Journal Hukum Khaira Ummah
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.
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<![CDATA[Ineffective Role Of Blora Police Satlantas In Motor Vehicle Mutation Services By online System ]]>
<![CDATA[Riska Taufiq Suni]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Jurnal Hukum Khaira Ummah ]]>
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<![CDATA[This study aims to identify and analyze the causes of the ineffective role of the Blora Police Traffic Unit in the service of motor vehicle mutation in Blora Regency by online system and the obstacles faced by the Blora Police Traffic Unit in the service of motor vehicle mutation in Blora Regency by online system and the solutions. The approach method used is sociological juridical; analytical descriptive research specifications; data sources are primary data and secondary data; data collection methods are field studies and literature studies; while the data analysis method used qualitative analysis. As an analytical tool, the theory of legal certainty, the theory of legal effectiveness, and the theory of good governance are used. The results showed that the cause of the ineffective role of the Blora Police Traffic Unit in the service of motor vehicle mutations in Blora Regency by online system was internal factors from the Satlantas itself, infrastructure factors and external factors, namely the community. The obstacles faced by the Blora Police Traffic Unit in the service of motor vehicle mutations in Blora Regency are the lack of personnel, the absence of generator facilities, the archive warehouse is too small, the service time for the mutation of motorized vehicles is long, the lack of public awareness to manage vehicle mutations, the habit of using the services of brokers.]]>
<![CDATA[Provision Of Remissions For Criminal Acts Of Terrorism ]]>
<![CDATA[Murningsih Hariyati]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
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<![CDATA[Terrorism is an act that creates an atmosphere of terror, widespread fear, or causes mass casualties, by depriving freedom or loss of life and property of others, causing damage or destruction to vital and strategic objects, or the environment. , or public facilities, or international facilities.Every prisoner regardless of his crime has the right to receive remission, because remission is a basic right for every prisoner without exception, and also becomes one of the efforts in realizing the goals of the correctional system, namely fostering prisoners in Correctional Institutions, as regulated in Law No. 12 of 1995 concerning Corrections. .Because the crime of terrorism is classified as an extraordinary crime, so that the granting of remission is not equated with a general crime. In this case, there are special conditions that must be met to be able to get remission, namely in addition to good behavior, one must also be a justice collaborator. This has been regulated in the Government Regulation of the Republic of Indonesia Number 99 of 2012 concerning the Second Amendment to the Regulation of the Government of the Republic of Indonesia Number 32 of 1999 concerning the Terms and Procedures for the Implementation of the Rights of Correctional Inmates. These provisions are contained in article 34 A.]]>
<![CDATA[INCLUSIVE JUDICIAL PROCESS MECHANISM FOR PERSONS WITH DISABILITIES AT THE STATE COURT OF WONOSOBO DISTRICT ]]>
<![CDATA[Syaifur Rohman]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
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<![CDATA[This study aims to identify and analyze the criminal justice process for criminals with mental disorders in the Wonosobo District Court Decision. The results showed that the perpetrators with mental disorders were proven legally and convincingly to commit the crime of sexual harassment, but due to the limited evidence and the role of psychiatrists, the judicial process became ambiguous and the judicial decision stated that the defendant's behavior did not meet the elements of responsibility, so that according to science criminal law the defendant cannot be held responsible for some. However, the attorney and the victim stated that the defendant has the ability to be held criminally responsible because Article 44 of the Criminal Code does not regulate the state of being unable to be partially responsible.Keywords: Judicial Process, sexual harassment, psychiatrist (psychologist).]]>
<![CDATA[PATTERN OF WEIGHTING IN ASES OUTSIDE THE CRIMINAL CODE ]]>
<![CDATA[Satiman Satiman]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
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<![CDATA[The basic discussion regarding this research is what is the basis for legislators to determine the "type and number" of crimes that indicate the nature of the disgrace. Are there certain patterns used by legislators in determining matters outside the Criminal Code, especially to carry out their weighting when compared to the general pattern used by forming the Criminal Code. This research was conducted by using the normative juridical method, especially by analyzing the symptoms indicated by the legislators in the criminal threat they stipulated. The results of this study indicate that in Criminal Law, which is the "symbol" of Criminal Law with the identity of the Indonesian nation, there is no particular pattern found in carrying out criminal penalties. Keywords: Weighting of sanctions in cases outside the Criminal Code and criminal threats.]]>
