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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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Assessing Labor Wage Systems in Companies from an Islamic Legal Perspective Nasruddin Yusuf; Fahrurrazi Ibrahim; Fathum Ibrahim
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.v10i2.6980

Abstract

This study aims to examine the wage system at CV Bregas, located in Desa Maen Likupang Timur, and assess its compliance with Islamic economic law principles. This field research, conducted at IAIN Manado, employs a qualitative approach grounded in juridical legal methods to study natural objects. Data was collected through interviews, observations, and documentation, and analyzed using an interactive model that includes data reduction, data presentation, and conclusion drawing. The findings reveal that CV Bregas, owned by Mr. Karmin, implements a wage system with variations in daily, weekly, and monthly wages. Monthly and daily wages exceed the UMP of North Sulawesi Province and the UMK of the relevant regency/city, while weekly wages fall below these standards. The wage mechanism is based on agreements between workers and company management. The wage system at CV Bregas is deemed compliant with Islamic economic law, as wage determination is based on mutual consent, payments are made after work completion, and disputes are resolved primarily through deliberation.
Implementation Of Article 45 Of Law Number 1 Of 1974 Concerning Marriage Related To The Fulfillment Of Children's Rights Post-Divorce Based On The Principle Of Legal Certainty Yudha Ginanjar
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.v10i2.7021

Abstract

The legal perspective regarding Law Number 1 of 1974 concerning Marriage (Marriage Law) has undergone changes through Law Number 16 of 2019, as in Article 45 of Law Number 1 of 1974 which regulates providing children's rights after divorce. The implementation of Article 45 of Law Number 1 of 1974 concerning Marriage regarding providing children's rights after divorce can vary in practice, depending on the context and policies implemented by the institution or institution that handles divorce cases. The legal basis for educating children's rights after divorce is based on the Marriage Law and the Compilation of Islamic Law (KHI) which involves the 1945 Constitution of the Republic of Indonesia and the Basic Principles of the Convention on the Rights of the Child which was approved in 1990. This research is based on scientific allegations that protection and the interests of children are given less attention in divorce settlements. In a marriage relationship, problems often arise which lead to divorce. Many things are triggering factors, and usually the victims are children. This research aims to analysed the application of the principle of legal certainty mandated in Article 45 of Law Number 1 of 1974 concerning Marriage. The research method used is a normative juridical research method by taking material from statutory regulations, literature and legal journals.
Ratification Of Marriage Agreement After The Enforcement Of The Constitutional Court Decision Number 69/PUU-XIII/2015 In Accordance With The Principle Of Authentication Laila Yunita; 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.v10i2.7075

Abstract

In social life, humans are always attached to each other, unable to live alone. They go through various legal events, such as birth, death, and marriage. Marriage, as a physical and inner bond between a man and a woman, aims to form a happy family based on the One Godhead. In this context, husband and wife have clear rights and obligations. Apart from being a legal act, marriage is also a religious act that refers to the teachings of their respective religions. Legally, marriage is defined as a life with a man and a woman who meet certain conditions. The Constitutional Court has given new authority to notaries to ratify marriage agreements, an aspect that is not regulated in the Notary Office Law (Law 2/2014). However, this agreement only binds the parties who drafted it, and to bind third parties, it is necessary to have a publication principle that allows the information to be known to the public. The concept of this publication is contrary to the principle of notary confidentiality regulated in Article 16 and Article 54 of Law 2/2014, which emphasizes the obligation of notaries to keep information confidential. Therefore, the application of the principle of authentication in marriage agreements is important to ensure legal validity. The agreement must be made in the form of an authentic deed to be valid, in accordance with the provisions of the applicable law. This article aims to explore these dynamics and their implications in legal practice in Indonesia.
Handling of Juvenile Brawl Crimes through Criminal Law Policy in Medan City Rahul Ardian Fikri; Mhd Azhali Siregar; Muhammad Juang Rambe; Nabilah Syaharani
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.v10i2.7130

