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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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Kota bengkulu,
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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 265 Documents
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Dynamics of Marriage Law Number 01 of 1974 concerning Age Limits for Marriage (Study in the Community of Lubuk Linggau City) Solihin Solihin; Dwi Putra Jaya; M. Arafat Hermana
JURNAL HUKUM SEHASEN Vol 8 No 1 (2022): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v8i1.2458

Abstract

The objectives of this research are: a) To know the implementation of applying for a marriage dispensation in Lubuk Linggau City Community. b) To find out the factors that became the reason for the application for Marriage Despensation in Lubuk Linggau City Community. This research 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. The results of this study show; 1. The implementation of the application for dispensation for marriage is submitted by parents or guardians, through the stages and fulfilling the requirements determined by the Religious Courts, until following the trial until there is a decision by the Panel of Judges 2. Counting cases from 2018 to In 2020 there was an increase in the application for marriage dispensation, of which in 2018 there were 36 cases, in 2019 there were 43 cases and in 2020 there were 105 cases. The factors causing the increase in cases are pregnancy before marriage, weak religious education, cultural factors, economic factors, social media factors, fear of slander, changes in the age of marriage law. Of the many cases that were granted by the judge on the grounds that it would be avoided.
Implementation of Prudential Principles in Consumptive Credit Agreements (Study at Astra Credit Companies (Acc) Bengkulu City) Karina Rizki Lestari; Hurairah Hurairah; Widya Timur
JURNAL HUKUM SEHASEN Vol 8 No 1 (2022): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v8i1.2459

Abstract

This study aims to understand how the Implementation of Prudential Principles in the Consumptive Credit Agreement Study of Astra Credit Companies (Acc) Bengkulu City. The research method that will be used in this research is normative research combined with field research in the form of interviews and field documentation (empirical), which is a way to obtain data from library materials, especially those related to legal issues. Implementation of the precautionary principle in credit agreements at Pt Acc Finance Bengkulu City The obligation to prepare and implement credit is applied by the stipulation of a written policy regarding credit and credit agreements.
Juridical Study of the Need for Fulfillment of the Sexual Rights of Prisoners in Class II A Correctional Institutions Bengkulu Maryatun Maryatun; Widya Timur; Sandi Aprianto
JURNAL HUKUM SEHASEN Vol 8 No 1 (2022): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v8i1.2460

Abstract

Correctional institutions as part of the criminal justice system, namely as a coaching institution, have a very strategic role in realizing the ultimate goal of the criminal justice system, namely the rehabilitation and resocialization of lawbreakers. The research method used in this study is to use empirical legal research methods. As an empirical legal research, this research belongs to the category of descriptive-prescriptive legal research that aims to find solutions to problems (problem-solution). The problems raised in this study are (1) What is the background of the need for the fulfillment of the sexual rights of prisoners in the Class II A Bengkulu Penitentiary?, (2) What are the factors that hinder the fulfillment of the sexual rights of prisoners in the Class II A Bengkulu Penitentiary?. The results of the research and discussion are (1) The background of the need to fulfill the sexual rights of prisoners in the Class II A Correctional Institution Bengkulu because the fulfillment of the sexual needs of prisoners cannot be fulfilled naturally and normally. Relationships can take place with the cooperation or assistance of officers. For those who cannot fulfill their sexual needs in a normal/normal manner, the fulfillment is carried out in a deviant way/deviant sexual behavior. (2) The factors that hinder the fulfillment of the sexual rights of prisoners in the Class II A Correctional Institution Bengkulu are the absence of providing romance rooms for husband/wife visits privately at the Penitentiary, Prisoners cannot control their desire to perform sexual needs by using their busy schedule or participate in activities held in the Correctional Institution.
The Role of the Department of Industry and Trade in Protecting Consumer Interest in Bengkulu City Jaka Adi Setiawan; Mikho Ardinata; Ahmad Dasan
JURNAL HUKUM SEHASEN Vol 8 No 1 (2022): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v8i1.2461

