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[Competence of Indonesian Courts in Adjudicating Divorce of Foreign Citizens ]]>
<![CDATA[Inayatuzzahra, Inayatuzzahra]]>;
<![CDATA[Rahma, Sahilda Lailatul]]>;
<![CDATA[Lestari, Okti Indah]]>;
<![CDATA[Muaviroh, Siti]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v11i1.7504
<![CDATA[The presence of foreign nationals who live in Indonesia in the long term raises various international legal issues, one of which is related to divorce between the spouses of foreign nationals married abroad. This article discusses the authority of Indonesian courts in adjudicating divorce cases between two foreign nationals married abroad, as well as the application of international civil law principles in determining applicable law. Using the example of the divorce case of a foreign national couple from the United States who married in Philadelphia and lived in Indonesia for more than seven years, this article outlines the application of principles such as lex loci celebrationis, lex domicilii, and lex rei sitae in determining the authority of the court and the applicable law. The analysis shows that Indonesian courts have the authority to adjudicate this divorce based on the spouse's long-standing residence in Indonesia and based on the principles of international civil law that avoid renvoi. Therefore, the Indonesian court can decide this divorce case even though the marriage took place abroad.]]>
<![CDATA[Protection Of Civil Rights In Cases Of Grave Human Rights Violations During The Sudan Conflict Through The International Criminal Court ]]>
<![CDATA[Inayatuzzahra, Inayatuzzahra]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v11i1.7508
<![CDATA[International criminal law and international humanitarian law have long sought to protect civilians in armed conflict. The International Criminal Court (ICC) seeks to prosecute perpetrators of serious crimes in Sudan such as genocide, war crimes and crimes against humanity. The ICC seeks to investigate and prosecute perpetrators of crimes with the aim of providing justice for victims and strengthening human rights norms in the Sudan Conflict. This research discusses the protection of the rights of civilians who suffered severe human rights violations in the Sudan conflict through the international criminal court (ICC) with reference to the 1998 Rome Statute. This research uses normative legal research methods in the form of literature studies or document studies on written regulations or other legal materials.]]>
<![CDATA[Legal Analysis Of The Problems Of Implementing Restorative Justice In Cases Of Sexual Violence ]]>
<![CDATA[Yasin, Putri H]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v11i1.7585
<![CDATA[This study aims to analyze the implementation of the restorative justice approach in handling sexual violence cases from a legal perspective in Indonesia. Restorative justice focuses on prioritizing victim recovery and offender accountability through dialogue and mediation processes. However, in cases of sexual violence, the application of this approach faces serious challenges, such as violations of justice principles for victims, social pressure for reconciliation, and the potential for impunity for offenders. This study employs a normative juridical method to examine regulations, court decisions, and relevant legal practices. The findings indicate that while restorative justice has potential as a more inclusive dispute resolution mechanism, in the context of sexual violence, its implementation often fails to align with victim protection. This study recommends strengthening the legal framework to ensure that restorative justice is applied with due consideration to justice principles and without compromising the rights of sexual violence victims.]]>
<![CDATA[The Strategy Of The Metro City Government In Improving The Effectiveness Of Subsidized LPG Distribution: Challenges, Solutions, And Innovations ]]>
<![CDATA[Rahmadian, Isna]]>;
<![CDATA[Mustaghfiroh, Siti]]>;
<![CDATA[Firmansyah, Firmansyah]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v11i1.7598
<![CDATA[Liquefied Petroleum Gas (LPG) is a household fuel that is highly sought after due to its affordability and accessibility. However, the distribution of subsidized LPG often misses its target, leading to inequality. This study aims to analyze the effectiveness of subsidized LPG distribution policies in Kota Metro and identify strategies to improve target accuracy. Using a qualitative research method through field studies and a normative-juridical approach, data was collected from interviews, observations, and documentation involving various LPG user groups, including upper-middle-class, lower-middle-class communities, and LPG depot managers. The findings reveal the need for a transformation in subsidy policies to an individual-based approach and stricter distribution oversight to ensure that subsidized LPG reaches and benefits the poor and vulnerable communities.]]>
