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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 8 Documents
 1 
Search results for , issue "Vol 2 No 1 (2019)" : 8 Documents clear
IMPLEMENTASI KEWENANGAN KEJAKSAAN SEBAGAI PEMOHON DALAM MENGAJUKAN KEPAILITAN DEMI KEPENTINGAN UMUM BERBASIS NILAI KEADILAN SOSIAL
JURNAL HUKUM SEHASEN Vol 2 No 1 (2019)
Publisher : Fakultas Hukum Dehasen

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Abstract

The Public Prosecutor's Office may act in and out of court for and on behalf of the state or government. Subject to the provisions of Article 2 paragraph (2) of Law Number. 37 Year 2004 jo Government Regulation Number. 17 Year 2000 stipulates that the Attorney General as one of the parties who may file for bankruptcy, with the requirements to be met is that no other party has submitted similar applications in the public interest. Based on the matters in this journal then formulated in the formulation of the problem namely; How is the implementation of the authority of the Prosecutor Office as an applicant in filing for bankruptcy in the public interest based on the value of social justice? What factors influenced the effectiveness of the implementation of the authority of the Prosecutor as an applicant in filing for bankruptcy in the public interest?Sociolegal approach method with postpositivist paradigm according to Norman K Denzin and Yvona S Lincoln. Where the authors analyzed from the angle of ontology, epistemolginya and metodelogi. From the results of the discussion in this paper shows that the implementation of the authority of the Prosecutor Office as an applicant in bankruptcy in the public interest based on the value of social justice, regulated in the rules of applicable laws. And the effectiveness of the implementation of Authority to the Attorney as Petitioner In Filing Bankruptcy Case for Public Interest requires the performance of the Prosecutor in establishing the national legal system. Because basically the Prosecutor is one part of the legal structure that affects the workings of the law. Keywords: Authority of Attorney, Applicant of Bankruptcy, Value of Social Justice
JUAL BELI ONLINE DALAM PERSPEKTIF HUKUM ISLAM
JURNAL HUKUM SEHASEN Vol 2 No 1 (2019)
Publisher : Fakultas Hukum Dehasen

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Abstract

The use of internet media to support the process of buying and selling very efficient. For the merchants (sellers or online stores), they do not have to bother building a store, tied up with working hours, have a lot of employees, or display physical merchandise. As for the buyer (buyer) the benefits of shopping through online media (internet), among others, can visit merchants anytime and can be done anywhere. In Islamic law there is no prohibition in terms of media used to conduct transactions, but that must be considered by the merchant and the buyer at the time of buying and selling transaction is to consider elements of Sighat al "aqd (Ijab qabul), Mahallul" aqd (object agreement), Al "aqidaian (the parties that execute the agreement). In addition must meet the principles of syari "ah that is buying and selling must be free from element ribawi, gharar and maisyir. Keywords: Sale and Purchase, Online, Islamic Law
IMPLIKASI POSITIVISME TERHADAP ILMU DAN PENEGAKAN HUKUM
JURNAL HUKUM SEHASEN Vol 2 No 1 (2019)
Publisher : Fakultas Hukum Dehasen

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Abstract

Law as enacted, established, must always be separated from the law that should be created, which is desirable. This is what we now often accept as giving meaning as positivism. The research method used in this research is to use normative legal research method. The principle of positivism flow is the law is considered as a logical, fixed, and closed system (closed logical system). The law is strictly separated from morals, so from matters relating to justice, and not based on good judgment or judgment. the legal worldview is seen from a mere legal telescope and then resolving the cases that occur. The application of positivism to jurisprudence in Indonesia has its own implications that are more negative than positive, because the science of law in Indonesia is more dominated by positivism with its very legal thinking positivitik, the implication that the development of jurisprudence in Indonesia to be not as true science (genuine science), even fall in the practical science, which works by working on normative texts called positive law.Implikasi positivisme to law enforcement that gave birth to law enforcement only stop at procedures, regulations and administrative so that law enforcement in Indonesia becomes detached by the needs of its people and no longer as a search for justice. Keywords: positivism and justice
KAJIAN YURIDIS ANGGOTA KEPOLISIAN DAERAH BENGKULU SEBAGAI PENASEHAT HUKUM DALAM KASUS TINDAK PIDANA NARKOTIKA DI PENGADILAN NEGERI KELAS I A KOTA BENGKULU
JURNAL HUKUM SEHASEN Vol 2 No 1 (2019)
Publisher : Fakultas Hukum Dehasen

