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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 265 Documents
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Obligation Of Giving Alimentation To Increased Children Due To Parents' DIvorce (Study of PT JAKARTA Decision Number 450/PDT/2019/PT DKI) Sonia Yekti Hapsari; Misbahul Huda
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.v8i2.3036

Abstract

In the event of a divorce between husband and wife, legally their relationship is broken as husband and wife. But on the contrary, regarding the legal relationship with their children, even though they are divorced, it means that the parents still have rights and obligations towards the abandoned child. The impact of divorce does not only occur in the present, but also affects the lives of children in the future. Children as the nation's buds are the next generation in the development of the nation and state. Children cannot stand alone, it is necessary to make efforts for child welfare so that they can grow and develop properly both spiritually, physically and socially. In the example of the DKI Jakarta High Court Decision Number 450/PDT/2019/PT DKI, Sentencing that the parents (father) provide living expenses/maintenance (alimentation) and education costs for a child named Bennedict Dayton Lim in the amount of Rp. 8,000,000.00 (eight million). rupiah) per month until the child is an adult, which is given through the Appellant/originally the Plaintiff no later than the 5th day of the month..
Legal Status of Recognition of Children Out of Marriage according to Article 280 KUHPerdata Febi Ilham Fitra; Dwi Putra Jaya; Hurairah Hurairah; Ana Tasia Pase
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.v8i2.3076

Abstract

Child acknowledgment in a formal sense is a form of giving information from a man who declares acknowledgment of his children. Meanwhile, in a material sense, child recognition is a legal act to create a family relationship between the child and the person who admits it. Based on Article 280 of the Civil Code, which says; that with a confession made to a child out of wedlock, a civil relationship arises between the child and his father or mother. This means that there is no legal relationship between the illegitimate child and the "father" (biologically) or "mother" in principle. The legal relationship only exists if the "father" and or "mother" give an acknowledgment that the child is his child. The purpose of this study is to find out how the legal status of children out of wedlock and the requirements for child recognition are in accordance with the Civil Code. The research method that the author uses is normative research. This research is sourced from the Civil Code regarding the recognition of children out of wedlock and based on books, articles and journals related to the research. The results of this study indicate that the legal status of child recognition out of wedlock is regulated by the Child Recognition Institution in Article 272 of the Civil Code which states that "children out of wedlock (nuturlijk kind), except those born from adultery or blasphemy of blood, each every child born”, the relationship of the child out of wedlock with his father will only exist after the father makes a confession or the child outside of marriage is recognized by the father.
Legality of Appointment of Village Apparatus according to Article 49 Paragraph (2) of Law Number 6 of 2014 concerning Villages in Ujung Padang Village, Alas Maras Subdistrict, Seluma Regency Jenzen Idianza; Sandi Aprianto; M. Arafat Hermana
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.v8i2.3077

Abstract

The purpose of this study was to determine the procedures for the appointment of old village officials and new village officials in the village of Ujung Padang and to find out the validity of the appointment of old and new village officials in the village of Ujung Padang in terms of Law Number 6 of 2014. The research method in this paper is the method Qualitative research is research that refers to the legal norms contained in legislation and court decisions as well as norms that live and develop in society. Based on the results of an interview with the Ujung Padang Village Head on July 5, 2022, he explained that, "If we talk about the mechanism for the appointment of village officials, of course the appointment of new and old Village officials is based on the law (Law number 6 of 2014 concerning Villages). ). Only the appointment of the Lamo Village Apparatus used to be filled with direct appointments by the Village Head and in consultation with the Camat, for the appointment of the New Village Apparatus I carried out the Undnag-Undnag Mandate Number 6 of 2014 and the Seluma Regional Government Number 7 of 2016 regarding Village Apparatus. Fill it out through a screening and screening mechanism, selection of prospective candidates, and a written test. After getting the results of the selection then communicated with the Camat on behalf of the Regent. If we talk about the legal legitimacy of the official Village apparatus, both the old and the new, it is certainly not our domain to determine the legal person, and the one who is nedo is legal. That is the realm of the State Administrative Court, which can determine you.”
Juridical Review On The Crime Of Driving Negligence That Caused Other People's Death (Analysis Of Judge's Decision Number 20/Pid.B/2018/Pn.Mna) Asep Aidul Adha; Widya Timur; Ferawati Royanti
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.v8i2.3078