<![CDATA[The Urgency Of Regulation Of Non Conviction Based Asset Forfeiture In Corruption Criminal Acts In Indonesia ]]>
<![CDATA[Aldino, Masagus Rizki]]>;
<![CDATA[Susanti, Emilia]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v11i1.7630
<![CDATA[Regulations for confiscation of assets without punishment in Indonesia are currently not clearly regulated in statutory regulations. Currently, Indonesia only regulates asset confiscation through the criminal process. Confiscation of assets without punishment or non-conviction based asset forfeiture/NCB is the concept of returning state losses without first imposing a crime on the perpetrator. This concept was developed in several countries that adhere to a common law legal system such as the United States. This concept aims to ensure that confiscation of assets resulting from criminal acts, especially corruption crimes, is implemented optimally and does not cause problems in the future. Researchers are interested in studying and examining the urgency of implementing the concept of confiscation of assets without punishment which is regulated in the legal system in Indonesia with appropriate reviews and provisions in the United Nations Convention Against Corruption. In article 54 paragraph (1) UNCAC has regulated that all countries must consider taking actions deemed necessary so that confiscation of assets resulting from corruption is possible without criminal proceedings in cases where the perpetrator cannot be prosecuted by reason of death, flight or not being found. The approach used in this research is normative juridical, secondary data is the main data]]>
<![CDATA[Analysis Of Kpk Policy On Corruption Eradication In Indonesia In The Review Of The Corruption Criminal Law ]]>
<![CDATA[Pradini, Auly]]>;
<![CDATA[Susanti, Emilia]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v11i1.7637
<![CDATA[Eradication of corruption is still the focus of law enforcement agencies in Indonesia. The Corruption Eradication Commission (KPK) was formed based on Law Number 30 of 2002 to spearhead the eradication of corruption in Indonesia. The Corruption Eradication Commission is given greater authority in handling corruption cases than other law enforcement agencies, especially the police and the prosecutor's office. Based on data from Law Enforcement Statistics, the KPK has handled 1,135 corruption cases since its establishment, starting from handling cases in 2004 to publication at the end of December 2018. Evidently, the focus of this article is the direction of the anti-corruption policy of the Indonesian Corruption Eradication Commission.]]>
<![CDATA[Efforts To Implement Integrated Assessment For Perpetrators Of Class I Narcotics Abuse For Themselves (Study At BNN Lampung Province) ]]>
<![CDATA[Simeramisna, Brenda Sita]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v11i1.7686
<![CDATA[The state is responsible for eradicating narcotics crimes. Narcotics are substances or drugs derived from plants or non-plants, which can cause a decrease or change in consciousness, loss of pain and can cause dependence. In an effort to eradicate this crime, the National Narcotics Agency was formed because the distribution and abuse of narcotics has become rampant in society and government. Presidential Regulation of the Republic of Indonesia Number 23 of 2010 concerning the National Narcotics Agency Article 2. After discussions on the Joint Regulation, an Integrated Assessment Team Program was born, consisting of several teams. The teams in question include the Medical Team and the Legal Team which are tasked with carrying out an analysis of the role of suspects arrested at the request of investigators relating to illicit drug trafficking, especially for addicts.This research is focused on the efforts made by the Integrated Assessment Team (TAT) in handling the perpetrators of class 1 narcotics abuse for themselves. This research was conducted using a scientific method approach based on legal sources written in legislation (Law in Books) through 2 main sources at BNN Lampung. Each information is collected and an analysis is made by TAT BNN Lampung relating to the process of conducting assessments and procedures that must be in accordance with Law No. 35 of 2009 concerning narcotics which is then further regulated by PP No. 25 of 2011 concerning the Implementation of Mandatory Reporting of Narcotics Addicts. The process carried out by TAT is carried out with several stages such as information gathering by submitting files to the secretary and reviewed from a legal and medical perspective by each team. The implementation of this integrated assessment process does not require a long time, this is in accordance with the provisions regarding the work procedures of the integrated assessment team stipulated in article 14 paragraph (3) of the Regulation of the Head of the National Narcotics Agency Number 11 of 2014 concerning