Era Hukum: Jurnal Ilmiah Ilmu Hukum
"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.
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<![CDATA[PENGATURAN MENGENAI MAATSCHAP PADA UNDANG-UNDANG JABATAN NOTARIS DAN KITAB UNDANG-UNDANG HUKUM PERDATA TERKAIT TUGAS DAN JABATAN NOTARIS ]]>
<![CDATA[Bella Patnessia]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v18i1.9808
<![CDATA[Notary as a general official authorized to create an authentic deed to help create legal certainty. In the law of Notary Number 2 of 2014 on the amendment to Law Number 30 of 2004 on the Department of notary state that notary is allowed to open a notary office in the form of Civil Fellowship. This civil federation will be based on civil fellowship in accordance with the law of the Civil Code. The sense of civil fellowship itself is two or more people wo form an alliance by incorporating something into the compan with the main purpose of seeking profit. So that is the problem appears because on the notary self is not paid but it gets honorarium, beside the problems on independence and also immutability that will be difficult to run when the notary join a civil federation.The research method used is a normative juridicial method of analysis. The techniques of data collection conducted through literature studies and data collection tools are document studies. Data sources of primary data, secondary legal materials, and secondary data are divided into primary legal materials, secondary legal materials, and a tertiary law. The theory used in this research is the theory of legal certainty, and the theory of egal effectiveness.The form of civil partnership that is suitable for public notary is limited to a joint office. So there are no settings and management, there is no need to worry about the conflict and the inequality of the law.]]>
<![CDATA[IMPLEMENTASI UNDANG-UNDANG NOMOR 2 TAHUN 2014 TERHADAP KEWENANGAN DALAM PEMBINAAN DAN PENGAWASAN NOTARIS GUNA PENINGKATAN PELAKSANAAN JABATAN NOTARIS DI INDONESIA (STUDI KASUS MAJELIS PENGAWAS DAERAH JAKARTA BARAT YANG BERADA DI JAKARTA BARAT) ]]>
<![CDATA[Nickyta Firmaniar]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v18i1.9809
<![CDATA[.A. Notary holds an important role in creating legal certainly and protection for the community by issuing authentic deed which is made before him and serves as a perfect proof. With the duties and responsibilities held by Notaries are under supervision which is carried out by the authorities of the Notary is that the Notary fulfill the requirements to safeguard the public’s interests when they are carrying out their duties. The existence of Law Number 2 Year 2014 concerning the Amendment to Law Position should become a law-abiding rule for all Notaries in Indonesia which explicitly provisioned regarding the guidance, supervision, prohibition, and sanctions. Further, its implementing regulations also regulate comprehensively regarding the responsibilities and obligations of the Notary Supervisory Board in conducting its supervising duty.One of the legal issues in this study is regarding the regulation of supervisory and coaching authority under Law Number 2 Year 2014 concerning Amendment to Law Number 30 Year 2004 concerning Notary Position when a Notary Commits a violation in his role as in Notary Position as well as in Notary organizations.The research method used in this paper is Empirical Juridical Method by studying primary, secondary, and tertiary data that is analyzed qualitatively. To strengthen this research, interviews were held with relevant parties at the research location.In carrying out this duty, a Notary must comply and act in accordance with Law Number 2 Year 14 concerning Amendment to Law Number 30 Year 2004 concerning Notary Position, Notary Code of Ethics, Civil Code of Indonesia, Criminal Code of Indonesia, and other related laws and regulations. Therefore, a Notary will perform well and in accordance with the rules, and also will be avoided from violations that may be a problem for Notary in the future. ]]>
<![CDATA[FILSAFAT PEMIDANAAN TERHADAP PENYALAH GUNA NARKOTIKA BAGI DIRI SENDIRI DAlAM PERSPEKTIF HUKUM POSITIF DAN HUKUM PIDANA ISLAM ]]>
<![CDATA[Kurniasih Bahagiati]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v18i1.9810
<![CDATA[This article aims to discuss the philosophy of punishment for the misuse of narcotics for oneself from the perspective of positive criminal law and Islamic criminal law. The approach used in this study is normative juridical and uses the statutory approach, philosophical approach, comparative approach, and conceptual approach. Data sources used in this study are secondary data consisting of official documents, books, and research results. The results of this study are according to positive criminal law, imprisonment, and rehabilitation are in accordance with the philosophy of criminal law with the concept of a double-track system. Still, in practice, the Judges more often decide cases of narcotics abuse for themselves with imprisonment. In the perspective of Islamic criminal law, abusers of narcotics for themselves are also seen as victims of crimes committed by themselves, so that the proper punishment against them is the sanction of rehabilitation measures. Imposing sanctions in the form of rehabilitation measures are in accordance with the philosophy of punishment in Islamic criminal law because it considers the principles of maqoshid shari'ah]]>
