cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Andri Laksana Winjaya
Contact Email
journalkhairaummah@gmail.com
Phone
-
Journal Mail Official
journalkhairaummah@gmail.com
Editorial Address
Jalan raya kaligawe Km.4 Terboyo Kulon, Genuk, Semarang, 50112
Location
Kota semarang,
Jawa tengah
INDONESIA
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
 30   31   32   33   34 
Legal Analysis of The Criminal Responsibility of Children in The Criminal Act of Insulting Children to Commit Sexual Interculation (Study of Decision Number 1/Pid.Sus.Anak/2025/Pn Bjm) Akbar, Robby; 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.v20i3.48094

Abstract

This research aims to analyze the criminal responsibility of children in the crime of inducing a child to engage in sexual intercourse, using the case study of Decision Number 1/Pid.Sus.Anak/2025/PN Bjm. The research focus includes the application of criminal liability principles to children, the legal factors influencing children's criminal liability, special legal treatment and protection, as well as efforts to reform laws and policies on children's criminal law enforcement to make it more effective in the future. The research method uses a juridical-normative approach, with analysis of court decision documents, relevant legislation, and legal literature. The research results indicate that the application of the principles of criminal responsibility for children prioritizes guidance and rehabilitation, not solely retributive punishment. Legal factors such as the age of criminal responsibility, the ability to be held accountable, the element of fault, and the causal relationship are the main considerations in determining a child's accountability. Additionally, diversion mechanisms, legal protection, and psychological support are important instruments for ensuring children's rights are protected. This research also highlights the need for legal and policy updates, including improving diversion mechanisms, integrating restorative justice principles, using information technology for monitoring rehabilitation programs, and adopting best practices from other countries that are effective in reducing child recidivism. In conclusion, the application of the principles of juvenile criminal responsibility in Indonesia has already integrated theories of criminal responsibility, rehabilitation, and restorative justice, but legal and policy reforms are still needed to improve effectiveness, fairness, and protection for both child offenders and victims.
The Role of Advocates in Providing Legal Assistance to Criminals Who Assist in Carrying Out Child Sexual Exploitation Anbiya Hidayatullah, Sakti; 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.v20i3.48213

Abstract

This study aims to examine and analyze the role of advocates in providing legal assistance to perpetrators of crimes that help carry out sexual exploitation of children, obstacles and solutions. This study uses a sociological juridical approach method, analytical descriptive research specifications. The data used are primary data and secondary data. Data collection methods include field studies and literature studies, and the data analysis method is qualitative. The theories used in this study are the theory of the legal system, and the theory of authority. The role of advocates in providing legal assistance to perpetrators of crimes that help carry out sexual exploitation of children is in line with applicable laws and regulations, namely the Advocates Law, the Criminal Procedure Code, and other relevant legal regulations. Obstacles faced by advocates in providing legal assistance to perpetrators of crimes that help carry out sexual exploitation of children are difficulties in communication/negotiation with law enforcement officers, the legal system not running well, difficulties in communicating with children when the client is a child.
Legal Review of The Implications of The Principle of Dominus Litis for Prosecutors with Restorative Justice Efforts in Criminal Justice Processes (Research Study at The West Halmahera District Attorney's Office) Soeroso, Raka Aprizki; 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.v20i3.48084

Abstract

Currently, the legal system in Indonesia is experiencing development. This development emphasizes the orientation of criminal case resolution which was initially based on the retributive paradigm that provides retribution for crimes committed by the perpetrator towards a new approach model, namely "Restorative Justice". In order to adapt to existing developments and achieve legal and national goals, the Prosecutor has issued a legal product regarding restorative justice in handling criminal cases at the prosecution stage (the authority of the Prosecutor as Dominus Litis). This study aims to determine and analyze (1) a philosophical legal review of the concept of restorative justice in the Indonesian criminal justice system, (2) the relationship between the principle of dominus litis of the prosecutor and restorative justice efforts in the criminal justice process, and (3) the problem of the function of dominus litis of the prosecutor in applying the concept of restorative justice in the criminal justice process. 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. The results of the research and discussion can be concluded: (1) Restorative justice philosophically has a foundation contained in the fourth and fifth principles of Pancasila, which have the essence of meaning towards the values of deliberation and justice. Pancasila as the ideology and outlook on life of the Indonesian nation is used as a guide for all activities in life in every field. (2) This new justice model is then formulated in the form of technical instructions that can be used as a reference in handling cases with a restorative justice approach. On July 21, 2020, the Indonesian Attorney General issued Regulation of the Attorney General of the Republic of Indonesia Number: 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. Restorative justice is one of the efforts that can be made by the Prosecutor's Office in functionalizing the principle of Dominus Litis. (3) The regulation regarding the principle of dominus litis through restorative justice in the Criminal Procedure Code (KUHAP) in Indonesia is still unclear. Restorative justice is a legal approach that emphasizes reconciliation between perpetrators, victims, and the community, and has not been regulated in detail in the current Criminal Procedure Code.
Law Enforcement Against the Criminal Acts of Murder in Jurisdiction Metro Jaya Regional Police Bagus Pambudi, Idham; 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.v20i3.48151

