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
 31   32   33   34   35 
Criminal Law Policy in the Framework of Overcoming Criminal Acts of Fraud and Fraudulent Acceptance Based on Justice Ferari Wiranata, Eddy; Soponyono, Eko
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.v20i3.48033

Abstract

This study aims to determine and analyze criminal law policies in efforts to overcome criminal acts of fraud and receiving money in current positive law, legal problems that occur in criminal law policies to overcome criminal acts of fraud and receiving money in current positive law, and analyze criminal law policies in order to overcome criminal acts of fraud and receiving money based on justice. The normative legal approach method, analytical descriptive research specifications, the data used are secondary data, the data collection method is with literature study, and the data analysis method is qualitative analysis.The theories used are the Pancasila justice theory and progressive legal theory. Based on the research results, it was concluded that the criminal law policy in efforts to overcome the crime of fraud and receiving money in positive law currently still emphasizes retaliation and the injured victim becomes passive, thus not reflecting justice. This is due to legal problems, namely the formulation of criminal sanctions for fraud and the discussion is still thick on the values of imprisonment, the rights of victims are neglected, does not differentiate between minor and serious crimes, resulting in overcrowded prisons. The criminal law policy in order to overcome the crime of fraud and receiving money based on justice is a restorative justice approach, namely by avoiding imprisonment and prioritizing the obligation to pay compensation to victims of criminal acts, with the condition that there is an agreement between the victim and the perpetrator of the crime. This realizes justice for both victims and perpetrators, where the victim receives compensation for the losses they experience, while the perpetrator is accountable for his actions by providing compensation to the perpetrator of the crime.
Legal Protection for Boarding House Owners for The Transfer of Rent to a Third Party (Study on 8888 Boarding House in North Sumatra) Luthfi Siregar, Muhammad; 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.v20i3.48088

Abstract

In everyday life, as social beings, humans always interact with other humans to meet their needs, especially students. Students who pursue education come not only from educational centers but also from various regions. Residents living in the surrounding area take advantage of this opportunity to start businesses by temporarily renting out their buildings and residences, including rooms. The type of research used in this study is legal research, using an empirical juridical legal research approach. Empirical legal research takes the form of community legal behavior. The data source for empirical legal research is not based on written positive law, but rather on observations at the research location. The binding relationship is based on the provisions of Article 1548 of the Civil Code, first between the boarding house owner and the tenant, second between the tenant and a third party. The relationship that occurs between the boarding house owner and the tenant occurs legally based on an agreement to enter into a rental agreement for the object of the rental, namely the boarding house owned by the boarding house owner himself, and the second relationship that occurs is between the tenant and the third party. The legal consequences arising from the transfer or re-renting of the Boarding House for the parties based on the provisions of Article 1267 of the Civil Code are that the owner of the boarding house has the right to immediately terminate the agreement and can cancel the agreement that was made by the parties and ask for compensation, as a result of the cancellation of the Boarding House rental agreement, the rental agreement made by the tenant with the third party is also null and void by law. Efforts made to resolve the rental of this Boarding House are carried out by taking action independently and through deliberation.
Critical Analysis of the Election of the General Chairperson of the National Sports Committee of Provinces: A Democracy and Transparency Perspective Murio, Akhiro; Widayati, Widayati
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.v20i3.48177

Abstract

This study aims to examine the regulations governing the Election of the General Chairperson in the National Sports Committee (KONI) Province. This issue is related to the election mechanism for the General Chairperson of the KONI Province from the perspective of democracy and transparency. This article also examines the ideal model for the election of the General Chairperson of the KONI Province from the perspective of democracy and transparency. The research method used in writing this article is a normative legal research type. Based on the results of the study, it can be concluded that the Election of the General Chairperson of the KONI Province according to Law Number 11 of 2022 concerning Sports, found shortcomings in the implementing regulations from the perspective of democracy and transparency. The ideal model for the election of the General Chairperson of the KONI Province from the perspective of democracy and transparency is that at the nomination stage the General Chairperson of the KONI Province must meet administrative requirements and pass a competency test, and at the election stage of the General Chairperson of the National Sports Committee Province, voting must be carried out even if there is only 1 (one) candidate for General Chairperson of the National Sports Committee Province.
Review of Criminal Liability Law Disbursement of Fictive Credit Funds by Banks in Perspective of Criminal Aspects of Banking Rizki Maulana, Tubagus Vibi; 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.v20i3.48078

