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<![CDATA[EFEKTIVITAS PENEGAKAN HUKUM PIDANA (STUDI TERHADAP PENEGAKAN HUKUM KASUS PEMBUATAN PUPUK OPLOSAN/PALSU YANG DILAKUKAN OLEH CV. INDO AGRITAMA INDUSTRI JEPARA) ]]>
<![CDATA[Ikwan Daldiri Budi Santosa]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 12, No 1 (2017): March 2017 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.26532/khaum.v12i1.1831
<![CDATA[The legal system can be said to be effective when human behavior in society is in accordance with what has been determined in the applicable legal rules. Law enforcement in principle should be able to provide assurance of legal certainty and useful for the community, in addition the community also expect law enforcement to achieve a justice. Law enforcement officers must be able to escape from the culture of the existing legal apparatus has been considered unfair and changed towards the improvement of human resources, better management becomes an asset to be perform the duties of the ideal law enforcement officers. The legal culture of a good law enforcement apparatus will result in effective and efficient law enforcement.Keywords: Effective And Efficient Law Enforcement]]>
<![CDATA[KEDUDUKAN HARTA BERSAMA DALAM PERKAWINAN MENURUT FIQIH DAN HUKUM POSITIF INDONESIA SERTA PRAKTEK PUTUSAN PENGADILAN AGAMA ]]>
<![CDATA[Arifah S. Maspeke]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 12, No 2 (2017): June 2017 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.26532/khaum.v12i2.1849
<![CDATA[Property in marriage is one important factor, because it can be said as a mover of a married life. The property consists of inherited property, acquisition and joint property.In the fiqih is not known the term joint treasure, but the study of Indonesian scholars on joint property has given birth to the opinion that the joint property can be analogous to shirkah. The provisions on joint property in Indonesian positive law are regulated in Law Number 1 Year 1974 concerning Marriage and Compilation of Islamic Law. In Articles 96 and 97 of KHI, joint property is divided by two, each husband shall receive half of the common property as long as it is not specified otherwise in the marriage agreement. The Decision of the Religious Courts does not always adhere to the provisions of Article 97 of the Compilation of Islamic Law, but it can be casuistically different based on the principle of justice and usefulness.Keywords: Marriage, Joint Property, Religious Court Judgment]]>
<![CDATA[HUKUM KEWARISAN CUCU DI NEGARA MAYORITAS ISLAM DAN ANALISIS PASAL 185 KHI DI INDONESIA ]]>
<![CDATA[Wa Dazriani Dazriani]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 12, No 1 (2017) ]]>
Publisher : <![CDATA[Jurnal Hukum Khaira Ummah ]]>
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<![CDATA[Muslim jurists agree to impose Islamic law on the life of Muslims. The fundamental issue in Islamic law is the question of the development of modern life which is followed by new legal problems which require an answer to it by using Islamic law. The field of inheritance law has experienced a very significant development, caused by the increasingly complex needs of society and its thinking can change in accordance with the times. Among them are Islamic inheritance law is developing with the existence of surrogate heirs, whose application in Indonesia is regulated by Compilation of Islamic Law (KHI). The objection to the sound of Article 185 KHI about the successor heir is still very often debated and considered vulnerable to multiple interpretations even by the judges in Religious Courts. The word "can" allows for "ijtihad" or judge's judicial independence when it comes to deciding cases. In connection with this, the question arises, how the law of inheritance of grandchildren in Muslim majority countries and how the analysis of Article 185 KHI in Indonesia? Furthermore, it will be studied by using library method, that is by collecting library data and primary data that will support this research.Keywords: Inheritance Law, Substitute Heir]]>
<![CDATA[ANALISIS KEBIJAKAN PEMBATASAN PENDAFTARAN HAJI (STUDI DI KANTOR KEMENTERIAN AGAMA KOTA SALATIGA ) ]]>
<![CDATA[Mustadzkiroh Mustadzkiroh]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 12, No 2 (2017) ]]>
Publisher : <![CDATA[Jurnal Hukum Khaira Ummah ]]>
