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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 55 Documents
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Search results for , issue "Vol 12 No 1 (2026): April" : 55 Documents clear
Law Enforcement On The Safeguarding Of Evidence That Has Become Legally Binding (In Kracht Van Gewijsde) In Corruption Crimes (A Study At The Attourney’s Office Of South Tapanuli District) Sinaga, Stiven Jhasen; Ramadani, Suci; Ismaidar, Ismaidar
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.v12i2.10972

Abstract

Corruption is a form of crime that has a direct impact on the welfare of society. Corruption is an unlawful act carried out to enrich oneself, another person, or a corporation, which is detrimental to state finances or the country's economy. Corruption is also a crime that is included in the category of special crimes because it has different specifications from general crimes both in procedural law and material (substance), especially in the handling of evidence of special crimes whose origins must be examined so that the handling of the crime does not harm parties who are not involved. Corruption is also regulated in various regulations such as Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, Law Number 15 of 2002 concerning the Crime of Money Laundering, Law Number 30 of 2002 concerning the Corruption Eradication Commission, the latest Criminal Code (Law Number 1 of 2023), and so on. The law has regulated a number of provisions aimed at strengthening and perfecting the eradication of corruption in Indonesia as well as anticipating and eradicating various increasingly sophisticated corruption modes, as well as increasing the effectiveness of law enforcement related to corruption crimes. The method used is an empirical juridical approach with direct field research studies at the South Tapanuli District Attorney's Office. Mechanisms and Procedures for Securing Evidence in Corruption Crimes according to the provisions of the Criminal Procedure Code and the Corruption Crime Law. The provisions of evidence according to the Criminal Procedure Code are regulated in articles 39-46 of the Criminal Procedure Code starting from Confiscation, Storage of Confiscated Objects, Management of Confiscated Objects / evidence after having permanent legal force. Meanwhile, Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Corruption Crimes regulates more specifically the management of evidence, especially related to assets resulting from corruption by means of Asset Confiscation (Article 18 of the Corruption Law). Confiscation of Assets suspected of originating from criminal acts of corruption, Blocking and Custody, to Execution of Decisions. The Role of the Prosecutor's Office in Securing Evidence that has been In Kracht in corruption cases. The Prosecutor's Office through the Asset Recovery and Evidence Management division has a role in managing evidence as regulated in the Regulation of the Attorney General of the Republic of Indonesia Number: PER-027/A/JA/10/2014 Concerning Guidelines for Asset Recovery. In practice, the management of evidence carried out by the Prosecutor's Office through the Asset Recovery and Evidence Management Division consists of 5, namely: Direct Sales, Indirect Sales, Determination of Use Status, Grants, and Destruction. Implementation of Evidence Securing in the Practice of Corruption Law Enforcement at the South Tapanuli District Prosecutor's Office. Evidence Securing in criminal acts of corruption at the South Tapanuli District Prosecutor's Office often takes the form of documents, financial transactions, and letters.
Legal Protection for Companies Experiencing Boycott Practices from the Perspective of Economic Law Enforcement Bodamer, Siska Fitria; Sendy, Beby; Fitrianto, Bambang
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.v12i2.10979

Abstract

This study aims to analyze legal protection for companies experiencing boycott practices from the perspective of Indonesian economic law enforcement, particularly through Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. The research employs a normative juridical method with a literature-based approach, utilizing statutory regulations, books, official documents, publications, and prior research findings as supporting materials. The results indicate that the mechanisms of the Business Competition Supervisory Commission (KPPU) are effective in protecting affected parties through investigations and binding decisions. However, challenges remain, including legal uncertainty arising from MUI Fatwa No. 83 of 2023 and the spillover effects of losses along supply chains, which necessitate normative synchronization. The conclusion emphasizes the need to balance consumer rights and economic efficiency, and recommends the establishment of boycott verification guidelines and the strengthening of enforcement mechanisms to ensure business certainty.
Asset Recovery Mechanism for Victims of Illegal Investment Fraud : “A Comparative Study of Indonesia and Malaysian Law (Analysis of the Binomo Case Decision) Simatupang, Efika Weny Meida; Diati, Ranisa; Wahyudi, Slamet Tri; Supardi, Supardi
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.v12i2.10996

Abstract

Illegal investment fraud through binary option platforms such as Binomo has caused massive financial losses to thousands of victims in Indonesia. This study aims to analyze the asset recovery mechanism for victims of illegal investment fraud within the Indonesian legal system based on an analysis of the Binomo case verdict, and to compare it with the asset recovery mechanism under Malaysian law. This research employs a normative legal research method with statutory, case-based, and comparative approaches. The findings indicate that Indonesian law has provided asset recovery mechanisms through restitution, joinder of compensation claims in criminal proceedings, and asset forfeiture under the Anti-Money Laundering Law; however, their implementation remains inconsistent, as reflected in the Binomo case rulings. In contrast, Malaysia through AMLATFPUAA 2001 offers a more comprehensive framework, including civil forfeiture without requiring full criminal conviction. This study recommends the adoption of a non-conviction based forfeiture mechanism and the establishment of a dedicated asset management institution in Indonesia as a strategic step toward legal reform.
Criminal Liability Of Perpetrators Of Murder In The Perspective Of Law No. 1 Of 2023 On The Criminal Code (KUHP) Simanullang, Pio Andina Serepina; Syahranuddin, Syahranuddin; Zarzani, T. 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.v12i2.11010

