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INDONESIA
Journal Hukum Khaira Ummah
Published by Universitas Islam Sultan Agung
ISSN : 19073119     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Hukum Khaira Ummah terbit setiap 3 bulan. Diterbitkan oleh Program Magister (S2) Ilmu Hukum Fakultas Hukum UNISSULA Semarang, sebagai media publikasi karya ilmiah mahasiswa, dosen dan masyakat luas dalam pengembangan ilmu hukum yang progresif, responsif dan sarat nilai. Terbit perdana Maret 2006. Redaksi menerima tulisan ilmiah konseptual dan hasil penelitian, maksimal 20 halaman kuarto spasi satu. Redaksi berhak mengedit naskah sepanjang tidak mengubah substansi.
Arjuna Subject : -
Articles 5 Documents
 1 
Search results for , issue "Vol 13, No 3 (2018): September 2018" : 5 Documents clear
PROSES PENYIDIKAN DAN PENUNTUTAN TINDAK PIDANA PENCURIAN YANG DILAKUKAN OLEH ANAK DIWILAYAH KABUPATEN SEMARANG Setyo Hartanto; Sri Endah Wahyuningsih
Jurnal Hukum Khaira Ummah Vol 13, No 3 (2018): September 2018
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i3.1899

Abstract

On the process of investigation and prosecution of criminal acts of theft committed by children in the region of Semarang Regency there are differences in the implementation of handling of child cases in accordance with the criminal justice system and there are obstacles and solutions that must be faced by investigators and public prosecutors with the enactment of Law No. RI. 11 of 2012.This study the author uses the method of Empirical Juridical approach is the way or procedure used to solve research problems by researching secondary data first to then proceed with researching the primary data that exist in the field. By collecting primary data that is data obtained directly from the community or field and secondary data is data obtained through literature materials.The child's handling process begins with the investigator receiving the child's case from the report, the complaint and the possibility of the investigator knowing himself then along with Bapas, the victim's side and the parent's side of the perpetrator and the other related relation whether to be forwarded or diverted. If there is a verdict and it is successful, it is requested by the local court to obtain legal force, but if the diversion is unsuccessful then the case file proceeds to the Investigation process after the case file is deemed complete and complete, then according to the law of the case submission is valid and complete, public without the need for more processing. The transfer of juridical responsibilities to the dossier, legal liability for a child suspect and legal liability for any evidence or item seized.Furthermore, after the public prosecutor receives the file from the investigator, if eligible to do the diversionary effort then must perform a diversionary effort, if not achieved then the prosecutor proceeded to check the completeness of the case both formally and materially to know more clearly whether the case can proceed to prosecution process or not and with complete evidence in order to be transferred to the court for continued trial by applying a criminal procedural law using a restorative justice approach. Against these obstacles and solutions both investigators and public prosecutors make their own efforts by approaching internally and externally from each agency.Keywords: Child Criminal Justice System, Child Investigator, Child Prosecutor,Diversi, Restoration Justice
PENANGANAN PERKARA TINDAK PIDANA PENADAHAN DI PENGADILAN NEGERI SEMARANG Sugiyono Sugiyono; Umar Ma’ruf
Jurnal Hukum Khaira Ummah Vol 13, No 3 (2018): September 2018
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i3.1900

Abstract

Evil is an eternal problem, as long as humans inhabit this earth. One of the crimes that appear in the community of criminal acts of offense . The issues raised in this research are (1) How is the handling of criminal case of offense in Semarang District Court (2) How Judge Consideration Criminal in Case of offense Criminal Decision Number 754 / Pid / B / 2013 / PN Smg. The method used in this research is sociological juridical, The sociological juridical method is an approach that aims to describe a fact that is in the field based on legal principles and legislation. The research finding that (1) case handling Number: 754 / Pid / B / 2013 / PN Smg is correct based on examination process of witness testimony, defendant's statement and evidence proven in court (2) Judge Consideration of Criminal in Case of offense Criminal has been in accordance with Article 183 Criminal Procedure Code on the basis of decision and Article 184 Criminal Procedure Code as well as reinforced by Judge's conviction. Keywords : Criminal offense, Article 480
PERAN POLISI MASYARAKAT (POLMAS) DALAM MENANGANI PERBUATAN AKIBAT MINUM MINUMAN KERAS DI WILAYAH HUKUM POLRES SEMARANG Rohadi Rohadi; Sri Kusriyah
Jurnal Hukum Khaira Ummah Vol 13, No 3 (2018): September 2018
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i3.1896

