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 385 Documents
 34   35   36   37   38 
Legal Analysis of Law Enforcement of Mining Crimes Based on Legal Certainty Hutagalung, Pahala Holmes; Arpangi, Arpangi
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.v20i4.49503

Abstract

This study aims to determine and analyze the implementation of law enforcement against illegal mining crimes in law enforcement against mining crimes that have legal certainty and obstacles and solutions in law enforcement against mining crimes that have legal certainty. The method of sociological juridical approach, the research specification is descriptive analytical, the data used are primary data and secondary data. The data collection method is field study and literature study. The data analysis method used is qualitative. The theory used in this study is the theory of legal law enforcement and the theory of legal certainty. Based on the results of the study, it can be concluded that law enforcement against mining crimes in the West Kalimantan Regional Police has legal certainty where its implementation is based on applicable laws and regulations, namely the Minerba Law, the Criminal Procedure Code and the Police Chief Regulation Number 6 of 2019 concerning Criminal Investigation. The implementation of law enforcement is carried out through investigations and inquiries into events suspected of having occurred mining crimes. Obstacles in law enforcement against mining crimes include internal obstacles and external obstacles. Through appropriate solution actions, these obstacles can be overcome, so that the law enforcement process can be carried out in accordance with the provisions of applicable laws and regulations.
The Effectiveness of the Police's Role in Enforcing the Law Against Justice-Based Online Gambling Networks (A Case Study of the West Java Regional Police Cyber Directorate) Iman, Muhammad Khoirul; 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.v20i4.51031

Abstract

Abstract. The rampant phenomenon of online gambling poses a serious challenge to law enforcement in Indonesia. Advances in digital technology are exploited by perpetrators to operate across borders with ever-evolving methods, demanding adaptation from law enforcement agencies. This study aims to: (1) Describe the role of the police in law enforcement against online gambling networks; (2) Analyze the weaknesses of this police role; and (3) Determine the level of effectiveness of justice-based law enforcement, with a case study on the Cyber Directorate of the West Java Regional Police. This research uses a socio-legal research method with a qualitative approach. Primary data was collected through interviews and observation at the Cyber Directorate of the West Java Regional Police, while secondary data was sourced from primary, secondary, and tertiary legal materials. Data analysis was conducted descriptively-qualitatively to understand the gap between law in books and law in action. The results indicate that the Police's role includes preventive efforts (site blocking, outreach) and repressive efforts (investigation, arrests). However, its effectiveness still faces significant weaknesses, such as a less adaptive legal framework, limitations in human resources and digital forensic technology, and the complexity of evidence gathering. It is concluded that effective and just law enforcement requires a holistic strategy that not only relies on a repressive approach but also strengthens preventive-educative aspects, inter-agency coordination, enhanced investigative capacity, and active community participation.
Analysis of the Implementation of the Royalty System for Song Playback in Coffee Shops Based on Copyright Law in Indonesia Cahyono, Singgih Eko; Maerani, Ira Alia
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.v20i4.51075

Abstract

Abstract. The development of technology and digitalization has had a significant impact on the dynamics of the creation and distribution of intellectual works, such as music, books, designs, and software. In today's creative economy, creative works not only have aesthetic and cultural value but also have high economic value, making them one of the main sources of income for creators. In this context, the royalty system is an important instrument to provide compensation for the use of works, especially for commercial purposes. The large population in Indonesia has led to a variety of activities among Indonesians, one of which is playing and performing music, whether the performers are musicians directly or indirectly. The definition of song/music is basically slightly different but interrelated. A song is a musical unit consisting of a series of consecutive notes, each song is determined by the length, shortness, and pitch of the notes, and the rhythm also provides certain variations to a song. The song/music itself is a unified work of creation. The definition of creation according to Article 1 paragraph 3 of Law Number 28 of 2014 concerning Copyright is every creative work in the fields of science, art, and literature produced by inspiration, ability, thought, imagination, dexterity, skill, or expertise expressed in a tangible form. The development of an increasingly modern era, driven by the rapid advancement of information technology in the era of globalization, has brought major changes in various aspects of business ranging from investment, industry, to product marketing methods. This change is also followed by Intellectual Property in this case that is used in the process of product manufacturing and marketing. In the present era, the influence of globalization has touched almost all aspects of life, including the social, economic, and cultural fields. One of the most noticeable impacts is on the products of human thought and creativity, such as various works in the fields of science, art, and literature. Advances in digital technology make these works, including songs and music, easily disseminated and accessible to the wider community in various parts of the world. Many creative works are then used without permission or even pirated. Therefore, a clear legal protection system is needed to safeguard the rights of creators, performers, and other related rights holders. This protection is crucial to ensure that creators receive the recognition and compensation they deserve for their work.
Criminal Liability in the Crime of Theft with Benefit-Based Aggravation (Case Study of Criminal Case Decision No. 666/Pid.B/2024/ Pn Mks) Aurelia, Mevifah De Nanda; Ma’ruf, Umar
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.v20i4.51026

