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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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Kota bengkulu,
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INDONESIA
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 55 Documents
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Search results for , issue "Vol 12 No 1 (2026): April" : 55 Documents clear
The System of Inheritance Distribution in Dusun Pulau Community, Air Rami District: A Comparative Study of Pekal Bacakuk Kayu Customary Law and Islamic Law Prianto, Rocky Eric; Putra, Deyan Ajian; Ridev, Ghania Khalisa; Zidane, Muhammad Azka
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.v12i2.10948

Abstract

One of the common issues in contemporary society is the problem of inheritance distribution systems, which are influenced by legal pluralism, including customary law, Islamic law, and western law. These differing legal systems often lead to inconsistencies in inheritance practices within communities. This study aims to analyze the comparison between the inheritance distribution system under Pekal Bacakuk Kayu customary law and Islamic inheritance law in the Dusun Pulau community, Air Rami District. This research is an empirical legal study supported by a normative approach, with data collection conducted through interviews and literature review. The data were analyzed qualitatively using an inductive reasoning method. The results show that under Pekal Bacakuk Kayu customary law, the inheritance system follows a matrilineal pattern, where daughters are considered the primary or even sole heirs, while sons do not receive any inheritance rights. This system is based on social values, customs, and the function of property in maintaining family continuity. In contrast, Islamic inheritance law stipulates a proportional and clearly defined distribution, where male heirs receive twice the share of female heirs, reflecting their economic responsibilities. This difference indicates the existence of legal pluralism within society, resulting in differing concepts of justice between customary law and Islamic law. Therefore, efforts toward harmonization are necessary to create a fair inheritance system that aligns with societal values.
Problematika Kedudukan Direktur yang Merupakan Penjamin Perorangan (Personal Guarantee) sebagai Termohon PKPU Problems of the Position of Directors Who Are Individual Guarantor (Personal Guarantee) as Respondents in PKPU Manullang, Wanako Bicton
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.v12i2.10121

Abstract

This study aims to determine the legal position of directors in debt agreements accompanied by personal guarantees. In this study, the method used is doctrinal research, which means a literature study in which the author intends to use existing legal materials or secondary data. The conclusion that can be obtained is that the position of a guarantor in the Debt Payment Suspension (PKPU) process is essentially the last layer when the main debtor is no longer able to fulfill their debt payment obligations. Legally, although the guarantor bears subsidiary obligations like the debtor, the main purpose of PKPU is to provide the main debtor with the opportunity to restructure the debt through a peace plan, not to carry out direct collection.
The Role Of Advocates In The Legal Protection Of Children Accused Of Committing Narcotics Crimes Based On Law Number 11 Of 2012 Concerning The Criminal Justice System For Children Kaban, Sukma Yertina; Hasibuan, Lidya Rahmadhani; Nasution, Chairuni
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.v12i2.10196

Abstract

Advocates play a crucial role as legal defenders, particularly in upholding children's rights, from the investigation stage to court decisions. This study aims to analyze the role of advocates in the legal assistance process for children accused of drug offenses and to examine the implementation of the principles of legal protection for children as stipulated in Law Number 11 of 2012. The handling of cases involving child drug offenders must prioritize diversion as a means of resolving the case outside the criminal justice process to avoid the negative impacts of detention and harsh sentences. The legal protection provided by advocates extends beyond defense in court, but also includes assistance during the investigation, prosecution, and trial to ensure the best interests of the child. The research method used is a normative juridical approach, examining laws and case studies. The results indicate that advocates' responsibilities extend beyond formal defense to children, including legal education, ensuring fair legal proceedings, and promoting restorative justice as mandated by the Children's Juvenile Justice Law. However, in practice, challenges remain, including a lack of understanding among advocates regarding child protection approaches and a limited availability of advocates with specialized competencies in child advocacy. Therefore, ongoing training and supporting regulations are needed to strengthen the role of advocates in realizing a just and humane juvenile criminal justice system.
The Role Of Evidence In Proving Cases Of Sexual Violence Against Women Based On Article 184 Of The Kuhap Br Tarigan, Nur Aini Sandyta; Sahlepi, Muhammad Arif; Tanjung, Andry Syafrizal
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.v12i2.10294

Abstract

Legal protection in social life is crucial to protect people from violations of norms. Legal norms are needed in cases of sexual violence, encompassing various forms of physical, psychological, sexual, or economic suffering. Cases of violence against women are a topic of criminal procedure, particularly in the evidentiary process. Violence against women often faces evidentiary challenges due to the hidden nature of the crime, and victims often find it difficult to provide direct evidence. Collecting and presenting evidence in cases of violence against women faces various complex challenges. One of the main challenges is the often personal nature of the violence, making it difficult to obtain objective evidence. Another factor is that victims of violence often experience profound psychological trauma, which also affects the consistency or completeness of their testimony before investigators or the court. Shame, fear of social stigma, or threats from the perpetrator often make victims reluctant to report the incident. These obstacles require the involvement of experts from the National Commission on Violence Against Women (Komnas Perempuan), as well as legal services and assistance. Standard proof in cases of violence against women prioritizes the integration of various forms of evidence in accordance with Article 184 of the Criminal Procedure Code.
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) Wandira, Dia Ayu; Jaya, Dwi Putra; Pase, Ana Tasa
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) Yusuf, Muhammad Mulyadi; Jaya, Dwi Putra; Aprianto, Sandi
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.
The Settlement Of Criminal Disputes Disputes Under National Law Andcustomary Criminal Law In Baturaja Village Community Of Pondok Kubang Sub-District In Central Bengkulu Silviani, Yessi; Royani, Ferawati; Aprianto, Sandi
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.v12i2.10465

