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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 323 Documents
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Juridical Analysis of The Application of Penalties For Perpetrators of Narcotics Crimes Jon Heder Depari; Henry Aspan; Riza Zarzani
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.v12i1.11371

Abstract

The purpose of this writing is to find out the Implementation of Criminal Law for Narcotics Crime Offenders and the legal status of the use of Narcotics in Law Number 35 of 2009 concerning Narcotics. By using the normative legal research method. Criminal Law for Narcotics Crime Offenders According to Law Number 35 of 2009 In the Article there is a minimum criminal threat of 4 (four) years. Legal Status Against the Use of Narcotics in Law Number 35 of 2009 concerning Narcotics, namely the criminal provisions contained in Law Number 35 of 2009 concerning Narcotics are formulated in Chapter XV Criminal Provisions Articles 111 to Article 148.
Visa Abuse In Indonesia: A Legal And Technological Analysis Of Preventing Overstay And Illegal Work Of Foreign National Muhammad Rizky Ananto; Muhammad Naufal Daffa Ulhaq; Sultan Rizqullah Hadi
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.v12i1.11631

Abstract

Visa misuse by foreign nationals had become one of the immigration problems that continued to increase in Indonesia. The most common violations included the use of visit visas for illegal employment, misuse of residence permits, and overstaying, which affected legal order and national security. This study aimed to analyze the legal regulations concerning travel documents, visas, entry permits, and stay permits in Indonesia, as well as to examine the factors causing visa misuse and the prevention efforts through a digital technology approach. The research applied a normative-empirical method by examining Law Number 6 of 2011 concerning Immigration and its implementing regulations, combined with case studies of visa violations based on reports from the Directorate General of Immigration and various scientific journals. The findings indicated that weak immigration supervision had been influenced by limited data verification systems, lack of inter-agency coordination, inadequate field supervision, and the underutilization of digital technology within the immigration system. Visa misuse and overstaying frequently occurred due to administrative loopholes and insufficiently strict law enforcement against violators. This study concluded that a blockchain-based visa supervision system needed to be implemented in order to improve data security, prevent travel document forgery, and strengthen the monitoring of foreign nationals’ activities in Indonesia. An integrated digital supervision system accompanied by stricter law enforcement was expected to improve the effectiveness of immigration control and reduce visa misuse in a sustainable manner.
Criminalization Of Cohabitation In The National Criminal Code And The Problems Of Proving It According To The 2025 Criminal Procedure Law: Reconstruction Of The Element Of “Living Together As Husband And Wife” From A Fair Trial Perspective Wildan Ambron Ritonga; Aditiarman Aditiarman; Aditya Kusuma Sumantri; Beni Setiawan; Fanita Aditia
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.v12i1.11846

Abstract

Cohabitation is a social reality in the form of cohabitation between two people as a married couple without a legally recognized marital bond. Law Number 1 of 2023 concerning the Criminal Code criminalizes it through Article 412, but the formulation of “living together as husband and wife outside of marriage” leaves the issue of conceptual boundaries, duration, patterns of domestic relations, and space for state intervention in private life. This research discusses two problems: the regulation of cohabitation crimes in the National Criminal Code and the construction of proof according to Law Number 20 of 2025 concerning the Criminal Code. The research uses normative legal methods with limited legislative, conceptual, and comparative approaches, through a prescriptive analysis of primary legal materials and eighteen attached scientific articles. The results of the study show that Article 412 is a complaint offense that has a formal character and continues, so it is not enough to prove the existence of two people in one place or the alleged intercourse. The elements of delinquency must be built from the continuity of residence, the establishment of a factual household, social representation as a couple, and the absence of a valid marriage. The 2025 Criminal Code expands evidence through Article 235 and recognizes electronic evidence in Article 242, but also requires authentication, legality of acquisition, and judicial testing. The study concluded that the effectiveness of Article 412 enforcement depends on layered evidentiary standards that limit speculation, protect privacy, and prevent criminalization based on moral prejudice.

Page 33 of 33 | Total Record : 323

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