Abstract

Abstract. The crime of aggravated theft, as stipulated in Article 363 of the Criminal Code (KUHP), constitutes a violation of human rights, particularly the right to property. This study aims to determine and analyze the criminal liability for aggravated theft based on expediency and the weaknesses of criminal liability for perpetrators of aggravated theft based on expediency, as outlined in Criminal Case Decision No. 666/Pid.B/2024/Pn Mks, as well as the formulation of the crime of aggravated theft based on expediency. This research method uses a socio-legal (juridical-sociological) approach. The research specification used is descriptive analysis. In this study, the types of data used are divided into two main categories: primary data and secondary data. Data collection methods in this study were conducted by combining normative and empirical approaches, namely through literature studies, field observations, and in-depth interviews. The problem is analyzed using the Theory of Criminal Responsibility, Theory of Legal Systems and Theory of Legal Utilities. The results of the study indicate that the criminal liability of the perpetrator of the crime of aggravated theft based on expediency in Decision Number 666/Pid.B/2024/PN Mks indicates that the judge assessed that all elements of the crime stipulated in Article 363 of the Criminal Code, both objective and subjective, were fulfilled, so that the defendant was legally and convincingly proven guilty. Weaknesses in the application of criminal liability based on expediency in this case include the lack of adequate consideration of the defendant's social, psychological, and economic aspects, as well as the lack of consideration of the defendant's social, psychological, and economic aspects. The formulation of the crime of aggravated theft based on expediency should integrate preventive, repressive, and restorative approaches in a balanced manner, so that the objectives of punishment can be achieved comprehensively.
The Effectiveness of the Implementation of Termination of Prosecution in Criminal Cases of Assault Based on Restorative Justice (Case Study of the Kapuas Hulu District Attorney's Office) Simarmata, Rustam Efendi P; 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.v20i4.51064

Abstract

Abstract. This research is motivated by the increasing use of restorative justice mechanisms in resolving criminal acts of assault as a form of reforming the criminal justice system oriented towards more humanistic, participatory justice and social restoration. The Kapuas Hulu District Attorney's Office is one of the law enforcement institutions that implements the termination of prosecution based on restorative justice in accordance with the Republic of Indonesia Attorney General's Regulation Number 15 of 2020. This study aims to determine the implementation of the termination of prosecution in assault cases based on restorative justice, analyze weaknesses in its implementation, and assess its current effectiveness and potential effectiveness in the future. The research method used is normative juridical with a socio-legal approach (socio-legal research/studies) needed to address issues of social injustice. Data sources consist of primary, secondary, and tertiary legal materials which are analyzed qualitatively to produce a comprehensive picture of the implementation of the policy of termination of prosecution based on restorative justice. The results of the study indicate that the implementation of restorative justice in the Kapuas Hulu District Attorney's Office has quite high effectiveness, evidenced by the acceleration of case resolution, recovery of victim losses, and the creation of harmonious social relations after the case. However, various weaknesses remain, such as limited mediator capacity, a lack of public understanding of restorative justice, potential social pressure on victims to reconcile, and suboptimal oversight of the implementation of peace agreements. This research emphasizes the need to improve the quality of human resources, strengthen regulations, and optimize institutional support to ensure the implementation of restorative justice is more effective in the future.
Legal Analysis of the Authority of Regional Governments in the Management of Regional Public Hospitals with the Status of Regional Public Service Agencies (Blud) from the Perspective of State Administrative Law Yusriyani, Yusriyani; Widayati, Widayati
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.v20i4.51128

