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Ferawati Royani
Universitas Dehasen Bengkulu
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Humanities Biochemistry, Genetics & Molecular Biology Decision Sciences, Operations Research & Management Dentistry Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Effectiveness Of Criminal Law In Combating Sexual Violence Against Children After The Enactment Of Law Number 12 Of 2022 On Sexual Violence Crimes Muhammad Ridho Firmansyah; Dwi Putra Jaya; Ferawati Royani
Jurnal Multidisiplin Vol. 2 No. 4 (2026): Juni
Publisher : CV. Utami

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70963/jm.v2i4.662

Abstract

Sexual violence against children is a serious crime that causes long-term physical, psychological, and social impacts on victims. The enactment of Law Number 12 of 2022 on Sexual Violence Crimes (UU TPKS) represents a progressive step in strengthening legal protection for victims, particularly children as a vulnerable group. This research aims to analyze the effectiveness of criminal law in combating sexual violence against children following the enactment of the UU TPKS and to identify challenges in its implementation. This study employs normative legal research using statutory and conceptual approaches. The analysis is conducted qualitatively based on relevant legal provisions as well as theories of legal effectiveness, legal protection, and victimology. The findings indicate that normatively, the UU TPKS provides more comprehensive regulations compared to previous laws, particularly regarding victim protection and recovery. However, its implementation still faces challenges, including limited understanding among law enforcement officers, inadequate supporting facilities, and the persistence of victim-blaming culture. Therefore, strengthening institutional capacity, improving inter-agency coordination, and reforming legal culture are necessary to ensure optimal protection for child victims of sexual violence.
A Juridical Study On The Fulfillment Of Royalty Rights For Songwriters Or Music Composers Who Are Non-Members Of Collective Management Organizations Under The Applicable Laws And Regulations Fhazar Arumba Ayodhya; Dwi Putra Jaya; Ferawati Royani
Jurnal Multidisiplin Vol. 2 No. 4 (2026): Juni
Publisher : CV. Utami

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70963/jm.v2i4.663

Abstract

The fulfillment of royalty rights constitutes an integral part of the protection of the economic rights of songwriters and/or music composers as guaranteed under Law Number 28 of 2014 concerning Copyright. In practice, royalty management is conducted collectively through Collective Management Organizations (CMOs) and the National Collective Management Organization (LMKN) as regulated under Government Regulation Number 56 of 2021. However, the existence of songwriters or music composers who are not members of CMOs raises legal issues concerning legal certainty and the fulfillment of royalty rights arising from the commercial exploitation of their works. This research aims to analyze the legal regulation of royalty rights for non-member creators and to examine the authority of LMKN in collecting, administering, and managing the economic rights of such creators. This study employs normative legal research using statutory and conceptual approaches. Legal materials are analyzed qualitatively through systematic interpretation of relevant legislation. The findings indicate that royalty rights normatively arise automatically upon the creation of a work, without requiring membership in a CMO. Nevertheless, the distribution mechanism under Government Regulation Number 56 of 2021 does not explicitly guarantee the fulfillment of royalty rights for non-member creators, thereby creating potential legal uncertainty. Therefore, regulatory reinforcement is necessary to ensure fair, proportional, and non-discriminatory protection of economic rights.
The Settlement Of Criminal Disputes Disputes Under National Law Andcustomary Criminal Law In Baturaja Village Community Of Pondok Kubang Sub-District In Central Bengkulu Yessi Silviani; Ferawati Royani; Sandi Aprianto
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10465

