Jurnal Hukum Sehasen
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).
Articles
265 Documents
<![CDATA[Islamic Law Challenges To Carbon Market Development: A Case Study On Risk Management And Sharia Compliance ]]>
<![CDATA[Nisa Uljanah]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v10i1.5803
<![CDATA[Carbon markets have become a vital instrument in global efforts to address climate change. Nevertheless, the development of carbon markets is not without legal challenges, especially when considered from an Islamic Law perspective. This study proposes the application of an Islamic legal framework to identify and analyze the challenges that arise in the development of carbon markets. The main focus of this study is on risk management and sharia compliance in the context of carbon markets. Through in-depth case studies, this research explores potential conflicts between carbon market principles and sharia principles, especially related to transparency, speculation and profit distribution. Managing risks, such as those related to market volatility and uncertainty in the regulatory environment, is also an important aspect that requires a sharia-based approach. Additionally, this study explores efforts and strategies that can be adopted to ensure full compliance with sharia principles in the operationalization of carbon markets. This research uses a qualitative research method with an inductive approach that prioritizes data from previous studies.The results of this research provide in-depth insight into the complexity of the legal challenges faced in developing carbon markets from an Islamic Law perspective. Practical implications and policy recommendations are outlined to guide stakeholders in designing and managing carbon markets by considering sharia values and principles. Thus, this research makes a significant contribution to the Islamic legal literature and enriches our understanding of the integration of Islamic principles in the development of global carbon markets]]>
<![CDATA[The Effectiveness of Implementing Law Number 23 of 2004 Concerning the Elimination of Domestic Violence in The City of Palopo ]]>
<![CDATA[Kusmawati Kusmawati]]>;
<![CDATA[Hambali Hambali]]>;
<![CDATA[Aan Aswari]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v10i1.5804
<![CDATA[This research was conducted with the aim of: (1) knowing and analyzing the effectiveness of implementing Law Number 23 of 2004 on eliminating domestic violence in Palopo City; (2) knowing and analyzing the factors that influence the effectiveness of implementing Law Number 23 of 2004 concerning the elimination of domestic violence in Palopo City. This research uses primary data through data obtained through field research with parties related to this research, totaling 20 respondents. The results of this research indicate that the implementation of the Law on the Elimination of Domestic Violence in Palopo City is still less effective, this is assessed from the data obtained by the author, namely that acts of domestic violence are increasing every year. The factors that influence the effectiveness of the Law on the Elimination of Domestic Violence in Palopo City are community factors with a percentage of 36% of the 50 respondents, followed by law enforcement factors at 20%, legal factors at 18%, cultural factors at 16%, and facility and environmental factors. supporting facilities 5%.]]>
<![CDATA[Implementation Of Work Discipline Rules For Civil Servants In Accordance With Government Regulation NO. 53/2010 Has A Significant Impact On Motivation And Performance In The Jakarta Provincial Government Environment ]]>
<![CDATA[Hariyati Hariyati]]>;
<![CDATA[Cecep Suhardiman]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v10i1.5805
<![CDATA[Government Regulation No. 53/2010 has regulated the discipline of civil servants (PNS) and requires the establishment of the Regional Personnel Agency (BKD) by regional heads to ensure the smooth implementation of ASN duties in the regions. However, the implementation of this discipline is still not optimal due to violations such as irregular attendance and leaving the office during working hours. This study aims to investigate the influence of motivation, work discipline, and career development on the performance of civil servants in DKI Jakarta. The focus is on factors that affect civil servant performance as well as the effectiveness of enforcement of disciplinary sanctions in accordance with Government Regulation No. 53 of 2010. The results show that civil servants are individuals who are appointed by authorized officials to fulfill state duties, with factors such as work culture and supervision systems affecting their performance. To improve the performance of civil servants, the government implements discipline in accordance with the regulation, which includes setting sanctions for violations of ASN discipline.]]>
<![CDATA[Limitation Of The Crime Of Embezzlement Of Foundation Financial Management ]]>
<![CDATA[Dodi Togatorop]]>;
<![CDATA[Evi Retno Wulan]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v10i1.5806
