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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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Prosecutorial Independence Following The Decision Of The Constitutional Court Of The Republic Of Indonesia Number 6/PUU-XXII/2024 Fitri, Icha Cahyaning
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.v11i2.9435

Abstract

The position of the Attorney General's Office in the constitutional system is ambivalent because it is located on two sides of the branches of power that should be separate, namely the first branch of executive power related to the structure and flow of command that leads to the President as Head of Government, and the second branch of judicial power in the context of prosecution duties in the criminal justice system. The issue of independence will be a central issue in the positioning of the Attorney General's Office in its assignment, where structurally the Attorney General leads to the President with his prerogatives, but functionally is required to be independent and independent of any political pressure. This research is a normative research with a statutory approach, conceptual approach and comparative approach. The decision of the Indonesian Constitutional Court Number 6/PUU-XII/2024 has created a new concept of the independence of the Prosecutor's Office in the Indonesian constitutional system. The purpose of this research is to seek and find the best institutional concept for the Prosecutor's Office of the Republic of Indonesia in carrying out judicial and executive functions and duties at the same time in a balanced and transparent manner. It is expected that the institutional concept can maximize the role of the AGO in law enforcement and provide positioning of the AGO institution in the criminal justice system in Indonesia. The decision of the Constitutional Court of the Republic of Indonesia Number 6/PUU-XII/2024 has provided different constitutional interpretations and can have an impact on the institutional aspects of the Prosecutor's Office so that it can affect the law enforcement mechanism in Indonesia. This research will provide the best recommendations for the concept and vision of the Prosecutor's Office in the future.
The Existence Of Marriage According To Serawai Customary Law In Talang Beringin Village In The Perspective Of Islamic Law Sari, Selvi Nopita
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.v11i2.9498

Abstract

Marriage is considered valid if conducted according to the marriage laws of each religion and belief, and recorded by the authorized institution in accordance with applicable laws. Customary marriages in Talang Beringin community are governed by customary law based on social stratification. The classification of society influences the marriage system in Talang Beringin, both in terms of the form and the values of customary marriage for inter-class unions, in accordance with the established customary law in Talang Beringin village. This research employs a juridical-empirical approach. Therefore, the researcher concludes as follows: from the research conducted, the researcher concludes that the existence of marriage according to Serawai customary law in Talang Beringin village from the perspective of Islamic law has only undergone changes in the stages after engagement. Previously, there were terms such as "ngantar sirih pinang," "ngulangi lautan," "tandang kutuan," and "nuwokah rasan," along with various customary practices like "cara ulu," "cara melayu," and "cara malim." The factors causing changes in Serawai customary marriage are due to the current development of times. The era has shifted towards a more modern approach, making traditional practices seem outdated, and the younger generation is increasingly uninterested in customary marriage celebrations as they were in the past. Keywords: Marriage, Customary, Serawai
Catcalling As A Form Of Verbal Abuse: Psychological Impact On Women In Public Spaces From The Perspective Of Law And Human Rights Oktavia, Putri; Fahrian, Yudi; Sasi, Kartika
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.v11i2.9510

Abstract

This study examines verbal harassment (catcalling) as a form of sexual violence that violates moral norms and creates feelings of discomfort and threat for victims. Article 5 of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence regulates harassment, but does not explicitly include catcalling as verbal harassment. This study uses normative legal methods with a focus on analyzing legal rules and concepts. The results indicate that the implementation of Article 5 has not been optimal due to a gap between what should apply (das sollen) and the reality that occurs (das sein). The main obstacles include legal difficulties in proving the case, ineffective inter-agency coordination, and sociological factors such as stigma and victims' fear of reporting. To overcome these obstacles, clearer implementation guidelines, gender-sensitive training for law enforcement officers, victim- friendly reporting procedures, and increased public legal awareness are needed.
How Is The Implementation Of Mandatory Indonesian National Standards (SNI) For Children’s Toys Products According To Law No. 3 Of 2014 Concerning Industry Adellya, Novrisa; 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.v11i2.9511

Abstract

This study discusses the implementation of the mandatory Indonesian National Standard (SNI) for children’s toy products based on the provisions of Law Number 3 of 2014 concerning Industry. The aim of this research is to analyze how the obligation to apply SNI is implemented by business actors and supervised by the government in ensuring the safety of children's toys circulating in society. The research method used is a normative juridical approach utilizing secondary data derived from legislation, legal textbooks, and scientific journals. The results of the study indicate that the obligation to apply SNI to children's toy products is a form of legal protection for child consumers, but its implementation in the field still faces various obstacles ranging from lack of supervision to the low awareness of business actors.
Factors Hindering The Implementation Of Law No. 18 Of 2008 On Waste Management In Penukal Abab Lematang Ilir Regency Rosa, Mila; 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.v11i2.9512

Abstract

This study aims to analyze the implementation of waste management policies in PALI Regency, referring to Law No. 18 of 2008 and Regional Regulation of PALI Regency No. 4 of 2024. Although the regulations have been normatively established to promote the 3R principles (Reduce, Reuse, Recycle) and community involvement, the findings reveal a significant gap between policy and field implementation. This research employs a descriptive qualitative method with a case study approach, utilizing in-depth interviews, observations, and document analysis. The results indicate that policy implementation remains suboptimal due to weak communication, limited resources, lack of inter-agency coordination, and low public awareness. Moreover, community initiatives such as the PALI Waste Bank have not yet received adequate support from the local government. Social and cultural barriers, including the perception that waste management is solely the government's responsibility, further hinder progress. On the other hand, there are strategic opportunities in circular economy potential and grassroots initiatives, which could be strengthened through institutional support, incentives, and digitalization of the waste management system. This study recommends strengthening local institutions, establishing formal partnerships between communities and the government, enhancing environmental education, and promoting technological innovation as crucial steps toward a sustainable waste management system in PALI Regency.
Implementation Of Law Number 22 Of 2022 On Corrections In Protecting The Rights Of Female Prisoners Rozali, M. Iqbal; Fahrian, Yudi; Yusi, Suryani
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.v11i2.9513

