Jurnal Hukum Khaira Ummah is published every 4 times a year, namely March, June, September and December. Published by the Masters Program (S2) of Law, Faculty of Law, UNISSULA Semarang, as a publication media for scientific works of students, lecturers and the wider community in the development of progressive, responsive and value-laden legal science. First published in March 2006 when it was still printed on paper and starting in 2017 entered the electronic publication system. The editorial team accepts scientific conceptualization and research results, a maximum of 20 single-spaced quarto pages. The editors have the right to edit the manuscript as long as it does not change the substance. For more details, you can follow the Template provided by the JuHuKU management.
The Role of Bhabhinkamtibmas in Combating Crimes Committed by Youth Through Coffee Farming Empowerment (Case Study of Girimulyo Kulon Progo Research)
This study aims to determine and analyze the role of Bhabinkamtibmas in the context of overcoming criminal acts committed by young people through empowering coffee farming in the Purwosari area, Kapanewon Girimulyo Kulon Progo in order to prevent criminal acts, and the obstacles encountered by Bhabinkamtibmas in the context of overcoming criminal acts committed by young people through empowering coffee farming, as well as solutions in anticipating the obstacles encountered. This research approach is carried out using sociological juridical, namely identifying and conceptualizing law as a real and functional social institution in a real life system, after primary and secondary data are obtained, a qualitative analysis is carried out, namely a material analysis method by describing the data obtained in the form of detailed and clear sentences, using deductive and inductive thinking methods. The results of the study can be concluded that the role of Bhabinkamtibmas in the context of overcoming criminal acts committed by young people through empowering Coffee Farming is carried out in two ways, namely first identifying the background of the problem related to the importance of carrying out agricultural empowerment, Second implementing the results of the identification that has been formulated by preventing criminal acts through a social approach, the lack of employment opportunities and skills possessed by young people, carrying out mentoring efforts to encourage becoming entrepreneurs who are closer to the digital market and becoming a facilitator with competent stakeholders. Obstacles encountered are lack of technical knowledge, lack of resources and facilities, lack of community participation, weather and environmental constraints, climate change, pests, and plant diseases that can affect crop yields, coordination with related agencies, and the private sector. budget limitations. Solutions in overcoming obstacles in changing mindsets by showing that coffee farming can be a profitable business holding interesting training and workshops, such as barista techniques, coffee roasting, and digital marketing, by promoting the success stories of young coffee farmers as inspiration, Encouraging business capital assistance programs or people's business credit (KUR) specifically for young farmers. Proposing a land rental program from senior farmers to young people to start farming, Encouraging cooperation between young people in the form of cooperatives or agribusiness communities, Holding coffee cultivation training from upstream to downstream by involving agricultural experts and coffee industry players, providing internship programs on coffee plantations or coffee processing industries.
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Review of Criminal Liability Law Disbursement of Fictive Credit Funds by Banks in Perspective of Criminal Aspects of Banking
The anatomical pattern of fictitious mode crimes can be used by banks, some elements of fictitious mode only, or all elements of fictitious mode are used, so that this fictitious mode can be faced by banks because it comes from outside or from within. But banks can also use it themselves from outside and from within, when the bank uses fictitious mode from outside and from within, then the funds that are actually distributed will appear and the funds that are distributed are only records or documents or transactions, but the funds do not exist or are empty, imaginary, so that they become fictitious, then fictitious funds or credit funds become fictitious credit. This research aims to find out and analyze (1) the legal nature of criminal policy in the banking sector, (2) patterns of criminal responsibility for the disbursement of fictitious credit funds by banks, (3) legal problems of criminal responsibility in cases of disbursement of fictitious credit funds by banks. The approach method used in this study is normative juridical. The specifications of this study are descriptive analytical. The data source used is secondary data. Secondary data is data obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of the study and discussion can be concluded: (1) Law No. 10 of 1998 concerning Banking, specifies thirteen types of banking crimes (Articles 46 to 50), of which thirteen crimes can be classified into four types of crimes, namely: crimes related to licensing; crimes related to bank secrecy; crimes related to supervision and guidance; crimes related to banking business. (2) Implicated by the provisions of laws and regulations governing fictitious credit, the suspect can be subject to criminal responsibility under Article 49 of Law No. 10 of 1998 concerning Amendments to Law No. 7 of 1992 concerning Banking. Paragraph 1 states that: Members of the Board of Commissioners, Directors or bank employees who intentionally make or cause false records to be made in the books or in the reporting process, or in documents or reports on business activities, transaction reports or accounts of a bank. (3) Conceptually, the cumulative-alternative formulation system has been regulated in Law Number 1 of 2023 concerning the Criminal Code, whereby if the fine is not paid, the property is confiscated and auctioned to pay the fine or taken from the convict's income and if there is none (not enough), a substitute prison sentence/imprisonment is imposed for a period not exceeding the maximum prison sentence/imprisonment threatened.
