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INDONESIA
Era Hukum: Jurnal Ilmiah Ilmu Hukum
Published by Universitas Tarumanagara
ISSN : 08548242     EISSN : 25810359     DOI : http://dx.doi.org/10.24912/era%20hukum
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
"Era Hukum: Jurnal Ilmiah Ilmu Hukum" (ISSN 0854 8242 | e-ISSN 2581 0359) merupakan media diseminasi (penyebarluasan) hasil penelitian, analisis putusan maupun kajian ilmiah konseptual dari akademisi maupun praktisi bidang hukum di seluruh Indonesia. "Era Hukum: Jurnal Ilmiah Ilmu Hukum" terbit 2 (dua) kali dalam setahun yaitu pada bulan Juni dan Oktober. "Era Hukum: Jurnal Ilmiah Ilmu Hukum" mencakup tulisan keilmuan dari segala bidang hukum, termasuk tetapi tidak terbatas pada hukum pidana, hukum perdata, hukum internasional, hukum tata negara, dan hukum acara. Aspirasi wawasan regional, nasional maupun internasional terwadahi dalam karya orisinal yang mendasar (fundamental) namun memiliki unsur kebaruan (updated) sehingga karya yang dihasilkan merupakan hasil penalaran sistematis, relevan dan memiliki kontribusi tinggi terhadap pembangunan ilmiah bidang hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol 15, No 1 (2017)" : 7 Documents clear
PERMINTAAN MAAF AUSTRALIA DAN PRINSIP NON REFOULEMENT (STUDI KASUS PENCARI SUAKA SRI LANKA) Teddy Nurcahyawan; Stefanus Reynold Andika
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 15, No 1 (2017)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v15i1.666

Abstract

Australia is a destination state for refugees or asylum seekers. As a state in which has ratified the 1951 Geneva Convention on Refugee and its 1967 Protocol, Australia is legally bound to comply with non-refoulement principle. Referring to Operation Soverign Borders, the Australian Navy and Police in its border have driven undocumented 54 Sri Lanka asylum seekers away into Indonesian waters. This has led to international complaints. The questions arisen are whether Australia has breached the non-refoulement principle and how she would bear the legal responsibility. The research applies the normative research method and reveals that Australia is inconsistent with the non-refoulement principle and Australia should have apologized to Indonesia. Nevertheless, as International Law does not regulate the secondary rule in the Article 33 Convention on Refugee 1951 and its Protocol 1967, Australia would not satisfy their apology to Indonesia.Keywords: Apology, Non-refoulement Principle, Asylum seekers
KESADARAN HUKUM MASYARAKAT ATAS PENETAPAN BATAS PENGUASAAN TANAH/RUANG DI WILAYAH PESISIR DAN PANTAI Yona Yonanda Soly; Yuwono Prianto
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 15, No 1 (2017)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v15i1.669

Abstract

Indonesia is an archipelagic country, consisting 17,508 big and small islands. People need  for land is increasing in big cities, and also those in small islands. The one and only way for people in small islands meet the need for land is by exploiting coastal areas and beaches to be a place of residence and place of business. Coastal and costal areas should be protected by spatial planning systems and managed wisely by local governments. Any development activities and utilization of coastal areas shall be subject to the provisions of the written positive law. Communities should also understand   that development and community activities can impact on the availability of fish and the presence of coral reefs, mangrove forests or seagrass beds whose existence can affect the livelihoods of local communities. The research method used is empirical. It is necessary to prevent the utilization of coastal border space for purposes other than public purposes. The beach is owned by everyone, therefore it must be prevented exclusive use for personal interest by making a fence or building directly on the beach.Keyword: beach, coastal, small islands
PENYELESAIAN SENGKETA IMPOR PRODUK HORTIKULTURA, HEWAN DAN PRODUK HEWAN ANTARA NEW ZEALAND DENGAN INDONESIA Usak .
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 15, No 1 (2017)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v15i1.661

Abstract

One of the functions of The WTO is to become an international trade dispute resolution forum for its member countries. International trade disputes may emerge when a country adopts certain trade policies that are contrary to the WTO principles and rules, or implementing trade policies that harm other countries. One such trade disputes has been involving Indonesia and New Zealand, when New Zealand considered Indonesia has hindered free trade by imposing quotas, minimum prices, import and import licensing period for horticultural products, animals and animal products from New Zealand. In May 2014 the two countries have held consultation through a meeting between the delegations of New Zealand and Indonesia as well as the Chairperson of the Dispute Settlement Body to discuss about the allegedly restrictive policy. However, the meeting did not bring any positive result. The case is an example of a conventional trade dispute in which the trade policy adopted by a country is considered to violate the principles of free trade by other countries. In this case, the author argue that Indonesia's policy to limit import of horticultural product animals and animal products from New Zealand are in accordance with the provisions of the WTO concerning measures of safeguards to protect local farmers in the country, and Indonesia as a developing country is entitled to the conditions contained in the provisions of Special And Differential Treatment (S & D). Keywords: importatation dispute, horticultura products, animal and animal products, World Trade Organization, New Zealand vs Indonesia
HAK PENYANDANG DISABILITAS DALAM PERSPEKTIF HAM INTERNASIONAL DAN HAM NASIONAL Aprilina Pawestri
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 15, No 1 (2017)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v15i1.670