Abstract

The enactment of Law No. 1 of 2023 brings fundamental changes to the Indonesian criminal law landscape, particularly regarding criminal liability for homicide. This study aims to analyze the construction of criminal liability for homicide perpetrators based on Articles 458-462 of the National Criminal Code, and the implications of the new paradigm of sentencing objectives in Articles 51-54. The research method employed is normative juridical with a legislative approach. The study results show that the National Criminal Code emphasizes a balance between legal certainty and restorative justice, where sentencing is no longer merely retributive, but rather an effort toward rehabilitation and conflict resolution.
Ability Correctional Institutions In Preventing Recidivism (Study At Class IIA Langkat Narcotics Prison) Nst, Nur M. Fadli; Bintang, Hasdiana Juwita; Fikri, Rahul Ardian
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.v12i2.11012

Abstract

The strong correlation between crime and social interaction is implicitly reflected in the Criminal Code (KUH Pidana), which states that crime is essentially rooted in social interaction. And when that interaction causes harm to another party, a crime occurs. This is the premise that describes how the correlation between crime and social interaction is established. When a harmful act is regulated by criminal law, it is no longer categorized as merely a crime but becomes a criminal offense. This definition defines the act as behavior that, at a given time and within a given cultural context, is considered intolerable and must be corrected through the use of legal means. The author's background in formulating the problem in this research is:How is the capability of Correctional Institutions in Preventing Recidivism in Class IIA Langkat Narcotics Prison in an effort to prevent the phenomenon of repeated criminal acts? This research is a normative-empirical research with a live-case study category based on empirical observations of the implementation of provisions of correctional laws and regulations in Class II A Langkat Narcotics Prison to evaluate the effectiveness of the guidance of inmates in it related to efforts to prevent repeated criminal acts (recidive). He acknowledged that repeat offenders in the Class IIA Langkat Narcotics Prison experience annual recidivism. Therefore, he believes recidivism in his area is a common occurrence, as crime, which is a part of society, also accompanies crime. Where there is society, there is law; where there is law, there is crime; and where there is crime, there is recidivism. Therefore, the goal of rehabilitation is not to eliminate recidivism but to minimize it. To prevent character-based recidivism, the Class II A Langkat Narcotics Prison collaborates with Islamic, Christian, Hindu, and Buddhist religious leaders to provide regular spiritual guidance. This ensures that mental and spiritual development activities can benefit inmates.
Pelaksanaan Penyidikan Penyidik Pegawai Negeri Sipil Dinas Tenaga Kerja Dan Transmigrasi Prov.Sulsel Terhadap Pelanggaran Ketenagakerjaan Palamma, Udin; Hamzah, Hartono; Rasyid, Wahyu; Hidayat, Asrul
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.v12i2.11023

Abstract

This study aims to study and analyze (1) How is the implementation of investigation by investigating civil servant employment for violation of labor laws, (2) whether the constraints experienced by the civil servant investigator in the field of employment against labor violations. The method used is descriptive and includes views of objective empirical research. Research sites in manpower and transmigration sulsel.htm province, police Sulselbar, Reported (Entrepreneur), Rapporteur (Workers). Data used include primary data and secondary data. Techniques of data collection through interviews, questionnaires and distribute both the research literature books, legislation, papers, results of previous studies, documents, and so on. Analysis of the data using qualitative analysis.Based on this study, the investigation result that implementation of labor law violations committed by employment investigators conducted under the provisions of the Criminal Procedure Code which governed most of the violators of labor laws that are subject to sanctions of administrative actions. Perpetrators of violations of labor laws are examined and sentenced by the court, the amount is very little. Constraints are related to the budget allocation is still inadequate, human resources are not sufficient, in terms of both quality and quantity, investigators are still attached to the work areas / activities. have good coordination between police and prosecutors. And the need for centralized with the central government investigators. The solution should be given priority in the budget to support the provision of law enforcement duties by labor investigators. In order to improve the quality, ability and integrity of the investigators, investigators need all called to follow the development of quality education and comprehensive standards. To increase the motivation of labor investigators, need to be given as well as the functional benefits to them. Coordination that is horizontal with the prosecutor agencies should be improved, in order to avoid return of the case file until a few times. Investigators should be centralized so that employment is not easy to be intervened by the leader/ head area.
Legal Analysis Of Law Enforcement Against Children As Perpetrators Of Sexual Abuse From A Restorative Justice Perspective Lase, Nia Agustri; Siregar, Fitria Ramadhani; Sahlepi, Muhammad Arif
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.v12i2.11027