Abstract

Research titled Role of the Police Community policing (CBP) In Dealing Deeds Due to Drinking Alcohol In Semarang Police Jurisdiction.The method used in this research is a sociological juridical approach namely legal research study and research which is a reciprocal relationship between law and social institutions to another. The results showed that the role of the Community Police in dealing with acts from drinking liquor in the jurisdiction of Police Semarang focused on law enforcement by means of a non-penal pioneered by Bhabinkamtibmas in collaboration with community leaders. Shape optimization of track non penal in the sense of seeking common ground in the effort of deliberation and consensus that includes all the criteria in the agreement in the peace process outside the courts by using means of mediation or deliberation in achieving justice expected by the parties involved in the criminal law that is the perpetrator the crime of family and victims of crime family to find the best solutions that are approved and agreed by the litigants. Constraints faced by Community Police in dealing with acts from drinking liquor in Semarang Police Jurisdiction is the human resources inadequate, infrastructure, budget and finance, behavioral factor of habit with authorities or employers, and is not well understood and the culture ministry, yet fully have an understanding of the behavior as protectors and servants of the people and have not understood the Police professional code of ethics, limited ability to carry out the function of patrol officers, guard and Escort to the prevention of crime and the lack of ability to perform an analysis of crime, not communicative with the public, limited facilities, infrastructure supporting Samapta officer. In order to overcome the difficulties of handling acts from drinking liquor in the jurisdiction police station Semarang, Semarang Police Community Policing take steps as follows: Increasing the resources the Police in providing services in the field of law enforcement, emphasizing an understanding of the behavior of the police as protectors and servants of the people and the professional code of ethics police, improve the ability of officers to carry out the function of patrol, guard and escort to prevention of crime, to improve facilities, support infrastructure Bhabinkamtibmas officers, and conduct legal counseling to the community as well as the effects of drinking alcohol. Keywords: Community Police, Liquor
IMPLEMENTASI KEBIJAKAN TUKAR MENUKAR ASET DESA BERUPA TANAH DI KABUPATEN KENDAL (Studi Implementasi Permendagri Nomor 1 Tahun 2016 tentang Pengelolaan Aset Desa) Rusliana Rusliana; Sri Kusriyah
Jurnal Hukum Khaira Ummah Vol 13, No 3 (2018): September 2018
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i3.1897

Abstract

The village treasury is one of the village's assets / wealth which is highly expected to support the wheels of village government. As one source of village income and income of village apparatus, village cash lands should be productive land. With the existence of Law No. 6 of 2014, related to the management of property owned by the village has changed that is with the enactment of the Minister of Home Affairs Regulation No. 1 of 2016 on the Management of Village Assets, which provides an opportunity for the village to be able to implement the transfer of village assets in the form of land through exchange, not only to be used for the public interest, but also not for the public interest, and the village cash lands in addition to the public interest and not for the public interest.However, in fact Permendagri Number 1 Year 2016 which serve as a legal basis for the exchange of assets of villages in the form of land can not be fully implemented. This is because the substance / material in Permendagri still need to be examined again, among others, the unclear formulation and legal uncertainty of Permendagri No. 1 of 2016.Keywords       :      Swap Exchange, Village Cash Land, Village Asset in the form of Land, and Permendagri Number 1 Year 2016.
KEDUDUKAN DAN KONTRIBUSI HUKUM ISLAM TERHADAP HUKUM NASIONAL DALAM BIDANG MU’AMALAT Ruwainta Samniah; Akhmad Khisni
Jurnal Hukum Khaira Ummah Vol 13, No 3 (2018): September 2018
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i3.1898

Abstract

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.

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