Abstract

Sanctions in customary criminal law can be in the form of traditional punishments, such as fines, purification, or ostracism from the community. The formulation of the problem taken in this study is How is the resolution of criminal disputes in the law and customary criminal law in the community of Baturaja Village of Pondok Kubang Sub-District in Central Bengkulu? What are the inhibiting factors in the resolution of criminal disputes in the law and customary criminal law in the community of Baturaja Village of Pondok Kubang Sub-District in Central Bengkulu? The research method in this thesis is an empirical legal method. The empirical approach is used to determine the practice of resolving criminal cases according to customary law that applies in the community. Conclusion Settlement of criminal cases through customary law is a process of resolving cases outside the courts which consists of first, a mediation system with a consensus approach through deliberation. Second, a restorative justice system, a case resolution system with the intention of restoring the conditions arising from the victim therefore a sense of brotherhood between each party is woven back together. The main objective of resolving violations of customary criminal acts is not based on a retributive view (retribution); but as a means of resolving conflicts, maintaining harmonious conditions among community members, and maintaining solidarity.
Legal Review Of The Role Of The Police In Combating Online Gambling Crime Based On Criminology Theory (Case Study In The Jurisdiction Of The Bengkulu City Police) Ramadhan Syaipullah; Ferawati Royani; Widya Timur
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10797

Abstract

Online gambling is a crime that continues to grow with advances in information technology. Although prohibited by Articles 303 and 303 bis of the Criminal Code and the Electronic Information and Transactions (ITE) Law, this practice remains widespread due to its anonymous, cross-border, and digital nature. This phenomenon also occurs within the jurisdiction of the Bengkulu City Police, marked by an increase in the number of online gambling cases handled. This study aims to analyze the role of the Bengkulu City Police in combating online gambling and assess the effectiveness of its legal regulations based on criminological theory. The method used is empirical juridical legal research through literature review and interviews. The results show that the Bengkulu City Police have implemented preventive, preemptive, and repressive efforts through outreach, cyber patrols, law enforcement, and collaboration with relevant agencies. However, implementation still faces obstacles such as limited resources, the technological sophistication of perpetrators, and low digital literacy among the public. Based on the theories of social control and differential association, online gambling is influenced by weak social oversight and the digital environment. This study concludes that the role of the police has been running, but not optimally, so that it is necessary to strengthen regulations, increase the capacity of officers, and synergy between related parties.
Legal Protection For Victims Of Mypertamina Barcode Ownership Abuse In The Distribution Of Subsidized Fuel Ferawati Royani; Sandi Aprianto; Velly Majesti
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10803

Abstract

This study aims to analyze the legal regulations and forms of criminal liability for perpetrators of misuse of the MyPertamina Barcode in the distribution of subsidized fuel oil (BBM). Since October 2024, the government through PT Pertamina Patra Niaga has implemented a policy of using the MyPertamina barcode as a requirement for purchasing subsidized fuel. However, this policy has created new problems in the form of increased misuse of barcode ownership by irresponsible parties. The research method used is normative juridical with a statutory approach and a case approach. The results of the study indicate that legal regulations regarding the misuse of the MyPertamina barcode are regulated in several laws and regulations, namely Article 378 of the Criminal Code concerning fraud, Article 55 of Law Number 22 of 2001 in conjunction with Article 40 paragraph (9) of Law Number 6 of 2023 concerning the misuse of subsidized fuel, and Articles 65-67 of Law Number 27 of 2022 concerning Personal Data Protection. Criminal liability includes imprisonment and fines, with a maximum penalty of six years and a fine of IDR 60 billion for violations of the Oil and Gas Law, as well as additional penalties in the form of confiscation of evidence. This study recommends strengthening the security system of the MyPertamina application, improving coordination between Pertamina and law enforcement, and improving regulations to impose strict sanctions on perpetrators of abuse.
A Criminological Review of Children as Perpetrators of Robbery from the Perspective of Law No. 12 of 2012 Concerning the Juvenile Criminal Justice System Soni Rasta; Ferawati Royani; Widya Timur
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10811

