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Analysis of judge's decision number 44/PDT.P./2023/PA.BN regarding dispensation of marriage due to pregnancy outside of marriage in the perspective of the Marriage Law Seli Lorenza; Ferawati Royani; Dwi Putra jaya; Hurairah Hurairah
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.4912

Marriage is a living union between a man and a woman which is formally confirmed by law, namely juridical and mostly also religious according to husband and wife goals and law. Article 103 states that husband and wife must be loyal to each other, help each other and help each other. The formulation of the problem in this study is how to apply and consider judges in deciding Decision Number 44/PDT.P/2023/PA.BN regarding marriage dispensation from a legal perspective. The legal research method used is normative, normative legal research (legal research) is a document study, legal marital status is one of the things that women especially want, considering that in marriage there are absolute rights for women and men that are guaranteed or protected. by the state based on applicable law. In Indonesia, the majority of marriages are carried out by minors. Marriage dispensation is necessary, but on the other hand there are also negative impacts, namely the existence of marriage at an early age or not old enough, it will increase the divorce rate and can increase the unemployment rate and abandoned children. There are several factors that influence the occurrence of underage marriages or the occurrence of marriage dispensation, namely economic factors, educational limitations, dropping out of school or not going to the same school, and social factors of marriage.

Legal Review Of The Application Of Online Buying And Selling Transactions In E-Commerce According To Kuhperdata And Ite Law Azni Azni; Widya Timur; Ferawati Royani; Hurairah Hurairah
JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i1.5994

Online buying and selling or through internet facilities today is increasingly becoming a very popular buying and selling model as a result of the development of information and communication technology. One sign of technological progress is the increasingly convenient access to the internet which makes buying and selling activities not limited by space and time, and can be done at any time, the community or business actors who previously bought and sold offline, can now use the internet for trade, production, and especially buying and selling, hence the term online buying and selling. The purpose of this study is to determine the Application of Online Buying and Selling Transactions in E-Commerce According to the Civil Code and the ITE Law. The research method used is normative legal research in the form of library research which is carried out by collecting legal materials both primary, secondary and or tertiary. The results of the research and discussion show that honorary or contract workers whose existence is the implementation of online buying and selling transactions in E-Commerce according to the Kuhperdata and ITE Laws, is the implementation of online buying and selling in principle is not much different from conventional buying and selling transactions, the only difference is the technique of the sale and purchase. Conventional buying and selling is done in the real world directly between the seller and the buyer. Meanwhile, online buying and selling is carried out using electronic media through the internet network. Mentioned in Article 1 number 2 of ITE Law Number 19 of 2016 “Electronic Transactions are legal actions carried out using computers, computer networks, and / or other electronic media. And, the implementation of electronic contracts is not only subject to Law Number 22 of 2008 as a special rule (lex specialist) but also subject to the Civil Code Book III concerning Binding as lex generalis.

Digital Agreements On The Legal Validity Of Electronic Signatures In Online Lending From The Perspective Of Indonesian Legislation Septi Fitria Ningsih; Hurairah Hurairah; Widya Timur
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.v12i2.10799

The rapid development of information technology has led to the increasing use of digital agreements in various sectors, including online lending services (fintech lending). In practice, digital agreements commonly use electronic signatures as a form of consent between the parties. However, there are still debates regarding the legal validity and evidentiary strength of electronic signatures under Indonesian positive law, particularly in relation to the provisions of the Indonesian Civil Code and the Law on Information and Electronic Transactions (ITE Law). This study aims to analyze the validity of electronic signatures in digital online lending agreements and to examine the legal certainty of their evidentiary value based on Indonesian legislation. This research employs normative legal research methods with statutory and conceptual approaches through literature review of primary, secondary, and tertiary legal materials. The results show that electronic signatures are legally valid as long as they comply with the requirements stipulated in the ITE Law and its implementing regulations and do not contradict the legal requirements of contracts under Article 1320 of the Indonesian Civil Code. Furthermore, electronic signatures possess lawful evidentiary value in civil procedural law as electronic evidence. However, their effectiveness largely depends on the legality of electronic system providers, the use of certified electronic signatures, and the quality of security systems applied. Therefore, stronger harmonization between the Civil Code and the ITE Law is necessary to ensure legal certainty in digital agreements, particularly in online lending services, in order to achieve optimal legal protection for the parties involved.

