cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota semarang,
Jawa tengah
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 171 Documents
 14   15   16   17   18 
THE PROSECUTOR'S AUTHORITY IN CRIMINAL LAW ENFORCEMENT WITH A RESTORATIVE JUSTICE APPROACH Alfi Nur Fata
Jurnal Hukum Khaira Ummah Vol 16, No 3 (2021): September 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i3.19364

Abstract

This study aims to identify and describe the authority of the Prosecutor's Office in enforcing criminal law with a restorative justice approach. This study uses a normative juridical approach with descriptive analysis. The data used is secondary data obtained through literature study, which is then analyzed qualitatively. The results of this study are the authority of the Prosecutor's Office in enforcing criminal law with a restorative justice approach based on the principle of opportunity, which is regulated in Law Number 16 of 2004 Article 35 letter c of Law Number 16 of 2004, Elucidation of Article 77 of the Criminal Procedure Code, and Law No. Number 11 of 2012. The principle of opportunity needs to be given to all prosecutors, in order to be able to resolve criminal cases that according to the community do not need to be resolved to court. With the authority of opportunity, each Prosecutor can explore and discover the values of justice that grow and develop in social life. Currently, the application of restorative justice by the Prosecutor's Office has been regulated in the Regulation of the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020, in which the application of restorative justice is carried out by closing cases in the public interest through cessation of prosecution. Keywords: Restorative Justice, Prosecutor's Office, Authority, Law Enforcement, Criminal
Obstacles To The Investigation Process In The Military Justice System Related To Ankum's Authority As Investigator Wijaya Ardi
Jurnal Hukum Khaira Ummah Vol 16, No 1 (2021): March 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i1.19297

Abstract

The purpose of this research isto analyze the obstacles to the investigation process by Military Police investigators and/or Otmil faced with Ankum's role as an investigator in resolving cases of TNI soldiers. This legal research is a normative juridical research using the Act as the primary legal material. The Military Justice System has three investigator components, namely superiors who have the right to punish (Ankum), Military Police (Pom), Military Oditur (Otmil). Ankum as a criminal investigator is regulated in Article 69 paragraph (1) of Law No. 31 of 1997 concerning Military Courts. Law enforcement in the military justice environment sometimes encounters obstacles, with the large authority of the unit commander as Ankum. The conclusion from this paper is that the obstacles that are often faced are:by investigators of the Military Police and/or Otmil faced with Ankum's role as an investigator in resolving cases of TNI soldiers, among others, a conflict of authority in the investigation process, a conflict of norms in determining the detention of a suspect, Ankum does not meet the formal requirements as an investigator, Ankum tends to defend his subordinates and the investigation takes a relatively long time due to bureaucratic problems. The solution to this problem must be an amendment to the Military Court Law so that there is clear certainty about Ankum's authority in resolving criminal cases committed by soldiers under his command to provide legal certainty for all parties.
Local Government Policies Related To Transfer Of Agricultural Land Functions To Non Agricultural Governments Sutapa Mulya Sanjaya; Widayati Widayati
Jurnal Hukum Khaira Ummah Vol 16, No 2 (2021): June 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i2.19344

Abstract

The purpose of this study was to determine and analyze the Batang Regency Government's Policy Regarding the Transfer of Agricultural Land Functions to Non-Agriculture.In this paper, the author uses a sociological juridical method. In the discussion that the uncontrolled transfer of agricultural land to non-agricultural functions can have an impact in the form of disturbances to the balance of the environment and a decrease in agricultural production, especially rice. Disturbances to the environment occur, for example, housing construction causes flooding in the area below. In general, the Batang Regency Government's policies related to the conversion of agricultural land to non-agriculture in the form of several regulations and their implementation have not fully protected food agricultural land as mandated by the Law on Protection of Sustainable Food Agricultural Land. The stipulation of the Regional Regulation on the Batang Regency Spatial Planning has not been followed by the stipulation of detailed regulations.
Juridical Analysis Of Advocacy Switching Reviewed From Advocate Law Muhammad Ali Sariati
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.v16i4.19288

Abstract

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
Criminological Study On Children As Actors Of The Crime Of Theft Yunita Lestari
Jurnal Hukum Khaira Ummah Vol 17, No 4 (2022): December 2022
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v17i4.19331

