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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 385 Documents
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Analysis of the Degree of Credibility of Witness Statement Evidence and Visum Et Repertum in Fulfilling Material Truth in the Criminal Justice System: A Qawa'id Fiqhiyyah Perspective Manalu, Salman Syafriadi
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.v20i4.51070

Abstract

Abstract. Evidence in criminal cases is a fundamental aspect that determines whether a criminal event actually occurred and whether a defendant can be held legally accountable. Evidence is not merely a formal process, but a means to discover material truth, the primary goal of criminal justice. This requires that every piece of evidence presented be credible and capable of making a real contribution to reconstructing the criminal event. In the Indonesian criminal justice system, the principle of material truth requires judges not to stop at formal truth, but rather to carefully and thoroughly explore the facts so that the verdict rendered truly reflects the actual situation. Therefore, each piece of evidence must be critically examined, not only in terms of quantity, but especially in terms of the quality and consistency of the information provided. Witness testimony is the most frequently used form of evidence in the process of proving criminal acts. In many cases, witnesses are considered to have direct knowledge of the criminal event, so their testimony is often key in constructing the facts. However, heavy reliance on testimony is problematic because it is highly subjective. The subjectivity of testimony stems from various factors, such as limited memory, differences in perception, psychological pressure, and even emotional influence on certain parties. Witnesses may experience distortions in what they see or hear, so the information they convey may not always align with objective facts. This situation presents unique challenges to the evidentiary process.
Legal Issues Regarding the Role of the Police in Carrying Out Investigations into Human Trafficking Crimes Rachman, Zaqi Ur; 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.v20i4.51129

Abstract

Abstract. The interrelationship between investigators and relevant agencies responsible for protecting victims of human trafficking has also not been optimized. Another problem, which often presents an obstacle, is a lack of understanding of the legal substance of the criminal provisions of the Law on the Eradication of Human Trafficking, which results in delays in case resolution and/or disagreements between investigators and prosecutors regarding the interpretation and analysis of criminal cases under investigation. The aim of this research is to determine and analyze (1) the systematic development of human trafficking in Indonesia, (2) the police's investigative methods for human trafficking crimes, and (3) the legal problems of police investigations into human trafficking crimes. The approach method used in this research is normative juridical. The specifications of this research are analytical descriptive. 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 research results and discussion can be concluded: (1) In the case of human trafficking in Indonesia, which has been a hot topic in the news for the past few years, the practice has increased, with several ASEAN countries, namely Myanmar, Thailand, Cambodia, Vietnam, and Laos, as the destination for exploitation. The highest number of human trafficking cases is Cambodia. (2) Mechanistically, the first step taken is an investigation and inquiry into reports of suspected human trafficking. Investigators use modern investigative techniques to uncover human trafficking networks that frequently change locations to avoid detection by law enforcement. The process of investigating human trafficking cases begins with receiving reports from the public or findings in the field. In this process, investigators have the authority to receive reports/complaints, both in writing, verbally, and electronically, regarding suspected human trafficking. (3) The problems that arise in the police's efforts to investigate human trafficking crimes are primarily due to the characteristics of this crime, which is carried out through a disconnected network pattern. This makes it difficult to handle or prevent human trafficking. The disconnected network starts from recruitment, transportation, and shelter.
Optimizing Criminal Sanctions Against Children as Murder Perpetrators from the Perspective of Modern Punishment Objectives Maharanti, Resa Ayuning; 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.v20i4.51058

Abstract

Abstract. This research examines the effectiveness and optimization of criminal sanctions imposed on children who commit murder, using the framework of modern sentencing theory and Indonesia’s juvenile criminal justice system. The study adopts a normative juridical approach combined with judicial analysis of Court Decisions 12/Pid.Sus-Anak/2020/PN Jkt.Pst and 7/Pid.Sus-Anak/2025/PN Kka. The findings reveal that although the Juvenile Justice System Act emphasizes rehabilitation and the best interests of the child, the practical implementation remains less effective due to persistent punitive tendencies, limited rehabilitative facilities, and the absence of specific sentencing guidelines for juvenile offenders in serious crimes. Variations in judicial reasoning between the two decisions also indicate disparities, particularly in assessing psychological conditions, social background, culpability levels, and sentencing objectives. This study proposes an integrative model for optimizing juvenile sentencing through individualized assessments, enhanced institutional capacity of juvenile correctional facilities, harmonized sentencing guidelines, and strengthened restorative justice values. Such an approach ensures that sentencing aligns with the rehabilitative and preventive aims of modern penology while still upholding societal justice.
An Analysis of the Criminal Liability of Medical Personnel in Illegal Abortion Cases in Indonesia Sudarmanto, Sudarmanto; 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.v20i4.51123

