Jurnal Hukum Sehasen
Jurnal Hukum Sehasen (JHS) is a peer-reviewed open-access journal that aims to publish manuscripts of high-quality research as well as conceptual analysis that studies specific fields of law, such as Islamic law, customary/adat law, philosophy of law, fundamental law, legal theory, comparative law, and human rights issues. It has 1 volume with 2 issues per year (April and October).
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<![CDATA[Liability Of The Perpetrator Intentionally Accessing Another Person's Computer In The Implementation Of The Civil Servant Candidate Entrance Examination (Study Of Decision Number 702/PID.SUS/2022/PN.TJK) ]]>
<![CDATA[Bambang Hartono]]>;
<![CDATA[Suta Ramadan]]>;
<![CDATA[Adelia Febianita]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v10i1.5827
<![CDATA[The era of globalization demands the rapid development of technology and information. Human life is inseparable from law, as mandated in the 1945 Constitution of the Republic of Indonesia. Civil servants play a crucial role in the governance and development of the country. This study highlights the criminal liability of defacing offenders, a cybercrime that damages the appearance of a website. The ITE Law regulates this act, threatening punishment for those who access computers without authorization and make modifications to electronic information belonging to others. This research examines a case in Lampung, where the perpetrator assisted CPNS test participants by accessing computers and modifying answers. Through normative and empirical juridical approaches, this research examines the criminal liability of the perpetrator, including the internal and external factors that motivated the act.]]>
<![CDATA[The Principle Of Justice Ratio Decidendi Of The Judge In Decision Number 813 K/PID2-23 ]]>
<![CDATA[Missleini Missleini]]>;
<![CDATA[Evi Retno Wulan]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v10i1.5828
<![CDATA[Decision Number 813 K/PID2-23 is of deep concern in the legal field, especially regarding the analysis of the ratio decidendi principle of justice applied by judges in determining decisions. In this context, it is important to understand the various aspects that are taken into consideration by judges in making fair and just decisions. In this discussion, we will explore several key aspects that need to be considered in analyzing the principle of justice in Decision Number 813 K/PID2-23. These aspects include the principles of proportionality in the application of law, equality before the law, legal certainty, and rehabilitation and resocialization. This research also refers to the relevance and implications of the decision for the development of law and justice in society. It is hoped that this discussion can provide deeper insight into how the principle of justice ratio decidendi of judges is applied in the context of complex criminal cases such as Decision Number 813 K/PID2-23.]]>
<![CDATA[The Existence Of Islamic Legal Values In The Indonesian Legal System And Their Application In National Legal Development ]]>
<![CDATA[Muhammad Ali]]>;
<![CDATA[La Ode Husen]]>;
<![CDATA[Sahban Sahban]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v10i1.5829
<![CDATA[This research aims to determine and analyze the values of Islamic law in the national legal system and to analyze Islamic legal factors that influence national legal development. This research uses a type of normative legal research that is prospective in nature and focuses on observing legal history and observing/synchronizing law vertically and horizontally. With the technique of collecting secondary legal materials in the form of the existence of Islamic values in the national legal system, then qualitative analysis is carried out descriptively and perspectively. The research results show that (1). Islamic legal values cannot be separated from the character of the national legal system. Islamic legal values also guarantee human rights in their conception in line with the ideals carried out in the formation of the legal system in Indonesia based on the 1945 Constitution. (2). Factors of theological beliefs, historical arguments, and majority aspects are tendencies in efforts to incorporate Islamic legal values in national legal development.]]>
<![CDATA[Implementation Of Compensation In Land Procurement For The Construction Of Bengkulu-Tabapenanjung Toll Road ]]>
<![CDATA[Kholilurrohman Kholilurrohman]]>;
<![CDATA[Rosmanila Rosmanila]]>;
<![CDATA[Uswatun Hasanah]]>;
<![CDATA[Desy Maryani]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v10i1.5873