Abstract

The anatomical pattern of fictitious mode crimes can be used by banks, some elements of fictitious mode only, or all elements of fictitious mode are used, so that this fictitious mode can be faced by banks because it comes from outside or from within. But banks can also use it themselves from outside and from within, when the bank uses fictitious mode from outside and from within, then the funds that are actually distributed will appear and the funds that are distributed are only records or documents or transactions, but the funds do not exist or are empty, imaginary, so that they become fictitious, then fictitious funds or credit funds become fictitious credit. This research aims to find out and analyze (1) the legal nature of criminal policy in the banking sector, (2) patterns of criminal responsibility for the disbursement of fictitious credit funds by banks, (3) legal problems of criminal responsibility in cases of disbursement of fictitious credit funds by banks. The approach method used in this study is normative juridical. The specifications of this study are descriptive analytical. The data source used is secondary data. Secondary data is data obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of the study and discussion can be concluded: (1) Law No. 10 of 1998 concerning Banking, specifies thirteen types of banking crimes (Articles 46 to 50), of which thirteen crimes can be classified into four types of crimes, namely: crimes related to licensing; crimes related to bank secrecy; crimes related to supervision and guidance; crimes related to banking business. (2) Implicated by the provisions of laws and regulations governing fictitious credit, the suspect can be subject to criminal responsibility under Article 49 of Law No. 10 of 1998 concerning Amendments to Law No. 7 of 1992 concerning Banking. Paragraph 1 states that: Members of the Board of Commissioners, Directors or bank employees who intentionally make or cause false records to be made in the books or in the reporting process, or in documents or reports on business activities, transaction reports or accounts of a bank. (3) Conceptually, the cumulative-alternative formulation system has been regulated in Law Number 1 of 2023 concerning the Criminal Code, whereby if the fine is not paid, the property is confiscated and auctioned to pay the fine or taken from the convict's income and if there is none (not enough), a substitute prison sentence/imprisonment is imposed for a period not exceeding the maximum prison sentence/imprisonment threatened.
The Authority of Prosecutors in Handling Cases Involved by Children Who Commit Repeated Crimes Larasati, Galuh; 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.v20i3.48148

Abstract

Recidivist or Repeat Offender refers to a situation where a person commits multiple offenses or more after having been sentenced by a judge. When associated with children, the term "child recidivist" refers to a former juvenile inmate who, after being released from a correctional facility, commits a similar crime again, often referred to as a habitual offender. The purpose of this research is to identify and analyze the Prosecutor's Authority in handling cases involving children who commit repeat offenses, as well as to examine the challenges and solutions faced by prosecutors in dealing with such cases. This legal research is normative legal research, which focuses on studying legal norms or regulations. Normative legal research examines legal norms or regulations as a structured system related to a legal event. Prosecutors have broad authority in handling cases of children who commit repeat offenses, including determining the eligibility for diversion, prosecuting, and overseeing court rulings. The principle of restorative justice must be prioritized to ensure that children receive rehabilitation rather than mere punishment. Although diversion is not applicable to child recidivists, prosecutors must seek rehabilitative solutions that are not solely repressive. Challenges in handling such cases include regulatory limitations, lack of inter-agency coordination, insufficient rehabilitation facilities, and a shortage of experts. Solutions required include strengthening inter-agency coordination, enhancing rehabilitation facilities, and providing prosecutors with training in psychological and social approaches. Additionally, community involvement in community-based rehabilitation programs plays a crucial role in supporting the reintegration of children into society. With a balanced legal approach that prioritizes rehabilitation, children in conflict with the law can have a second chance and avoid reoffending.
Legal Review of Business Registration and Verification Service Mechanisms in Timor-Leste (SERVE, IP/Serviço De Registo E Verificação Empresarial, Instituto Publico) Cristovão Pinto, Felix; Mashdurohatun, Anis
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.v20i3.48035

