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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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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 265 Documents
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Corporate Liability and Law Enforcement For Drivers For Malfunction Errors In The Autopilot Feature In Electric Vehicles Gabriel Revi Saputra; Pan Lindawaty Suherman Sewu
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.4978

Abstract

Perkembangan teknologi, kendaraan listrik yang dilengkapi dengan autopilot telah muncul sebagai salah satu kemajuan terbaru di sektor transportasi. Karena sistem telah mengambil alih kemudi dengan menggunakan teknologi ini, pengemudi tidak perlu lagi mengoperasikan mobil sama sekali. Persyaratan yang diuraikan dalam UU LLAJ harus ditegakkan ketika menggunakan jenis kendaraan atau transportasi apa pun. Semakin banyak produk mobil listrik yang masuk ke Indonesia ditambah dengan tidak adanya legalitas kendaraan tersebut. Tujuan dari penelitian ini adalah untuk mengetahui pertanggungjawaban korporasi sebagai pelaku usaha wajib bertanggung jawab atas keberadaan sistem tersebut dan penegakan hukum bagi pengemudi. Metode yuridis normatif digunakan untuk penelitian ini, dan berfokus pada standar hukum yang baik yang ditemukan dalam UU No. 8 tahun 1999 untuk perlindungan konsumen dan UU No. 22 tahun 2009 untuk lalu lintas dan angkutan jalan. Hasil penelitian ini ialah bahwa pertanggungjawaban korporasi terhadap pengemudi adalah memberikan ganti rugi yang setara atas kerugian yang diderita oleh konsumen akibat kecelakaan yang disebabkan gagalnya sistem auto pilot dalam kendaraan listrik dan untuk pengemudi mobil listrik sendiri mendapat perlindungan hukum sesuai dengan apa yang telah dituangkan dalam UU No. 8 Tahun 1999 tentang Perlindungan Konsumen dan konsumen berhak mendapatkan kompensasi atas kerugian yang konsumen derita.
Analysis Of The Settlement Of Criminal Offenders Who Possess Drugs Without A License Through Restorative Justice Based On Police Regulation Number 8 Of 2021 Concerning Handling Criminal Acts Based On Restorative Justice Muhammad Hatta Roma Tampubolon; Andi Bustamin Dg. Kunu; Hanifah dhiyanul Haq
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.4991

Abstract

The Regulation of the National Police of the Republic of Indonesia or often called the National Police Regulation or Perpol on Handling Crimes based on Restorative Justice is a step taken by the National Police in realizing the resolution of criminal acts by prioritizing Restorative Justice which emphasizes restoring back to its original state and balancing the protection and interests of victims and perpetrators of criminal acts that are not oriented towards punishment is a legal necessity in society. The problems in this study are What are the factors that cause the perpetrator to own drugs without a license? How is the process of resolving criminal acts that own drugs without a license through Restorative Justice against criminal offenders who own drugs without a license (Case Study of Police Regulation Number 8 of 2021 concerning Handling Crimes Based on Restorative Justice)? The research methods used are normative juridical approaches and empirical approaches, the data used are secondary data and primary data with qualitative analysis in order to obtain a correct and objective research result.The results of the study are the factors that cause the perpetrator to commit a criminal act of possessing drugs without a license (Case Study of Police Regulation Number 8 of 2021 concerning Handling Crimes Based on Restorative Justice), namely the intention of the perpetrator, Factors of low education, and factors of low morale and religious knowledge, the process of resolving crimes that possess drugs without a license through restorative justice against criminal offenders who possess drugs without a license (Case Study of Police Regulation Number 8 of 2021 concerning Handling Crimes Based on Restorative Justice), namely criminal offenders who possess drugs without a license are carried out as long as they can be categorized as addicts, abusers, victims of abuse, narcotics dependence, & one-day narcotics use as regulated in the Joint Regulation of the Chief Justice of the Supreme Court, Minister of Law and Human Rights, Minister of Health, Minister of Social Affairs, Attorney General, Chief of Police, Head of the National Narcotics Agency Number 01/PB/MA/111/2014, Number 03 of 2014, Number 11 of 2014, Number 03 of 2014, Number Per005/A/JA/03/2014, Number 1 of 2014, Number Perber/01/111/2014/BNN on Handling Narcotics Addicts and Victims of Narcotics Abuse into Rehabilitation Institutions. Restorative Justice can also be applied if it meets the conditions, namely when caught red-handed by Police investigators and / or investigators of the National Narcotics Agency (BNN), evidence of one-day use is found and also has assessment results from the Integrated Assessment Team at each submission of case files, The author's suggestion is that the police, prosecutors, and judiciary should be more careful in providing recommendations for medical rehabilitation to drug abusers.
Actualization Of Human Rights In The Case Of Rempang Island In Indonesia In The Perspective Of Environmental Law Aisha Nur Habiba; Annisa Ayu Melati; Nur Hamda Sa'idah; Wike Vimayanti
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.5002

