cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
KARONA CAHYA SUSENA
Contact Email
karona.cs@unived.ac.id
Phone
+6281541234500
Journal Mail Official
karona.cs@unived.ac.id
Editorial Address
Fakultas Hukum Universitas Dehasen Bengkulu Jl. Meranti Raya No. 32 Sawah Lebar Kec. Ratu Agung, Kota Bengkulu 383228
Location
Kota bengkulu,
Bengkulu
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 321 Documents
 25   26   27   28   29 
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
The System of Inheritance Distribution in Dusun Pulau Community, Air Rami District: A Comparative Study of Pekal Bacakuk Kayu Customary Law and Islamic Law Prianto, Rocky Eric; Putra, Deyan Ajian; Ridev, Ghania Khalisa; Zidane, Muhammad Azka
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10948

Abstract

One of the common issues in contemporary society is the problem of inheritance distribution systems, which are influenced by legal pluralism, including customary law, Islamic law, and western law. These differing legal systems often lead to inconsistencies in inheritance practices within communities. This study aims to analyze the comparison between the inheritance distribution system under Pekal Bacakuk Kayu customary law and Islamic inheritance law in the Dusun Pulau community, Air Rami District. This research is an empirical legal study supported by a normative approach, with data collection conducted through interviews and literature review. The data were analyzed qualitatively using an inductive reasoning method. The results show that under Pekal Bacakuk Kayu customary law, the inheritance system follows a matrilineal pattern, where daughters are considered the primary or even sole heirs, while sons do not receive any inheritance rights. This system is based on social values, customs, and the function of property in maintaining family continuity. In contrast, Islamic inheritance law stipulates a proportional and clearly defined distribution, where male heirs receive twice the share of female heirs, reflecting their economic responsibilities. This difference indicates the existence of legal pluralism within society, resulting in differing concepts of justice between customary law and Islamic law. Therefore, efforts toward harmonization are necessary to create a fair inheritance system that aligns with societal values.
Problematika Kedudukan Direktur yang Merupakan Penjamin Perorangan (Personal Guarantee) sebagai Termohon PKPU Problems of the Position of Directors Who Are Individual Guarantor (Personal Guarantee) as Respondents in PKPU Manullang, Wanako Bicton
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10121

Abstract

This study aims to determine the legal position of directors in debt agreements accompanied by personal guarantees. In this study, the method used is doctrinal research, which means a literature study in which the author intends to use existing legal materials or secondary data. The conclusion that can be obtained is that the position of a guarantor in the Debt Payment Suspension (PKPU) process is essentially the last layer when the main debtor is no longer able to fulfill their debt payment obligations. Legally, although the guarantor bears subsidiary obligations like the debtor, the main purpose of PKPU is to provide the main debtor with the opportunity to restructure the debt through a peace plan, not to carry out direct collection.
The Role Of Advocates In The Legal Protection Of Children Accused Of Committing Narcotics Crimes Based On Law Number 11 Of 2012 Concerning The Criminal Justice System For Children Kaban, Sukma Yertina; Hasibuan, Lidya Rahmadhani; Nasution, Chairuni
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10196

Abstract

Advocates play a crucial role as legal defenders, particularly in upholding children's rights, from the investigation stage to court decisions. This study aims to analyze the role of advocates in the legal assistance process for children accused of drug offenses and to examine the implementation of the principles of legal protection for children as stipulated in Law Number 11 of 2012. The handling of cases involving child drug offenders must prioritize diversion as a means of resolving the case outside the criminal justice process to avoid the negative impacts of detention and harsh sentences. The legal protection provided by advocates extends beyond defense in court, but also includes assistance during the investigation, prosecution, and trial to ensure the best interests of the child. The research method used is a normative juridical approach, examining laws and case studies. The results indicate that advocates' responsibilities extend beyond formal defense to children, including legal education, ensuring fair legal proceedings, and promoting restorative justice as mandated by the Children's Juvenile Justice Law. However, in practice, challenges remain, including a lack of understanding among advocates regarding child protection approaches and a limited availability of advocates with specialized competencies in child advocacy. Therefore, ongoing training and supporting regulations are needed to strengthen the role of advocates in realizing a just and humane juvenile criminal justice system.
The Role Of Evidence In Proving Cases Of Sexual Violence Against Women Based On Article 184 Of The Kuhap Br Tarigan, Nur Aini Sandyta; Sahlepi, Muhammad Arif; Tanjung, Andry Syafrizal
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10294