Abstract

Abstract. The Preamble of the 1945 Constitution affirms the state’s objectives to protect all citizens, promote welfare, enlighten the nation, and uphold justice. Law as the state’s pillar guarantees order and protection of individual rights, including the fetus’s right to life. The phenomenon of illegal abortion arises from social pressures, unplanned pregnancies, and lack of education. Law enforcement and protection of women’s reproductive rights are crucial to prevent illegal abortion while maintaining justice and social welfare. The research aims to describe and analyze criminal liability of medical personnel in illegal abortion cases in Indonesia and to describe and analyze legal principles relevant to determining their liability under criminal law doctrine. This research applies a qualitative legal method with a normative juridical approach and descriptive character. Secondary data are obtained from primary, secondary, and tertiary legal materials through literature study. Qualitative descriptive analysis is employed to examine criminal liability of medical personnel in illegal abortion cases in Indonesia systematically and comprehensively. The research results show that criminal liability of medical personnel in illegal abortion cases in Indonesia is strictly regulated in the Criminal Code Articles 346 to 349, and Law No. 17 of 2023 on Health prohibits abortion, except as stipulated in the Criminal Code. Articles 427–428 of the Health Law impose imprisonment up to 15 years, with aggravation for medical personnel and potential revocation of practice licenses. Government Regulation No. 28 of 2024 as implementing regulation allows safe abortion in cases of pregnancy due to sexual violence, medical emergencies, and pregnancies up to 14 weeks under the new Criminal Code. Comparisons with other countries, such as Singapore allowing abortion up to 24 weeks with mandatory counseling and Cambodia permitting abortion up to 12 weeks for any reason, show Indonesia’s stricter regulation. Based on MUI Fatwa No. 4 of 2005, abortion for rape victims is permissible before the fetus reaches 40 days due to emergency grounds. The Indonesian Medical Code of Ethics emphasizes that illegal abortion constitutes both ethical and legal violations, underlining the principles of non-maleficence, protection of life, and the purpose of law enforcement to deter and prevent unsafe abortion practices. The relevant legal principles in determining criminal liability of medical personnel performing illegal abortions under criminal law doctrine are that criminal law principles serve as essential guidelines, including the principle of legality, principle of fault, principle of no crime without act, principle of proportionality, and principle of protection of legal interests. The principle of legality ensures punishment only when stipulated by law, the principle of fault requires intent or negligence, and the principle of no crime without act demands proof of actual conduct. The proportionality principle guarantees balance between punishment and culpability, while the principle of protection of legal interests safeguards the fetus’s right to life, maternal health, public order, and the integrity of the medical profession.
Legal Analysis of the Differences between the Democratic System in Indonesia and Other Countries Mukhtasor, Mukhtasor; 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.v20i4.51033

Abstract

Abstract. This research is motivated by the significant differences between Indonesia’s democratic system and those of other countries, each shaped by distinct constitutional traditions. Indonesia’s democracy, grounded in Pancasila and the 1945 Constitution, exhibits unique characteristics that require deeper examination to understand how constitutional norms regulate governmental authority, public participation, and the relationship among state institutions. The objective of this research is to analyze the characteristics of Indonesia’s democracy, compare it with other democratic systems, and assess the juridical implications for governance administration. This study employs a normative juridical method using statutory, conceptual, and comparative approaches. The analysis is conducted through an examination of the 1945 Constitution, legislation related to democratic governance, and the constitutions of selected countries for comparison. The comparative approach helps identify fundamental differences between Indonesia’s presidential system and the parliamentary, federal, or semi-presidential systems of other nations. The findings reveal that differences in democratic systems have direct implications for checks and balances, the central–regional relationship, public participation mechanisms, and the capacity of representative institutions to supervise the executive. Comparative insights indicate that Indonesia must strengthen oversight regulations, clarify regional authority, and enhance legislative transparency to maintain governmental stability while upholding constitutional democratic principles.
Legal Review of the Implementation of the Investigation System for Money Laundering Crimes Huda, Muhammad Al; 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.v20i4.51028

