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KARONA CAHYA SUSENA
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Fakultas Hukum Universitas Dehasen Bengkulu Jl. Meranti Raya No. 32 Sawah Lebar Kec. Ratu Agung, Kota Bengkulu 383228
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Jurnal Hukum Sehasen
Published by Universitas Dehasen Bengkulu
ISSN : 25285025     EISSN : 27466485     DOI : https://doi.org/10.37676/jhs
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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).
Arjuna Subject : Ilmu Sosial - Hukum
Articles 29 Documents
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Search results for , issue "Vol 11 No 2 (2025): Oktober" : 29 Documents clear
The Role of the Deli Serdang District Attorney's Office in Postgraduate Education Management Prosecution of Corruption Harahap, M. Emirsyah Hussein; Ismaidar, Ismaidar
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.v11i2.7853

Abstract

The role of the Deli Serdang District Attorney's Office in prosecuting corruption crimes is very important in providing a deterrent effect for perpetrators of corruption. With firm and fair prosecution, the Deli Serdang District Attorney's Office can show that corruption is a serious crime that will not be tolerated. This is expected to create fear and a deterrent effect for other potential perpetrators of corruption, so that they think twice before committing corruption. The deterrent effect is very important to create an anti-corruption culture in society. In addition, it also plays a role in returning state losses due to corruption. Through the prosecution process, the Deli Serdang District Attorney's Office can demand that perpetrators pay compensation or return assets. This study uses empirical legal research through field research. The data collection method used in this study is the library research method and the field research method. Data collection was carried out through interviews conducted at the Deli Serdang District Attorney's Office. The Deli Serdang District Attorney's Office in carrying out prosecution coordinates with other institutions in handling corruption crimes such as Expert Witnesses, the Corruption Eradication Commission (SPDP to avoid overlapping) and the State Detention Center (Detention Center). In addition, it tries to prepare evidence and witnesses in the process of prosecuting corruption crimes by preparing various evidence in court, such as: Coordination with related parties, including the Village Head, Sub-district Head and with witnesses who are directly related to corruption cases in witness examinations at the Investigation stage, an Identity Card (KTP) and Mobile Phone Number are attached.
Perlindungan Hukum Terhadap Data Pribadi Pengguna Di Platform E-Commerce Harahap, Pardamean; Simamora, Novita BR
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.v11i2.9140

Abstract

The development of digital technology has encouraged the growth of the e-commerce sector in Indonesia, but on the other hand, it poses serious challenges related to the protection of consumers' personal data. This study analyzes the legal responsibility and effectiveness of government supervision of personal data leaks through a 2020 Tokopedia case study, which involved more than 91 million user accounts. The focus of this study is the Central Jakarta District Court Decision No. 235/Pdt.G/2020/PN.Jkt.Pst, where the lawsuit of the Indonesian Consumer Institute Foundation (YLKI) against Tokopedia and Kominfo was rejected only for reasons of absolute competence, without assessing the substance of the violation. This research aims to evaluate the weaknesses of the personal data protection legal system in Indonesia before the enactment of Law No. 27 of 2022 concerning Personal Data Protection, as well as assess the extent to which the Ministry of Communication and Information Technology (Kominfo) exercises its authority and responsibilities as a regulator. Using a normative juridical approach, this study examines relevant legal provisions, legal theories, and court decisions. Theoretically, this research refers to the theory of legal protection (Philipus M. Hadjon), and cybersecurity and data privacy (Daniel J. Solove). The results of the study show that legal protection for digital consumers is still formalistic and not yet substantive, and the lack of repressive actions from the state shows weak accountability in digital supervision. Therefore, a more responsive, accountable, and applicable legal approach is needed in ensuring the protection of personal data in the digital era.
Studi Komparatif: Urgensi Reformulasi Sanksi Pidana Deepfake Dalam Kuhp Dan UU ITE Ramadan, Muhammad Ijzlal; Wahyudi, Endik
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.v11i2.9463

Abstract

This research examines the urgency of reformulating criminal sanctions for digital crimes involving deepfake technology within the framework of Indonesian law, particularly the Law on Electronic Information and Transactions (UU ITE) and the Indonesian Penal Code (KUHP). The primary focus is to analyze the current legal framework in Indonesia and compare it with regulations in South Korea and the United States. This study employs a normative juridical method with a statutory, conceptual, and comparative approach. The findings reveal that Indonesia does not yet have specific provisions regulating deepfake, whereas several countries have enacted more adaptive legal instruments. Therefore, comprehensive legal reform is necessary to anticipate the negative impacts of artificial intelligence technologies on privacy rights, democratic integrity, and public order.
Legal Status Of Custody Of A Post-Divorced Minor In The Custody Of His Father Harahap, Pardamean; Simanullang, Kristina Angelina
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.v11i2.9464

