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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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Medicolegal Aspects of Nursing Practice in the Emergency Room of Bhayangkara Hospital, Semarang Yudhana, Syela Ambri; 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.v20i4.51125

Abstract

Abstract. This study aims to analyze the implementation of medicolegal legal aspects in nursing practice at the Emergency Department (ED) of Bhayangkara Hospital Semarang, identify the constraints faced, and formulate efforts to improve understanding and implementation. This research uses empirical legal research methods with a sociological juridical approach and a case study design. Data were obtained through in-depth interviews with the Head of the ED, observation, and documentation studies, which were then analyzed using qualitative data analysis techniques from the Miles and Huberman model. The results show that the implementation of medicolegal aspects in the ED of Bhayangkara Hospital Semarang has generally been carried out in accordance with applicable professional standards and regulations, with nurses having carried out legal responsibilities (civil, criminal, administrative) as well as independent and collaborative authority based on Law No. 38 of 2014 concerning Nursing. However, several main constraints were found, namely: (1) the lack of patient family understanding of legal provisions in emergency situations; (2) misconceptions regarding the limits of nurses' authority; (3) documentation constraints in emergency conditions; (4) communication barriers with patient families; and (5) limited resources and regulatory complexity. Based on these findings, this study recommends a series of comprehensive improvement efforts, including continuous education for nurses, development of efficient documentation systems, improved communication with patient families, strengthening institutional support, and public education.
Effectiveness of Law Enforcement in Corruption Crime Investigations (Case Study of the Ternate Police Resort, North Maluku) Zanira, Naufal Fajar; 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.v20i4.51034

Abstract

Abstract. The investigation of corruption cases is a crucial stage in law enforcement because it determines the quality of evidence and the continuation of the judicial process. At the Ternate Resort Police, efforts to combat corruption face various challenges, ranging from case complexity to limited resources. This study aims to evaluate the effectiveness of law enforcement in the investigation of corruption crimes at the Ternate Resort Police and to identify the obstacles affecting investigator performance, thereby formulating strategies to enhance accountability and professionalism in the investigation process. This research employs an empirical legal method with a qualitative approach. Data were obtained through literature review, examination of official investigative documents, in-depth interviews with investigators, and direct observation of ongoing case handling. The analysis was conducted descriptively and analytically by referring to Lawrence M. Friedman’s legal system theory and Soerjono Soekanto’s factors of legal effectiveness, enabling a comprehensive assessment of the interplay among legal substance, legal structure, and legal culture in the practice of corruption investigations. The findings show that corruption investigations at the Ternate Resort Police generally adhere to procedural requirements, and several cases have successfully reached the P21 stage. However, law enforcement effectiveness is not yet optimal due to limited personnel and investigator competence, inadequate investigative facilities, the complexity of document-based evidence, and coordination challenges among institutions. This study highlights the need for strengthening investigator capacity, improving investigative infrastructure, and developing more robust inter-agency coordination mechanisms as strategic measures to enhance the effectiveness of corruption case investigations in the region.
A Legal Analysis of the Handling of Theft Criminal Investigations and the Implementation of Restorative Justice in an Effort to Formulate an Ideal Justice System in Batam City Ul-Husna, Muhammad Brata; 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.v20i4.51029

Abstract

Abstract. In the preamble to the 1945 Constitution, paragraph 4, it is emphasized that the national goal of the State of Indonesia is to protect all Indonesian people and all of Indonesia's homeland and to advance general welfare, to educate the nation's life and to participate in implementing world order based on independence, eternal peace and social justice. The implementation of the national goal in order to realize the noble ideals of the Indonesian nation towards a just and prosperous society based on Pancasila and the 1945 Constitution, is realized through the existence of a national development program. Indonesia is a state of law. The affirmation of Article 1 paragraph (1) of the 1945 Constitution is that the state guarantees every Indonesian citizen equal standing before the law. This is regulated in Article 27 Paragraph (1) of the 1945 Constitution which reads: "All citizens have equal standing before the law and government and are obliged to uphold the law and government without exception." In state activities, the law determines everything. The law is the commander. The law is a system of rules. What leads us is that system of rules, not individuals who happen to hold positions. Public office holders come and go dynamically, but the regulatory system is stable and relatively permanent. The statement that Indonesia is a State of Law also has the consequence that Indonesia applies law as an ideology to create order, security, justice, and welfare for its citizens, so that the law is binding on every action taken by its citizens. In every state of law, perpetrators of violations of legal norms are required to be accountable for their actions. Because legal norms are created to be obeyed, if violated, sanctions will be imposed. For example, the State of Indonesia firmly states that Indonesia is a State Based on Law and not based on mere power. From the above definition, it can be concluded that Indonesia is a state of law, where all behavior of its citizens must be guided by existing legal norms. Law functions to regulate relations between one person and another and between humans and the state, so that everything runs in an orderly manner. Therefore, the purpose of law is to achieve peace by realizing legal certainty and justice in society. Legal certainty requires the formulation of clear and firm rules in legislation.
Formulation of Hospital Legal Responsibility in Sexual Violence Cases Based on Legal Certainty Trisnadi, Setyo; 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.v20i4.51073

