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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 8 Documents
 1 
Search results for , issue "Vol 1 No 2 (2017)" : 8 Documents clear
Politik Hukum Perlindungan Anak Di Indonesia
JURNAL HUKUM SEHASEN Vol 1 No 2 (2017)
Publisher : Fakultas Hukum Dehasen

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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
POLITIK HUKUM EKONOMI KERAKYATAN BERBASIS ORANG ASLI PAPUA DALAM KONSEP OTONOMI KHUSUS PAPUA
JURNAL HUKUM SEHASEN Vol 1 No 2 (2017)
Publisher : Fakultas Hukum Dehasen

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Abstract

Populist economic development in the era of the Papua Special Autonomy aims to increase community participation in various activities especially in the field of economic development. Dnature of this context, if we want to talk 'prosperity and welfare of indigenous Papuans, we first formulate the proper democratic economy with social and cultural life of indigenous Papuan people. The presence Perdasus No. 18  No. 18 of 2008 on Kerakyataan Based Economy has given a clear formulation of improving the lives of the indigenous people of Papua especially in developing themselves in the micro and macro level. 
PENYELESAIAN SENGKETA TAPAL BATAS ANTARA KABUPATEN LEBONG DENGAN KABUPATEN BENGKULU UTARA BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2004 TENTANG PEMERINTAHAN
JURNAL HUKUM SEHASEN Vol 1 No 2 (2017)
Publisher : Fakultas Hukum Dehasen

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Abstract

On the issue of the boundary disputes between Lebong District and North Bengkulu Regency, which is caused by the Law of Establishment of their respective regions and the extension of Lebong Regency region which resulted in the development of territory by Lebong Regency against some areas of North Bengkulu Regency. The objectives of the research are (1) to know the cause of conflict / disputes between Lebong District and North Bengkulu Regency, (2) to explain the alternative of settlement of border disputes between Lebong Regency and North Bengkulu Regency according to the laws and regulations. The type of research used in this study is normative, because the material discussed prioritizes review in terms of legislation related to the Settlement of Boundary Disputes between Lebong District and North Bengkulu Regency Based on Law Number 32 Year 2004 regarding Regional Government. The result of the research shows that 1) Alternative of settlement of boundary disputes between Lebong Regency and North Bengkulu Regency according to the laws and regulations, namely legal settlement and non-legal settlement.Keywords: dispute, prohibition, alternative
LALU LINTAS DAN ANGKUTAN JALAN TERHADAP KECELAKAAN LALU LINTAS DI JALAN RAYA
JURNAL HUKUM SEHASEN Vol 1 No 2 (2017)
Publisher : Fakultas Hukum Dehasen

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Abstract

Human mobility and automobile goods are growing rapidly as a result of improved welfare and technological advances in transportation. This has resulted in increased frequency of traffic accidents with victims of drivers and road users. Users of two-wheeled vehicles are more at risk of accidents than other transportation, traffic on the road is part of the daily activities of the community. Some people do traffic activities to get to the place of activities such as offices, schools, markets, attractions and so forth. Damaged road conditions (holes) can lead to traffic accidents let alone not careful driving. Law Number 22 Year 2009 on Traffic and Road Transportation, The research method used in this research is by using normative legal research method. As a normative legal research. the implementation of Article 273 of Law No. 22 of 2009 on Road Traffic and Transportation on road accidents has not been effective. It is said that not yet effective Article 273 is a lot of accidents due to damaged roads or roads perforated but the traffic law has not been executed, when it is clearly regulated in Article 273 of Law No. 22 of 2009 on Traffic and Road Transport. Law no. 22 of 2009 is unable to reflect public discipline in traffic on the road, because it contains many unclear (unreasonable) concepts, does not have broad sociological support, does not fulfill the requirements of philosophical validity, even though it is juridically qualified.Keywords: implementation and Law Enforcement
Legalitas Perkawinan Beda Agama Menurut Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan Dan Undang-Undang Nomor 23 Tahun 2006 Tentang Administrasi Kependudukan
JURNAL HUKUM SEHASEN Vol 1 No 2 (2017)
Publisher : Fakultas Hukum Dehasen

