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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 321 Documents
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Pelaksanaan Penyidikan Penyidik Pegawai Negeri Sipil Dinas Tenaga Kerja Dan Transmigrasi Prov.Sulsel Terhadap Pelanggaran Ketenagakerjaan Palamma, Udin; Hamzah, Hartono; Rasyid, Wahyu; Hidayat, Asrul
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.v12i2.11023

Abstract

This study aims to study and analyze (1) How is the implementation of investigation by investigating civil servant employment for violation of labor laws, (2) whether the constraints experienced by the civil servant investigator in the field of employment against labor violations. The method used is descriptive and includes views of objective empirical research. Research sites in manpower and transmigration sulsel.htm province, police Sulselbar, Reported (Entrepreneur), Rapporteur (Workers). Data used include primary data and secondary data. Techniques of data collection through interviews, questionnaires and distribute both the research literature books, legislation, papers, results of previous studies, documents, and so on. Analysis of the data using qualitative analysis.Based on this study, the investigation result that implementation of labor law violations committed by employment investigators conducted under the provisions of the Criminal Procedure Code which governed most of the violators of labor laws that are subject to sanctions of administrative actions. Perpetrators of violations of labor laws are examined and sentenced by the court, the amount is very little. Constraints are related to the budget allocation is still inadequate, human resources are not sufficient, in terms of both quality and quantity, investigators are still attached to the work areas / activities. have good coordination between police and prosecutors. And the need for centralized with the central government investigators. The solution should be given priority in the budget to support the provision of law enforcement duties by labor investigators. In order to improve the quality, ability and integrity of the investigators, investigators need all called to follow the development of quality education and comprehensive standards. To increase the motivation of labor investigators, need to be given as well as the functional benefits to them. Coordination that is horizontal with the prosecutor agencies should be improved, in order to avoid return of the case file until a few times. Investigators should be centralized so that employment is not easy to be intervened by the leader/ head area.
Legal Analysis Of Law Enforcement Against Children As Perpetrators Of Sexual Abuse From A Restorative Justice Perspective Lase, Nia Agustri; Siregar, Fitria Ramadhani; Sahlepi, Muhammad Arif
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.v12i2.11027

Abstract

Law enforcement against children as perpetrators of sexual abuse often faces a dilemma between the principles of child protection and restorative justice. This study aims to analyze the legal application of restorative justice in cases involving children who commit sexual abuse in Indonesia, focusing on Law No. 11 of 2012 concerning the juvenile criminal justice system and Law No. 35 of 2014 concerning child protection. The approach used is normative legal analysis of legislation, court decisions, interviews, and literature studies. The results show that restorative justice can be an effective alternative to reduce stigmatization and support the rehabilitation of child perpetrators, but its implementation is still hampered by a lack of coordination between institutions, such as the police, prosecutors, and child protection agencies, as well as minimal victim participation in the mediation process. The restorative justice perspective offers a holistic approach that prioritizes the restoration of social relationships, the prevention of recidivism, and children's rights, but requires regulatory strengthening to ensure balance with the rights of victims.
Implementation Of Law Enforcement In Cases Of Child Neglect In The Household According To Child Protection Law (Decision Study Number: 30/Pdt.G/2020/Pn.Amb) Hasibuan, Loppo Halomoan; Bintang, Hasdiana Juwita; Sendy, Beby
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.v12i2.11065

Abstract

Child neglect within the household constitutes one of the forms of violation of children’s rights that still frequently occurs in Indonesia. Although legal instruments are already in place, the enforcement of the law in cases of child neglect has not yet been implemented optimally. The issues examined in this study include: the general provisions concerning child neglect within the household under the Child Protection Law; the obstacles in enforcing cases of child neglect; and the efforts to optimize law enforcement in child neglect cases based on Decision Number 30/Pdt.G/2020/PN.Amb. The research method employed is normative legal research with a descriptive-analytical nature. The data consist of primary, secondary, and tertiary legal materials obtained through library research. The analysis was conducted qualitatively by examining statutory regulations, legal doctrines, legal theories, as well as relevant court decision case studies. The results of the study indicate that, normatively, child neglect has been categorized as a violation under Article 76B in conjunction with Article 77B of the Child Protection Law. However, in judicial practice, child neglect is more frequently positioned as grounds for divorce in civil cases without imposing criminal liability on negligent parents. The analysis of the Ambon District Court Decision Number 30/Pdt.G/2020/PN.Amb demonstrates a tendency for judges to focus solely on the aspect of divorce, while the issue of child neglect is not addressed at allThe conclusion of this study emphasizes that the implementation of law enforcement against child neglect within the household remains weak and lacks integration between civil and criminal aspects. Therefore, it is necessary to optimize law enforcement through preventive measures, strengthening the role of state institutions, increasing public legal awareness, and applying the principle of the best interest of the child. It is recommended that courts become more responsive to issues of child neglect, that the government strengthen regulations and inter-agency coordination, and that society take a more active role in preventing and reporting cases of child neglect.
Women's Agency In Divorce From Stigma To Access To Justice (Study Of Decision Number 1771/Pdt.G/2025/Pa.Mdn) Aulia, Fatma; Nurhayati, Siti; Bintang, Hasdiana Juwita
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.v12i2.11077

