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KARONA CAHYA SUSENA
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Fakultas Hukum Universitas Dehasen Bengkulu Jl. Meranti Raya No. 32 Sawah Lebar Kec. Ratu Agung, Kota Bengkulu 383228
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INDONESIA
Jurnal Hukum Sehasen
Published by Universitas Dehasen Bengkulu
ISSN : 25285025     EISSN : 27466485     DOI : https://doi.org/10.37676/jhs
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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).
Arjuna Subject : Ilmu Sosial - Hukum
Articles 321 Documents
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Digital Agreements On The Legal Validity Of Electronic Signatures In Online Lending From The Perspective Of Indonesian Legislation Ningsih, Septi Fitria; Hurairah, Hurairah; Timur, Widya
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 Elandiah, Evita Tri; Hurairah, Hurairah; Timur, Widya
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.
Legal Protection For Victims Of Mypertamina Barcode Ownership Abuse In The Distribution Of Subsidized Fuel Royani, Ferawati; Aprianto, Sandi; Majesti, Velly
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.v12i2.10803

Abstract

This study aims to analyze the legal regulations and forms of criminal liability for perpetrators of misuse of the MyPertamina Barcode in the distribution of subsidized fuel oil (BBM). Since October 2024, the government through PT Pertamina Patra Niaga has implemented a policy of using the MyPertamina barcode as a requirement for purchasing subsidized fuel. However, this policy has created new problems in the form of increased misuse of barcode ownership by irresponsible parties. The research method used is normative juridical with a statutory approach and a case approach. The results of the study indicate that legal regulations regarding the misuse of the MyPertamina barcode are regulated in several laws and regulations, namely Article 378 of the Criminal Code concerning fraud, Article 55 of Law Number 22 of 2001 in conjunction with Article 40 paragraph (9) of Law Number 6 of 2023 concerning the misuse of subsidized fuel, and Articles 65-67 of Law Number 27 of 2022 concerning Personal Data Protection. Criminal liability includes imprisonment and fines, with a maximum penalty of six years and a fine of IDR 60 billion for violations of the Oil and Gas Law, as well as additional penalties in the form of confiscation of evidence. This study recommends strengthening the security system of the MyPertamina application, improving coordination between Pertamina and law enforcement, and improving regulations to impose strict sanctions on perpetrators of abuse.
Implementation Of Fisheries Commodity Shipments From Ambon By The Company Hakim, Agusnal Fitralius; Handayati, Nur; Prawesthi, Wahyu; Subekti, Subekti; Amiq, Bachrul
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.v12i2.10804

Abstract

The fisheries sector plays a strategic role in Indonesia's economic development as an archipelagic country with abundant marine resources. In addition to being a source of food, this sector is also a leading export commodity that contributes to the country's foreign exchange. Law No. 31 of 2004 stipulates that every fishing business must have a permit, and every shipment of fishery products must be accompanied by valid documents such as SKAI and quarantine certificates. However, practices in the field still show violations of these provisions, such as the shipment of fish without complete documents and not through official ports of call. Cases in Ambon show that shipments are often made in a hurry to meet export schedules, resulting in the neglect of legal aspects. This condition is exacerbated by weak supervision, limited supervisory human resources, and abuse of authority. As a result, the country stands to lose in terms of revenue and export reputation. From a criminal law perspective, such violations are punishable under Article 93 of Law No. 31 of 2004, with a maximum penalty of 6 years imprisonment and a fine of Rp 2 billion. Although administrative and criminal sanctions are available, their implementation still faces challenges in terms of enforcement and legal certainty.
A Criminological Review of Children as Perpetrators of Robbery from the Perspective of Law No. 12 of 2012 Concerning the Juvenile Criminal Justice System Rasta, Soni; Royani, Ferawati; Timur, Widya
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.v12i2.10811

Abstract

This study examines the criminological factors that encourage children's involvement in muggings and the application of the Juvenile Criminal Justice System (JCS) to muggings, based on Law Number 11 of 2012. The research method used is normative juridical, with a statutory and conceptual approach. The results indicate three dominant, interrelated factors: first, the influence of social interactions and peer groups, as explained in Edwin H. Sutherland's Differential Association Theory; second, family dysfunction, which weakens children's social bonds, as explained in Travis Hirschi's Social Control Theory; and third, school dropout and unemployment, which encourage illegal behavior, as explained in Robert K. Merton's Anomie Theory. The normative application of the Juvenile Criminal Justice System (JCS) has provided a comprehensive legal framework with a restorative justice approach, aligned with Social Control Theory, to strengthen children's social bonds through rehabilitation and reintegration. However, its implementation still faces normative, infrastructural, and paradigmatic obstacles that require multi-level reform to close the gap between das sollen and das sein.
Analisis Perlindungan Bagi Konsumen Dalam Transaksi Digital Menggunakan Transaksi Digital cryptocurrency bitcoin Lendrawati, Nessa; Hermana, M.Arafat; Royani, Ferawati
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.v12i2.10812

