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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 20 Documents
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Search results for , issue "Vol 16, No 4 (2021): December 2021" : 20 Documents clear
Systematic Construction of Articles of Criminal Defamation In the ITE Law Ega Rizky Pangastuti
Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021
Publisher : Jurnal Hukum Khaira Ummah

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Abstract

Court decisions can be seen as the laboratory of logic after considering (legal reasoning) the legal facts that appear in court. The criminal defamation article has become a controversial law because of its elastic interpretation. The purpose of this article is to examine and analyze the systematic construction of the defamation article and its juridical consequences in article 27 paragraph (3) of Law No.19 of 2016 concerning Electronic Information and Transactions. The method used is normative juridical and analytical orientation using a conceptual approach (Concept Approach) and a statutory approach (Statue Approach). The conclusion of the research is that the systematic construction of criminal defamation articles is formulated first: legal subjects (adresat), second: acts or criminal acts, third: criminal sanctions (jail and fines). The phrase “transmitted” is an extensive juridical formulation/formulation in accordance with the phrase “in public” as formulated in the Criminal Code. Disgraceful acts are formulated cumulatively (the word “and”) include intentionally and without rights (1) distributing and/or (2) transmitting and/or (3) making accessible Electronic Information and/or Electronic Documents. The formulation of the action convicted is cumulative-alternative marked by the phrase "and/or". The juridical weakness of this law is that there is no determination of the offense as a "crime" or "violation". This fact can be interpreted as the skepticism of legislators in the criminal approach in the ITE Law. The juridical consequence of the application of this article is the provision of a complaint offense. It is recommended that the formulation of the complaint offense follow the principle of harmonization of the main criminal law system (KUHP).Keywords: Systematic Construction of Criminal Articles, Defamation
IMPLEMENTATION OF DIVERSION AS A RESTORATIVE JUSTICE APPROACH TO CHILD PERFORMERS IN NARCOTICS CRIME (Case Study in Tangerang Area) Ismu Armanda S
Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021
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Abstract

The research problem is how to solve children who commit narcotics crimes in the conception of legal certainty and how to implement diversion against children who commit narcotics crimes in the Tangerang City area in the construction of the legal system. The research method uses sociological juridical. The type of research used is a research that combines Normative Legal Research and Empirical Legal Research. The data sources for this research are primary data and secondary data. This research is classified as research with qualitative data types, namely by processing the results of a literature study.The results of this study indicate that children who abuse narcotics are children who are victims of their own actions so that children who abuse narcotics are considered victims, not perpetrators of crime. And there are many provisions regarding restorative justice, whether issued by the Supreme Court, the Attorney General's Office, the police, or from other institutions. So as a restorative justice approach as an effort to resolve cases, namely seeking the application of diversion against narcotics abuse for children, it is carried out with deliberation procedures in accordance with the Law on the Juvenile Criminal Justice System and the appropriate action for child offenders is rehabilitation. With this restorative justice approach as a settlement effort at the investigation level without going through a judicial process involving all parties. This research is also expected to be a reference material for law enforcement officers in realizing legal certainty efforts. Keywords: Application, Restorative Justice, Children, Drugs, Rehabilitation, Law Enforcement Officials, Legal Certainty.
Law Enforcement For Children Against The Law Based On A Restorative Justice Approach Vidya Ayu Pratama
Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021
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Abstract