Abstract

Abstract. From a legal political perspective, money laundering has become a crucial link in the crime chain. The Law on the Prevention and Eradication of Money Laundering does not have a comprehensive special procedural law, although money laundering is classified as a serious crime under Law Number 1 of 2023 concerning the Criminal Code (KUHP). Other serious crimes, such as terrorism, narcotics, or corruption, have special procedural laws that clarify the series of activities investigators must undertake to establish evidence. The aim of this research is to find out and analyze (1) the elaboration of the development of money laundering crimes globally and nationally, (2) the system for investigating money laundering crimes from a legal perspective, (3) legal problems in efforts to investigate money laundering crimes. The approach method used in this research is normative juridical. The specifications of this research are analytical descriptive. 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 research results and discussion can be concluded: (1) In the history of business law, the emergence of money laundering began in the United States since 1930. The centers of large gangsters who were skilled at money laundering in the United States were known as the legendary group Al Capone (Chicago). In the national scope, Indonesia only viewed the practice of money laundering as a crime and set sanctions for the perpetrators when Law No. 15 of 2002 concerning money laundering was enacted. (2) The crime of money laundering is a crime that arises from a previous crime or a subsequent crime. The investigation system with a special method which is the interpretation of the scheme for starting the investigation of the crime of money laundering is Parallel Investigation, Independent Investigation, and Further Investigation. (3) The existence of disparities in interpretation of the provisions of the Law on the Crime of Money Laundering will have implications for many perpetrators of the crime of money laundering who have the potential to be free/escape from legal prosecution. This is because from the perspective of law enforcement, the actions carried out by the perpetrators are not Money Laundering Crimes because there is not perfect placement, layering and integration, or the fraudsters are considered not to fulfill the element of knowing or suspecting "assets resulting from crime".
Legal Analysis of Justice-Based Criminalization of Perpetrators of Domestic Violence (Case Study Number 1/Pid.Sus/2025/Pn Tjt) Fajar, Sefriana; 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.v20i4.51071

Abstract

Abstract. Harmony and integrity within a household can be disrupted if self-quality and self-control are not maintained. This condition has the potential to give rise to domestic violence which results in feelings of insecurity and injustice for family members. Therefore, the state and society have an obligation to undertake preventive measures, provide protection to victims, and prosecute perpetrators in accordance with the values of Pancasila and the mandate of the 1945 Constitution of the Republic of Indonesia. Legal development is not only limited to formulating rules, norms, or principles, but must be carried out systematically and comprehensively. This includes thorough legal planning, the formation of new regulations based on Pancasila and the 1945 Constitution of the Republic of Indonesia, the implementation and provision of quality legal services, and effective and efficient law enforcement, while still upholding humanitarian values. Essentially, criminal law reform is a concrete manifestation of changes and improvements to various aspects and policies that form its background. Therefore, a planned and systematic legal development is needed to accelerate the renewal and formation of the existing legal system in Indonesia. Law Number 23 of 2004 concerning the Elimination of Domestic Violence was ratified in Jakarta on September 22, 2004 and signed by Megawati Soekarnoputri as the President of the Republic of Indonesia at that time. Law Number 23 of 2004, which is often referred to as the PKDRT Law, firmly states that every citizen has the right to live safely and free from all forms of violence, based on the values of Pancasila and the 1945 Constitution. The main objective of this regulation is to eliminate the practice of domestic violence while creating a balance of position between husband and wife, children and parents, as well as between the nuclear family and parties involved in household life, which is an important factor in preventing domestic violence.
Legal Protection for Medical Personnel in Providing Clinical Services Through Telemedicine Based on Law of the Republic of Indonesia Number 17 of 2023 Concerning Health Masbuhin, Masbuhin; Sulchan, 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.v20i4.51023

Abstract

Abstract. Advances in information technology have driven the adoption of telemedicine as a new method of clinical service delivery, offering greater accessibility and efficiency. However, the implementation of telemedicine, which involves long-distance communication and technological complexity, raises crucial issues regarding the responsibilities and legal protections of medical personnel. This research is relevant in light of the enactment of Law Number 17 of 2023 concerning Health, which serves as the latest legal basis for regulating the health ecosystem in Indonesia, including telemedicine. This study aims to analyze and identify the form and scope of legal protection provided to medical personnel in providing clinical services via telemedicine, based on the provisions stipulated in Law of the Republic of Indonesia Number 17 of 2023 concerning Health. Furthermore, this study also examines the potential legal risks faced by medical personnel and the implications of the latest Health Law in ensuring legal certainty for telemedicine practices. This research employs a normative legal research method, with a statute approach and a conceptual approach. Data sources include primary legal materials (primarily Law No. 17 of 2023), secondary legal materials (literature, journals, and related legal documents), and tertiary legal materials. The analysis was conducted qualitatively and descriptively to draw logical and solution-oriented conclusions. The research findings show that Law No. 17 of 2023 explicitly recognizes and regulates the implementation of telemedicine as part of the health transformation. Legal protection for medical personnel is accommodated through more comprehensive regulations regarding professional service standards, practice permits, electronic medical records, and guarantees related to the handling of complaints and disputes. However, this research identified gaps or ambiguities in technical regulations regarding the authority and limitations of cross-regional/national telemedicine practices, as well as protection against diagnostic/therapeutic errors influenced by technological limitations, which have the potential to pose legal risks. Law No. 17 of 2023 concerning Health provides a stronger foundation for legal protection for medical personnel in telemedicine practices, but needs to be followed up with detailed and clear implementing regulations. Effective legal protection requires a synergy between strong regulations, the implementation of strict professional standards, and the use of technology that ensures data security and patient confidentiality.
The Role of the Police in Creating Legal Effectiveness in Facing the Dynamics of the Indonesian Criminal System Putra, Zarma; 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.v20i4.51130

