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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 Review of Traffic Accidents Resulting in Death Sari, Panji Prasetyo; 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.v20i2.46177

Abstract

Traffic accidents often occur in various places throughout Indonesia. Traffic accident victims are of several groups, whether minor, severe, or death. In this study, the author would like to describe the legal review of traffic accidents that result in fatalities. In this study, the approach method used is: sociological legal approach or approach by direct review in the field. The research specification used is Analytical Descriptive, which is an effort to analyze and explain legal problems related to objects with a comprehensive and systematic description of all matters related to the legal review of traffic accidents resulting in fatalities. The author believes that it is important to enforce and protect the law against victims and perpetrators who experience traffic accidents. This aims to ensure that victims and perpetrators are processed in accordance with applicable laws and receive their rights accordingly.
The Effectiveness of Restorative Justice in Overcoming Overcrowding in Correctional Institutions According to Law Number 22 of 2022 Concerning Corrections Anwar, Rosyian; 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.v20i2.46211

Abstract

Abstract. This study aims to determine and analyze the situation, causes and impacts of overcrowding that occurs in prisons/detention centers in Indonesia, to determine and analyze the effectiveness of the implementation of restorative justice in overcoming overcrowding in prisons/detention centers in Indonesia according to Law Number 22 of 2022 concerning Corrections. To determine and analyze alternative solutions and strategies for implementing restorative justice in overcoming overcrowding in prisons/detention centers in Indonesia in the future. The resolution of violations of the law through the criminal justice system tends to be very prison-oriented. Every criminal violation always ends in imprisonment. The concept of prison as ultimum remedium (last resort) shifts to premium remedium (main resort) and of course the final result is that prisons face a latent problem called overcrowded or overcapacity. The specifications of this study are included in the analytical descriptive research environment, with a normative approach method, with the type and source of primary data from interviews with informants and secondary data covering various kinds of literature and laws and regulations in Indonesia. The results of the study show that the overcrowded situation has placed Indonesia at an extreme point with an excess of 188%. The overcrowded situation has an impact on the emergence of human rights, security and health problems for its residents. In addition, the overcrowded situation also has an impact on the families of suspects/convicts, society and the State. The effectiveness of the implementation of restorative justice in overcoming overcrowding in prisons/prisons in Indonesia according to Law Number 22 of 2022 concerning Corrections has not shown a significant impact. alternative solutions and future strategies, namely reorientation of criminal punishment, making non-prison criminal policies more effective, revising regulations that hinder outflows.
Investigation of Corruption Crimes in Capital Investment of West Sumbawa Regency Regional Public Company Taufani, Rizki; Hafidz, Jawade
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.49505

Abstract

This study aims to analyze the investigation into the corruption case involving equity participation in the West Sumbawa Regency Regional Public Company (Persda) at the West Sumbawa District Attorney's Office, as well as the obstacles and solutions. This study 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 studies, and the data analysis method is qualitative. The theories used in this study 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 thatpThe investigation of the corruption crime of capital participation in West Sumbawa Regency Regional Public Company at the West Sumbawa District Attorney's Office has been in line with the applicable laws and regulations, namely the Criminal Procedure Code, the Corruption Law and Perja Number Perja Number Per-017/A/Ja/07/2014. Obstacles in the investigation of the corruption crime of capital participation in West Sumbawa Regency Regional Public Company at the West Sumbawa District Attorney's Office are the lengthy process of examining state losses by the PKP, limited human resources, inadequate facilities and infrastructure, especially related to the budget. The solution to overcome this is to coordinate intensively with the BPKP so that the audit report is completed immediately, request additional members from the Attorney General's Office if not fulfilled then maximize the existing members, request additional budget from the Attorney General's Office, if not fulfilled save the budget until the case is completed in court.
Effectiveness of Investigations into Aggravated Theft Crimes Zulnaedi, Diki; Bawono, Bambang Tri
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.49496

Abstract

This study aims to determine and analyze the implementation of investigations into the crime of aggravated theft at the Bintan Resort Police and the effectiveness of the implementation of investigations into the crime of aggravated theft at the Bintan Resort Police. The approach method in this study is sociological juridical, the research specification is analytical descriptive. The data used are primary data and secondary data and the data collection method is field study and literature study, while the data analysis method uses qualitative analysis. The theory used in this study is the theory of legal effectiveness and legal certainty. The results of the study indicate that the implementation of investigations into the crime of aggravated theft at the Bintan Resort Police has been carried out in accordance with the provisions of the Criminal Procedure Code and the Regulation of the Chief of Police Number 6 of 2019 concerning Criminal Investigations so that it has fulfilled the principle of legal certainty. The implementation of investigations into the crime of aggravated theft at the Bintan Resort Police has also been effective, this is reflected in the majority of police reports that can be handled well until the stage of transferring case files to the prosecutor's office. Despite several obstacles, overall the investigation process continued to run well and was able to support law enforcement in a professional and proportional manner.
The Effectiveness of Termination of Prosecution in Settling Theft Crimes Based on Restorative Justice Aji Kurniawan, Tony; Laksana, Andi Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.49506