Legal Protection For Banking Customers Due To Skimming Based On Statutory Regulations Evita Tri Elandiah; Hurairah Hurairah; Widya Timur
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.v12i2.10800

Legal protection for banking customers due to skimming based on statutory regulations”. This thesis examines how legal protection for banking customers due to skimming is based on statutory regulations as evidenced by consumer protection theory, civil agreement theory. The type of research used by the author in examining the problems in this study is normative research. Normative research is a process to find legal rules, legal principles, and legal doctrines to answer the legal issues faced. From the results of the study, if a customer makes a transaction at an ATM, the bank will also check the CCTV on the ATM machine. From the CCTV footage that can be seen, it can be seen whether the customer has made the transaction or not. Then, after checking and proving that the incident was indeed a skimming crime, the bank must replace the amount of customer money that has been lost by following the procedures provided by the bank itself. However, if during the investigation it is found that the customer lost money due to the customer's own negligence, the bank cannot replace the losses experienced by the customer. Examples of customer negligence are not closing the ATM machine with their hands when entering the ATM PIN, then the ATM card is left in the ATM machine, the customer makes online purchases, fraud and so on. There are 2 Forms of Protection Law. Preventive legal protection and repressive legal protection. Preventive legal protection provides legal subjects with the opportunity to raise objections or express opinions before a government decision becomes final. Repressive legal protection aims to resolve disputes. Customers have the right to receive compensation for funds or accounts lost or stolen from the bank holding the deposit rights.

Analysis Of Civil Legal Responsibility Of Dangerous Skincare Sellers Towards Consumers (Case Study Of The Distribution Of Pinkflash Brand Cosmetics In Bengkulu) Prima Ramadhania; Hurairah Hurairah; Sandi Aprianto
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

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.

Effectiveness of Restorative Justice in Resolving Fatal Traffic Offenses under Law Number 22 of 2009 Ferawati Royani; Hurairah Hurairah; Taufik Widodo
Social Sciences Journal Vol. 2 No. 4 (2026): Agustus
Publisher : Utami Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70963/soc.v2i4.898

The high number of traffic accidents resulting in fatalities in Indonesia has become a complex legal issue. In 2023, the Indonesian National Police Traffic Corps recorded 103,645 traffic accidents and 6,923 deaths. The resolution of fatal traffic accident cases through Restorative Justice has become increasingly common, although it is not yet supported by a clear and comprehensive legal framework. This study examines the effectiveness of Restorative Justice in resolving fatal traffic offenses in Central Bengkulu Regency from the perspective of legal certainty and identifies the obstacles and measures required to address them. The study applies a normative-empirical legal approach and qualitative analysis. The findings show that the implementation of Restorative Justice has not been fully effective. Data from the Traffic Unit of the Central Bengkulu Police for 2022-2024 indicate that 31 of 47 fatal accident cases, or 65.96%, were resolved through settlement agreements without standardized procedures. The main obstacles include the absence of specific legal provisions, inconsistent implementation by law enforcement officers, the dominance of economic considerations in determining settlements, limited public understanding, and weak oversight. Recommended measures include amending the Road Traffic and Transportation Law, establishing standardized operating procedures, strengthening the capacity of law enforcement personnel, forming an independent mediation institution, improving supervision, and expanding public legal education.

Criminal Liability for Human Trafficking through Fake Job Advertisements on Social Media Ponica Della Oktavia; Ferawati Royani; Hurairah Hurairah
Social Sciences Journal Vol. 2 No. 4 (2026): Agustus
Publisher : Utami Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70963/soc.v2i4.899