<![CDATA[Policy Implementation In Promotion Employee Positionin The National Directorate Of Manpower (Human Resource)At The Ministry Of Justice In Timor Leste ]]>
<![CDATA[Adriano Ildefonso Da Cruz]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.26532/khaum.v16i4.19296
<![CDATA[The problems in this research, first: How is the policy implementation in the promotion of employee positions at the National Directorate of Manpower (Human Resource) at the Ministry of Justice in Timor Leste?Second,What are the factors that support and hinder the implementation of policies in the promotion of employee positions at the National Directorate of Manpower (Human Resource) at the Ministry of Justice in Timor Leste?Third,What is the strategy to overcome obstacles to policy implementation in the promotion of employee positions at the National Directorate of Manpower (Human Resource) at the Ministry of Justice in Timor Leste?This research is a researchsociological juridical.The results of the study conclude that the promotion of positions carried out at the National Directorate of Manpower/Human Resource (Directorate Nacional dos Recursos Humano/DNRH) is indeed in accordance with the needs of the institution but is more influenced by political factors, as well as a spoil system in which the appointed officials are an option. superiors who share the same political ideology with them and do not go through a transparent and accountable recruitment process as mandated by the applicable employment law.]]>
<![CDATA[APPLICATION OF CRIMINAL SANCTIONS IN CASES OF MANIPULATION OF DEMAND AND COLLECTION OF HEALTH SERVICES FEES FOR PATIENTS PARTICIPATING IN THE NATIONAL HEALTH INSURANCE PROGRAM ]]>
<![CDATA[Hardy Hutahaean]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
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<![CDATA[The aim of this study is to conduct studies and analyze the weaknesses of the application of criminal sanctions oncases of manipulation of requests and collection of health care costs for patients participating in the National Health Insurance Program so far and provide solutions. The research method used is a normative juridical approach and the type is descriptive qualitative. The data used in this study is secondary data, namely by examining theories, concepts, legal principles and legislation related to this research to be analyzed in order to obtain qualitative data. The conclusion of this study is that there is no formulation of lex specialist criminal sanctions for cases of manipulation of requests for health care costs for patients participating in the National Health Insurance Program. The punishment of the perpetrators of the act of manipulating the demand for fees requires various aspects, including the excesses of the punishment, both to the perpetrators and to the health service ecosystem for the Participants of the National Health Insurance Program. The role of Good Corporate Governance and Good Clinical Governance as a preventive effort in this case is also a very strategic matter.Keywords: National Health Insurance Program; Fraud; Law enforcement.]]>
<![CDATA[Legal Protection Against Victims Of The Crime Of Rapes Based On Justice Value ]]>
<![CDATA[Tatik Zakiyati]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.26532/khaum.v16i4.19287
<![CDATA[There are so many women who experience sexual violence, especially rape, women can't do much to avoid it and are forced to let it happen. The judicial process is often only oriented towards giving punishment but does not pay attention to how to restore the condition of the victim. The problem will be even more complicated, where most of our society views that issues related to decency are still very taboo to be discussed in public, especially the issue of the crime of rape. This study uses a normative juridical approach. The results of this study are 1) the factors have not been implemented because the law, law enforcement officers, the culture of the community and the factors of the facilities or facilities that cause the rights of rape victims which should be regulated and integrated for the right to restitution and or compensation, legal assistance, psychologists, psychiatrists, religious experts or other experts who are able to restore the victim's confidence. 2) Whereas the obstacle that arises comes from the victim, namely the victim herself who wants not to be protected by the Police, because the rape victim refuses to report it. 3) Protection of witnesses and victims according to Law no. 13 of 2006 concerning the protection of witnesses and victims is to provide a sense of security to witnesses and/or victims in providing information in every criminal justice process. Religious experts or other experts who are able to restore the victim's trust. 2) Whereas the obstacle that arises comes from the victim, namely the victim herself who wants not to be protected by the Police, because the rape victim refuses to report it. 3) Protection of witnesses and victims according to Law no. 13 of 2006 concerning the protection of witnesses and victims is to provide a sense of security to witnesses and/or victims in providing information in every criminal justice process. Religious experts or other experts who are able to restore the victim's trust. 2) Whereas the obstacle that arises comes from the victim, namely the victim herself who wants not to be protected by the Police, because the rape victim refuses to report it. 3) Protection of witnesses and victims according to Law no. 13 of 2006 concerning the protection of witnesses and victims is to provide a sense of security to witnesses and/or victims in providing information in every criminal justice process. ]]>
