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All Journal Jurnal Multidisiplin Dehasen (MUDE) Jurnal Hukum Sehasen
Siregar, Tasya Amira Frananda
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Force Majeure As A Ground For Exemption From Breach Of Contract In Civil Law Siregar, Nathasya Jhonray; Siregar, Tasya Amira Frananda
JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i1.8240

Abstract

An agreement or contract is a legally binding arrangement between parties to fulfill the rights and obligations that have been mutually agreed upon. In practice, contracts serve as important instruments to ensure legal certainty, justice, and protection for the parties involved in civil legal relationships. However, contract implementation does not always proceed as planned. One of the common obstacles is the occurrence of force majeure, which refers to events or situations beyond human control that are unpredictable and unavoidable, resulting in one party's inability to fulfill their contractual obligations. This condition raises legal issues regarding the liability of the non- performing party and whether such a failure can be justified under the law as grounds for exemption from breach of contract.This study aims to analyze how force majeure can serve as a legal basis for exemption from liability in cases of breach of contract within the context of Indonesian civil law. The research adopts a normative juridical method by examining statutory regulations, particularly Articles 1244 and 1245 of the Indonesian Civil Code (KUHPerdata), supported by analysis of relevant jurisprudence and legal doctrines. The findings indicate that an event may be categorized as force majeure if it fulfills the elements of unpredictability, inevitability, and a direct causal link to the non-performance of obligations. In such cases, exemption from liability may only be granted if the affected party can prove the absence of fault or negligence on their part. Therefore, this study recommends that force majeure clauses be explicitly, comprehensively, and contextually included in every contract as a preventive legal measure to mitigate legal risks and protect contracting parties, particularly in the face of unforeseen social, economic, or natural disruptions.
Penerapan Pidana Tambahan Dalam Kuhp Baru: Kebiri Kimia Dan Publikasi Identitas Pelaku Percabulan Anak Suciara, Angelica; Idias, Bryan; Siregar, Nathasya Jhonray; Siregar, Tasya Amira Frananda; Prabowo, Tri Widyasto
Jurnal Multidisiplin Dehasen (MUDE) Vol 4 No 2 (2025): April
Publisher : LPPJPHKI Universitas Dehasen Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/mude.v4i2.8273

Abstract

Several countries have implemented policies of chemical castration and the publication of the identities of child sex offenders as preventive measures and to protect the public. Chemical castration is applied in countries such as the United States, although its implementation varies depending on the laws of each individual state. In Poland, chemical castration is mandatory for offenders who have committed sexual crimes against children under the age of 15. South Korea also enforces a similar policy for offenders targeting children under the age of 16. Meanwhile, in Russia, chemical castration is carried out on a voluntary basis. On the other hand, the publication of offenders’ identities is also a form of additional punishment adopted in several countries. The United States has a Sex Offender Registry system that allows the public to access information about individuals convicted of sexual offenses. The United Kingdom applies the Child Sex Offender Disclosure Scheme, which permits authorities to disclose the identity of offenders to parents or concerned parties. Canada also allows the publication of offender identities for those considered high-risk, aiming to increase public awareness and vigilance.
Tumpang Tindih Kewenangan Bawaslu, DKPP Dan PTUN Dalam Sengketa Pilkada Dan Implikasinya Terhadap Hukum Suciara, Angelica; Idias, Bryan; Siregar, Nathasya Jhonray; Siregar, Tasya Amira Frananda; Prabowo, Tri Widyasto
Jurnal Multidisiplin Dehasen (MUDE) Vol 4 No 2 (2025): April
Publisher : LPPJPHKI Universitas Dehasen Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/mude.v4i2.8274

Abstract

This article discusses the disharmony of authority among The General Election Supervisory Agency (Bawaslu), the Election Organizer Ethics Council (DKPP), and the Administrative Court (PTUN) in resolving regional election (Pilkada) disputes, particularly administrative disputes. The study aims to analyze the potential overlaps in jurisdiction among these institutions and their impact on legal certainty and the protection of constitutional rights of Pilkada participants. This research employs a normative legal approach supported by case studies of Pilkada dispute decisions handled simultaneously by the three institutions. The findings reveal that the absence of clear procedural boundaries leads to systemic confusion, undermines institutional effectiveness, and harms citizens' rights. This research employs a normative legal approach supported by case studies of Pilkada dispute decisions handled simultaneously by the three institutions. The findings reveal that the absence of clear procedural boundaries leads to systemic confusion, undermines institutional effectiveness, and harms citizens' rights.
Co-Authors Idias, Bryan Prabowo, Tri Widyasto Siregar, Nathasya Jhonray Suciara, Angelica