<![CDATA[The results showed that the implementation of the consignment began with the formation of a land acquisition committee whose job was to see and assess the amount of compensation for land acquisition based on the NJOP and consignment. This can be done if the community receives a large amount of compensation and can collect it at the Argamakmur District Court by bringing ownership documents. In this study, what is called land acquisition is an activity of providing land by providing proper and fair compensation. Where compensation must first go through a committee and the NJOP will assess how much compensation will be given in accordance with the land owned by the community. So that when the compensation given is agreed upon, it is possible to bring the ownership documents to the Argamakmur District Court.]]>
<![CDATA[Corruption Crime In Internet Network Procurement At Sultan Syarif Kasim State Islamic University In Pekanbaru, Riau ]]>
<![CDATA[Mariyam Indayani]]>;
<![CDATA[Hartoyo Hartoyo]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v10i1.5898
<![CDATA[Procurement of goods and services is the procurement of goods/services financed by the APBN/APBD. In the legal case in case number 57/Pid.Sus-TPK/2022/PN Pbr is a case of procurement of goods and services in the procurement of internet networks at Sultan Syarif Kasim Riau State Islamic University. In this case, there was corruption in the form of gratification where there was abuse of office and bribery in the procurement of the internet network at Sultan Syarif Kasim State Islamic University. The problems discussed are how the system for procuring goods and services in the internet network at the Sultan Syarif Kasim State Islamic University in Pekanbaru Riau City and how the judge's considerations in passing the defendant's decision in case number 57/Pid.SUS-TPK/2022/PN Pbr. The author uses the normative writing method which aims to collect written legal material sources by reviewing previous laws and publications. With the results of the discussion, namely the procurement of goods and services has been regulated in such a way and also the judge's decision which only focuses on Law Number 28 of 1999 concerning the Implementation of a State that is Clean and Free from Corruption, Collusion and Nepotism and Law Number 16 of 2018 concerning Procurement of Goods / Government services, but did not try to look at article 12b of Law Number 21 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes.]]>
<![CDATA[Ownership And Control Of Land Rights In The Legal System Of Indonesia ]]>
<![CDATA[Lilik Warsito]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v10i1.5899
<![CDATA[This research aims to conduct an in-depth analysis of the land law system in Indonesia using the Basic Agrarian Law (UUPA) as the primary guide. The objective is to understand the structure, mechanisms, and principles governing land ownership and control, as well as to identify and explain land rights regulated by the UUPA. The research method employed is normative legal research with data collection techniques through literature study to obtain comprehensive and relevant information. The data used consist of primary and secondary data obtained through literature study from various reference sources such as books, journals, and scholarly articles. The research findings conclude that significant changes have occurred in Indonesia's land regulation system since the enactment of the UUPA, including the dualistic aspect between customary law and Western law. The UUPA serves as a national legal product aimed at implementing the values of Pancasila and the goals of the state, as well as regulating the rights that individuals, entities, or associations can hold in Indonesia. The concept of land rights in national agrarian law is divided into primary and secondary rights, where primary rights include Ownership Rights, Right to Build, Right to Cultivate, and Right to Use, while Management Rights are additional rights received by holders from the state.]]>
<![CDATA[Authority Of Local Governments In Issuing Environmental Impact Assessment Permits ]]>
<![CDATA[Rahadyan Widarsadhika Wisnumurti]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v10i1.5934
<![CDATA[This study aims This study seeks to reassess the jurisdiction of local governments in granting Environmental Impact Assessment (AMDAL) permits in light of legal amendments, specifically Law Number 6 of 2023 regarding the Ratification of Government Regulation replacing Law Number 2 of 2022 on Job Creation. The Indonesian government has enacted a policy of regional autonomy to delegate greater authority to local governments in managing affairs within their regions. Environmental management is a key focus of regional autonomy implementation. Effective environmental management is essential for ensuring sustainable development in Indonesia, which boasts plentiful natural resources. Law Number 32 of 2009 on Environmental Protection and Management provides the regulatory foundation for matters related to industrial elements, law enforcement, and community involvement. This research aims to enhance understanding of the effects of regulatory changes on regional autonomy in environmental management and to provide policy recommendations for maintaining the balance between environmental sustainability and local government empowerment.]]>
