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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 265 Documents
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The Convergence Between Textual Law And Progressive Law In Addressing Contemporary Legal Challenges Efendie Efendie; Agus Sugiarto; Marsudi Dedi Putra
JURNAL HUKUM SEHASEN Vol 10 No 2 (2024): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i2.6780

Abstract

This article explores the intersection between textual law and progressive law in the context of resolving contemporary legal challenges. Normative law is the choice for this research, with a case and conceptual approach. Collecting legal materials using literature studies and analyzing them using qualitative descriptive. This research produces: Textual law offers legal certainty through strict interpretation of statutory texts, while progressive law emphasizes substantive justice and adaptation to social change. This analysis identifies how these two approaches can complement each other to create a legal system that is fairer and more responsive, and considers community participation in the legal process. Case studies and theoretical contributions support the argument that combining textual legal principles with progressive legal flexibility can increase the effectiveness of law enforcement in dealing with the complexity and dynamics of law in an era of rapid technological development.
Electronic Notarial Deed Register Book (Repertorium) In The Digital Era Latifah Latifah; Suprapto Suprapto
JURNAL HUKUM SEHASEN Vol 10 No 2 (2024): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i2.6838

Abstract

This study aims to explain and analyze the legal regulations concerning the electronic storage of Act Register Books (Repertorium) under Indonesian law. The research employs normative legal research methods, using a statute approach to examine legal rules related to the electronic storage of documents and a conceptual approach to understand the Cyber Notary concept when specific regulations are not yet available. The sources of legal materials include laws, regulations, books, journals, and dictionaries, with data collection conducted through inventory and literature review, and qualitative analysis. The findings indicate that the legal framework for the electronic storage of documents within the Cyber Notary concept in Indonesia remains unclear. While Law No. 11 of 2008 on Electronic Information and Transactions provides general regulations for electronic documents, there is no specific provision for notarial protocols. Notaries must ensure the validity and security of electronic documents through certification services, secure repositories, and sharing services. This research contributes to a deeper understanding of the legal framework for electronic document storage and offers practical insights into the legal and technical implications within the Cyber Notary context.
Liability Of Business Actors For Breaches In Electronic Banking Systems Reihana Pemuli; Abdul Halim Barkatullah
JURNAL HUKUM SEHASEN Vol 10 No 2 (2024): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i2.6839

Abstract

The main objective of this study is to analyze the legal consequences arising from data and funds breaches in electronic banking systems. This research uses a normative legal research method to examine the responsibilities of business actors in cases of electronic banking system breaches. The approaches used include legislative and conceptual approaches. The legal materials consist of primary legislation such as the 1945 Constitution, the Civil Code, and various laws related to banking, consumer protection, and personal data protection, supplemented by secondary and tertiary materials such as books, articles, and dictionaries. The legal materials are gathered through documentary studies to collect, analyze, and summarize information from relevant documents. Qualitative analysis is employed to provide a description and draw conclusions based on the available legal materials. The research findings indicate that the legal consequences of breaches of data and funds in electronic banking systems entail legal responsibility for the business actors. If the breach is due to the bank's error or negligence, the bank is required to compensate the customer for the amount lost. However, if the loss is due to the customer's own negligence, the bank is not liable for compensation. For legal protection, preventive measures include insuring customer funds through the Deposit Insurance Corporation, as stipulated in banking regulations. Additionally, repressive protection involves civil legal claims based on unlawful acts, with dispute resolution available through both non-litigation and litigation routes according to the Consumer Protection Law and the Electronic Information and Transactions Law.
The Principle of Trust in Online Buying and Selling Transactions in the Perspective of the Civil Code and Law No.19 of 2016 concerning Information and Electronic Transactions Yunika Giawa; Irma Fatmawati
JURNAL HUKUM SEHASEN Vol 10 No 2 (2024): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i2.6865