The purpose of this research is to identify and analyze law enforcement for children in conflict with the law based on a restorative justice approach and to identify and analyze the obstacles and solutions to law enforcement for children in conflict with the law based on a restorative justice approach . This study uses a sociological juridical approach, with analytical descriptive research methods. The data used are primary and secondary data which will be analyzed qualitatively. The research problem was analyzed using the theory of justice and the theory of the purpose of criminal law. The result of the research is that law enforcement for children in conflict with the law is by implementing a restorative justice policy. Restorative justice is an approach to justice based on the philosophy and values of responsibility, openness, trust, hope, healing and "inclusiveness", which focuses on reparation for losses due to crime, in addition to trying to encourage perpetrators to be responsible for their actions, through providing opportunities the parties directly affected by the crime, namely victims, perpetrators and the community, by identifying and paying attention to their needs after the crime has occurred, and seeking a solution in the form of healing, reparation and reintegration as well as preventing further losses. The obstacles faced in implementing the restorative justice approach at the Semarang City Public Prosecutor's Office are a. There are weaknesses in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which causes the Diversion obligation to not be fulfilled, b. The Public Prosecutor is considered less than optimal in carrying out efforts to implement Diversion, c. Today's society thinks that the most appropriate punishment for a criminal behavior is a crime, while the solutions implemented by the Semarang City District Attorney are as follows: a. Conducting socialization of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System to all related parties, b. Providing education and training for law enforcement officers in order to increase competence in understanding the protection of children based on the latest juvenile criminal justice system. c. Accelerate the preparation of Government Regulations related to Law Number 11 of 2012. D. Prepare facilities and infrastructure that support the enactment of Law Number 11 of 2012.
Harmonization and Good Relations in Polygamous Families Ely Lidiana
Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i4.19291

Abstract

This research is made based on facts and circumstances that occur, which is a daily picture of women who live as wives in a polygamous marriage. In this paper, an argument will be presented that will refute the negative opinion of some people about polygamous marriage, where for most people, especially feminists who have the opinion that polygamous marriage is only aimed at venting sexuality and more discriminating against women and children. In proving this argument, the author uses descriptive qualitative research methods with a phenomenological approach where data collection is done by direct observation, interviews and documentation. This research was conducted in a village which is the village where the author was born and is the author's family.
Criminological Review of Child Narcotics Abuse Afridho Zulmi
Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021
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Abstract

The enactment of Law Number 35 of 2009 concerning Amendments to Law Number 22 of 1997 concerning Narcotics (Narcotics Law) to increase activities to prevent and eradicate abuse and illicit trafficking of narcotics which are very detrimental and endanger the lives of teenagers, society, nation and state . This writing aims to find out and analyze the criminological review of narcotics abuse committed by teenagers and the efforts made by the Semarang Police Station in overcoming the crime of narcotics abuse committed by teenagers.The approach method used in this study is an empirical juridical approach, meaning research on the effect of the enactment of positive law from the legal aspect and on the effect of its enactment on society. The theory used as an analytical knife is the theory of criminology and the theory of law enforcement.The results show that according to a criminological perspective, crime is a pattern of behavior committed by individuals or groups of individuals (structured/unstructured), or organizations (formal/non-formal) in society that harm society (material, physical, psychological). The causes of children and adolescents committing narcotics abuse, namely: Causes from within and the personality of children and adolescents, causes originating from parents/family, causes originating from peer groups, causes originating from community life, processes of social change and shifts in values fast. Efforts made by the police in overcoming the crime of drug abuse committed by teenagers are by making penal efforts and non-penal efforts. Penal efforts are carried out through a legal process and for child perpetrators, diversion can be carried out. Non-penal efforts are carried out by the Police through preemptive efforts, preventive efforts, and repressive efforts.
IMPLEMENTATION OF THE AUTHORITY OF THE HEALTH CENTER FOR SUPERVISION OF CHILDREN'S INTELLIGENT PROPERTY Bernardo da Cruz
Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021
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Abstract

Article 369 of the Civil Code states that if guardianship is ordered by a judge, the clerk at the court concerned must immediately notify by letter of the appointment to the Heritage Hall with a statement. However, not all courts send copies of the existence of guardianship to the Balai Harta Peninggalan. This research is a normative juridical research using secondary data which is supported by primary data in the field. The results of the analysis are presented descriptively. Field data were taken through interviews with the Chair and Secretary at the Balai Harta Peninggalan Semarang. As for the authority of the Balai Harta Peninggalan in supervising the property of minors, it is that the task of the Balai Harta Peninggalan in supervising the guardian's duties does not run properly, especially because there is no synchronization between implementation and the regulations that govern it , where there is a lack of cooperation between relevant agencies, such as the District CourtKeywords: Trust, Heritage Hall, Supervisory Guardian.
The Effectiveness Of The Death Criminal Threat In The Framework Of Narcotics Crime Handling Didik Risdiyanto
Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i4.19367

