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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 321 Documents
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Land Dispute Resolution Regarding The Sale And Purchase Of Customary Land Based On Rejang Customary Law In Kepahiang Regency From The Perspective Of The Basic Agrarian Law (UUPA) Yusuf, Muhammad Mulyadi; Jaya, Dwi Putra; Aprianto, Sandi
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.v12i2.10463

Abstract

Land is a gift from God Almighty in the form of a natural resource that is essential for humans to meet their needs, both directly for life, such as for farming or for housing, as well as for carrying out their businesses such as for trade, industry, education, and the construction of other facilities and infrastructure. The Land Dispute Law, Regulation of the Head of the Indonesian National Land Agency No. 3 of 2011, explains that a land dispute is land whose ownership is disputed by two parties who wish to claim ownership of the land. Land disputes tend to occur frequently in Indonesia and are one of the most inevitable disputes today. Such disputes can arise for various reasons, such as unclear land boundaries, conflicting ownership claims, inheritance disputes, or changes in spatial planning. To avoid such problems, it is necessary to check the ownership status of the property you are planning to purchase, whether through an intermediary or without an intermediary. Common methods include obtaining a valid land certificate document from a legal entity, as well as the authenticity of the certificate ownership.
The Settlement Of Criminal Disputes Disputes Under National Law Andcustomary Criminal Law In Baturaja Village Community Of Pondok Kubang Sub-District In Central Bengkulu Silviani, Yessi; Royani, Ferawati; Aprianto, Sandi
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.v12i2.10465

Abstract

Sanctions in customary criminal law can be in the form of traditional punishments, such as fines, purification, or ostracism from the community. The formulation of the problem taken in this study is How is the resolution of criminal disputes in the law and customary criminal law in the community of Baturaja Village of Pondok Kubang Sub-District in Central Bengkulu? What are the inhibiting factors in the resolution of criminal disputes in the law and customary criminal law in the community of Baturaja Village of Pondok Kubang Sub-District in Central Bengkulu? The research method in this thesis is an empirical legal method. The empirical approach is used to determine the practice of resolving criminal cases according to customary law that applies in the community. Conclusion Settlement of criminal cases through customary law is a process of resolving cases outside the courts which consists of first, a mediation system with a consensus approach through deliberation. Second, a restorative justice system, a case resolution system with the intention of restoring the conditions arising from the victim therefore a sense of brotherhood between each party is woven back together. The main objective of resolving violations of customary criminal acts is not based on a retributive view (retribution); but as a means of resolving conflicts, maintaining harmonious conditions among community members, and maintaining solidarity.
Analysis A Criminological Study of Supreme Court Decision No. 574K/PID.SUS./2018 on the Criminalization of a Sexual Harassment Victim Resulting in a Conviction, Reviewed under Law Number 12 of 2022 on Sexual Violence Crimes Sumansyah, Riki; Maryani, Desy; Pase, Ana Tasia
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.v12i2.10481

Abstract

The Supreme Court Decision Number 574 K/Pid.Sus./2018 has generated controversy as it is considered to have criminalized a victim of sexual harassment who was ultimately convicted as a defendant. This decision reflects serious problems in the enforcement of criminal law, particularly in relation to the protection of victims of sexual violence. This study aims to examine the decision from a criminological perspective and to review it based on Law Number 12 of 2022 on Sexual Violence Crimes (UU TPKS). The research method employed is normative legal research using a statutory approach, a case approach, and a conceptual approach. The data are derived from primary, secondary, and tertiary legal materials and are analyzed qualitatively. The findings indicate that the Supreme Court decision has not fully reflected the principles of victim protection and restorative justice as mandated by the UU TPKS. From a criminological perspective, the criminalization of victims has the potential to cause secondary victimization and to reinforce a culture of fear in reporting cases of sexual violence. Therefore, a paradigm shift among law enforcement officials is necessary in handling sexual violence cases to ensure alignment with the spirit of victim protection and respect for human rights as stipulated in the UU TPKS
Legal Analysis of the Termination of a Fixed-Term Employment Agreement Based on a Court Decision No: 50/Pdt.Sus-PHI/2025/PN.Mdn Elfhadjri, Ziqra; Nasution, Abdul Razak; Rafianti, Fitri
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.v12i2.10618

