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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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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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Criminological Study of Criminogenic Behavior in the Practice of Kizomba Dance within the Community of Miomaffo Tengah Subdistrict, North Central Timor Regency Kofi, Amandus Sali; Medan, Karolus Kopong; Dima, Adrianus Djara
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.v12i2.10855

Abstract

This study aims to analyze the practice of Kizomba dance as criminogenic behavior and to examine the efforts undertaken to address conflicts arising from its practice in Miomaffo Tengah Subdistrict, North Central Timor Regency. This research employs a qualitative method with criminological and sociological approaches, using interviews, observations, and documentation techniques. The findings indicate that the practice of Kizomba dance has generated social reactions in the form of anxiety, tension, and social stigma among segments of the community, as it is perceived to be inconsistent with customary values, norms of decency, and religious teachings upheld within the local society. Although it does not always result in officially reported criminal acts, the practice has the potential to function as a criminogenic factor that triggers latent conflicts, particularly when influenced by alcohol consumption, peer group pressure, and weak social control. Conflict mitigation efforts are carried out through pre-emptive, preventive, and repressive approaches. Pre-emptive measures include legal education and socialization programs conducted by law enforcement authorities in collaboration with traditional and religious leaders. Preventive efforts involve limiting party hours, supervising alcohol consumption, enforcing public order regulations, and promoting local traditional dances as alternative forms of entertainment. Repressive measures are implemented through customary mediation, the application of social and traditional sanctions (Na’opab), and criminal law enforcement when conflicts escalate into criminal offenses. The study concludes that synergy between state law and customary law plays a crucial role in controlling potential conflicts, although strengthening local regulations and enhancing collective community awareness remain necessary for sustainable conflict management.
Juridical Analysis of Sentencing Disparity in Cases of Joint Commission of Rape and Murder by a Minor in Palembang Aprialda da Silva, Welmar Sonia; Pello, Jimmy; Manuain, Orpa G.
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.v12i2.10887

Abstract

This study examines sentencing disparity in cases involving joint participation in rape and murder committed by minors in Palembang. Significant differences in sanctions imposed on several minors involved in the same series of serious crimes raise juridical issues concerning the application of the principle of individual criminal responsibility and proportionality within the juvenile justice system. The research addresses two main questions: why sentencing disparity occurs in such cases and how sentencing should be imposed in accordance with prevailing legal principles. The objective is to analyze the causes of disparity and to formulate an appropriate sentencing framework that reflects justice and balances the protection of child offenders with victims’ rights. This research employs a normative juridical method using statutory, case, and conceptual approaches. Primary, secondary, and tertiary legal materials are analyzed qualitatively through legal interpretation and reasoning methods. The findings indicate that sentencing disparity arises from the suboptimal application of individual criminal responsibility in the context of participation. Judicial considerations tend to emphasize age and the position of the principal offender without proportionally linking them to the level of involvement, intent, and actual contribution of each minor. As a result, the sentencing decisions create imbalances that do not fully reflect proportionality, equality before the law, and substantive justice within the juvenile justice system. Therefore, judges should place greater emphasis on analyzing each offender’s individual role and consistently apply the principle of individual criminal responsibility to ensure a fair balance between child protection and justice for victims.
Juridical Study of the Practice of Fishing Using Explosives (A Case Study of Fishermen on Semau Island Poto, Herli Paulus; Pello, Jimmy; Wilhelmus, Bhisa Vitus
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.v12i2.10892