Abstract

This study examines the criminological factors that encourage children's involvement in muggings and the application of the Juvenile Criminal Justice System (JCS) to muggings, based on Law Number 11 of 2012. The research method used is normative juridical, with a statutory and conceptual approach. The results indicate three dominant, interrelated factors: first, the influence of social interactions and peer groups, as explained in Edwin H. Sutherland's Differential Association Theory; second, family dysfunction, which weakens children's social bonds, as explained in Travis Hirschi's Social Control Theory; and third, school dropout and unemployment, which encourage illegal behavior, as explained in Robert K. Merton's Anomie Theory. The normative application of the Juvenile Criminal Justice System (JCS) has provided a comprehensive legal framework with a restorative justice approach, aligned with Social Control Theory, to strengthen children's social bonds through rehabilitation and reintegration. However, its implementation still faces normative, infrastructural, and paradigmatic obstacles that require multi-level reform to close the gap between das sollen and das sein.
Analisis Perlindungan Bagi Konsumen Dalam Transaksi Digital Menggunakan Transaksi Digital cryptocurrency bitcoin Nessa Lendrawati; M.Arafat Hermana; Ferawati Royani
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10812

Abstract

The development of digital technology has given rise to cryptocurrency as a new investment instrument. In Indonesia, cryptocurrency is not recognized as a legal means of payment but is classified as a commodity supervised by the Badan Pengawas Perdagangan Berjangka Komoditi (BAPPEBTI), which raises legal issues related to consumer protection in volatile and high-risk transactions.mThis study aims to analyze the legal position of consumers, the forms of legal protection available, and the roles of business actors and supervisory authorities using a normative legal research method. The findings show that consumer protection for crypto assets has not been specifically regulated and still relies on general regulations. Bank Indonesia prohibits the use of cryptocurrency as a means of payment, while BAPPEBTI supervises its trading as a commodity. However, supervision and dispute resolution mechanisms remain limited, resulting in suboptimal legal certainty for consumers.
Legal Analysis Of The Validity Of Siri Marriages According To Law Number 1 Of 1974 Concerning Marriage Pujja Dwi Sartika; Ferawati Royani; Sandi Aprianto
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10815

Abstract

Marriage is a legal event that gives rise to broad civil legal consequences, both for husband, wife, and children. In the Indonesian legal system, the validity of marriage is regulated by Law Number 1 of 1974 concerning Marriage, which requires the fulfillment of religious provisions and the obligation of registration by the state. However, in practice, many people still conduct unregistered marriages, namely marriages that are valid according to religious law but are not administratively registered. This phenomenon creates legal problems because it creates a dualism between religious validity and state legal legality. This study aims to analyze the legal provisions regarding the validity of marriage according to Law Number 1 of 1974 and examine the legal position of unregistered marriages from the perspective of positive law and other related laws and regulations. This study uses a normative legal research method with a statutory and conceptual approach, by examining primary, secondary, and tertiary legal materials. The research results show that unregistered marriages, although valid according to religion, lack legal force under positive law because they do not meet the formal requirements for registration as stipulated in Article 2 paragraph (2) of Law Number 1 of 1974. The legal consequences of unregistered marriages weaken legal protection for wives and children, particularly regarding the rights to maintenance, inheritance, child status, and joint property. The state provides a marriage confirmation mechanism as a repressive legal protection measure, but this mechanism is limited and is not intended to legalize unregistered marriages. Therefore, marriage registration is an important instrument in achieving legal certainty and protecting civil rights within the national marriage law system.
Synchronization Of Authority To Eradicate Criminal Acts Of Corruption According To Law 31 Of 1999 Concerning The Eradication Of Criminal Acts Of Corruption Handled By The Corruption Eradication Committee (KPK), The Prosecutor's Office, And The Republic O Mona Fidelia Manurung; M. Arafat Hermana; Ferawati Royani
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10816

