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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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Juridical Review Of The Role Of Judges In Legal Discovery (Rechtvinding) According To The Principles Of Good Justice In Handling Cases (Civil) Widi Okta Pratama; Dwi Putra Jaya; Ana Tasi Pase
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.v10i2.7217

Abstract

Judges in examining and adjudicating cases, face a fact, that the written law is not always able to solve the problems faced, considering that the codification of the law, although it seems complete, is never perfect, because thousands of unexpected problems will be submitted to the judge. The purpose of this research is to find out the legal discoveries made by the settlement of cases (Civil). The research method used is normative legal research in the form of library research which is carried out by collecting legal materials both primary, secondary and or tertiary. The results of the research and discussion show that the umbrella for judges in making legal discoveries has been regulated in Indonesian positive law, namely that judges are independent and independent, may not refuse to hear, and must make legal considerations for decisions by mentioning articles of legislation or unwritten law as the basis for judging, by applying the meaning of judging according to the law by not discriminating against people so that civil case decisions are produced in accordance with legal values and a sense of justice that lives in society. In order to produce a civil decision, the judge must rely on the evidence submitted by the parties to the dispute, because the truth sought in a civil case is the formal truth, namely the truth that is born on the basis of formal evidence from the parties to the dispute.
Legal Analysis Of Human Trafficking Through Platforms Based On Indonesian Laws And Regulations Pasaribu, Andreas Okta; Siregar, Mhd Azhali
JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i1.7683

Abstract

This research analyzes legal protection against human trafficking that can be downloaded via video via social media platforms. Which in this case is often found in social media platform applications where videos contain pornographic elements and it is not uncommon for users to also trade themselves to viewers of the application by including a link that can be accessed by viewers thereby directing them to the application. owner's personal account contact. so that you can carry out the transaction. Thus, this act can be categorized as an act of human trafficking where the person indirectly hands over their rights to something to another person by obtaining an imbalance of economic value that will benefit both parties unlawfully. This research was carried out using a descriptive approach with qualitative methods with a type of normative juridical research based on secondary data sources taken from case studies of court decisions and statutory regulations with analysis using related legal materials. The results of this research obtained results in the form of knowledge regarding forms of legal protection against criminal acts of trafficking in persons carried out through video-based social media platforms which do not contain elements of criminal acts of trafficking in persons as contained in article 40 paragraph 2. and paragraph 2(a) which reads : "The government protects the interests of the public from all types of interference due to the coding of Electronic Information and Electronic Transactions which interfere with public transmissions, in accordance with the provisions of laws and regulations." and the Government is obliged to prevent in the form of blocking websites and prevent the distribution and use of Electronic Information and/or Electronic Documents containing prohibited content in accordance with the provisions of laws and regulations."
Legal Protection For Policyholders Against Breach Of Insurance Contract By Insurance Companies (Analysis Of Decision Number 662/Pdt.G/2023/PN Jkt.Sel) Simanjuntak, Fadma Marcela; Nasution, Abdul Razak
JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i1.7851

Abstract

Insurance is an activity established by an individual to cover losses or risks that may occur to those involved in an insurance program. As policyholders, we are required to pay premiums, and the insurance company is expected to fulfill its obligations according to the insurance policy agreement. The problems addressed in this study are: How is the legal regulation regarding breach of contract (wanprestasi)? How is legal protection for policyholders provided? How is the legal resolution of the breach of contract case by the insurance company in case number 662/Pdt.G/2023/Pn Jkt.Sel? This research employs a descriptive-analytical approach. The type of research used in this study is normative legal research, which relies on secondary data. The research method used is library research, involving a review of various sources such as court decisions, journals, expert opinions, scholarly articles, and other readings. Insurance companies committing breaches of contract can cause significant losses for policyholders, as breach of contract refers to the failure to uphold an agreement or violate previously made commitments. The occurrence of such breaches stems from various reasons within the company, leading to their inability to fulfill their obligations to policyholders.
Legal Review Of The Criminal Act Of Fraud Study Of Decision No. 1188/PID.B/2022/PN MDN Batubara, Muhammad Miftahur Rizki; Fikri, Rahul Ardian; Ismaidar, Ismaidar
JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i1.7852

Abstract

This study focuses on criminal law policies in dealing with fraud. Fraud is one of the crimes that often occur in society and is regulated in Article 378 of the Criminal Code (KUHP). This study aims to analyze the crime of fraud based on Decision No. 1188/Pid.B/2022/PN MDN. This study uses a normative legal method with a case study approach to examine how the court applies the elements of the crime of fraud in the case. The results of the study show that the court has decided this case by considering the elements of the crime of fraud as regulated in the Criminal Code. However, further analysis reveals several challenges in the application of the principle of justice, especially related to consideration of the victim's losses and the social impacts caused. This study recommends the need for improvements in aspects of law enforcement, including providing compensation to victims as a form of restorative justice.
Analysis Environmental And State Losses In Corruption Offences Frans, Mardian Putra; Sari, Agustina Indah Intan; Eldillon, Iddo
JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i1.7855

Abstract

This research aims to discuss legal issues regarding the validity of environmental damage as an element of state loss in corruption crimes. The main objective of this research is to answer the legal issue of whether environmental damage can be categorized as an element of state loss in corruption crimes. The type of research used in this study is normative legal research, namely by examining legislation, legal doctrines, and legal principles related to the problems studied. The results show that environmental damage cannot be categorized as state losses as referred to in Article 2 paragraph (1) and Article 3 of the Anti-Corruption Law because the aquo article must be proven by the existence of real state financial losses, not potential or estimated state financial losses. Now, law enforcement must be able to prove the value of real or actual losses to state finances or the state economy (actual loss), not only based on the value of losses that may occur (potential loss).
Environmental Loss As An Element Of State Loss In Corruption Offences Karosekali, Timothy Christian Randal; Frans, Mardian Putra
JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i1.7192