Abstract

The practice of fishing using explosives is a form of destructive fishing that not only violates fisheries law but also causes serious impacts on the sustainability of marine ecosystems and the socio-economic life of coastal communities. Although it has been strictly regulated under Law Number 45 of 2009 concerning Fisheries and reinforced by the Minister of Marine Affairs and Fisheries Regulation Number 36 of 2023, this illegal practice continues to occur in several coastal areas, including Semau Island, Kupang Regency, East Nusa Tenggara Province. This study aims to analyze the factors that cause fishermen on Semau Island to continue using explosives in fishing activities despite legal prohibitions, and to examine the juridical impacts on perpetrators, communities, and marine ecosystems. This research employs an empirical legal research method with a case study approach. Data were obtained through interviews with fishermen, law enforcement officers from the Marine and Air Police Directorate (Ditpolairud), and other related stakeholders. These data were supported by document studies of legislation, court decisions, and relevant legal literature. The data were analyzed using a descriptive qualitative approach based on theories of law enforcement, legal certainty, criminal liability, and legal awareness. The findings reveal several key factors encouraging fishermen to continue using explosives, including economic pressure and livelihood needs, time efficiency with larger catches, easy access to explosive materials, long-standing fishing traditions, low levels of legal awareness and compliance, and limited alternative livelihoods. Furthermore, the practice results in juridical consequences in the form of criminal sanctions for offenders, socio-economic losses for coastal communities, and severe damage to marine ecosystems, particularly coral reefs and fish resources. In addition, weak law enforcement and the limited deterrent effect of court decisions have reduced the effectiveness of legal implementation in practice. This study concludes that a gap still exists between legal norms and their practical implementation in fishing activities on Semau Island. Therefore, stronger law enforcement, increased legal awareness among fishermen, and integrated policies addressing legal, social, economic, and environmental aspects are necessary to achieve sustainable and equitable fisheries resource management.
Law Enforcement and Protection for Child Victims of Sexual Violence: A Case Study in Tesi Ayofanu Village, South Central Timor Regency Kase, Samuel Jarno; Leo, Rudepel Petrus; Manafe, Deddy R. Ch.
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.v12i2.10937

Abstract

Penelitian ini bertujuan untuk menganalisis mekanisme penegakan hukum serta efektivitas perlindungan hukum terhadap anak korban tindak pidana kekerasan seksual, dengan mengambil studi kasus pada korban berinisial MK di Desa Tesi Ayofanu. Penelitian ini menggunakan pendekatan yuridis empiris dengan metode penelitian kualitatif. Data dikumpulkan melalui wawancara, observasi, serta dokumentasi terhadap aparat penegak hukum, tenaga medis, aparat desa, dan masyarakat setempat. Hasil penelitian menunjukkan bahwa proses penegakan hukum diawali dari laporan masyarakat yang dipicu oleh kontrol sosial informal berupa desakan warga setempat. Kepolisian melalui Unit Perlindungan Perempuan dan Anak (Unit PPA) telah menerapkan prinsip perlakuan khusus terhadap korban anak dengan melakukan pemeriksaan di ruang ramah anak guna meminimalkan trauma psikologis korban. Selain itu, koordinasi antar lembaga antara kepolisian, tenaga medis di Puskesmas, serta pemerintah desa berperan penting dalam mengungkap upaya manipulasi identitas yang diduga dilakukan oleh pelaku. Dari perspektif yuridis, perlindungan hukum terhadap anak korban kekerasan seksual telah memiliki dasar hukum yang kuat melalui Undang-Undang Perlindungan Anak dan Undang-Undang Tindak Pidana Kekerasan Seksual yang memberikan instrumen pemberatan pidana, legalitas visum et repertum sebagai alat bukti, serta hak restitusi bagi korban. Namun demikian, proses penegakan hukum masih menghadapi berbagai hambatan non-yuridis seperti relasi kuasa yang timpang akibat status sosial pelaku sebagai tokoh agama, faktor kemiskinan, serta adanya kecenderungan masyarakat untuk menutup-nutupi kasus melalui mekanisme penyelesaian informal. Penelitian ini menunjukkan bahwa keberhasilan penegakan hukum dalam kasus kekerasan seksual terhadap anak sangat dipengaruhi oleh sinergi antara sistem hukum formal dan kontrol sosial masyarakat dalam mendorong terciptanya keadilan bagi korban
Legal Review Of The Determination Of Child Custody Rights After Divorce From The Perspective Of Indonesian Civil Law Lubis, Syna Ardia Putri; Fitrianto, Bambang; Siagian, Asman
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.v12i2.10970

