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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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Legal Protection Of Indigenous Peoples In East Kalimantan In The Development Of The Archipelago's Capital City Associated With Applicable Laws And Regulations In Indonesia Rusdianto, Karin; Septina Basani, Christin
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.v11i1.7771

Abstract

This study examines the protection of indigenous peoples in the Nusantara Capital City (IKN) in the context of sustainable development in Indonesia, focusing on the roles, rights, and challenges faced. Using normative research methods with a statutory approach and a conceptual approach, this study analyzes the legal framework that governs indigenous peoples, such as Article 18B paragraph (2) of the 1945 Constitution, Law No. 39 of 1999 concerning Human Rights and the Law on Villages. This research uses the theory of legal protection and implementation theory. The findings suggest that indigenous peoples face significant challenges, including loss of access to traditional lands, marginalization in decision-making processes, and threats to cultural identity. This study emphasizes the importance of a participatory approach that integrates local wisdom to protect the rights of indigenous peoples while supporting fair and sustainable development. This study recommends.
Legal Aspects Of Business Contract Planning In The Digital Era Jayanti, Atika Putri; Karmenita, Mathilda; Rade, Stefanus Don
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.v11i1.7827

Abstract

The advancement of digital technology has significantly transformed the way businesses are conducted, including the drafting of contracts. In the digital era, contracts are not only prepared conventionally but also in electronic forms using digital signatures, online platforms, and blockchain technology. This article discusses the legal aspects relevant to the drafting of digital business contracts, including the validity of electronic contracts, data protection, and dispute resolution. The study refers to the applicable legal frameworks, such as Indonesia’s Electronic Information and Transactions Law (UU ITE) and regulations related to digital contracts. The research shows that although adequate legal foundations exist, challenges persist, particularly regarding the validity of electronic evidence and data security. Therefore, regulatory harmonization and education for business actors are necessary to ensure legal compliance and risk mitigation in the digital era.
Analysis Of The Decision Of The Constitutional Court The Decision Of The Constitutional Court Of The Republic Of Indonesia Number 60/PUU-XXII/2024 On The Threshold Of Candidacy For Regional Heads In The 2024 Regional Elections Leads To Legal Uncertainty F Hasiholan, Hasiholan
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.v11i1.7842

Abstract

In response to the legal uncertainty arising from Constitutional Court Decision No. 60/PUU-XXII/2024 regarding the candidacy threshold for regional head elections (Pilkada), several strategic recommendations can be implemented to ensure a more transparent and fair electoral process. These include: (a) establishing clear procedural policies, (b) strengthening the role of the legislature (DPR) in lawmaking, (c) limiting the authority of the Constitutional Court, (d) promoting legal education and public awareness, (e) monitoring and evaluating the election process, and (f) conducting academic studies and research. In the context of the regional head candidacy threshold, regulations regarding this threshold should no longer be subject to change within 200 days before the opening of candidate registration by the General Election Commission (KPU). If this measure is not enforced, referring to Constitutional Court Decision No. 60/PUU-XXII/2024, which was issued seven days before the KPU accepted candidate registrations, the Constitutional Court could potentially amend the candidacy threshold regulations just one day before the KPU begins accepting candidate registrations in the 2029 Pilkada.
Legal Protection For Civil Servants Against The Annulment Of The Dishonorable Dismissal Beschikking (In Decisions Number: 19/G/2013/PTUN-BL, 156/G/2016/PTUN-MDN, 43/G/2019/PTUN-SRG) Juliannoor, Giovanni Dion Pratama; Prasetyo, Bayu
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.v11i1.7846

Abstract

This research aims to analyse the form of legal protection given to civil servants over the cancellation of the dishonourable dismissal (PTDH) beschikking in a state administrative court decision. PTDH is often an important issue in the context of personnel administration, given its significant impact on the career and administrative rights of civil servants. This research uses normative legal methods with conceptual and case study approaches, and analyses various laws and regulations, legal doctrines, and general principles of good governance (AUPB). The results show that judges have a crucial role in ensuring that PTDH decisions fulfil fair and procedural legal principles. In decisions Number: 19/G/2013/PTUN-BL, Number: 156/G/2016/PTUN-MDN, and Number: 43/G/2019/PTUN.SRG, various violations related to procedure, authority, and substance were found that caused the PTDH decision to be declared invalid. However, in some cases, rehabilitation of civil servants is not fully granted, given the limited evidence or insufficiently strong legal reasons. This research emphasises the importance of applying the principles of justice, legal certainty, and protection of civil servants' rights in the civil service administration process. In addition, this research provides recommendations to improve regulations related to the dismissal of civil servants to be more consistent with applicable legal principles.
Criminal Liability Under The Rome Statute Of The International Criminal Court For Israel's Military Offensive On The Gaza Strip Gintings, Aman Wibawa; Ramadhan, Muhammad Fadhil Andika; Asril, Yuli Rahmawati
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.v11i1.7889

