between legal certainty and the implementation of restorative justice in fatal traffic accident cases.
Legal Responsibility for Corruption Policies in Digital-Based Local Government Goods and Services Procurement Mechanisms Ramadhani, Syifa Utari; Bawono, Bambang Tri
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48092

Abstract

Policy corruption in digital-based local government procurement mechanisms is a serious threat to the integrity of governance and national development. This phenomenon specifically occurs when public regulations or policies, such as overly specific technical requirements or qualification criteria that deviate from fair procurement principles, are manipulated to benefit certain goods/services providers who have close ties with policy makers. This manipulation exploits gaps in digital systems that should be designed to increase transparency and accountability, for example by deliberately creating ambiguity in electronic auction specifications or limiting access to digital platforms for other potential providers. Therefore, the author raises the title "Legal Responsibility for Policy Corruption in Digital-Based Local Government Procurement Mechanisms". The research method uses a normative juridical approach, namely by examining primary, secondary and tertiary materials, primary legal materials consist of the 1945 Constitution, Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods/Services and various official documents containing law, then examining secondary legal materials in the form of books, journals, articles, research reports and so on. This research uses 2 approach models, namely carried out with a Statute approach and a conceptual approach. The analysis method of this qualitative juridical research is an analysis method used to describe data comprehensively and qualitatively in the form of sentences that are coherent, orderly, logical, and effective to facilitate data interpretation and understanding of the results of the analysis, the analytical tools used in this study use the theory of legal responsibility and the theory of legal certainty The digital-based procurement mechanism for regional government goods and services is regulated by Presidential Regulation No. 12 of 2021 concerning Amendments to Presidential Regulation No. 16 of 2018 concerning Government Procurement of Goods/Services, supported by the LKPP Regulation as a technical guideline. Legal liability for corruption in digital-based regional government goods and services procurement policies, with criminal liability regulated by the Corruption Law, civil liability can be filed, and administrative sanctions are imposed in the form of a National Blacklist sanction by the LKPP.
The Authority of the Mayor of Batam Ex Officio of the Batam Business Agency Over the Management of the Special Economic Zone Trakta, M. Hendri; Tri Bawono, Bambang
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48210

Abstract

This study aims to determine and analyze the regulation of Batam City as a Special Economic Zone and the authority of the Mayor of Batam ex officio of the Batam Business Agency over the management of the Special Economic Zone. This study uses a normative juridical approach method, analytical descriptive research specifications. The data used are primary data and secondary data. Data collection methods include literature studies, and data analysis methods are qualitative. The regulation of Batam City as a Special Economic Zone is generally regulated in Law Number 39 of 2009 concerning Special Economic Zones, which are further regulated in Government Regulations. Special Economic Zones in the Batam City area consist of Nongsa Digital Park, Batam Aero Technic, Special Economic Zones and Batam International Health. The authority of the Mayor of Batam ex officio of the Batam Business Agency over the management of the Special Economic Zone within the framework of regional autonomy in Batam City is that BP Batam is given the authority to grant permits for 16 licensing sectors. With the inclusion of the Deputy Mayor in the ex-officio framework, it is expected that the management of the Batam Special Economic Zone will be more effective and efficient.
Criminal Responsibility for Criminal Acts of Misuse of Transportation and Trade of Subsidized Fuel Oil (Study of Decision Number 434/Pid.B/Lh/2022/Pn.Mgl) Hasiholan Sinaga, Rivaldo Grifier; Suwondo, Denny
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48082

