M. Arafat Hermana
Universitas Dehasen Bengkulu

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Journal : Jurnal Hukum Sehasen

Dynamics of Marriage Law Number 01 of 1974 concerning Age Limits for Marriage (Study in the Community of Lubuk Linggau City) Solihin Solihin; Dwi Putra Jaya; M. Arafat Hermana
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.v8i1.2458

Abstract

The objectives of this research are: a) To know the implementation of applying for a marriage dispensation in Lubuk Linggau City Community. b) To find out the factors that became the reason for the application for Marriage Despensation in Lubuk Linggau City Community. This research 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. The results of this study show; 1. The implementation of the application for dispensation for marriage is submitted by parents or guardians, through the stages and fulfilling the requirements determined by the Religious Courts, until following the trial until there is a decision by the Panel of Judges 2. Counting cases from 2018 to In 2020 there was an increase in the application for marriage dispensation, of which in 2018 there were 36 cases, in 2019 there were 43 cases and in 2020 there were 105 cases. The factors causing the increase in cases are pregnancy before marriage, weak religious education, cultural factors, economic factors, social media factors, fear of slander, changes in the age of marriage law. Of the many cases that were granted by the judge on the grounds that it would be avoided.
Legality of Appointment of Village Apparatus according to Article 49 Paragraph (2) of Law Number 6 of 2014 concerning Villages in Ujung Padang Village, Alas Maras Subdistrict, Seluma Regency Jenzen Idianza; Sandi Aprianto; M. Arafat Hermana
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.v8i2.3077

Abstract

The purpose of this study was to determine the procedures for the appointment of old village officials and new village officials in the village of Ujung Padang and to find out the validity of the appointment of old and new village officials in the village of Ujung Padang in terms of Law Number 6 of 2014. The research method in this paper is the method Qualitative research is research that refers to the legal norms contained in legislation and court decisions as well as norms that live and develop in society. Based on the results of an interview with the Ujung Padang Village Head on July 5, 2022, he explained that, "If we talk about the mechanism for the appointment of village officials, of course the appointment of new and old Village officials is based on the law (Law number 6 of 2014 concerning Villages). ). Only the appointment of the Lamo Village Apparatus used to be filled with direct appointments by the Village Head and in consultation with the Camat, for the appointment of the New Village Apparatus I carried out the Undnag-Undnag Mandate Number 6 of 2014 and the Seluma Regional Government Number 7 of 2016 regarding Village Apparatus. Fill it out through a screening and screening mechanism, selection of prospective candidates, and a written test. After getting the results of the selection then communicated with the Camat on behalf of the Regent. If we talk about the legal legitimacy of the official Village apparatus, both the old and the new, it is certainly not our domain to determine the legal person, and the one who is nedo is legal. That is the realm of the State Administrative Court, which can determine you.”
Implementation of Regional Regulation No. 8/2017 on Investment in Increasing Regional Investment in Bengkulu Province Ana Tasia Pase; Sandi Aprianto; M. Arafat Hermana; Venysia Adzaniati
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.v9i2.4908

Abstract

This thesis research aims to examine and analyze the implementation of PERDA Number 8 of 2017 concerning Investment in Increasing Regional Investment in Bengkulu Province and to examine and analyze what efforts can be made in optimizing PERDA Number 8 of 2017 concerning Investment in Increasing Regional Investment in Bengkulu Province. The method used is empirical and the results of this study indicate that the implementation of PERDA Number 8 of 2017 concerning Investment in increasing regional investment in Bengkulu Province has not gone well, this is due to several factors including: a. There are still unclear arrangements in PERDA Number 8 of 2017 concerning Investment and there are still several articles that overlap; b. Not yet supported by arrangements that should be outlined by the relevant Pergub; c. Convoluted and unclear flow and changes in rules that can hinder processing and extend investment licensing time; d. Not many human resources who have not mastered the evaluation of investment licensing; e. There is a lack of understanding of the evaluation of investment licensing. There are not many human resources who have not mastered the evaluation and licensing process, especially in the field of mining and transportation of mining products. The efforts made by the government in optimizing PERDA Number 8 of 2017 concerning Investment in increasing regional investment in Bengkulu Province have not run optimally and optimally, this is due to two factors including: internal factors and external factors.
Legal Protection Of Wage Rights For Honorary Workers In The Perspective Of Indonesian Civil Law Sela Nopita Sari; M. Arafat Hermana; Dwi Putra Jaya; Sandi Aprianto
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.v10i1.5993

Abstract

The existence of honorary staff can be said to be still needed and not needed. Because in reality, in carrying out service tasks in government, both in the central government and local government, most of them are carried out and carried out by honorary employees where they are appointed by each agency and Regional Work Unit (SKPD). The purpose of this research is to find out the Legal Protection of Wage Rights for Honorary Workers in the Perspective of Indonesian Civil 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 research and discussion show that honorary or contract workers whose existence is rampant today both in the public sector or government agencies as well as in the private sector or business entities known as outsourching workers, ironically their existence is not massively protected and not strictly regulated by law in Indonesia. In fact, honorary or contract workers in Indonesia are implied in two categories. Based on the explanation above, there are several things, namely: 1. there is a legal vacuum (vacum of norm) on the protection of honorary or contract workers in Indonesia. 2. there must be a legal breakthrough on the settlement of wage disputes in honorary or contract workers. 3. civil procedural law as the foundation of formal law must be able to answer the problem of wage disputes of honorary or contract workers in Indonesia.
Monitoring Improper Waste Disposal By The Departement Of Environment (Dlh) Of Bengkulu City Based On Regional Regulation Alfio Ayu Lestari; Sandi Aprianto; M. Arafat Hermana
JURNAL HUKUM SEHASEN Vol 10 No 2 (2024): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i2.7215

Abstract

Monitoring Improper Waste Disposal by the Department of Environment (DLH) of Bengkulu City Based on Regional Regulation Number 2 of 2011 Regarding Waste Management in Bengkulu City Alfio Ayu Lestari Sandi Aprianto, S.H, M.H Ferawati Royani, S.H, M.H One of the environmental issues frequently faced by the community is the abundance of scattered waste in places where they should not be. Therefore, it is important to evaluate the supervision of waste disposal prohibitions and the effectiveness of the local regulations governing them. Based on this issue, the problems can be formulated as follows: How is the supervision carried out by the Department of Environment of Bengkulu City regarding improper waste disposal, and how is the Law Enforcement conducted by the Department of Environment towards those who dispose of waste improperly. The purpose of this study is to determine the supervision conducted by the Department of Environment of Bengkulu City in controlling waste against the prohibition of waste disposal in random places and to understand the legal enforcement processes carried out by the Department of Environment towards those who dispose of waste improperly. The theories used in this research are the supervision theory and the law enforcement theory. This research falls under the category of Empirical Research, which is a legal research method that uses empirical facts taken from human behavior, both verbal behaviors obtained from interviews and actual behavior observed directly. The results of the research conducted at the Department of Environment of Bengkulu City can be concluded that the supervision conducted by the Department of Environment at improper waste disposal sites, especially at Rawa Makmur street, Pasar Bengkulu street, and Lingkar Barat main road to golf field of Bengkulu City, are still not running optimally. This can be seen from the improper implementation of regulations and also from the lack of public understanding regarding waste management regulations, waste handling, and waste disposal prohibitions, leading to an increase in illegal improper waste disposal sites.