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Abstract

The implementation of Perkapolri number 7 year 2015 is the provision of legal aid by members of police as legal advisor and make advocacy against a criminal act of drugs in the Council of District court class 1 A Bengkulu was contradictive with the regulation of lawyer number 18 year 2003 and number 12 year 2001 about Hierarchy of legislation. That contradictive was happen very significant between opinion of the judge in the council of district Bengkulu, Opinion of persecutor in judicial and opinion of lawyer. The judge said that base on PP number 3 year 2003 members of police have authority to defend the criminal act of another members of POLRI who did a criminal act. The Persecutor and lawyer have same opinion that existence members of police contradictive with regulation of lawyer number 18 year 2003 and constitution 1945. This research is intended to analyze legal basic authority members of police to be a legal advisor to suspect/defendant who are members of the POLRI. This research is judicial empirical legal research. The main data in this research is primary data, furthermore also supported by secondary data through library research. After the data was collected, it was processed qualitative descriptively so the result showed that a legal advisor for suspect who are members of POLRI only a lawyer in accordance with regulation of lawyer number 18 year 2003 about avocado and contradictive with regulation of lawyer number 12 year 2001 about hierarchy of legislation. Keywords : members of police, legal advisor, criminal act, council of district cout
KEDUDUKAN BADAN PERADILAN KHUSUS PERSELISIHAN HASIL PILKADA BERDASARKAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA 1945
JURNAL HUKUM SEHASEN Vol 2 No 1 (2019)
Publisher : Fakultas Hukum Dehasen

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Abstract

The enactment of the elections is a mandate from the issuance of Law Number 1 Year 2015 on the Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governors, Mayors and Regents into thelaws, and the enactment of Law No. 8 of 2015 on Changes Upon Act 1 of 2015 Concerning Government Regulation in Lieu of Law No 1 of 2014 on the Election of Governors, Regents and Mayors into (THE) Laws. Then the government and the legislature revised the law on the election of regional headsagain with the issuance of Law Number 10 Year 2016 About the Second Amendment to Law Number 1 Year 2015 On Stipulation of Government Regulation in Lieu of Law Number 1 Year 2014 About Election Governors, Regents, and Mayors Become theLaws. Where in the legislation states that the legislature determines the special election court which then continues with the agreement between the government and the House of Representatives to establish a special court in no later than 2024. This research entitled The Status of the Special Court for Electoral Disputes Dispute Based on the Constitution of the State Republic of Indonesia Year 1945. This research is normative law research using approach of law (statute approach). The result of the research shows that the position of the special judicial institution for the settlement of election result of the regional head if it is outside the judicial authority is unconstitutional according to the 1945 Constitution. Therefore, the establishment of a special court for the settlement of election disputes must be under the Supreme Court. KEY WORDS : Position, Special Election Judiciary Body Election Results Dispute.
Penerapan Hukum Terhadap Tindak Pidana Penyalahgunaan Narkotika Golongan I Menurut Studi Kriminologi (Di BNNP Bengkulu)
JURNAL HUKUM SEHASEN Vol 2 No 1 (2019)
Publisher : Fakultas Hukum Dehasen