<![CDATA[THE URGENCY OF A SYSTEM APPROACH IN PREVENTION CORRUPTION CRIME OF PROCUREMENT OF GOODS AND SERVICES (ROBERT KLITGAARD'S CDMA THEORY APPROACH ANALYSIS) ]]>
<![CDATA[Danutirtho Satrio Pinandito]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
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<![CDATA[The Corruption Prevention System in the field of procurement of goods and services has improved towards its ideal goal, namely values for money in every aspect of procurement. But there are still hidden criminogenic factors in the current system. This article aims to explain the system for preventing corruption in the procurement of goods and services based on Robert Klitgaard's CDMA theory approach. Secondary data in the form of Laws and Regulations related to the procurement of goods and services is elaborated with Robert Klitgaard's CDMA Theory, through a normative juridical approach. The analysis orientation uses the law and concept approach. The results found first: any loopholes indicated by the strengthening of discretion of officials with an interest in the procurement of goods and services need layered control in limiting their discretionary powers. Second: Monopoly variables in all stages of procurement of goods and services need to be watched out for if practice develops the fact that it is narrowed down to a single supplier and technical specifications that lead to a single supplier. Third: accountability can be strengthened by providing layered supervision, from internal and external sources of the goods and service procurement system.Keywords: Procurement of Goods and Services, Corruption, CDMA Theory]]>
<![CDATA[CONSUMER PROTECTION LAW OF CIRCULATION OF EXPIRED FOOD ]]>
<![CDATA[Angga Karunia Putra]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Jurnal Hukum Khaira Ummah ]]>
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<![CDATA[Background of the problem: Consumer protection is part of the law that contains principles or rules that are regulating and also contains characteristics that protect the interests of consumers. The formulation of the problems discussed in this study are (1).What is the consumer protection law for the circulation of expired food (At the Kalijaga Non-Governmental Consumer Protection Agency (LPKSM) in Demak Regency)?, (2). What are the factors that become obstacles in Consumer Protection for the circulation of expired food at the Kalijaga Non-Governmental Consumer Protection Agency (LPKSM) in Demak Regency and the solution?This study uses a sociological juridical legal research method by reviewing and analyzing legislation and facts that occur in the field, in this case at the Kalijaga Demak consumer protection institution, data collection in this study use qualitative analysis techniques it means where the data obtained are then arranged systematically so that a comprehensive picture will be obtained, where later the data will be presented in detail descriptive, with the hope that a comprehensive picture of the problem under study can be obtainedThe conclusion in this study is that producers or business actors must carry out their business in accordance with predetermined production guidelines. Business actors who commit violations will be subject to sanctions in accordance with the provisions stipulated in Article 60 to Article 63 of Law No. 8 of 1999 concerning Consumer Protection.Keywords : Law, Consumer Protection, Expired Food]]>
<![CDATA[Juridical Analysis Of Advocacy Switching Reviewed From Advocate Law ]]>
<![CDATA[Muhammad Ali Sariati]]>
<![CDATA[ Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[UNISSULA Semarang ]]>
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DOI: 10.26532/khaum.v16i4.19288
<![CDATA[This study aims to determine and analyze the mechanism for taking the Advocate's oath after the issuance of the Letter of the Chief Justice of the Supreme Court Number 73/KMA/HK./IX 2015, as well as analyzing the suitability of the Letter of the Chief Justice of the Supreme Court Number 73/KMA/HK.01/IX/2015 in accordance with Article 28 paragraph (1) of Law Number 18 of 2003 concerning Advocates. This type of research is included in the typology of normative legal research, which is a research based on legal materials, both primary and secondary legal materials.Second,The provisions of Article 28 of Law Number 18 of 2003 concerning Advocates emphasize that there is only one organization of Advocates with the aim and purpose of improving the quality of the advocate profession but in fact the purpose of the establishment of Law Number 18 of 2003 concerning Advocates is to limit the Advocate Organization to only one the organization has changed so that there is no longer a limit on the organization of advocates, so that the organization of advocates becomes more and more controlled as a result of the enactment of the Chief Justice of the Supreme Court Number: 073/KMA/HK.01/IX/2015]]>