Abstract

Corruption is a systemic problem that has become deeply rooted in Indonesia's national life, with multidimensional impacts that harm state finances, undermine democracy, and hinder development. Efforts to eradicate corruption are carried out by three law enforcement institutions: the Corruption Eradication Commission (KPK), the Attorney General's Office of the Republic of Indonesia, and the National Police of the Republic of Indonesia, each with authority based on statutory regulations. This study aims to analyze the synchronization of the authority of these three institutions in implementing corruption eradication in accordance with Law Number 31 of 1999 concerning the Eradication of Corruption Crimes (as amended) and to evaluate the impact of Law Number 19 of 2019 on their performance. The research method used is normative legal research with statutory, case, and historical approaches, as well as qualitative analysis of secondary data in the form of primary, secondary, and tertiary legal materials. The results show that normatively, regulations on corruption eradication are coherent, applying the principle of lex specialis derogat legi generali. The KPK has special authority to handle corruption cases involving law enforcement officials or state administrators, cases that receive public attention, and/or those involving state losses of at least IDR 1 billion. Meanwhile, the Attorney General's Office and the National Police handle corruption cases that do not meet these qualifications, with the Attorney General's Office responsible for investigation and prosecution, and the National Police tasked with inquiry and investigation. However, in practice, there is a lack of synchronization marked by overlapping authority, differences in interpretation of regulations, and horizontal conflicts between institutions. The existence of limiting boundaries regarding the authority of each institution (National Police, Attorney General's Office, and KPK) in handling corruption crimes is intended to ensure that relations between law enforcement institutions do not lead to monopolization or overstepping of each other's duties.
Implementation Of The Final And Binding Principle In The Resolution Of International Business Disputes Through Arbitration Wilson Wilson; Dwi Putra Jaya; Ferawati Royani
Journal of Multidisciplinary Research Vol. 2 No. 3 (2026): April
Publisher : Utami Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70963/jmr.v2i3.660

Abstract

International arbitration is one of the most widely used mechanisms for resolving cross-border business disputes due to its neutral, efficient, and legally certain nature. One of the fundamental characteristics of arbitration is the final and binding principle, which provides that arbitral awards are final and binding upon the parties and are not subject to ordinary legal remedies such as appeal or cassation as commonly found in court litigation. This principle constitutes a cornerstone of the effectiveness of international arbitration, as it ensures the prompt, definitive, and enforceable resolution of disputes across jurisdictions. Nevertheless, in practice, the implementation of the final and binding principle in Indonesia continues to face significant challenges, particularly at the stage of recognition and enforcement of international arbitral awards by national courts. The broad interpretation of the public policy exception and the tendency of judicial intervention often undermine the final and binding nature of arbitral awards, as reflected in several court decisions, including the case of Karaha Bodas Company L.L.C. v. Pertamina. This situation has resulted in tensions between the judicial authority of the state and Indonesia’s international obligations under the 1958 New York Convention. This research aims to analyze the legal regulation of the final and binding principle in the settlement of international business disputes through arbitration under Indonesian positive law, as well as to examine its practical implementation. The research adopts a normative legal research method employing statutory, conceptual, and case approaches. The legal materials used consist of primary, secondary, and tertiary sources, which are analyzed qualitatively. The findings of this study indicate that, normatively, the final and binding principle has been explicitly regulated under Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution and is consistent with the provisions of the 1958 New York Convention. However, in practice, its application has not been entirely consistent due to differences in legal interpretation and the prevailing judicial legal culture. Therefore, a more restrictive interpretation of the public policy exception, enhanced judicial understanding of international arbitration, and a stronger commitment to international legal standards are required to ensure legal certainty and to support a favorable investment climate in Indonesia.
Co-Authors Anggun Annisa Anwar Fuadi Lubis Asnawati Asnawati Azni Azni Cici Hidayatullah Dwi Putra Jaya Feby Elra Perdima Fhazar Arumba Ayodhya Hurairah Hurairah Jeki Putra Jaya M. Arafat Hermana M. Vikriawan M.Arafat Hermana Marlina Arifin Mona Fidelia Manurung Muhammad Reza Muhammad Ridho Firmansyah Nessa Lendrawati Pujja Dwi Sartika Ramadhan Nur Ilham Ramadhan Syaipullah Sandi Aprianto Sandi Apriyanto Sari Putri Dewi Seli Lorenza Soni Rasta Triyogi Prabowo Velly Majesti Widya Timur Wilson Wilson Yessi Silviani Yuganti Yuganti