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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
A Criminological Study Of The Impact Of Murder On The Community And Online Motorcycle Ticket Drivers Hairani, Tika; Syahranuddin, Syahranuddin; 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.v12i2.10669

Abstract

This study examines how robbery crimes impact society and online motorcycle taxi drivers in Indonesia from a criminological perspective. The increase in street crime, particularly robbery, indicates a lack of legal protection for informal sector workers who work in public environments. This study uses normative law, employing a legislative and conceptual approach. The results of the study show that regulations protecting online motorcycle taxi drivers do not fully ensure their safety at work. Robbery causes material losses, emotional trauma, and a sense of insecurity in the community. From a criminological perspective, economic pressure, social inequality, and a lack of social bonds are the main causes of robbery. To prevent similar cases from recurring, the government and law enforcement agencies must strengthen law enforcement, improve social protection, and increase surveillance in crime-prone areas.
A Juridical Analysis Of Legal Protection For Doctors And Patients In Medical Aesthetic Services (A Review Under Law No. 17 Of 2023 On Health And Law No. 8 Of 1999 On Consumer Protection) Syarif, Frien Refla; Simarmata, Marice
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.v12i2.10671

Abstract

The field of medical aesthetics has experienced rapid growth in recent years, in line with the increasing public awareness of the importance of appearance, skin care, and technological advancements in aesthetic medicine. However, behind this progress lie several legal issues that require serious attention, including unauthorized medical practice, alleged malpractice, and the inadequate legal protection afforded to both patients and medical practitioners. This study aims to examine the forms of legal protection available to doctors and patients in the practice of medical aesthetic services, with reference to Law Number 17 of 2023 on Health and Law Number 8 of 1999 on Consumer Protection. The research employs a normative juridical (doctrinal) method using a statute approach and a conceptual approach. The analysis is carried out qualitatively by examining primary, secondary, and tertiary legal materials. These two legal instruments serve as the primary foundation for ensuring legal protection for both parties; however, their implementation still requires derivative regulations and clearer enforcement mechanisms to strengthen their effectiveness. The government, the Professional Discipline Council, and the public are expected to play an active role in establishing an aesthetic medical service system that is safe, ethical, and equitable. Reforms to Indonesia’s health law framework should be directed toward an integrative and humanistic model of legal protection—one that not only safeguards medical practitioners from potential criminalization but also ensures patient safety and the protection of patients’ rights as consumers of aesthetic medical services. This study is expected to provide new perspectives and contribute to the growing body of literature in the field of health law in Indonesia.
Cargo Manifest Forgery by Shipping Administration Officers under Indonesian Criminal and Shipping Law Mahazalien, Zulfan Noor; Soekorini, Noenik; Hartoyo, Hartoyo; Ayuningtyas, Fitri; Marwiyah, Siti
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.v12i2.10695

Abstract

This study examines the criminal liability of shipping administrative officers (krani) involved in the forgery of shipping documents without physical verification. The analysis refers to Article 263 of the Indonesian Criminal Code and Law No. 17 of 2008 on Shipping. It focuses on the dual role of the krani as both a technical executor and a subject of criminal liability, as illustrated in District Court Decision No. 323/Pid.Sus/2017/PT.DKI. Employing a normative legal method with statutory, conceptual, and comparative approaches, the study draws upon statutory provisions, legal doctrines, and relevant jurisprudence. Findings indicate that shipping officers hold a crucial legal position within corporate responsibility chains. However, the regulatory framework lacks explicit boundaries regarding their authority and liability. The court concluded that the defendant had actively prepared and signed falsified documents without conducting proper verification, fulfilling the elements of criminal offense. Nevertheless, assigning criminal blame solely to lower-level officers may risk abuse of hierarchical power and allow impunity for supervisory officials. The study underscores the need for clearer legal norms delineating criminal responsibility between administrative personnel, superiors, and corporate entities. It recommends strengthening internal controls and implementing continuous compliance training to prevent the unjust criminalization of technical staff lacking substantive decision-making authority.
Analysis of the Security System at Class II A Kupang Correctional Institution in Preventing Inmate Escape Cases Putri Aliman, Shalsabilah; Amalo, Heryanto; Sonbait, Sigit Prabowo
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.v12i2.10763

