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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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Critical Analysis Of The Implementation Of Restorative Justice In The Criminal Justice System In Indonesia Sugiharto, M. Erry
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.v11i2.9532

Abstract

This article comprehensively analyzes the implementation of restorative justice in the Indonesian criminal justice system, covering policy aspects, implementation at various levels of law enforcement (police, prosecutors, courts), as well as challenges and prospects for its development. This research uses a normative juridical approach with case studies and prescriptive analysis, examining various laws and regulations, court decisions, and related scientific literature. Key findings indicate that although the legal framework for restorative justice has developed significantly in Indonesia, its implementation still faces inconsistencies between institutions, resistance to the retributive paradigm, resource constraints, and a lack of public understanding. Case studies demonstrate partial success, particularly in cases of minor crimes and juvenile offenses, but challenges remain prominent in more complex cases such as Domestic Violence (DV). Therefore, regulatory harmonization, capacity building of law enforcement officers, and extensive public outreach are needed to optimize the potential of restorative justice in realizing substantive justice and social recovery.
Juridical Analysis Of Legal Protection For Eldery Victims Of Domestic Violence Irawan, Kaysya Bintang Natalia; Arsawati, Ni Nyoman Juwita
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.v11i2.9630

Abstract

This study aims to analyze and examine legal protection for the eldery as victims of domestic violence. The issue focused on in this study is the gap that occurs in legal protection for the eldery as victims of domestic violence, who do not yet have specific regulations. The method used is normative legal research, using a statutory and conceptual approach. The results of the study indicate that there are problems in legal protection for the eldery as victims of domestic violence. Therefore, in the future, it is considered necessary to update the legal framework to provide specific protection, given that the eldery are a vulnerable group to violence, along with children and women.
Legal Protection for Pharmacists in Performing Pharmaceutical Work, Specifically the Management of Narcotic, Psychotropic, and Precursor Drugs in Healthcare Facilities Rifai, Ibnu Shina; Prastopo, Prastopo
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.v11i2.7310

Abstract

The management of narcotics, psychotropics, and precursor drugs in healthcare facilities is a highly sensitive area prone to abuse. Pharmacists, as healthcare professionals responsible for managing these medications, play a crucial role in ensuring the availability, safety, and appropriate use of drugs for patients. However, in carrying out their duties, pharmacists often face various ethical and legal dilemmas and challenges. On the one hand, pharmacists must ensure that patients receive the right medication according to their medical needs. On the other hand, they must also comply with applicable laws and regulations, which are stringent and complex, regarding the handling of narcotics, psychotropics, and precursors. In some cases, pharmacists may even become entangled in legal issues due to actions taken in the course of their professional duties. Therefore, legal protection for pharmacists in performing pharmaceutical work, especially in managing drugs containing narcotics, psychotropics, and precursors, is crucial. With adequate legal protection, pharmacists can carry out their professional duties more professionally, responsibly, and without fear of legal repercussions. Ultimately, this will positively impact the improvement of healthcare quality for the public
The Aspect of Legal Protection for Consumers in E-Commerce Transactions: A Civil Law Perspective Arismunandar, Achmad; Abustan, Abustan
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.v11i2.8602

Abstract

Online buying and selling transactions have now become one of the most favored methods due to the convenience, speed, and comfort they offer consumers. However, behind this convenience lie various potential risks that may harm consumers, such as fraud, goods that do not match their descriptions, or inadequate after-sales service. The Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata/KUHPerdata), as one of the sources of written law in Indonesia, plays a significant role in providing legal protection for consumers. Although the Civil Code does not specifically regulate online buying and selling transactions, the general principles contained within it remain relevant and can be applied to protect consumer rights. For example, Article 1320 of the Civil Code, which outlines the legal requirements of an agreement, can be used to assess the validity of online transactions. Additionally, Article 1457 of the Civil Code, which defines a sale and purchase agreement, serves as the foundation for evaluating the legal relationship between the seller and the buyer. The type of research used in this legal study is normative legal research, also known as doctrinal legal research. This type of research relies heavily on literature review. The findings of this research show that Article 49 paragraph (1) of Government Regulation on Electronic Systems and Transactions (PP PSTE) emphasizes that business actors offering products through electronic systems are required to provide true, clear, and complete information regarding the products, the producers, and the terms and conditions of the contract. This information must be disclosed before the consumer makes a transaction, so the consumer can make an informed decision and is not harmed by misleading or incomplete information. Paragraph (2) of the same article further clarifies the obligation of business actors to provide clear and transparent information related to the offer of the contract. The Electronic Information and Transactions Law (ITE Law) represents one form of the government's responsibility and concern regarding the rapid development in the field of information and communication technology, especially related to the provision of information and transactions in electronic form. Online buying and selling is a form of contemporary muamalah (commercial transaction) that is permissible in Islam, as long as it fulfills the fundamental principles of a valid contract under sharia. Both the seller and the buyer must uphold ethics, information transparency, and fairness in the transaction. The DSN-MUI fatwa serves as an important reference to ensure that digital economic activities remain aligned with Islamic values.
Analisis Perbandingan Konsep Ganti Rugi dalam Hukum Ekonomi Syariah dan Hukum Perdata Indonesia Sari, 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.v11i2.9731

Abstract

This study aims to analyze the concept of compensation from the perspectives of Islamic economic law and Indonesian civil law. Using a normative and comparative legal approach, it examines the principles of responsibility and justice applied within both legal systems. The findings indicate that Indonesian civil law emphasizes financial compensation for material losses, while Islamic economic law highlights moral values, social balance, and public welfare. In Islamic law, compensation is not limited to monetary payment but may also take other forms that ensure fairness and mutual benefit. Conversely, civil law formally regulates compensation in monetary terms as a result of contractual breaches or unlawful acts. The study suggests that integrating Islamic justice values into Indonesia’s legal framework can create a more balanced and humanistic legal system that harmonizes material and moral aspects of civil responsibility

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