Abstract

This research aims to discuss legal issues regarding the validity of environmental loss as an element of state loss in criminal acts of corruption. The main aim of this research is to answer the legal issue of whether environmental damage can be categorized as an element of state loss in criminal acts of corruption. The type of research used in this research is normative legal research, namely by examining statutory regulations, legal doctrine, and legal principles related to the problem being studied. The research results show that environmental damage cannot be evidence of a criminal act because Article 2 paragraph (1) and Article 3 of the Corruption Law must be proven by real state financial losses (actual loss) is not a potential or estimated state financial loss (potential loss). Now, law enforcers must be able to prove the real or real value of losses to state finances or the state economy (actual loss), not just based on the potential value of losses that may occur (potential loss)
The Legal Perspective Tug-Of-War In Determining The Status Of Loot Boxes And Gacha As Gambling Susilo, Sigit Agung; Muthia, Serva
JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i1.7298

Abstract

The evolution of technology in the gaming industry has introduced monetization mechanisms such as lootboxes and gacha, which leverage elements of chance. Although popular, these practices raise concerns about potential gambling and their impact on consumers, particularly children. This study aims to analyze the relevance of Indonesian regulations in governing lootboxes and gacha and identify existing regulatory gaps. A normative juridical method was applied by reviewing primary laws such as the ITE Law, the Criminal Code, and consumer and child protection laws. The findings reveal that while existing laws prohibit gambling, they do not explicitly regulate lootboxes. It concludes that more specific regulations and the establishment of a supervisory authority are necessary to protect consumers from digital exploitation.
Legal Study On Handling Cases Of Sextortion Involving Minors As Perpetrators And Victims In Indonesia Wibowo, Fian Agung; Permana, Indra Surya
JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i1.7306

Abstract

Sextortion involving children as both perpetrators and victims is a serious issue that requires a comprehensive legal approach in Indonesia. This study aims to analyze the effectiveness of existing regulations and challenges in the legal protection of children in sextortion cases. The research uses a normative juridical method by examining relevant laws such as the Child Criminal Justice System Law (UU SPPA), Pornography Law, Electronic Information and Transactions Law (UU ITE), and Sexual Violence Law (UU TPKS). The results indicate that although various regulations exist, challenges remain in ensuring consistent law enforcement, special protection for child victims, and adequate trauma management. In conclusion, improvements in law enforcement, inter-agency coordination, and increased public awareness are needed to protect children from digital-based crimes
Protection Of Victims' Rights In Cases Of Maltreatment That Resulted In Death: A Case Study Of Ronald Tannur Wardhana, Adi Pratomo Kusuma; Santoso, Agnellya Hendarmin; Joseph Sinatra, Tristan Canari; Nurwantoko, Endro Try; Andryawan, Andryawan
JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i1.7468

Abstract

This research aims to analyze how victims' rights are protected in Indonesia for cases that occur such as abuse and what laws can be imposed on the perpetrator through the case of Ronald Tannur who abused his girlfriend. The research method used in writing this paper is the normative legal research method (normative doctrinal-juridical). In this research, the author uses primary legal materials and secondary legal materials. In this research, the researcher used library materials as the main material for analyzing cases, and in conducting research. Normative legal research is a process of finding legal rules, legal principles and legal doctrines. The legal materials used in this research are primary legal materials and secondary legal materials. Primary legal materials include statutory regulations and official documents that contain legal provisions, while secondary legal materials are legal materials that provide explanations regarding primary legal materials. The results obtained in this research show that there are various legal bases that have been implemented in Indonesia, such as regulations that have been issued and stipulated by the government which regulate the protection of victims' rights, one of which is Undang-Undang (UU) Nomor 13 Tahun 2006 tentang Perlindungan Saksi dan Korban in Indonesia. Apart from that, there are articles from the Kitab Undang-Undang Hukum Pidana that can sentence such perpetrators to prison, such as Pasal 338 of the Kitab Undang-Undang Hukum Pidana.
The Quality Of Public Services Of The Kediri City Government Through An Analysis Of Compliance With Public Service Standards Suprastiyo, Ahmad
JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i1.7482

Abstract

In the case of Kediri City, public service providers are required to comply with the established public service standards. During 2021 to 2023, the level of compliance in the provision of public services by the Kediri City Government was quite slow. The compliance index value of the Kediri City Government from 2021-2023. In 2021, the compliance value of Kediri City was 57.78 (yellow zone), in 2022 the compliance value of Kediri City was 65.22 (yellow zone) there was a fairly small increase in value of 7.44 so that it still remained in the yellow zone. Kediri City in 2023 received a compliance level value of 80.13 (green zone) there was an increase in value of 14.91 from 2022. This makes Kediri City enter the green zone, but with a lower range value in the green zone range. This study aims to analyze the level of compliance with public service standards in improving the quality of service to the community. The research method used is literature study and analysis of ombudsman report documents and the Kediri City Government through qualitative data analysis of the Spradley model. The research findings show that in the case of the Kediri City Government, the high level of compliance with public service standards is not necessarily followed by quality of service.

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