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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 12 Documents
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Search results for , issue "Vol 8 No 2 (2022): Oktober" : 12 Documents clear
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.
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

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