Jurnal Hukum Sehasen
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).
Articles
265 Documents
Effectiveness of Article 273 of Law No. 22 of 2009 concerning Traffic on Road Accidents
JURNAL HUKUM SEHASEN Vol 6 No 1 (2020): April
Publisher : Fakultas Hukum Dehasen
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DOI: 10.37676/jhs.v6i1.2032
The mobility of people and goods with motorized vehicles is developing so fast as a result of increasing welfare and advances in transportation technology. This has an impact on the increasing frequency of traffic accidents with victims of drivers and road users. There are three main factors that cause accidents, the first is the human factor, the second is the vehicle factor and the last is the road factor. From this road factor, the author discusses the causes of traffic accidents, in Article 273 of Law Number 22 of 2009 concerning Road Traffic and Transportation regulates the Government's responsibility for accidents due to damaged roads. For the use of legal theory in research as an analytical tool for discussing legal events or facts proposed in the thesis research problem, the theory used is the theory of responsibility and the theory of law enforcement. The author uses empirical or sociological research methods. Factors constraining the Government in implementing Article 273 of Law No. 22 of 2009 concerning traffic are the absence of a Government Regulation that regulates in more detail those relating to Article 273. Regarding who is responsible for the operation of the road. This uncertainty can have an impact on the application of article 273 by law enforcement. People who do not report accidents caused by damaged roads or potholes. For various reasons there are those who do not know and there are those who do not want to deal with law enforcement officers, who consider accidents to be a disaster then the factors of law enforcement officials themselves and the laws made by the government are not implemented because they are related to government accountability.
Impact of Social Media on Divorce Rates in Bengkulu Province (Study at the Seluma District Religious Court)
Widya Timur;
Ferawati Royani;
M. Vikriawan
JURNAL HUKUM SEHASEN Vol 6 No 1 (2020): April
Publisher : Fakultas Hukum Dehasen
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DOI: 10.37676/jhs.v6i1.2033
A review of Islamic law in divorce cases on the grounds that one of the parties is cheating on social media. This study uses an empirical juridical approach. This approach aims to understand that law is not merely a set of normative laws and regulations. This study uses an empirical juridical approach. This approach aims to understand that the law is not merely a set of statutory rules that are normative in nature, but the law is understood as the behavior of people who are symptomatic in their lives, always interact and relate to social aspects, such as; economic, social and cultural aspects.
Child Custody After Divorce Perspective of Islamic Law
JURNAL HUKUM SEHASEN Vol 6 No 1 (2020): April
Publisher : Fakultas Hukum Dehasen
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DOI: 10.37676/jhs.v6i1.2034
Divorce due to the influence of social media is not only caused by the fact that their partner is having an affair, but the influence of social media in general also cannot be denied that someone will experience social media addiction. There are many people who are not able to manage their time so that the time that should be spent with their family must be lost because the hours are too cool to chat and cannot be separated from cyberspace / chat / social media.
The Effectiveness of Law Application against the Crime of Narcotics Abuse of Category I According to Law Number 35 of 2019 concerning Narcotics (At BNNP Bengkulu)
JURNAL HUKUM SEHASEN Vol 6 No 1 (2020): April
Publisher : Fakultas Hukum Dehasen
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DOI: 10.37676/jhs.v6i1.2035
Narcotics are substances or drugs derived from plants or non-plants, both synthetic and semisynthetic, which can cause a decrease or change in consciousness, loss of taste, reduce to eliminate pain, and can cause dependence, which are divided into groups as attached in Law Number 35 of 2009 concerning Narcotics. Abuse is a person who uses narcotics without rights or against the law. The National Narcotics Agency of Bengkulu Province is a vertical Government Institution located under and responsible to the National Narcotics Agency which is an institution that aims to carry out the Drug Prevention and Illicit Trafficking Program (P4GN) with various activities through the field of Prevention and Community Empowerment. In hindsight, the problem in this research is the application of law in handling the abuse of narcotics crime class I at BNNP Bengkulu. Theories of the causes of crime as for several theories about the causes of crime, this type of research is an empirical research. Narcotics abuse of class I in the National Narcotics Agency of Bengkulu Province. Drug Abuse and Illicit Trafficking (P4GN) with various activities through the field of prevention and community empowerment in the field of Rehabilitation and the Field of Implementation of strategic plans and work plans in the field of opposition and eradication and illicit trafficking of narcotics, psychotropics, precursors and addictive substances other than addictive substances for tobacco and alcohol which was later called P4GN in the Bengkulu Province Region. Implementation of technical policies in the field of community empowerment, rehabilitation and eradication in the Bengkulu Province Region.
Juridical Study on the Settlement of Child Cases as Victims of Sexual Violence Perspective of Law 35 of 2014 concerning Child Protection in Bengkulu City
JURNAL HUKUM SEHASEN Vol 6 No 2 (2020): Oktober
Publisher : Fakultas Hukum Dehasen
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DOI: 10.37676/jhs.v6i2.2036
The authority that the Police has is so great and broad in carrying out its duties as described in the author's description of the principles in carrying out its duties and functions, the authority of the police must comply with the principles in the Criminal Procedure Code, namely the principle of presumption of innocence, the principle of equality in advance. law, the right to provide legal assistance, every person suspected of committing a crime must be given the opportunity to receive legal assistance.