Abstract

The high rate of traffic accidents (lakalantas) itself occurs due to a lack of public awareness in this case motorized vehicle drivers with various factors attached to themselves, for example in terms of physical fitness, mental readiness when the driver is tired, the influence of alcohol and illegal drugs. This thesis examines the application of material criminal law to the crime of negligence in driving which causes the death of a person and the judge's legal considerations in making a decision on the offense of negligence in driving that causes the death of a person in case Number 20/Pid.B/2018/PN.Mna. The legal research method used is normative legal research or library research. This is research that examines document studies, using various secondary data such as legislation, court decisions, legal theory, and can be in the form of opinions of scholars. The results of the research in this case, are the Panel of Judges using a single indictment, namely Article 310 paragraph (4) of the Republic of Indonesia Law no. 22 of 2009 concerning Road Traffic and Transportation where the elements in the indictment have been deemed proven by the Panel of Judges. Where, between the actions and the elements of the article match each other. The Panel of Judges complies with the applicable law, which is based on at least two valid pieces of evidence, where in this case, the evidence used by the judge is witness testimony, evidence, visum et repertum and statement of the defendant.
Legal Analysis Of The Decision Number: 22 / Pdt.g / 2019 / Pn.bgl. to The Employment Contract Between Cv. Tapan Gems Construction With Public Works And Spatial Planning Department Bengkulu Province Rani Alfiani; Mikho Ardinata; Ahmad Dasan; Sinung Mufti Hangabei
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.v8i2.3079

Abstract

The purpose of this research is to find out the legal responsibility in the event of the failure of one of the parties in case number 22 / Pdt.G / 2019 / PN.Bgl. (2). To review the judge's considerations and legal bases in decision No. 22 / Pdt.G / 2019 / PN.Bgl. This type of research is normative legal research using qualitative methods. The results of this study show that the legal responsibility in the event of late payment by one of the parties in Case No. 22 / Pdt.G / 2019 / PN.Bgl is to pay the damage suffered to the obligee, or briefly referred to as compensation if brought forward a judge, reimbursement of costs, losses and interest for failure to perform an agreement under Article 1243 of the Civil Code. The judge's reasoning and legal basis in the decision in case No. 22 / Pdt.G / 2019 / PN.Bgl was that the plaintiff could not prove the core of the problem in this case, that the construction of drainage and cliff coverings for the Muara-Aman-Test Road in Lebong Regency was 100% completed, Witness - the witnesses and the evidence presented by the defendant agree, the defendant was able to prove that the work done by the plaintiff was not 100%, but 60, 15% it was stated that the plaintiff does not execute the employment contract (contract) and thus the plaintiff cannot prove the reasoning of his claim, on the other hand the defendant was able to prove his counter-argument, so that the plaintiff's claim is completely rejected
Process Of Settlement Of Wanprestasi With Execution And Auction Object Of Fiduciary Guarantee at PT. Mandiri Tunas Finance Bengkulu Meri Suarti; Hendi Sastra Putra
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.v8i2.3081

Abstract

Consumer Financing Agreements between finance companies called creditors who are domiciled as fiduciary recipients and debtors as fiduciary givers often default. Creditors' efforts to protect the object of collateral and to minimize non-performing loans from debtors require a Fiduciary Guarantee Institution. Based on the Consumer Financing Agreement that has been mutually agreed upon between the two parties, one of the consequences arising from the default is the withdrawal or execution of the object that is the fiduciary guarantee. PT. Mandiri Tunas Finance is one of the financing companies in Bengkulu, a multi-finance company that runs its business in accordance with applicable laws and regulations. In an effort to ensure the settlement of receivables PT. Mandiri Tunas Finance also registers fiduciary guarantees for objects that are collateral for debts. The focus of the research and the study in this research is how the execution process reaches the auction stage. The method used is empirical juridical also known as juridical sociological research where research can be carried out by observing data sources in the field. Based on the results of this study that the process of executing the object of fiduciary guarantees at PT. Mandiri Tunas Finance Bengkulu Branch was carried out on the basis of the provisions of Law Number 42 of 1999 concerning Fiduciary Guarantees that creditors have parate executie rights. The auction process for fiduciary guarantee objects at PT. Mandiri Tunas Finance Bengkulu Branch is carried out when the debtor does not heed the opportunity given by the creditor to pay off his debt as stated in the Credit Settlement Letter (SPK) given by the creditor after the execution is carried out.
Legal Analysis of the Crime of Money Laundering Through Cryptocurrencies Sigit Eka Putra; 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.v8i2.3101

Abstract

In the era of digital technology, various information, communication and even transaction activities take advantage of all forms of existing technological developments, one of the developments in digital technology that is currently often used in conducting economic transactions both in the form of trade and investment is the emergence of crypto currencies or commonly used in the market. call it Cryptocurrency. With the development of digital technology, it has a positive impact on a country, various components of society participate to take part in utilizing the development of digital technology in conducting economic transactions, especially investment activities. However, the existence of Cryptocurrencies also has a negative impact, with the difficulty of openness or transparency of information from cyprocurrencies, making it easy for criminals to take advantage of cryptocurrencies as a means of committing crimes, one of which is by using cryptocurrencies as a means of money laundering. regulation of money laundering crimes through cryptocurrency media, This study uses a normative method by conducting research through library research in answering the author's problem formulation and get the results that, using cryptocurrency becomes a new mode and makes it easier for perpetrators of money laundering crimes to commit these crimes, with the existence of Cryptocurrencies that provide convenience such as the closure of my identity, no checking accounts and third parties As a supervisor, it has an impact in facilitating a money laundering crime to occur.
Early Marriage According to the Views of Muhammadiyah Figures and Nahdlatul Ulama Leaders (Case Study in Fisherman Village Communities, Medan Marelan District) Desi Handayani Daulay; Amal Hayati; Rahmad Efendi
JURNAL HUKUM SEHASEN Vol 9 No 1 (2023): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i1.3853