Analysis of Criminal Punishment of Perpetrators of The Criminal Act of Theft with Aggrevaction from The Perspective of Legal Certainty (Study of Decision Number 126/Pid.B/2024/PN Pml)
This study aims to analyze the legal aspects of the crime of aggravated theft in the context of social justice, focusing on Case Number 47/Pid.B/2022/PN Lbo. This study examines the application of criminal sanctions to the perpetrator and considers the judge's perspective in issuing the verdict. The research problem formulation covers two main aspects: first, how criminal sanctions are applied in this case, and second, how the judge's considerations reflect the values of social justice. This study uses a descriptive analysis method to explore the legal aspects of the crime of aggravated theft, focusing on Case Number 47/Pid.B/2022/PN Lbo. The research findings demonstrate the importance of a social justice-based approach to law enforcement, which focuses not only on punishment, but also on rehabilitation and crime prevention, to create a fairer and more effective justice system.
Criminal Responsibility for Criminal Acts of Misuse of Transportation and Trade of Subsidized Fuel Oil (Study of Decision Number 434/Pid.B/Lh/2022/Pn.Mgl)
Natural resources are anything that comes from nature that can be used to meet human needs. Indonesia's agricultural products are used for the welfare and prosperity of the people for the development of national development in Indonesia. However, in reality there are still many people who abuse the transportation and trade of subsidized diesel fuel. The criminal act of misuse of the transportation and trade of subsidized diesel fuel is regulated in the provisions of Article 55 of Law Number 22 of 2001 concerning Oil and Natural Gas, the act of transporting, storing distribution, stockpiling and selling Fuel Oil (BBM). Therefore, this research aims to know criminal responsibility of perpetrators of criminal acts of illegal transportation and trading of subsidized fuel, and then to know to apply criminal sanctions to perpetrators of criminal acts of illegal transportation and trading of subsidized fuel in the judge's decision. The approach method used in this research is a sociological juridical approach. The research specifications used are descriptive analysis, primary and secondary data sources and using qualitative analysis. This writing analyzes the problems analyzed using the theory of responsibility and the theory of legal certainty. Based on the research results, the responsibility of perpetrators of criminal acts of illegal transportation and trading of subsidized fuel is to be held accountable for their actions which violate Indonesian criminal law or can be called criminal acts. Criminal responsibility needs to fulfill at least 3 (three) elements formulated by law and there is a criminal threat for the action. Thus, according to this act, it violates Article 40, 9, Paragraph 5, Part Four, Chapter 3 of Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation which amends Article 55 of Law of the Republic of Indonesia Number 22 of 2001 concerning Oil and Natural Gas jo. Article 55 paragraphs (1) 1 of the Criminal Code and Law Number 8 of 1981 concerning Criminal Procedure Law and other relevant laws and regulations. The application of criminal sanctions to perpetrators of the crime of illegally transporting and trading in subsidized fuel is an act of intentionally misusing the transport and/or trade in government-subsidized oil, gas and/or liquefied petroleum gas, which is a criminal offence.
Legal Review of The Implications of The Principle of Dominus Litis for Prosecutors with Restorative Justice Efforts in Criminal Justice Processes (Research Study at The West Halmahera District Attorney's Office)
Currently, the legal system in Indonesia is experiencing development. This development emphasizes the orientation of criminal case resolution which was initially based on the retributive paradigm that provides retribution for crimes committed by the perpetrator towards a new approach model, namely "Restorative Justice". In order to adapt to existing developments and achieve legal and national goals, the Prosecutor has issued a legal product regarding restorative justice in handling criminal cases at the prosecution stage (the authority of the Prosecutor as Dominus Litis). This study aims to determine and analyze (1) a philosophical legal review of the concept of restorative justice in the Indonesian criminal justice system, (2) the relationship between the principle of dominus litis of the prosecutor and restorative justice efforts in the criminal justice process, and (3) the problem of the function of dominus litis of the prosecutor in applying the concept of restorative justice in the criminal justice process. The approach method used in this study is sociological juridical. The specifications of this study are descriptive analytical. The data sources used are primary data and secondary data. Primary data is data obtained directly from the field or from the first source and has not been processed by other parties. While secondary data is obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of the research and discussion can be concluded: (1) Restorative justice philosophically has a foundation contained in the fourth and fifth principles of Pancasila, which have the essence of meaning towards the values of deliberation and justice. Pancasila as the ideology and outlook on life of the Indonesian nation is used as a guide for all activities in life in every field. (2) This new justice model is then formulated in the form of technical instructions that can be used as a reference in handling cases with a restorative justice approach. On July 21, 2020, the Indonesian Attorney General issued Regulation of the Attorney General of the Republic of Indonesia Number: 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. Restorative justice is one of the efforts that can be made by the Prosecutor's Office in functionalizing the principle of Dominus Litis. (3) The regulation regarding the principle of dominus litis through restorative justice in the Criminal Procedure Code (KUHAP) in Indonesia is still unclear. Restorative justice is a legal approach that emphasizes reconciliation between perpetrators, victims, and the community, and has not been regulated in detail in the current Criminal Procedure Code.