Abstract

This research aims to analyze criminal liability under the Rome Statute of the International Criminal Court regarding Israel's military attack on the Gaza Strip. This research is normative juridical in nature, by looking at international law as rules or norms and general legal principles in the application of international criminal law. The approach used in this research is a case approach. The nature of this research is descriptive research that explains the problem on the facts of armed conflict between Israel and HAMAS and human rights violations committed by Israel against the Palestinian population in Gaza. The data sources in this research consist of secondary data. Data collection techniques were carried out through literature studies and online data searches as well as reviewing laws and regulations and books, journals, and other references relevant to the research. The result of this research is that the International Criminal Court (ICC) is a criminal court that has become part of the international global justice system, has the authority to handle and try crimes in accordance with article 5 paragraph (1) of the Rome Statute. In 2012, as many as 193 countries that are members of the UN have recognized Palestine as a real “state”. With the status changing from “entity” to “non-member state” which means that Palestine has the right to join the ICC. Palestine's joining the ICC was marked by the signing of the Rome Statute on April 1 by the Palestinian president. By joining Palestine to the ICC, it has become the authority and jurisdiction of the ICC as the International Criminal Court to help deal with the conflict that occurred in Palestine. So based on article 13 letter (a) and article 14 of the Rome Statute, referring to the situation in Palestine, the court specifically requested the Prosecutor to help investigate the conflict that occurred, in accordance with the temporary jurisdiction of the country.
Reviewing The Efficiency Of Restorative Justice Implementation In The Dispute Between PT Indonesia Huabou Industrial Park And The Murowali Prayoga, Muhammad Rifki; Hiawananta, Ozha Tiwa; Septiawan, Syaifullah David
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.v11i1.7925

Abstract

Land plays a very important role in human life, especially in Indonesia, where it is considered a natural resource controlled by the state for the welfare of the people. However, agrarian conflicts often arise, such as the one between PT Indonesia Huabao Industrial Park (PT IHIP) and the Morowali community. This study aims to analyze the mediation mechanism based on the principle of restorative justice in resolving agrarian disputes. Data shows that in 2023, Indonesia experienced 241 agrarian conflicts that harmed many parties, including 608 land rights defenders. This conflict not only has social impacts, but also economic and environmental impacts, such as gas emissions and deforestation due to nickel factory operations. The research method used is descriptive qualitative with a normative legal approach, examining various regulations and legal doctrines. The results of the study show that mediation can be an initial solution in the settlement, but is often ineffective due to the absence of the parties involved and the great influence of one of the parties. Therefore, the application of the principle of restorative justice in mediation is expected to improve relations between the disputing parties and reduce the potential for future conflict. This approach emphasizes inclusive dialogue and reparation for the aggrieved parties, in line with the goal of progressive law to create social welfare.
Application Of Restorative Justice To Settlement Criminal Acts Of Persecution Afandi, Yozza; Haniyah, Haniyah; Hernintyas, Tuti
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.v11i1.7962

Abstract

This study aims to analyze the application of restorative justice to perpetrators of persecution crimes. Restorative justice is an approach concept with the main focus on restoring relationships between parties (perpetrators and victims) and the community. The main goal of solving problems with this approach is to maintain a harmonious relationship balance, by mediating and restoring the relationship and reimbursing the losses caused, This research is a normative research with a legal approach, this research is very important to do considering that cases of persecution often occur among the community, while the application of criminal sanctions is felt to be ineffective, The results of the study show that in cases of persecution whose settlement uses a restorative justice approach, providing a fair and effective solution, providing benefits to both the victim (victim recovery), the perpetrator or the community, meaning that the settlement of the case is completed faster and there is a restoration of the relationship between the victim and the perpetrator in conducive circumstances in community social relations in addition to reducing the overloaded burden capacity of the court and correctional institutions. The need for restorative justice arrangements so that it can run optimally in resolving the crime of persecution.
Legal Responsibility Of Parents For Children Who Commit Traffic Violations And Cause Traffic Accidents Hasiholan, Bengat; Sinaulan, Lina; Soetoto, Erwin Owan Hermansyah
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.v11i1.8001