Abstract

This study aims to further review human actualization in the case of Rempang Island in Indonesia in the perspective of environmental law. This study investigates the case of Rempang Island in Indonesia, a conflict containing human rights violations reviewed through environmental law. In the perspective of environmental law, a healthy environment is everyone's right without exception, so environmental damage is against the law. Violations in the environmental domain must be safeguarded based on appropriate legal settlement procedures. In the case of Rempang Island, the actualization of human rights in the perspective of environmental law can be interpreted as the protection of people's rights to their land and environment, as well as transparent and effective law enforcement to prevent environmental damage and human rights violations.
Analysis of Legal Protection of Sexual Violence Against Domestic Workers Gabriella Sandra S.; Noenik Soekorini
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.5017

Abstract

The existence of Women Workers or Domestic Workers is familiar in Indonesia both in urban and rural areas. The government's lack of attention to domestic workers, the majority of whom are women, has made many of them victims of violent crimes. This study aims to determine the legal protection of domestic workers who get sexual violence and find out the criminal sanctions obtained by perpetrators of sexual violence. This type of research is qualitative research using a normative approach, which includes a statutory approach (statute approach) and a conceptual approach (conceptual approach). The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary materials. The legal material that has been collected is then reviewed systematically and classified to produce a conclusion. The results showed that explicitly domestic workers who are victims of domestic violence receive protection from several laws and regulations but do not specifically regulate the form of protection, both related to employment relations, discrimination, violence, wages, and so on. Unlike Law No. 23 of 2004 on the Elimination of Domestic Violence and the Criminal Code, both preventive and repressive means protection for domestic workers as part of their family. Criminal sanctions in Law Number 23 of 2004 concerning the Elimination of Domestic Violence are formulated alternatively, namely imprisonment or fines. This means that perpetrators of domestic sexual violence can be subject to imprisonment or fines.
Juridical Analysis of the National Inquiry of the Nation Human Rights Commision in Guaranteeing the Constitutional Existence of the Rights of Customary Law Communities to Customary Forest Areas M. Yusup Febrian
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.5036

Abstract

The National Inquiry on the Juridical Analysis of the National Commission on Human Rights (Komnas HAM) aims to ensure the constitutional existence of the rights of customary law communities over customary forest areas. The inquiry focuses on the rights of customary law communities over their territories in forest areas. The first book of the inquiry report, entitled "National Inquiry Report of the National Commission on Human Rights on the Rights of Customary Law Communities in Forest Areas," contains the national inquiry as well as the findings and recommendations. The report highlights that customary law communities have a recognized and protected position under Indonesian national law. However, they often experience arbitrary takeover of customary forests, takeover of customary forests without notification of the purpose and implications of their use, and discriminatory behavior by police, military, and government officials towards customary law communities. Therefore, legal protection for customary law communities over customary forests is necessary to ensure their constitutional rights.
Impact of Foreign Investment on Indonesia: Analysis of Socio-Legal Problems Ivanovenska Ardya Aqilla Yudhistira
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.5038

Abstract

Foreign Direct Investment (FDI) has become a pivotal element in Indonesia's development over the past few decades. The presence of foreign capital in Indonesia has made a significant contribution to economic growth, yet it has also been accompanied by a range of issues and challenges that need to be addressed. This article aims to conduct an in-depth analysis of the impact of FDI on Indonesia's economic growth and elaborate on the issues that arise within the context of socio-legal. This study combines qualitative and quantitative approaches to analyze the impact of FDI across various socio-legal context, mainly economics, sociological, and legal aspects. The research findings indicate that FDI has played a pivotal role in accelerating Indonesia's economic growth, generating employment opportunities, and transferring technology. However, these positive impacts are counterbalanced by issues such as income inequality, shifts in social dynamics, and legal and regulatory concerns. The article also outlines several prospects that can guide future policy development. These include enhancing cooperation between the government and foreign investors, improving workers' rights protection, and increasing transparency and efficiency in FDI licensing. Environmental sustainability and social inclusion also constitute critical focal points in addressing the challenges at hand. Hence, this journal provides a comprehensive insight into the impact of FDI on Indonesia's economic growth while highlighting the issues that demand further attention. This study serves as a roadmap for policy makers, stakeholders, and researchers to formulate a more effective strategies in maximizing the benefits of FDI while addressing the challenges that arise.
Settlement of Bad Credit with Guarantee of Unregistered Land Rights (Case Study Number 52/Pdt.G/2021/PN Mjk) Frida Maulida Rahardjo; Sri Astutik
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.5039