Abstract

The purpose of this research is to find out and analyze; 1) implementation of law enforcement against the crime of mugging in the jurisdiction of the Metro Jaya Regional Police; and 2) formulation of formal law enforcement against the crime of mugging in the jurisdiction of the Metro Jaya Regional Police. The approach method used is sociological juridical, meaning that the method or procedure used by the author is to go directly to the field to obtain updated primary data related to the research topic, namely data regarding law enforcement efforts against the crime of mugging in the jurisdiction of the Metro Jaya Regional Police. Sociological juridical research is conducted by examining the law in reality in society. The results of the study show that: 1) The police as law enforcers are obliged to be responsible for criminal acts committed by members of the mugging group in order to prevent and overcome criminal acts that occur in the jurisdiction they are responsible for through law enforcement. The efforts made by Polda Metro Jaya in enforcing the law on the crime of mugging in the jurisdiction of Polda Metro Jaya are through 2 (two) approaches, namely through preventive efforts and repressive efforts which result in legal sanctions or create a deterrent effect for groups of muggers who have committed crimes; 2) The formulation of law enforcement against the crime of mugging in the jurisdiction of Polda Metro Jaya involves preventive and repressive measures. Preventive efforts include; 1) increasing security by conducting routine patrols, raids, and special operations in areas prone to mugging, especially at night; 2) Counseling and socialization by providing counseling to the community about the dangers of mugging and how to avoid it, as well as increasing legal awareness; 3) Cooperation with the community by forming a voluntary security team, such as FKPM, Pokdar Kamtibmas, and involving community leaders, youth, and religious leaders in prevention efforts, and 4) Supervision and early detection by increasing supervision in areas prone to robbery and conducting early detection of potential criminal acts. Repressive efforts include: 1) Investigation and inquiry by conducting a quick and thorough investigation and inquiry into cases of robbery that occur, by collecting strong evidence; 2) Arrest, namely arresting the perpetrators of robbery based on sufficient evidence; 3) Prosecution, namely prosecuting the perpetrators in court in accordance with applicable legal provisions, and 4) Imposing sanctions, namely giving sanctions appropriate to the perpetrator's actions, including imprisonment and fines.
Legal Analysis Of The Application Of Article 363 Paragraph (1) 5 Of The Kuhp Towards The Criminal Act Of Aggravated Theft From The Perspective Of Islamic Law (Study of Decision Number 666/Pid.B/2025/PN Dps) Ayu Kartika Dewi, Kadek; 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.v20i3.48144

Abstract

The problem raised in this study originated from a case of aggravated theft recorded in the Denpasar District Court Decision Number 666/Pid.B/2025/PN Dps. This case involved a defendant named Ade Muhamad Wijaya, who was charged with violating the provisions of Article 363 paragraph (1) 5 of the Criminal Code (KUHP) regarding theft committed with aggravated elements. Research methods play a central role in legal scholarly work because they are the primary instrument for answering problem formulations systematically and purposefully. In legal research, a methodological approach must be able to connect legal norms and practices in the field, while also providing space for contextual and equitable legal interpretation. Therefore, the methods used in this research are designed to depict law not only as a normative text but also as a system of values that lives within society. This research uses a juridical-normative research method, namely legal research that emphasizes the study of written legal norms, such as statutory regulations, court decisions, and the doctrines of legal experts. Juridical-normative research focuses on law as a rule that should apply (das sollen), rather than as empirical social behavior (das sein). Application of Article 363 paragraph (1) 5 of the Criminal Code in Decision Number 666/Pid.B/2025/PN Dp: The Denpasar District Court, through Decision Number 666/Pid.B/2025/PN Dps, has correctly applied the provisions of Article 363 paragraph (1) 5 of the Criminal Code, because the defendant's actions fulfill the elements of aggravated theft. The aggravating element lies in the theft being committed under certain circumstances that have more serious consequences than ordinary theft.
Criminal Law Enforcement Model for the Crime of Killing Protected Elephants (Elephas Maximus) Saifuddin, Saifuddin; Hanim, Lathifah
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.v20i3.48095

