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Hurairah Hurairah
Universitas Dehasen Bengkulu
Law, Crime, Criminology & Criminal Justice

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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

Abstract

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

Abstract

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

Abstract

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

Abstract

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

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.
Co-Authors Azni Azni Dwi Putra Jaya Evita Tri Elandiah Ferawati Royani Prima Ramadhania Sandi Aprianto Seli Lorenza Septi Fitria Ningsih Widya Timur