Abstract

The determination of child custody rights after divorce is an important issue in family law in Indonesia because divorce can have an impact on the mental condition and growth and development of children. Therefore, clear regulations are needed to ensure that children's rights are protected. This study aims to analyze the determination of child custody after divorce based on the perspective of Indonesian civil law and the forms of legal protection provided to children. The research method used is normative juridical, examining relevant legislation, doctrine, and legal literature. The results of the study show that the determination of child custody is not only based on the biological relationship between parents and children, but also prioritizes the principle of the best interests of the child. These provisions are regulated in Law Number 1 of 1974 concerning Marriage, Law Number 23 of 2002 in conjunction with Law Number 35 of 2014 concerning Child Protection, and the Compilation of Islamic Law (KHI). Even in the event of divorce, both parents remain obligated to care for, educate, and provide for the child. Legal protection of children encompasses all activities to guarantee and protect children and their rights so that they can live, develop, and grow properly and receive protection from violence and discrimination. Legal protection for children is all activities to guarantee and protect children and their rights so that they can live, develop, and grow properly, and receive protection from violence and discrimination. Child protection in the event of parental divorce is closely linked to the parents' authority, even if the marriage ends due to divorce initiated by both parents. Therefore, legal protection for children after divorce is not solely the responsibility of one parent, but rather of both parents, the father and mother of their children. The state also has a responsibility through the courts to provide legal certainty and guarantee the future of children so that they do not become victims of their parents' divorce.
Law Enforcement On The Safeguarding Of Evidence That Has Become Legally Binding (In Kracht Van Gewijsde) In Corruption Crimes (A Study At The Attourney’s Office Of South Tapanuli District) Sinaga, Stiven Jhasen; Ramadani, Suci; Ismaidar, Ismaidar
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.v12i2.10972

Abstract

Corruption is a form of crime that has a direct impact on the welfare of society. Corruption is an unlawful act carried out to enrich oneself, another person, or a corporation, which is detrimental to state finances or the country's economy. Corruption is also a crime that is included in the category of special crimes because it has different specifications from general crimes both in procedural law and material (substance), especially in the handling of evidence of special crimes whose origins must be examined so that the handling of the crime does not harm parties who are not involved. Corruption is also regulated in various regulations such as Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, Law Number 15 of 2002 concerning the Crime of Money Laundering, Law Number 30 of 2002 concerning the Corruption Eradication Commission, the latest Criminal Code (Law Number 1 of 2023), and so on. The law has regulated a number of provisions aimed at strengthening and perfecting the eradication of corruption in Indonesia as well as anticipating and eradicating various increasingly sophisticated corruption modes, as well as increasing the effectiveness of law enforcement related to corruption crimes. The method used is an empirical juridical approach with direct field research studies at the South Tapanuli District Attorney's Office. Mechanisms and Procedures for Securing Evidence in Corruption Crimes according to the provisions of the Criminal Procedure Code and the Corruption Crime Law. The provisions of evidence according to the Criminal Procedure Code are regulated in articles 39-46 of the Criminal Procedure Code starting from Confiscation, Storage of Confiscated Objects, Management of Confiscated Objects / evidence after having permanent legal force. Meanwhile, Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Corruption Crimes regulates more specifically the management of evidence, especially related to assets resulting from corruption by means of Asset Confiscation (Article 18 of the Corruption Law). Confiscation of Assets suspected of originating from criminal acts of corruption, Blocking and Custody, to Execution of Decisions. The Role of the Prosecutor's Office in Securing Evidence that has been In Kracht in corruption cases. The Prosecutor's Office through the Asset Recovery and Evidence Management division has a role in managing evidence as regulated in the Regulation of the Attorney General of the Republic of Indonesia Number: PER-027/A/JA/10/2014 Concerning Guidelines for Asset Recovery. In practice, the management of evidence carried out by the Prosecutor's Office through the Asset Recovery and Evidence Management Division consists of 5, namely: Direct Sales, Indirect Sales, Determination of Use Status, Grants, and Destruction. Implementation of Evidence Securing in the Practice of Corruption Law Enforcement at the South Tapanuli District Prosecutor's Office. Evidence Securing in criminal acts of corruption at the South Tapanuli District Prosecutor's Office often takes the form of documents, financial transactions, and letters.
Legal Protection for Companies Experiencing Boycott Practices from the Perspective of Economic Law Enforcement Bodamer, Siska Fitria; Sendy, Beby; Fitrianto, Bambang
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.v12i2.10979