Abstract

The purpose of this study is to analyze and explain the criminal law enforcement model for the crime of killing protected elephants (Elephas maximus) in Aceh Jaya, and the inhibiting factors and efforts to enforce criminal law against the crime of killing protected elephants (Elephas maximus) in Aceh Jaya. This study uses an empirical juridical research method with a qualitative approach. Based on the research that has been conducted, it can be concluded that the model of Criminal Law Enforcement for the Crime of Killing Protected Elephants (Elephas Maximus) in Aceh Jaya is using the Due Process Model. This is because the court has provided space for each defendant to present their defense before the trial as a form of protection of the human rights of the defendants and the judiciary also applies the principle of presumption of innocence. Factors that inhibit law enforcement, reviewed from Court Decision Number 51/Pid.B/LH/2021/PN Cag regarding the killing of protected elephants in Aceh Jaya, namely: a) Lack of personnel from the Natural Resources Conservation Agency (BKSDA); b) Lack of community participation. Criminal penalties against the perpetrators are considered insufficient to deter them. Other law enforcement alternatives include revoking permits for plantation activities, particularly those within conservation areas.
Dropshipping in Batam Bonded Area: Tax Consultants' Challenges in Preventing Value Added Tax Disputes Wismo Malaicanto, Totok Catur; Arpangi, Arpangi
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.v20i3.48085

Abstract

This research analyzes the complexity of Value Added Tax (VAT) implementation in dropshipping business practices within the Batam Bonded Zone, given the rapid growth of the digital economy and the nature of cross-jurisdictional transactions. This thesis aims to identify the f i scal compliance challenges faced by dropshipping actors and tax authorities, and to formulate policy recommendations that align with both positive legal frameworks and Sharia ethics. Using a juridical- normative approach enriched with empirical data through in-depth interviews, this study examines the inconsistencies of de minimis rules, the ambiguity in determining VAT' s point of incidence, and their implications for the principles of justice (adl) and legal certainty. The findings indicate that the current regulatory ambiguities create gharar (excessive uncertainty) which potentially reduces tax legitimacy in the eyes of Muslim taxpayers. Although specific mediation cases related to dropshipping VAT disputes in Bonded Zones are not widely documented, mediation is identified as a potential alternative dispute resolution mechanism that is more efficient and adaptive. This research concludes that regulatory harmonization between digital business dynamics and Sharia principles is highly necessary, and offers a comprehensive theoretical framework integrating positive law and Islamic ethical dimensions, with novelty in its specific analysis of the Batam Bonded Zone and the role of mediation as a solution.
Efforts to Combat Drug Abuse Crimes Committed by Children at The West Kalimantan Regional Police Zahedi, Irwan; 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.v20i3.48153

Abstract

Legally, narcotics are only used for scientific development and health services, but in reality, they are often abused. Drug use has become a business venture and has had a detrimental impact on the mental, physical, and psychological well-being of the younger generation. Law Number 35 of 2009 concerning Narcotics has regulated the types of very severe criminal sanctions against perpetrators of narcotics crimes. The method is a basic process regarding the procedure for finding a solution to a problem, while research is a careful examination of signs in order to obtain human knowledge, so the research method can be interpreted as the basic procedure for finding a solution to existing problems in carrying out research related to efforts to overcome the crime of narcotics abuse committed by children at the West Kalimantan Regional Police. To realize a just and effective drug handling system, a shift in the social paradigm and a more humanistic legal culture is needed, strengthening legal certainty through consistent and transparent enforcement, and increasing rehabilitation capacity and coordination between institutions. Thus, the law becomes not only a repressive tool, but also an instrument of recovery that provides tangible benefits for child victims of drug abuse and society at large. 
The Role of Bhabhinkamtibmas in Combating Crimes Committed by Youth Through Coffee Farming Empowerment (Case Study of Girimulyo Kulon Progo Research) Suranto, Suranto; 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.v20i3.48077