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Abstract

Undang-Undang No. 1 Tahun 1974 Article 1 mentions that marriage is a bond of inner birth between a man and a woman as husband and wife in order to form a happy and eternal family (household) based on God Almighty. The article 2 clause (1) explains that legal marriage is a marriage that is done according to the law of each religion and belief. Indonesia is still prohibiting the marriage of different religions, but today the marriage of different religions is increasingly widespread. Controversy occurred when the issuance of Undang-Undang No. 23 Tahun 2006 regarding Population Administration. Due to the existence of this Act is very possible to pairs of religious differences can be recorded marriage of origin through the establishment of the Court. This is stated in Article 35 (a) which states that the marriage registration shall also apply to the marriage set by the Court. In the explanation of this article "that the marriage set by the court is a marriage performed among people of different faiths. Based on the results of the study can be concluded that the provisions of Undang-Undang No. 1 Tahun 1974 About Marriage and Compilation of Islamic Law prohibits the marriage of different religions. While the rules applicable in Article 35 letters (a) of Undang-Undang No. 23 Tahun 2006 concerning Population Administration tend to allow marriage of religious differences, resulting in a synchronization between the Marriage Law and the Population Administration Act. So in the principle of legislation apply adagium lex specialis derogat lex generalis (legislation that is specific to rule out general laws and regulations). Marriage Law is a special rule that is about marriage then the position is on lex specialis. While the Population Administration Act is general, because it concerns a general nature, not only regulate the marriage registration but also the administration of other population. So it can be said that the Marriage Law overrides the Population Administration Act, which means that the marriage of different religions is prohibited by the prevailing laws and regulations in Indonesia. This research is a descriptive analysis that describes the systematic, factual, and accurate problems studied. While the approach used is the juridical normative approach is the approach used to determine the existing laws and regulations, and review through Islamic law and positive law.Keyword: legality, marriages.
Wajib Daftar Usaha Bagi Pelaku Usaha E-commerce Menurut Undang-undang Nomor 7 Tahun 2014 Tentang Perdagangan
JURNAL HUKUM SEHASEN Vol 1 No 2 (2017)
Publisher : Fakultas Hukum Dehasen

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Abstract

Enterprises / bisnise-commerce has many moldy in Indonesia, we would have seen an offline business which is then marketed e-commerce to boost sales or to be famous. business e-commerce is certainly a business that is run through the internet media. Everyone who has an internet connection and also have products to sell in e-commerce can run a business e-commerce. The target market is not limited because it can sell products anywhere both local and International. Business e-commerce in Indonesia is not specifically regulated in the Act. No ordinance, transaction requirements, requirements for the establishment, the tax to be paid and other matters that regulate this activity. However, to minimize crime in the business of e-commerce, the government has made the Law on Information and Electronic Transactions (UU ITE) No. 11 of 2008. In addition to reducing the risk of e-commerce businesses that do not provide good consumer rights, the government formulates regulations rules in order to protect the transactions made by buyers and sellers in Act No. 7 of 2014 About the trade that every business needs to have a business license (original). Interest diharuskannya register the company, that the government can prepare and establish policy in order to provide guidance, supervision and oversight of the business world at a time can be used as security for the state revenue in creating healthy business science and orderly. The government will also be easy to occasionally follow carefully the circumstances and the actual development of the business and the company, in this thesis will discuss how setting trade license e-commerce pursuant to Law No. 7 Tahun2014 on Trade, and the way law enforcement mandatory list of business for the business e-commerce.
NIKAH SIRI DAN PROBLEMATIKANYA DALAM HUKUM ISLAM
JURNAL HUKUM SEHASEN Vol 1 No 2 (2017)
Publisher : Fakultas Hukum Dehasen

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Abstract

Marriage recording aims to realize marital order in society. It is an effort regulated by legislation, to protect the dignity and sanctity (mitsaq al-ghalidz) of marriage, and more particularly of women in domestic life. Through the marriage certificate proven by the marriage certificate, each of which the husband and wife shall obtain a copy, in the event of a dispute or quarreling between them, or one irresponsible, the other may make any legal remedy in order to retain or obtain the rights of the individual, respectively. Because by the deed, the husband and wife have authentic proof of their legal deeds. Among Islamic societies there are still two views on the existing legal or regulatory norms, especially marriage rules. Thus, when looking at the reality of Muslims in particular, there are still many cases of unregistered marriages. Thus there is a dichotomy between religious law and state law. The type of this research is library research (library research).Keywords: Nikah siri, Problem, Islamic Law

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