cover
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
ISSN : 25285025     EISSN : 27466485     DOI : https://doi.org/10.37676/jhs
Core Subject : Social,
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 49 Documents
FAKTOR-FAKTOR PENYEBAB TIDAK TERCAPAINYA TUJUAN PEMIDANAAN LEMBAGA PEMASYARAKATAN DI INDONESIA
JURNAL HUKUM SEHASEN Vol 1 No 1 (2015)
Publisher : Fakultas Hukum Dehasen

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Abstract

Many problems that happen in law institution at the moment prove that how weak of it running the laws especially of problem in law institution it self. The research uses normative law method by using comparative and conceptual approaches. The gathering data is law literature such as primary law matter, secondary and tertier. The analyze of law matter uses “content analysis”. Based on the result research and its analyze we come to the conclusion that: Firstly, the effect factors in the law institution on the treatment doesn’t touch the goal of treatment likely: law factor, the judgement’s factor, facility, society and culture factors. Keywords :  Cause, Not Proven, Punishment, Prison
KEWENANGAN BANK INDONESIA DALAM PENGATURAN DAN PENGAWASAN PERBANKAN SETELAH TERBITNYA UNDANG-UNDANG NO 21 TAHUN 2011 TENTANG OTORITAS JASA KEUANGAN
JURNAL HUKUM SEHASEN Vol 1 No 1 (2015)
Publisher : Fakultas Hukum Dehasen

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Abstract

Bank Indonesia is the central bank of Indonesia which has the authority as the monetary authority (monetary authority) and to supervise and regulate banking institutional. To keep the independency of Bank Indonesia, based on Bank Indonesia Law 23/99 Article 34 paragraph (1) and (2) then formed the Financial Services Authority (OJK) on 22 November 2011, the OJK has the function of regulation and supervision of banking in Indonesia. Banking regulation by the OJK considered not have the legal basis for the establishment OJK formed to the banking supervision is considered that Bank Indonesia has failed to carry out these functions while the banking arrangements are retained by Bank Indonesia in accordance with the explanation of Article 34 paragraph (2) of the Act of Bank Indonesia, not only that delay the establishment of the OJK also considered unconstitutional by some parties that the filing of a lawsuit to download the OJK Act judicial review to the Constitutional Court (MK). Establishment of the OJK that no delay occurs then make FSA unconstitutional but the OJK when examined under Law 12/11 on the establishment of legislation, the OJK is a constitutional institution but when examined the substance of the Act OJK then indeed there is debate as function settings question will cause the function to implement and establish a system of payment by Bank Indonesia smoothness will automatically fall under the authority of the OJK for implementing and applying the regulatory function of the payment system is one of the activities in the regulation and supervision of banks that will lead to the health of financial institutions, especially banks can be controlled and detected earlier if there are indications of deterioration of the financial condition of banking which will lead to a suspension / closure of banking activities Keywords: Bank Indonesia, Law No 21 Year 2011 Regarding The Financial Services Authority, Regulatory Authority And Banking Supervision
PRINSIP BAGI HASIL PADA PERBANKAN SYARI’AH
JURNAL HUKUM SEHASEN Vol 1 No 1 (2015)
Publisher : Fakultas Hukum Dehasen

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Abstract

Islamic banking at present experiencing rapid growth, as evidenced by the presence of a wide range of syari’ah banks and conventional bank runs its business according to syari’ah principles. Syari’ah principle is a principle derived from the values of Islam, which is used as a guide for syari’ah banking operations. Characteristics of Islamic banking is the use of profit-sharing system, which distinguishes it from conventional banking system to interest. This research aims to find out more about the basic principles on Islamic banking, and to analyze more clearly the comparison between the results of the banking system of syari’ah with the conventional banking system of interest. The method used in this study is the research literature, with qualitative research methodology, using the approach to law, historical approach, comparative approaches and conceptual approaches. The results showed that the basic principle on Islamic banking consists of: principles of cooperation, trust principles, precautionary principle, principle of responsibility and fairness. Comparison between the results of the banking system of syari’ah with the conventional banking system in the interest lies in the concept of getting the benefits, in addition to the basic differences between Islamic banking system with the conventional banking lies in the differences in philosophical aspects, operational aspects, social aspects and aspects organization.   Keywords: Principle of  Profit sharing, Islamic Banking.
WASIAT WAJIBAH BAGI ANAK ANGKAT PADA MASYARAKAT KOTA BENGKULU
JURNAL HUKUM SEHASEN Vol 1 No 1 (2015)
Publisher : Fakultas Hukum Dehasen