Abstract

The development of digital technology has given rise to cryptocurrency as a new investment instrument. In Indonesia, cryptocurrency is not recognized as a legal means of payment but is classified as a commodity supervised by the Badan Pengawas Perdagangan Berjangka Komoditi (BAPPEBTI), which raises legal issues related to consumer protection in volatile and high-risk transactions.mThis study aims to analyze the legal position of consumers, the forms of legal protection available, and the roles of business actors and supervisory authorities using a normative legal research method. The findings show that consumer protection for crypto assets has not been specifically regulated and still relies on general regulations. Bank Indonesia prohibits the use of cryptocurrency as a means of payment, while BAPPEBTI supervises its trading as a commodity. However, supervision and dispute resolution mechanisms remain limited, resulting in suboptimal legal certainty for consumers.
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.
Synchronization Of Authority To Eradicate Criminal Acts Of Corruption According To Law 31 Of 1999 Concerning The Eradication Of Criminal Acts Of Corruption Handled By The Corruption Eradication Committee (KPK), The Prosecutor's Office, And The Republic O Manurung, Mona Fidelia; Hermana, M. Arafat; Royani, Ferawati
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.v12i2.10816

Abstract

Corruption is a systemic problem that has become deeply rooted in Indonesia's national life, with multidimensional impacts that harm state finances, undermine democracy, and hinder development. Efforts to eradicate corruption are carried out by three law enforcement institutions: the Corruption Eradication Commission (KPK), the Attorney General's Office of the Republic of Indonesia, and the National Police of the Republic of Indonesia, each with authority based on statutory regulations. This study aims to analyze the synchronization of the authority of these three institutions in implementing corruption eradication in accordance with Law Number 31 of 1999 concerning the Eradication of Corruption Crimes (as amended) and to evaluate the impact of Law Number 19 of 2019 on their performance. The research method used is normative legal research with statutory, case, and historical approaches, as well as qualitative analysis of secondary data in the form of primary, secondary, and tertiary legal materials. The results show that normatively, regulations on corruption eradication are coherent, applying the principle of lex specialis derogat legi generali. The KPK has special authority to handle corruption cases involving law enforcement officials or state administrators, cases that receive public attention, and/or those involving state losses of at least IDR 1 billion. Meanwhile, the Attorney General's Office and the National Police handle corruption cases that do not meet these qualifications, with the Attorney General's Office responsible for investigation and prosecution, and the National Police tasked with inquiry and investigation. However, in practice, there is a lack of synchronization marked by overlapping authority, differences in interpretation of regulations, and horizontal conflicts between institutions. The existence of limiting boundaries regarding the authority of each institution (National Police, Attorney General's Office, and KPK) in handling corruption crimes is intended to ensure that relations between law enforcement institutions do not lead to monopolization or overstepping of each other's duties.
Analysis Of The Application Of Customary Fines In Resolving Cases Of Violent Land Grabbing Under Timorese Customary Law In Taebenu District, Kupang Regency Humau, Rody Marsela; Medan, Karolus Kopong; Wilhelmus, Bhisa Vitus
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.v12i2.10843

Abstract

Customary fines are sanctions imposed on individuals or groups who violate customary norms or traditional rules, with the aim of restoring the disturbed balance and serving as a means of social control when problems arise within a community. In Timorese customary society, customary fines continue to play an important role as a mechanism for dispute resolution, including in cases of land grabbing accompanied by violence. This study aims to analyze the application of customary fines in resolving cases of violent land grabbing under Timorese customary law in Taebenu District and to identify the factors influencing their effectiveness. This research employs an empirical legal method with a sociological juridical approach. Data were collected through interviews with customary leaders, village officials, perpetrators, and victims, and were supported by a literature review of relevant legal materials. The findings indicate that the imposition of customary fines is carried out through customary deliberation mechanisms involving customary leaders, community leaders, village authorities, and the disputing parties. The customary sanctions generally consist of a combination of rice, pigs, and cash, with the amount determined according to the level of fault and the impact of the act committed. Substantively, the application of customary fines functions not only as a sanction but also as a means of restoring social relationships, maintaining community balance, and achieving peaceful conflict resolution. Normatively and culturally, this mechanism continues to be respected and practiced by the community as an integral part of Timorese customary values. The effectiveness of customary fines is supported by strong local wisdom, community respect for customary authorities, the moral pressure and social shame generated by customary sanctions, and the enduring culture of deliberation within the community. However, several obstacles remain, including the increasing economic value of land, unclear land boundaries and inheritance status, imbalance between the imposed fines and the material losses suffered by victims, and the influence of modernization that encourages some individuals to seek resolution through formal state law. These factors indicate that customary fines have not yet fully prevented the recurrence of violent land grabbing cases.

Page 29 of 33 | Total Record : 321

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