Abstract

The principle of trust in online buying and selling transactions is an important foundation in the relationship between sellers and buyers, both from the perspective of the Civil Code and Law No. 19 of 2016 concerning Information and Electronic Transactions. This research is a qualitative normative research on law. This study aims to analyze the role of the principle of trust in creating safe and efficient transactions online. By emphasizing the good faith and obligations of the parties, the study found that trust not only guarantees the fulfillment of rights and obligations, but also increases the effectiveness of transactions. In addition, this study also found that despite having rules, Indonesia is still not fully optimal in regulating online transactions. Basically, clear regulations in the e-law provide a strong legal foundation to support the buying and selling process, thus creating a conducive environment for the growth of e-commerce in Indonesia
Constitutional Theory and Practice: Connecting Legal Philosophy with Legal Reality Agung Pratama Putra; Sugianto Sugianto; Mohamad Rana
JURNAL HUKUM SEHASEN Vol 10 No 2 (2024): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i2.6876

Abstract

This article explores the relationship between legal theory and constitutional practice, focusing on how the principles of legal philosophy are applied in a constitutional context. The constitution not only serves as the supreme legal framework within a country, but it also reflects its underlying values and philosophies. This article examines how various legal theories, including legal positivism, natural law, and critical legal studies, affect the interpretation and application of the constitution. Through this analysis, this article aims to bridge the understanding between legal theory and the reality of constitutional legal practice.
The Urgency of Protecting the Privacy Rights of Kidfluencers on Social Media in Indonesia in Relation to the 1989 Convention on the Rights of the Child Asyilla Shafa Aline Faza; Sinta Dewi Rosadi; Betty Rubiati
JURNAL HUKUM SEHASEN Vol 10 No 2 (2024): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i2.6884

Abstract

The research aims to analyze the protection of kidfluencers' privacy rights on social media in Indonesia from the perspective of the Convention on the Rights of the Child of 1989 and to analyze the urgency of legal protection for kidfluencers' privacy rights on social media in Indonesia. The approach method used is normative juridical, emphasizing the study of primary, secondary, and tertiary legal materials, as well as a legal comparison between Indonesian law and French law. This study will analyze data obtained from library research using a qualitative juridical analysis method. The results show that the existing laws in Indonesia do not provide adequate protection for kidfluencers' privacy rights on social media. This legal gap has resulted in various cases of privacy rights violations of kidfluencers on social media, indicating the urgency for legal regulations that can provide better protection for kidfluencers' privacy rights.
The Role And Authority Of The World Trade Organization (WTO) Towards International Dispute Settlement Seen From The Case Of Indonesia's Nickel Ore Exports With The European Union (EU) Jessica Valencia
JURNAL HUKUM SEHASEN Vol 10 No 2 (2024): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i2.6913

Abstract

This research aims to analyze the role and authority of the World Trade Organization (WTO) towards international dispute resolution seen from the case of Indonesia's nickel ore exports with the European Union (EU). This type of research is descriptive analytical. This research was conducted with normative juridical methods sourced from primary legal materials and secondary legal materials which include relevant sources of international law, such as international conventions / treaties, international customs, general legal principles, court decisions, as well as teachings / doctrines of legal experts websites, books and other sources. The data analysis technique in this study collects the data and then analyzes it so that it gives rise to a conclusion. The result of this research is that the World Trade Organization (WTO) as the only international organization (OI) engaged in international trade has an important role for resolving disputes regarding trade because it concerns the world economy. Although basically the WTO is an organization that guarantees smoothness and aims to create good and peaceful international trade, the existence of supporting organs such as the Dispute Settlement Body and the Appellate Body is a concrete manifestation of the WTO's authority in resolving international disputes based on doctrines such as attributed, implied, and inherent power. In the case of Nickel Ore Exports, Indonesia and the European Union can resolve existing disputes through various means offered by the WTO which can be utilized as well as possible, especially to improve relations between the two in terms of trade by using the settlement facilities provided by the organization. However, in finding a way out of the settlement, it should not ignore the function of the WTO which is based on the main principles. One of them is the fact that Indonesia is a developing country which, according to the basic principles of the WTO, is entitled to certain special treatment.
Development of Legal Aspects in the Beauty and Care Products Industry Carmelita Carmelita
JURNAL HUKUM SEHASEN Vol 10 No 2 (2024): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i2.6942