Juridical Study of Police Members as Legal Advisors
JURNAL HUKUM SEHASEN Vol 6 No 2 (2020): Oktober
Publisher : Fakultas Hukum Dehasen
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DOI: 10.37676/jhs.v6i2.2037
The authority that the Police has is so great and broad in carrying out its duties as described in the author's description of the principles in carrying out its duties and functions, the authority of the police must comply with the principles in the Criminal Procedure Code, namely the principle of presumption of innocence, the principle of equality in advance. law, the right to provide legal assistance, every person suspected of committing a crime must be given the opportunity to receive legal assistance. non-compliance of financial service providers in supporting the anti-money laundering regime.
The Role of Society towards Incest Crime Prevention Based on Social Control Theory
JURNAL HUKUM SEHASEN Vol 6 No 2 (2020): Oktober
Publisher : Fakultas Hukum Dehasen
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DOI: 10.37676/jhs.v6i2.2038
Criminal law policy regulates the crime of incest, crime is a social phenomenon that has developed in society since ancient times until now. The crime of incest is a sexual relationship committed by two people who are still in a relationship or blood relationship or marriage. The legal research method used, which is normative-empirical, is basically a combination of a normative legal approach with the addition of various empirical elements. The crime of incest, a crime that often occurs but many are not made public. Here the researcher states that incestuous crime requires an important role from society by using social control theory. Control theory refers to any perspective that discusses controlling human behavior, the object (target) of social control. Judging from the number of incest cases, it turns out that the community or family members of victims of incest crimes are still unwilling or afraid to report this crime because they feel ashamed/disgraced so that this crime is not entirely processed legally. In the theory of social control, it is also necessary to understand or socialize the law against the crime of incest.
Juridical Review Article 27 Paragraph (1) of the Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions against the Crime of Online Prostitution in Indonesia
JURNAL HUKUM SEHASEN Vol 6 No 2 (2020): Oktober
Publisher : Fakultas Hukum Dehasen
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DOI: 10.37676/jhs.v6i2.2039
Law of the Republic of Indonesia Number 11 of 2008 concerning Electronic Information and Transactions, so far Article 27 Paragraph (1) cannot ensnare all perpetrators involved in online prostitution crimes, such as service users, service providers, pimps, against these actions. different actions, the problem is against the perpetrators of online prostitution, applied with different articles and there are the same, namely Article 27 paragraph (1) UUITE and Article 296 of the Criminal Code. There should be clearer regulations to regulate online prostitution. The formulation of the problem is how to review the law of Article 27 Paragraph (1) of the Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions against online prostitution crimes. How is the judge's consideration in giving a decision on online prostitution related to the application of Article. 27 Paragraph (1) of the ITE Law on online prostitution in Indonesia. The theory used is the theory of law enforcement and the theory of punishment, this type of research is normative legal research. The data obtained is from the data of district court decisions on cases of online prostitution, there are two decisions of online prostitution cases and the application of different articles.
Juridical Review of Law Enforcement against the Crime of Money Laundering According to Article 3 of Law Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering (Case Study of Money Laundering at the Bengkulu District Court)
JURNAL HUKUM SEHASEN Vol 6 No 2 (2020): Oktober
Publisher : Fakultas Hukum Dehasen
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DOI: 10.37676/jhs.v6i2.2040
Crime is human behavior and actions that are carried out on other people or parties or institutions that in principle benefit those who commit crimes. Indonesia is one of the countries that is quite open to being the target of money laundering, in the crime of money laundering there is a special institution that functions as an intermediary to provide suspicious transaction data to investigators, namely the Financial Transaction Reports and Analysis Center (PPATK). This legal research uses empirical research methods. In this concept of anti-money laundering, the perpetrators and the proceeds of criminal acts can be identified through a search so that the proceeds of the crime are confiscated for the state or returned to those who are entitled. If the assets resulting from criminal acts that are controlled by the perpetrators or criminal organizations can be confiscated or confiscated, it can automatically reduce the crime rate. For this reason, efforts to prevent and eradicate the crime of Money Laundering require a strong legal basis to ensure legal certainty, the effectiveness of law enforcement and the search and return of assets resulting from criminal acts. The inhibiting factors for law enforcement in cases of money laundering in Indonesia are the lack of a common understanding of law enforcement officers regarding the crime of money laundering, the rapid progress of science and technology making it more difficult to detect money laundering and the non-compliance of financial service providers in supporting the anti-money laundering regime.
Effectiveness of Regional Regulation of Livestock Number 19 of 2007 concerning Maintenance and Control of Livestock (Study of Lawang Agung Village, Seluma Regency)
JURNAL HUKUM SEHASEN Vol 7 No 1 (2021): April
Publisher : Fakultas Hukum Dehasen
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DOI: 10.37676/jhs.v7i1.2045
The purpose of this study was to determine the effectiveness of the Regional Regulation of Livestock Animals No. 19 of 2007 concerning the Maintenance and Control of Livestock. The research method used is Empirical Research, which is a legal research method that uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior through direct observation. Empirical research is also used to observe the results of human behavior in the form of physical relics and archives. The effectiveness of the supervision of the Regional Regulation Number 19 of 2007 concerning the Maintenance and Control of Livestock is considered successful. Lack of public awareness in maintaining order in raising livestock.