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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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The Role of the Police Intelligence Unit in the Investigation of Murder Crimes (Case Study at the Natuna Police Resort) Iqbal, Muhammad; 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.v20i2.46117

Abstract

This study examines the role and effectiveness of the Natuna Police Intelligence Unit (Satintelkam) in investigating murder crimes, with a focus on operational challenges in the archipelago. An empirical legal approach is used to analyze the gap between the normative mandate (Law Number 2 of 2002 and Regulation of the Chief of Police Number 10 of 2010) and implementation in the field, covering social, geographical, and institutional dynamics in Natuna Regency. The results of the study show that Satintelkam plays a strategic role    through method Human Intelligence (HUMINT), Signal Intelligence (SIGINT), and Open Source Intelligence (OSINT), which contribute to the identification of perpetrators, mapping of crime motives, and reconstruction of crime scenes, as seen in the cases of KM Samudra and Bunguran Timur. However, its effectiveness faces structural obstacles such as limited forensic technology, lack of certified human resources, and geographical barriers. Analysis based on the theory of authority, Friedman's legal system, and legal certainty reveals the disparity between ideal capacity and operational reality, which has an impact on the principle of speedy justice and the validity of evidence. The study recommends strengthening human resource capacity, procuring forensic tools, and improving cross-agency coordination (TNI AL, Immigration) to optimize intelligence functions. Local context-based solutions, such as mobile investigative units and specialized training, are proposed to mitigate geographic challenges and strengthen the integration of intelligence systems in the criminal justice process.
Legal Review of the Basis for Judge's Considerations in Issuing a Decision to Acquit All Legal Charges for the Criminal Act of Using Land Without Permission (Study of Decision Number 7/Pid.C/Daf.Pid/2023/PN.Sbw) Suryandari, Marnita Eka; 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.v20i2.46072

Abstract

Land as a gift from God Almighty is a natural resource that is greatly needed by humans to meet their needs. Land has an important role in people's lives, both as a place to live, a place to plant crops, a means of production, construction of facilities and infrastructure, and economic assets. Soil consists of mineral particles, organic matter, water, air, and living things. Given the importance of land, the management, utilization and control of land is carried out by the state. This is as mandated in Article 33 paragraph (3) of the 1945 Constitution which emphasizes that the earth, water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people. Thus, the prosperity of the people is the spirit and ultimate goal of the welfare state which must be realized by the state and government of Indonesia. The approach method used in this research is normative juridical, namely legal research conducted by examining library materials (secondary data) which includes research on legal principles, legal systematics, the level of synchronization of laws and regulations, comparative law or legal history. Considering, that based on the facts revealed in relation to the understanding of the element of using land according to the Judge, it has been proven that the Defendants have cultivated and planted coconut trees, banana trees, corn trees and built a hut on the land, where the Defendants planted trees on the land because the Defendants believe that the land belongs to their parents named M. Daud, which statement of the Defendants is also strengthened by the statement of witnesses M. Yunus and witness Rabusi Andang, even the land has also been controlled by other parties, which is proven by the statement of witness Mardi who has purchased land from the reporting witness Fahrizal with an area of 10,000 M² (ten thousand square meters), where the land purchased by witness Mardi is a unit of land owned by M. Daud's parents with a total area of 3 (three) hectares 20 (twenty) ares where currently the Defendants control the land with an area of 22,000 M².
Legal Analysis of Criminalization of Children Perpetrators of the Crime of Theft with Aggravation Based on Pancasila Justice (Criminal Case Study Decision Number: 57/Pid.B/2024/PN Nab) Satria, Rifai Ermin; 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.v20i2.46205

Abstract

Abstract. Law is a norm or rule that contains mandatory legislation and anyone who violates the article will receive legal sanctions. The legal subjects who are to be prosecuted are not only those who have actually committed unlawful acts, but also legal acts that may arise and equip the state to act in accordance with the laws currently in force. Crime is an offense, namely things that are contrary to or in conflict with the legal principles that are the beliefs of human life and are not bound by law. Crimes that often occur in society lately include robbery, burglary, murder and rape. One type of crime that often occurs in society is theft. The crime of theft is a crime that is officially stipulated as prohibited and punishable, in this case it is an act defined as "stealing". If translated from the word "zich toeeigenen" it is "to control", because after discussing the numbers, the reader will understand that "zich toeeigenen" has a very different meaning from the meaning of "owning" which is clearly widely used and widely known until now in the Criminal Code which has been translated into Indonesian in the article, even though it is true that the statute of "ownership" itself is also included in the meaning of "zich toeeigenen" as understood in Article 362 of the Criminal Code. The case in Decision Number 57/Pid.B/2024/PN Nabire relates to a criminal act of aggravated theft that occurred on Tuesday, March 5, 2024 at around 04.00 WIT, at Jalan Mongonsidi RT/RW 002/003, Oyehe Village, Nabire District, Nabire Regency. The defendant Andika Wisnu Wijaya together with Child Witness ISBA PELLU alias IBAX (who was processed in the child case file Number 4/Pid.Sus-Anak/2024/PN Nap), as well as two other people who currently have DPO status, namely Brian Rumbewas and Sedek Kum, committed the theft together. The perpetrators used two motorbikes to get around and monitor the location. When crossing Jalan Mongonsidi, they saw the window of the boarding house open, then decided to commit the theft.
Framework for Analysis of Criminal Acts Committed by Children Against Child Victims Based on Restorative Justice Rahmad, Rahmad; 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.v20i2.46188