<![CDATA[The alleged misappropriation of funds by the Aksi Cepat Tanggap (ACT) Foundation has attracted public attention in Indonesia and raised questions about the use of Foundation funds, especially funds derived from public donations. This research aims to analyze whether the use of Foundation funds for salaries and the use of funds that are not in accordance with the program can meet the elements of the crime of embezzlement. The method used in this research is normative legal research using secondary data, such as laws and regulations, literature, and previous research results. The results of the analysis show that the use of Foundation funds for salaries can fulfill the elements of embezzlement crime if it meets three certain criteria, namely the receipt of salaries by the Foundation management, the relationship between the management and the founder of the Foundation, and the non-implementation of the Foundation's management directly and fully. Not only that, the use of Foundation funds that are not in accordance with the program can also fulfill the elements of embezzlement if it meets three criteria, namely the use of funds for personal interests, interests that are not in line with the objectives of the Foundation, and interests that are contrary to the Articles of Association of the Foundation.]]>
<![CDATA[Comparative Analysis Of The Fulfillment Of Normative Rights For Workers At The Time Of Termination Of Employment ]]>
<![CDATA[Dwany Linca Iswanto]]>;
<![CDATA[Miftakhul Huda]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v10i1.5807
<![CDATA[This study aims to determine the ratio legis of Law No. 6 of 2023 and the suitability of changes in the fulfillment of normative rights in the event of unilateral termination of employment with the objectives of labor law. This research uses the normative legislative hierarchical research method as one of the research approaches used by the author by examining the legislative regulations that are related to the content of the researched hierarchy. The results of the study show that from several changes to Law No. 6 of 2023 concerning Job Creation in Fulfilling Workers' Normative Rights when Unilateral Termination occurs, it is still not in accordance with the Objectives of Labor Law, because there are still overlapping regulations regarding employment, especially unilateral termination of employment and the stipulation of the Law is considered too fast without going through the Omnibus Law so that it is not coherent with the Objectives of Labor Law and the changes are still based on other laws.]]>
<![CDATA[Responsibility of Criminals for Abuse of Visit Visa Exemptions in The Working Area of The TPI Makassar Class 1 Immigration Office ]]>
<![CDATA[Mustakim Tenreng]]>;
<![CDATA[Sufirma Rahman]]>;
<![CDATA[Baharuddin Badaru]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v10i1.5808
<![CDATA[This research was conducted with the aim of: (1) knowing and analyzing the forms of accountability and law enforcement regarding misuse of free visit visas that occur in the working area of the TPI Makassar Class 1 Immigration Office; (2) knowing and analyzing the factors that influence law enforcement regarding misuse of free visit visas in the working area of the TPI Makassar Class 1 Immigration Office. The research method in this research uses empirical research type. Data collection techniques were carried out through interviews and distributing questionnaires. Data were analyzed using descriptive analysis methods using the theory of legal effectiveness as the analytical tool for this research. The results of this research show that: (1) Forms of accountability and law enforcement for misuse of free visit visas that occur in the working area of the TPI Makassar Class 1 Immigration Office are carried out in two ways, namely administrative actions in the Immigration sector and Pro Justisia actions. At the TPI Makassar Class I Immigration Office, immigration cases more often occur, the handling of which is resolved by administrative action in the Immigration sector; (2) Factors that influence law enforcement regarding misuse of free visit visas in the working area of the TPI Makassar Class 1 Immigration Office, namely; legal factors, law enforcement factors, facilities and infrastructure factors, community factors, and legal culture]]>
<![CDATA[Providing Additional Sanctions For Cybercrimes Related To Indecent Crimes ]]>
<![CDATA[Wahyu Tri Hartanto]]>;
<![CDATA[Evi Retno Wulan]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v10i1.5809
<![CDATA[Providing additional sanctions for cyber crimes related to immoral crimes is an important step in dealing with threats that arise in the era of digitalization. This article explores the urgency, types of additional sanctions that may be imposed, judges' considerations in imposing additional sanctions, and the challenges in implementing them. Cyber crimes related to immorality, such as the distribution of pornographic content and grooming, have a serious impact on victims and society. Therefore, providing additional sanctions aims to provide appropriate punishment to the perpetrator and prevent the recurrence of similar criminal acts in the future. Judges need to consider various factors, including the severity of the act, the impact on the victim, and the principles of justice and human rights in determining appropriate additional sanctions. Although faced with a number of challenges, cooperation between various institutions and relevant stakeholders is expected to strengthen law enforcement against cybercrime and provide better protection for society from threats in cyberspace.]]>