Abstract

Women's agency in divorce cases demonstrates a shift in women's position from passive parties to active legal subjects in fighting for their rights through the courts. Divorce is not only understood as the end of a marriage, but also as a form of women's legal awareness in facing injustices that exist amidst a social structure that still influences patriarchy. This study focuses on the reform of women's institutions in the divorce process as well as the obstacles and supporting factors that influence it. The method used is normative-empirical law, with a normative approach to legislation and an empirical approach through interviews with judges, clerks, and plaintiffs at the Medan Religious Court. The results of the discussion indicate that, in terms of legal regulations, Law Number 1 of 1974 has provided a strong legal basis for women to face challenges such as limited legal information, social stigma, family pressure, and administrative restrictions. On the other hand, assistance, support from the Understanding Institute, the availability of legal facilities, and the gender-sensitive attitudes of judges play an important role in strengthening women's institutions to achieve real justice.
Resolution Of Labor Legal Problems Between Companies And Employees Through Mediation With Trade Unions Throughhout Indonnesia (Case Study At PT. Sawit Panen Terus) Amanda, Ega Dwi; Nurhayati, Siti; Radityo, Mochammad Erwin
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.v12i2.11079

Abstract

Industrial relation between companies and employees are a fundamental factor in the world of employment that must be built on a sense of balance, fairness, and mutual respect. However, in practice, disputes between the two parties are not uncommon. The settlement of industrial relations disputes through mediation is a process in which the parties resolve their issues with the assistance of a neutral mediator. Mediation in the settlement of industrial relations disputes is an effective method because it provides the parties involved with greater access to the outcome compared to arbitration or court proceedings. This study aims to discuss the Procedure for Settling Industrial Relations Disputes and the Effectiveness of Mediation-Based Settlement of Industrial Relations Disputes by the All-Indonesia Workers Union as a mediator, using a case study at PT Sawit Panen Terus. The research method used is empirical juridical, namely a case study approach. The results of this study indicate that mediation is effective, as industrial problems are resolved peacefully. The agreements reached must be carefully implemented by both parties involved.
Criminal Liability Of Perpetrators Of Assault Resulting In Serious Injury Sihaloho, Pimpin Satria; Siregar, Fitria Ramadhani; Nasution, Abdul Razak
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.v12i2.11221

Abstract

In the Indonesian Criminal Code (KUHP), assault is classified as a criminal act directed against a person’s body, causing pain, injury, or impairment of health. Article 351 paragraph (2) KUHP regulates assault resulting in serious injury, punishable by imprisonment for up to five years. Any person who suffers pain, injury, or physical loss as a result of such conduct is regarded as a victim and is entitled to legal protection. Legal protection for victims of assault resulting in serious injury is essential to ensure the fulfilment of their rights, to provide a sense of security, and to guarantee adequate support, including proper legal assistance. This study is a normative juridical legal research which aims to examine the criminal law provisions and forms of legal protection for victims of assault resulting in serious injury, by focusing on statutory regulations, legal principles, and relevant legal doctrines. The method of analysis used is deductive reasoning, with data collected through library research on legislation, legal literature, and court decisions. The results of the study show that the Public Prosecutor charged the defendant primarily under Article 351 paragraph (2) KUHP, and the panel of judges in its decision accepted the primary charge, imposed a term of imprisonment on the defendant, and ordered the defendant to compensate the victim’s medical expenses. This decision reflects that law enforcement is directed not only at punishing the offender, but also at accommodating the protection and recovery of victims of assault resulting in serious injury.
Legal Analysis Of The Role Of The Police In Murder (A Study At The Medan City Police Office) Sidauruk, Nathanael Marvelino Saragih; Siregar, Mhd. Azhali; Hakim, Aulia Rahman
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.v12i2.11226