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Abstract

Narcotics are substances or drugs derived from plants or non-plants, both synthesis and semisentesis, which can cause a decrease or change in consciousness, loss of taste, reduce pain relief, and can lead to dependence, which are differentiated into groups as attached in Law Number 35 of 2009 concerning Narcotics. Abuse is people who use narcotics without rights or against the Law. The Bengkulu Province National Narcotics Agency is a vertical Government Institution that is located under and responsible to the National Narcotics Agency which is an institution that aims to carry out the Drug Prevention and Illicit Circulation Program (P4GN) with various activities through the field of Prevention and Community Empowerment. behind, then the problem in this research is the application of law in handling the misuse of criminal acts of class I narcotics at the BNNP Bengkulu. Preventive Theory. Theory of crime is a number of theories about the causes of crime. This type of research is empirical research. criminal Narcotics abuse class I in the Bengkulu Province National Narcotics Agency. Drug Abuse and Illicit Circulation (P4GN) with various activities through the field of prevention and community empowerment in the area of Rehabilitation and Field Implementation of strategic plans and work plans in the areas of conflict and eradication and illicit circulation of social, psychotropic, precursor and addictive ingredients in addition to addictive ingredients for tobacco and alcohol which was later called P4GN in Bengkulu Province. Implementation of technical policies in the field of community empowerment, rehabilitation and eradication in the Bengkulu Province. Implementation of technical guidance and supervision of P4GN for BNNK / City in Bengkulu Province. Factors Affecting Drug Abuse Individual Factors, Environmental Factors, Drug Willing Factors. Keywords: legal and Preventive application
ASPEK PERLINDUNGAN HUKUM TERHADAP KONSUMEN JASA PERUSAHAAN LISTRIK NEGARA
JURNAL HUKUM SEHASEN Vol 2 No 1 (2019)
Publisher : Fakultas Hukum Dehasen

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Abstract

This study focuses on aspects of legal protection for consumers of state electricity companies and whether consumers of state electricity companies are provided protection. This study uses a socio-legal approach that primarily performs qualitative methods, based on literature data. Using a socio-legal approach, this research will carry out two types of approaches, which are normative social and legal. This study provides consumers with the protection of state electricity companies where settlement of out-of-court disputes is carried out through the Consumer Protection Foundation (YPK) and if it is unsuccessful, then the lawsuit is carried out through the District Court. Keywords: Legal Protection, Consumers.
SINGKRONISASI PERATURAN KOMISI PEMILIHAN UMUM NOMOR 12 TAHUN 2015 DENGAN UNDANG-UNDANG NOMOR 8 TAHUN 2015 TENTANG PEMILIHAN GUBERNUR, BUPATI, DAN WALIKOTA
JURNAL HUKUM SEHASEN Vol 2 No 1 (2019)
Publisher : Fakultas Hukum Dehasen

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Abstract

The purpose of this study was to find out, understand, and analyze in depth the synchronization of General Election Commission Regulation Number 12 of 2015 with Law Number 8 of 2015 concerning the election of governors, regents and mayors and the validity of registration of candidates for regional heads by two political party general election commission in accordance with applicable laws and regulations. This study uses a normative juridical method that is focused on reviewing the rules or norms in positive law with a statutory approach and a conceptual approach. Then this legal material is analyzed qualitatively, the problems are analyzed by interpreting all laws and regulations relating to the issues discussed, evaluating legislation, and assessing legal materials by taking into account legal theories, research results, and the opinions of legal experts. . From this analysis shows that there is an inconsistency between the General Election Commission Regulation Number 12 of 2015 and Law Number 8 of 2015. In the event of inconsistencies between laws and regulations, then the principle of Lex Superiori derogat Legi Inferiori is applicable, namely higher legislation overrides lower legislation. The validity of the registration of candidates for regional heads by two political party management is invalid because the decision to determine the candidates for regional heads by the two political parties by the electoral commission does not meet the requirements for the validity of state administrative decisions. Keywords: Synchronization, Legality, General Election Commission, State Administration Decision, Regional Head Candidates

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