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Agustina, Sakinah
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Law, Crime, Criminology & Criminal Justice

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PELAKSANAAN REHABILITASI UNDANG-UNDANG NO. 53 TAHUN 2009 TENTANG NARKOTIKA DI KOTA PALEMBANG Yusni, Suryani; Agustina, Sakinah
Justici Vol 18 No 1 (2025): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35449/justici.v18i1.885

Abstract

Penyalahgunaan narkotika di kota Palembang saat ini semakin marak dan sangat meresahkan masyarakat, bangsa dan negara. Guna menanggulanginya diperlukan suatu aturan yaitu Undang-undang Narkotika. Dalam penanggulangannya bisa melalui sanksi pidana dan sanksi rehabilitasi
TINJAUAN PELAKSANAAN PIDANA PENJARA TERHADAP KETERPADUAN DENGAN TUJUAN PEMASYARAKATAN Agustina, Sakinah; Yusi, Suryani
Justici Vol 16 No 2 (2023): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35449/justici.v16i2.705

Abstract

Abstract Imprisonment as the main punishment is the punishment that is most threatened against the perpetrators of crimes. This is one of the causes of over-capacity and imprisonment in prisons which affects the process of fostering convicts in achieving correctional goals. As an effort to overcome this, the government uses moderate steps by bringing up alternative punishments besides imprisonment, namely supervision and social work which are accommodated in the new Criminal Code, and to realize integration with the goals of correctional, revisions are made to the Correctional Law No. 12/1995 to become Law No. 22/2022 .
KEABSAHAN DOKUMEN ELEKTRONIK DI DALAM TRANSAKSI BISNIS SECARA ELEKTONIK Agustina, Sakinah; Dewi Pratiwi, Meirina
Justici Vol 17 No 1 (2024): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35449/justici.v17i1.778

Abstract

ABSTRACT In buying and selling transactions via the internet, it does not rule out the possibility of various unlawful acts occurring, causing losses to other parties. Therefore, it is necessary to think about a solution in the form of legal action that can be taken for an unlawful act that occurred in a buying and selling transaction via the internet. In this way, cases like this can still be resolved legally, so that there is no legal vacuum which could ultimately lead to even greater losses. The type of research that the author uses is normative juridical, namely a method that focuses on research on library data, or secondary data through legal principles and legal comparisons. The authentication or validity of electronic documents and/or their printouts are valid legal evidence which can be seen from Articles 5, 6 and 7 of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions.
Evaluation Of The Decision Of The Palembang District Court Number 156/Pid.B/2024/PN.Plg From A Criminal Law Perspective In The Police Recruitment Process Mahendra, Yusuf Eka; Fahrian, Yudi; Agustina, Sakinah
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.9505

Abstract

This research is entitled Evaluation of Palembang District Court Decision Number 156/Pid.B/2024/Pn.Plg From a Criminal Law Perspective in the Police Recruitment Process. This case is interesting to examine because it reflects legal irregularities in the recruitment process for prospective Polri members which should be carried out in a clean, transparent, accountable, and humane manner. The defendant, who is not part of the police institution, promised the victim that he could pass his child to become a Polri member in exchange for a sum of money that was ultimately not returned. The problem of this research is what form of criminal liability is applied and how the judge's considerations in the decision. This research uses a normative juridical method with a case study approach through a literature study that includes primary legal materials in the form of the Criminal Code, Police Chief Regulations, and court decisions, as well as secondary legal materials from literature and opinions of legal experts. The analysis is carried out qualitatively by describing legal facts, criminal elements, and relevant theories of criminal liability such as strict liability, responsibility, and accountability. The research results indicate that criminal liability is based on the principle of culpability, applying the theories of responsibility and accountability, as the defendant possesses the legal capacity to take responsibility and is proven to have committed the offense intentionally. The defendant was found guilty of Articles 372 and 378 of the Criminal Code concerning embezzlement and fraud, and the panel of judges sentenced him to two years and six months in prison. However, the judge should have considered Article 65 of the Criminal Code, which regulates the combination of crimes with similar penalties, thus requiring a sentence of four years and three months, along with an obligation to pay compensation to the victim. Furthermore, non-penal measures are also important, including public education using social media to ensure public awareness that recruitment into the Indonesian National Police (Polri) is free, and to encourage the police institution to be more transparent and decisive in prosecuting individuals involved, including dismissal and criminal proceedings. Therefore, this research is expected to contribute to strengthening legal justice, increasing recruitment transparency, and raising public legal awareness.
Juridical Analysis Of Adultery Issues In Article 411 Of Law Number 1 Of 2023 On The Criminal Code Hermalika, Yosi; Yusi, Suryani; Agustina, Sakinah
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.9506

