Jurnal Hukum Sehasen
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).
Articles
110 Documents
<![CDATA[Transfer of Ownership Rights to Land Due to Inheritance Based on Customary Law in Semidang Alas Maras Subdistrict in terms of Civil Inheritance ]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 7 No 1 (2021): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v7i1.2079
<![CDATA[The purpose of this study was to determine the transfer of ownership rights to land due to inheritance based on customary law in Semidang Alas Maras District in terms of Civil Inheritance. This study uses an empirical juridical approach. This approach aims to understand that the law is not merely a set of statutory rules that are normative in nature, but the law is understood as the behavior of people who are symptomatic in their lives, always interact and relate to social aspects, such as; economic, social and cultural aspects. 2. Transfer of land rights regarding the skills and authority to act from those who will transfer and receive the transfer of land rights. Constraints that occur in the implementation of the transfer of ownership rights to land due to inheritance are caused by the community's reluctance to certify their land because the community assumes that the services provided by the land office are very difficult and take a long time and are relatively expensive for people with low economic groups.]]>
<![CDATA[Parenting Rights After Divorce Positive Legal Perspectives and Islamic Law (Study of Lawang Agung Village, Kedurang District, South Bengkulu) ]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 7 No 1 (2021): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v7i1.2080
<![CDATA[Humans are destined to live in pairs, which then the relationship between a man and a woman is bound in a marriage bond. It is based on Article 1 of Law Number 1 of 1974 concerning Marriage (Law No. 1 of 1974). This type of research is a qualitative approach. This type of research is categorized as field research, namely research carried out in the arena or field of the occurrence of symptoms. This study uses the correlation method, namely the method by connecting the selected and explained variables and aims to examine the extent to which the variables in one factor are related to other variables. 3. Child custody due to divorce according to law Positive views on child custody cases are not only a dispute between the interests of the plaintiff and the defendant but especially the interests of the child itself. The child in this case is a small child who is not yet mumayyiz (not yet 12 years old), then the interests of the child are considered to be the realm of public law, meaning that they are in the interests of the community and the state.]]>
<![CDATA[Juridical Analysis of Land Execution at the Argamamur District Court according to the Land Law) ]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 7 No 1 (2021): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v7i1.2081
<![CDATA[The revocation of a favorable decision is a situational sanction not with the intention of being a reaction to an act that is morally wrong, but is intended to end conditions that are objectively unjustifiable. Withdrawal of provisions as sanctions is closely related to the nature of the provisions themselves. In respect of a binding decision, it must be withdrawn by the government organ that issued the decree, and it is only possible to do so as long as the statutory regulations are the basis for the determination. The type of research used in this research is normative legal research. According to Peter Mahmud Marzuki, legal research is a process to find the rule of law, legal principles, legal doctrines in order to answer the legal issues faced. Executing the court's decision called execution is regulated from Article 195 to Article 224 HIR or Article 206 to Article 258 RBG. However, at the present time (this description was made by the author long before PERMA No. 1 of 2000 was published), not all provisions of the aforementioned articles are effective. Articles that are still really effective apply especially Article 195 to Article 208 and Article 224 HIR or Article 206 to Article 240 and Article 258 RBG While Article 209 to Article 223 HIR or Article 242 to Article 257 RBG which regulates "hostages" (gijzeling ), is no longer treated effectively. A debtor who is sentenced to pay his debts based on a court decision can no longer be "held hostage" in an effort to force his relatives to make payments according to a court decision.]]>
<![CDATA[Responsibilities of Parents to Children After Divorce According to Presidential Instruction Number 1 of 1991 Perspective of the Compilation of Islamic Law ]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 7 No 1 (2021): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v7i1.2082
<![CDATA[Compilation of Islamic Law, in reality, often an unhappy family or household life occurs. The condition of the marriage is so bad, that from any point of view, it is better to break the marital relationship than to continue it. This means that although marriage is a "very strong agreement (Mitsaqon Ghaliidhan)" that binds physically and mentally between husband and wife, the marriage bond can be broken if husband and wife decide it, because both parties have the right to break the agreement. This is the focus of the author's research, namely the responsibility of parents to children after divorce according to Presidential Instruction No. 1 of 1991 from the perspective of KHI. What are the inhibiting factors for parents who do not carry out their obligations to children after divorce. The method used in this study uses a qualitative descriptive method. Based on the results of the study, the authors conclude that the responsibility of parents to children after divorce in Presidential Instruction Number 1 of 1971 concerning the perspective of compiling Islamic law is still contrary to the law. There are still many parents who have not met the needs and support for their children due to several inhibiting factors. The inhibiting factors are a) Lack of good communication from both parents after a divorce, b) Weak economy, c) Lack of religious knowledge in the family, and d) Distance between children's homes and parents after divorce and especially economic factors which are the core parent problems.]]>
<![CDATA[Legal Protection for Children as Divorce Victims According to Law Number 1 of 1974 ]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 7 No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v7i2.2226
<![CDATA[The purpose of this study was to determine the relationship between a man and a woman who were bound in a marriage bond. It is based on Article 1 of Law Number 1 of 1974 concerning Marriage (Law No. 1 of 1974). This study uses the Juridical Empirical approach. This approach aims to understand that the law is not merely a set of statutory rules that are normative in nature, but the law is understood as the behavior of people who are symptomatic in their lives, always interact and relate to social aspects, such as; economic, social and cultural aspects. the marriage has been broken due to divorce, it does not result in the relationship between the parents (divorced husband and wife) and the children born from the marriage breaking up. Because it is strictly regulated that husband and wife who are divorced still have the obligation as parents, namely to maintain and educate their children.]]>