Abstract

This research aims to examine juridically and analytically the mechanism of business registration and verification services in Timor-Leste, which is carried out by the Serviço de Registo e Verificação Empresarial, Instituto Público (SERVE, IP) as a public institution responsible for the legalization process of business entities. The focus of the study is directed at the legal basis underlying the operation of SERVE, IP., the procedures of business registration and verification services, as well as the challenges faced in the implementation of government policies in the field of economic licensing. The research method used is normative juridical with a descriptive-analytical approach, through a literature review of regulatory analysis and relevant legislation, as well as official documentation from the Government of Timor-Leste. The approach method employed in the preparation of this thesis is normative juridical research (normative legal research). Normative juridical research is library-based legal research conducted by examining library materials or secondary data only. The results of the study show that the existence of SERVE, IP., has made a significant contribution to government efforts in creating legal certainty, transparency, and efficiency for entrepreneurs in Timor-Leste. The mechanism applied is relatively simple with the concept of a one-stop shop that facilitates the business registration process. However, its implementation still faces considerable challenges, including limited competent human resources, suboptimal utilization of information technology in the service system, and overlapping sectoral regulations with existing economic licensing laws. These factors affect the speed, effectiveness, and quality of services provided to the public and the private sector. To improve the effectiveness of the mechanism, efforts are needed to harmonize sectoral regulations with national economic licensing policies, strengthen the institutional capacity of SERVE, IP., and develop a more integrated digital service system. Thus, the business registration and verification policy implemented is expected to support private sector growth, improve the investment climate, and reinforce sustainable economic development in Timor-Leste.
Legal Analysis of the Authority of the Demak Regency General Election Supervisory Body in Supervising and Handling Criminal Offenses in the 2024 General Election Marstyasih, Kusfitria; Ma'ruf, Umar
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.v20i2.46029

Abstract

Bawaslu has the authority to handle election violations which previously only had the nature of supervision and study. Bawaslu has the authority to examine, review and decide on cases related to election violations committed by election participants and organizers. The purpose of this research is to find out and analyze the authority of the General Election Supervisory Body in supervising and handling General Election Crimes in Demak Regency as well as to find out and analyze the obstacles and solutions for the General Election Supervisory Body in supervising and handling General Election Crimes in 2024 in Demak Regency. the obstacles and solutions for the General Election Supervisory Body in supervising and handling General Election Crimes in 2024. This legal research uses empirical legal research methods. Empirical juridical research, namely legal research using legal principles and principles in reviewing, viewing and analyzing problems in research, in addition to reviewing the implementation of law in practice. The theories used in this research are the theory of authority and the theory of legal effectiveness. Based on the research results, it can be concluded: 1) The authority of the General Election Supervisory Agency in supervising and handling General Election Crimes in Demak Regency, in this case, Bawaslu's authority in supervising and handling election crimes is a form of attribution of authority granted directly by Law Number 7 of 2017, which confirms the legality and legitimacy of Bawaslu's actions as part of the legal and constitutional function of election supervision. Bawaslu has a crucial role in ensuring that the 2024 Election in Demak Regency runs honestly and fairly through monitoring, preventing and taking action against various election violations, including the involvement of ASN and election crimes through the Integrated Law Enforcement Center (Gakkumdu). 2) Obstacles and solutions for the General Election Supervisory Agency in carrying out supervision and handling criminal acts in the 2024 General Election, various challenges such as limited human resources and budget, difficulty detecting the practice of money politics and black campaigns, as well as a lack of public understanding regarding the task of election supervision. To overcome these obstacles, Bawaslu needs to strengthen the capacity of supervisors through training and recruitment, utilize technology in monitoring, and improve coordination with civil society, media and law enforcement agencies to create cleaner, more transparent and more democratic elections.
The Role of the Police in Eradicating Motor Vehicle Theft Cases at the Jambi Police Headquarters Dwitama, Muhammad Yoga; 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.v20i2.46128

