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
 29   30   31   32   33 
Analysis of Criminal Responsibility of Indirect Perpetrators in Corruption Crimes: A Literature Review of the Supreme Court Decision Number 2383 K/Pid.Sus/2023 Nasution, Mhd. Ilham; Sahlepi, Muhammad Arif; 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.v12i2.11246

Abstract

This study aims to analyze in-depth the criminal liability of indirect perpetrators in corruption crimes through a literature review of Supreme Court Decision Number 2383 K/Pid.Sus/2023. The phenomenon of corruption as an extraordinary crime often involves intellectual actors who are not directly involved in the physical losses of state finances, but control the crime through policies, official authority, or structured acts of omission. This study uses a normative juridical approach by examining laws and regulations related to criminal law doctrines regarding participation, as well as the judges' considerations in the decisions reviewed. The results of the analysis indicate that indirect perpetrators can be held criminally responsible if their role through policies, directives, or acts of omission clearly contributes to the occurrence of corruption crimes. The Supreme Court in this decision expanded the application of the doctrine of participation, which allows orderers and intermediaries to be subject to criminal sanctions even though they do not directly carry out physical actions. The element of fault (mens rea) for indirect perpetrators is proven through knowledge and intent regarding potential deviations arising from their instructions or authority. Causally, the established policy has been proven to be a determining factor in enabling the occurrence of the crime. This decision has significant implications for the effectiveness of the justice system in addressing structured corruption and provides a deterrent effect for structural authority holders. However, this broadening of interpretation also presents challenges to legal certainty and the risk of disparity in decisions due to the lack of standard guidelines in assessing the degree of involvement of indirect perpetrators. This study emphasizes the importance of developing clear and consistent legal guidelines and improving the capacity of judges to understand the doctrine of inclusion to maintain the principle of proportionality of punishment and legal certainty in Indonesia.
Legal Analysis on Accountability for the Management of Evidence for Narcotics Crimes Sipakkar, Erwin Juliandi; Siregar, Abdul Rahman Maulana; 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.v12i2.11255

Abstract

The management of evidence in narcotics criminal cases is the most important stage in the criminal justice system because it is directly related to evidence and legal certainty. Inaccuracies in the administration, storage, and destruction of evidence have the potential to cause abuse of authority, loss of evidence, and even weaken the law enforcement process. This study aims to analyze the legal aspects of accountability for the management of evidence of narcotics crimes in the South Nias District Attorney's Office, identify the management mechanisms applied, and assess the obstacles that affect the effectiveness of its implementation. The research method used is empirical legal research with a legislative approach. Data was obtained through a literature study of regulations related to evidence management and interviews. The results of the study show that the management of evidence has been carried out according to administrative procedures, starting from receipt, recording, storage, to destruction, but obstacles are still found in the form of limited storage facilities, lack of human resources, and not optimal supervision. Legal accountability in the management of evidence is based on the principles of office accountability, administrative responsibility, and potential criminal liability in the event of irregularities. Therefore, it is necessary to strengthen the supervision system, digitize administration, and increase the capacity of the apparatus to ensure transparency and integrity in the management of evidence. This research is expected to make a conceptual and practical contribution in improving the professional and fair governance of narcotics evidence.
Comparative Analysis of the Fulfillment of Outsourcing Workers’ Rights and Permanent Workers' Rights from the Perspective of Law No. 6 of 2023 on Job Creation (Study at Indomaret Fresh Medan) Hutabarat, Laura Yolanda; Fitrianto, Bambang F; Kartika, Nana
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.v12i2.11256

Abstract

The dynamics of employment in the modern retail sector often pit operational efficiency against the protection of workers' normative rights, creating structural vulnerabilities for outsourcing labor. This study conducts a realistic comparative examination of rights fulfillment between outsourcing workers and permanent workers at Indomaret Fresh Medan, focusing on the gaps between state regulations and corporate implementation. The legal framework includes Law No. 13 of 2003 on Manpower, Law No. 11 of 2020 on Job Creation (later revised and re- enacted as Law No. 6 of 2023 on Job Creation), and Government Regulation No. 35 of 2021. The research employs an empirical juridical method with a descriptive qualitative approach. Primary data were obtained through participatory observation and in-depth interviews with respondents at the Indomaret Fresh Rajawali Simpang Gatot Subroto unit. The findings reveal significant disparities in treatment, with rights fulfillment for permanent workers being more adequate compared to outsourcing workers, who remain far below legal compliance standards. Key findings indicate systematic violations of Articles 93 and 85 of the Manpower Law, where neither category receives fixed allowances (meal and transportation benefits), alongside prevalent unpaid overtime practices averaging 4 to 5 hours per day. Additionally, the uncertainty of employment relations due to fixed-term contracts for outsourcing workers contributes to high turnover rates and work demotivation. The study concludes that corporate efficiency policies have overlooked distributive justice principles, necessitating interventions through periodic audit-based labor supervision and internal corporate policy reforms to ensure equitable legal certainty
The Effectiveness Of The Medan City Police Department's Women And Children Protection Unit Services In Handling Cases Of Violence Against Children And Women Lp / B / 2861 / Viii / 2025 / KDRT Nazla, Dzul Hairani; Rahmayanti, Rahmayanti; 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.v12i2.11276