Abstract

Natural resources are anything that comes from nature that can be used to meet human needs. Indonesia's agricultural products are used for the welfare and prosperity of the people for the development of national development in Indonesia. However, in reality there are still many people who abuse the transportation and trade of subsidized diesel fuel. The criminal act of misuse of the transportation and trade of subsidized diesel fuel is regulated in the provisions of Article 55 of Law Number 22 of 2001 concerning Oil and Natural Gas, the act of transporting, storing distribution, stockpiling and selling Fuel Oil (BBM). Therefore, this research aims to know criminal responsibility of perpetrators of criminal acts of illegal transportation and trading of subsidized fuel, and then to know to apply criminal sanctions to perpetrators of criminal acts of illegal transportation and trading of subsidized fuel in the judge's decision. The approach method used in this research is a sociological juridical approach. The research specifications used are descriptive analysis, primary and secondary data sources and using qualitative analysis. This writing analyzes the problems analyzed using the theory of responsibility and the theory of legal certainty. Based on the research results, the responsibility of perpetrators of criminal acts of illegal transportation and trading of subsidized fuel is to be held accountable for their actions which violate Indonesian criminal law or can be called criminal acts. Criminal responsibility needs to fulfill at least 3 (three) elements formulated by law and there is a criminal threat for the action. Thus, according to this act, it violates Article 40, 9, Paragraph 5, Part Four, Chapter 3 of Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation which amends Article 55 of Law of the Republic of Indonesia Number 22 of 2001 concerning Oil and Natural Gas jo. Article 55 paragraphs (1) 1 of the Criminal Code and Law Number 8 of 1981 concerning Criminal Procedure Law and other relevant laws and regulations. The application of criminal sanctions to perpetrators of the crime of illegally transporting and trading in subsidized fuel is an act of intentionally misusing the transport and/or trade in government-subsidized oil, gas and/or liquefied petroleum gas, which is a criminal offence.
Comparation of Sexual Violence Crimes Based on Law Number 12 of 2022 by Law Number 1 Of 2023" Melkianus Radja, Frengki; Winjaya Laksana, Andri
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48150

Abstract

Sexual violence crimes constitute a violation of human rights that require comprehensive legal protection. In Indonesia, the regulation regarding sexual violence has undergone significant development with the enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS) and the promulgation of Law Number 1 of 2023 on the Criminal Code (KUHP 2023). These two laws serve as the legal basis for addressing sexual violence, each having different approaches, scopes, and substantive provisions. This study aims to analyze and compare the regulation of sexual violence crimes between the TPKS Law and the 2023 Criminal Code, focusing on the elements of the offense, recognized forms of sexual violence, and towards approaches to victims. The research employs a normative juridical method with a statutory and conceptual approach. Data were collected through literature review and analyzed qualitatively. The results indicate that the TPKS Law functions as a lex specialis, providing broader protection and being more victim-centered, covering a wider variety of sexual violence forms. Meanwhile, the 2023 Criminal Code regulates sexual violence within a more limited scope but incorporates several provisions from the TPKS Law as part of national criminal law harmonization. Although there are some overlapping norms, both laws can complement each other if implemented properly. This study recommends the importance of synchronization and harmonization between the TPKS Law and the 2023 Criminal Code to optimize legal protection for sexual violence victims within Indonesia's criminal justice system.
Law Enforcement of Corruption Crimes in the Buru District Attorney's Office with Legal Certainty (Case Study: Decision No. 40/Pid.Sus-Tpk/2022/Pn.Amb) Winanda, Gustian; Hafidz, Jawade
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48142

Abstract

In enforcing corruption laws, the Prosecutor's Office has dual authority: conducting investigations, prosecuting, and enforcing criminal decisions. In practice, several obstacles remain, including difficulties in implementing decisions regarding payment of fines and restitution of state losses. This study aims to examine and analyze the enforcement of corruption laws at the Buru District Prosecutor's Office, the judge's considerations in Decision No. 40/Pid.Sus-Tk/2022/PN.Amb, and future corruption law enforcement in Indonesia. This research uses a sociological juridical approach, with descriptive analytical research specifications. The data used are primary and secondary data. Data collection methods include field studies and literature reviews, and data analysis methods are qualitative. The theories used in this research are the theory of justice, the theory of legal systems and the theory of legal certainty. Based on the research results it can be concluded that the law enforcement of corruption crimes at the Buru District Attorney's Office, particularly in decision Number 40/Pid.Sus-Tk/2022/PN.Amb, has complied with statutory regulations, both in investigations, indictments, prosecutions, and the implementation of judges' decisions. The judge's considerations in decision Number. 40/Pid.Sus-Tk/2022/PN.Amb are appropriate, namely by considering the fulfillment of the elements of the indictment, considering the level of guilt of the defendant, considering the category of state losses caused by the defendant's actions, considering the impact of the defendant's actions, and the benefits obtained by the defendant. In addition, the judge also considered the category of state losses based on the Sentencing Range Matrix of Supreme Court Regulation Number 1 of 2020. Through appropriate considerations, a fair decision was produced. Law enforcement of corruption crimes in Indonesia in the future by the prosecutor's office is to carry out investigations, prosecutions and implement judges' decisions in accordance with the authority regulated in the law. In the future, demands should always include additional penalties in the form of compensation for state losses, realizing criminal penalties for paying fines and compensation for state losses by making maximum efforts by collecting, confiscating assets and auctioning in accordance with statutory provisions and not implementing subsidiary penalties in the form of fines and compensation for convicts.

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