Abstract

Abstract. Sexual violence in hospitals is a serious legal violation that can violate the human right to a sense of security. Hospitals, which should be places of healing and recovery for patients who come to their place, have instead become places where sexual violence occurs that threaten human dignity and violate the law. Research objectives: To identify and analyze the weaknesses of hospital legal accountability, the formulation of hospital legal accountability in cases of sexual violence based on Legal Certainty. This legal research method is a social legal research design with a legislative approach method, a case approach method, and a comparative approach method. The legislative approach method is an approach method that refers to current laws and regulations. The case approach method is by conducting a review of cases of sexual violence that occurred in hospitals. The comparative method is used to compare laws and regulations and decisions from hospital management. Research results: Hospitals are required to have anti-sexual violence SOPs, professional codes of ethics, reporting mechanisms, investigation mechanisms, mediation mechanisms, and settlement decisions. Establishment of patient and employee protection units. Legal proceedings against perpetrators and negligent parties. Medical, psychological, legal, and rehabilitation services. The hospital has moral and legal responsibility towards the individual victim.
Settlement of Traffic Crimes Based on Restorative Justice (Study of Decision Number 125/Pid.Sus/2024/Pn Pso) Suaeri, Maulana Arnivan
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.v20i4.51024

Abstract

Abstract. Traffic crimes are one of the most common forms of legal violations in everyday life. With increasing mobility and the growth of motorized vehicles, traffic violations have become an inevitable phenomenon in almost every city in Indonesia. These violations include various forms, ranging from administrative violations to criminal acts such as driving without a license, running red lights, and traffic accidents due to negligence. In many cases, traffic crimes not only harm the state and other road users, but can also result in injuries and even death. Law Number 22 of 2009 concerning Traffic and Road Transportation has regulated criminal sanctions for traffic violators. However, the law enforcement approach used so far tends to be repressive and retributive. The legal process for traffic violations is generally pursued through formal litigation in court, which in practice requires considerable time, effort, and resources. Litigation often results in criminal penalties, even in cases that could actually be resolved through deliberation between the perpetrator and the victim. This raises serious issues regarding the effectiveness and efficiency of the criminal justice system in handling cases that actually have the urgency of social recovery rather than mere punishment. The application of formal and bureaucratic legal processes to traffic crimes, which often involve elements of negligence or accident, often leads to dissatisfaction among perpetrators, victims, and the wider community. The lengthy and convoluted legal process, which generally involves formal litigation in court, often feels burdensome for the parties involved. While perpetrators may feel that their actions were not malicious, victims feel that legal resolutions that focus solely on the criminal aspect have not fully repaired the losses they have experienced, and the wider community feels that this protracted justice system does not fully resolve the problem. Criminal law that focuses on sanctions and punishment does not always meet the expectations of a more humane and contextual justice in each criminal case. Most traffic crimes, especially those that occur due to negligence or minor errors, are actually better resolved through an approach that is oriented not only toward punishment but also toward restoring social relationships damaged by the incident. A criminal justice system that emphasizes punishment often neglects broader humanitarian aspects, such as emotional and social recovery between perpetrators and victims. In certain cases, both victims and perpetrators have reached amicable agreements, yet the legal process continues without considering these outcomes. This demonstrates a disparity between the goals of the criminal justice system, which should be oriented towards achieving comprehensive justice for victims, perpetrators, and society, and the reality on the ground, which prioritizes proving guilt and imposing punishment. In many cases, the primary focus of the conventional justice system is on the punishment imposed on perpetrators as a form of deterrence, without considering the importance of victim protection and recovery, as well as the perpetrator's reintegration into society.
Law Enforcement Against Vehicle Theft Perpetrators Using the Modus of Destruction and Selling Evidence Syailendra, Zidan Naufal; 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.v20i4.51132

