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[POLITIK HUKUM EKONOMI KERAKYATAN BERBASIS ORANG ASLI PAPUA DALAM KONSEP OTONOMI KHUSUS PAPUA ]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 1 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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<![CDATA[Populist economic development in the era of the Papua Special Autonomy aims to increase community participation in various activities especially in the field of economic development. Dnature of this context, if we want to talk 'prosperity and welfare of indigenous Papuans, we first formulate the proper democratic economy with social and cultural life of indigenous Papuan people. The presence Perdasus No. 18 No. 18 of 2008 on Kerakyataan Based Economy has given a clear formulation of improving the lives of the indigenous people of Papua especially in developing themselves in the micro and macro level. ]]>
<![CDATA[PENYELESAIAN SENGKETA TAPAL BATAS ANTARA KABUPATEN LEBONG DENGAN KABUPATEN BENGKULU UTARA BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2004 TENTANG PEMERINTAHAN ]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 1 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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<![CDATA[On the issue of the boundary disputes between Lebong District and North Bengkulu Regency, which is caused by the Law of Establishment of their respective regions and the extension of Lebong Regency region which resulted in the development of territory by Lebong Regency against some areas of North Bengkulu Regency. The objectives of the research are (1) to know the cause of conflict / disputes between Lebong District and North Bengkulu Regency, (2) to explain the alternative of settlement of border disputes between Lebong Regency and North Bengkulu Regency according to the laws and regulations. The type of research used in this study is normative, because the material discussed prioritizes review in terms of legislation related to the Settlement of Boundary Disputes between Lebong District and North Bengkulu Regency Based on Law Number 32 Year 2004 regarding Regional Government. The result of the research shows that 1) Alternative of settlement of boundary disputes between Lebong Regency and North Bengkulu Regency according to the laws and regulations, namely legal settlement and non-legal settlement.Keywords: dispute, prohibition, alternative]]>
<![CDATA[LALU LINTAS DAN ANGKUTAN JALAN TERHADAP KECELAKAAN LALU LINTAS DI JALAN RAYA ]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 1 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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<![CDATA[Human mobility and automobile goods are growing rapidly as a result of improved welfare and technological advances in transportation. This has resulted in increased frequency of traffic accidents with victims of drivers and road users. Users of two-wheeled vehicles are more at risk of accidents than other transportation, traffic on the road is part of the daily activities of the community. Some people do traffic activities to get to the place of activities such as offices, schools, markets, attractions and so forth. Damaged road conditions (holes) can lead to traffic accidents let alone not careful driving. Law Number 22 Year 2009 on Traffic and Road Transportation, The research method used in this research is by using normative legal research method. As a normative legal research. the implementation of Article 273 of Law No. 22 of 2009 on Road Traffic and Transportation on road accidents has not been effective. It is said that not yet effective Article 273 is a lot of accidents due to damaged roads or roads perforated but the traffic law has not been executed, when it is clearly regulated in Article 273 of Law No. 22 of 2009 on Traffic and Road Transport. Law no. 22 of 2009 is unable to reflect public discipline in traffic on the road, because it contains many unclear (unreasonable) concepts, does not have broad sociological support, does not fulfill the requirements of philosophical validity, even though it is juridically qualified.Keywords: implementation and Law Enforcement]]>
<![CDATA[Legalitas Perkawinan Beda Agama Menurut Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan Dan Undang-Undang Nomor 23 Tahun 2006 Tentang Administrasi Kependudukan ]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 1 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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<![CDATA[Undang-Undang No. 1 Tahun 1974 Article 1 mentions that marriage is a bond of inner birth between a man and a woman as husband and wife in order to form a happy and eternal family (household) based on God Almighty. The article 2 clause (1) explains that legal marriage is a marriage that is done according to the law of each religion and belief. Indonesia is still prohibiting the marriage of different religions, but today the marriage of different religions is increasingly widespread. Controversy occurred when the issuance of Undang-Undang No. 23 Tahun 2006 regarding Population Administration. Due to the existence of this Act is very possible to pairs of religious differences can be recorded marriage of origin through the establishment of the Court. This is stated in Article 35 (a) which states that the marriage registration shall also apply to the marriage set by the Court. In the explanation of this article "that the marriage set by the court is a marriage performed among people of different faiths. Based on the results of the study can be concluded that the provisions of Undang-Undang No. 1 Tahun 1974 