Abstract

Putusan Nomor 164/Pdt.G/2022/PN Ptk merupakan sebuah perkara hak asuh anak yang menimbulkan kontroversi, di mana hak asuh anak yang berusia 4 tahun diberikan kepada ayah, meskipun dalam ketentuan hukum yang berlaku di Indonesia, hak asuh anak pada usia tersebut umumnya lebih diutamakan diberikan kepada ibu. Keputusan ini menjadi sorotan karena adanya tuduhan kekerasan terhadap ibu, yang dalam putusan tersebut tidak didukung oleh bukti sah yang kuat, seperti visum atau hasil evaluasi psikologis yang valid. Penelitian ini bertujuan untuk mengkaji pertimbangan hukum yang dilakukan oleh hakim dalam mengambil keputusan tersebut, serta menilai apakah keputusan tersebut sejalan dengan prinsip kepentingan terbaik bagi anak yang seharusnya menjadi dasar utama dalam penentuan hak asuh. Metode yang digunakan dalam penelitian ini adalah yuridis normatif dengan pendekatan studi kasus, yang mengutamakan analisis terhadap regulasi hukum yang ada dan fakta-fakta dalam kasus tersebut. Hasil penelitian menunjukkan bahwa dalam putusan tersebut, hakim tidak sepenuhnya mempertimbangkan bukti objektif yang ada, baik dalam bentuk fisik maupun psikologis. Keputusan yang diambil berpotensi mengabaikan hak ibu dan, yang lebih penting, kepentingan terbaik anak, yang seharusnya menjadi pertimbangan utama dalam menentukan siapa yang lebih pantas untuk mendapatkan hak asuh.
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.
Criminal Liability In The Practice Of Premanism With The Modus Operandi Of Mass Organizations In Extortion Crimes According To Article 368 Of The Criminal Code Titi, Swara; Fahrian, Yudi; Agustian, 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.v11i2.9508

Abstract

This study examines criminal liability in the practice of vigilantism that exploits community organizations (ormas) as a means or modus operandi for committing extortion as regulated under Article 368 of the Indonesian Criminal Code (KUHP). The research focuses on two main aspects: the form of criminal liability imposed on perpetrators who use the identity of ormas to commit extortion, and the factors that contribute to the prevalence of this phenomenon in society. The objective of this research is to comprehensively analyze the application of criminal liability to offenders from the perspective of national criminal law, as well as to reveal the underlying causes of vigilantism disguised under the cover of ormas. The research employs a normative juridical method with a statute approach, supported by literature review of legislation and legal scholarship. The findings indicate that extortion committed by individuals acting under the name of ormas fulfills the criminal elements stipulated in Article 368 of the KUHP, thereby placing primary criminal liability on individual perpetrators. However, if it can be proven that a legal entity benefits from and is involved in such extortion, then the ormas, as a corporation, may also be held criminally liable through the doctrine of corporate criminal liability. The persistence of this phenomenon is influenced by weak governmental oversight, low legal awareness among the public, and the misuse of organizational legitimacy. Addressing this issue requires a comprehensive strategy, including both repressive and preventive legal approaches, strict supervision of ormas activities, enhancement of public legal awareness, and revitalization of regulations concerning corporate criminal liability in cases of extortion.
The Issue Of Business Competition Among Padang Restaurants According To Law Number 5 Of 1999 Sherinda, Ghea Premarsha; Erniwati, Erniwati; Sakinah, 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.v11i2.9509

Abstract

One of the food businesses that has high competitiveness is Padang restaurants. Padang restaurants are known as delicious restaurants that can adapt to the tastes of the entire community. In the 1950s to 1970s, Padang restaurants experienced rapid growth. Many Minangkabau entrepreneurs opened their businesses in various cities, thus creating business competition. Tight business competition encourages Padang restaurants to continue to improve quality and innovation. However, this competition also poses challenges such as monopolistic practices and unhealthy business competition. The problems in this thesis are the existence of unhealthy competition in the Padang restaurant business and legal settlement efforts that can be taken if a dispute occurs between Padang restaurants. This problem was triggered by a 38-second viral video showing the actions of a number of people removing the "Padang Cuisine" label in Sukadana Village which sells food at prices below market prices, which are only IDR 9,000 per portion. This study uses the Normative research method. The results of the analysis show that the practice of revoking the “Padang Cuisine” label is because the owner of the Padang restaurant in Sukadana Village sells food at a price below the market price, which is only IDR 9,000 per portion. Based on Article 20 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. It can be concluded that what the owner of the restaurant in Sukadana Village did was an act prohibited by Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. Because the restaurant sets a price that is very low or below the market price, it is detrimental to other Padang restaurant business owners.
Islamic Character Education For The Millennial Generation: The Role Of Social Media And Information Technology Reyhana, Reyhana; Azmiannur, Muhammad
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.v11i2.8300

Abstract

This research aims to analyze the role of social media and information technology in Islamic character education for the millennial generation. Millennials who grow up in the digital era face great challenges in maintaining moral and moral values in accordance with Islamic teachings. Along with the rapid development of technology, social media emerged as a means that can be utilized to spread da'wah messages and form Islamic character. This research uses a qualitative approach with a case study design, through social media content analysis and in-depth interviews with da'wah leaders and social media users. The results show that social media, especially platforms such as YouTube, Instagram, and TikTok, have a significant role in spreading Islamic values. The da'wah content published on these platforms contains moral messages that focus on Islamic morals, worship, and daily life in accordance with Islamic principles. However, this study also found major challenges related to the large amount of negative content spread on social media, which can damage the morals and morals of the millennial generation.
The Ethical Responsibility Of Lawyers In The Dissemination Of False Information And Its Implications For The Image Of The Legal Profession Machmud, Amir; Bustaman, Bustaman
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.v11i2.9108

Abstract

The spread of fake news by advocates has become an important issue in the digital era that can damage the image of the legal profession. This study aims to identify the ethical and legal responsibilities that advocates must adhere to and analyze the impact of fake news dissemination on the profession's image. The method used is a normative legal approach, analyzing applicable codes of ethics and regulations. The analysis results show that non-compliance with ethical codes can lead to disciplinary sanctions and negative stigma against the legal profession. This study recommends the need for ongoing education, transparency, and responsible use of technology by advocates, as well as strengthening reporting mechanisms by professional associations. With a commitment to ethics, advocates can enhance public trust in the legal system.

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