Abstract

Abstract. Children are the next generation of the nation who are vulnerable to becoming victims or perpetrators of sexual crimes due to lack of protection, supervision, and adequate moral education. Children as perpetrators of sexual abuse require a more humanistic legal approach through restorative justice in accorandce with the principles of the Child Protection Law and the Child Criminal Justice System. The purpose of this study is to examine the regulation of criminal acts of sexual abuse by child perpetrators against child victims and to analyze the ideal regulation of criminal acts of sexual abuse by child perpetrators against child victims. The approach method used in compiling the thesis is normative legal research.Specifications in this studydescriptive analysis.The theories used include the theory of legal certainty and the theory of restorative justice. The results of this study are (1)Regulation of criminal acts of child molestation against child victims in Indonesia has been regulated in the Criminal Code, the Child Protection Law, and the Child Protection and Child Protection Law, with the aim of providing protection for children both as victims and as perpetrators. Although child perpetrators of child molestation can be subject to criminal responsibility, the Indonesian legal system still requires an approach that upholds children's rights, including rehabilitation efforts through the child criminal justice system. However, Article 7 paragraph (2) of the Child Protection and Child Protection Law limits the application of diversion, so that child perpetrators in criminal acts of child molestation cannot be diverted, legal uncertainty in the principle of child protection. Therefore, although existing regulations have guaranteed legal protection, a review is needed to align the objectives of criminal punishment with the restorative justice approach for children. (2) The ideal regulation of criminal acts of child molestation against child victims in the future must be directed at a restorative justice-based approach that guarantees the protection of children's rights. Lessons from the English, German, and Dutch legal systems show that child punishment can be carried out in a humane manner by emphasizing rehabilitation. The juvenile criminal law system in Indonesia through the SPPA Law needs to be revised to provide space for settlement outside the courts, including for cases that carry a criminal sentence of more than seven years, such as molestation, which is currently excluded from diversion. In addition, the government also needs to reconstruct Article 140 paragraph (2) of the Criminal Procedure Code so that it becomes the legal basis for terminating prosecution with a restorative justice approach, to ensure that the principle of "the best interests of the child" remains the main priority in the national criminal justice system.
Implications of the Effectiveness of Legal Efforts for Asset Recovery in Corruption Criminal Cases with State Financial Losses Handono, Reza Prasetyo; 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.v20i2.46200

Abstract

Abstract. The influence and pressure in law enforcement of corruption cases is one of the obstacles in the recovery of assets resulting from corruption, so that it can cause law enforcement in corruption cases to experience disorientation, in this case law enforcement that is still focused on arresting and imprisoning perpetrators of corruption only, not on the recovery of assets resulting from corruption to the state. Although several corruptors have been processed criminally and have been sentenced to additional penalties for payment of compensation, the assets obtained from corruption have not been significantly returned to the state, so that the state as the owner of assets or public funds remains the party that suffers losses. The aim of this research is to determine and analyze (1) the legal nature of efforts to recover assets from corruption crimes in overcoming state financial losses, (2) the mechanism for asset recovery in corruption cases that cause losses to state finances, (3) the essence of the effectiveness of the law in efforts to recover assets from corruption crimes to overcome state financial losses. The aproach 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 research and discussion can be concluded: (1) In relation to the regulation of asset return, legally the Indonesian government has issued various regulations that can be used as a basis/foundation in the government's efforts to return state financial losses as a result of corruption. The efforts referred to are regulated in Law No. 31 of 1999 as amended by Law No. 20 of 2001 concerning the Eradication of Corruption. (2) In terms of criminal procedures, efforts to recover the assets of perpetrators of corruption can be carried out in the following ways: asset tracking, asset freezing, asset confiscation, and asset confiscation. (3) It is necessary to be suported by the existence of a Draft Law on Asset Confiscation, this is because the construction of the criminal law system in Indonesia currently does not place confiscation and confiscation of the proceeds and instruments of corruption as an important part of efforts to reduce the level of state losses.
Implementation of Restorative Justice in the Rembang District Attorney's Office Based on Prosecutor's Regulation Number 15 of 2020 Concerning Termination of Prosecution Based on Restorative Justice Pramesti, Treninda Ardea; 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.v20i2.46235