About Marriage and Compilation of Islamic Law prohibits the marriage of different religions. While the rules applicable in Article 35 letters (a) of Undang-Undang No. 23 Tahun 2006 concerning Population Administration tend to allow marriage of religious differences, resulting in a synchronization between the Marriage Law and the Population Administration Act. So in the principle of legislation apply adagium lex specialis derogat lex generalis (legislation that is specific to rule out general laws and regulations). Marriage Law is a special rule that is about marriage then the position is on lex specialis. While the Population Administration Act is general, because it concerns a general nature, not only regulate the marriage registration but also the administration of other population. So it can be said that the Marriage Law overrides the Population Administration Act, which means that the marriage of different religions is prohibited by the prevailing laws and regulations in Indonesia. This research is a descriptive analysis that describes the systematic, factual, and accurate problems studied. While the approach used is the juridical normative approach is the approach used to determine the existing laws and regulations, and review through Islamic law and positive law.Keyword: legality, marriages.]]>
<![CDATA[Wajib Daftar Usaha Bagi Pelaku Usaha E-commerce Menurut Undang-undang Nomor 7 Tahun 2014 Tentang Perdagangan ]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 1 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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<![CDATA[Enterprises / bisnise-commerce has many moldy in Indonesia, we would have seen an offline business which is then marketed e-commerce to boost sales or to be famous. business e-commerce is certainly a business that is run through the internet media. Everyone who has an internet connection and also have products to sell in e-commerce can run a business e-commerce. The target market is not limited because it can sell products anywhere both local and International. Business e-commerce in Indonesia is not specifically regulated in the Act. No ordinance, transaction requirements, requirements for the establishment, the tax to be paid and other matters that regulate this activity. However, to minimize crime in the business of e-commerce, the government has made the Law on Information and Electronic Transactions (UU ITE) No. 11 of 2008. In addition to reducing the risk of e-commerce businesses that do not provide good consumer rights, the government formulates regulations rules in order to protect the transactions made by buyers and sellers in Act No. 7 of 2014 About the trade that every business needs to have a business license (original). Interest diharuskannya register the company, that the government can prepare and establish policy in order to provide guidance, supervision and oversight of the business world at a time can be used as security for the state revenue in creating healthy business science and orderly. The government will also be easy to occasionally follow carefully the circumstances and the actual development of the business and the company, in this thesis will discuss how setting trade license e-commerce pursuant to Law No. 7 Tahun2014 on Trade, and the way law enforcement mandatory list of business for the business e-commerce.]]>
<![CDATA[NIKAH SIRI DAN PROBLEMATIKANYA DALAM HUKUM ISLAM ]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 1 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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<![CDATA[Marriage recording aims to realize marital order in society. It is an effort regulated by legislation, to protect the dignity and sanctity (mitsaq al-ghalidz) of marriage, and more particularly of women in domestic life. Through the marriage certificate proven by the marriage certificate, each of which the husband and wife shall obtain a copy, in the event of a dispute or quarreling between them, or one irresponsible, the other may make any legal remedy in order to retain or obtain the rights of the individual, respectively. Because by the deed, the husband and wife have authentic proof of their legal deeds. Among Islamic societies there are still two views on the existing legal or regulatory norms, especially marriage rules. Thus, when looking at the reality of Muslims in particular, there are still many cases of unregistered marriages. Thus there is a dichotomy between religious law and state law. The type of this research is library research (library research).Keywords: Nikah siri, Problem, Islamic Law]]>
<![CDATA[IMPLEMENTASI KEWENANGAN KEJAKSAAN SEBAGAI PEMOHON DALAM MENGAJUKAN KEPAILITAN DEMI KEPENTINGAN UMUM BERBASIS NILAI KEADILAN SOSIAL ]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 2 No 1 (2019) ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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<![CDATA[The Public Prosecutor's Office may act in and out of court for and on behalf of the state or government. Subject to the provisions of Article 2 paragraph (2) of Law Number. 37 Year 2004 jo Government Regulation Number. 