Abstract

This study aims to analyze the juvenile justice system that regulates parental responsibility for traffic violations resulting in accidents. The research employs an approach designed to provide a comprehensive analysis of the legal issues under investigation. The methods used include the statute approach to examine relevant regulations, the case approach to analyze court rulings, and the conceptual approach to understand the legal concepts underlying the norm-setting of a regulation. The legal material analysis is conducted by organizing and categorizing data based on specific patterns, allowing for in-depth conclusions regarding parental responsibility for children who come into conflict with the law due to traffic violations. The findings reveal that an examination of Law Number 11 of 2012 concerning the Juvenile Justice System indicates that parents have a responsibility in the diversion process for children who commit criminal offenses. This responsibility includes providing consent in the diversion agreement, compensating the victim, and participating in education, training, or community service. However, for traffic offenses regulated in Article 311, paragraphs 4 and 5 of Law Number 22 of 2009, diversion cannot be applied as the criminal penalty exceeds seven years. In Verdict Number 26/Pid.Sus-Anak/2019/PN.Jap, Marlon Stalone Tan Subay was found guilty of violating Article 311, paragraph 4, making diversion inapplicable. The juvenile justice process was still conducted under the principles of restorative justice, covering stages from investigation to trial. The judge considered deterrent effects and the learning process for the child to prevent repeating similar offenses. Parents continue to play a crucial role in educating, guiding, and supervising their children to prevent future legal violations.
Implementation Of Restorative Justice By The Indonesian National Police After The Enforcement Of Article 70 Of Law Number 1 Of 2023 On The Criminal CodeE Kamagi, Rendy Cristian; Budisetyowati, Dwi Andayani; Sugeng, Sugeng
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.v11i1.8014

Abstract

Indonesian National Police Regulation Number 8 of 2021 concerning the Handling of Criminal Acts Based on Restorative Justice has regulated police authority. This regulation was established as it is indeed necessary for the police to serve as a guideline in handling criminal acts through a restorative justice mechanism. The establishment of this regulation further emphasizes that the discretion provision in Article 18 of Law Number 2 of 2002 is highly urgent and needed in law enforcement practices. Repressive law enforcement efforts are increasingly considered less effective. The research problem formulated includes: First, what is the meaning of restorative justice as a complaint offense under Article 70 of Law Number 1 of 2023? Second, how is the implementation of restorative justice determination as a complaint offense at the level of authority within the Indonesian National Police? This study employs a normative juridical research method. The findings indicate that the application of restorative justice by law enforcement officials remains inconsistent, with varying interpretations at different stages, including investigation, prosecution, and trial processes. A review of the implementation of restorative justice for children in the Mojokerto District Court Decision Number: 11/Pid.Sus-Anak/2023/PN Mjk serves as an example of such inconsistencies. This issue arises due to the absence of explicit restorative justice provisions within the Indonesian Criminal Code (KUHP). The enactment of Law Number 1 of 2023 further reinforces Indonesian National Police Regulation Number 8 of 2021. The implementation of restorative justice determination for complaint offenses at the level of police authority following the enforcement of Article 70 of Law Number 1 of 2023 also stipulates the conditions under which restorative justice may be granted. The application of Article 70 of Law Number 1 of 2023, when aligned with Article 18 of Law Number 2 of 2002, grants police discretion to apply restorative justice in a manner that can be integrated with public interest considerations, particularly those oriented toward fines.
Juridical Analysis Of The Regulation On Prevention And Handling Of Sexual Harassment In Indonesian Higher Education Institutions Prihatna, Budi Ageng; Delano, Teddy; Gulo, Nimerodi
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.v11i1.8036

Abstract

The objective of this research is to analyze the legal framework regarding the prevention and handling of sexual harassment in higher education institutions. The research method used in this study is normative juridical. The findings of this study reveal that Law Number 12 of 2022 stipulates criminal liability for perpetrators of sexual violence offenses, including imprisonment and fines. Regarding criminal liability under Law Number 12 of 2022, there is potential for sentencing disparities among judges, as the law only regulates maximum penalties. In addition to imprisonment, fines, or other penalties, judges are also required to determine the amount of restitution for sexual violence offenses punishable by imprisonment of four (4) years or more. Meanwhile, Ministerial Regulation of Education, Culture, Research, and Technology (Permendikbudristek) Number 30 of 2021 provides guidelines for higher education institutions in preventing and handling sexual violence within universities. The targets of sexual violence prevention and handling include: a. Students; b. Educators; c. Educational staff; d. Campus residents; and e. The general public who interact with students, educators, and educational staff in the implementation of the Tridharma. The provisions on administrative sanctions that can be imposed on perpetrators of sexual violence in higher education institutions include minor administrative sanctions, moderate administrative sanctions, and severe administrative sanctions. There is a need for clear indicators regarding the classification of administrative sanctions to determine how a sanction is categorized as minor, moderate, or severe.

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