Abstract

Abstract. The development of the management of the Regional General Hospital is an effort by the government to overcome various problems that always arise in the management of government hospitals, namely the difficulty of predicting the service needs of the community and the need for resources to support them. The purpose of this study is to analyze and describe the authority of the regional government in the management of regional general hospitals with the status of Regional Public Service Agency (BLUD) from the perspective of state administrative law. To analyze and describe the weaknesses of the regional government in the management of regional general hospitals with the status of Regional Public Service Agency (BLUD) from the perspective of state administrative law. To analyze and describe efforts to overcome the weaknesses of the regional government in the management of regional general hospitals with the status of Regional Public Service Agency (BLUD) from the perspective of state administrative law. The method used by the researcher is a normative juridical research method, with the approaches used being a legislative approach and a conceptual approach. This research is prescriptive research. The data sources and types used in this study are secondary data obtained from literature studies. The data were analyzed qualitatively using welfare state theory, legal effectiveness theory, and authority theory. Based on the results of the study, the authority of regional governments in managing Regional General Hospitals (RSUD) with the status of Regional Public Service Agencies (BLUD) is rooted in the principle of regional autonomy, where regional governments have the right to organize government affairs, including health affairs. From the perspective of state administrative law, this authority includes planning, implementation, guidance, and supervision that are more flexible than ordinary SKPD, with the aim of improving the professionalism and quality of public services. This flexibility is especially in financial management, where BLUD RSUD is given leeway to implement healthy business practices for the sake of efficiency and effectiveness of services. The weaknesses of regional governments in managing RSUD with BLUD status, from the perspective of state administrative law, include the weakness of incompetent human resources, the lack of understanding of the regional bureaucracy regarding the essence of BLUD, the dynamics of official turnover that hinders sustainability, and limited internal control that can lead to the risk of opportunistic behavior. In addition, there are also obstacles beyond the direct control of regional governments such as the mistaken view that BLUD aims to seek commercial profits. Efforts to address regional government weaknesses in managing regional public hospitals (RSUD) and hospitals (BLUD) from a state administrative law perspective include increasing human resource capacity and understanding of BLUD regulations, improving financial governance and optimal use of information systems, and strengthening communication synergies between regional governments and hospitals. Furthermore, it is necessary to prepare supporting instruments such as operational guidelines, promote transparency and accountability, and implement principles of efficiency and entrepreneurship.
Implications of Legal Problems for Police Efforts to Eradicate Online Gambling Crimes W, Ratu Kenya; Gunarto, Gunarto
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.v20i4.51037

Abstract

Abstract. Many online gambling operators are based overseas, making national jurisdictions inadequate for effective legal proceedings. Extradition processes, requests for mutual legal assistance (MLA), and international cooperation are essential, but their implementation is not always smooth due to differences in legal systems and political interests between countries. Therefore, the government and the police need to take effective steps to prevent and stop online gambling practices in society. Based on this situation, efforts to address the problem of online gambling require effective criminal law policies. The purpose of this study is to determine and analyze (1) the dynamics of online gambling in Indonesia from the perspectives of legal sociology and positive law, (2) current police efforts to eradicate online gambling crimes, and (3) legal issues hindering police efforts to eradicate online gambling crimes. The approach used in this study is normative juridical. The research specifications are descriptive and analytical. The data sources used are secondary data. Secondary data is data obtained from library research, consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The research results and discussion can be concluded as follows: (1) Legal sociology considers that in the public's view, it is necessary to improve legal doctrine so that the public can understand the dangerous and destructive impacts of online gambling as well as legal doctrine on the effectiveness of law enforcement against the sources of the increase in online gambling itself. Modernization of law against online gambling is applied to legal products in Law Number 1 of 2024 concerning Electronic Information and Transactions. (2) Technically, the Police eradicate online gambling in collaboration with the Ministry of Communication and Digital, one of the efforts carried out by the National Police's Cyber Crime Directorate is to carry out formal supervision through cyber patrol techniques. The main purpose of carrying out formal supervision is to create a deterrent effect on criminals because the risk of being caught is high. One implementation of this strategy is in the form of the Cyber Patrol method carried out by Sub-Directorate 3 of the Cyber Crime Directorate of the National Police's Criminal Investigation Agency. (3) The Police need support from the government in the form of formulations from a legal and foreign policy perspective to further legitimize Police actions in reaching online gambling crime subjects located abroad. In many cases, online gambling servers or perpetrators' social media accounts are based abroad. When the data and perpetrators are in different jurisdictions, Indonesian authorities must go through a lengthy international cooperation mechanism.
The Constitutionality of the Proposal to Extend the Term of Office of Village Heads in the Principles of Democracy Mubarok, Muhammad; Dwi Istinah, Siti Rodhiyah
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.v20i4.51032