Dropshipping in Batam Bonded Area: Tax Consultants' Challenges in Preventing Value Added Tax Disputes
This research analyzes the complexity of Value Added Tax (VAT) implementation in dropshipping business practices within the Batam Bonded Zone, given the rapid growth of the digital economy and the nature of cross-jurisdictional transactions. This thesis aims to identify the f i scal compliance challenges faced by dropshipping actors and tax authorities, and to formulate policy recommendations that align with both positive legal frameworks and Sharia ethics. Using a juridical- normative approach enriched with empirical data through in-depth interviews, this study examines the inconsistencies of de minimis rules, the ambiguity in determining VAT' s point of incidence, and their implications for the principles of justice (adl) and legal certainty. The findings indicate that the current regulatory ambiguities create gharar (excessive uncertainty) which potentially reduces tax legitimacy in the eyes of Muslim taxpayers. Although specific mediation cases related to dropshipping VAT disputes in Bonded Zones are not widely documented, mediation is identified as a potential alternative dispute resolution mechanism that is more efficient and adaptive. This research concludes that regulatory harmonization between digital business dynamics and Sharia principles is highly necessary, and offers a comprehensive theoretical framework integrating positive law and Islamic ethical dimensions, with novelty in its specific analysis of the Batam Bonded Zone and the role of mediation as a solution.
Legal Protection for Boarding House Owners for The Transfer of Rent to a Third Party (Study on 8888 Boarding House in North Sumatra)
In everyday life, as social beings, humans always interact with other humans to meet their needs, especially students. Students who pursue education come not only from educational centers but also from various regions. Residents living in the surrounding area take advantage of this opportunity to start businesses by temporarily renting out their buildings and residences, including rooms. The type of research used in this study is legal research, using an empirical juridical legal research approach. Empirical legal research takes the form of community legal behavior. The data source for empirical legal research is not based on written positive law, but rather on observations at the research location. The binding relationship is based on the provisions of Article 1548 of the Civil Code, first between the boarding house owner and the tenant, second between the tenant and a third party. The relationship that occurs between the boarding house owner and the tenant occurs legally based on an agreement to enter into a rental agreement for the object of the rental, namely the boarding house owned by the boarding house owner himself, and the second relationship that occurs is between the tenant and the third party. The legal consequences arising from the transfer or re-renting of the Boarding House for the parties based on the provisions of Article 1267 of the Civil Code are that the owner of the boarding house has the right to immediately terminate the agreement and can cancel the agreement that was made by the parties and ask for compensation, as a result of the cancellation of the Boarding House rental agreement, the rental agreement made by the tenant with the third party is also null and void by law. Efforts made to resolve the rental of this Boarding House are carried out by taking action independently and through deliberation.
Legal Responsibility of Perpetrators of The Criminal Act of Aggravated Theft (Study of Decision No. 47/Pid.B/2022/Pn Lbo)
This study aims to analyze the legal aspects of aggravated theft in the context of social justice, focusing on Case Number 47/Pid.B/2022/PN Lbo. It examines the application of criminal sanctions against the perpetrator and considers the judge's perspective in delivering the verdict. The research addresses two main questions: first, how are criminal sanctions applied in this case, and second, how do the judge's considerations reflect the values of social justice. Employing a descriptive analytical method, this study explores the legal dimensions of aggravated theft within the specified case. The findings underscore the importance of a social justice-based approach in law enforcement, which emphasizes not only punishment but also rehabilitation and crime prevention, in order to create a more equitable and effective justice system.
Legal Responsibility for Corruption Policies in Digital-Based Local Government Goods and Services Procurement Mechanisms
Policy corruption in digital-based local government procurement mechanisms is a serious threat to the integrity of governance and national development. This phenomenon specifically occurs when public regulations or policies, such as overly specific technical requirements or qualification criteria that deviate from fair procurement principles, are manipulated to benefit certain goods/services providers who have close ties with policy makers. This manipulation exploits gaps in digital systems that should be designed to increase transparency and accountability, for example by deliberately creating ambiguity in electronic auction specifications or limiting access to digital platforms for other potential providers. Therefore, the author raises the title "Legal Responsibility for Policy Corruption in Digital-Based Local Government Procurement Mechanisms". The research method uses a normative juridical approach, namely by examining primary, secondary and tertiary materials, primary legal materials consist of the 1945 Constitution, Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods/Services and various official documents containing law, then examining secondary legal materials in the form of books, journals, articles, research reports and so on. This research uses 2 approach models, namely carried out with a Statute approach and a conceptual approach. The analysis method of this qualitative juridical research is an analysis method used to describe data comprehensively and qualitatively in the form of sentences that are coherent, orderly, logical, and effective to facilitate data interpretation and understanding of the results of the analysis, the analytical tools used in this study use the theory of legal responsibility and the theory of legal certainty The digital-based procurement mechanism for regional government goods and services is regulated by Presidential Regulation No. 12 of 2021 concerning Amendments to Presidential Regulation No. 16 of 2018 concerning Government Procurement of Goods/Services, supported by the LKPP Regulation as a technical guideline. Legal liability for corruption in digital-based regional government goods and services procurement policies, with criminal liability regulated by the Corruption Law, civil liability can be filed, and administrative sanctions are imposed in the form of a National Blacklist sanction by the LKPP.
