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ANALISIS YURIDIS TERHADAP PEMENUHAN HAK SEKSUAL NARAPIDANA DI LEMBAGA PEMASYARAKATAN KELAS II A BENGKULU BERDASARKAN NATURAL RIGHTS THEORY Ferawati Royani; Widya Timur; Sandi Apriyanto
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 7, No 1 (2022): Januari
Publisher : Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/imr.v7i1.6229

Abstract: The correctional process cannot be separated from its relationship with the respective elements in the correctional system, and also with the whole process in society itself. As creatures of God who in principle need each other, so that humans live in groups and where the law is present to create order and security for the wider community. Crime is an act that violates the rules, a group of people in a semi-closed or semi-open system where most of the interactions are between individuals who are in the group. The formulation of the problem in this study is how the juridical analysis of the fulfillment of the sexual rights of prisoners in the Class II A Bengkulu Penitentiary is based on the Natural Rights Theory. The legal research method used, which is normative-empirical, is basically a combination of normative legal approaches with the addition of various empirical elements, one of the basic needs of prisoners that still escapes the attention of this nation is the biological needs in correctional institutions. Based on the theory of natural rights (natural rights theory), the author analyzes that all humans have the same natural rights, including the fulfillment of sex inmates in prisons. But here the government has not seriously considered the negative impact of the absence of facilities and infrastructure on the fulfillment of sexual rights. If their sexual rights are not fulfilled, the prisoners do deviant things, such as masturbation, same-sex sex and so on.Keywords: Behavior, Sexual Rights, Inmates.

PERANAN MASYARAKAT TERHADAP PENCEGAHAN KEJAHATAN INCEST BERDASARKAN TEORI KONTROL SOSIAL Ferawati Royani; Widya Timur
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 6, No 1 (2021): Vol 6, No 1 Tahun 2021: Januari
Publisher : Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/imr.v6i1.4127

Abstract:Criminal law policy regulates incest crime, crime is a social phenomenon that develops in society since ancient times until now. The crime of incest is a sexual relationship committed by two people who are still in a relationship or related relationship or marriage. The legal research method used is normative-empirical is basically a combination of normative legal approaches with the addition of various empirical elements. Incest crime, a crime that often occurs but many are not published by the public. Here the researcher states that incest crime requires an important role from the community using social control theory. Control theory refers to every perspective that addresses the control of human behavior, the object (target) of social control. Seen from the many incest cases, it turns out that the community or family members of victims of incest crimes still do not want or are afraid to report this crime because they feel ashamed / disgrace so that this crime is not entirely prosecuted. In the theory of social control also requires an understanding or socialization of the law against incest.Keywords: control; social; Policy; law

Impact of Social Media on Divorce Rates in Bengkulu Province (Study at the Seluma District Religious Court) Widya Timur; Ferawati Royani; M. Vikriawan
JURNAL HUKUM SEHASEN Vol 6 No 1 (2020): April
Publisher : Fakultas Hukum Dehasen

A review of Islamic law in divorce cases on the grounds that one of the parties is cheating on social media. This study uses an empirical juridical approach. This approach aims to understand that law is not merely a set of normative laws and regulations. This study uses an empirical juridical approach. This approach aims to understand that the law is not merely a set of statutory rules that are normative in nature, but the law is understood as the behavior of people who are symptomatic in their lives, always interact and relate to social aspects, such as; economic, social and cultural aspects.

Implementation of Prudential Principles in Consumptive Credit Agreements (Study at Astra Credit Companies (Acc) Bengkulu City) Karina Rizki Lestari; Hurairah Hurairah; Widya Timur
JURNAL HUKUM SEHASEN Vol 8 No 1 (2022): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v8i1.2459

This study aims to understand how the Implementation of Prudential Principles in the Consumptive Credit Agreement Study of Astra Credit Companies (Acc) Bengkulu City. The research method that will be used in this research is normative research combined with field research in the form of interviews and field documentation (empirical), which is a way to obtain data from library materials, especially those related to legal issues. Implementation of the precautionary principle in credit agreements at Pt Acc Finance Bengkulu City The obligation to prepare and implement credit is applied by the stipulation of a written policy regarding credit and credit agreements.

