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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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Evaluation Of The Decision Of The Palembang District Court Number 156/Pid.B/2024/PN.Plg From A Criminal Law Perspective In The Police Recruitment Process Mahendra, Yusuf Eka; Fahrian, Yudi; Agustina, Sakinah
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.9505

Abstract

This research is entitled Evaluation of Palembang District Court Decision Number 156/Pid.B/2024/Pn.Plg From a Criminal Law Perspective in the Police Recruitment Process. This case is interesting to examine because it reflects legal irregularities in the recruitment process for prospective Polri members which should be carried out in a clean, transparent, accountable, and humane manner. The defendant, who is not part of the police institution, promised the victim that he could pass his child to become a Polri member in exchange for a sum of money that was ultimately not returned. The problem of this research is what form of criminal liability is applied and how the judge's considerations in the decision. This research uses a normative juridical method with a case study approach through a literature study that includes primary legal materials in the form of the Criminal Code, Police Chief Regulations, and court decisions, as well as secondary legal materials from literature and opinions of legal experts. The analysis is carried out qualitatively by describing legal facts, criminal elements, and relevant theories of criminal liability such as strict liability, responsibility, and accountability. The research results indicate that criminal liability is based on the principle of culpability, applying the theories of responsibility and accountability, as the defendant possesses the legal capacity to take responsibility and is proven to have committed the offense intentionally. The defendant was found guilty of Articles 372 and 378 of the Criminal Code concerning embezzlement and fraud, and the panel of judges sentenced him to two years and six months in prison. However, the judge should have considered Article 65 of the Criminal Code, which regulates the combination of crimes with similar penalties, thus requiring a sentence of four years and three months, along with an obligation to pay compensation to the victim. Furthermore, non-penal measures are also important, including public education using social media to ensure public awareness that recruitment into the Indonesian National Police (Polri) is free, and to encourage the police institution to be more transparent and decisive in prosecuting individuals involved, including dismissal and criminal proceedings. Therefore, this research is expected to contribute to strengthening legal justice, increasing recruitment transparency, and raising public legal awareness.
Juridical Analysis Of Adultery Issues In Article 411 Of Law Number 1 Of 2023 On The Criminal Code Hermalika, Yosi; Yusi, Suryani; Agustina, Sakinah
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.9506

Abstract

The title of this thesis is "Legal Analysis of the Problem of Adultery in Article 411 of Law No. 1 of 2023 concerning the Criminal Code"This study aims to explain the existence of human rights in Article 411 of Law Number 1 of 2023 concerning the Criminal Code concerning the crime of adultery from the perspective of human rights in Indonesia and human rights in Islam. The expansion of the meaning of adultery in Article 411 of the 2023 Criminal Code is considered to have adopted the concept of adultery from religious teachings, especially Islam, and raises human rights issues in the category of violations of a person's right to privacy. The regulation of adulterers who are not bound by marriage into the crime of adultery makes the state considered to have intervened far in the realm of the privacy of its citizens. This study uses a type of juridical-normative research and library research by conducting a study of laws and regulations, legal documents, books, and journals related to the title of this thesis. The results of the study show that the position of human rights in Indonesia is as a constitutional right. For this reason, every law and regulation must refer to the principle of humanity. Human rights can still be limited as long as the restrictions are regulated by law, including the formulation in Article 411 of the 2023 Criminal Code concerning Adultery which limits a person's personal relationships to maintain and protect the right to a sense of security, honor and good name of others. In addition, according to human rights in Islam, Article 411 of the 2023 Criminal Code has provided benefits and guaranteed the rights of the general public. With the existence of criminal penalties for perpetrators of adultery, both those who are married and those who are not married, it has provided the right to protection of honor and descendants as well as protection of children's rights in terms of inheritance.
Criminal Liability In The Practice Of Premanism With The Modus Operandi Of Mass Organizations In Extortion Crimes According To Article 368 Of The Criminal Code Titi, Swara; Fahrian, Yudi; Agustian, Sakinah
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.9508