Abstract

This study aims to find out how to settle bad loans with collateral for land rights that are not registered (study of decision number 52/Pdt.G/2021/PN.Mjk), as well as explain the legal consequences of bad credit agreements with guaranteed land rights that are not registered ( Study of Decision Number 52/Pdt.G/2021/PN Mjk) and how to solve it. The approach method used by the author in this study is normative, according to the results of research on the relationship between borrowing and repayment of debt, the possibility of unexpected events by the debtor cannot be ignored. When a borrower faces difficulties in paying off credit, financial institutions, such as banks, take steps to deal with it with the aim of giving the borrower an opportunity to fulfill his obligations. These actions may involve restructuring payment schedules, adjusting terms, and rearranging. Humans fulfill their life needs by interacting with other humans. Interactions that are often carried out are by making agreements. Many types of agreements are made, including: sale - purchase agreements, lease agreements, accounts payable agreements. In the current era, the Indonesian economy is progressing and the needs of each individual are increasing. Therefore, many individuals, if they cannot make ends meet using their own money, will carry out debts. Good for individuals, savings and loan cooperatives, loans to banks, and others.
The Role of Witnesses in Prosecuting Cases of Fatal Assault: Legal and Sociological Perspectives Reni Berlian Silalahi; Ira Yenita Malau; Rani Sabeta Nainggolan; Mhd Ilham Hidayat Rastami; Parlaungan Gabriel Siahaan; Dewi Pika Lumban Batu
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.5053

Abstract

The act of physical assault is one of the persistent phenomena that is difficult to eradicate in society. Various acts of violence, such as physical abuse and battery, often result in injuries to the victim's body or body parts, and sometimes even lead to lifelong physical disabilities or, in severe cases, death. In criminal cases, witnesses hold a crucial position in determining prosecution, as they are considered lawful instruments. This study examines the role of witnesses in the prosecution of cases of fatal assault. The research method employed in this study is normative legal research, also known as doctrinal legal research or library-based legal research. This type of research is conducted by examining secondary data, including primary legal materials, secondary legal materials, and tertiary legal materials. Based on the research findings, it can be concluded that witnesses play a significant and pivotal role in uncovering the truth and facilitating prosecution. From both legal and sociological perspectives, the role of witnesses includes providing evidence, giving testimony, and supporting the public prosecutor. As such, it can be concluded that witnesses have an important role in prosecution, as stipulated in Article 184 paragraph (1) of the Criminal Code.
Facing Challenges of Discrimination Against Local Religious Beliefs in Indonesia Ilham Dhiya Ul Haq Ramadhan; Asyif Faozi
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.5055

Abstract

Discrimination against local religious followers in Indonesia remains a recurring issue. Local religions are regarded as beliefs and have not yet been legally recognized as religions. However, adherents of local religions should have the same rights as followers of official religions, without any discrimination. This demonstrates that the government has not fully succeeded in safeguarding the rights of local religious followers and providing them with the expected legal protection as stipulated in the legislation. This research aims to analyze various forms of discrimination and protection, referring to both national and international legal frameworks. The qualitative method, specifically literature review, is employed in this study, gathering data from diverse written sources such as laws, Constitutional Court decisions, international conventions, Article 1945 of the Constitution, as well as relevant cases concerning discrimination against local religions. The research analyzes and connects this information to discuss issues related to local religions in Indonesia. Several challenges are encountered, including the implementation of Constitutional Court decisions regarding legal recognition of belief systems, which have not fully met the needs of local religious followers. The religion column in identity cards (KTP) does not appropriately accommodate local religious adherents, as the implementation regulations still differentiate between religion and belief. Furthermore, a specific case in this research pertains to an incident that occurred in 2021, involving three children who are adherents of the Jehovah's Witness faith. This case exemplifies the discrimination faced by Jehovah's Witness followers and represents the challenges of recognizing local religious beliefs in Indonesia. This research suggests the need for encouragement from various sectors, including the government and society, to foster tolerance and acceptance of differences in Indonesia, thereby realizing Article 28E paragraph 2 of the Constitution as a fundamental guarantee of legal protection against discrimination towards minority religious groups.
Implementation of Law and Actualization of Human Rights for Persons with Disabilities from Sexual Violence in Indonesia Muhshonah, Muhshonah; Amrillah, Mohamad Yusfi; Maskur, Ali
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.5079

Abstract

Currently, sexual violence against women with disabilities often occurs. The lack of legal protection for women with disabilities means that they always experience discrimination from various parties. In the eyes of society, people with disabilities are looked down upon as people who need to be pitied, and in Indonesia itself, they live in a vulnerable environment due to restrictions, obstacles, and difficulties, and their rights are not properly fulfilled. The law itself regulates the protection rights of persons with disabilities, namely Law No. 18 of 2016.Often, people with disabilities become victims of violent acts, which makes it difficult for the perpetrators to be prosecuted by the police or prosecutors. The government itself has not fully provided special facilities to people with disabilities who are in conflict with the law. The government should make clear and firm regulations for people with disabilities who are victims of sexual harassment in order to guarantee protection for people with disabilities with clear laws

Page 11 of 27 | Total Record : 265

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