Juridical Study of the Need for Fulfillment of the Sexual Rights of Prisoners in Class II A Correctional Institutions Bengkulu Maryatun Maryatun; Widya Timur; Sandi Aprianto
JURNAL HUKUM SEHASEN Vol 8 No 1 (2022): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v8i1.2460

Correctional institutions as part of the criminal justice system, namely as a coaching institution, have a very strategic role in realizing the ultimate goal of the criminal justice system, namely the rehabilitation and resocialization of lawbreakers. The research method used in this study is to use empirical legal research methods. As an empirical legal research, this research belongs to the category of descriptive-prescriptive legal research that aims to find solutions to problems (problem-solution). The problems raised in this study are (1) What is the background of the need for the fulfillment of the sexual rights of prisoners in the Class II A Bengkulu Penitentiary?, (2) What are the factors that hinder the fulfillment of the sexual rights of prisoners in the Class II A Bengkulu Penitentiary?. The results of the research and discussion are (1) The background of the need to fulfill the sexual rights of prisoners in the Class II A Correctional Institution Bengkulu because the fulfillment of the sexual needs of prisoners cannot be fulfilled naturally and normally. Relationships can take place with the cooperation or assistance of officers. For those who cannot fulfill their sexual needs in a normal/normal manner, the fulfillment is carried out in a deviant way/deviant sexual behavior. (2) The factors that hinder the fulfillment of the sexual rights of prisoners in the Class II A Correctional Institution Bengkulu are the absence of providing romance rooms for husband/wife visits privately at the Penitentiary, Prisoners cannot control their desire to perform sexual needs by using their busy schedule or participate in activities held in the Correctional Institution.

Juridical Review On The Crime Of Driving Negligence That Caused Other People's Death (Analysis Of Judge's Decision Number 20/Pid.B/2018/Pn.Mna) Asep Aidul Adha; Widya Timur; Ferawati Royanti
JURNAL HUKUM SEHASEN Vol 8 No 2 (2022): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v8i2.3078

The high rate of traffic accidents (lakalantas) itself occurs due to a lack of public awareness in this case motorized vehicle drivers with various factors attached to themselves, for example in terms of physical fitness, mental readiness when the driver is tired, the influence of alcohol and illegal drugs. This thesis examines the application of material criminal law to the crime of negligence in driving which causes the death of a person and the judge's legal considerations in making a decision on the offense of negligence in driving that causes the death of a person in case Number 20/Pid.B/2018/PN.Mna. The legal research method used is normative legal research or library research. This is research that examines document studies, using various secondary data such as legislation, court decisions, legal theory, and can be in the form of opinions of scholars. The results of the research in this case, are the Panel of Judges using a single indictment, namely Article 310 paragraph (4) of the Republic of Indonesia Law no. 22 of 2009 concerning Road Traffic and Transportation where the elements in the indictment have been deemed proven by the Panel of Judges. Where, between the actions and the elements of the article match each other. The Panel of Judges complies with the applicable law, which is based on at least two valid pieces of evidence, where in this case, the evidence used by the judge is witness testimony, evidence, visum et repertum and statement of the defendant.

Pengawasan Terhadap Mantan Narapidana Kasus Kekerasan Seksual Pada Anak Studi Kasus Di Kabupaten Rejang Lebong Widya Timur; Ferawati Royani; Sandi Aprianto; Anggun Annisa
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 8, No 1 (2023): Januari
Publisher : Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/imr.v8i1.9886