Abstract

This study aims to determine and analyze the implementation of termination of prosecution in criminal acts of theft based on restorative justice, the weaknesses of termination of prosecution in criminal acts of theft based on restorative justice and the effectiveness of termination of prosecution in criminal acts of theft based on restorative justice. The method of this research approach is sociological juridical, the research specification is analytical descriptive. The data used are primary data and secondary data and the data collection method is field study and literature study, while the data analysis method uses qualitative analysis. The theories used are restorative justice theory, legal effectiveness theory and progressive legal theory. Based on the results of the study, it can be concluded that the implementation of termination of prosecution in criminal acts of theft based on restorative justice at the Pekalongan Regency District Attorney's Office has been carried out in accordance with Perja Number 15 of 2020, namely fulfilling formal and material requirements and procedures according to the provisions. Weaknesses of the termination of prosecution in the crime of theft based on restorative justice include the lack of explicit regulation of restorative justice in the law (KUHAP), termination of prosecution based on restorative justice depends on the willingness of all parties, the need for trained and professional facilitator prosecutors, limited number of prosecutors and time constraints, the potential for injustice to victims, ignoring the deterrent effect for perpetrators, and weak oversight of peace agreements. These weaknesses can hinder the achievement of the goals of restorative justice. The termination of prosecution in the crime of theft based on restorative justice has not been fully effective, considering that many cases planned to be resolved based on restorative justice failed. However, cases that have been resolved based on restorative justice have been effective.
The Effectiveness of Termination of Prosecution in Settling Fraud Crimes Based on Restorative Justice Widono, Janu; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.49499

Abstract

This study aims to determine and analyze the implementation of the termination of prosecution in fraud crimes based on justice, the weaknesses of the termination of prosecution in fraud crimes based on restorative justice, and the effectiveness of the termination of prosecution in fraud crimes based on restorative justice. The approach method is sociological juridical, the research specification is analytical descriptive. The data used are primary and secondary data and the data collection method is field study and literature study, while the data analysis method uses qualitative analysis. The theories used are restorative justice theory, legal effectiveness theory and progressive legal theory. Based on the results of the study, it can be concluded that the implementation of the termination of prosecution in fraud crimes based on justice in the Pekalongan Regency District Prosecutor's Office has been carried out based on the Attorney General's Regulation Number 15 of 2020 concerning the Termination of Prosecution based on Restorative Justice and has reflected the theoretical principles of restorative justice. The weaknesses of the termination of prosecution in fraud crimes based on restorative justice have an impact on the termination of prosecution based on restorative justice not being able to run optimally and has not fully fulfilled the goals of recovery in the criminal justice system. The termination of prosecution in fraud crimes based on restorative justice has been effective, thus making the concept of recovery more acceptable than the retributive approach which emphasizes revenge.
Enforcement of the Indonesian National Police's Code of Professional Ethics Against Police Members Who Commit Adultery or Infidelity Pandu Buono, Yohanes Krisna; Wahyuningsih, Sri Endah
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.49507

Abstract

This study aims to determine and analyze the enforcement of the Indonesian National Police's professional code of ethics against members who commit adultery or adultery in the South Kalimantan Regional Police and the obstacles in enforcing the Indonesian National Police's professional code of ethics against members who commit adultery or adultery in the South Kalimantan Regional Police and how to overcome them. The approach method in this study is sociological juridical, the research specification is analytical descriptive. The data used are primary and secondary data and the data collection methods are field studies and literature studies, while the data analysis method uses qualitative analysis. The theory used in this study is the theory of law enforcement and legal certainty. Based on the results of the study, it can be concluded that the enforcement of the Indonesian National Police's professional code of ethics against members who commit adultery or adultery in the South Kalimantan Regional Police has been implemented by Bidpropam in accordance with Police Regulation Number 7 of 2022 concerning the Professional Code of Ethics and the Code of Ethics Commission. Obstacles in enforcing the Indonesian National Police's professional code of ethics against members who commit adultery or adultery in the South Kalimantan Regional Police are a shortage of personnel, difficult digital evidence, a culture of covering up-cover-ups, and external intervention. Solutions to these obstacles include increasing personnel in the Propam Division (recruitment and rotation), developing forensic laboratories at the regional police (Polda) level, public outreach and education on the importance of witnesses, and independent oversight (Ombudsman/NGOs) to reduce intervention.
Legal Review of the Obligation to Install Boundary Signs For Land Rights Owners Husin, M.; Purnawan, Amin
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.49501