Abstract

This study focuses on criminal law policies in dealing with criminal acts of assault or brawls (tawuran) caused by juvenile delinquency in Medan City. Student brawls have become a trend among teenagers, especially at the high school level and equivalent, which are triggered by various internal and external factors, including family influences, school environment, and social pressure. This study aims to determine the legal basis governing criminal acts of brawls, the factors causing brawl behavior among students, and efforts to overcome them made by law enforcement, the community, and schools. The approach used in this study is a qualitative descriptive method, which includes data collection through interviews and direct observation at the Medan Police Headquarters. The results of the study indicate that factors such as frustration, emotional disturbances, and environmental influences contribute to juvenile delinquency behavior that leads to brawls. This study emphasizes the importance of the Restorative Justice approach in resolving brawl cases and proposes the need for collaboration between educational institutions, law enforcement, and the community to prevent and handle these cases effectively.
Administrative Law Enforcement Concerning Disrespectful Dismissal of Civil Servants in the Perspective of the State Administrative Court Ahmad Haidar Muiny; Anna Erliyana
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.v10i2.7164

Abstract

The administrative law enforcement regarding the dishonorable discharge of Civil Servants (PNS) or State Civil Apparatus (ASN) is a process that involves a series of legal procedures and mechanisms that must be followed by government agencies. From the perspective of the Administrative Court (PTUN), the decision to discharge a Civil Servant or State Civil Apparatus can be reviewed to ensure that the procedures used comply with applicable regulations and that the decision was made fairly and without discrimination. The Administrative Court has the authority to annul the discharge decision if violations of administrative law or principles of justice are found. This study aims to analyze how the Administrative Court evaluates and adjudicates cases of dishonorable discharge of Civil Servants or State Civil Apparatus, as well as to identify the obstacles encountered in the process of enforcing administrative law.
The Existence Of Customary Law In Domestic Violence Mediation: Harmonization Between State Law And Customary Law Irma Fatmawati; Rahul Ardian Fikri; Mhd Azhali Siregar; Nabilah Syaharani
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.v10i2.7180

Abstract

This study aims to examine the role of customary law in mediating domestic violence (DV) cases and how harmonization between customary law and state law can be realized. In several indigenous communities in Indonesia, dispute resolution, including cases of domestic violence, still relies on customary mechanisms that are collective and based on deliberation. However, this often conflicts with state law which has strict rules regarding criminal acts of domestic violence. The research method used is a juridical-empirical approach with case studies in several indigenous communities in Central Aceh. The results of the study show that customary law has a strong existence in handling cases of domestic violence through mediation, where perpetrators and victims are invited to reconcile by involving customary elders. However, there are still challenges in harmonization between customary law and state law, especially in terms of implementing sanctions and protecting victims. This study concludes that harmonization between customary law and state law is needed to create comprehensive justice, where customary law can be recognized as an effective dispute resolution mechanism, but remains in line with the principles of state legal protection for victims of domestic violence. To achieve this, regulatory and policy efforts are needed that are able to integrate the two legal systems proportionally.
Criminological Analysis Of Physical Violence Committed By Teachers Towards Students Anina Putri; Nursariani Simatupang; Faisal Faisal
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.v10i2.7194

Abstract

Violence committed by teachers against students at school, both physical, psychological, and sexual violence, has a very bad impact on the psychological development of students. The researcher was used to find out the cause of physical violence committed by teachers on students. This research is normative juridical research which is descriptive in nature, using a statutory approach, the data in this research comes from secondary data. Data collection was carried out by means of library research, namely visiting the library directly or indirectly. The results of the study show that there are a number of efforts made by teachers to prevent their acts of violence against their students. One of these efforts is to maintain their professionalism as teachers, build good relationships, provide specialized training on how to teach students without using violence, enforce discipline for teachers and students who violate the rules, and provide additional sanction options in addition to direct sanctions.
Legal Analysis Of Criminal Offences Regarding Registere Trademarks Of Similarity In The Whole Rovi Satria Perdana Putra; Nursariani Simatupang; Mhd Teguh Syuhada Lubis
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.v10i2.7196