Abstract

This study examines fixed-term employment agreements (PKWT) as a form of employment relationship with a limited duration, but often raises legal issues when termination of employment occurs that does not comply with statutory provisions. These issues usually arise from differences of opinion regarding the terms, procedures, and legal protections for workers and employers. This study uses a normative juridical method with a statutory approach and case studies of court decisions. The analysis of Decision Number: 50/Pdt.Sus-PHI/2025/PN.Mdn shows that courts generally emphasize compliance with Law Number 13 of 2003 concerning Manpower, as amended by Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation, in assessing the validity of termination of employment in PKWT. Court decisions also demonstrate efforts to balance the interests of employers with the protection of workers' rights, particularly regarding compensation, damages, and legal certainty. Thus, it can be concluded that the role of the court is very important in providing justice and legal certainty for the parties in employment disputes, while also strengthening the implementation of employment regulations.
Legal Protection for Witnesses in The Criminal Act of Theft Based on The Criminal Code (KUHP) Tarigan, Hendra Julianto Marselinus; Aspan, Henry; Zarzani, Riza
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.v12i2.10622

Abstract

The crime of theft as regulated in Chapter XXII, Article 362 of the Criminal Code is theft in its basic form. The elements are, namely the "objective" element, there is an act of taking, the object taken is something, the item is wholly or partially owned by another person. The crime of theft with violence is regulated in Article 365 of the Criminal Code, and also includes all the elements outlined in Article 363 paragraph 1 of the Criminal Code. This prolonged tendency has ultimately become a taboo in society. The victim is considered the party that receives help, with the assumption of punishing the perpetrator of the crime alone; unless the victim is also a witness, to help in providing evidence in the crime, the rest returns to the goal and view of punishing the perpetrator alone. In Indonesia itself, there are regulations regarding the protection of victims and witnesses, such as in Law Number 13 of 2006 concerning the Protection of Witnesses and Victims. With these regulations, witnesses and victims should receive proper guarantees and not need to feel threatened or harmed. Because victims are the ones who suffer, they should receive assistance or facilitation in reporting or filing complaints with the authorities. Therefore, this research was conducted using normative legal research (normative legal research method). The normative legal research method is a legal literature study conducted by examining literature or secondary data. This research was conducted to obtain materials in the form of theories, concepts, legal principles, and related legal regulations. The data obtained in this study will be analyzed qualitatively in accordance with the specific nature of the research, to examine the relationship between theory and practice in witness protection in theft crimes. Qualitative data analysis. Legal protection for witnesses and witnesses in theft crimes involves guaranteeing a sense of security from potential threats arising from the presence of a suspect or his accomplice. Legal protection for victims of theft crimes, although it has been implemented well, it would be better if there were efforts made by law enforcement officers in overcoming or suppressing the occurrence of violent theft crimes by conducting education on the dangers of theft crimes, patrolling, and also forming community groups that are responsive to a crime. By paying attention to law enforcement officers in making policies towards victims and witnesses, they pay more attention to the aspect of interest in this case, victims and witnesses as people who suffer physically and mentally really need all efforts or policies that support the achievement of justice that should be obtained by the victims.
A Criminological Study Of The Impact Of Murder On The Community And Online Motorcycle Ticket Drivers Hairani, Tika; Syahranuddin, Syahranuddin; 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.v12i2.10669

Abstract

This study examines how robbery crimes impact society and online motorcycle taxi drivers in Indonesia from a criminological perspective. The increase in street crime, particularly robbery, indicates a lack of legal protection for informal sector workers who work in public environments. This study uses normative law, employing a legislative and conceptual approach. The results of the study show that regulations protecting online motorcycle taxi drivers do not fully ensure their safety at work. Robbery causes material losses, emotional trauma, and a sense of insecurity in the community. From a criminological perspective, economic pressure, social inequality, and a lack of social bonds are the main causes of robbery. To prevent similar cases from recurring, the government and law enforcement agencies must strengthen law enforcement, improve social protection, and increase surveillance in crime-prone areas.
A Juridical Analysis Of Legal Protection For Doctors And Patients In Medical Aesthetic Services (A Review Under Law No. 17 Of 2023 On Health And Law No. 8 Of 1999 On Consumer Protection) Syarif, Frien Refla; Simarmata, Marice
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.v12i2.10671

Abstract

The field of medical aesthetics has experienced rapid growth in recent years, in line with the increasing public awareness of the importance of appearance, skin care, and technological advancements in aesthetic medicine. However, behind this progress lie several legal issues that require serious attention, including unauthorized medical practice, alleged malpractice, and the inadequate legal protection afforded to both patients and medical practitioners. This study aims to examine the forms of legal protection available to doctors and patients in the practice of medical aesthetic services, with reference to Law Number 17 of 2023 on Health and Law Number 8 of 1999 on Consumer Protection. The research employs a normative juridical (doctrinal) method using a statute approach and a conceptual approach. The analysis is carried out qualitatively by examining primary, secondary, and tertiary legal materials. These two legal instruments serve as the primary foundation for ensuring legal protection for both parties; however, their implementation still requires derivative regulations and clearer enforcement mechanisms to strengthen their effectiveness. The government, the Professional Discipline Council, and the public are expected to play an active role in establishing an aesthetic medical service system that is safe, ethical, and equitable. Reforms to Indonesia’s health law framework should be directed toward an integrative and humanistic model of legal protection—one that not only safeguards medical practitioners from potential criminalization but also ensures patient safety and the protection of patients’ rights as consumers of aesthetic medical services. This study is expected to provide new perspectives and contribute to the growing body of literature in the field of health law in Indonesia.
Cargo Manifest Forgery by Shipping Administration Officers under Indonesian Criminal and Shipping Law Mahazalien, Zulfan Noor; Soekorini, Noenik; Hartoyo, Hartoyo; Ayuningtyas, Fitri; Marwiyah, Siti
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.v12i2.10695