Abstract

The problems studied and analyzed include how the effectiveness of the death penalty in dealing with narcotics crimes and the death penalty can cause a deterrent effect on narcotics abuse. In Law no. 35 of 2009 concerning Narcotics, there is a death penalty. The eradication of narcotics is not only a discourse, but law enforcement officers such as the police and others must also participate in helping to eradicate narcotics in order to achieve the prosperity and welfare of the Republic of Indonesia that is free from drugs. As a sovereign country, of course, in terms of eradicating narcotics, the government must continue to increase efforts in providing counseling and understanding about the dangers of narcotics and their sanctions as a preventive effort for narcotics circulation so that they can make people aware of the dangers of narcotics. To overcome the widespread circulation of narcotics, in Law no.
IMPLEMENTATION OF CHILD PROTECTION POLICY ON THE EXPLOITATION OF CHILD LABOR (STUDY IN SEMARANG CITY) M. Fajar Fatkhan Fuadi
Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021
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This research aims to; The first is to describe the implementation of the policy for overcoming child labor in the city of Semarang, second, to find out the factors that influence the success of the implementation of the policy to combat child labor. The approach method used issociological juridicalThe results showed that; Cooperation between government agencies is not good, the benefits of implementation are not felt, budget resources are not supportive, social, economic and family conditions are influential. Recommendations that the authors give: expand the range of services and handling child labor, build studios for children, need budget specifications, provide skills for child workers.Keywords: Child labor, child exploitation, legal protection
Readiness Of Religious Court Judges In Facing Sharia Economic Disputes Ikhsan Al Hakim
Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021
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Abstract

The preparation of this thesis was motivated by the anxiety of the compilers after Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning the Religious Courts, because in the Law in particular Article 49 (i) there is a new authority which is the task of resolving Economic Disputes. Shari'ah, as for the court officials who are most competent in the context of enforcing the law, are judges. For this reason, this study aims to determine the readiness of the judges of the Wonosobo Religious Court and the Temanggung Religious Court in dealing with the Syari'ah Economic Dispute case. This type of research is field research, namely in some of the Wonosobo Religious Courts and the Temanggung Religious Courts which include the Temanggung Religious Courts, Wonosobo with a descriptive research design. The data collection method used is by distributing questionnaires to all judges at the Wonosobo Religious Court and the Temanggung Religious Court. From the results of the research above, it can be said that all judges at the Wonosobo Religious Court and the Temanggung Religious Court are ready to settle the case of the Sharia Economic Dispute. 
The Prosecutor's Authority In Criminal Enforcement With A Restorative Justice Approach R. Budi Haryanto
Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021
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Abstract

At present, the community pays serious attention to law enforcement, especially the judicial process, especially small cases that are brought to court, and the community considers this to be contrary to the value of justice in society, so that these small cases should be resolved off track. law, namely through restorative justice. Prosecutors can use their powers to rule out the case. Prosecutors are expected to be able to implement a restorative justice approach in carrying out their duties and functions as Public Prosecutors. The purpose of this study is to identify and examine the authority of the Prosecutor's Office in law enforcement of criminal acts with a restorative justice approach. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are primary data and secondary data obtained through interviews and literature study, then analyzed qualitatively. The results of this study are the authority of the Prosecutor's Office in law enforcement of criminal acts with a restorative justice approach based on the principle of opportunity or the principle of discretion to demand, which is regulated in Article 35 letter c of Law Number 16 of 2004 and the Elucidation of Article 77 of the Criminal Procedure Code. 

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