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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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Criminal Law Policy on Euthanasia Practices by Doctors in Indonesia from the Perspective of Justice and Protection of Patient Rights Sholikhatun, Sholikhatun; 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.v20i4.51074

Abstract

Abstract. Indonesia, as a state based on law, places the supremacy of law as a foundation, including the protection of the right to life as stipulated in Article 28A of the 1945 Constitution. Euthanasia becomes a complex issue because it involves a dilemma between the right to life, human dignity, and the suffering of terminal patients. Article 344 of the Criminal Code prohibits ending life upon request; however, developments in medical technology create challenges in legal interpretation. Several countries have legalized euthanasia under strict conditions, unlike Indonesia, which has no specific regulation. This legal vacuum causes uncertainty for doctors and patients, thus requiring reconstruction of criminal policy that is relevant, just, and proportionally protects human rights. The research aims to describe and analyze the criminal law provisions currently in force in Indonesia regulating euthanasia by doctors and to describe and analyze the ideal criminal law policy in regulating euthanasia by doctors so that it is in line with justice and the protection of patient rights in Indonesia. This normative juridical research is descriptive, using secondary data from primary, secondary, and tertiary legal materials, analyzed qualitatively through a literature study to examine criminal policy on euthanasia in Indonesia. The results of this research show that the criminal law provisions currently in force in Indonesia regulate euthanasia by doctors, yet euthanasia regulation in Indonesia still triggers debate. Some support it as a human right to decide life or death, while others reject it because it contradicts religion and Pancasila. The Criminal Code regulates crimes against life in Articles 338–350, including murder, assisting suicide, and abortion. The new Criminal Code, Law Number 1 of 2023, does not directly regulate euthanasia, but Article 428 paragraph (1) regulates passive euthanasia with a penalty of 2.5 years imprisonment or a fine, and Article 461 regulates active euthanasia at the request of the victim with a penalty of nine years imprisonment. Both articles affirm the prohibition of euthanasia even at the request of the victim, and the ideal criminal policy in regulating euthanasia by doctors must be in line with the values of justice and protection of patient rights in Indonesia. The ideal criminal policy regarding euthanasia in Indonesia must balance the protection of patients’ right to life, the professional responsibilities of doctors, and moral and religious values. Regulations must include sanctions, procedures, ethical guidelines, and monitoring mechanisms. Exceptions may be granted for terminal medical conditions with written consent, physician verification, and ethics team recommendation. Criminal sanctions should be the ultimum remedium, preceded by ethical and administrative mechanisms. Synchronization with the Health Law, the Medical Practice Law, and the code of ethics is important to avoid conflicts of norms. Supervision by an independent ethics committee prevents misuse. Public participation, periodic evaluation, as well as training for medical personnel and law enforcement officers will strengthen patient protection and legal certainty for healthcare professionals.
Legal Analysis of Prosecution of Money Laundering Crimes (TPPU) Proceeds of Narcotics Crimes in Indonesian Criminal Law Tari, Mayang; 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.v20i4.51025

Abstract

Abstract. Money laundering (TPPU) derived from narcotics crimes is an organized crime that has a broad impact on economic stability, security, and the effectiveness of law enforcement. Narcotics crimes often generate significant financial profits, leading perpetrators to employ various money laundering methods to disguise the origins of their proceeds. This study aims to analyze the legal aspects of prosecuting money laundering (TPPU) derived from narcotics crimes based on Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering and Law Number 35 of 2009 concerning Narcotics. The research method used is normative legal research with a statutory, conceptual, and case study approach. The results indicate that prosecutions of money laundering derived from narcotics crimes still face several obstacles, including the lack of evidence to prove the predicate crime, limited asset tracking, minimal coordination between law enforcement agencies, and increasingly complex asset disguising patterns. However, prosecutions can be conducted without having to wait for a final and binding court decision on the predicate crime, as long as there is sufficient preliminary evidence. Furthermore, implementing a "follow the money" approach and optimizing the role of the Financial Transaction Reports and Analysis Center (PPATK) have proven to be crucial strategies in uncovering the flow of funds from narcotics crimes. This study concludes that effective prosecution of money laundering (TPPU) from narcotics crimes requires strengthened regulations, increased capacity of investigators and prosecutors, and cross-agency coordination to ensure the recovery of state assets and disrupt the sources of funding for narcotics crimes.
Legal Analysis of Corporate Criminal Liability in Corruption Crimes (Study of Decision Number 16/Pid.Sus-Tpk/2022/Pn. Smg) Juliantono, Rozi; 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.v20i4.51062