Abstract

Abstract. Regulation of the Attorney General of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice is implemented on the basis of case resolution that emphasizes restoration to the original state and not with retaliation. This regulation emphasizes using conscience in resolving cases. The purpose of this study is to determine how the implementation of the termination of prosecution of fraud crimes is based on restorative justice, what are the obstacles, and how effective the implementation of restorative justice is in resolving fraud crimes at the Rembang District Attorney's Office. The research aproach used in this study is an empirical legal aproach method with a descriptive research type. The problem aproach used is to use primary and secondary data obtained from literature studies and field studies at the Rembang District Attorney's Office, then data processing is carried out by evaluating data, classifying data, and systematizing data, then analyzing it using qualitative analysis. The results of the study indicate that the implementation of the termination of prosecution in criminal acts of fraud based on restorative justice at the Rembang District Attorney's Office runs in accordance with aplicable laws and regulations and reaches an agreement between the victim and the perpetrator. As for the most dominant obstacle if the victim and the suspect do not reach an agreement to forgive each other and the suspect provides compensation or restitution. Regarding the effectiveness of the implementation of restorative justice at the Rembang District Attorney's Office, it runs well, marked by the achievement of restorative justice between the victim and the suspect.
Analysis of the Implications of the Indonesian Criminal System with the Problems of Correctional Institution Conditions (Research Study at Class IIB Pati Prison) Prihartadi, Prihartadi; 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.v20i2.46183

Abstract

In a prisoner during his/her imprisonment, the attitudes and values adopted by a prisoner in the context of the prisoner's society will seriously hinder the prisoner's resocialization efforts. This is also the obligation of policy makers or related employees in handling this prison overcapacity case because it is feared that it will hinder the prisoner development process and hinder the suppression of crime rates in the future. The aim of this research is to determine and analyze (1) the dynamics of the Indonesian criminal justice system from a legal construction perspective, (2) the implications of the problems of the Indonesian criminal justice system with the current conditions of correctional institutions, (3) the concept of an ideal criminal justice system in overcoming the problems of correctional institutions. The approach method used in this study is sociological juridical. The specifications of this study are descriptive analytical. The data sources used are primary data and secondary data. Primary data is data obtained directly from the field or from the first source and has not been processed by other parties. While secondary data is obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the research and discussion, it can be concluded: (1) The criminal punishment system in the Criminal Code, where the Indonesian Criminal System is basically regulated in Book I of the Criminal Code in Chapter 2 from Article 10 to Article 43. The criminal system in the Criminal Code is divided into 2 types of sanctions, namely first, the main punishment consisting of the death penalty, imprisonment, confinement, fines and imprisonment; second, additional punishment. (2) Criminal law policy in Indonesia shows over-criminalization and over-use of imprisonment. This can be seen from the formulation of criminal law in the Criminal Code and the development of criminal law formulations outside the Criminal Code. Article 10 of the Criminal Code stipulates the types of main punishments, namely the death penalty; imprisonment; confinement, confinement and fines. (3) When looking at the renewal of correctional policies to improve the worsening situation and conditions of Indonesian Correctional Institutions with the enactment of Law Number 22 of 2022 concerning Corrections, which has the right direction, ideas and philosophy for the conditions that have occurred, there are aspects that are upheld in the restorative justice paradigm.
Legal Protection for Child Criminals in the Indonesian Justice System Setyawan, Setyawan; Endah Wahyuningsih, Sri
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.v20i2.46216