Abstract

In this modern era, early marriage still occurs in many regions and regions in Indonesia. For example, a phenomenon that occurs in one of the villages in the city of Medan, namely in Labuhan Village or Fisherman's Village, Medan Marelan District. Many teenagers who do early marriage in the Fisherman Village, Medan Marelan District. Between the ages of 15-17 years, the time span is from August 2021 to January 2022. There are 5-10 teenagers who do early marriages that occur in the Fisherman Village, Medan Marelan District. From the description above, the researcher is interested in discussing the thesis with the title "Early Marriage According to the View of Muhammadiyah Figures and Nahdlatul Ulama Figures (Case Study in the Fisherman Village Community, Medan Marelan District). The problem raised in this study is how Early Marriage According to the View of Muhammadiyah and Nahdlatul Ulama figures, Medan Marelan District, as for the right method to achieve maximum results in this research, namely the Sociological Empirical research method which is comparative. This research is a field research based on research reports. The type of research used in this research is qualitative research. The research subject in this study is a special review of the opinions of Muhammadiyah figures and Nahdlatul Ulama figures in Medan Marelan District. In this study, the author tries to collect the opinions of Muhammadiyah figures and Nahdlatul Ulama figures, then analyzes the opinions of these two mass organizations, and the results of the collection of opinions, namely, Muhammadiyah leaders are that they are more likely to agree with Law no. 16 of 2019 Regarding Marriage, Muhammadiyah Leaders assess this for the common good, because of what the government has made for the good of its people, and the Opinions of Nahdlatul Ulama Figures Some of them are of the opinion that the marriage of the Prophet SAW and Aisyah and made the Hadith of Aisyah as legal basis for allowing underage marriage. Based on the descriptions that the researchers have done, it can be concluded that the opinions of Muhammadiyah figures are more relevant because the government regulations, namely Law no. 16 of 2019 concerning the limitation of the age for marriage, this is considered mature enough in marriage so as to reduce the divorce rate due to early marriage in fishing village communities, and in this case the government also makes regulations for the benefit of the community.
Juridical Review of the Crime of Illegal Logging in the Utilization of Private Forest Timber in the Perspective of Law Number 18 of 2013 Concerning the Prevention and Eradication of Forest Destruction Fahrurazi Ammri; Dwi Putra Jaya; Hurairah Hurairah
JURNAL HUKUM SEHASEN Vol 9 No 1 (2023): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i1.3891

Abstract

The purpose of this study was to determine the regulation on the utilization of private forest timber and the category of illegal logging acts. This type of research is normative research and the research approach is a statutory approach. The primary source of legal material is statutory regulations. The results of the research show that the regulation on the use of private forest wood based on Law 41 of 1999 concerning Godhead and Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction and Minister of Forestry Regulation Number 30 of 2012 concerning Administration of Forest Products Derived from Private Forests can work. together. For evidence of the legality of utilization of private forest, the two laws still refer to the Regulation of the Minister of Forestry Number 30 of 2012 concerning Administration of Forest Products Derived from Private Forests. Categories of illegal logging crimes in the utilization of private forest wood:(a) the use of a document of Transport Note or Self-Use Transport Note or SKAU which is proven to be used as a document for transporting timber originating from state forest areas, (b) if the legitimacy of the origin of private forest products cannot be proven. The conclusion is that it is a crime to exploit private forest wood, if evidence of land legality cannot be proven based on the Minister of Forestry Regulation Number 30 of 2012 concerning Administration of Forest Products Derived from Private Forests.
Legal Study of Users of Prostitution Services Online According to Indonesian Legislation Rolinka Maryonza; M. Arafat Hermana; Ana Tasia Pase
JURNAL HUKUM SEHASEN Vol 9 No 1 (2023): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i1.3892

Abstract

The internet is no longer just a necessity, but has also become a way of life for the people. The internet does not only have a positive side, such as Email, Facebook, E-Learning, E-Banking and E-Government, cyberspace also has a negative impact with the development of cybercrime, including in the field of decency, such as cyberporn, cyber prostitution, online sex and cybersex. Prostitution not only has an impact on those who do it, namely the behavior and service users, but also has an impact on the wider community. The purpose of this research is to find out the legal arrangements and legal studies on users of online prostitution services according to statutory regulations. The research method used in this research is normative research with a statutory approach and so on. Furthermore, the results of research and discussion, namely regulation and legal review are positive laws that regulate online prostitution, namely the Criminal Code, Law Number 11 of 2008 concerning Information and Electronic Transactions and Law Number 44 of 2008 concerning Pornography. The punishment regulated in the above law explains only the punishment for service providers. The law does not regulate criminal provisions for service users in online prostitution crimes.

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