<![CDATA[Communication Strategy of the National Narcotics Agency (BNN) in Overcoming Drug Users in Bengkulu City ]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 7 No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v7i2.2227
<![CDATA[The purpose of this study was to determine various kinds of developments both in form and substance. In ancient times, drugs were only limited to opium and marijuana (natural), but the impact of the development of science and technology has also developed from the substance and form of drugs by conducting chemical studies by chemists who are used by drug manufacturers. to produce drugs to be more developed and varied so that they can benefit the perpetrators. This type of research is descriptive qualitative research, so that it can be described systematically about a situation, situation, and phenomenon, about the communication strategy of the National Narcotics Agency in tackling drug abuse in Bengkulu. The Bengkulu National Narcotics Agency does not have a specific strategy in conveying communication about the dangers of this drug, but when the researchers conducted interviews there were people who were reluctant to cooperate in eradicating this drug trafficking, even people who were addicted were reluctant to report and were reluctant to be rehabilitated by the National Narcotics Agency. Bengkulu, even though the aim of the Bengkulu National Narcotics Agency is very good to help the dependent.]]>
<![CDATA[Juridical Study on the Settlement of Child Cases as Victims of Sexual Violence Perspective of Law 35 of 2014 concerning Child Protection in Bengkulu City ]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 7 No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v7i2.2228
<![CDATA[The recent rise of sexual violence against children has caused new problems both socially and legally, in other words, incest is a deviant act that is not allowed by religion and violates the law which often occurs in areas in Bengkulu Province. Whereas based on Law No. 35 of 2014 concerning Child Protection, those who are obliged and responsible for the implementation of child protection are the State, Government, Community, Family and parents. The purpose of this study is to find out whether the regulation of incest crimes has been effective in reducing incest crimes, especially parents as perpetrators of sexual violence against biological children and to provide changes to the rules in order to make changes to criminal law related to crime as a sentencing goal which starts from two targets, namely: community protection and protection/development of individual perpetrators of criminal acts. The approach method applied in this research is empirical juridical which consists of three, namely a. a legal case study approach that is without conflict so that there will be no interference with the court, b. a legal case study approach due to a conflict so that it will involve court intervention to be able to provide a resolution decision, c. an approach to a legal event that is still in progress or has not ended. In this study, the current legal protection arrangements have been effective in reducing parents as perpetrators of sexual violence against biological children (incest crime) and parents who commit sexual violence (incest crime) in the future. addition of articles (criminal law reform).]]>
<![CDATA[The Effectiveness of the General Elections Supervisory Body in Handling Violations in the 2019 General Elections According to Law Number 7 of 2017 concerning General Elections (Bawaslu Case Study of Bengkulu Province) ]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 7 No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v7i2.2229
<![CDATA[In Bengkulu City there are still many violations in every general election such as administrative violations, criminal violations and violations of the code of ethics, there are two problems studied in this thesis, namely How Effectiveness of the General Elections Supervisory Agency in handling violations in general elections, How are the sanctions given by the Election Supervisory Agency General in resolving the handling of violations that occurred in the general election. This type of research method uses normative-empirical legal research methods, namely legal research regarding the enactment or implementation of normative legal provisions in action on every particular legal event that occurs in the community. The theory used in this research is supervisory theory, effectiveness theory, authority theory and rule of law theory. The General Elections Supervisory Body is still less effective in resolving the handling of violations in the general election because there are still many violations that still occur during the general election and the sanctions given have no clear firmness and have not created a deterrent effect for those who commit violations.]]>
<![CDATA[Juridical Study on the Settlement of Child Cases as Victims of Sexual Violence in the Perspective of Law Number 35 of 2014 concerning Child Protection in Muko-muko Regency ]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 7 No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v7i2.2230
<![CDATA[Child is someone who is not yet 18 (eighteen) years old, including children who are still in the womb. Children's understanding and perception of the world that is still minimal causes them to be vulnerable to the development of situations around which are sometimes so complex. The type of research used in this study is a type of empirical juridical research. This type of research is not conceptualized as an independent (autonomous) normative phenomenon, but as a social institution that is linked in real terms with other social variables. The long-term impact of sexual violence against children is that children who are victims of sexual violence in childhood have the potential to become perpetrators of sexual violence in the future. The helplessness of victims when faced with acts of sexual violence in childhood, is unconsciously generalized in their perception that sexual acts or behavior can be done to weak or helpless figures. Children who are sexually abused take one to three years to open up to others]]>
<![CDATA[Analysis of Non-performing Loans Settlement at PT Astra Credit Companies in Review of the Civil Code Article 1313 (Bengkulu City Study) ]]>
<![CDATA[Ramadhan Nur Ilham]]>;
<![CDATA[Ana Tasia Pase]]>;
<![CDATA[Ferawati Royani]]>
<![CDATA[ JURNAL HUKUM SEHASEN Vol 8 No 1 (2022): April ]]>
Publisher : <![CDATA[Fakultas Hukum Dehasen ]]>
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DOI: 10.37676/jhs.v8i1.2457
<![CDATA[This study aims to analyze the Non-performing Loans Settlement at PT Astra Credit Companies in Review of the Civil Code Article 1313 (Bengkulu City Study). This study uses the Juridical Empirical approach. This approach aims to understand that the law is not merely a set of statutory rules that are normative in nature, but the law is understood as the behavior of people who are symptomatic in their lives, always interact and relate to social aspects, such as; economic, social and cultural aspects. Any factors that cause non-performing loans at PT Astra Credit Companies should provide legal protection to consumers from a judicial perspective, this is intended if there is a dispute or dispute, legal action can be taken through the courts (litigation) and outside the court (non-litigation) so that consumers or creditors are maintained in terms of security. It is better if the settlement is carried out through mediation so that no one is harmed between the debtor and creditor.]]>