Abstract

Motor vehicle theft (Curanmor) is a crime that disturbs the community and is economically detrimental. The role of the police is very vital in preventing and taking action against this case. Jambi Police have implemented various preventive and repressive strategies to reduce the number of Curanmor crimes. Although there has been a decrease in cases in recent years, internal and external challenges are still obstacles in eradicating this crime. This study aims to determine and analyze the role of the Jambi City Police (POLRESTA) in eradicating motor vehicle theft cases, identifying factors that are obstacles and solutions in eradicating motor vehicle theft cases in the jurisdiction of Jambi Police, strategies and efforts made by Jambi Police in increasing the effectiveness of eradicating motor vehicle theft cases as well as the obstacles and solutions implemented. The research method used is a sociological legal approach with data collection techniques in the form of literature studies, interviews, and documentation. The author analyzes the role of the Jambi City Resort Police (POLRESTA) in efforts to eradicate motor vehicle theft cases, factors that are obstacles and solutions in eradicating motor vehicle theft cases in the jurisdiction of the Jambi POLRESTA, strategies and efforts made by the Jambi POLRESTA in increasing the effectiveness of eradicating motor vehicle theft cases as well as obstacles and solutions applied. The role of the Jambi Police in eradicating motor vehicle theft is very strategic, covering the functions of law enforcement, protection, patronage, and public service. The main inhibiting factors include limited internal facilities and weak public awareness, which are overcome through increased synergy, services, and public education. Efforts made include preventive, repressive, and preemptive strategies, despite being faced with obstacles such as limited personnel, infrastructure, and low public participation. To overcome these challenges, the Jambi Police strengthens human resource capacity, establishes cross-sectoral cooperation, and utilizes information technology in case monitoring. The Jambi Police need to continue to improve the capacity and integrity of personnel through routine training, internal supervision, and expanding cooperation and technological modernization. The public is expected to actively participate in maintaining environmental security and implementing independent preventive measures, such as installing additional safety devices on vehicles. The local government and related agencies are also expected to provide budget support for strengthening police infrastructure and tightening vehicle administration to prevent data misuse by criminals.
Diversion as a Form of Settlement of Child Criminal Cases Through the Restorative Justice System by Investigators Hetharie, Mesakh Yohanes; 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.v20i2.46083

Abstract

Cases of violence between children often occur, this is because the emotional maturity of children is not yet fully mature so that pathological social problems often occur which make children often commit violence between each other. This makes children often face the law, therefore children need a guarantee of mental protection and intellectual growth, so the concept of restorative justice through diversion is needed, however, diversion has not been optimally implemented, especially in the Cirebon City area. This study aims to describe the process of investigation of child criminal cases through restorative justice at the Cirebon City Police. To analyze the obstacles and solutions in the process of investigation of child criminal cases through restorative justice at the Cirebon City Police. The type of research used in this study is a descriptive analytical legal research type. Based on the research results, it is known that the investigation process for child criminal cases through diversion as an effort to realize restorative justice at the Cirebon City Police is not yet optimal, this is because 95 cases of violence committed by children were resolved at the Cirebon City District Court in 2024.Constraintin the process of investigating cases of child criminal acts through restorative justice at the Cirebon City Police in the form of the lack of public knowledge regarding the resolution of criminal cases through restorative justice; the lack of public awareness to reconcile through restorative justice in cases of minor assault; and the lack of regulation of the resolution of hate speech crimes through restorative justice in a complete and specific manner at the level of government regulations, both central and regional.
Legal Analysis of the Reform of the Criminal Procedure Guidelines Based on the Republic of Indonesia Law Number 1 of 2023 Concerning the Criminal Code Saija, Jovita Agustien; 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.v20i2.46019

Abstract

The 1945 Constitution of the Republic of Indonesia affirms that Indonesia is a state of law. One of the important principles of a state of law is the existence of an independent judicial power and free from the influence of other powers in administering justice in order to uphold law and justice. The approach method used in this study is the normative legal approach. The normative approach, also known as legal studies, positive legal studies, doctrinal law, and pure law, focuses on written regulations or prevailing community norms. Based on the results of the research and discussion conducted by the Author, the following conclusions are drawn: 1. Law of the Republic of Indonesia Number 1 of 1946 concerning Criminal Law Regulations (Old Criminal Code) and Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code (New Criminal Code) have different types of criminal penalties and purposes of punishment. The independence and freedom of judges in trying and deciding criminal cases can be divided into 2 (two) points, namely the freedom of judges in accepting, assessing, and constructing every evidence presented in the trial to determine the guilt of the Defendant and the freedom of judges in sentencing the Defendant. The presence of sentencing guidelines in the New Criminal Code has reduced the judge's "absolute discretion", especially in terms of sentencing

Page 33 of 36 | Total Record : 351

 31   32   33   34   35 

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