Legal Analysis of The Criminal Responsibility of Children in The Criminal Act of Insulting Children to Commit Sexual Interculation (Study of Decision Number 1/Pid.Sus.Anak/2025/Pn Bjm)
This research aims to analyze the criminal responsibility of children in the crime of inducing a child to engage in sexual intercourse, using the case study of Decision Number 1/Pid.Sus.Anak/2025/PN Bjm. The research focus includes the application of criminal liability principles to children, the legal factors influencing children's criminal liability, special legal treatment and protection, as well as efforts to reform laws and policies on children's criminal law enforcement to make it more effective in the future. The research method uses a juridical-normative approach, with analysis of court decision documents, relevant legislation, and legal literature. The research results indicate that the application of the principles of criminal responsibility for children prioritizes guidance and rehabilitation, not solely retributive punishment. Legal factors such as the age of criminal responsibility, the ability to be held accountable, the element of fault, and the causal relationship are the main considerations in determining a child's accountability. Additionally, diversion mechanisms, legal protection, and psychological support are important instruments for ensuring children's rights are protected. This research also highlights the need for legal and policy updates, including improving diversion mechanisms, integrating restorative justice principles, using information technology for monitoring rehabilitation programs, and adopting best practices from other countries that are effective in reducing child recidivism. In conclusion, the application of the principles of juvenile criminal responsibility in Indonesia has already integrated theories of criminal responsibility, rehabilitation, and restorative justice, but legal and policy reforms are still needed to improve effectiveness, fairness, and protection for both child offenders and victims.
Criminal Law Enforcement Model for the Crime of Killing Protected Elephants (Elephas Maximus)
The purpose of this study is to analyze and explain the criminal law enforcement model for the crime of killing protected elephants (Elephas maximus) in Aceh Jaya, and the inhibiting factors and efforts to enforce criminal law against the crime of killing protected elephants (Elephas maximus) in Aceh Jaya. This study uses an empirical juridical research method with a qualitative approach. Based on the research that has been conducted, it can be concluded that the model of Criminal Law Enforcement for the Crime of Killing Protected Elephants (Elephas Maximus) in Aceh Jaya is using the Due Process Model. This is because the court has provided space for each defendant to present their defense before the trial as a form of protection of the human rights of the defendants and the judiciary also applies the principle of presumption of innocence. Factors that inhibit law enforcement, reviewed from Court Decision Number 51/Pid.B/LH/2021/PN Cag regarding the killing of protected elephants in Aceh Jaya, namely: a) Lack of personnel from the Natural Resources Conservation Agency (BKSDA); b) Lack of community participation. Criminal penalties against the perpetrators are considered insufficient to deter them. Other law enforcement alternatives include revoking permits for plantation activities, particularly those within conservation areas.
Criminal Law Policy in the Framework of Overcoming Criminal Acts of Fraud and Fraudulent Acceptance Based on Justice
This study aims to determine and analyze criminal law policies in efforts to overcome criminal acts of fraud and receiving money in current positive law, legal problems that occur in criminal law policies to overcome criminal acts of fraud and receiving money in current positive law, and analyze criminal law policies in order to overcome criminal acts of fraud and receiving money based on justice. The normative legal approach method, analytical descriptive research specifications, the data used are secondary data, the data collection method is with literature study, and the data analysis method is qualitative analysis.The theories used are the Pancasila justice theory and progressive legal theory. Based on the research results, it was concluded that the criminal law policy in efforts to overcome the crime of fraud and receiving money in positive law currently still emphasizes retaliation and the injured victim becomes passive, thus not reflecting justice. This is due to legal problems, namely the formulation of criminal sanctions for fraud and the discussion is still thick on the values of imprisonment, the rights of victims are neglected, does not differentiate between minor and serious crimes, resulting in overcrowded prisons. The criminal law policy in order to overcome the crime of fraud and receiving money based on justice is a restorative justice approach, namely by avoiding imprisonment and prioritizing the obligation to pay compensation to victims of criminal acts, with the condition that there is an agreement between the victim and the perpetrator of the crime. This realizes justice for both victims and perpetrators, where the victim receives compensation for the losses they experience, while the perpetrator is accountable for his actions by providing compensation to the perpetrator of the crime.
Legal Review of Business Registration and Verification Service Mechanisms in Timor-Leste (SERVE, IP/Serviço De Registo E Verificação Empresarial, Instituto Publico)
This research aims to examine juridically and analytically the mechanism of business registration and verification services in Timor-Leste, which is carried out by the Serviço de Registo e Verificação Empresarial, Instituto Público (SERVE, IP) as a public institution responsible for the legalization process of business entities. The focus of the study is directed at the legal basis underlying the operation of SERVE, IP., the procedures of business registration and verification services, as well as the challenges faced in the implementation of government policies in the field of economic licensing. The research method used is normative juridical with a descriptive-analytical approach, through a literature review of regulatory analysis and relevant legislation, as well as official documentation from the Government of Timor-Leste. The approach method employed in the preparation of this thesis is normative juridical research (normative legal research). Normative juridical research is library-based legal research conducted by examining library materials or secondary data only. The results of the study show that the existence of SERVE, IP., has made a significant contribution to government efforts in creating legal certainty, transparency, and efficiency for entrepreneurs in Timor-Leste. The mechanism applied is relatively simple with the concept of a one-stop shop that facilitates the business registration process. However, its implementation still faces considerable challenges, including limited competent human resources, suboptimal utilization of information technology in the service system, and overlapping sectoral regulations with existing economic licensing laws. These factors affect the speed, effectiveness, and quality of services provided to the public and the private sector. To improve the effectiveness of the mechanism, efforts are needed to harmonize sectoral regulations with national economic licensing policies, strengthen the institutional capacity of SERVE, IP., and develop a more integrated digital service system. Thus, the business registration and verification policy implemented is expected to support private sector growth, improve the investment climate, and reinforce sustainable economic development in Timor-Leste.