Abstract

This study examines the implementation and effectiveness of the security system at Class IIA Kupang Correctional Institution in preventing inmate escape cases. Using an empirical juridical approach with a qualitative descriptive method, the research analyzes the application of security regulations in practice and identifies factors influencing their effectiveness. The findings reveal that the security system has been implemented through three primary mechanisms: static security, dynamic security, and procedural security. These measures have been carried out in accordance with Law Number 22 of 2022 concerning Corrections and Regulation of the Minister of Law and Human Rights Number 33 of 2015 concerning Security in Correctional Institutions and Detention Centers. Physical security arrangements, dynamic supervision by officers, and the implementation of standard operating procedures (SOPs) have formally functioned as required by applicable regulations. However, despite the availability of a structured regulatory framework and established security mechanisms, the effectiveness of the system in practice remains constrained. The study indicates that operational challenges limit the optimal prevention of inmate escapes. The effectiveness of the security system is significantly influenced by several interconnected factors, including limited human resources, inadequate security facilities and infrastructure, and the high density of inmates. These factors collectively affect the overall security environment and hinder the full realization of preventive objectives. In conclusion, although the security system at Class IIA Kupang Correctional Institution is normatively well-designed, its practical implementation has not yet achieved optimal effectiveness in preventing inmate escapes.
Legal Review Of The Role Of The Police In Combating Online Gambling Crime Based On Criminology Theory (Case Study In The Jurisdiction Of The Bengkulu City Police) Syaipullah, Ramadhan; Royani, Ferawati; Timur, Widya
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.v12i2.10797

Abstract

Online gambling is a crime that continues to grow with advances in information technology. Although prohibited by Articles 303 and 303 bis of the Criminal Code and the Electronic Information and Transactions (ITE) Law, this practice remains widespread due to its anonymous, cross-border, and digital nature. This phenomenon also occurs within the jurisdiction of the Bengkulu City Police, marked by an increase in the number of online gambling cases handled. This study aims to analyze the role of the Bengkulu City Police in combating online gambling and assess the effectiveness of its legal regulations based on criminological theory. The method used is empirical juridical legal research through literature review and interviews. The results show that the Bengkulu City Police have implemented preventive, preemptive, and repressive efforts through outreach, cyber patrols, law enforcement, and collaboration with relevant agencies. However, implementation still faces obstacles such as limited resources, the technological sophistication of perpetrators, and low digital literacy among the public. Based on the theories of social control and differential association, online gambling is influenced by weak social oversight and the digital environment. This study concludes that the role of the police has been running, but not optimally, so that it is necessary to strengthen regulations, increase the capacity of officers, and synergy between related parties.
Digital Agreements On The Legal Validity Of Electronic Signatures In Online Lending From The Perspective Of Indonesian Legislation Ningsih, Septi Fitria; Hurairah, Hurairah; Timur, Widya
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.v12i2.10799

Abstract

The rapid development of information technology has led to the increasing use of digital agreements in various sectors, including online lending services (fintech lending). In practice, digital agreements commonly use electronic signatures as a form of consent between the parties. However, there are still debates regarding the legal validity and evidentiary strength of electronic signatures under Indonesian positive law, particularly in relation to the provisions of the Indonesian Civil Code and the Law on Information and Electronic Transactions (ITE Law). This study aims to analyze the validity of electronic signatures in digital online lending agreements and to examine the legal certainty of their evidentiary value based on Indonesian legislation. This research employs normative legal research methods with statutory and conceptual approaches through literature review of primary, secondary, and tertiary legal materials. The results show that electronic signatures are legally valid as long as they comply with the requirements stipulated in the ITE Law and its implementing regulations and do not contradict the legal requirements of contracts under Article 1320 of the Indonesian Civil Code. Furthermore, electronic signatures possess lawful evidentiary value in civil procedural law as electronic evidence. However, their effectiveness largely depends on the legality of electronic system providers, the use of certified electronic signatures, and the quality of security systems applied. Therefore, stronger harmonization between the Civil Code and the ITE Law is necessary to ensure legal certainty in digital agreements, particularly in online lending services, in order to achieve optimal legal protection for the parties involved.
Legal Protection For Banking Customers Due To Skimming Based On Statutory Regulations Elandiah, Evita Tri; Hurairah, Hurairah; Timur, Widya
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.v12i2.10800

