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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
Criminal Liability Of Perpetrators Of Assault Resulting In Serious Injury Sihaloho, Pimpin Satria; Siregar, Fitria Ramadhani; Nasution, Abdul Razak
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.v12i2.11221

Abstract

In the Indonesian Criminal Code (KUHP), assault is classified as a criminal act directed against a person’s body, causing pain, injury, or impairment of health. Article 351 paragraph (2) KUHP regulates assault resulting in serious injury, punishable by imprisonment for up to five years. Any person who suffers pain, injury, or physical loss as a result of such conduct is regarded as a victim and is entitled to legal protection. Legal protection for victims of assault resulting in serious injury is essential to ensure the fulfilment of their rights, to provide a sense of security, and to guarantee adequate support, including proper legal assistance. This study is a normative juridical legal research which aims to examine the criminal law provisions and forms of legal protection for victims of assault resulting in serious injury, by focusing on statutory regulations, legal principles, and relevant legal doctrines. The method of analysis used is deductive reasoning, with data collected through library research on legislation, legal literature, and court decisions. The results of the study show that the Public Prosecutor charged the defendant primarily under Article 351 paragraph (2) KUHP, and the panel of judges in its decision accepted the primary charge, imposed a term of imprisonment on the defendant, and ordered the defendant to compensate the victim’s medical expenses. This decision reflects that law enforcement is directed not only at punishing the offender, but also at accommodating the protection and recovery of victims of assault resulting in serious injury.
Legal Analysis Of The Role Of The Police In Murder (A Study At The Medan City Police Office) Sidauruk, Nathanael Marvelino Saragih; Siregar, Mhd. Azhali; Hakim, Aulia Rahman
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.v12i2.11226

Abstract

The crime of mugging or theft with violence is a form of street crime that causes unrest in society because it not only causes material losses but also threatens the safety of the victims. In the jurisdiction of the Medan Police, mugging shows an increasing trend and often involves juvenile perpetrators. This condition demands an active role of the police in carrying out comprehensive countermeasures. This study aims to analyze the legal regulations related to the crime of mugging, the role of the police in overcoming the crime of mugging, as well as the obstacles and efforts faced by the Medan Police in handling it. The research method used is empirical juridical legal research with a qualitative descriptive approach. Data were obtained through direct interviews with Medan Police officers and a literature study of relevant laws and legal literature. The results of the study indicate that the crime of mugging is legally regulated in Article 365 of the Criminal Code and Articles 476, 477, and 479 of Law Number 1 of 2023 concerning the Criminal Code. The police's role in combating the crime of mugging is carried out through preventive, repressive, and preemptive efforts, such as patrols in vulnerable areas, law enforcement against perpetrators, and legal counseling to the community. For child perpetrators, the Medan Police apply Law Number 11 of 2012 concerning the Juvenile Criminal Justice System by prioritizing the principle of restorative justice. The main obstacles faced are socioeconomic factors, low public legal awareness, and the less than optimal role of related agencies in prevention efforts. Based on the results of this study, it can be concluded that combating the crime of mugging cannot be solely the responsibility of the police, but requires synergy between law enforcement officers, local governments, and the community to create sustainable security and order.
Criminal Accountability For The Fulfillment Of Restitution For Children As Victims Of The Crime For Human Trafficking Study Decision Number: 79/Pid.Sus/2020/Pn.Olm Br Gultom, Nabila Putri Aprilia; Syahranuddin, Syahranuddin
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.v12i2.11235

Abstract

Trafficking in persons involving child victims is a serious crime that requires legal protection not only through the punishment of offenders but also through the restoration of victims’ rights through restitution. This study analyzes the legal regulation of criminal liability for the fulfillment of restitution for child victims of trafficking, as well as the role of judges, through a case study of Decision Number 79/Pid.Sus/2020/PN.Olm and Appellate Decision Number 100/PID/2020/PT KPG. This research employs a normative juridical method with statutory and case approaches. The findings show that restitution has been normatively regulated under Law Number 21 of 2007 but has not been optimally implemented in judicial practice. Judges have not maximized their authority, and appellate judges have failed to perform a corrective function, indicating the need to strengthen the judicial role through child-protection-oriented and restorative justice–based approaches.
Criminal Law Protection for Workers Dismissed by Companies Due to Forgery of Employment Termination Letters Under Law Number 11 of 2020 concerning Job Creation Chairangga, Muhammad; Fikri, Rahul Ardian; Ramadani, Suci
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.v12i2.11242