Abstract

Abstract. This study aims to analyze the implementation of law enforcement against perpetrators of motor vehicle theft using the modus operandi of damaging and selling evidence, identify the obstacles faced by law enforcement officers in the process of proof and prosecution, and formulate optimal strategies based on the integration of substantive law analysis, procedural law analysis, and the Islamic legal perspective. The case of District Court Decision No. 44/Pid.B/2025/PN Bgr serves as the primary case study to examine the application of Article 363 paragraph (1) points 4 and 5 of the Indonesian Criminal Code (KUHP) in judicial practice and its implications for the effectiveness of law enforcement. This research employs a normative juridical approach combined with a case approach and a statutory approach. Data were obtained from court decisions, relevant legislation, academic literature, and previous related research. The analysis was conducted qualitatively by synthesizing normative and empirical findings to assess the consistency of legal norm implementation as well as technical-forensic and institutional barriers in handling such cases. The findings indicate that the elements of Article 363 paragraph (1) points 4 and 5 of the Criminal Code are fulfilled when the act is committed jointly and by means of damage, as reflected in the Bogor District Court’s decision, which imposed imprisonment and ordered the return of evidence. However, the effectiveness of law enforcement remains hindered by several factors, including the alteration of evidence (commercialization of spare parts), weak supervision of second-hand markets, limited forensic capacity, and a lack of inter-agency data integration. To overcome these obstacles, it is necessary to strengthen forensic capacity, develop an integrated national database of vehicles and spare parts, regulate second-hand markets and prosecute receivers of stolen goods, and integrate Islamic legal values into penal policy emphasizing rehabilitation and prevention.
Legal Analysis of Criminal Responsibility of Joint Theft Perpetrators in Indonesian Criminal Law from the Perspective of Retributive Justice Wattimena, Robert Devis; Ngazis, Muhammad
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.v20i4.51060

Abstract

Abstract. This research is entitled “A Juridical Analysis of Criminal Liability of Perpetrators of Joint Theft in Indonesian Criminal Law from the Perspective of Retributive Justice (Case Study of Verdict Number 146/Pid.B/2025/PN.Ptk).” The study aims to analyze the criminal liability of perpetrators of theft committed jointly under Indonesian criminal law and to assess the extent to which the court’s verdict reflects the principles of retributive justice. The research method used is normative juridical research, which involves examining relevant legislation, legal doctrines, and court decisions. The results indicate that, first, criminal liability for joint theft is regulated under Article 363 paragraph (1) point 4 of the Indonesian Criminal Code (KUHP), which stipulates that every participant, whether as a principal actor or an accomplice, can be held criminally responsible. This is reflected in Verdict Number 146/Pid.B/2025/PN.Ptk, where the judges found Ardiansyah and Arik Saputra guilty of aggravated theft committed jointly, and both were sentenced to imprisonment. Second, the court’s decision reflects normative retributive justice because the punishment serves as a proportional response to the offenders’ wrongdoing. However, from the perspective of proportional retributive justice, the verdict is not entirely fair, as it does not differentiate the roles and degrees of culpability of each perpetrator. Third, an ideal application of criminal liability should be based on the principle of individualized sentencing, which imposes punishment according to each defendant’s contribution and role. Accordingly, Ardiansyah, as the main executor who broke the glass and took the electronic items, should receive a harsher sentence than Arik Saputra, who only guarded outside and facilitated the escape.
Reformulation of Diversion Regulations as a Justice-Based Child Protection Effort Rachman, W. Erfandy Kurnia; 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.v20i4.51126

Abstract

Abstract. The juvenile criminal justice system in Indonesia affirms the protection of children's rights through a restorative justice approach and the use of diversion mechanisms as regulated in the Juvenile Criminal Justice System Law (UU SPPA) and Supreme Court Regulation (PERMA) No. 4 of 2014. However, its implementation still faces obstacles due to the limitation that diversion may only be applied to offenses carrying a penalty of less than seven years. This restriction prevents child offenders involved in crimes with higher penalties (such as in the Ambon statutory rape case) from obtaining access to non-formal settlement mechanisms, thereby exposing them to psychological pressure, social stigma, and outcomes that contradict the principle of the best interests of the child and child protection standards under the Convention on the Rights of the Child. The purpose of this study is to identify and analyze the current diversion regulations as a child protection measure, to evaluate their weaknesses, and to formulate a justice-based reformulation of diversion regulations to strengthen child protection. The approach method used in the preparation of this thesis is Normative Legal Research. The specification of this study is descriptive-analytical. The theories employed include the Theory of Legal Protection, the Legal System Theory, and the Theory of Justice. The results of this study are as follows: (1) Diversion regulations provide a foundation for child protection through a restorative approach; however, limiting diversion based on the severity of the criminal penalty binds law enforcement officials to formal restrictions without allowing them to consider the child's circumstances comprehensively. This is evident in the Ambon case, where the offender was still subjected to formal judicial proceedings because the applicable sentence exceeded seven years, resulting in the failure to achieve educational, restorative, and stigma-prevention goals. (2) Although diversion regulations under the Juvenile Criminal Justice System Law (UU SPPA) are intended to protect children, they still contain weaknesses in terms of substance, structure, and legal culture, which hinder their optimal implementation. Rigid normative limitations, inadequate capacity and coordination among law enforcement officers, and a strong retributive mindset in society prevent the realization of restorative resolutions that align with children's developmental needs. (3) Reformulating diversion is necessary because the current normative restrictions—permitting diversion only for offenses punishable by less than seven years—are inconsistent with the principles of justice, non-discrimination, and the best interests of the child. Expanding the scope of diversion to prioritize recovery and guidance will ensure that the law functions not merely according to its text, but also by considering children’s social and psychological conditions and their future, thereby ensuring truly just and meaningful protection.
The Crime of Theft from a Restorative Justice Perspective: A Normative Study of Padang District Court Decision Number 134/Pid.B/2025/Pn Pdg Fardana, Nouvel Izza
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.v20i4.51035