Information technology and social media have transformed recruitment patterns in human trafficking. Perpetrators use social media accounts and fraudulent job advertisements to gain trust, reach potential victims, and conceal exploitative purposes. This study examines the criminal liability of perpetrators under Law Number 21 of 2007 concerning the Eradication of the Criminal Act of Trafficking in Persons and identifies obstacles to enforcement. It applies normative legal research using statutory and conceptual approaches. Legislation, books, and scholarly articles are analysed qualitatively and normatively. The findings show that perpetrators may be held criminally liable when their conduct fulfils the elements of recruitment, transportation, harbouring, transfer, or receipt of a person by means of deception for the purpose of exploitation as regulated in Article 2 paragraph (1) of Law Number 21 of 2007. Social media functions as an instrument for advertising jobs, communicating with victims, and exercising control; therefore, its use does not remove the unlawfulness of the conduct or the perpetrator’s culpability. Enforcement remains constrained by difficulties in tracing identities, limitations in electronic evidence, jurisdictional differences, low digital literacy, weak platform oversight, and insufficient inter-agency coordination. Stronger digital investigation, cooperation with platforms, verification of job advertisements, and victim protection are required to improve the prevention and prosecution of technology-facilitated human trafficking.

Legal Protection for the Parties to an Oral Agreement Hurairah Hurairah; Ferawati Royani
Social Sciences Journal Vol. 3 No. 2 (2026): August
Publisher : Universitas Dehasen Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/sosj.v3i2.1825

Oral agreements remain a common practice in Indonesian society, particularly in daily transactions such as sale and purchase, lease, and debt arrangements. Although Article 1320 of the Indonesian Civil Code (KUHPerdata) does not require a written form for the validity of an agreement, oral agreements often raise legal problems, especially regarding evidence when a breach of contract or dispute occurs between the parties. This study aims to examine the legal protection available to parties in oral agreements and to analyze the evidentiary mechanisms and dispute resolution options available in the event of breach of contract. Using a normative juridical research method with statute and conceptual approaches, this study finds that oral agreements remain legally binding as long as they fulfill the requirements of Article 1320 of the Civil Code, although their evidentiary strength is considerably weaker than written agreements. Legal protection can be provided through witness testimony, admission, and judicial presumption in accordance with the Indonesian Code of Civil Procedure. This study concludes that strengthening public legal awareness regarding supporting evidence is essential to protect the rights of parties who enter into oral agreements.

Unilateral Execution of Fiduciary Collateral by Creditors Based on Constitutional Court Decision Number 18/PUU-VII/2019 in Bengkulu City Dwi Putra Jaya; Hurairah Hurairah; Jepri Aprialdi
Jurnal Multidisiplin Vol. 3 No. 1 (2026): September
Publisher : CV. Utami

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70963/jm.v3i1.895

Fiduciary security carries executory power within credit agreements, granting the creditor—as the fiduciary recipient—the right to execute upon the collateral asset should the debtor default. Consequently, the author is interested in further examining the "Unilateral Execution of Fiduciary Collateral Objects by Creditors Based on Constitutional Court Decision Number 18/PUU-VII/2019 in Bengkulu City." Constitutional Court Decision Number 18/PUU-VII/2019 altered the process of executing fiduciary security; it established that creditors are not permitted to carry out execution independently (*parate executie*) but are instead required to file a petition for execution with the District Court so that a ruling with permanent legal force may be issued. However, in practice, creditors have not consistently adhered to this requirement, often proceeding without a court decision that possesses permanent legal force.

The Effectiveness of Mediation in Resolving Land Ownership Disputes Concerning the Religious Court Building in Seluma Regency Ana Tasia Pase; Hurairah Hurairah; M. Aryo Gian Nurvansya
Jurnal Multidisiplin Vol. 3 No. 1 (2026): September
Publisher : CV. Utami

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70963/jm.v3i1.896

This study aims to examine the mediation process and its effectiveness in resolving a land ownership dispute concerning the construction of the Tais Religious Court Building in Seluma Regency. The dispute arose from a resident’s claim of ownership over part of the land used for the building. Differences in interests between the resident and the local government led to a conflict requiring a peaceful and effective resolution. This study employed an empirical legal method with a descriptive qualitative approach. Data were collected through interviews, observation, and documentation and were analyzed qualitatively. The findings show that mediation was conducted through deliberation involving the disputing parties with the assistance of a mediator to reach a mutual agreement. Mediation was considered effective because it reduced conflict, accelerated dispute resolution, and produced a solution acceptable to the parties. From a civil-law perspective, mediation constitutes an alternative dispute-resolution mechanism that provides legal certainty while prioritizing the principles of deliberation and consensus.

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