Abstract

Law enforcement against children as perpetrators of sexual abuse often faces a dilemma between the principles of child protection and restorative justice. This study aims to analyze the legal application of restorative justice in cases involving children who commit sexual abuse in Indonesia, focusing on Law No. 11 of 2012 concerning the juvenile criminal justice system and Law No. 35 of 2014 concerning child protection. The approach used is normative legal analysis of legislation, court decisions, interviews, and literature studies. The results show that restorative justice can be an effective alternative to reduce stigmatization and support the rehabilitation of child perpetrators, but its implementation is still hampered by a lack of coordination between institutions, such as the police, prosecutors, and child protection agencies, as well as minimal victim participation in the mediation process. The restorative justice perspective offers a holistic approach that prioritizes the restoration of social relationships, the prevention of recidivism, and children's rights, but requires regulatory strengthening to ensure balance with the rights of victims.
Implementation Of Law Enforcement In Cases Of Child Neglect In The Household According To Child Protection Law (Decision Study Number: 30/Pdt.G/2020/Pn.Amb) Hasibuan, Loppo Halomoan; Bintang, Hasdiana Juwita; Sendy, Beby
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.v12i2.11065

Abstract

Child neglect within the household constitutes one of the forms of violation of children’s rights that still frequently occurs in Indonesia. Although legal instruments are already in place, the enforcement of the law in cases of child neglect has not yet been implemented optimally. The issues examined in this study include: the general provisions concerning child neglect within the household under the Child Protection Law; the obstacles in enforcing cases of child neglect; and the efforts to optimize law enforcement in child neglect cases based on Decision Number 30/Pdt.G/2020/PN.Amb. The research method employed is normative legal research with a descriptive-analytical nature. The data consist of primary, secondary, and tertiary legal materials obtained through library research. The analysis was conducted qualitatively by examining statutory regulations, legal doctrines, legal theories, as well as relevant court decision case studies. The results of the study indicate that, normatively, child neglect has been categorized as a violation under Article 76B in conjunction with Article 77B of the Child Protection Law. However, in judicial practice, child neglect is more frequently positioned as grounds for divorce in civil cases without imposing criminal liability on negligent parents. The analysis of the Ambon District Court Decision Number 30/Pdt.G/2020/PN.Amb demonstrates a tendency for judges to focus solely on the aspect of divorce, while the issue of child neglect is not addressed at allThe conclusion of this study emphasizes that the implementation of law enforcement against child neglect within the household remains weak and lacks integration between civil and criminal aspects. Therefore, it is necessary to optimize law enforcement through preventive measures, strengthening the role of state institutions, increasing public legal awareness, and applying the principle of the best interest of the child. It is recommended that courts become more responsive to issues of child neglect, that the government strengthen regulations and inter-agency coordination, and that society take a more active role in preventing and reporting cases of child neglect.
Women's Agency In Divorce From Stigma To Access To Justice (Study Of Decision Number 1771/Pdt.G/2025/Pa.Mdn) Aulia, Fatma; Nurhayati, Siti; Bintang, Hasdiana Juwita
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.v12i2.11077

Abstract

Women's agency in divorce cases demonstrates a shift in women's position from passive parties to active legal subjects in fighting for their rights through the courts. Divorce is not only understood as the end of a marriage, but also as a form of women's legal awareness in facing injustices that exist amidst a social structure that still influences patriarchy. This study focuses on the reform of women's institutions in the divorce process as well as the obstacles and supporting factors that influence it. The method used is normative-empirical law, with a normative approach to legislation and an empirical approach through interviews with judges, clerks, and plaintiffs at the Medan Religious Court. The results of the discussion indicate that, in terms of legal regulations, Law Number 1 of 1974 has provided a strong legal basis for women to face challenges such as limited legal information, social stigma, family pressure, and administrative restrictions. On the other hand, assistance, support from the Understanding Institute, the availability of legal facilities, and the gender-sensitive attitudes of judges play an important role in strengthening women's institutions to achieve real justice.
Resolution Of Labor Legal Problems Between Companies And Employees Through Mediation With Trade Unions Throughhout Indonnesia (Case Study At PT. Sawit Panen Terus) Amanda, Ega Dwi; Nurhayati, Siti; Radityo, Mochammad Erwin
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.v12i2.11079

Abstract

Industrial relation between companies and employees are a fundamental factor in the world of employment that must be built on a sense of balance, fairness, and mutual respect. However, in practice, disputes between the two parties are not uncommon. The settlement of industrial relations disputes through mediation is a process in which the parties resolve their issues with the assistance of a neutral mediator. Mediation in the settlement of industrial relations disputes is an effective method because it provides the parties involved with greater access to the outcome compared to arbitration or court proceedings. This study aims to discuss the Procedure for Settling Industrial Relations Disputes and the Effectiveness of Mediation-Based Settlement of Industrial Relations Disputes by the All-Indonesia Workers Union as a mediator, using a case study at PT Sawit Panen Terus. The research method used is empirical juridical, namely a case study approach. The results of this study indicate that mediation is effective, as industrial problems are resolved peacefully. The agreements reached must be carefully implemented by both parties involved.

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