Abstract

This study examines the criminal liability of shipping administrative officers (krani) involved in the forgery of shipping documents without physical verification. The analysis refers to Article 263 of the Indonesian Criminal Code and Law No. 17 of 2008 on Shipping. It focuses on the dual role of the krani as both a technical executor and a subject of criminal liability, as illustrated in District Court Decision No. 323/Pid.Sus/2017/PT.DKI. Employing a normative legal method with statutory, conceptual, and comparative approaches, the study draws upon statutory provisions, legal doctrines, and relevant jurisprudence. Findings indicate that shipping officers hold a crucial legal position within corporate responsibility chains. However, the regulatory framework lacks explicit boundaries regarding their authority and liability. The court concluded that the defendant had actively prepared and signed falsified documents without conducting proper verification, fulfilling the elements of criminal offense. Nevertheless, assigning criminal blame solely to lower-level officers may risk abuse of hierarchical power and allow impunity for supervisory officials. The study underscores the need for clearer legal norms delineating criminal responsibility between administrative personnel, superiors, and corporate entities. It recommends strengthening internal controls and implementing continuous compliance training to prevent the unjust criminalization of technical staff lacking substantive decision-making authority.
Analysis of the Security System at Class II A Kupang Correctional Institution in Preventing Inmate Escape Cases Putri Aliman, Shalsabilah; Amalo, Heryanto; Sonbait, Sigit Prabowo
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.v12i2.10763

Abstract

This study examines the implementation and effectiveness of the security system at Class IIA Kupang Correctional Institution in preventing inmate escape cases. Using an empirical juridical approach with a qualitative descriptive method, the research analyzes the application of security regulations in practice and identifies factors influencing their effectiveness. The findings reveal that the security system has been implemented through three primary mechanisms: static security, dynamic security, and procedural security. These measures have been carried out in accordance with Law Number 22 of 2022 concerning Corrections and Regulation of the Minister of Law and Human Rights Number 33 of 2015 concerning Security in Correctional Institutions and Detention Centers. Physical security arrangements, dynamic supervision by officers, and the implementation of standard operating procedures (SOPs) have formally functioned as required by applicable regulations. However, despite the availability of a structured regulatory framework and established security mechanisms, the effectiveness of the system in practice remains constrained. The study indicates that operational challenges limit the optimal prevention of inmate escapes. The effectiveness of the security system is significantly influenced by several interconnected factors, including limited human resources, inadequate security facilities and infrastructure, and the high density of inmates. These factors collectively affect the overall security environment and hinder the full realization of preventive objectives. In conclusion, although the security system at Class IIA Kupang Correctional Institution is normatively well-designed, its practical implementation has not yet achieved optimal effectiveness in preventing inmate escapes.
Legal Review Of The Role Of The Police In Combating Online Gambling Crime Based On Criminology Theory (Case Study In The Jurisdiction Of The Bengkulu City Police) Syaipullah, Ramadhan; Royani, Ferawati; Timur, Widya
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.v12i2.10797

Abstract

Online gambling is a crime that continues to grow with advances in information technology. Although prohibited by Articles 303 and 303 bis of the Criminal Code and the Electronic Information and Transactions (ITE) Law, this practice remains widespread due to its anonymous, cross-border, and digital nature. This phenomenon also occurs within the jurisdiction of the Bengkulu City Police, marked by an increase in the number of online gambling cases handled. This study aims to analyze the role of the Bengkulu City Police in combating online gambling and assess the effectiveness of its legal regulations based on criminological theory. The method used is empirical juridical legal research through literature review and interviews. The results show that the Bengkulu City Police have implemented preventive, preemptive, and repressive efforts through outreach, cyber patrols, law enforcement, and collaboration with relevant agencies. However, implementation still faces obstacles such as limited resources, the technological sophistication of perpetrators, and low digital literacy among the public. Based on the theories of social control and differential association, online gambling is influenced by weak social oversight and the digital environment. This study concludes that the role of the police has been running, but not optimally, so that it is necessary to strengthen regulations, increase the capacity of officers, and synergy between related parties.

Page 28 of 33 | Total Record : 321

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