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<![CDATA[ PMA No. 29 of 2015 on the holding of regular pilgrimage contains the minimum age requirement to register the 12-year hajj and permit to register the hajj again after 10 years from the last hajj. PMA is in response to the long queue of pilgrims, but also known as the policy of hajj restrictions , In the perspective of Law Number 13 Year 2008 normatively PMA No. 29 of 2015 is inconsistent with Law Number 13 of 2008, it can even be said to limit the right of individuals to perform worship according to their beliefs.Implementation This policy also brings positive and negative implications in society, the positive side of raising public awareness about the importance of pilgrimage and giving a sense of justice for the community to perform the pilgrimage and primarily educate the community to divert its economic potential not just hajj many times but more on quality improvement Social worship. Negative side of this provision, can be understood as a policy that castrate the right of people to carry out worship in accordance with their beliefs and cause perception in the community about the difficulty of performing the pilgrimage.The role of the Government, MUI, public figures and the Muslim community in general becomes important for the realization of the justice of society to obtain equal rights in performing the pilgrimage.Keywords: Restrictions on Hajj Registration, Individual Right of Worship, Community Justice]]>
<![CDATA[KEDUDUKAN DAN KONTRIBUSI HUKUM ISLAM TERHADAP HUKUM NASIONAL DALAM BIDANG MU’AMALAT ]]>
<![CDATA[Ruwainta Samniah]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 13, No 3 (2018): September 2018 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.26532/khaum.v13i3.1898
<![CDATA[The position of Islamic law is something that is taken into account in Indonesia because of its contribution to the development of national law. One of the doors to the contribution of Islamic law in national law is through Jurisprudence which is another instrument in the formation of the law, which in the legislation of the Supreme Court, requires the judge to find the right law in determining the decision. In this case the judge may use the Islamic legal norms which are deemed to be able to find a sense of justice for the justice seeker. About one of the objects of Islamic law in the field of muamalah which contains the norms of Islamic law in positive law. With this the title of Position and Contribution of Islamic law to the national law in the field of Mu'amalat, which will be discussed in this journal.The purpose of this paper so that more attention again for the future to think about the more contribution leads to the role of Islamic law in influencing the contents of national law. The method used in this study is Juridical Normative with data collection methods used is study of the study of a series of studies by reviewing the theories, opinions, and the main ideas in print media.Keywords: Position, Contribution, Islamic Law, National Law, Mu'amalat.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP WANITA DAN ANAK YANG PERKAWINANNYA TIDAK TERCATAT DI INDONESIA ]]>
<![CDATA[Sukma Rochayat]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 12, No 1 (2017) ]]>
Publisher : <![CDATA[Jurnal Hukum Khaira Ummah ]]>
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<![CDATA[The benefits of marriage recording are very important. Marriage is not listed, greatly disadvantages the position of the married woman and the child being born. There is no legal consequence for undocumented marriages. Wife and child have no legal standing and no legal protection. There are sanctions for offenders of marriage registration law. If marriage has taken place, then it can be acknowledged to the child and performed marriage itsbat.Keywords : Legal Protection, Women and Children, Marriage]]>
<![CDATA[PEMBERDAYAAN ZAKAT DALAM RANGKA MENGENTASKAN KEMISKINAN UMAT (KAJIAN MENURUT UU 23 TAHUN 2011 TENTANG PENGELOLAAN ZAKAT) ]]>
<![CDATA[Niamulloh Niamulloh]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 12, No 1 (2017) ]]>
Publisher : <![CDATA[Jurnal Hukum Khaira Ummah ]]>
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<![CDATA[The main purpose of the existence of zakat is so as not to gap in the social life of the community, so that will be established a good relationship among fellow human beings. Zakat is projected to achieve a variety of strategic objectives, among them to improve the welfare of the mustahiq (beneficiaries of zakat) especially the poor, actualization of potential funds to build the ummah, build educational facilities, health facilities, create tranquility, happiness, security and prosperity of life. To achieve that goal the zakat must be rightly empowered. Then the zakat funds are given really appropriate to relate to the program of empowerment that is able to overcome the problem of poverty. Keywords: zakat, empowerment, poverty]]>
<![CDATA[Criminal Responsibility For Criminal Followers Producing And Selling "Drinks" White Alcohol / White Liquor In The Legal Area Of Kudus Police ]]>