Abstract

Legal protection for banking customers due to skimming based on statutory regulations”. This thesis examines how legal protection for banking customers due to skimming is based on statutory regulations as evidenced by consumer protection theory, civil agreement theory. The type of research used by the author in examining the problems in this study is normative research. Normative research is a process to find legal rules, legal principles, and legal doctrines to answer the legal issues faced. From the results of the study, if a customer makes a transaction at an ATM, the bank will also check the CCTV on the ATM machine. From the CCTV footage that can be seen, it can be seen whether the customer has made the transaction or not. Then, after checking and proving that the incident was indeed a skimming crime, the bank must replace the amount of customer money that has been lost by following the procedures provided by the bank itself. However, if during the investigation it is found that the customer lost money due to the customer's own negligence, the bank cannot replace the losses experienced by the customer. Examples of customer negligence are not closing the ATM machine with their hands when entering the ATM PIN, then the ATM card is left in the ATM machine, the customer makes online purchases, fraud and so on. There are 2 Forms of Protection Law. Preventive legal protection and repressive legal protection. Preventive legal protection provides legal subjects with the opportunity to raise objections or express opinions before a government decision becomes final. Repressive legal protection aims to resolve disputes. Customers have the right to receive compensation for funds or accounts lost or stolen from the bank holding the deposit rights.
Legal Protection For Victims Of Mypertamina Barcode Ownership Abuse In The Distribution Of Subsidized Fuel Royani, Ferawati; Aprianto, Sandi; Majesti, Velly
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.v12i2.10803

Abstract

This study aims to analyze the legal regulations and forms of criminal liability for perpetrators of misuse of the MyPertamina Barcode in the distribution of subsidized fuel oil (BBM). Since October 2024, the government through PT Pertamina Patra Niaga has implemented a policy of using the MyPertamina barcode as a requirement for purchasing subsidized fuel. However, this policy has created new problems in the form of increased misuse of barcode ownership by irresponsible parties. The research method used is normative juridical with a statutory approach and a case approach. The results of the study indicate that legal regulations regarding the misuse of the MyPertamina barcode are regulated in several laws and regulations, namely Article 378 of the Criminal Code concerning fraud, Article 55 of Law Number 22 of 2001 in conjunction with Article 40 paragraph (9) of Law Number 6 of 2023 concerning the misuse of subsidized fuel, and Articles 65-67 of Law Number 27 of 2022 concerning Personal Data Protection. Criminal liability includes imprisonment and fines, with a maximum penalty of six years and a fine of IDR 60 billion for violations of the Oil and Gas Law, as well as additional penalties in the form of confiscation of evidence. This study recommends strengthening the security system of the MyPertamina application, improving coordination between Pertamina and law enforcement, and improving regulations to impose strict sanctions on perpetrators of abuse.
Implementation Of Fisheries Commodity Shipments From Ambon By The Company Hakim, Agusnal Fitralius; Handayati, Nur; Prawesthi, Wahyu; Subekti, Subekti; Amiq, Bachrul
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.v12i2.10804

Abstract

The fisheries sector plays a strategic role in Indonesia's economic development as an archipelagic country with abundant marine resources. In addition to being a source of food, this sector is also a leading export commodity that contributes to the country's foreign exchange. Law No. 31 of 2004 stipulates that every fishing business must have a permit, and every shipment of fishery products must be accompanied by valid documents such as SKAI and quarantine certificates. However, practices in the field still show violations of these provisions, such as the shipment of fish without complete documents and not through official ports of call. Cases in Ambon show that shipments are often made in a hurry to meet export schedules, resulting in the neglect of legal aspects. This condition is exacerbated by weak supervision, limited supervisory human resources, and abuse of authority. As a result, the country stands to lose in terms of revenue and export reputation. From a criminal law perspective, such violations are punishable under Article 93 of Law No. 31 of 2004, with a maximum penalty of 6 years imprisonment and a fine of Rp 2 billion. Although administrative and criminal sanctions are available, their implementation still faces challenges in terms of enforcement and legal certainty.
A Criminological Review of Children as Perpetrators of Robbery from the Perspective of Law No. 12 of 2012 Concerning the Juvenile Criminal Justice System Rasta, Soni; Royani, Ferawati; Timur, Widya
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.v12i2.10811

Abstract

This study examines the criminological factors that encourage children's involvement in muggings and the application of the Juvenile Criminal Justice System (JCS) to muggings, based on Law Number 11 of 2012. The research method used is normative juridical, with a statutory and conceptual approach. The results indicate three dominant, interrelated factors: first, the influence of social interactions and peer groups, as explained in Edwin H. Sutherland's Differential Association Theory; second, family dysfunction, which weakens children's social bonds, as explained in Travis Hirschi's Social Control Theory; and third, school dropout and unemployment, which encourage illegal behavior, as explained in Robert K. Merton's Anomie Theory. The normative application of the Juvenile Criminal Justice System (JCS) has provided a comprehensive legal framework with a restorative justice approach, aligned with Social Control Theory, to strengthen children's social bonds through rehabilitation and reintegration. However, its implementation still faces normative, infrastructural, and paradigmatic obstacles that require multi-level reform to close the gap between das sollen and das sein.

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