Abstract

This study examines criminal liability in the practice of vigilantism that exploits community organizations (ormas) as a means or modus operandi for committing extortion as regulated under Article 368 of the Indonesian Criminal Code (KUHP). The research focuses on two main aspects: the form of criminal liability imposed on perpetrators who use the identity of ormas to commit extortion, and the factors that contribute to the prevalence of this phenomenon in society. The objective of this research is to comprehensively analyze the application of criminal liability to offenders from the perspective of national criminal law, as well as to reveal the underlying causes of vigilantism disguised under the cover of ormas. The research employs a normative juridical method with a statute approach, supported by literature review of legislation and legal scholarship. The findings indicate that extortion committed by individuals acting under the name of ormas fulfills the criminal elements stipulated in Article 368 of the KUHP, thereby placing primary criminal liability on individual perpetrators. However, if it can be proven that a legal entity benefits from and is involved in such extortion, then the ormas, as a corporation, may also be held criminally liable through the doctrine of corporate criminal liability. The persistence of this phenomenon is influenced by weak governmental oversight, low legal awareness among the public, and the misuse of organizational legitimacy. Addressing this issue requires a comprehensive strategy, including both repressive and preventive legal approaches, strict supervision of ormas activities, enhancement of public legal awareness, and revitalization of regulations concerning corporate criminal liability in cases of extortion.
The Issue Of Business Competition Among Padang Restaurants According To Law Number 5 Of 1999 Sherinda, Ghea Premarsha; Erniwati, Erniwati; Sakinah, Sakinah
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.9509

Abstract

One of the food businesses that has high competitiveness is Padang restaurants. Padang restaurants are known as delicious restaurants that can adapt to the tastes of the entire community. In the 1950s to 1970s, Padang restaurants experienced rapid growth. Many Minangkabau entrepreneurs opened their businesses in various cities, thus creating business competition. Tight business competition encourages Padang restaurants to continue to improve quality and innovation. However, this competition also poses challenges such as monopolistic practices and unhealthy business competition. The problems in this thesis are the existence of unhealthy competition in the Padang restaurant business and legal settlement efforts that can be taken if a dispute occurs between Padang restaurants. This problem was triggered by a 38-second viral video showing the actions of a number of people removing the "Padang Cuisine" label in Sukadana Village which sells food at prices below market prices, which are only IDR 9,000 per portion. This study uses the Normative research method. The results of the analysis show that the practice of revoking the “Padang Cuisine” label is because the owner of the Padang restaurant in Sukadana Village sells food at a price below the market price, which is only IDR 9,000 per portion. Based on Article 20 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. It can be concluded that what the owner of the restaurant in Sukadana Village did was an act prohibited by Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. Because the restaurant sets a price that is very low or below the market price, it is detrimental to other Padang restaurant business owners.
Islamic Character Education For The Millennial Generation: The Role Of Social Media And Information Technology Reyhana, Reyhana; Azmiannur, Muhammad
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.8300

Abstract

This research aims to analyze the role of social media and information technology in Islamic character education for the millennial generation. Millennials who grow up in the digital era face great challenges in maintaining moral and moral values in accordance with Islamic teachings. Along with the rapid development of technology, social media emerged as a means that can be utilized to spread da'wah messages and form Islamic character. This research uses a qualitative approach with a case study design, through social media content analysis and in-depth interviews with da'wah leaders and social media users. The results show that social media, especially platforms such as YouTube, Instagram, and TikTok, have a significant role in spreading Islamic values. The da'wah content published on these platforms contains moral messages that focus on Islamic morals, worship, and daily life in accordance with Islamic principles. However, this study also found major challenges related to the large amount of negative content spread on social media, which can damage the morals and morals of the millennial generation.
The Ethical Responsibility Of Lawyers In The Dissemination Of False Information And Its Implications For The Image Of The Legal Profession Machmud, Amir; Bustaman, Bustaman
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.9108

Abstract

The spread of fake news by advocates has become an important issue in the digital era that can damage the image of the legal profession. This study aims to identify the ethical and legal responsibilities that advocates must adhere to and analyze the impact of fake news dissemination on the profession's image. The method used is a normative legal approach, analyzing applicable codes of ethics and regulations. The analysis results show that non-compliance with ethical codes can lead to disciplinary sanctions and negative stigma against the legal profession. This study recommends the need for ongoing education, transparency, and responsible use of technology by advocates, as well as strengthening reporting mechanisms by professional associations. With a commitment to ethics, advocates can enhance public trust in the legal system.
Implementation Of Restorative Justice As An Alternative To Criminal Case Resolution: Analysis Of Court Decisions On Criminal Acts That Ended With The Implementation Of Restorative Justice At The South Jakarta District Attorney's Office Putri, Amanda Eka; Kurnia, Kezia; M.W, Made Suryajaya; Hidayat, Hidayat; Amayda, Bella
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.9126