Abstract

Abstract. This research discusses corporate criminal liability in corruption offenses, focusing on Semarang District Court Decision Number 16/Pid.Sus-TPK/2022/PN Smg. The background of this research is based on the widespread practice of corruption, which is not only committed by individuals but also involves corporations as instruments to gain profit against the law. The main issues of this research include: (1) how corporate criminal liability is regulated in corruption offenses under positive law in Indonesia; (2) how corporate criminal liability is applied in Decision Number 16/Pid.Sus-TPK/2022/PN Semarang; and (3) what are the prospects for developing the application of corporate criminal liability in the future. The research method used is a normative legal approach with primary data in the form of laws and court decisions, and secondary data in the form of literature, journals, and legal doctrines. The research results show that the regulation of corporate criminal liability in Indonesia has a clear legal basis through the Anti-Corruption Law, Supreme Court Regulation No. 13 of 2016, and the new Criminal Code (Law No. 1 of 2023). In Semarang District Court Decision No. 16/Pid.Sus-TPK/2022, the judge affirmed that corporations can be held criminally liable under Article 20 of the Anti-Corruption Law, proved the elements of the crime through the identification theory and vicarious liability, and imposed a sentence of fines and restitution. The future outlook indicates that regulations are becoming increasingly stringent, but successful implementation still depends on legal harmonization, the capacity of law enforcement agencies, the compliance culture of the business world, and international cooperation. Thus, corporate criminal liability in corruption offenses serves not only as a repressive instrument for punishment but also as a preventive instrument to deter corruption, strengthen transparent and accountable corporate governance, and achieve substantive justice.
Formulation of Criminal Sanctions Policy in the Form of Fines for Illicit Trafficking of Class I Narcotics from the Perspective of Legal Justice Values (Case Study of Decision Number 427/Pid.Sus/2023/Pn Bkn) Prayurisna, Yoga Baya; 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.v20i4.51127

Abstract

Abstract. The research aims to determine the implementation of criminal sanctions in the form of fines for the illicit trafficking of Class I Narcotics in the Bangkinang District Court, and the implementation of criminal sanctions in the form of fines for the illicit trafficking of Class I Narcotics in the Bangkinang District Court is in accordance with the objectives of punishment as a manifestation of the value of legal justice. The method used is sociological juridical, examining the legal reality experienced in the field or based on problems regarding legal matters and existing realities, with the theory of legal effectiveness and legal justice. The results of the research and discussion are that (1) the implementation of criminal sanctions in the form of fines for the illicit trafficking of Class I Narcotics in the Bangkinang District Court has normatively been carried out in accordance with statutory regulations, but has not been effective substantially and culturally according to the theory of legal effectiveness of Lawrence M. Friedman. (2) That the implementation of criminal sanctions in the form of fines for the illicit trafficking of Class I Narcotics in the Bangkinang District Court has fulfilled the aspect of legal certainty and some of the objectives of punishment, but has not fully reflected the value of legal justice in the perspective of Pancasila justice according to Yudi Latif. The justice that is upheld is still formal and has not touched the social-humanitarian dimension as a whole.
Legal Review of the Problems of Registering Creations as Written Documents of Copyright Ownership at the DJKI, Ministry of Law in Indonesia Rahmawati, Putri; Mashdurohatun, Anis
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.v20i4.51036

Abstract

Abstract. This study examines in depth the mechanism of registering works as written documents of copyright ownership in Indonesia, as well as the accompanying problems, focusing on the dualism between the principle of automatic and declarative copyright protection as stipulated in Law No. 28 of 2014 concerning Copyright, and the existence of a registration mechanism organized by DJKI. The background of this research problem is driven by the importance of intellectual property rights as a manifestation of human intellectual abilities that are protected by law, abolished in the theory of natural rights and utilitarianism, as well as its constitutionality in Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Although copyrights appear automatically, the registration of works has a crucial function as an initial proof of ownership, which is later strengthened by the development of the E-Copyright system. However, this bold ease of access opens up the potential risk of data manipulation and overlapping claims, exacerbated by digital literacy challenges among creators. The purpose of this study is to analyze the effectiveness of the creation registration system in providing definite, fair, and beneficial protection for creators, as well as to identify the juridical and non-juridical content of this dynamic, including its relevance to the case of "Geprek Bensu" which illustrates the problem of ownership of rights and administrative compliance. This study uses normative juridical legal methods with a descriptive-analytical approach. The normative approach was chosen to analyze the legal principles written in Law No. 28 of 2014 concerning Copyright, as well as the relevant Civil Code and Trademark Law, in order to understand the declarative principles, the function of registering works, and the problems that arise. The research specification uses  a case approach to examine the case of "Geprek Bensu" as a concrete illustration,  a statute approach to meet compliance with applicable laws, and a contextual approach (conceptual approach). The results of the discussion concluded that the registration mechanism in Indonesia adheres to the principles of automatic and declarative protection, but Registration serves as a crucial initial proof of ownership, with the E-Copyright system increasing efficiency and accessibility but also opening up the risk of manipulation and overlapping claims. The main problem lies in the dualism between automatic protection and logging, which is compounded by the potential for double registration and juridical defects due to the ease of bold access. The case of "Geprek Bensu" is a clear reflection of this problem, where the court upheld  the principle of first to file for trademarks, but the DJKI's subsequent action to recommend the removal of recognized trademarks raises serious questions about the rule of law and administrative compliance. The analysis of the theory of the state of law and legal protection emphasizes the need for consistent law enforcement, equal treatment, and improvement of the administrative process of intellectual property rights registration in order to ensure certainty, fairness, and effective protection for all creators and rights holders.

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