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Abstract

In the implementation of the removal of the child was still there a legal provision that still has not been uniform. Legal provisions concerning adoption spread into some legal rules, both written and unwritten. Such a situation certainly raises issues regarding the legal effect of such adoption particularly for children who are removed. In this case the focus is on the author's research was borrowed against adopted children in the city of Bengkulu. This research will explore how the implementation of child adoption in Bengkulu city communities and how the implementation of the adopted child was borrowed in the city of Bengkulu. This study aims to determine the implementation of the adoption and implementation of the city of Bengkulu was borrowed foster child in the city of Bengkulu. This study uses empirical juridical approach. This approach aims to understand that the law is not merely as a set of rules of law that are normative but the law is understood as public behavior that mengejala in life. Qualitative approach, in which the research is expected to produce data deskreptif form of data written or oral from the people and behaviors that can be observed. This study concludes that the adoption of children in the city of Bengkulu amicably implemented according to local customs without going through the trial process. This is because the proceedings were perceived by the public is quite complicated and time consuming. Avoid this process generally removal of the child in the city of Bengkulu much happens in a family without getting the determination of the court and the division of property in a will or estate community habits adopted children in a family to adopt a child through a process based on the applicable rules of customary law applicable to public The. This is in accordance with the rules of fiqh which states can be defined as customary law (العادة المحكمة). Keywords: Was Borrowed, Adopted Children, City Bengkulu
DUE PROCESS OF LAW DALAM PENANGGULANGAN TINDAK PIDANA BERBASIS FUNGSI HUKUM YANG BERKEADILAN
JURNAL HUKUM SEHASEN Vol 1 No 1 (2015)
Publisher : Fakultas Hukum Dehasen

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Abstract

In the criminal justice system, due process of law is defined as a legal process that is good, true and fair. Such legal process occurs, when law enforcement officers related to the process, not only carry out their duties in accordance with existing rules, but also implement the principles and principles which underlie a fair legal process. Implementation of Due Process Of Law is indispensable in maintaining human rights are protected, is associated with its own criminal law issues, protection of witnesses and victims of crime as well as the role of the community towards the protection of victims. Keywords: Criminal Justice System, Justice, Due Process of Law.
HAMBATAN PENYELESAIAN SENGKETA TAPAL BATAS ANTARA KABUPATEN BENGKULU UTARA DENGAN KABUPATEN LEBONG BERDASARKAN HUKUM ADMINISTRASI NEGARA/HUKUM KETATANEGARAAN
JURNAL HUKUM SEHASEN Vol 1 No 1 (2015)
Publisher : Fakultas Hukum Dehasen

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Abstract

On the issue of the boundary dispute between North Bengkulu Regency of Lebong, caused by an Act of Establishment of each area and the expansion area of Lebong resulting in a boundary dispute this. Objective: (1) determine the cause of the dispute as the border between North Bengkulu Regency of Lebong, (2) can explain Barriers boundary dispute between Lebong. This type of research used in this study is normative, because the material covered prioritize a review of the terms of the legislation relating to the Settlement Boundary between Lebong regency in Bengkulu Utara Based on Law Number 32 Year 2004 on Regional Government (replaced by Law Number 23 Year 2014 on Regional Government). Research results show that 1) Cause Boundary disputes between Lebong regency in Bengkulu Utara, described: first, the Regional Establishment Act and second, Extension Lebong regency. 2). Barriers to Settlement of disputes boundary between North Bengkulu regency of Bengkulu Lebong is the Governor's letter No. 140/021 / A / B.1. The letter, declare that the governor of Bengkulu support Formation of the District Padang Bano. The letter has been at odds with the numbers 2 Minutes of Agreement of the Region Emphasis Team, dated June 20, 2008. Keywords :  disputes / conflicts, procurement, obstacles
PENYELESAIAN SENGKETA KEWENANGAN PENYIDIKAN TINDAK PIDANA KORUPSI PENGADAAN SIMULATOR SURAT IZIN MENGEMUDI ANTARA POLISI REPUBLIK INDONESIA DAN KOMISI PEMBERANTASAN KORUPSI
JURNAL HUKUM SEHASEN Vol 1 No 1 (2015)
Publisher : Fakultas Hukum Dehasen

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Abstract

Authority dispute between the Indonesian National Police and the Commission for the eradication of corruption is a dispute of authority in the eradication of corruption Corps Traffic Police on the procurement of a driver's license. Both of these law enforcement agencies alike want to handle traffic cases in the Police Corps. KPK and the police have the same powers of inquiry and investigation under the Act are held by law enforcement agencies. KPK use Law No. 30 of 2002, while the police by Undang0undang No. 2 of 2002. In the dispute over state institutions can not be left alone then it must be resolved constitutionally according to applicable legislation. From the results of this study was found the answer to the problem formulation is that disputes this institution is under the authority of the constitutional court to resolve because the agency KPK kewenagannya taken by police agencies, both state agencies is a state institution whose authority granted by the 1945 Constitution Based on Article 24 C of paragraph (1) of this that the constitutional court must resolve this dispute the authority of state institutions. Keywords: Authority, the Commission, the Police, and the Constitutional Court.
HAK PREOGRATIF PRESIDEN DALAM MENGANGKAT KAPOLRI DITINJAU DARI SISTEM KETATANEGARAAN INDONESIA
JURNAL HUKUM SEHASEN Vol 1 No 1 (2015)
Publisher : Fakultas Hukum Dehasen