Abstract

The background of this thesis is that land is a very basic human need. Humans live and carry out activities on land so that at all times humans are always in contact with land. It can be said that almost all human life activities, both directly and indirectly, always require land. Land is so important for human life, that everyone will always try to own and control it. With this, it can give rise to land disputes in society. Land registration is carried out according to the provisions stipulated in Government Regulation Number 24 of 1997 concerning Land Registration. In this thesis the author raises the following problems: how is the obligation to install boundary markers for land owners based on Government Regulation Number 24 of 1997 concerning Land Registration, the factors causing land owners to not install boundary markers and the legal consequences that arise if the installation of boundary markers for land owners is not carried out. The method used in this research is the sociological juridical method, namely legal research conducted by only examining library materials or secondary data. Sources of legal materials, namely data obtained from library materials by reading and reviewing library materials. The installation of boundary markers is carried out by the applicant after obtaining the consent of the adjacent owner. The installation of boundary markers and their maintenance are the responsibility of the applicant. The legal theories used in this study are the theory of legal responsibility and the theory of legal certainty. Factors causing landowners not to install land boundary markers: lack of understanding, costs, difficulty in access, legal uncertainty, cultural and traditional factors, disagreements with other landowners, lack of socialization, technical difficulties, no proof of legal ownership, negligence or irresponsibility. The legal consequences that arise if the installation of boundary markers is not carried out for landowners are: the emergence of land boundary disputes, legal uncertainty, weakening of evidence, difficulty in re-measurement, the risk of land grabbing and administrative obstacles. In Islam, grabbing land belonging to another person or group of people, or taking it in ways that are not justified by religion, law and community norms, including injustice, which needs to be resolved fairly and in relation to the rights of fellow human beings.
Legal Analysis of Criminal Responsibility for Perpetrators of Hate Speech Through Electronic Media Within a Justice-Based Positive Legal Framework Silaban, Roynaldo; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.49508

Abstract

This study aims to comprehensively identify and analyze the criminal liability of perpetrators of hate speech through electronic media from a justice-based positive legal perspective. The spread of hate speech through electronic media not only disrupts public order but can also degrade human dignity and deepen social fragmentation. This study was conducted to examine the basis for criminal liability for perpetrators of hate speech from the perspective of Indonesian positive law, while also evaluating the extent to which its implementation reflects the principle of justice for all parties, including perpetrators, victims, and the community. Thus, this study seeks to provide a more proportional understanding of the relationship between freedom of expression and the protection of fundamental social values. This study uses a normative juridical method by adopting a statutory, conceptual, and case study approach. The analysis focuses on provisions in the Electronic Information and Transactions Law (UU ITE), the Criminal Code (KUHP), and several other relevant regulations. This approach is strengthened by a review of legal doctrine and theories of justice to explore the philosophical foundations and objectives of criminal punishment in the context of hate speech. Thus, this study not only examines norms as texts, but also considers ethical values, the principle of proportionality, and aspects of human rights protection, which are integral parts of the legal system. The results explain and demonstrate that the basis for criminal liability for perpetrators of hate speech via electronic media is formally regulated within Indonesia's positive legal framework. However, its implementation has not been fully effective in delivering substantive justice. This is due to several obstacles, including unclear norms, overlapping regulations, and the potential for misuse of articles by law enforcement officials. Furthermore, the application of the law often fails to consider the social context, the perpetrator's motives, and the real impact on the victim. Therefore, regulatory harmonization, more proportional application of the law, and an approach that favors substantive justice are needed so that the handling of hate speech can truly protect the public interest without neglecting the constitutional right to freedom of expression.
Settlement of Bad Debts Through Non-Litigation Channels to Improve Community Economic Enterprises in Pasuruan Jadida Fitri, Mar'atul; Witasari, Aryani
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.49502

Abstract

This study discusses the non-litigation approach to resolving bad debts at PT. BPRS Daya Artha Mentari and its contribution to improving the economy of the Pasuruan community. The study employed a juridical-sociological approach, with data collection techniques including observation, interviews, documentation, and literature review. The results indicate that resolving bad debts through rescheduling, reconditioning, and restructuring is considered more effective, faster, and cheaper than litigation. Non-litigation resolving has a positive impact on improving the economy of the Pasuruan community, particularly for MSMEs, agriculture, industry, and fisheries businesses.

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