<![CDATA[Problems Of Inheritance Of Wills For The Heirs Of Ninggal Kedaton ]]>
<![CDATA[I Putu Riko Sariwisesa]]>;
<![CDATA[Abraham Ferry Rosando]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v10i1.5935
<![CDATA[Customary Law in terms of inheritance. The problem of inheritance disputes is very common and often occurs in people's lives. The type of research used is Normative Research with the method of collecting legal materials used in this research through literature study and the approach used in legal research is a statutory approach and a conceptual approach. The various cultural and religious backgrounds in Indonesia are the cause of differences in the distribution of inheritance in each group of society. The absence of regulations in Indonesia that specifically regulate inheritance makes the division of inheritance confusing, especially for the Balinese traditional community, most of whom are Hindu. In general, people who are not Muslim adhere to the inheritance system regulated in the Civil Code (KUHPer), however, the Balinese Hindu community has its customary law, where the position of customary law is higher than the Civil Code. However, in reality, many Balinese Hindu communities adhere to Western Civil Law, and it is not uncommon for many people to submit wills to a Notary to give away their assets to their children who have converted. In this case, giving property by will to heirs who are no longer Hindu is prohibited under Balinese Customary Law. Therefore, it is necessary to analyze decision number 834/Pdt.G/2016/PN Dps because the lawsuit was granted by the Denpasar District Court, which makes it seem as if Customary Law is lower than Western Civil law.]]>
<![CDATA[Implementation Of Public-Private Partnership Of Lhok Guci Project Viewed From The Perspective Of Investment Law And Financing Law ]]>
<![CDATA[Kurdi Kurdi]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v10i1.5944
<![CDATA[This research aims to analyse the implementation of the Lhok Guci Project Business Entity Cooperation Viewed from the Perspective of Investment Law and Law This research itself uses normative and empirical juridical research with a statutory and conceptual approach. The results of this study indicate that the Lhok Guci PPP is included in direct investment and in connection with its own financing the government provides guarantees in order to ensure the smooth implementation of the PPP project. The conclusion of this research is that PBU is classified as a direct investment with a return of capital through two methods: User Charge and Availability Payment. Lhok Guci PPP uses the Availability Payment method. PPP is also integrated in Indonesia's financing legal framework, supported by Presidential Regulation No. 38/2015 and Minister of PPN Regulation No. 2/2020. Government support in various facilities, from project preparation to financial close, shows a strong commitment to improving infrastructure and community welfare through PPP. The suggestions in this study are that the government and business entities should finalise all aspects related to the implementation of PPP, including the legal framework, guarantees, profit return mechanisms, land acquisition, and others. This is important so that PPP projects can run smoothly and in accordance with regulations, and provide benefits to the Indonesian people as a whole without harming or violating their rights.]]>
<![CDATA[Notary’s Responsibility For Deeds Signed Without The Presence Of Witneseses ]]>
<![CDATA[Zakiah Noer]]>;
<![CDATA[Abdul Basid]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v10i1.5958
<![CDATA[Notaries as Public Officials who have the authority to make authentic deeds should submit and comply with the applicable legal rules in the Notary Position Law (UUJN) and the Notary Code of Ethics. The existence of violations in procedures for making authentic deeds by Notaries shows the weakness of legal regulations in Indonesia in supervising the performance of Notaries' duties and positions. The legal consequences of this violation can affect the position of the authentic deed that is made. For this reason, the Government as central control should re-evaluate the rules for legal sanctions related to violations committed by these authorized officials. In this research the author examines 2 (two) problems, namely, what is the validity of a notary's deed signed without the presence of witnesses, and what is the responsibility of the notary for a deed signed without the presence of witnesses. This research is normative legal research, using the statutory approach, conceptual approach and historical approach. The research results show that the signing of a Notarial deed carried out without the presence of at least 2 (two) witnesses results in the deed being degraded to the strength of proof as a private deed. In this case, if the Notary is proven in court to have committed a violation, then he can be held responsible, whether responsible according to the Notary's code of ethics, civil or criminal.]]>