Abstract

Legal protection in social life is crucial to protect people from violations of norms. Legal norms are needed in cases of sexual violence, encompassing various forms of physical, psychological, sexual, or economic suffering. Cases of violence against women are a topic of criminal procedure, particularly in the evidentiary process. Violence against women often faces evidentiary challenges due to the hidden nature of the crime, and victims often find it difficult to provide direct evidence. Collecting and presenting evidence in cases of violence against women faces various complex challenges. One of the main challenges is the often personal nature of the violence, making it difficult to obtain objective evidence. Another factor is that victims of violence often experience profound psychological trauma, which also affects the consistency or completeness of their testimony before investigators or the court. Shame, fear of social stigma, or threats from the perpetrator often make victims reluctant to report the incident. These obstacles require the involvement of experts from the National Commission on Violence Against Women (Komnas Perempuan), as well as legal services and assistance. Standard proof in cases of violence against women prioritizes the integration of various forms of evidence in accordance with Article 184 of the Criminal Procedure Code.
Akibat Hukum Klien Yang Wanprestasi Terhadap Success Fee Kepada Kuasa Hukum Yang Menangani Perkara Ditinjuau Dari Hukum Perdata Dan Undang-Undang Advokat (Studi Kasus Kantor Hukum Kota Bengkulu) Wandira, Dia Ayu; Jaya, Dwi Putra; Pase, Ana Tasa
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10462

Abstract

In a success fee agreement, there is a period of time given to the legal counsel, but clients often fail to fully comply with it, resulting in default. This study is an empirical legal study on the Legal Consequences of Client Default on Success Fees to Legal Counsel as viewed from Civil Law and the Advocate Law, with a case study at a law firm in Bengkulu City. Breaches of contract often occur when clients do not pay success fees after winning a case, even though the relationship between clients and advocates is a contract that gives rise to rights and obligations as stipulated in the Civil Code and the Advocate Law. This study aims to determine the legal consequences of client default and the legal measures that can be taken by attorneys. The results of the study show that clients who do not fulfill their payment obligations are considered negligent in accordance with Article 1238 of the Civil Code. Attorneys have the right to issue a summons, and if it is still not fulfilled, they can claim damages based on Article 1243 of the Civil Code. The legal measures commonly taken are warnings, summonses, negotiations, and mediation, as confirmed through interviews with advocates in Bengkulu City. These measures are in accordance with the provisions of Law Number 18 of 2003 concerning Advocates.

Page 27 of 33 | Total Record : 321

 25   26   27   28   29 

Filter by Year

2015 2026


Reset
Filter By Issues
All Issue Vol 12 No 1 (2026): April Vol 11 No 2 (2025): Oktober Vol 11 No 1 (2025): April Vol 10 No 2 (2024): Oktober Vol 10 No 1 (2024): April Vol 9 No 2 (2023): Oktober Vol 9 No 1 (2023): April Vol 8 No 2 (2022): Oktober Vol 8 No 1 (2022): April Vol 7 No 2 (2021): Oktober Vol 7 No 1 (2021): April Vol 6 No 2 (2020): Oktober Vol 6 No 1 (2020): April Vol 2 No 2 (2019) Vol 2 No 1 (2019) Vol 1 No 2 (2017) Vol 1 No 1 (2015) More Issue