"Legal Implications of Limiting Restorative Justice in Traffic Accidents Resulting in Death According to Article 235 of Law Number 22 of 2009 Concerning Road Traffic and Transportation"
Law Number 22 of 2009 concerning Road Traffic and Transportation (UU LLAJ), particularly Article 235, explicitly stipulates that traffic accidents resulting in death cannot be resolved through a restorative justice mechanism. This provision creates a juridical dilemma, especially when contrasted with the growing paradigm of restorative justice increasingly accommodated in the Indonesian criminal justice system, such as in the Regulation of the Chief of the Indonesian National Police Number 8 of 2021 on the Handling of Criminal Acts Based on Restorative Justice. This study aims to examine the juridical implications of such restrictions and assess their conformity with the principles of substantive justice, legal certainty, and the protection of the rights of both victims and offenders. The research method employed is normative legal research using a statute approach and a conceptual approach, complemented by empirical study through interviews with law enforcement officials and related stakeholders. The findings indicate that the prohibition of restorative justice in traffic accident cases resulting in death creates tension between legal certainty and the sense of justice within society, particularly when reconciliation occurs between the victim’s family and the offender. Although intended to uphold formal justice and provide victim protection, the restriction may in practice hinder case resolution that is more oriented toward substantive justice, humanity, and the restoration of social relations. Therefore, regulatory evaluation and harmonization are required to achieve a balance between legal certainty and the implementation of restorative justice in fatal traffic accident cases.
Law Enforcement of Corruption Crimes in the Buru District Attorney's Office with Legal Certainty (Case Study: Decision No. 40/Pid.Sus-Tpk/2022/Pn.Amb)
In enforcing corruption laws, the Prosecutor's Office has dual authority: conducting investigations, prosecuting, and enforcing criminal decisions. In practice, several obstacles remain, including difficulties in implementing decisions regarding payment of fines and restitution of state losses. This study aims to examine and analyze the enforcement of corruption laws at the Buru District Prosecutor's Office, the judge's considerations in Decision No. 40/Pid.Sus-Tk/2022/PN.Amb, and future corruption law enforcement in Indonesia. This research uses a sociological juridical approach, with descriptive analytical research specifications. The data used are primary and secondary data. Data collection methods include field studies and literature reviews, and data analysis methods are qualitative. The theories used in this research are the theory of justice, the theory of legal systems and the theory of legal certainty. Based on the research results it can be concluded that the law enforcement of corruption crimes at the Buru District Attorney's Office, particularly in decision Number 40/Pid.Sus-Tk/2022/PN.Amb, has complied with statutory regulations, both in investigations, indictments, prosecutions, and the implementation of judges' decisions. The judge's considerations in decision Number. 40/Pid.Sus-Tk/2022/PN.Amb are appropriate, namely by considering the fulfillment of the elements of the indictment, considering the level of guilt of the defendant, considering the category of state losses caused by the defendant's actions, considering the impact of the defendant's actions, and the benefits obtained by the defendant. In addition, the judge also considered the category of state losses based on the Sentencing Range Matrix of Supreme Court Regulation Number 1 of 2020. Through appropriate considerations, a fair decision was produced. Law enforcement of corruption crimes in Indonesia in the future by the prosecutor's office is to carry out investigations, prosecutions and implement judges' decisions in accordance with the authority regulated in the law. In the future, demands should always include additional penalties in the form of compensation for state losses, realizing criminal penalties for paying fines and compensation for state losses by making maximum efforts by collecting, confiscating assets and auctioning in accordance with statutory provisions and not implementing subsidiary penalties in the form of fines and compensation for convicts.
Legal Analysis Of The Application Of Article 363 Paragraph (1) 5 Of The Kuhp Towards The Criminal Act Of Aggravated Theft From The Perspective Of Islamic Law (Study of Decision Number 666/Pid.B/2025/PN Dps)
The problem raised in this study originated from a case of aggravated theft recorded in the Denpasar District Court Decision Number 666/Pid.B/2025/PN Dps. This case involved a defendant named Ade Muhamad Wijaya, who was charged with violating the provisions of Article 363 paragraph (1) 5 of the Criminal Code (KUHP) regarding theft committed with aggravated elements. Research methods play a central role in legal scholarly work because they are the primary instrument for answering problem formulations systematically and purposefully. In legal research, a methodological approach must be able to connect legal norms and practices in the field, while also providing space for contextual and equitable legal interpretation. Therefore, the methods used in this research are designed to depict law not only as a normative text but also as a system of values that lives within society. This research uses a juridical-normative research method, namely legal research that emphasizes the study of written legal norms, such as statutory regulations, court decisions, and the doctrines of legal experts. Juridical-normative research focuses on law as a rule that should apply (das sollen), rather than as empirical social behavior (das sein). Application of Article 363 paragraph (1) 5 of the Criminal Code in Decision Number 666/Pid.B/2025/PN Dp: The Denpasar District Court, through Decision Number 666/Pid.B/2025/PN Dps, has correctly applied the provisions of Article 363 paragraph (1) 5 of the Criminal Code, because the defendant's actions fulfill the elements of aggravated theft. The aggravating element lies in the theft being committed under certain circumstances that have more serious consequences than ordinary theft.