Abstract

Violence against children and women is a serious problem that requires effective legal action and services oriented toward victim protection. The role of law enforcement officials, particularly the Women and Children Protection Unit (PPA), is crucial in ensuring that case handling processes comply with legal provisions while providing a sense of security for victims. This study aims to analyze the legal procedures implemented, identify service barriers, and assess the effectiveness of the Medan Police's PPA Unit in comprehensively handling cases of violence against children and women.This study used a qualitative method with an empirical legal approach and a legislative approach. Data were obtained through observation, interviews, and a literature review of legal regulations and documents related to case handling. Data analysis was conducted descriptively to systematically describe service practices and the implementation of legal procedures in the field.The results show that case handling procedures have been implemented systematically, starting from receiving reports, examining victims and witnesses, medical examinations, victim assistance, and transferring cases to the prosecutor's office. Service barriers include internal factors related to the preparation of evidence, as well as external factors influenced by the victim's psychological condition and family relationships with the perpetrator. The Medan Police PPA Unit's services are considered quite effective through improving the quality of case handling.
Cyber Criminal Law Analysis on Electronic Medical Record Protection (Study at Mitra Medika Premier Hospital Medan) Rahayu, Esti Budi; 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.v12i2.11284

Abstract

In today's digital era, the development of information technology has revolutionized various aspects of human life, including in the field of health. The use of electronic medical records in hospitals has become a common standard, allowing for more efficient storage of patient data and faster access for medical personnel. However, along with these advances, there have also been legal challenges, especially related to the protection of patients' personal data. The problems discussed are how the implications of cyber criminal law on the protection of electronic medical records in hospitals, what are the obstacles and obstacles in protecting electronic medical records at Mitra Medika Premier Medan Hospital and how cyber crime prevention efforts in protecting electronic medical records at Mitra Medika Premier Medan Hospital. The research used is empirical juridical using data collection methods through field research and library research. Literature Studies is obtained through reading, studying and studying books, laws and regulations, journals or data in the form of library materials while field studies are carried out by interview method. Some forms of violations that may occur in the management of electronic medical records at Mitra Medika Premier Medan Hospital are Unauthorized Access: When the login of an absent health worker is entrusted to another health worker to replace data entry and Data Collection: Patient data is used by unauthorized parties, for example photos of laboratory results. The efforts made by Mitra Medika Premier Medan Hospital in protecting health data include: Strengthening Technology Infrastructure: Implementing firewalls, antivirus, and data encryption, Routine Audits: Ensuring that the system runs according to security standards, Increasing Staff Awareness: Regular training related to data protection and Update/development of information technology systems, especially related to data security.
The Responsibility of Midwives in Implementing Early Breastfeeding Initiation as the Right of Newborns Based on Law Number 17 of 2023 Concerning Health Saragih, Hempi Wanty
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.v12i1.11285

Abstract

Early Initiation of Breastfeeding (IMD) is an important step in providing exclusive breastfeeding (ASI) which plays a major role in reducing infant mortality and improving maternal and infant health. Midwives as health workers have a moral, professional, and legal responsibility in ensuring the implementation of IMD in accordance with Law number 17 of 2023 concerning Health. This study aims to analyze the responsibilities of midwives in implementing IMD based on the provisions of the regulation. The planned research method is a library research with a descriptive qualitative approach, through analysis of various academic sources such as journals, books, and related official regulations. The results of the analysis indicate that midwives' responsibilities include implementing IMD according to Standard Operating Procedures (SOP), providing education to pregnant and breastfeeding mothers, and ensuring the baby's right to receive breast milk immediately after birth. In addition, it was found that the level of knowledge, attitudes, and support from health facilities have a significant influence on the success of IMD implementation. Based on the analysis of Law number 17 of 2023, midwives have a strategic role in supporting the national policy of exclusive breastfeeding, both as implementers, educators, and supervisors in health care facilities. The conclusion of this study shows that the responsibility of midwives in implementing IMD is not only an ethical and professional obligation, but also an implementation of legal protection for the rights of newborns to receive exclusive breastfeeding.
Legal Protection For Children As Victims Of Domestic Violence (Women And Children Protection Unit, Medan City Police) Saputra, Imam; Siregar, Abdul Rahman Maulana; 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.v12i1.11286

Abstract

This research aims to identify the factors that cause domestic violence against children and to analyze the role of the Unit for the Protection of Women and Children (PPA) of the Medan Police in providing legal protection for child victims. The study uses an empirical legal research method with a juridical approach. Data were obtained through interviews with officers from the Unit for the Protection of Women and Children (PPA) of the Medan Police and literature studies on relevant laws, books, and journals. The results show that domestic violence against children is caused by various interrelated factors, including economic hardship, low educational levels, patriarchal culture, psychological pressure, substance abuse, and disharmonious family relationships. The Unit for the Protection of Women and Children (PPA) of the Medan Police plays three main roles: preventive efforts through public legal education, repressive efforts through law enforcement against perpetrators, and rehabilitative efforts through psychological and social recovery for victims. However, the implementation of legal protection for child victims is not yet optimal due to limited human resources, insufficient facilities, and weak inter-agency coordination. Strengthening institutional cooperation and public legal awareness is essential to achieve effective and sustainable protection for children who are victims of domestic violence.
Plea Bargaining In The 2025 Draft Indonesian Criminal Procedure Code: Legal Certainty And Justice Nasoetion, Dedi Wardana; Soekorini, Noenik; Hartoyo, Hartoyo
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.v11i2.11293