<![CDATA[ANALISIS DAMPAK KEABSAHAN PERJANJIAN FIDUSIA (STUDI KASUS: PERJANJIAN FIDUSIA ANTARA PT. X DENGAN BANK B) ]]>
<![CDATA[Jefri Purnama]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v18i1.9812
<![CDATA[This research discusses about the object of fiduciary collateral agreement in the form of plastic raw material inventory that has been pledged to Bank A by Company X, then repayment occurs, the object of the agreement is not written-off (referred to as “roya”), but is to be used as a fiduciary guarantee again by Company X to Bank B. The issues raised in this research are about the impact of the validity of the credit agreement that has been paid off, while the fiduciary object has not been written off and has been used as a collateral with fiduciary ways to another creditor, including what form of legal protection available if the debtor defaults. This research is a normative legal research using primary data. In the result of the research, the authors concludes that the strength of the fiduciary engagement was born from the accessoire agreement, so that if the credit agreement as the principal agreement terminates, then the basis of the fiduciary engagement will also end. So if the debtor binds the object as a fiduciary collateral to another creditor, the object is considered legitimate to be used as collateral. The legal protection of the creditors in the form of executorial power of fiduciary certificate which holds the same levy as a court ruling that has final legal force. Legal action can be taken to carry out the execution with the execution by the court through parate executie auction or voluntary sales of collateral between creditor and debtor.]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP PENANGGUHAN PENAHANAN DENGAN JAMINAN (STUDY DI POLRESTA BARELANG) ]]>
<![CDATA[Supianto Supianto]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v18i1.9806
<![CDATA[The type of research in this thesis is empirical juridical research is the way or procedure used to solve the problem of research by researching secondary data first to then examine the primary data in the field. This research is a type of empirical legal research that is research in the form of empirical studies to find theories about the process of happening and about the process of working the law within the community. The result of this research is that the legal effect on the guarantor of suspension of detention if the suspect flees the guarantor must pay the amount determined by the competent authority and the consideration of the investigator in granting suspension of detention all depending on the background of the guarantor and the commission of the crime committed by the suspect and terms specified.]]>
<![CDATA[PERLINDUNGAN HUKUM MEREK TERKENAL (KASUS SENGKETA MEREK PIERRE CARDIN PERANCIS VS INDONESIA) ]]>
<![CDATA[Kennedy Wijaya]]>;
<![CDATA[Jeane Neltje]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v18i1.9813
<![CDATA[The tendency of brands that have sprung up in Indonesia has given rise to unhealthy competition so violations have often sprung up. The problem faced is how to resolve dispute cases in Central Jakarta Commercial Court Decision No.15 / PDT.SUS / MEREK / 2015 Jo Cassation Decision No.557K / PDT.SUS-HKI / 2015 regarding the famous brand pierre cardin based on uu brand and legal protection against the owner of the famous brand Pierre Cardin of France for the registration of the Indonesian pierre cardin trademark received by the Directorate General of IPR. The research method used in this paper is a normative legal research method. Normative legal methods are research methods that use literature to discuss existing legal issues. Result research show that Central Jakarta Commercial Court Decision Number 15 / PDT.SUS/MEREK/ 2015 Jo Cassation Decision Number 557K / PDT.SUS-HKI / 2015 and Decision Number 49PK / Pdt.Sus-HKI / 2018 related to Pierre Cardin's trademark dispute not in accordance with the laws and regulations especially the Trademark Law protection of trademarks is specifically regulated in Articles 68 and 76 Paragraph (1) of the old Trademark Law and Articles 76 and 83 Paragraph (1) of the New Trademark Law. This article facilitates trademark owners if a violation occurs against their trademark, the trademark owner can file a lawsuit to the Commercial Court or with an alternative dispute resolution. Regarding the decision, the judge has not obeyed the norms governing the mark and the judge has violated the trademark rules. ]]>