Legal Analysis of the Settlement of the Criminal act of Theft with Aggregation Based on Legal Certainty (Case Study at Grobogan Resort Police)
Aggravated theft is one of the most common crimes in society and causes disruption to the sense of security, economic loss, and social stability. As the frontline of law enforcement, the police play a strategic role in handling these cases, including within the jurisdiction of the Grobogan Police. The purpose of this study is to determine and analyze the steps taken by the Grobogan Police in resolving aggravated theft, identify the obstacles encountered, and examine the solutions taken to overcome them. This research uses a juridical-sociological approach and descriptive-analytical specifications. Primary data were obtained through interviews with police officers at the Grobogan Police, while secondary data were sourced from laws and regulations (the Criminal Code, the Criminal Procedure Code, Law No. 2 of 2002 concerning the Police, and related regulations), legal literature, and other supporting documents. The analysis was conducted qualitatively by examining the synchronization between positive legal norms and their implementation practices in the field. The research results show that the Grobogan Police Department applies two main strategies in handling aggravated theft crimes: repressive (investigation, prosecution, arrest, and detention in accordance with the Criminal Procedure Code) and preventive (legal counseling, patrols in vulnerable areas, and coordination with the community). Obstacles faced include limited personnel and facilities, low public legal awareness, difficulties in providing evidence, and budget constraints. Efforts made to overcome these obstacles include improving coordination between law enforcement officers, intensifying patrols and legal counseling, and implementing non-litigation solutions through a restorative justice approach. The conclusion of this study is that the Grobogan Police's measures are in accordance with applicable legal provisions, but still face structural and cultural obstacles in their implementation. Therefore, strengthening the capacity of officers, increasing public legal awareness, and developing restorative justice mechanisms are essential so that the resolution of aggravated theft crimes can be more effective, just, and based on legal certainty.
The Authority of Prosecutors in Handling Cases Involved by Children Who Commit Repeated Crimes
Recidivist or Repeat Offender refers to a situation where a person commits multiple offenses or more after having been sentenced by a judge. When associated with children, the term "child recidivist" refers to a former juvenile inmate who, after being released from a correctional facility, commits a similar crime again, often referred to as a habitual offender. The purpose of this research is to identify and analyze the Prosecutor's Authority in handling cases involving children who commit repeat offenses, as well as to examine the challenges and solutions faced by prosecutors in dealing with such cases. This legal research is normative legal research, which focuses on studying legal norms or regulations. Normative legal research examines legal norms or regulations as a structured system related to a legal event. Prosecutors have broad authority in handling cases of children who commit repeat offenses, including determining the eligibility for diversion, prosecuting, and overseeing court rulings. The principle of restorative justice must be prioritized to ensure that children receive rehabilitation rather than mere punishment. Although diversion is not applicable to child recidivists, prosecutors must seek rehabilitative solutions that are not solely repressive. Challenges in handling such cases include regulatory limitations, lack of inter-agency coordination, insufficient rehabilitation facilities, and a shortage of experts. Solutions required include strengthening inter-agency coordination, enhancing rehabilitation facilities, and providing prosecutors with training in psychological and social approaches. Additionally, community involvement in community-based rehabilitation programs plays a crucial role in supporting the reintegration of children into society. With a balanced legal approach that prioritizes rehabilitation, children in conflict with the law can have a second chance and avoid reoffending.
A Comparative Study of the Regulation of Liability for Criminal Acts of Child Bullying Perpetrators Causing the Victim's Death According to Islamic Criminal Law and Positive Criminal Law in Indonesia
Bullying is a form of violence that causes serious physical and psychological effects and has become a global problem, including in Indonesia. Although often considered trivial, bullying often has traumatic effects and can even cause the death of victims, as in the case in South Kalimantan. The contributing factors include economic differences, gender, seniority, and the perpetrator's desire for social influence. Legally, child perpetrators receive special treatment under the Child Protection Act and the Child Criminal Justice System Act (UU SPPA), which emphasizes restorative justice and diversion. However, in cases resulting in death, there is a dilemma between the need for justice for the victim and protection for the perpetrator, who is still a child. In Islamic criminal law, bullying is classified as a crime and may be subject to qisas punishment if it causes death, or ta'zir if it causes injury or psychological trauma. However, children who have not reached puberty are not subject to qisas punishment, but rather rehabilitation, and responsibility can be transferred to a guardian. The objectives of this study are: 1) to determine how the criminal responsibility of child perpetrators of bullying that results in the death of the victim is regulated under Islamic criminal law; 2) To determine how the criminal responsibility of children who commit bullying that results in the death of the victim is regulated in the perspective of positive criminal law in Indonesia, 3) To determine the similarities and differences regarding the regulation of criminal responsibility for children who commit bullying that results in the death of the victim between Islamic criminal law and positive criminal law in Indonesia. The research method used in this study is normative legal research, with a descriptive-comparative research specification. The data collection method used is library research, while the data analysis method used in this study is descriptive analysis. The research results show that the criminal liability of children who commit bullying that results in the death of the victim according to Islamic law is that children who have not reached puberty are not subject to severe criminal punishment but may be subject to ta'zir sanctions to educate and prevent repetition of the act. Liability is also transferred civilly to the child's guardian in the form of diyat payment to the victim's family. According to positive criminal law in Indonesia, actions by children that result in the victim's death are still being processed legally, but with a proportional and educational approach. There are fundamental similarities and differences. Both agree that children cannot be treated like adults and prioritize the protection, education, and guidance of children through a restorative and educational approach. However, there are similarities and differences. Both agree that children cannot be treated like adults and prioritize the protection, education, and guidance of children through a restorative and educational approach. However, there are differences in the age of criminal responsibility, types of punishment, case handling systems, and legal sources. Islamic law emphasizes maturity based on puberty and recognises diyat as a form of accountability, while positive law uses an age limit of 12–18 years and does not recognize diyat, but rather criminal penalties or corrective measures.