Abstract

The protection of labor rights is a state obligation; however, the practice of unilateral termination of employment (PHK) by companies often violates legal norms, including criminal law. This study aims to examine the regulations and forms of criminal legal protection for workers experiencing termination under Law No. 11 of 2020 concerning Job Creation using a normative juridical method. The results indicate that although the Job Creation Law does not explicitly detail criminal sanctions specific to termination, the criminal legal basis remains applicable by referring to Articles 153 and 185 of the Manpower Law and Article 28 of the Labor Union Law to address discriminatory terminations or violations of normative rights. Furthermore, administrative manipulation and document forgery during the termination process can be prosecuted under the Penal Code (KUHP) or other special laws. The primary obstacle to law enforcement lies in weak supervision and the prevalence of administrative settlements. The study recommends strengthening labor inspection and fostering synergy among law enforcement agencies to ensure effective and fair labor protection.
The Role of the Medical Committee in Efforts to Resolve Medical Disputes in Hospitals Mushari, Minar; Sidi, Redyanto; Risdawati, Irsyam
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.v12i2.11244

Abstract

Medical disputes continue to grow in complexity as public expectations for high-quality healthcare and legal awareness increase. Within this context, the Medical Committee holds a crucial role as an internal hospital mechanism responsible for providing professional and objective assessments of medical actions before disputes escalate to external forums. This study aims to examine the normative position, authority, and effectiveness of the Medical Committee in the resolution of medical disputes within the framework of existing legislation. The research employs a normative juridical method by analyzing the provisions of the Health Law No. 17 of 2023, Hospital Law No. 44 of 2009, Medical Practice Law No. 29 of 2004, and Minister of Health Regulation No. 755/MENKES/PER/IV/2011. The findings indicate that the Medical Committee possesses strong legal legitimacy to conduct medical audits, maintain professional standards, and provide technical recommendations in dispute resolution. However, its effectiveness varies due to inconsistent implementation, overlapping authority with other internal bodies, and the absence of uniform operational guidelines. This study highlights the need for strengthened regulation and standardized procedures to enhance the role of the Medical Committee as an effective early-stage dispute filter and a provider of legal certainty within hospital-based medical dispute mechanisms..
Analysis of Criminal Responsibility of Indirect Perpetrators in Corruption Crimes: A Literature Review of the Supreme Court Decision Number 2383 K/Pid.Sus/2023 Nasution, Mhd. Ilham; Sahlepi, Muhammad Arif; 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.v12i2.11246

Abstract

This study aims to analyze in-depth the criminal liability of indirect perpetrators in corruption crimes through a literature review of Supreme Court Decision Number 2383 K/Pid.Sus/2023. The phenomenon of corruption as an extraordinary crime often involves intellectual actors who are not directly involved in the physical losses of state finances, but control the crime through policies, official authority, or structured acts of omission. This study uses a normative juridical approach by examining laws and regulations related to criminal law doctrines regarding participation, as well as the judges' considerations in the decisions reviewed. The results of the analysis indicate that indirect perpetrators can be held criminally responsible if their role through policies, directives, or acts of omission clearly contributes to the occurrence of corruption crimes. The Supreme Court in this decision expanded the application of the doctrine of participation, which allows orderers and intermediaries to be subject to criminal sanctions even though they do not directly carry out physical actions. The element of fault (mens rea) for indirect perpetrators is proven through knowledge and intent regarding potential deviations arising from their instructions or authority. Causally, the established policy has been proven to be a determining factor in enabling the occurrence of the crime. This decision has significant implications for the effectiveness of the justice system in addressing structured corruption and provides a deterrent effect for structural authority holders. However, this broadening of interpretation also presents challenges to legal certainty and the risk of disparity in decisions due to the lack of standard guidelines in assessing the degree of involvement of indirect perpetrators. This study emphasizes the importance of developing clear and consistent legal guidelines and improving the capacity of judges to understand the doctrine of inclusion to maintain the principle of proportionality of punishment and legal certainty in Indonesia.
Legal Analysis on Accountability for the Management of Evidence for Narcotics Crimes Sipakkar, Erwin Juliandi; Siregar, Abdul Rahman Maulana; Syahranuddin, Syahranuddin
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.v12i2.11255

Abstract

The management of evidence in narcotics criminal cases is the most important stage in the criminal justice system because it is directly related to evidence and legal certainty. Inaccuracies in the administration, storage, and destruction of evidence have the potential to cause abuse of authority, loss of evidence, and even weaken the law enforcement process. This study aims to analyze the legal aspects of accountability for the management of evidence of narcotics crimes in the South Nias District Attorney's Office, identify the management mechanisms applied, and assess the obstacles that affect the effectiveness of its implementation. The research method used is empirical legal research with a legislative approach. Data was obtained through a literature study of regulations related to evidence management and interviews. The results of the study show that the management of evidence has been carried out according to administrative procedures, starting from receipt, recording, storage, to destruction, but obstacles are still found in the form of limited storage facilities, lack of human resources, and not optimal supervision. Legal accountability in the management of evidence is based on the principles of office accountability, administrative responsibility, and potential criminal liability in the event of irregularities. Therefore, it is necessary to strengthen the supervision system, digitize administration, and increase the capacity of the apparatus to ensure transparency and integrity in the management of evidence. This research is expected to make a conceptual and practical contribution in improving the professional and fair governance of narcotics evidence.
Comparative Analysis of the Fulfillment of Outsourcing Workers’ Rights and Permanent Workers' Rights from the Perspective of Law No. 6 of 2023 on Job Creation (Study at Indomaret Fresh Medan) Hutabarat, Laura Yolanda; Fitrianto, Bambang F; Kartika, Nana
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.v12i2.11256