Abstract

Restorative justice is present as a new paradigm in the criminal justice system that offers a more humanist and participatory approach. This approach emphasizes empathy, moral responsibility, and the restoration of relationships between perpetrators, victims, and society, not just punishing perpetrators. These values are in line with the cultural principles of the Indonesian nation which prioritize deliberation and consensus in resolving social conflicts. This study aims to analyze the implementation of restorative justice in the South Jakarta District Attorney's Office using descriptive qualitative methods and case studies. The data collection technique is carried out through the analysis of the annual report of the South Jakarta District Attorney's Office and the analysis of case documents that have been anonymized. The main focus of this study is to identify the effectiveness of the implementation of RJ, supporting factors, and the accompanying obstacles and opportunities. The results of the study show that RJ is effective in resolving minor criminal cases, especially minor persecution (Article 352 of the Criminal Code) and fraud with losses of less than Rp10 million. In addition to accelerating the process of resolving the case, RJ also allows the achievement of a peace agreement that satisfies both parties. However, the implementation of RJ still faces a number of challenges, such as a lack of public understanding, victim resistance in cases of violence, and the lack of uniform operational standards and adequately trained human resources. These findings show the need to strengthen regulations governing the implementation of RJ, increase the capacity of mediators, as well as the preparation of systematic technical guidelines and comprehensive socialization to the public so that the implementation of restorative justice can run effectively, measurably, and fairly.
Personal Data Protection In The Case Of Covid 19 Vaccine Certificate Data Leak In Wonosobo Syahputra, Ahmad Reza; Harahap, Pardamean
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.9246

Abstract

The COVID-19 pandemic has accelerated the digitalization of health services in Indonesia, including the use of the PeduliLindungi application for vaccination certificates. However, the process of printing physical vaccine cards through unofficial third parties in Wonosobo Regency often leads to the leakage of personal data, such as Population Identification Numbers (NIK) and health information, which are misused for cybercrimes such as illegal online loans. This study aims to analyze the legal provisions of personal data protection based on Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) and its application in the case of COVID-19 vaccine certificate data leak in Wonosobo. The research method uses a normative-empirical approach, with a study of legal regulations and primary data from interviews with law enforcement officials at the Wonosobo Police Station. The results show that the PDP Law provides a comprehensive preventive and repressive framework, including criminal sanctions of up to 6 years in prison and fines of up to Rp6 billion, supported by Article 28G paragraph (1) of the 1945 Constitution. However, implementation in Wonosobo is weak due to the lack of digital literacy of the community, lack of evidence, and the priority of restorative justice over repressive enforcement, causing inconsistencies between constitutional guarantees and field practices
Legal Protection For Mutual Fund Investors At PT AJ Central Asia Raya (CAR Life Insurance) Palembang, South Sumatra, In The Event Of Losses Sherinda, Ghea Premarsha; Erniwati, Erniwati; Agustina, Sakinah
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.9326

Abstract

This study aims to analyze the legal responsibility of mutual fund organizers at PT. AJ Central Asia Raya (CAR Life Insurance) in Palembang City for losses experienced by investors. A mutual fund is a vehicle for collecting funds from investors to be managed in an investment portfolio by an investment manager. In practice, investor losses often raise legal questions regarding the organizer’s responsibilities. This study employs a normative juridical method using statutory and case study approaches. The findings indicate that mutual fund organizers are obligated to protect investors' interests in accordance with Law Number 8 of 1995 concerning Capital Markets and the regulations of the Financial Services Authority (OJK). If losses occur due to negligence or mismanagement, organizers may be held legally accountable and subject to administrative, civil, or criminal sanctions. The case at PT. AJ Central Asia Raya highlights the importance of increased supervision and accountability in mutual fund management. The study recommends stronger regulatory enforcement and oversight by OJK, along with greater transparency and investor education. These measures are essential to ensure effective legal protection for investors and to maintain public confidence in the mutual fund industry.
The Application Of Legal Sanctions Against Content Creators Using Song Works Without Permission On Social Media Based On Law No. 28 Of 2014 On Copyright Mardiana, Eka; Erniwati, Erniwati; Fitri, Aidil
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.9327

Abstract

Technological advances and the widespread use of social media have led to increased activity among content creators in creating and disseminating works, including the use of songs as elements in digital content. However, the use of copyrighted songs without permission raises legal issues related to copyright infringement. The issues raised in this study include: What is the form of application of legal sanctions against users of content creators without permission from song copyright owners on social media based on Law Number 28 of 2014 concerning Copyright, and what is the legal protection for users of content creators without permission from song copyright owners on social media according to statutory regulations. The method used is normative juridical with a statutory regulatory approach and literature study. Legal protection in this case is divided into two forms, namely preventive protection and repressive protection. Based on the results of the study, Article 9 paragraph (3) of the Law states that everyone is prohibited from reproducing or utilizing copyrighted works for commercial purposes without permission from the creator or copyright holder. Furthermore, Article 113 paragraph (1) stipulates that copyright infringement can be subject to criminal sanctions or fines. This law also provides a mechanism for resolving disputes through legal channels, both litigation and non-litigation. Therefore, it is crucial for content creators to understand and respect copyright by obtaining official permission or a license before using music or songs in their work.

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