Abstract

This study aims to determine and analyze the role of Bhabinkamtibmas in the context of overcoming criminal acts committed by young people through empowering coffee farming in the Purwosari area, Kapanewon Girimulyo Kulon Progo in order to prevent criminal acts, and the obstacles encountered by Bhabinkamtibmas in the context of overcoming criminal acts committed by young people through empowering coffee farming, as well as solutions in anticipating the obstacles encountered. This research approach is carried out using sociological juridical, namely identifying and conceptualizing law as a real and functional social institution in a real life system, after primary and secondary data are obtained, a qualitative analysis is carried out, namely a material analysis method by describing the data obtained in the form of detailed and clear sentences, using deductive and inductive thinking methods. The results of the study can be concluded that the role of Bhabinkamtibmas in the context of overcoming criminal acts committed by young people through empowering Coffee Farming is carried out in two ways, namely first identifying the background of the problem related to the importance of carrying out agricultural empowerment, Second implementing the results of the identification that has been formulated by preventing criminal acts through a social approach, the lack of employment opportunities and skills possessed by young people, carrying out mentoring efforts to encourage becoming entrepreneurs who are closer to the digital market and becoming a facilitator with competent stakeholders. Obstacles encountered are lack of technical knowledge, lack of resources and facilities, lack of community participation, weather and environmental constraints, climate change, pests, and plant diseases that can affect crop yields, coordination with related agencies, and the private sector. budget limitations. Solutions in overcoming obstacles in changing mindsets by showing that coffee farming can be a profitable business holding interesting training and workshops, such as barista techniques, coffee roasting, and digital marketing, by promoting the success stories of young coffee farmers as inspiration, Encouraging business capital assistance programs or people's business credit (KUR) specifically for young farmers. Proposing a land rental program from senior farmers to young people to start farming, Encouraging cooperation between young people in the form of cooperatives or agribusiness communities, Holding coffee cultivation training from upstream to downstream by involving agricultural experts and coffee industry players, providing internship programs on coffee plantations or coffee processing industries.
Legal Analysis of the Settlement of the Criminal act of Theft with Aggregation Based on Legal Certainty (Case Study at Grobogan Resort Police) Ardinal, Kevin; Arpangi, Arpangi
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.v20i3.48146

Abstract

Aggravated theft is one of the most common crimes in society and causes disruption to the sense of security, economic loss, and social stability. As the frontline of law enforcement, the police play a strategic role in handling these cases, including within the jurisdiction of the Grobogan Police. The purpose of this study is to determine and analyze the steps taken by the Grobogan Police in resolving aggravated theft, identify the obstacles encountered, and examine the solutions taken to overcome them. This research uses a juridical-sociological approach and descriptive-analytical specifications. Primary data were obtained through interviews with police officers at the Grobogan Police, while secondary data were sourced from laws and regulations (the Criminal Code, the Criminal Procedure Code, Law No. 2 of 2002 concerning the Police, and related regulations), legal literature, and other supporting documents. The analysis was conducted qualitatively by examining the synchronization between positive legal norms and their implementation practices in the field. The research results show that the Grobogan Police Department applies two main strategies in handling aggravated theft crimes: repressive (investigation, prosecution, arrest, and detention in accordance with the Criminal Procedure Code) and preventive (legal counseling, patrols in vulnerable areas, and coordination with the community). Obstacles faced include limited personnel and facilities, low public legal awareness, difficulties in providing evidence, and budget constraints. Efforts made to overcome these obstacles include improving coordination between law enforcement officers, intensifying patrols and legal counseling, and implementing non-litigation solutions through a restorative justice approach. The conclusion of this study is that the Grobogan Police's measures are in accordance with applicable legal provisions, but still face structural and cultural obstacles in their implementation. Therefore, strengthening the capacity of officers, increasing public legal awareness, and developing restorative justice mechanisms are essential so that the resolution of aggravated theft crimes can be more effective, just, and based on legal certainty.

Page 32 of 36 | Total Record : 351

 30   31   32   33   34 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol 20, No 4 (2025): December 2025 Vol 20, No 3 (2025): September 2025 Vol 20, No 2 (2025): June 2025 Vol 20, No 1 (2025): March 2025 Vol 19, No 4 (2024): December 2024 Vol 19, No 3 (2024): September 2024 Vol 19, No 2 (2024): June 2024 Vol 19, No 1 (2024): March 2024 Vol 18, No 4 (2023): December 2023 Vol 18, No 3 (2023): September 2023 Vol 18, No 2 (2023): June 2023 Vol 18, No 1 (2023): March 2023 Vol 17, No 4 (2022): December 2022 Vol 17, No 3 (2022): September 2022 Vol 17, No 2 (2022): June 2022 Vol 17, No 1 (2022): March 2022 Vol 16, No 4 (2021): December 2021 Vol 16, No 3 (2021): September 2021 Vol 16, No 2 (2021): June 2021 Vol 16, No 1 (2021): March 2021 Vol 15, No 4 (2020): December 2020 Vol 15, No 3 (2020): September 2020 Vol 15, No 2 (2020): June 2020 Vol 15, No 1 (2020): March 2020 Vol 14, No 4 (2019): December 2019 Vol 14, No 3 (2019): September 2019 Vol 14, No 2 (2019): June 2019 Vol 14, No 1 (2019): March 2019 Vol 13, No 4 (2018): December 2018 Vol 13, No 3 (2018): September 2018 Vol 13, No 2 (2018): June 2018 Vol 13, No 1 (2018): March 2018 Vol 12, No 4 (2017): December 2017 Vol 12, No 3 (2017): September 2017 Vol 12, No 2 (2017): June 2017 Vol 12, No 1 (2017): March 2017 More Issue