<![CDATA[Hendro Santiko]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i1.8388
<![CDATA[This research wants to answer the problem. How is law enforcement against criminal offenders producing and selling "White Alcohol/ White Liquor" in the Kudus police area? and criminal liability against criminal offenders producing and selling "White Alcohol/ White Liquor" in the area of the Kudus Police District and in the future?Based on the results of the study concluded that 2 (two) methods of law enforcement on the circulation of alcohol by the Kudus Police District, namely preventive and repressive.Criminal accountability against criminal offenders producing and selling "White Alcohol/ White Liquor" in the area of the Kudus Police in eradicating opaque liquor in the Kudus Police Region, Obstacles faced by the Kudus Police Sabhara Unit are relating to the limited number of members of the Kudus Police Sabhara unit that generally still unsatisfactory, not yet maximized and the evenly distributed socialization steps of the Regional Government Regulation carried out at the community level, so far it is not uncommon for insufficient understanding of procedures or systems at the time of preparation up to the enactment of Perda Sabhara Unit of the Kudus Police Unit in eradicating liquor oplosan in the Kudus Police District Region,criminal liability against criminal offenders producing and selling "White Alcohol/ White Liquor" that will come in the renewal of Indonesian criminal is done by providing guidance, advising or guiding so as not to repeat the mistakes that have been made namely violating local regulations.Keywords: Criminal Liability; Criminals; Producing and Selling White Alcohol/ White Liquor.]]>
<![CDATA[The Concept of Criminal Law for Personnel of Narcotics Abuse ]]>
<![CDATA[Dhian Artwitadibrata]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i4.13603
<![CDATA[The purpose of this paper is to review and analyze the juridical review by the prosecutor in criminal procedural law. In this paper the writer uses the normative juridical method. In the conclusion of the discussion that in handling narcotics cases, especially offenders who are more emphasized as victims or addicts, judges in Indonesia can be said to rarely make legal breakthroughs that emphasize social values and humanity that live in society. Judges in Indonesia only see the criminal side in the Act regardless of the negative effects of the decision, the result is that imprisonment is only seen as providing a deterrent effect to the perpetrator of a criminal act. According to the Narcotics Law, victims of narcotics users are sentenced to imprisonment because drug users are classified as criminal offenders. This contradicts the legal theory of victimology. Several countries have proven that decriminalization policies have an effect on reducing narcotics abuse. The optimum model of punishment for victims of narcotics users is a process outside the legal process, in which all victims of narcotics users report themselves to be rehabilitated. Meanwhile, for those who did not report themselves, the police and / or BNN made arrests and were immediately escorted and handed over to the rehabilitation.]]>
<![CDATA[Judge Consideration of Religious Court Of Blora on Application of Married Dispensation ]]>
<![CDATA[Siti Muzazanah Muzazanah]]>;
<![CDATA[Akhmad Khisni]]>;
<![CDATA[Rozihan Rozihan]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i4.8356
<![CDATA[This study aims to know the factors increasing request for married dispensation, the judge in the consideration granted married dispensation and know the weaknesses of Marriage Act in court and in the implementation of solutions to reduce married dispensation, The method used normative juridical, namely legal research based on secondary data. This research approach using the approach of the case (case approach and qualitative approach. Regarding the data, the authors obtained data from interviews and literature study.These results indicate (1) Factors increasing request for married dispensation in the Religious Court of Blora is (a) Fearing the emergence of slander, (b) pregnant outside of marriage (2) Judge Consideration of Religion Court of Blora in granted married dispensation, based on consideration of three things namely (a) Administrative completeness, (b) there is no prohibition of marriage as contained in Article 8 of Act No. 1 of 1974 On Marriage, (c) the principle benefit (3) weakness of marriage Act in the execution of court and solutions for reduce married dispensation in the Religious Court of Blora. Lack of socialization to the relevant institutions make weak law marriage in the implementation of the court.Keywords: Judge Consideration; Religious Court; Married Dispensation.]]>