Abstract

This paper aims to find out and the factors that cause children to commit the crime of theft are studied criminologically, in this study using an empirical juridical writing method, namely research conducted on the real situation of society or the community environment with the intent and purpose of finding facts, which then leads to identification and ultimately leading to problem solving with data sources obtained directly through field observations and interviews with respondents regarding children who are perpetrators of the crime of theft.The results of this study are that the factors that cause children to commit the crime of theft are caused by several kinds of factors, namely economic factors, family factors, educational factors, and environmental factors. good morals and morals so that children do not commit crimes, besides that community participation is no less important in building a safe, orderly, and child-friendly environment.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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
CRIMINAL LAW POLICY IN IMPLEMENTATION LEGAL PROCESS AGAINST GENERAL CRIME WHAT IS DONE BY INDONESIAN NATIONAL ARMY SOLDIERS Handoko Handoko
Jurnal Hukum Khaira Ummah Vol 17, No 4 (2022): December 2022
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v17i4.19318

Abstract

This thesis examines the policy of criminal law in the implementation of the legal process against general crimes committed by Indonesian National Armed Forces Soldiers. Starting from Law Number 34 of 2004 concerning the Indonesian National Army, Article 65 Paragraph 2 which regulates soldiers to be subject to the power of the military courts in the case of violations of the military criminal law and subject to the powers of the general courts in the case of violations of the general criminal law. This brings a very basic change, because so far the military court has the authority to process the law to try all crimes committed by soldiers, both military crimes and general crimes. This type of research is normative legal research with a normative juridical approach.Keywords : Criminal law policy, Legal process, Soldiers who commit general crimes.
Role of Forest Management Units in Managing the Crime of Illegal Logging Shoviyanto Shoviyanto
Jurnal Hukum Khaira Ummah Vol 16, No 3 (2021): September 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i3.19366

Abstract

This study aims to determine the form and analyze law enforcement against illegal logging crimes in the process of tackling as well as to find out the obstacles faced and provide solutions in overcoming the crime of illegal logging according to KPH Pati Central Java related to forest management. This study uses a sociological juridical approach. Weak law enforcement against perpetrators of illegal logging. The policy of overcoming the crime of illegal logging in the KPH Pati area of Central Java is carried out with 2 (two) facilities, namely non-penal facilities and penal facilities. Non-penal means consist of 2 (two) patterns, namely the preemptive pattern and the preventive pattern. The penal tool uses a repressive pattern. The obstacles faced by KPH Randublatung in tackling the crime of illegal logging consist of external obstacles. The solution to the obstacles to the KPH Pati in Central Java is conducting outreach to local residents, conducting patrols, installing signposts that are prohibited from illegally cutting trees.
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
Publisher : Jurnal Hukum Khaira Ummah

Show Abstract | Download Original | Original Source | Check in Google Scholar

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
Publisher : Jurnal Hukum Khaira Ummah

Show Abstract | Download Original | Original Source | Check in Google Scholar

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.

Page 16 of 18 | Total Record : 171

 14   15   16   17   18 

Filter by Year

2017 2023


Reset
Filter By Issues
All Issue Vol 18, No 1 (2023): March 2023 Vol 17, No 4 (2022): December 2022 Vol 17, No 3 (2022): September 2022 Vol 17, No 2 (2022): June 2022 Vol 17, No 1 (2022): March 2022 Vol 16, No 4 (2021): December 2021 Vol 16, No 3 (2021): September 2021 Vol 16, No 2 (2021): June 2021 Vol 16, No 1 (2021): March 2021 Vol 15, No 4 (2020): December 2020 Vol 15, No 3 (2020): September 2020 Vol 15, No 2 (2020): June 2020 Vol 15, No 1 (2020): March 2020 Vol 14, No 4 (2019): December 2019 Vol 14, No 3 (2019): September 2019 Vol 14, No 2 (2019): June 2019 Vol 14, No 1 (2019): March 2019 Vol 13, No 4 (2018): December 2018 Vol 13, No 3 (2018): September 2018 Vol 13, No 2 (2018): June 2018 Vol 13, No 1 (2018): March 2018 Vol 13, No 1 (2018) Vol 12, No 4 (2017): December 2017 Vol 12, No 3 (2017): September 2017 Vol 12, No 2 (2017): June 2017 Vol 12, No 1 (2017): March 2017 Vol 12, No 2 (2017) Vol 12, No 1 (2017) More Issue