Abstract

Abstract. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System stipulates that juvenile justice in absolute competence is within the scope of the General Court. The form of providing legal protection is intended to provide oportunities for children to become responsible human beings in their future. The objectives of this study: 1). to determine and analyze legal protection for child perpetrators of criminal acts in the current judicial system in Indonesia; 2). to determine and analyze the weaknesses and solutions for legal protection for child perpetrators of criminal acts in the current judicial system in Indonesia. This study uses a normative legal aproach, with a descriptive analytical research method. The data used are primary and secondary data that will be analyzed qualitatively. Research problems are analyzed using the theory of punishment, retributive theory, legal purpose theory, combined theory and legal system theory. The results of the study concluded that: 1) Legal protection for children in the criminal justice system in Indonesia can be seen from the entire legal process, starting from the investigation stage, arrest and detention, prosecution, trial and guidance. The entire process must be carried out based on the provisions of the SPA Law and must prioritize the needs, development and growth of children, both mentally, physically, and socially, and the interests of the community. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPA Law) provides legal protection for children in conflict with the law (consisting of children in conflict with the law, children who are victims of criminal acts and children who are witnesses to criminal acts) in Indonesia.; 2). The weaknesses of legal protection for children who commit crimes are the lack of quality and quantity of human resources of law enforcement officers who handle criminal cases committed by children, and the lack of coordination between law enforcement officers and related institutions that handle criminal cases. The solution to these weaknesses is that law enforcers should improve the quality and quantity of human resources of law enforcement officers who handle criminal cases committed by children and increase synergy between related law enforcers.
Implementation of Criminal Aspects by the Water Police in Law Enforcement in the Waters of Central Java (Research Study at the Directorate of Water and Air Police, Central Java Regional Police) Pamungkas, Rendi; 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.v20i2.46194

Abstract

Law enforcement efforts against perpetrators of maritime crimes are basically the function and duty of the Police as regulated in Law Number 2 of 2002 concerning the Indonesian National Police. All crimes, both general crimes and special crimes, where the crime scene or which falls within the jurisdiction of the Indonesian territorial waters and airspace will be the authority of the Directorate of the Marine and Air Police. The purpose of this research is toknow and analyze (1) criminal codification in the scope of waters in national legal construction, (2) the water police system in enforcing criminal law, (3) obstacles faced by the maritime police in enforcing maritime crime law. 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. Secondary data is data 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) Types of maritime crimes or certain criminal acts at sea can be grouped as follows: Armed Piracy or Piracy at Sea; Smuggling Crimes Through Sea Lanes (Smuggling); Criminal Acts in the Field of Shipping; Criminal Acts of Marine Pollution; Criminal Acts of Cultural Heritage Objects Under the Sea Surface; Criminal Acts Against the Management of Coastal Areas and Small Islands; Criminal Acts of Conservation of Biological Resources and their Ecosystems; Criminal Acts in the Exclusive Economic Zone of Indonesia; Criminal Immigration in Waters; and Criminal Acts of Fisheries. (2) The main duties of the Central Java Regional Police Polairud include a number of very important activities to maintain security, safety, and order in water and air areas. Several laws and technical regulations as legal legitimacy in providing reinforcement to the Water and Air Police in carrying out their authority as law enforcement institutions in water areas as investigators. (3) With such a wide territorial area, technically the Polairud problem in enforcing criminal law in Indonesian waters lies in the specifications of ships for water areas which are generally seas with large waves, accompanied by coral reefs, and ocean meeting routes.
Policy on Sentencing Criminal Actors in Accordance with Pancasila Justice (Study of Decision Number: 504/Pid.B/2024/PN.Ptk) Tama, Supra Endra; Sulchan, 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.v20i2.46230

Abstract

Abstract. The enforcement of criminal law in Indonesia not only aims to deter offenders but is also expected to reflect the values of social justice as enshrined in the fifth principle of Pancasila. One of the major challenges in the criminal justice system is to realize a fair and proportional sentencing policy, not only towards the perpetrators but also by considering the interests of the victims and society as a whole. This research aims to analyze sentencing policies for theft offenders that embody social justice, using Case Decision Number 504/Pid.B/2024/PN.Ptk as a case study, and to evaluate the extent to which the imposed criminal sanctions reflect the principles of Pancasila justice. The research method used is a normative juridical and sociological juridical approach. Primary data were obtained from official copies of court decisions, while secondary data were obtained through literature review of criminal law literature, doctrines, and relevant regulations. The analysis was conducted qualitatively, emphasizing the legal construction built in the judge's considerations and the values of social justice within the context of Pancasila. The research results show that the sentencing policy reflected in Decision Number 504/Pid.B/2024/PN.Ptk is still dominated by a retributive paradigm, although there are considerations that attempt to accommodate aspects of substantive justice and the social conditions of the perpetrator. The criminal sentence imposed does not yet fully reflect a rehabilitative and restorative approach aimed at restoring the relationship between the perpetrator, the victim, and society. In the context of Pancasila justice, sentencing should not only serve as a means of retribution but also as an effort for rehabilitation and social reconciliation. Thus, this research recommends that future penal policies integrate the cultural and ideological values of the Indonesian nation, namely Pancasila-based social justice, through a more humane and responsive penal approach to the background of the offenders and their impact on society.

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