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Analysis Of Civil Legal Responsibility Of Dangerous Skincare Sellers Towards Consumers (Case Study Of The Distribution Of Pinkflash Brand Cosmetics In Bengkulu) Ramadhania, Prima; Hurairah, Hurairah; Aprianto, Sandi
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10814

Abstract

The circulation of cosmetic and skincare products that do not meet safety standards remains a serious problem in consumer protection. One example is the Pinkflash brand of cosmetics, whose distribution permit has been revoked by the Food and Drug Monitoring Agency (BPOM), yet it is still found circulating on the market and causing harm to consumers. This study aims to analyze the civil legal liability of sellers to consumers for the distribution of hazardous cosmetics and the legal protection efforts for harmed consumers. The research method used is empirical legal research with a statutory and case-based approach. Data were obtained through literature review and interviews, then analyzed qualitatively. The results indicate that sellers who continue to distribute hazardous cosmetics are civilly liable for consumer losses under Law Number 8 of 1999 concerning Consumer Protection and Article 1365 of the Civil Code. Legal protection for consumers can be achieved through the role of BPOM, consumer dispute resolution, and civil lawsuits in court.
Legal Analysis Of The Validity Of Siri Marriages According To Law Number 1 Of 1974 Concerning Marriage Sartika, Pujja Dwi; Royani, Ferawati; Aprianto, Sandi
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10815

Abstract

Marriage is a legal event that gives rise to broad civil legal consequences, both for husband, wife, and children. In the Indonesian legal system, the validity of marriage is regulated by Law Number 1 of 1974 concerning Marriage, which requires the fulfillment of religious provisions and the obligation of registration by the state. However, in practice, many people still conduct unregistered marriages, namely marriages that are valid according to religious law but are not administratively registered. This phenomenon creates legal problems because it creates a dualism between religious validity and state legal legality. This study aims to analyze the legal provisions regarding the validity of marriage according to Law Number 1 of 1974 and examine the legal position of unregistered marriages from the perspective of positive law and other related laws and regulations. This study uses a normative legal research method with a statutory and conceptual approach, by examining primary, secondary, and tertiary legal materials. The research results show that unregistered marriages, although valid according to religion, lack legal force under positive law because they do not meet the formal requirements for registration as stipulated in Article 2 paragraph (2) of Law Number 1 of 1974. The legal consequences of unregistered marriages weaken legal protection for wives and children, particularly regarding the rights to maintenance, inheritance, child status, and joint property. The state provides a marriage confirmation mechanism as a repressive legal protection measure, but this mechanism is limited and is not intended to legalize unregistered marriages. Therefore, marriage registration is an important instrument in achieving legal certainty and protecting civil rights within the national marriage law system.
The Effectiveness of Criminal Sanctions in Defamation Cases Through Social Media Under the Indonesian Criminal Code and the Electronic Information and Transactions Law Febriansa, Yayan; Maryani, Desy; Aprianto, Sandi
Journal of Law, Social Science, and Management Review Vol. 2 No. 3 (2026): Mei
Publisher : Utami Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70963/jlsmr.v2i3.664

Abstract

The rapid growth of social media as a digital public sphere has significantly increased the occurrence of defamation offenses with broad and immediate impacts. In Indonesia, defamation is regulated under the Criminal Code (KUHP) as well as Law Number 11 of 2008 concerning Electronic Information and Transactions, as amended by Law Number 19 of 2016 (EIT Law). However, in practice, the enforcement of these legal instruments has generated debate regarding their effectiveness, legal certainty, and the balance between the protection of reputation and freedom of expression. This research aims to analyze the regulation and effectiveness of criminal sanctions imposed on perpetrators of defamation through social media. The study employs normative legal research using statutory and conceptual approaches. The findings indicate that although the existing regulations provide a legal basis for enforcement, there remains potential overlap between the Criminal Code and the EIT Law, which affects legal certainty. Furthermore, the effectiveness of criminal sanctions is influenced by legal substance, law enforcement structures, and legal culture within society. Therefore, regulatory harmonization and a proportional approach are necessary to ensure that criminal sanctions create deterrent effects while safeguarding responsible freedom of expression.
A Criminal Study Responsibility Of Cybercrime Perpetrators According To Law Number 11 Of 2008 Concerning Electronic Information and Transactions Saputra, Wahyu Dwi; Maryani , Desy; Aprianto, Sandi
Journal of Law, Social Science, and Management Review Vol. 2 No. 3 (2026): Mei
Publisher : Utami Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70963/jlsmr.v2i3.669

Abstract

The development of information and communication technology has had a significant impact on people's lives, particularly with the emergence of various forms of cybercrime. Cybercrime has characteristics that differ from conventional crime, including being committed through electronic systems, being cross-border, and using digital data and information as both a means and object of the crime. These conditions demand the existence of criminal law regulations that can provide legal certainty and protect the legal interests of the community in cyberspace. Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) is present as a legal instrument to regulate criminal acts in the field of information technology, including regulations regarding the criminal liability of perpetrators of cybercrime. This study aims to examine the provisions on criminal liability of perpetrators of cybercrime under the ITE Law and analyze the obstacles faced in its implementation. The research method used is normative legal research with a statutory approach, a conceptual approach, and a case approach. The legal materials used include primary, secondary, and tertiary legal materials analyzed qualitatively. The research results show that the provisions on criminal liability in the ITE Law are fundamentally based on the principle of fault (geen straf zonder schuld) and recognize a broad range of legal subjects, including individuals and corporations. The ITE Law also regulates various forms of cybercrime and their associated criminal sanctions. However, in practice, various obstacles remain, including the difficulty of obtaining electronic evidence, the limited capacity of law enforcement officials, the transnational nature of cybercrime, and the potential for multiple interpretations of several provisions of the ITE Law. Therefore, regulatory strengthening, capacity building of law enforcement officials, and strengthening international cooperation and public digital literacy are needed to achieve effective and equitable cybercrime law enforcement.