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Dwi Putra Jaya
Universitas Dehasen Bengkulu
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EFEKTIVITAS BADAN PENGAWAS PEMILIHAN UMUM DALAM PENANGANAN PELANGGARAN PADA PEMILIHAN UMUM TAHUN 2019 M. Arafat Hermana; Dwi Putra Jaya
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 6, No 2 (2021): Vol 6, No 2 Tahun 2021: Juli
Publisher : Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/imr.v6i2.4939

Abstract

Abstract: There are still many violations in every general election such as administrative, criminal and ethical code violations in Bengkulu City. There are two problems examined in this thesis reviewing the Effectiveness of the General Election Supervisory Agency in handling violations in the general election and sanctions given by the Election Supervisory Agency in settlement of handling violations that occur in the general election. This research used the normative-empirical legal research method, namely legal research on the enforcement or implementation of normative legal provisions in action on any particular legal event that occurs in the community. Normative research is a legal research that examines written law from aspects of theory, history, philosophy, comparison, structure and composition, scope and material, general explanation of article by article, formality and the strength of binding a law but does not bind the applied aspects or its implementation whereas the Empirical research is an unwritten positive legal research concerning the behavior of community members in community relations. The resolution in handling of violations in the general election is still less effective because there are still many violations that still occur at the time the general election takes place and the sanctions given have no clear firmness and have not caused a deterrent effect for who committed violations. Keywords: Effectiveness, Supervision, Violations
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.
Tinjauan Yuridis Terhadap Akses Keterbukaan Informasi Publik Dalam Penggunaan Dana Desa Menurut UUD NO.14 Tahun 2008 Tentang Keterbukaan Informasi Publik Dwi Putra Jaya; Muhammad Arafat Hermana
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.v8i1.10067

Abstract

Dari latar belakang pembahasan dalam penelitian lebih terarah dan terfokus, maka permasalahan dirumuskan sebagai berikut  Bagaimana Tinjauan Yuridis Terhadap Akses Keterbukaan Informasi Publik Dalam Penggunaan Dana Desa Menurut UUD NO.14 Tahun 2008 Tentang Keterbukaan Informasi Publik? Penelitian ini menggunakan metode pendekatan yuridis empiris, dimana penelitian diharapkan menghasilkan data deskreptif berupa data-data tertulis atau lisan  dari orang-orang dan perilaku yang dapat diamati. Penelitian ini menyimpulkan Tinjauan Yuridis Terhadap Akses Keterbukaan Informasi Publik Dalam Penggunaan Dana Desa Menurut UUD NO.14 Tahun 2008 Tentang Keterbukaan Informasi Publik, bahwa terbentuknya UU pelayanan publik adalah karena belum maksimal dan belum terpenuhinya peraturan yang mengatur tentang pelayanan publik terhadap hak- hak warga negara Indonesia. Karena UU yang ada (UU No. 14 Tahun 2008 tentang KIP) hanya mengatur pelayanan informasi, belum menyangkut ruang lingkup pelayanan secara luas.
Analysis of judge's decision number 44/PDT.P./2023/PA.BN regarding dispensation of marriage due to pregnancy outside of marriage in the perspective of the Marriage Law Seli Lorenza; Ferawati Royani; Dwi Putra jaya; Hurairah Hurairah
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.v9i2.4912

Abstract

Marriage is a living union between a man and a woman which is formally confirmed by law, namely juridical and mostly also religious according to husband and wife goals and law. Article 103 states that husband and wife must be loyal to each other, help each other and help each other. The formulation of the problem in this study is how to apply and consider judges in deciding Decision Number 44/PDT.P/2023/PA.BN regarding marriage dispensation from a legal perspective. The legal research method used is normative, normative legal research (legal research) is a document study, legal marital status is one of the things that women especially want, considering that in marriage there are absolute rights for women and men that are guaranteed or protected. by the state based on applicable law. In Indonesia, the majority of marriages are carried out by minors. Marriage dispensation is necessary, but on the other hand there are also negative impacts, namely the existence of marriage at an early age or not old enough, it will increase the divorce rate and can increase the unemployment rate and abandoned children. There are several factors that influence the occurrence of underage marriages or the occurrence of marriage dispensation, namely economic factors, educational limitations, dropping out of school or not going to the same school, and social factors of marriage.
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.
Juridical Review Of The Role Of Judges In Legal Discovery (Rechtvinding) According To The Principles Of Good Justice In Handling Cases (Civil) Widi Okta Pratama; Dwi Putra Jaya; Ana Tasi Pase
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.v10i2.7217