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Abstract

Presidential system is a centralized system of governance on the powers of the President as head of government and head of the Country is in this system, the executive branch more robust in the face of a Presidential system rated entity legislatif.Keberadaan advantages and kekurangannya.Kelebihannya is that more presidential system guarantees the stability of governments, whereas the shortcomings, these systems tend to put the executive power as a part that is very influential because of his considerable powers besar.merupakan prerogative of the executive branch without the consent of any other party, to carry out certain activities or to provide or not provide specific consent solely if he considered itself is considered appropriate to do, with or without the recommendation of others. Indonesian Police Being under President executive powers and headed by the President as head of state and head of government, the National Police under Article 30 UUD 1945 is a tool of the state and not a tool of government as perceived in the pre-democratic system of government. The provisions of the 1945 Constitution in Article 301 paragraph 4 for very obvious Police confirmed it. Constitutionally, Police today, is a tool of the state, so that its position as a subordinate to the President, is associated with the notion of President as head of state, not in the context of the head and government functions in the technical sense. Seeing the advantages and disadvantages of the presidential system, especially in the case of the appointment of the leader of the state apparatus, then the necessary constitutional arrangements to finance the negative impact or weakness of the system in Keywords: Presidential System, Prerogatives Rights, Police Chief Appointment
Politik Hukum Perlindungan Anak Di Indonesia
JURNAL HUKUM SEHASEN Vol 1 No 2 (2017)
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Abstract

The child is a trust and a gift from God Almighty who inherent in dignity and dignity as a human being upheld and every child born should get his rights. Child Protection is an effort by the government to reform laws aimed at ensuring the fulfillment of children's rights in order to grow, develop and participate optimally, according to human dignity and protection and violence. Identification of issues raised in this study are: (1) What is the political regulation of child protection law in Indonesia ?, (2) How is the implementation of child protection politics politics in Indonesia ?, and (3) How is the policy that can be done by government in giving protection to children which will come?The approach method used in the preparation of this research is the normative juridical approach, with secondary data as the source. The results show that the political regulation of child protection law in Indonesia begins with the existence of the Convention on the Rights of the Child expressed in Indonesia since October 5, 1990, and then Law no. 3 of 1999 concerning Juvenile Court, Law Number 39 Year 1999 on Human Rights, Law Number 23 Year 2002 on Child Protection, Law no. 35 Year 2014, until the issuance of Law No. 1 Year 2016 on Child Protection. The implementation of child protection law politics in Indonesia is still far from expected, still lack of legal protection for children either as victim or as perpetrator of crime. Policies that can be taken by the government in providing child protection in the future with legal reform efforts in Indonesia, the development of diversion and restorative justice concepts in the implementation of the Indonesian criminal justice system, and law enforcement that embodies substantive justice.Keywords: Political Law, Child Protection, In Indonesia
MAKNA NEGARA HUKUM DALAM PERSPEKTIF POLITIK HUKUM (Telaah Yuridis Materil dan Formil)
JURNAL HUKUM SEHASEN Vol 1 No 2 (2017)
Publisher : Fakultas Hukum Dehasen

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Abstract

In Article 1 Paragraph 3 of the 1945 Constitution of the Republic of Indonesia (NRI) states that Indonesia is a state of law. The law is the commander, all rights and obligations between state officials and the people gets the same treatment before the law (Article 27 of the 1945 Constitution of the Republic of Indonesia). The question is whether the concept of a state of law has achieved its ideal goal towards a nation state which is prosperous inward, just based on the One Godhead, the gap between das sollen (ideal) and das sein (empirik) in the implementation of the implementation of rights and duties a country.The study of this paper is the result of literature review with the compilation of various concepts, theories concerning the relationship of the concept of legal state with the concept of legal politics. Several concepts are analyzed with the interdisciplinary approach of nationality issues, to find constructive academic answers.The finding, that it is necessary for an official policy line of a country (legal politics). Political law is seen as a formal legal subject to the state which is its material object. The integration between the relation of the material object of law and the formal object of law as a wise step towards a prosperous nation of nation is born inward, just and prosperous based on Belief in the One Supreme