Abstract

Abstract. The extension of the village head’s term of office emerged following numerous demonstrations by village heads. Article 39 of the Village Law stipulates that the Village Head holds office for six years from the date of inauguration. A Village Head may serve a maximum of three consecutive or non-consecutive terms. However, the Village Head rejected this provision and requested that Article 39 of the Village Law be revised, allowing the village head’s term of office to be extended from six years to nine years. This is despite Constitutional Court Decision No. 42/PUU-XIX/2021 providing a constitutional interpretation of the term limit for Village Heads. This study aims to address the constitutionality of the Village Head’s term limit following the Constitutional Court Decision and its impact on village law and governance. This research utilizes both a legislative and conceptual approach. The research findings indicate that the limitation on the term of office of Village Heads in Constitutional Court Decision No. 42/PUU-XIX/2021 was implemented based on democratic principles and the spirit of the limitations required by the 1945 Constitution, modeled on the positions of President and Regional Heads. Furthermore, the urgency of extending this term of office is based on the need to increase productivity, complete village development, and reduce post-election polarization. However, negative implications such as the potential for authoritarianism, abuse of power, and stagnation in leadership regeneration make this proposal controversial. Furthermore, excessively long term extensions can lead to political saturation and reduced community participation in village democracy.
Policy on Implementing the Results of Facial Recognition Examination to Support the Disclosure of Criminal Acts with Minimal Fingerprint Evidence Fajrin, Suci; Tri Bawono, Bambang
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.v20i4.51122

Abstract

Abstract. Modern law enforcement requires technological support capable of strengthening criminal investigations, particularly when conventional evidence such as fingerprint traces is unavailable or insufficient. One of the recurring challenges in criminal investigations is the absence of fingerprint evidence, which has long served as a primary tool for identifying perpetrators. This study aims to analyze the policy implementation of facial recognition examination in supporting the disclosure of criminal acts with minimal fingerprint evidence, using a case study of forgery and land embezzlement reported under Police Report Number LP/B/24/I/2024/SPKT/BARESKRIM POLRI dated January 19, 2024. This research employs a normative-empirical legal method with a qualitative descriptive approach. Primary and secondary legal materials are analyzed using the theory of legal certainty and the legal system theory to evaluate the legality, effectiveness, and challenges surrounding the use of facial recognition technology in criminal justice proceedings. The findings indicate that facial recognition plays a strategic role in directing investigations when fingerprint evidence is absent and successfully revealed the actual identity of the individual impersonating the rightful landowner in this case. However, facial recognition cannot serve as a standalone primary evidence; instead, it functions as supplementary indicative evidence that must be corroborated with other lawful evidence in accordance with the Criminal Procedure Code (KUHAP) and the Electronic Information and Transactions Law. This study concludes that the use of facial recognition in criminal investigations represents a significant advancement in digital evidence, yet it still encounters challenges involving the absence of specific regulations, potential algorithmic bias, and concerns regarding personal data protection. Therefore, clear regulatory frameworks, national forensic standards, and capacity-building for law enforcement officers are essential to ensure that this technology is applied accountably and in accordance with the principle of legal certainty.
Criminal Law Enforcement Against Land Grabbers in the Jambi Regional Police Jurisdiction Mujib, Muhamad; Arifulloh, Achmad
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.v20i4.51027

Abstract

Abstract. Based on the provisions of the 1945 Constitution, Law Number 5 of 1960 concerning Basic Agrarian Regulations was drafted. One of the objectives of the Basic Agrarian Law (UUPA) is to provide legal certainty regarding land rights held by the community. An individual or legal entity wishing to have their land ownership officially recognized by the state and their rights guaranteed must register the land to obtain written proof, in the form of a land certificate. A land certificate can be obtained through land registration. Land registration can help determine the status, ownership, rights, area, and use of the land. According to Santoso, proof of land rights is indicated by the existence of a certificate. In reality, the land registration process is still far from perfect. In Indonesia, only about 44 million plots of land have been registered out of approximately 125 million plots of land, calculated from the emergence of the UUPA until 2016. Then in 2017, the Complete Systematic Land Registration Program (PTSL) was formed by the Ministry of ATR/BPN with a target of certifying 126 million plots of land by 2025 in Indonesia. Land certificates serve as a guarantee of legal certainty, as long as no other party can deny it. In general, besides certificates, there are other formal documents that function as documents of land ownership rights, namely ownership deeds. In the negative land registration system, the formal document is referred to as a "deed" of ownership, while in the positive land registration system, the formal document is referred to as a "certificate" of rights. The purpose of land owners in registering land is to obtain a land certificate, so the general public only knows the term certificate in terms of land registration. Meanwhile, the term "deed" refers to an authentic deed prepared by a Land Deed Official (PPAT) and a notary, whose function is to mark land transfers such as inheritance deeds, waqf pledges, sales and purchases, and so on. In Indonesia, cases of land grabbing have long been commonplace, even dating back to the colonial era. The word "encroachment" can mean occupying land or buildings owned by another person without regard to legal regulations. In Latin, this offense is called stellionat, which means embezzlement of rights over immovable objects. In this case, what is meant is land, houses, rice fields, buildings, and so on.

Page 36 of 39 | Total Record : 385

 34   35   36   37   38 

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