Abstract

The title of this thesis is "Legal Analysis of the Problem of Adultery in Article 411 of Law No. 1 of 2023 concerning the Criminal Code"This study aims to explain the existence of human rights in Article 411 of Law Number 1 of 2023 concerning the Criminal Code concerning the crime of adultery from the perspective of human rights in Indonesia and human rights in Islam. The expansion of the meaning of adultery in Article 411 of the 2023 Criminal Code is considered to have adopted the concept of adultery from religious teachings, especially Islam, and raises human rights issues in the category of violations of a person's right to privacy. The regulation of adulterers who are not bound by marriage into the crime of adultery makes the state considered to have intervened far in the realm of the privacy of its citizens. This study uses a type of juridical-normative research and library research by conducting a study of laws and regulations, legal documents, books, and journals related to the title of this thesis. The results of the study show that the position of human rights in Indonesia is as a constitutional right. For this reason, every law and regulation must refer to the principle of humanity. Human rights can still be limited as long as the restrictions are regulated by law, including the formulation in Article 411 of the 2023 Criminal Code concerning Adultery which limits a person's personal relationships to maintain and protect the right to a sense of security, honor and good name of others. In addition, according to human rights in Islam, Article 411 of the 2023 Criminal Code has provided benefits and guaranteed the rights of the general public. With the existence of criminal penalties for perpetrators of adultery, both those who are married and those who are not married, it has provided the right to protection of honor and descendants as well as protection of children's rights in terms of inheritance.
Legal Protection For Mutual Fund Investors At PT AJ Central Asia Raya (CAR Life Insurance) Palembang, South Sumatra, In The Event Of Losses Sherinda, Ghea Premarsha; Erniwati, Erniwati; Agustina, Sakinah
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.9326

Abstract

This study aims to analyze the legal responsibility of mutual fund organizers at PT. AJ Central Asia Raya (CAR Life Insurance) in Palembang City for losses experienced by investors. A mutual fund is a vehicle for collecting funds from investors to be managed in an investment portfolio by an investment manager. In practice, investor losses often raise legal questions regarding the organizer’s responsibilities. This study employs a normative juridical method using statutory and case study approaches. The findings indicate that mutual fund organizers are obligated to protect investors' interests in accordance with Law Number 8 of 1995 concerning Capital Markets and the regulations of the Financial Services Authority (OJK). If losses occur due to negligence or mismanagement, organizers may be held legally accountable and subject to administrative, civil, or criminal sanctions. The case at PT. AJ Central Asia Raya highlights the importance of increased supervision and accountability in mutual fund management. The study recommends stronger regulatory enforcement and oversight by OJK, along with greater transparency and investor education. These measures are essential to ensure effective legal protection for investors and to maintain public confidence in the mutual fund industry.
How Is The Implementation Of Mandatory Indonesian National Standards (SNI) For Children’s Toys Products According To Law No. 3 Of 2014 Concerning Industry Adellya, Novrisa; Erniwati, Erniwati; Agustina, Sakinah
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.9511

Abstract

This study discusses the implementation of the mandatory Indonesian National Standard (SNI) for children’s toy products based on the provisions of Law Number 3 of 2014 concerning Industry. The aim of this research is to analyze how the obligation to apply SNI is implemented by business actors and supervised by the government in ensuring the safety of children's toys circulating in society. The research method used is a normative juridical approach utilizing secondary data derived from legislation, legal textbooks, and scientific journals. The results of the study indicate that the obligation to apply SNI to children's toy products is a form of legal protection for child consumers, but its implementation in the field still faces various obstacles ranging from lack of supervision to the low awareness of business actors.
Factors Hindering The Implementation Of Law No. 18 Of 2008 On Waste Management In Penukal Abab Lematang Ilir Regency Rosa, Mila; Erniwati, Erniwati; Agustina, Sakinah
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.9512

Abstract

This study aims to analyze the implementation of waste management policies in PALI Regency, referring to Law No. 18 of 2008 and Regional Regulation of PALI Regency No. 4 of 2024. Although the regulations have been normatively established to promote the 3R principles (Reduce, Reuse, Recycle) and community involvement, the findings reveal a significant gap between policy and field implementation. This research employs a descriptive qualitative method with a case study approach, utilizing in-depth interviews, observations, and document analysis. The results indicate that policy implementation remains suboptimal due to weak communication, limited resources, lack of inter-agency coordination, and low public awareness. Moreover, community initiatives such as the PALI Waste Bank have not yet received adequate support from the local government. Social and cultural barriers, including the perception that waste management is solely the government's responsibility, further hinder progress. On the other hand, there are strategic opportunities in circular economy potential and grassroots initiatives, which could be strengthened through institutional support, incentives, and digitalization of the waste management system. This study recommends strengthening local institutions, establishing formal partnerships between communities and the government, enhancing environmental education, and promoting technological innovation as crucial steps toward a sustainable waste management system in PALI Regency.
Co-Authors Adellya, Novrisa Dewi Pratiwi, Meirina Erniwati Erniwati Fahrian, Yudi Hermalika, Yosi Mahendra, Yusuf Eka Rosa, Mila Sherinda, Ghea Premarsha Yusi, Suryani Yusni, Suryani