Abstract

Sanctions in customary criminal law can be in the form of traditional punishments, such as fines, purification, or ostracism from the community. The formulation of the problem taken in this study is How is the resolution of criminal disputes in the law and customary criminal law in the community of Baturaja Village of Pondok Kubang Sub-District in Central Bengkulu? What are the inhibiting factors in the resolution of criminal disputes in the law and customary criminal law in the community of Baturaja Village of Pondok Kubang Sub-District in Central Bengkulu? The research method in this thesis is an empirical legal method. The empirical approach is used to determine the practice of resolving criminal cases according to customary law that applies in the community. Conclusion Settlement of criminal cases through customary law is a process of resolving cases outside the courts which consists of first, a mediation system with a consensus approach through deliberation. Second, a restorative justice system, a case resolution system with the intention of restoring the conditions arising from the victim therefore a sense of brotherhood between each party is woven back together. The main objective of resolving violations of customary criminal acts is not based on a retributive view (retribution); but as a means of resolving conflicts, maintaining harmonious conditions among community members, and maintaining solidarity.
Analysis A Criminological Study of Supreme Court Decision No. 574K/PID.SUS./2018 on the Criminalization of a Sexual Harassment Victim Resulting in a Conviction, Reviewed under Law Number 12 of 2022 on Sexual Violence Crimes Sumansyah, Riki; Maryani, Desy; Pase, Ana Tasia
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.v12i2.10481

Abstract

The Supreme Court Decision Number 574 K/Pid.Sus./2018 has generated controversy as it is considered to have criminalized a victim of sexual harassment who was ultimately convicted as a defendant. This decision reflects serious problems in the enforcement of criminal law, particularly in relation to the protection of victims of sexual violence. This study aims to examine the decision from a criminological perspective and to review it based on Law Number 12 of 2022 on Sexual Violence Crimes (UU TPKS). The research method employed is normative legal research using a statutory approach, a case approach, and a conceptual approach. The data are derived from primary, secondary, and tertiary legal materials and are analyzed qualitatively. The findings indicate that the Supreme Court decision has not fully reflected the principles of victim protection and restorative justice as mandated by the UU TPKS. From a criminological perspective, the criminalization of victims has the potential to cause secondary victimization and to reinforce a culture of fear in reporting cases of sexual violence. Therefore, a paradigm shift among law enforcement officials is necessary in handling sexual violence cases to ensure alignment with the spirit of victim protection and respect for human rights as stipulated in the UU TPKS
Legal Analysis of the Termination of a Fixed-Term Employment Agreement Based on a Court Decision No: 50/Pdt.Sus-PHI/2025/PN.Mdn Elfhadjri, Ziqra; Nasution, Abdul Razak; Rafianti, Fitri
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.v12i2.10618

Abstract

This study examines fixed-term employment agreements (PKWT) as a form of employment relationship with a limited duration, but often raises legal issues when termination of employment occurs that does not comply with statutory provisions. These issues usually arise from differences of opinion regarding the terms, procedures, and legal protections for workers and employers. This study uses a normative juridical method with a statutory approach and case studies of court decisions. The analysis of Decision Number: 50/Pdt.Sus-PHI/2025/PN.Mdn shows that courts generally emphasize compliance with Law Number 13 of 2003 concerning Manpower, as amended by Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation, in assessing the validity of termination of employment in PKWT. Court decisions also demonstrate efforts to balance the interests of employers with the protection of workers' rights, particularly regarding compensation, damages, and legal certainty. Thus, it can be concluded that the role of the court is very important in providing justice and legal certainty for the parties in employment disputes, while also strengthening the implementation of employment regulations.
Legal Protection for Witnesses in The Criminal Act of Theft Based on The Criminal Code (KUHP) Tarigan, Hendra Julianto Marselinus; Aspan, Henry; Zarzani, Riza
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.v12i2.10622

Abstract

The crime of theft as regulated in Chapter XXII, Article 362 of the Criminal Code is theft in its basic form. The elements are, namely the "objective" element, there is an act of taking, the object taken is something, the item is wholly or partially owned by another person. The crime of theft with violence is regulated in Article 365 of the Criminal Code, and also includes all the elements outlined in Article 363 paragraph 1 of the Criminal Code. This prolonged tendency has ultimately become a taboo in society. The victim is considered the party that receives help, with the assumption of punishing the perpetrator of the crime alone; unless the victim is also a witness, to help in providing evidence in the crime, the rest returns to the goal and view of punishing the perpetrator alone. In Indonesia itself, there are regulations regarding the protection of victims and witnesses, such as in Law Number 13 of 2006 concerning the Protection of Witnesses and Victims. With these regulations, witnesses and victims should receive proper guarantees and not need to feel threatened or harmed. Because victims are the ones who suffer, they should receive assistance or facilitation in reporting or filing complaints with the authorities. Therefore, this research was conducted using normative legal research (normative legal research method). The normative legal research method is a legal literature study conducted by examining literature or secondary data. This research was conducted to obtain materials in the form of theories, concepts, legal principles, and related legal regulations. The data obtained in this study will be analyzed qualitatively in accordance with the specific nature of the research, to examine the relationship between theory and practice in witness protection in theft crimes. Qualitative data analysis. Legal protection for witnesses and witnesses in theft crimes involves guaranteeing a sense of security from potential threats arising from the presence of a suspect or his accomplice. Legal protection for victims of theft crimes, although it has been implemented well, it would be better if there were efforts made by law enforcement officers in overcoming or suppressing the occurrence of violent theft crimes by conducting education on the dangers of theft crimes, patrolling, and also forming community groups that are responsive to a crime. By paying attention to law enforcement officers in making policies towards victims and witnesses, they pay more attention to the aspect of interest in this case, victims and witnesses as people who suffer physically and mentally really need all efforts or policies that support the achievement of justice that should be obtained by the victims.

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