Abstract

The enactment of Law No. 20 of 2025 on the Indonesian Criminal Procedure Code (KUHAP) introduces plea bargaining as a negotiated mechanism permitting admissions of guilt in exchange for sentencing concessions, marking a paradigmatic shift from judicial truth-seeking toward prosecutorial negotiation. This study examines whether such a shift is constitutionally coherent within Indonesia’s civil law framework. Using a normative juridical (doctrinal) methodology grounded in hierarchical norm theory, constitutional interpretation, and principled balancing, the research analyzes the compatibility of plea bargaining with legal certainty, equality before the law, presumption of innocence, and rule-of-law principles under UUD 1945. The findings demonstrate that while plea bargaining is formally valid within the statutory hierarchy, its substantive legitimacy is conditional. Ambiguities in eligibility criteria and sentencing parameters risk undermining legal certainty; expanded prosecutorial discretion raises equality concerns; and significant sentencing differentials may threaten voluntariness. Judicial oversight emerges as the decisive safeguard, requiring substantive verification of voluntariness, evidentiary sufficiency, and proportionality. The study concludes that plea bargaining is normatively defensible only if reinforced by strict judicial control and clearly structured procedural safeguards. This research contributes an integrated constitutional-doctrinal framework clarifying the legitimacy conditions of negotiated justice within civil law systems.
Analysis Of Abuse Of Authority By Civil Servants In Corruption Crimes (Decision Study No. 141/Pid.Sus-Tpk/2024/Pn Mdn) Tarigan, Diva Sadarta; Hasibuan, Aulia Rahman Hakim; 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.v12i1.11361

Abstract

This study aims to examine the legal framework governing the abuse of authority by civil servants acting jointly in receiving gifts within corruption offenses, as well as to conduct a juridical analysis of the elements of “Abuse of Authority” and “Joint Acceptance of Gifts” as corruption crimes in Decision Number 141/Pid.Sus-TPK/2024/PN Mdn. This research employs a normative legal method with a descriptive approach, carried out through library research by examining primary, secondary, and tertiary legal materials, including the Anti-Corruption Law and the Criminal Code. The results of the study indicate that, normatively, the regulation concerning abuse of authority and the acceptance of gifts by civil servants has been clearly stipulated under Article 11 and Article 12B of Law Number 31 of 1999 as amended by Law Number 20 of 2001, which classifies such acts as formal offenses. In the context of participation, criminal liability for perpetrators acting jointly refers to the doctrine of participation (medepleger) under the Criminal Code, which requires a unity of intent and conscious cooperation. In Decision Number 141/Pid.Sus-TPK/2024/PN Mdn, the panel of judges held that all elements were fulfilled based on the defendant’s status as a civil servant, the receipt of money related to official authority, and the repetitive nature of the acts. However, substantively, there is a lack of in-depth elaboration regarding the causal relationship between the concrete authority of the office and the receipt of gifts. In addition, there is an imbalance between the term of imprisonment and the amount of restitution imposed, raising issues of proportionality in sentencing. Therefore, consistency in juridical reasoning and the application of the principle of proportionality are necessary to strengthen the effectiveness of law enforcement in corruption cases.
Responsibility and Role of Hospitals in Efforts to Resolve Medical Disputes over Surgical Procedures for Children Suffering from Tumors (Study at H. Adam Malik Hospital Medan) Syaufi, Dwiki Ahmad; Sidi, Redyanto; 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.v12i1.11369

Abstract

Surgical procedures in children with tumors constitute high-risk medical services that have the potential to give rise to medical disputes. Within the framework of health law, hospitals function not only as healthcare providers but also as legal entities responsible for service quality, patient safety, and the resolution of medical disputes. This study aims to analyze the legal responsibilities and roles of hospitals in resolving medical disputes arising from pediatric surgical procedures in children with tumors, based on Minister of Health Regulation Number 24 of 2022, Law Number 17 of 2023 on Health, and Government Regulation Number 28 of 2024. The research employs normative and empirical juridical approaches, supported by field studies conducted at H. Adam Malik General Hospital, Medan. The findings indicate that hospital legal responsibility is comprehensive, encompassing the actions of medical personnel, healthcare service systems, compliance with patient safety standards, and medical record documentation. Hospitals also play a strategic role in resolving medical disputes through non-litigation mechanisms, particularly internal mediation and patient complaint systems, in order to provide legal protection and prevent the escalation of disputes.

Page 32 of 33 | Total Record : 321

 29   30   31   32   33 

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