Sexual crime is a crime that is quite high in Indonesia which causes trauma, depression and death. A similar case which was quite shocking also occurred before in 2016, the murder and rape of a 14 year old girl by 14 perpetrators in Rejang Lebong Regency, Bengkulu. Based on the facts of the cases mentioned, acts of sexual violence against children may be committed by anyone, anywhere, with any mode or motive and in any scope. Based on the description that has been described, the authors formulate the problem, namely how the supervision is carried out by government officials and law enforcement against ex-convicts who commit sexual violence against children in Rejang Lebong Regency. The legal research method used, namely normative-empirical, is basically a combination of normative legal approaches with the addition of various empirical elements. Supervision is needed for ex-convicts in cases of sexual violence against children. Until now, there has not been found any systematic supervision of ex-convicts in cases of sexual violence against children in Rejang Lebong Regency, especially for perpetrators who have blood ties to the victims such as the victims' fathers, brothers, uncles and grandfathers. Supervision of ex-convicts in cases of sexual violence against children is important as an effort to prevent repetition of cases. Then considering the psychological condition of victims and perpetrators of crime, this supervision has an urgency to carry out.Kejahatan seksual merupakan kejahatan yang cukup tinggi di indonesia yang menyebabkan trauma, depresi hingga kematian. Kasus serupa yang cukup menggemparkan juga terjadi sebelumnya pada tahun 2016, pembunuhan dan pemerkosaan gadis 14 tahun oleh 14 pelaku di Kabupaten Rejang Lebong, Bengkulu. Berdasarkan fakta kasus yang telah disebutkan, tindak kekerasan seksual pada anak berkemungkinan dilakukan oleh siapapun, dimanapun, dengan modus atau motif dan dalam lingkup apapun. Berdasarkan uraian yang telah dijabarkan, penulis merumuskan masalah yaitu bagaimana pengawasan yang dilakukan oleh aparatur pemerintah dan penegak hukum terhadap mantan narapidana yang melakukan kekerasan seksual pada anak di Kabupaten Rejang Lebong. Metode penelitian hukum yang digunakan yaitu normatif-empiris ini pada dasarnya ialah penggabungan antara pendekatan hukum normatif dengan adanya penambahan dari berbagai unsur-unsur empiris. Diperlukan pengawasan terhadap mantan narapidana kasus kekerasan seksual pada anak. Hingga saat ini belum ditemukan adanya sistematika pengawasan terhadap mantan narapidana kasus kekerasan seksual pada anak di Kabupaten Rejang Lebong terutama bagi pelaku kejahatan yang memiliki ikatan darah terhadap korban seperti ayah, kakak, paman, dan kakek korban. Pelaksanaan pengawasan terhadap mantan narapidana kasus kekerasan seksual pada anak penting untuk dilakukan sebagai upaya pencegahan terhadap repetisi kasus. Kemudian mengingat kondisi psikologis korban dan pelaku kejahatan, pengawasan ini memiliki urgensitas untuk dilakukan.

POLICY ANALYSIS OF CORRECTIONAL INSTITUTIONS IN THE JUVENILE CRIMINAL JUSTICE SYSTEM (Normative Study of Law Number 35 of 2014 concerning Child Protection) Mayang Sari; Widya Timur; Huraira Huraira
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.4909

Correctional Institutions (LP) have a central role in the implementation of a fair and equitable criminal justice system, particularly in child protection in accordance with Law No. 35/2014 on Child Protection. This research aims to analyze the policies adopted by correctional institutions in supporting the principles of child protection. In-depth analysis revealed that the law has provided a strong legal basis, but challenges in implementation still exist, such as the lack of resources, limited knowledge of children's rights, and lack of coordination between relevant institutions. Therefore, concrete measures such as intensive training for prison officers, improved access to information, and close collaboration between agencies are needed to overcome these obstacles, with the hope that the criminal justice system will provide better protection for children in conflict with the justice process.

Legal Review Of The Application Of Online Buying And Selling Transactions In E-Commerce According To Kuhperdata And Ite Law Azni Azni; Widya Timur; Ferawati Royani; Hurairah Hurairah
JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i1.5994

Online buying and selling or through internet facilities today is increasingly becoming a very popular buying and selling model as a result of the development of information and communication technology. One sign of technological progress is the increasingly convenient access to the internet which makes buying and selling activities not limited by space and time, and can be done at any time, the community or business actors who previously bought and sold offline, can now use the internet for trade, production, and especially buying and selling, hence the term online buying and selling. The purpose of this study is to determine the Application of Online Buying and Selling Transactions in E-Commerce According to the Civil Code and the ITE Law. The research method used is normative legal research in the form of library research which is carried out by collecting legal materials both primary, secondary and or tertiary. The results of the research and discussion show that honorary or contract workers whose existence is the implementation of online buying and selling transactions in E-Commerce according to the Kuhperdata and ITE Laws, is the implementation of online buying and selling in principle is not much different from conventional buying and selling transactions, the only difference is the technique of the sale and purchase. Conventional buying and selling is done in the real world directly between the seller and the buyer. Meanwhile, online buying and selling is carried out using electronic media through the internet network. Mentioned in Article 1 number 2 of ITE Law Number 19 of 2016 “Electronic Transactions are legal actions carried out using computers, computer networks, and / or other electronic media. And, the implementation of electronic contracts is not only subject to Law Number 22 of 2008 as a special rule (lex specialist) but also subject to the Civil Code Book III concerning Binding as lex generalis.

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