Abstract

This study aims to analyze legal protection for companies experiencing boycott practices from the perspective of Indonesian economic law enforcement, particularly through Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. The research employs a normative juridical method with a literature-based approach, utilizing statutory regulations, books, official documents, publications, and prior research findings as supporting materials. The results indicate that the mechanisms of the Business Competition Supervisory Commission (KPPU) are effective in protecting affected parties through investigations and binding decisions. However, challenges remain, including legal uncertainty arising from MUI Fatwa No. 83 of 2023 and the spillover effects of losses along supply chains, which necessitate normative synchronization. The conclusion emphasizes the need to balance consumer rights and economic efficiency, and recommends the establishment of boycott verification guidelines and the strengthening of enforcement mechanisms to ensure business certainty.
Asset Recovery Mechanism for Victims of Illegal Investment Fraud : “A Comparative Study of Indonesia and Malaysian Law (Analysis of the Binomo Case Decision) Simatupang, Efika Weny Meida; Diati, Ranisa; Wahyudi, Slamet Tri; Supardi, Supardi
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.v12i2.10996

Abstract

Illegal investment fraud through binary option platforms such as Binomo has caused massive financial losses to thousands of victims in Indonesia. This study aims to analyze the asset recovery mechanism for victims of illegal investment fraud within the Indonesian legal system based on an analysis of the Binomo case verdict, and to compare it with the asset recovery mechanism under Malaysian law. This research employs a normative legal research method with statutory, case-based, and comparative approaches. The findings indicate that Indonesian law has provided asset recovery mechanisms through restitution, joinder of compensation claims in criminal proceedings, and asset forfeiture under the Anti-Money Laundering Law; however, their implementation remains inconsistent, as reflected in the Binomo case rulings. In contrast, Malaysia through AMLATFPUAA 2001 offers a more comprehensive framework, including civil forfeiture without requiring full criminal conviction. This study recommends the adoption of a non-conviction based forfeiture mechanism and the establishment of a dedicated asset management institution in Indonesia as a strategic step toward legal reform.
Criminal Liability Of Perpetrators Of Murder In The Perspective Of Law No. 1 Of 2023 On The Criminal Code (KUHP) Simanullang, Pio Andina Serepina; Syahranuddin, Syahranuddin; Zarzani, T. 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.v12i2.11010

Abstract

The enactment of Law No. 1 of 2023 brings fundamental changes to the Indonesian criminal law landscape, particularly regarding criminal liability for homicide. This study aims to analyze the construction of criminal liability for homicide perpetrators based on Articles 458-462 of the National Criminal Code, and the implications of the new paradigm of sentencing objectives in Articles 51-54. The research method employed is normative juridical with a legislative approach. The study results show that the National Criminal Code emphasizes a balance between legal certainty and restorative justice, where sentencing is no longer merely retributive, but rather an effort toward rehabilitation and conflict resolution.
Ability Correctional Institutions In Preventing Recidivism (Study At Class IIA Langkat Narcotics Prison) Nst, Nur M. Fadli; Bintang, Hasdiana Juwita; Fikri, Rahul Ardian
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.v12i2.11012

Abstract

The strong correlation between crime and social interaction is implicitly reflected in the Criminal Code (KUH Pidana), which states that crime is essentially rooted in social interaction. And when that interaction causes harm to another party, a crime occurs. This is the premise that describes how the correlation between crime and social interaction is established. When a harmful act is regulated by criminal law, it is no longer categorized as merely a crime but becomes a criminal offense. This definition defines the act as behavior that, at a given time and within a given cultural context, is considered intolerable and must be corrected through the use of legal means. The author's background in formulating the problem in this research is:How is the capability of Correctional Institutions in Preventing Recidivism in Class IIA Langkat Narcotics Prison in an effort to prevent the phenomenon of repeated criminal acts? This research is a normative-empirical research with a live-case study category based on empirical observations of the implementation of provisions of correctional laws and regulations in Class II A Langkat Narcotics Prison to evaluate the effectiveness of the guidance of inmates in it related to efforts to prevent repeated criminal acts (recidive). He acknowledged that repeat offenders in the Class IIA Langkat Narcotics Prison experience annual recidivism. Therefore, he believes recidivism in his area is a common occurrence, as crime, which is a part of society, also accompanies crime. Where there is society, there is law; where there is law, there is crime; and where there is crime, there is recidivism. Therefore, the goal of rehabilitation is not to eliminate recidivism but to minimize it. To prevent character-based recidivism, the Class II A Langkat Narcotics Prison collaborates with Islamic, Christian, Hindu, and Buddhist religious leaders to provide regular spiritual guidance. This ensures that mental and spiritual development activities can benefit inmates.

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