Comparation of Sexual Violence Crimes Based on Law Number 12 of 2022 by Law Number 1 Of 2023"
Sexual violence crimes constitute a violation of human rights that require comprehensive legal protection. In Indonesia, the regulation regarding sexual violence has undergone significant development with the enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS) and the promulgation of Law Number 1 of 2023 on the Criminal Code (KUHP 2023). These two laws serve as the legal basis for addressing sexual violence, each having different approaches, scopes, and substantive provisions. This study aims to analyze and compare the regulation of sexual violence crimes between the TPKS Law and the 2023 Criminal Code, focusing on the elements of the offense, recognized forms of sexual violence, and towards approaches to victims. The research employs a normative juridical method with a statutory and conceptual approach. Data were collected through literature review and analyzed qualitatively. The results indicate that the TPKS Law functions as a lex specialis, providing broader protection and being more victim-centered, covering a wider variety of sexual violence forms. Meanwhile, the 2023 Criminal Code regulates sexual violence within a more limited scope but incorporates several provisions from the TPKS Law as part of national criminal law harmonization. Although there are some overlapping norms, both laws can complement each other if implemented properly. This study recommends the importance of synchronization and harmonization between the TPKS Law and the 2023 Criminal Code to optimize legal protection for sexual violence victims within Indonesia's criminal justice system.
Law Enforcement Against the Criminal Acts of Murder in Jurisdiction Metro Jaya Regional Police
The purpose of this research is to find out and analyze; 1) implementation of law enforcement against the crime of mugging in the jurisdiction of the Metro Jaya Regional Police; and 2) formulation of formal law enforcement against the crime of mugging in the jurisdiction of the Metro Jaya Regional Police. The approach method used is sociological juridical, meaning that the method or procedure used by the author is to go directly to the field to obtain updated primary data related to the research topic, namely data regarding law enforcement efforts against the crime of mugging in the jurisdiction of the Metro Jaya Regional Police. Sociological juridical research is conducted by examining the law in reality in society. The results of the study show that: 1) The police as law enforcers are obliged to be responsible for criminal acts committed by members of the mugging group in order to prevent and overcome criminal acts that occur in the jurisdiction they are responsible for through law enforcement. The efforts made by Polda Metro Jaya in enforcing the law on the crime of mugging in the jurisdiction of Polda Metro Jaya are through 2 (two) approaches, namely through preventive efforts and repressive efforts which result in legal sanctions or create a deterrent effect for groups of muggers who have committed crimes; 2) The formulation of law enforcement against the crime of mugging in the jurisdiction of Polda Metro Jaya involves preventive and repressive measures. Preventive efforts include; 1) increasing security by conducting routine patrols, raids, and special operations in areas prone to mugging, especially at night; 2) Counseling and socialization by providing counseling to the community about the dangers of mugging and how to avoid it, as well as increasing legal awareness; 3) Cooperation with the community by forming a voluntary security team, such as FKPM, Pokdar Kamtibmas, and involving community leaders, youth, and religious leaders in prevention efforts, and 4) Supervision and early detection by increasing supervision in areas prone to robbery and conducting early detection of potential criminal acts. Repressive efforts include: 1) Investigation and inquiry by conducting a quick and thorough investigation and inquiry into cases of robbery that occur, by collecting strong evidence; 2) Arrest, namely arresting the perpetrators of robbery based on sufficient evidence; 3) Prosecution, namely prosecuting the perpetrators in court in accordance with applicable legal provisions, and 4) Imposing sanctions, namely giving sanctions appropriate to the perpetrator's actions, including imprisonment and fines.
Efforts to Combat Drug Abuse Crimes Committed by Children at The West Kalimantan Regional Police
Legally, narcotics are only used for scientific development and health services, but in reality, they are often abused. Drug use has become a business venture and has had a detrimental impact on the mental, physical, and psychological well-being of the younger generation. Law Number 35 of 2009 concerning Narcotics has regulated the types of very severe criminal sanctions against perpetrators of narcotics crimes. The method is a basic process regarding the procedure for finding a solution to a problem, while research is a careful examination of signs in order to obtain human knowledge, so the research method can be interpreted as the basic procedure for finding a solution to existing problems in carrying out research related to efforts to overcome the crime of narcotics abuse committed by children at the West Kalimantan Regional Police. To realize a just and effective drug handling system, a shift in the social paradigm and a more humanistic legal culture is needed, strengthening legal certainty through consistent and transparent enforcement, and increasing rehabilitation capacity and coordination between institutions. Thus, the law becomes not only a repressive tool, but also an instrument of recovery that provides tangible benefits for child victims of drug abuse and society at large.