Abstract

The crime of mugging or theft with violence is a form of street crime that causes unrest in society because it not only causes material losses but also threatens the safety of the victims. In the jurisdiction of the Medan Police, mugging shows an increasing trend and often involves juvenile perpetrators. This condition demands an active role of the police in carrying out comprehensive countermeasures. This study aims to analyze the legal regulations related to the crime of mugging, the role of the police in overcoming the crime of mugging, as well as the obstacles and efforts faced by the Medan Police in handling it. The research method used is empirical juridical legal research with a qualitative descriptive approach. Data were obtained through direct interviews with Medan Police officers and a literature study of relevant laws and legal literature. The results of the study indicate that the crime of mugging is legally regulated in Article 365 of the Criminal Code and Articles 476, 477, and 479 of Law Number 1 of 2023 concerning the Criminal Code. The police's role in combating the crime of mugging is carried out through preventive, repressive, and preemptive efforts, such as patrols in vulnerable areas, law enforcement against perpetrators, and legal counseling to the community. For child perpetrators, the Medan Police apply Law Number 11 of 2012 concerning the Juvenile Criminal Justice System by prioritizing the principle of restorative justice. The main obstacles faced are socioeconomic factors, low public legal awareness, and the less than optimal role of related agencies in prevention efforts. Based on the results of this study, it can be concluded that combating the crime of mugging cannot be solely the responsibility of the police, but requires synergy between law enforcement officers, local governments, and the community to create sustainable security and order.
Criminal Accountability For The Fulfillment Of Restitution For Children As Victims Of The Crime For Human Trafficking Study Decision Number: 79/Pid.Sus/2020/Pn.Olm Br Gultom, Nabila Putri Aprilia; Syahranuddin, Syahranuddin
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.v12i2.11235

Abstract

Trafficking in persons involving child victims is a serious crime that requires legal protection not only through the punishment of offenders but also through the restoration of victims’ rights through restitution. This study analyzes the legal regulation of criminal liability for the fulfillment of restitution for child victims of trafficking, as well as the role of judges, through a case study of Decision Number 79/Pid.Sus/2020/PN.Olm and Appellate Decision Number 100/PID/2020/PT KPG. This research employs a normative juridical method with statutory and case approaches. The findings show that restitution has been normatively regulated under Law Number 21 of 2007 but has not been optimally implemented in judicial practice. Judges have not maximized their authority, and appellate judges have failed to perform a corrective function, indicating the need to strengthen the judicial role through child-protection-oriented and restorative justice–based approaches.
Criminal Law Protection for Workers Dismissed by Companies Due to Forgery of Employment Termination Letters Under Law Number 11 of 2020 concerning Job Creation Chairangga, Muhammad; Fikri, Rahul Ardian; Ramadani, Suci
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.v12i2.11242

Abstract

The protection of labor rights is a state obligation; however, the practice of unilateral termination of employment (PHK) by companies often violates legal norms, including criminal law. This study aims to examine the regulations and forms of criminal legal protection for workers experiencing termination under Law No. 11 of 2020 concerning Job Creation using a normative juridical method. The results indicate that although the Job Creation Law does not explicitly detail criminal sanctions specific to termination, the criminal legal basis remains applicable by referring to Articles 153 and 185 of the Manpower Law and Article 28 of the Labor Union Law to address discriminatory terminations or violations of normative rights. Furthermore, administrative manipulation and document forgery during the termination process can be prosecuted under the Penal Code (KUHP) or other special laws. The primary obstacle to law enforcement lies in weak supervision and the prevalence of administrative settlements. The study recommends strengthening labor inspection and fostering synergy among law enforcement agencies to ensure effective and fair labor protection.
The Role of the Medical Committee in Efforts to Resolve Medical Disputes in Hospitals Mushari, Minar; Sidi, Redyanto; Risdawati, Irsyam
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.v12i2.11244

Abstract

Medical disputes continue to grow in complexity as public expectations for high-quality healthcare and legal awareness increase. Within this context, the Medical Committee holds a crucial role as an internal hospital mechanism responsible for providing professional and objective assessments of medical actions before disputes escalate to external forums. This study aims to examine the normative position, authority, and effectiveness of the Medical Committee in the resolution of medical disputes within the framework of existing legislation. The research employs a normative juridical method by analyzing the provisions of the Health Law No. 17 of 2023, Hospital Law No. 44 of 2009, Medical Practice Law No. 29 of 2004, and Minister of Health Regulation No. 755/MENKES/PER/IV/2011. The findings indicate that the Medical Committee possesses strong legal legitimacy to conduct medical audits, maintain professional standards, and provide technical recommendations in dispute resolution. However, its effectiveness varies due to inconsistent implementation, overlapping authority with other internal bodies, and the absence of uniform operational guidelines. This study highlights the need for strengthened regulation and standardized procedures to enhance the role of the Medical Committee as an effective early-stage dispute filter and a provider of legal certainty within hospital-based medical dispute mechanisms..

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