Abstract

Abstract. This research aims to analyze the application of restorative justice in minor theft cases based on the District Court of Padang Decision No. 134/Pid.B/2025/PN PDG, by examining the relevance of this approach to the Indonesian penal system, which is grounded in the values of Pancasila Justice. Restorative justice represents an alternative approach that emphasizes the restoration of relationships between the offender, the victim, and the community, rather than focusing solely on punishment (retribution). This concept places direct responsibility on the offender for his actions and provides the victim with the opportunity to obtain fair recovery and acknowledgment. This study employs a normative juridical method, using both the statute approach and the case approach. The data were analyzed through the examination of statutory regulations, legal principles, scholarly doctrines, and relevant court decisions. The normative approach was chosen because the focus of this research lies in studying the legal norms that govern the implementation of restorative justice in theft cases, both under the 1946 Criminal Code (KUHP) and the newly enacted 2023 National Criminal Code. The findings of this research indicate that the implementation of restorative justice is not an antithesis to the rule of law; rather, it serves as a corrective lens within criminal law that aims to harmonize legal certainty, justice, and utility. Within the framework of national law, restorative justice aligns with the principle of justicia cum misericordia—to punish when necessary and to restore when possible—while upholding human dignity as the ethical axis of the penal system. The application of this principle has proven effective in achieving a balance between victim protection and offender accountability, without disregarding the interests of public order.
Legal Analysis of the Criminal Act of Embezzlement in Office that is Continuously Committed: A Case Study of the Decision of the Mempawah District Court Akbar, Muhammad Ilham; 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.v20i4.51030

Abstract

Abstract. Information technology systems have now penetrated nearly every aspect of human life, attracting significant attention from people worldwide and transforming their lifestyles. Advances in computer technology have coincided with changes in society, encompassing social values, norms, behavioral patterns, the organization, and the structure of societal institutions. In this context, criminal law forms part of a country's overall legal system. Criminal law is a subset of public law, which regulates the relationship between the state and individuals and the public interest, in contrast to private law, which regulates relationships between individuals and private interests. Acts prohibited by criminal law and punishable by law are known as criminal acts or offenses. In the Criminal Code (KUHP), criminal acts are classified into two types: crimes and violations. Examples of crimes include theft, embezzlement, assault, and murder, while violations include delinquency, begging, and vagrancy. Crime in society develops in line with the development of society itself, as crime is a product of society and needs to be addressed. This is because crime will not disappear on its own; instead, criminal cases are becoming more frequent, with the most dominant type being crimes against property, particularly embezzlement. Crime against property will likely increase in developing countries. This increase is in line with economic development and growth. Crime, as a social phenomenon occurring on earth, will likely never end, in line with the development and social dynamics that occur in society. This criminal problem appears to continue to grow and will never recede, both in terms of quality and quantity. This development causes unrest for both society and the government. Based on the First National Law Seminar in 1963, it was suggested that the purpose of Indonesian criminal law is to prevent obstacles to the creation of the society that the Indonesian people aspire to, by establishing prohibited acts and the penalties threatened to violate these prohibitions. Criminal acts are contrary to the order desired by law and are detrimental to society, and are therefore strictly prohibited. A good legal system will certainly be useless if not enforced. For this, quality resources and supporting facilities and infrastructure are needed. Furthermore, broad public support is a prerequisite for achieving just law enforcement. The use of criminal law with negative sanctions should be viewed as a last resort/subsidiary measure, prioritizing sanctions in other legal fields. If criminal law is to be involved, the lighter sanctions should be used among the many alternative sanctions threatened.

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