<![CDATA[Oligarchy Of Power In The Management Of C-Mine Resources In Noemuti, North Central Timor Regency ]]>
<![CDATA[Alfridus S.D. Dari]]>;
<![CDATA[Frans B.R. Humau]]>;
<![CDATA[Syahrin B. Kamahi]]>;
<![CDATA[Maria M. Niis]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v10i1.5810
<![CDATA[This paper raises the dynamics of oligarchic power relations in the management of C-quarry mining resources in the form of stone in Noemuti District, North Central Timor Regency. This research uses the oligarchy theory of Jeffrey Winters as a basis for analysis in looking at mining problems that seem to be deadlocked when dealing with power authorities in resource management in the regions. The practice of oligarchy in Winters' theory uses 5 main approaches. But in this paper, it only limits to two approaches, namely the concentration of wealth and the concentration of power. Facing the dynamics of oligarchy that strengthens in local resource governance, on the other hand, presents resistance from civil society to take part in the legitimacy of power in the context of equitable distribution of resource management policies. The practice of community resistance is based on Sidney Tarrow's theory of collective challenge, common goals, solidarity and collective identity and maintaining the politics of resistance.]]>
<![CDATA[Implementation of Supervision of Regional Government Implementation Based on Government Regulation Number 12 of 2017 In Gowa District ]]>
<![CDATA[Yusri Yunus]]>;
<![CDATA[La Ode Husen]]>;
<![CDATA[M. Kamal Hijaz]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v10i1.5811
<![CDATA[The objectives of this research are: 1) To know and analyze the implementation of the effectiveness of the implementation of supervision of regional government administration based on Government Regulation Number 12 of 2017 in Gowa Regency, and 2) To know and analyze the factors that influence the implementation of the effectiveness of the implementation of supervision of regional government administration based on Government Regulation Number 12 of 2017 in Gowa Regency. The research method, in this case, combines normative legal elements, which are then supported by the addition of data or empirical elements. This normative-empirical research method also concerns the implementation of normative legal provisions (laws) in action in every particular legal event that occurs in a society. The research results show that the implementation of supervision of regional government administration based on Government Regulation Number 12 of 2017 in Gowa Regency in terms of the scope of supervision is internal supervision carried out internally functionally. This means that supervision is carried out by officials within the organization itself functionally, whose position is part of the institution being supervised. Factors that influence the implementation of supervision of regional government administration based on Government Regulation Number 12 of 2017 in Gowa Regency include legal substance, legal structure, legal culture, legal knowledge facilities and infrastructure, and legal awareness.]]>
<![CDATA[Characteristics Of Sales And Purchase Agreement Of Flats With Pre Project Selling System With Criminal Effect ]]>
<![CDATA[Liliana Sysylia Darmono]]>;
<![CDATA[Miftakhul Huda]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v10i1.5812
<![CDATA[This research explores the characteristics of apartment sale and purchase agreements with a pre-project selling system which have the potential to give rise to criminal consequences. The pre-project selling system is becoming a trend in the property industry, where property units are sold before the construction project begins. This research discusses how the characteristics of apartment sale and purchase agreements with this system can contribute to the potential for criminal acts to occur. The research method involves analysis of treaty documents, related legislation, and case studies related to criminal law. The research results highlight critical aspects of the agreement, such as unclear clauses, payment of large amounts before the project begins, and uncertainty over the project completion period. Possible criminal legal implications include fraud, embezzlement, or violations of consumer protection laws. Therefore, this research provides an in-depth understanding of the characteristics of apartment sale and purchase agreements with a pre-project selling system and highlights the need for increased regulation and legal protection to protect consumer interests and prevent potential criminal acts in such property transactions.]]>