Abstract

Abstract. There is a need for a paradigm shift in the criminal justice system across all subsystems, including the police, as the primary entry point for criminalization, which is then pursued through criminal justice, or what is known as the gatekeepers of the criminal justice system. The police, whose role is crucial in addressing Indonesia's criminal justice system challenges, need a concrete response to the evaluation of various issues in criminal law enforcement and sentencing. The aims of this research are (1) the nature of the reality of the development of the Indonesian criminal justice system, (2) the role of the Police in realizing legal effectiveness in addressing the problems of Indonesian criminal justice, (3) a formulative concept for the Police in achieving legal effectiveness in the Indonesian criminal justice system. The approach method used in this research is normative juridical. The specifications of this research are analytical descriptive. 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 research results and discussion can be concluded: (1) According to the provisions in Article 10 of the Criminal Code, the types of criminal sanctions are divided into several types, including the main penalty consisting of the death penalty, imprisonment, detention, and fines. Then the additional penalties consist of the revocation of certain rights, confiscation of certain items, and the announcement of the judge's decision. (2) The presence of Police Regulation No. 8 of 2021 concerning Restorative Justice provides space for Police members in the Criminal Investigation Unit to resolve cases more quickly and provides normative guidelines for acting to resolve criminal cases using the restorative justice method. In terms of handling cases as determined by Police Regulation No. 8 of 2021, it can be seen that when there is a criminal complaint report where the severity of the case is assessed to be categorized as a light criminal case, that is when restorative justice is attempted. (3) The agenda for legal reform in the process of resolving criminal cases with restorative justice is outlined in the formal source of criminal law, namely the Criminal Procedure Code, as an idea of legal legitimacy for the realization of the legality of the application of restorative justice, which will be more precise and will fulfill legal certainty if accompanied by adequate and comprehensive legal instruments.
Formulation of Settlement of Criminal Cases of Drug Addicts by Prosecutors Using a Restorative Justice Approach Santosa, Rischy Akbar
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.v20i4.51059

Abstract

Abstract. Attorney General's Guideline Number 18 of 2021 concerning the Settlement of Narcotics Abuse Criminal Cases Through Rehabilitation with a Restorative Justice Approach as Implementation of the Principles Mr. Litis Prosecutor. This Prosecutor's Guide emphasizes restorative justice, prioritizing rehabilitation over incarceration for drug users. The purpose of this study is to analyze and identify the current approach to drug addiction cases handled by prosecutors. To analyze and identify weaknesses in the current approach to drug addiction cases handled by prosecutors. To identify a formulation for resolving drug addiction cases by prosecutors using a restorative justice approach. This thesis is written using the theory of restorative justice, the theory of legal systems and progressive legal theory, the sociological juridical approach method, the research specifications are descriptive analysis, the data sources consist of primary data and secondary data taken from primary legal materials, secondary legal materials, tertiary legal materials, data collection techniques through observation and interviews. The results of the study show that the resolution of drug addict criminal cases by prosecutors is currently guided by Guideline Number 18 of 2021, which is a new reference for public prosecutors to optimize the resolution of drug abuse criminal cases through rehabilitation with a restorative justice approach as an implementation of the principle the owner of the suit Prosecutors. There needs to be alignment and harmonization between these guidelines and various laws and regulations. Weaknesses in the legal structure include limited human resources, very limited availability of rehabilitation facilities, and a lack of operational funds. Weaknesses in the legal substance include the unclear norms of Narcotics Law Number 35 of 2009 concerning narcotics, and the absence of a law that explicitly authorizes the prosecutor's office to carry out rehabilitative measures at the prosecution stage. Weaknesses in the legal culture include a lack of public knowledge about rehabilitation, users' fear of being imprisoned, and concerns about family reputation. The formulation of drug addict criminal cases by prosecutors using a restorative justice approach, namely through alignment and harmonization between Prosecutor's Guideline Number 18 of 2021 concerning the Settlement of Narcotics Abuse Criminal Cases Through Rehabilitation and a Restorative Justice Approach as the Implementation of the Principles Mr. Litis with the Criminal Procedure Code.

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