Abstract

This study is entitled “Implementing Law Number 22 of 2022 on Corrections in the Protection of Women Prisoners' Rights” The focus of this study is the fulfillment of the rights of women prisoners who have biological, psychological, and social needs that differ from those of male prisoners, thus requiring special protection. Although Law No. 22 of 2022 and Government Regulation No. 32 of 1999 regulate the rights of inmates, practices in the field show many obstacles. The National Human Rights Commission report, for example, reveals that a number of women's correctional institutions in various regions do not provide psychological services, which is contrary to the provisions of the law. This study uses a normative legal approach with regulatory analysis, legal documents, and case studies to assess the implementation of Article 9 of Law No. 22/2022 in the rehabilitation of female prisoners. The results of the study show a discrepancy between progressive legal norms and practices in the field. Obstacles mainly arise from structural factors, resource constraints, and a lack of norms relevant to the specific needs of women. This study concludes that improvements in normative and structural aspects, supported by political support, resource distribution, and cross-party collaboration, are urgently needed to build a gender-sensitive correctional system that truly protects the rights of female prisoners.
How Is The Implementation Of Credit Restructuring Towards Consumers Of Leasing Finance Institutions Putra, Dwi Marthedi; 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.v11i2.9514

Abstract

Credit restructuring is an important instrument in the financing sector to anticipate non-performing loans that can harm both consumers and financing institutions. This study aims to analyze how credit restructuring is implemented for leasing consumers and the obstacles faced in its application. The research uses normative juridical methods combined with empirical approaches by reviewing relevant regulations and conducting interviews with related parties. The findings indicate that credit restructuring is implemented in several forms, including interest rate reduction, loan term extension, arrears reduction, and debt conversion. However, its implementation often faces obstacles such as limited communication, consumers' weak bargaining positions, and lack of understanding of their legal rights. This study emphasizes the importance of oversight from the Financial Services Authority (OJK) and the application of consumer protection principles so that restructuring truly benefits both parties.
Legal Protection Analysis Of Palembang Songket Motif According To Law No. 28 Of 2014 On Copyright Audia, Depi; Erniwati, Erniwati; Wahyuningrum, Kartika Sasi
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.v11i2.9515

Abstract

Throughout its history, the traditional Palembang songket fabric was initially worn only by royal families and nobility. However, over time, its use has expanded to include various official events, making it a symbol of rich culture and local identity. This study aims to analyze the legal protection of Palembang songket motifs, based on the provisions set forth in Law No. 28 of 2014 on Copyright. The study also explores various factors that hinder the official registration of these motifs, despite their high cultural and economic value. The method used in this research is normative legal research, focusing on the study of laws and regulations and their implementation in practice. The findings reveal that out of 100 Pandai Sikek songket motifs, only 23 motifs have copyright certificates. Several factors hindering registration include the unknown creators of the motifs, lack of awareness regarding registration from the start, and widespread plagiarism that harms the original copyright holders. Legal protection of songket motifs is differentiated into two types: preventive protection, which includes socialization and the registration of works, and repressive protection, which involves legal enforcement against copyright violations. This research provides insights into the importance of legal protection in preserving local culture and encouraging creativity in the traditional textile industry.
Legal Protection of E-Book Copyright Based on Law No. 28 of 2014 on Copyright Damri, Damri; 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.v11i2.9516

Abstract

vulnerable to copyright infringement, such as unauthorized reproduction and distribution. The problems that arise include: How is legal protection for e-book copyrights regulated under Indonesian positive law, and what are the legal sanctions for the misuse of e-book copyrights? This research uses a normative juridical approach and examines applicable legal provisions, particularly Law No. 28 of 2014 on Copyright and Article 25 of the Electronic Information and Transactions (ITE) Law. The results show that e-books are protected as literary works, and authors possess moral rights as regulated in Article 5 of the Copyright Law, as well as economic rights as stipulated in Articles 8 to 11. Legal protection is divided into two forms: preventive and repressive, with criminal sanctions regulated in Article 113 of Law No. 28 of 2014, civil sanctions in Article 95 paragraphs (1) and (2), and administrative sanctions for violators as regulated by the Regulation of the Minister of Communication and Informatics of the Republic of Indonesia No. 5 of 2020. Strict law enforcement and public awareness of the importance of respecting copyright are key to creating a fair and sustainable digital ecosystem.
The Legal Certainty in Gambling Criminal Acts in the Palembang District Court Decision Number: 86/PID.B/2024/PN PLG Effendi, Effendi; Yusi, Suryani; 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.v11i2.9519

Abstract

The crime of gambling can not only be carried out in general (conventional) but with the rapid development of technology and information, gambling can also be done online. Gambling that is carried out in general (conventional) already has an article that regulates it, namely Article 303 of the Criminal Code, which is less effective if applied to online gambling. Therefore, in the crime of online gambling, there is already a specific article that regulates it, namely Article 27 paragraph (2) of the ITE Law. If there is a crime of online gambling but is charged with Article 303 of the Criminal Code, there needs to be relevant legal certainty. Where online gambling already has a regulation that regulates it specifically, namely Article 27 paragraph (2) of the ITE Law. As in criminal law, namely the principle of lex specialis derogate legi generalis, where if there is a rule that is specific, it will override the rule that is general.

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