Procedures for Handling Suspects And / Or Defendants of Narcotics Addicts And Victims of Narcotics Abuse Into Rehabilitation Institutions. Based on some analysis, after taking care of all types of legal requirements in the assessment process, the legal apparatus determines prison as a form of punishment that is appropriate to provide a deterrent effect on the perpetrator. Thus, the application of the law that occurs at BNN Lampung related to TAT and the perpetrators of class 1 narcotics abuse is in accordance with applicable law. The above stages are a form of application of the Integrated Assessment Team (TAT) at the National Narcotics Agency (BNN) Lampung Province. After careful analysis, the Lampung Provincial BNN has implemented several stages and processes that must be carried out by TAT based on Law No. 35 of 2009 and in accordance with PP No. 25 of 2011. The results of this study prove that the Lampung Provincial BNN is in accordance with the application of TAT for class 1 drug abuse from oneself. The suggestion of this research is that the Integrated Assessment Team is expected to be able to overcome various factors that hinder the implementation of the integrated assessment process by increasing cooperation between law enforcement officials and government agencies in order to form good synergy in the implementation of integrated assessments. In addition, it can comply with all procedures in the law on the implementation of the use of class 1 narcotics to the maximum.]]>
<![CDATA[Building A Smart Generation In Media: Socialization Of The ITE Law For The Young Generation ]]>
<![CDATA[Sihutami, Veronica Kinanthi]]>;
<![CDATA[Fobia, Maranatha Lisatyaningrum Hainekam]]>;
<![CDATA[Purwati, Purwati]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v11i1.7714
<![CDATA[The development of information technology provides wide access to information and digital interaction. However, the lack of legal literacy among the younger generation often leads to violations that have negative impacts, such as the spread of rights, violations of privacy and cyberbullying. This community service activity aims to improve the understanding of junior high school students about the ITE Law, digital literacy and media ethics. The socialization methods used include interactive presentations, group discussions and legal case simulations. Pre-test and post-test evaluations showed an increase in understanding of digital law by up to 80%. This activity succeeded in equipping students with basic knowledge about digital ethics, data security and the legal implications of online activities.]]>
<![CDATA[Customary Forests Social Forestry Scheme: One Of The Strengthening Of Indigenous Peoples In Managing Natural Resources ]]>
<![CDATA[Muhammad, Ari]]>;
<![CDATA[Adha, Muhammad Yogie]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v11i1.7747
<![CDATA[Although the 1945 Constitution of the Republic of Indonesia states that the state recognizes and respects customary law communities, its recognition is conditional on customary law communities in managing their natural resources, especially in the status of certain forest areas. This paper examines how the role of customary forests in social forestry schemes provides space and access to customary law communities in natural resource management. The results of the study show that the ratification of the Decree (SK) of Customary Forests in the social forestry scheme is able to provide legitimacy to indigenous peoples in managing natural resources in accordance with their local wisdom and also have an impact on strengthening customary practices in the management of their natural resources]]>
<![CDATA[Legal Protection Of Indigenous Peoples In East Kalimantan In The Development Of The Archipelago's Capital City Associated With Applicable Laws And Regulations In Indonesia ]]>
<![CDATA[Rusdianto, Karin]]>;
<![CDATA[Septina Basani, Christin]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v11i1.7771
<![CDATA[This study examines the protection of indigenous peoples in the Nusantara Capital City (IKN) in the context of sustainable development in Indonesia, focusing on the roles, rights, and challenges faced. Using normative research methods with a statutory approach and a conceptual approach, this study analyzes the legal framework that governs indigenous peoples, such as Article 18B paragraph (2) of the 1945 Constitution, Law No. 39 of 1999 concerning Human Rights and the Law on Villages. This research uses the theory of legal protection and implementation theory. The findings suggest that indigenous peoples face significant challenges, including loss of access to traditional lands, marginalization in decision-making processes, and threats to cultural identity. This study emphasizes the importance of a participatory approach that integrates local wisdom to protect the rights of indigenous peoples while supporting fair and sustainable development. This study recommends.]]>