Critical Analysis of the Election of the General Chairperson of the National Sports Committee of Provinces: A Democracy and Transparency Perspective
This study aims to examine the regulations governing the Election of the General Chairperson in the National Sports Committee (KONI) Province. This issue is related to the election mechanism for the General Chairperson of the KONI Province from the perspective of democracy and transparency. This article also examines the ideal model for the election of the General Chairperson of the KONI Province from the perspective of democracy and transparency. The research method used in writing this article is a normative legal research type. Based on the results of the study, it can be concluded that the Election of the General Chairperson of the KONI Province according to Law Number 11 of 2022 concerning Sports, found shortcomings in the implementing regulations from the perspective of democracy and transparency. The ideal model for the election of the General Chairperson of the KONI Province from the perspective of democracy and transparency is that at the nomination stage the General Chairperson of the KONI Province must meet administrative requirements and pass a competency test, and at the election stage of the General Chairperson of the National Sports Committee Province, voting must be carried out even if there is only 1 (one) candidate for General Chairperson of the National Sports Committee Province.
Analysis of Termination of Prosecution in Drug Abuse Cases Based on Restorative Justice
Imprisonment of narcotics and dangerous drug users has proven ineffective. This is a common thread in law enforcement against narcotics users. The purpose of this study is to examine and analyze the implementation of the termination of prosecution for narcotics abuse cases based on restorative justice, examine and analyze weaknesses in the termination of prosecution for narcotics abuse cases based on restorative justice. This legal research uses an empirical juridical legal research approach. The implementation of the termination of prosecution for narcotics abuse cases in Indonesia is still based on Law No. 35 of 2009, specifically Article 127 paragraph (1), which positions users as criminal perpetrators, thus causing overcrowding in prisons and social stigma. To address this, the Attorney General's Office issued Attorney General's Guidelines No. 18 of 2021 which opened the opportunity for termination of prosecution with a rehabilitation mechanism, although previously Regulation No. 15 of 2020 excluded narcotics cases. Real implementation is evident in the Eros Prastiyo case at the Sidoarjo District Attorney's Office, which demonstrates the restorative justice process, from pre-prosecution and BNN assessment to rehabilitation. This approach emphasizes punishment as the ultimum remedium and positions users as victims in need of recovery. However, its implementation still faces substantive weaknesses, such as articles that emphasize imprisonment over rehabilitation. Furthermore, structural weaknesses are evident in inter-institutional coordination, limited rehabilitation facilities, and weak oversight. Weaknesses in the legal culture, such as societal stigma and a repressive paradigm by officials, remain dominant. Therefore, reforms in the substance, structure, and culture of the law are needed to create a more humane and just system.
The Authority of the Mayor of Batam Ex Officio of the Batam Business Agency Over the Management of the Special Economic Zone
This study aims to determine and analyze the regulation of Batam City as a Special Economic Zone and the authority of the Mayor of Batam ex officio of the Batam Business Agency over the management of the Special Economic Zone. This study uses a normative juridical approach method, analytical descriptive research specifications. The data used are primary data and secondary data. Data collection methods include literature studies, and data analysis methods are qualitative. The regulation of Batam City as a Special Economic Zone is generally regulated in Law Number 39 of 2009 concerning Special Economic Zones, which are further regulated in Government Regulations. Special Economic Zones in the Batam City area consist of Nongsa Digital Park, Batam Aero Technic, Special Economic Zones and Batam International Health. The authority of the Mayor of Batam ex officio of the Batam Business Agency over the management of the Special Economic Zone within the framework of regional autonomy in Batam City is that BP Batam is given the authority to grant permits for 16 licensing sectors. With the inclusion of the Deputy Mayor in the ex-officio framework, it is expected that the management of the Batam Special Economic Zone will be more effective and efficient.
The Role of Advocates in Providing Legal Assistance to Criminals Who Assist in Carrying Out Child Sexual Exploitation
This study aims to examine and analyze the role of advocates in providing legal assistance to perpetrators of crimes that help carry out sexual exploitation of children, obstacles and solutions. This study uses a sociological juridical approach method, analytical descriptive research specifications. The data used are primary data and secondary data. Data collection methods include field studies and literature studies, and the data analysis method is qualitative. The theories used in this study are the theory of the legal system, and the theory of authority. The role of advocates in providing legal assistance to perpetrators of crimes that help carry out sexual exploitation of children is in line with applicable laws and regulations, namely the Advocates Law, the Criminal Procedure Code, and other relevant legal regulations. Obstacles faced by advocates in providing legal assistance to perpetrators of crimes that help carry out sexual exploitation of children are difficulties in communication/negotiation with law enforcement officers, the legal system not running well, difficulties in communicating with children when the client is a child.