Abstract

Protection of the rights of persons with disabilities has shifted in its meaning, if persons with disabilities used to be viewed as "abnormal" conditions with discriminatory treatment and with "compassion" attitudes. Nowadays, the attention to persons with disabilities is a part of the fulfillment of human rights, because they are also creatures of God, with the same right, although they run their life with a special way. This condition is reinforced by the concrete steps of the international community by establishing various instruments to provide protection to persons with disabilities. At the national level, the government has ratified and also established national legal instruments to protect people with disabilities. There are Law Number 39 of 1999 which is supplemented by Law Number 19 of 2011. The replacement of Law Number 4 of 1997 with Law Number 8 of 2016 is a major step forward after the 1998 reform. It begins with the amendment of the Constitution of Republic of Indonesia on Article 28A-28J which specifically regulates human rights.Keywords: functions of the State, persons with disabilities, human rights
MENATAP PUTARAN KEDUA PEMILIHAN KEPALA DAERAH (PILKADA) DI DAERAH KHUSUS IBU KOTA JAKARTA TAHUN 2017 Dwi Andayani Budisetyowati
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 15, No 1 (2017)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v15i1.667

Abstract

As stated under Article 18 of Indonesian Constitution, Indonesia is separated into provinces and those provinces are separated into districts and cities, on which every province, district, and city is managed by respective local government as regulated by Law of Indonesia No. 23/2014 concerning Local Government. Province, district and city manage and take care of their own local governmental issues in accordance with autonomy and delegation principle. As an autonomy area, province, district and town have local government to enforce governmental functions, which are Local Government and Local House of Representative. The local head of district is the local head of district in province, district or city area, who serves as the area executive body and its Local House of Representative. Both are the government’s enforcing elements. . The 2017 Local Election was held simultaneously by 101 areas consist of provinces, districts, and cities. The election has just done on 15 February 2017.  The writer creates this writing by taking the election in DKI Jakarta as an example, considering the fact that DKI Jakarta is a privileged province in enforcing local government due to its capacity as the capital city of Indonesia. Keywords:  Local Government Election, Second Round, Special Capital Region of Jakarta
MEKANISME HUKUM DALAM POLA PERUSAHAAN INTI RAKYAT PERKEBUNAN Ermanto Fahamsyah
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 15, No 1 (2017)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v15i1.663

Abstract

PIR Plantations are implemented by mechanisms that have been determined in several laws and regulations. The mechanism is carried out in four phases, namely the preparation phase which includes project preparation; Phase of physical development, both gardens and settlements as well as various necessary infrastructure and facilities; The conversion phase, namely the phase of transfer of ownership of smallholdings and credit expenses to selected participating farmers; And post-conversion stage, which is the development stage that includes the repayment period of credit, farmers' development and farming towards the establishment of independent farmers. The Pattern of Core Company of Palm Oil Plantation is carried out by certain mechanism which has been regulated in the legislation and cooperation agreement. It is intended that the main purpose and objective in the implementation of the PIR Pattern of Oil Palm Plantation can be achieved as it should be, namely to create a mutually beneficial, sustainable, and sustainable relationship between the big plantation and the people's plantation. In addition, it discusses how to raise the living values of participating farmers and their families by increasing production and income of farming and to preserve natural resources. Although the mechanisms in the PIR Plantation Scheme have been regulated in legislation and cooperation agreements, the practice still finds problems. Primarily it is related to land rights mechanism, credit assistance to participants, extention to participant farmers, and sales of participant's palm fruit. The problems are caused by both legal and non-legal factors. Keywords: mechanisms, laws, company, nucleus, smallholders, estate
PERLINDUNGAN ANAK OLEH MASYARAKAT DITINJAU DARI MAZHAB SEJARAH DI DALAM PENERAPAN PRINSIP THE BEST INTEREST OF THE CHILD PADA KEHIDUPAN ANAK DI INDONESIA Laurensius Arliman
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 15, No 1 (2017)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v15i1.668

Abstract

Child has the human rights protected by law, applicable even in the womb, because the children are also entitled to legal protection for all the activities that lead to growth and development in the future. History in the school of Law, also explained how the law provides real protection against children. Legal protection of children in Indonesia have applied the principle of the best interest of the child, but in fact the application of that principle remains unimplemented. In the journey Indonesian government has also issued rules relating to the protection of children as follows: Law No. 4 of 1979 on Child Welfare, Law No. 3 of 1997 on Juvenile Justice and Law No. 23 of 2002 on Child Protection. As a result of the development of child protection. then the government changed, renewed, ratified and issued new rules related to the protection of children, namely Law No. 9 of 2012 on the Ratification of the Optional Protocol To The Convention On The Child On The Involvement Of Children In Armed Conflict, Law Number 10 Year 2012 on Ratification of the Protocol To The Convention on The Rights Of The Child on The Sale Of Children, Child Prostitution's Child Pornography, Law No. 11 of 2012 on the Criminal Justice System Child and Act No. 35 of 2014 Amendment Act No. 23 of 2002 on Child Protection. But still, realize the protection of children still can not be implemented, due to lack of community participation and awareness in implementing children's rights.Keywords: Child, Society, History Sect, Protection, Indonesia

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