Abstract

The dynamics of employment in the modern retail sector often pit operational efficiency against the protection of workers' normative rights, creating structural vulnerabilities for outsourcing labor. This study conducts a realistic comparative examination of rights fulfillment between outsourcing workers and permanent workers at Indomaret Fresh Medan, focusing on the gaps between state regulations and corporate implementation. The legal framework includes Law No. 13 of 2003 on Manpower, Law No. 11 of 2020 on Job Creation (later revised and re- enacted as Law No. 6 of 2023 on Job Creation), and Government Regulation No. 35 of 2021. The research employs an empirical juridical method with a descriptive qualitative approach. Primary data were obtained through participatory observation and in-depth interviews with respondents at the Indomaret Fresh Rajawali Simpang Gatot Subroto unit. The findings reveal significant disparities in treatment, with rights fulfillment for permanent workers being more adequate compared to outsourcing workers, who remain far below legal compliance standards. Key findings indicate systematic violations of Articles 93 and 85 of the Manpower Law, where neither category receives fixed allowances (meal and transportation benefits), alongside prevalent unpaid overtime practices averaging 4 to 5 hours per day. Additionally, the uncertainty of employment relations due to fixed-term contracts for outsourcing workers contributes to high turnover rates and work demotivation. The study concludes that corporate efficiency policies have overlooked distributive justice principles, necessitating interventions through periodic audit-based labor supervision and internal corporate policy reforms to ensure equitable legal certainty
The Effectiveness Of The Medan City Police Department's Women And Children Protection Unit Services In Handling Cases Of Violence Against Children And Women Lp / B / 2861 / Viii / 2025 / KDRT Nazla, Dzul Hairani; Rahmayanti, Rahmayanti; 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.v12i2.11276

Abstract

Violence against children and women is a serious problem that requires effective legal action and services oriented toward victim protection. The role of law enforcement officials, particularly the Women and Children Protection Unit (PPA), is crucial in ensuring that case handling processes comply with legal provisions while providing a sense of security for victims. This study aims to analyze the legal procedures implemented, identify service barriers, and assess the effectiveness of the Medan Police's PPA Unit in comprehensively handling cases of violence against children and women.This study used a qualitative method with an empirical legal approach and a legislative approach. Data were obtained through observation, interviews, and a literature review of legal regulations and documents related to case handling. Data analysis was conducted descriptively to systematically describe service practices and the implementation of legal procedures in the field.The results show that case handling procedures have been implemented systematically, starting from receiving reports, examining victims and witnesses, medical examinations, victim assistance, and transferring cases to the prosecutor's office. Service barriers include internal factors related to the preparation of evidence, as well as external factors influenced by the victim's psychological condition and family relationships with the perpetrator. The Medan Police PPA Unit's services are considered quite effective through improving the quality of case handling.
Cyber Criminal Law Analysis on Electronic Medical Record Protection (Study at Mitra Medika Premier Hospital Medan) Rahayu, Esti Budi; 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.v12i2.11284

Abstract

In today's digital era, the development of information technology has revolutionized various aspects of human life, including in the field of health. The use of electronic medical records in hospitals has become a common standard, allowing for more efficient storage of patient data and faster access for medical personnel. However, along with these advances, there have also been legal challenges, especially related to the protection of patients' personal data. The problems discussed are how the implications of cyber criminal law on the protection of electronic medical records in hospitals, what are the obstacles and obstacles in protecting electronic medical records at Mitra Medika Premier Medan Hospital and how cyber crime prevention efforts in protecting electronic medical records at Mitra Medika Premier Medan Hospital. The research used is empirical juridical using data collection methods through field research and library research. Literature Studies is obtained through reading, studying and studying books, laws and regulations, journals or data in the form of library materials while field studies are carried out by interview method. Some forms of violations that may occur in the management of electronic medical records at Mitra Medika Premier Medan Hospital are Unauthorized Access: When the login of an absent health worker is entrusted to another health worker to replace data entry and Data Collection: Patient data is used by unauthorized parties, for example photos of laboratory results. The efforts made by Mitra Medika Premier Medan Hospital in protecting health data include: Strengthening Technology Infrastructure: Implementing firewalls, antivirus, and data encryption, Routine Audits: Ensuring that the system runs according to security standards, Increasing Staff Awareness: Regular training related to data protection and Update/development of information technology systems, especially related to data security.

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