Abstract

Consumer protection is an inseparable part of a healthy business. In a healthy business activity, there is a balance of legal protection between consumers and business behavior. The absence of consumer protection is in a weak position, especially if the product produced is a limited product type, so that business actors can abuse their position by monopolizing marketing production, this of course will be very detrimental to consumers. Consumer protection is in the public interest, therefore it is a hope for all people in every country in the world to be able to make it happen. The form of consumer protection is from various interrelated relationships. The relationship between consumers, business actors and the government. Consumer protection is an inseparable part of healthy business activities. In healthy business activities there is a balance of legal protection between consumers and business actors. this is the background to the problem of the role of the industry and trade service in protecting the interests of consumers in the city of Bengkulu which has been regulated in Indonesia according to Law Number 8 of 1999 concerning Consumer Protection. Therefore, researchers are interested in conducting thesis research with the title "ROLE OF THE DEPARTMENT OF INDUSTRY AND TRADE IN PROTECTING CONSUMER INTEREST IN BENGKULU CITY.” data sources in the field. This research is descriptive in nature, namely explaining or explaining why the event occurred, intending to know the state of something about what and how, how much, to what extent and so on. because the research taken is from the facts that exist in a society, legal entity and obtained from data taken in the field.
Legal Protection for Owner Fishermen and Cultivating Fishermen in Fishery Product Sharing Agreements (Study of the Fisherman Community of Malabero Village, Bengkulu City) Radbiah Rahmadani; Hendi Sastra Putra; Sandi Aprianto
JURNAL HUKUM SEHASEN Vol 8 No 1 (2022): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v8i1.2503

Abstract

Indonesia as an archipelagic country, the existence of fish resources contained in Indonesian waters is quite large, both in terms of quality and various types that can be managed and utilized for the benefit of the nation and state, especially society as a whole. Based on Law Number 16 of 1964 concerning the System for Production Sharing Patterns, cultivator fishermen in marine fisheries will get a share of 75% of the net output if a sailboat is used and 40% if a motor boat is used. This study aims to determine the form of fishery production sharing agreements between owner fishermen and working fishermen in the Malabero fishing community in Bengkulu City, to find out how the profit sharing system is implemented by the Malabero fishing community in Bengkulu City, and to find out how legal protection is for owner fishermen and fishermen. cultivators in a fishery production sharing system. The research method used is empirical and normative. The empirical approach is research conducted by analyzing problems by combining legal materials which are a group of secondary data and combined with primary data obtained in the field. The practice of profit sharing that occurs in the fishing community of Malabero village, Bengkulu City has occurred based on local customs or has been passed down from generation to generation and is a local wisdom carried out by pledging a profit sharing agreement in the form of speech / oral without any written evidence and only attended by a few witnesses Usually, the fishery product sharing carried out by the fishing community of Malabero village, Bengkulu City, the owner fisherman will get a share of 50% of the net result and the cultivator fishermen will get a share of 10% of the net result after the ship departure costs are issued. This explanation is based on fishing gear in the form of net, while fishing gear in the form of owner's trawl will get 50% share and cultivator fishermen will get a share of 25% of the net proceeds after the ship departure costs are incurred. Therefore, it is necessary to have a form of fishery production sharing agreement between owner fishermen and cultivator fishermen which is more legally proven, and there is a need for regulations that can protect fishermen in terms of fishery production sharing patterns, especially for small (traditional) fishermen.
Constraints and Legal Efforts for Consumer Protection in Overcoming Forced Withdrawals by Leasing Parties in Fiduciary Guarantees Dandi Nugraha Fadilah; Fakhlur Fakhlur
JURNAL HUKUM SEHASEN Vol 8 No 2 (2022): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v8i2.3027

Abstract

Fiduciary guarantee is a guarantee right on movable objects, both tangible and intangible and immovable objects, especially buildings that cannot be encumbered with mortgage rights as referred to in Law Number 4 of 1996 concerning Mortgage Rights that remain in the control of the Fiduciary Giver, as collateral for repayment of certain debts, which gives priority to the Fiduciary Recipient over other creditors. The procedure for carrying out the execution of objects that are the object of a fiduciary guarantee must really fulfill completely and perfectly as has been determined, both in Article 29, Article 30, and Article 31 of the Fiduciary Guarantee Law. If it is done deviating or contrary to the intent and purpose of the provisions regarding the execution of this fiduciary guarantee, then the execution of the object that is the object of the fiduciary guarantee is null and void by law. The purpose of this research is to analyze and find out how the constraints and legal remedies for consumer protection in overcoming forced withdrawals by leasing parties in fiduciary guarantees. This study uses a sociological juridical approach, with analytical descriptive research methods. The data used are primary and secondary data which will be analyzed qualitatively. The results of the study concluded that the use of Fiduciary Security still has several obstacles including: 1). Fiduciary Guarantee Registration. 2). Guaranteed vehicle withdrawals. 3). Elimination of Fiduciary Guarantee after the debt has been repaid. Consumer protection against forced withdrawals in fiduciary guarantees in the future should continue to be consistent with Law Number 8 of 1999 concerning Consumer Protection (UUPK). The enactment of this Law provides hope for the people of Indonesia, to obtain protection for losses suffered on transactions of goods and services. UUPK guarantees legal certainty for consumers.
Legal Consequences of the Decision of the Constitutional Court Number 18/Puuxvii/2029 on the Executional Power of the Notary Fiduciary Guarantee Deed Ahmad Ardiansyah; Meysita Arum Nugroho
JURNAL HUKUM SEHASEN Vol 8 No 2 (2022): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v8i2.3028