Abstract

Legal events of the crime of equality of registered trademarks as a whole often occur in Indonesia. This is marked by the number of complaints from registered trademark owners to the police and trademark dispute cases heard in court. Similar but not the same in the lawsuit/demand of the trademark owner against the perpetrator of the violation of the law against the trademark is carried out by the perpetrator with the imitation of the brand as a whole, so that it has an identical resemblance both in the logo on the image and in the form of writing and pronunciation. Where the perpetrator's act of piggybacking on the owner's registered brand is motivated by personal interests so that the counterfeit brand products he uses instantly can compete with well-known products and bring great profits to him. Even if they are aware and/or unknowingly, these acts can have legal consequences that have consequences for the imposition of legal sanctions from the criminal act of equality of registered trademarks as a whole. This study uses a normative juridical approach method, using qualitative analysis techniques which are then presented and analyzed using analytical descriptive methods. The type of approach used in writing this thesis is the library research approach, namely by studying books and documents related to the form of the crime of registered trademark equality as a whole, the causes of the crime of imitating registered trademarks, and the analysis of the decision Number 259/Pid.Sus/2019/PT SMG.This study also uses the statute approach method, namely by reviewing laws and regulations related to the topics discussed in this study, namely based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The results of the research and discussion in this study found that based on the decision Number 259/Pid.Sus/2019/PT SMG. In the process of his trial in court, the judge found evidence and facts that the perpetrator had indeed committed an act of violation of the law against the crime of equality of registered trademarks as a whole and was found guilty of imitating the "Ndang Ndut" brand as a whole by using the "Abang Gendut" brand on his salt products sold in the market. This act of bad faith clearly harms the brand owner in terms of revenue and damages the market strategy that he has implemented, especially deceiving consumers as if the marketed product has the same quality even though it is different.
The Binding Force Of A Deed Not Read By A Notary Irene Mariane
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.v10i2.7200

Abstract

This study aims to examine the validity of notarial deeds that are not read out in the presence of the parties and witnesses, as well as to analyze and determine the role of the Notary Supervisory Council in terms of enforcement under the laws of the Republic of Indonesia related to the behavior of notaries who do not read out notarial deeds that they have made. This research is a qualitative normative legal study, examining the legal norms pertaining to the validity of notarial deeds that are not read out by notaries in the presence of the parties and witnesses at the time of signing the deed minutes. The study's findings revealed that it is the responsibility of the notary to guarantee the veracity of the day, date, month, year, and hour indicated at the commencement of the notarial instrument. This serves to substantiate the fact that the parties have appeared and affixed their signatures on this document, and that all procedures have been conducted in accordance with the stipulations outlined in the UUJN. In the event that a notarial deed is not read aloud to the parties and witnesses due to the negligence of the notary, it is undoubtedly in contravention of the provisions set forth in the UUJN, which will undoubtedly have legal implications for both the deed and the notary in question. The failure of a Notary to read a deed aloud will inevitably result in a reduction in the evidentiary value attributed to the deed in question, resulting in it becoming akin to a deed written under one's own hand as per the stipulations outlined in Article 16, paragraph 9 of the UUJN.
Monitoring Improper Waste Disposal By The Departement Of Environment (Dlh) Of Bengkulu City Based On Regional Regulation Alfio Ayu Lestari; Sandi Aprianto; M. Arafat Hermana
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.v10i2.7215

Abstract

Monitoring Improper Waste Disposal by the Department of Environment (DLH) of Bengkulu City Based on Regional Regulation Number 2 of 2011 Regarding Waste Management in Bengkulu City Alfio Ayu Lestari Sandi Aprianto, S.H, M.H Ferawati Royani, S.H, M.H One of the environmental issues frequently faced by the community is the abundance of scattered waste in places where they should not be. Therefore, it is important to evaluate the supervision of waste disposal prohibitions and the effectiveness of the local regulations governing them. Based on this issue, the problems can be formulated as follows: How is the supervision carried out by the Department of Environment of Bengkulu City regarding improper waste disposal, and how is the Law Enforcement conducted by the Department of Environment towards those who dispose of waste improperly. The purpose of this study is to determine the supervision conducted by the Department of Environment of Bengkulu City in controlling waste against the prohibition of waste disposal in random places and to understand the legal enforcement processes carried out by the Department of Environment towards those who dispose of waste improperly. The theories used in this research are the supervision theory and the law enforcement theory. This research falls under the category of Empirical Research, which is a legal research method that uses empirical facts taken from human behavior, both verbal behaviors obtained from interviews and actual behavior observed directly. The results of the research conducted at the Department of Environment of Bengkulu City can be concluded that the supervision conducted by the Department of Environment at improper waste disposal sites, especially at Rawa Makmur street, Pasar Bengkulu street, and Lingkar Barat main road to golf field of Bengkulu City, are still not running optimally. This can be seen from the improper implementation of regulations and also from the lack of public understanding regarding waste management regulations, waste handling, and waste disposal prohibitions, leading to an increase in illegal improper waste disposal sites.

Page 19 of 27 | Total Record : 265

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