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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 6 Documents
 1 
Search results for , issue "Vol 9 No 1 (2023): April" : 6 Documents clear
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.
Juridical Review of the Role of Society Against Sexual Crimes of Minors Through Gadgets Based on Law Number 19 of 2016 concerning Information and Electronic Transactions Sahedi Sahedi; Sandi Aprianto; Widya Timur
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.v9i1.3893

Abstract

Human rights in Indonesia are highly respected, where children's rights are included and marked by the guarantee of protection and fulfillment of children's rights in the 1945 Constitution of the Republic of Indonesia and several laws and regulations. One of the important rights that children should have is the right to get legal protection, where rights are given to children who experience abuse, exploitation, crime/violence, child trafficking, neglect, children living in conflict-prone areas, vulnerable to disasters and other laws. In 2019, the Ministry of Women's Empowerment and Child Protection (Kemen PPPA) recorded 6,454 children being victims of sexual violence. This number increased in 2020 by 8.14 percent. Then in 2021, the increase will be 25.07 percent. The Ministry of Women's Empowerment and Child Protection (Kemen PPPA) received 10,727 reports of cases of violence against women and children. As many as 11,604 people become victims of sexual violence in 2022, namely 56.5 percent of children become victims. What is the role of the community towards sexual crimes of minors through gadgets based on law number 19 of 2016 concerning information and electronic transactions in reducing sexual crimes. Sexual crime is a crime that is quite high in Indonesia which causes trauma, depression and death. The legal research methodology used is normative legal research or library research. Based on this theory of legal protection, the authors analyze that the use of gadgets by children is mostly uncontrolled. So that it is easier for children to access websites related to sexuality. Because minors are people who are not competent in law, the use of gadgets must be supervised by parents so that they are not used as an example by minors. This is where the role of the government is to be able to block games related to sex, then there are videos like on social media that should be blocked. In addition, the community must be educated about the dangers of using gadgets for the future of children, but on the other hand, there are also positive impacts. The author analyzes that the role of the community is very influential in reducing the number of sexual crimes against minors, because the community has direct contractors, especially parents, relatives and the closest environment who have minors but are required to use gadgets for school purposes, given the changing times and increasingly sophisticated technology.
Juridical Analysis of Article 45 Paragraph 2 of Law Number 19 of 2016 Concerning Information and Electronic Transactions Against Gambling Crimes Among the Community Based on Social Control Theory Surya Kuswanto; M. Arafat Hermana; Ferawati Royani
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.v9i1.3895

Abstract

Gambling is a game where players bet to choose one option among several options where only one choice is correct and wins. The player who loses the bet will give his bet to the winner. Rules and bet amounts are determined before the game starts. Community disease in the form of gambling in 2021 as many as 198 cases have been revealed with 294 suspects. 612 Online Gambling Cases in 2022. This online gambling crime is very popular among young people and adults so that this crime is difficult to eradicate considering that access to technology is developing rapidly and provides the lure of wealth. Seeing the rise of gambling crime cases, the authors are interested in conducting this research, namely how to analyze Juridically Article 45 paragraph 2 of Law Number 19 of 2016 concerning Information and Electronic Transactions Against Gambling Crimes Among the Community Based on Social Control Theory. The theoretical framework is the rationale that explains from which angle a problem will be reviewed, namely the theory of social control and theory of law enforcement. The legal research methodology used is normative legal research or library research.The community is also required to cooperate with the government in addition to closing access to gambling websites, the community is also expected to be able to report this gambling activity which incidentally is not only done alone but can also be done together. Based on the theory of law enforcement, the activity of harmonizing the relationship of values ​​that is described in solid principles and attitudes as a series of final stages of value translation. To create, maintain and maintain social peace of life. This theory plays an important role in the emergence of a deterrent effect, so that strict punishment can set an example for the perpetrators of this gambling crime. According to the author, these things can provide a sense of justice for all Indonesian people.
Study of the Legalization of Children Outside of Marriage in the Perspective of the Marriage Law Number 16 of 2019 and Legislation Veni Apreliasari; Dwi Putra Jaya; Sandi Aprianto
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.v9i1.3896

Abstract

The objectives of this research are: 1. To find out the legalization of children outside of marriage in the perspective of the Marriage Law Number 16 of 2019 and laws and regulations? 2.To find out and explain the Legalization of a Child Out of Marriage in the Perspective of the Marriage Law Number 16 of 2019 and Legislation? This type of research is normative through library research by tracing various rules related to research, reviewed From various literature, journals, books and judges' decisions which are important study guidelines in this study, this research technique is in the form of collecting data or analyzing research that has been used by previous researchers. Research results 1. Legalization of children outside of marriage in the perspective of the Marriage Law No. 16 of 2019 and statutory regulations. An endorsement must be preceded by an acknowledgment. Likewise with the letter of ratification of a child out of wedlock, it must be preceded by an acknowledgment from both parents. A letter of authorization for a child out of wedlock is a legal tool (rechts middle) to give the child the position (status) as a legitimate child. As a result of the recognition of a child out of wedlock, namely the emergence of a civil relationship between the child and the father or mother who recognizes it. With the emergence of this Civil relationship, the status of children out of wedlock changes to those of children out of wedlock who have been recognized, their position is far better than children out of wedlock who are not recognized. 2. Implementation of Legalization of Children Outside of Marriage in the Perspective of the Marriage Law Number 16 of 2019 and Legislation it applies the provisions of the same law, as if the child was born in a marriage, which means that the child has the same position as children born throughout the marriage. These children obtain the status of legal children, not only to their parents but to the parents' relatives.

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