Abstract

According to the provisions of Article 30 of the UUJF, it is stated that the Fiduciary Giver is obliged to submit the object that is the object of the Fiduciary Guarantee in the context of carrying out the execution of the Fiduciary Guarantee. However, the execution must follow the procedure for implementing a court decision. This means that in accordance with Article 196 paragraph (3) of the HIR (Herzien Indonesia Regulation) the creditor must submit an application to the Head of the District Court to carry out the execution of the collateral object based on the executorial title of the Fiduciary Guarantee Certificate. The formulation of the problem in this research is the legal consequences of the decision of the constitutional court number 18/puuxvii/2029 on the executive power of a notary fiduciary guarantee deed? The type of research used is normative with a statutory approach and a decision study approach as well as a conceptual approach. The result of the research is that there is a Constitutional Court Decision, so the execution of fiduciary guarantees must follow the procedure for implementing a court decision. This means that in accordance with Article 196 paragraph (3) of the HIR (Herzien Indonesia Regulation), the creditor must submit an application to the Head of the District Court so that the execution of the collateral object is carried out based on the executorial title of the Fiduciary Guarantee Certificate. Fiduciary is the transfer of ownership rights to an object based on mutual trust based on the stipulation that the object whose ownership rights are transferred remains with the power that owns the object, as stated in Article 1 point 1 UUJF.
Renewal of Criminal Law in Combating Corruption Crimes Hendrio Hamid Pesik; Rahmat Dwi Putranto
JURNAL HUKUM SEHASEN Vol 8 No 2 (2022): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v8i2.3030

Abstract

Criminal law reform is a policy that demands reform of all aspects that touch philosophical aspects, namely changes or orientations towards principles to the stage of the values that underlie them. Therefore, the inclusion of criminal acts of corruption led to rejection from various circles. One of them is a criminal law expert and the formulator of the Draft Law on the Criminal Procedure Code, Andi Hamzah, believes that the regulation of criminal acts of corruption should be regulated separately, because it is temporary.
Legal Consequences for Perpetrators of Beating Police Members on Duty Muhammad Zulfikar; Amsori Amsori
JURNAL HUKUM SEHASEN Vol 8 No 2 (2022): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v8i2.3031

Abstract

Basically every member of the Police on duty in the field is required to be able to make decisions individually in dealing with real situations. Decision-making by the police involves issues of public order and security which are closely related to human rights. However, in the field, the task of the police, which is supposed to maintain order and protect the community, has actually been attacked and beaten, as in the example of the beating by one suspect for hitting the Head of Ops Ditlantas Polda Metro Jaya AKBP Karosekali..
Reconstruction of Shared Assets Due to Divorce Based on Pancasila Justice Mustofa Aditama; Meysita Arum Nugroho
JURNAL HUKUM SEHASEN Vol 8 No 2 (2022): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v8i2.3032

Abstract

The implementation of the distribution of joint property due to divorce is currently not fair, meaning that the construction of the distribution of joint property due to divorce is currently given by the Marriage Law no. 1 of 1974, the Compilation of Islamic Law still does not fulfill the sense of justice. This study aims to determine, find and analyze how the reconstruction of the distribution of joint property due to divorce based on the value of Pancasila justice. The results of the study on the reconstruction of the legal value of the distribution of joint property due to divorce were carried out in a casuistic manner based on their contribution by taking into account the benefits and disadvantages. The reconstruction of the value of justice as a result of divorce based on the orientation of the distribution is solely for the benefit, benefit and benefit of the person concerned, on the contrary, certain situations and conditions that can harm the interests and welfare of one party must be avoided.

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