17 Year 2000 stipulates that the Attorney General as one of the parties who may file for bankruptcy, with the requirements to be met is that no other party has submitted similar applications in the public interest. Based on the matters in this journal then formulated in the formulation of the problem namely; How is the implementation of the authority of the Prosecutor Office as an applicant in filing for bankruptcy in the public interest based on the value of social justice? What factors influenced the effectiveness of the implementation of the authority of the Prosecutor as an applicant in filing for bankruptcy in the public interest?Sociolegal approach method with postpositivist paradigm according to Norman K Denzin and Yvona S Lincoln. Where the authors analyzed from the angle of ontology, epistemolginya and metodelogi. From the results of the discussion in this paper shows that the implementation of the authority of the Prosecutor Office as an applicant in bankruptcy in the public interest based on the value of social justice, regulated in the rules of applicable laws. And the effectiveness of the implementation of Authority to the Attorney as Petitioner In Filing Bankruptcy Case for Public Interest requires the performance of the Prosecutor in establishing the national legal system. Because basically the Prosecutor is one part of the legal structure that affects the workings of the law. Keywords: Authority of Attorney, Applicant of Bankruptcy, Value of Social Justice]]>
<![CDATA[JUAL BELI ONLINE DALAM PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 2 No 1 (2019) ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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<![CDATA[The use of internet media to support the process of buying and selling very efficient. For the merchants (sellers or online stores), they do not have to bother building a store, tied up with working hours, have a lot of employees, or display physical merchandise. As for the buyer (buyer) the benefits of shopping through online media (internet), among others, can visit merchants anytime and can be done anywhere. In Islamic law there is no prohibition in terms of media used to conduct transactions, but that must be considered by the merchant and the buyer at the time of buying and selling transaction is to consider elements of Sighat al "aqd (Ijab qabul), Mahallul" aqd (object agreement), Al "aqidaian (the parties that execute the agreement). In addition must meet the principles of syari "ah that is buying and selling must be free from element ribawi, gharar and maisyir. Keywords: Sale and Purchase, Online, Islamic Law]]>
<![CDATA[IMPLIKASI POSITIVISME TERHADAP ILMU DAN PENEGAKAN HUKUM ]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 2 No 1 (2019) ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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<![CDATA[Law as enacted, established, must always be separated from the law that should be created, which is desirable. This is what we now often accept as giving meaning as positivism. The research method used in this research is to use normative legal research method. The principle of positivism flow is the law is considered as a logical, fixed, and closed system (closed logical system). The law is strictly separated from morals, so from matters relating to justice, and not based on good judgment or judgment. the legal worldview is seen from a mere legal telescope and then resolving the cases that occur. The application of positivism to jurisprudence in Indonesia has its own implications that are more negative than positive, because the science of law in Indonesia is more dominated by positivism with its very legal thinking positivitik, the implication that the development of jurisprudence in Indonesia to be not as true science (genuine science), even fall in the practical science, which works by working on normative texts called positive law.Implikasi positivisme to law enforcement that gave birth to law enforcement only stop at procedures, regulations and administrative so that law enforcement in Indonesia becomes detached by the needs of its people and no longer as a search for justice. Keywords: positivism and justice]]>
<![CDATA[KAJIAN YURIDIS ANGGOTA KEPOLISIAN DAERAH BENGKULU SEBAGAI PENASEHAT HUKUM DALAM KASUS TINDAK PIDANA NARKOTIKA DI PENGADILAN NEGERI KELAS I A KOTA BENGKULU ]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 2 No 1 (2019) ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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<![CDATA[The implementation of Perkapolri number 7 year 2015 is the provision of legal aid by members of police as legal advisor and make advocacy against a criminal act of drugs in the Council of District court class 1 A Bengkulu was contradictive with the regulation of lawyer number 18 year 2003 and number 12 year 2001 about Hierarchy of legislation. That contradictive was happen very significant between opinion of the judge in the council of district Bengkulu, Opinion of persecutor in judicial and opinion of lawyer. The judge said that base on PP number 3 year 2003 members of police have authority to defend the criminal act of another members of POLRI who did a criminal act. The Persecutor and lawyer have same opinion that existence members of police contradictive with regulation of lawyer number 18 year 2003 and constitution 1945. This research is intended to analyze legal basic authority members of police to be a legal advisor to suspect/defendant who are members of the POLRI. This research is judicial empirical legal research. The main data in this research is primary data, furthermore also supported by secondary data through library research. After the data was collected, it was processed qualitative descriptively so the result showed that a legal advisor for suspect who are members of POLRI only a lawyer in accordance with regulation of lawyer number 18 year 2003 about avocado and contradictive with regulation of lawyer number 12 year 2001 about hierarchy of legislation. Keywords : members of police, legal advisor, criminal act, council of district cout]]>