Abstract

The beauty and care products industry has experienced rapid growth in recent years, both at national and international levels. This growth brought attention to legal issues related to safety, quality, and ethics in the production, distribution, and marketing of beauty and care products. So it is not surprising that there are many cases of the beauty industry and care products that violate the law and cause a stir in Indonesia. Even though consumers are getting smarter and demanding clear and accurate information about the beauty products they use, because the beauty industry business is very lucrative from a profit standpoint, there are still many individuals who have bad intentions and justify any means to gain as much profit as possible. magnitude. The journal aims to identify and analyze legal aspects related to this industry as well as provide views on legal developments necessary to protect consumers and ensure product safety. This journal aims to identify and analyze legal aspects related to this industry and provide views on developments. This journal uses normative juridical research methods by collecting and analyzing data from various legal sources, including laws, regulations, government policies, and court decisions related to the beauty industry and care products in Indonesia.
Legal Protection Of Victims Of Mental Retardation Rape As A State Of Helplessness Citra Arga Fajar Diva; Efrila Efrila; Ahmad Jaeni
JURNAL HUKUM SEHASEN Vol 10 No 2 (2024): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i2.6972

Abstract

Rape is a form of sexual violence that not only violates human rights, but also causes deep physical and psychological trauma to the victim. In this context, victims with mental retardation are in a very vulnerable position and are often unable to defend themselves or give legitimate consent. This condition makes them a group that needs special protection under the law. This study aims to analyze the legal protection of rape victims who experience mental retardation as a state of helplessness based on the applicable laws in Indonesia. Rape is a form of sexual violence that violates human rights and results in deep physical and psychological trauma for the victim. Victims with mental retardation have a higher vulnerability and require special protection. The approach used in this study is normative juridical, by analyzing related laws and regulations, including the Criminal Code (KUHP), Law Number 23 of 2004 concerning the Elimination of Domestic Violence, and Law Number 8 of 2016 concerning Persons with Disabilities. The results of the study show that although there are regulations that provide legal protection for rape victims, the implementation and enforcement of the law still face various obstacles. Factors such as social stigma, a lack of understanding of mental retardation, and limited resources in the justice system often hinder effective protection for victims. This study recommends increased socialization and training for law enforcement officials, as well as the provision of better support services for victims with mental retardation.
Juridical Analysis Of The Delegation Of Authority Of Doctors To Nurses In Health Services At Health Centers Maya Santika; Rokhmat Rokhmat; Efrila Efrila; Sutrisno Sutrisno
JURNAL HUKUM SEHASEN Vol 10 No 2 (2024): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i2.6973

Abstract

This study aims to analyze the juridical aspect of the delegation of authority from doctors to nurses in health services in health centers. Delegation of authority is an important process in the implementation of health services, especially in health centers, which often face limited human resources. This study uses a normative approach by analyzing applicable laws and regulations, including the Medical Practice Law, the Nursing Law, and other related regulations. The results of the study show that the delegation of authority from doctors to nurses must be based on clear and specific legal provisions to ensure the legality and safety of patients. Complete and accurate documentation of the patient's medical record is essential to maintain transparency and accountability in the delegation of authority process. In addition, the delegation of authority must be carried out by considering the competence and qualifications of nurses, and accompanied by adequate supervision from the doctor who provides the authority. This study concludes that although delegation of authority is a common and necessary practice in health services in Puskesmas, its implementation must be strictly regulated and supervised to ensure that the health services provided remain in accordance with professional standards and applicable laws.

Page 18 of 27 | Total Record : 265

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