Abstract

Judges in examining and adjudicating cases, face a fact, that the written law is not always able to solve the problems faced, considering that the codification of the law, although it seems complete, is never perfect, because thousands of unexpected problems will be submitted to the judge. The purpose of this research is to find out the legal discoveries made by the settlement of cases (Civil). 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 the umbrella for judges in making legal discoveries has been regulated in Indonesian positive law, namely that judges are independent and independent, may not refuse to hear, and must make legal considerations for decisions by mentioning articles of legislation or unwritten law as the basis for judging, by applying the meaning of judging according to the law by not discriminating against people so that civil case decisions are produced in accordance with legal values and a sense of justice that lives in society. In order to produce a civil decision, the judge must rely on the evidence submitted by the parties to the dispute, because the truth sought in a civil case is the formal truth, namely the truth that is born on the basis of formal evidence from the parties to the dispute.
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.
Akibat Hukum Klien Yang Wanprestasi Terhadap Success Fee Kepada Kuasa Hukum Yang Menangani Perkara Ditinjuau Dari Hukum Perdata Dan Undang-Undang Advokat (Studi Kasus Kantor Hukum Kota Bengkulu) Dia Ayu Wandira; Dwi Putra Jaya; Ana Tasa Pase
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.v12i2.10462

Abstract

In a success fee agreement, there is a period of time given to the legal counsel, but clients often fail to fully comply with it, resulting in default. This study is an empirical legal study on the Legal Consequences of Client Default on Success Fees to Legal Counsel as viewed from Civil Law and the Advocate Law, with a case study at a law firm in Bengkulu City. Breaches of contract often occur when clients do not pay success fees after winning a case, even though the relationship between clients and advocates is a contract that gives rise to rights and obligations as stipulated in the Civil Code and the Advocate Law. This study aims to determine the legal consequences of client default and the legal measures that can be taken by attorneys. The results of the study show that clients who do not fulfill their payment obligations are considered negligent in accordance with Article 1238 of the Civil Code. Attorneys have the right to issue a summons, and if it is still not fulfilled, they can claim damages based on Article 1243 of the Civil Code. The legal measures commonly taken are warnings, summonses, negotiations, and mediation, as confirmed through interviews with advocates in Bengkulu City. These measures are in accordance with the provisions of Law Number 18 of 2003 concerning Advocates.
Land Dispute Resolution Regarding The Sale And Purchase Of Customary Land Based On Rejang Customary Law In Kepahiang Regency From The Perspective Of The Basic Agrarian Law (UUPA) Muhammad Mulyadi Yusuf; Dwi Putra Jaya; 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.v12i2.10463

Abstract

Land is a gift from God Almighty in the form of a natural resource that is essential for humans to meet their needs, both directly for life, such as for farming or for housing, as well as for carrying out their businesses such as for trade, industry, education, and the construction of other facilities and infrastructure. The Land Dispute Law, Regulation of the Head of the Indonesian National Land Agency No. 3 of 2011, explains that a land dispute is land whose ownership is disputed by two parties who wish to claim ownership of the land. Land disputes tend to occur frequently in Indonesia and are one of the most inevitable disputes today. Such disputes can arise for various reasons, such as unclear land boundaries, conflicting ownership claims, inheritance disputes, or changes in spatial planning. To avoid such problems, it is necessary to check the ownership status of the property you are planning to purchase, whether through an intermediary or without an intermediary. Common methods include obtaining a valid land certificate document from a legal entity, as well as the authenticity of the certificate ownership.
Co-Authors Ana Tasa Pase Ana Tasi Pase Dia Ayu Wandira Ferawati Royani Fhazar Arumba Ayodhya Hurairah Hurairah M. Arafat Hermana Muhammad Mulyadi Yusuf Muhammad Ridho Firmansyah Sandi Aprianto Sela Nopita Sari Seli Lorenza Solihin Solihin Widi Okta Pratama Wilson Wilson