<![CDATA[TANGGUNG JAWAB NOTARIS TERKAIT PEMBATALAN AKTA YANG DIAKIBATKAN OLEH KELALAIAN DALAM MENJALANKAN JABATANNYA (CONTOH KASUS PUTUSAN NOMOR: 73/PDT/2018/PT.DKI) ]]>
<![CDATA[William Hendarsin]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v18i1.9805
<![CDATA[Public Notary is an official authorized to make an authentic deed. An authentic deed has perfect proof of strength because in its making was carried out by an authorized official and attended by witnesses, but an authentic deed made by a Public Notary can be a deed under the hand in this case the strength of proof is not perfect if the making of an authentic deed has been proven to violate the provisions of the act Law Number 2 of 2014 concerning Amendment to Law number 30 of 2004 concerning Position of Notary Public. In making an authentic deed, the Notary is required to make a deed based on the agreement of the parties, but in practice often the Notary violates this and makes a deed that is only approved by one party. As is the case in Decree Number 73/PDT/2018/PT.DKI, that in making binding purchase agreements for land and buildings based on accounts receivable debts, of course, violates regulatios and causes losses fot Debtors (Plaintiffs) who sue Creditors and Notary who make this agreement. So the Plaintiff filed a lawsuit in court so that the sale and purchase deed made under the sale and purchase agreement is null and void.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KARYAWAN YANG MENGALAMI PEMOTONGAN UPAH DENGAN ALASAN YANG TIDAK JELAS (Studi di Pabrik Roti Kota Pematangsiantar) ]]>
<![CDATA[Haris Tanri]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v18i1.9814
<![CDATA[The journal entitled "Legal Protection of Employees Who Have Deducted Wages for Unclear Reasons (Study in Pematangsiantar City Bread Factory)" describes the employment problems that arise because of the lack of employers' knowledge of the regulations in Law No. 13 of 2003 concerning Manpower, one of the causes is the policy taken unilaterally by employers. This resulted in a misunderstanding by the employees in the factory in accepting unilateral policies from employers towards workers.The purpose of this paper is to find out how the law regulates legal rights and protection for employees who experience unclear wage deductions. The research methods used are library research methods (Lebrary Research) and field research methods (Field Research). The method examines the law qualitatively by looking at the data obtained to answer the problems that arise later related to the problem and is associated with other data then described descriptively, namely by describing or describing the state of the subject and object based on the facts that exist and are connected with literature study results.The object of his research is to use legal norms where there are still vague norms in the legal protection of employees whose rights are unilaterally withheld. The final results of this study are the rights of employees contained in Article 88 to Article 98 regarding Wages and Articles 99 to 101 about Welfare in Law Number 13 of 2003 concerning Employment.]]>
<![CDATA[PENGUATAN PRODUK REKOMENDASI PADA PERMENKUMHAM NOMOR 2 TAHUN 2019 TENTANG PENYELESAIAN DISHARMONI PERATURAN PERUNDANG-UNDANGAN MELALUI MEDIASI ]]>
<![CDATA[Abidin, Handa S]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v18i1.9804
<![CDATA[The recommendations under the Minister of Law and Human Rights of the Republic of Indonesia Regulation Number 2 Year 2019 concerning the Settlement of Disharmonisation of Laws and Regulations Through Mediation (hereafter: MLHR Number 2 Year 2019) need to be strengthened. This strengthening is important because if the recommendations in MLHR Number 2 Year 2019 are ignored by the recipients of recommendations, the essence and the existence of MLHR Number 2 Year 2019 will not be optimally used for the harmonisation of laws and regulations in Indonesia. This research offered suggestions regarding the strengthening of the recommendations that focused on: the goodwill of the recipients of recommendations, content of recommendations, procedures after recommendations have been issued, online access, and time certainty. The implementation of these suggestions can play an important role in strengthening not only for the implementation of the recommendations by the recipients of recommendations, but also if the recommendations are decided not to be implemented by the recipients of recommendations. The option of implementing or not implementing the recommendations by the pertinent recipients of recommendations must provide responsibility to all parties that are involved and also to the public in accordance with the spirit of Law of the Republic of Indonesia Number 14 Year 2008 concerning the Openness of Public Information.]]>
<![CDATA[ANALISA HUKUM ATAS TRANSAKSI GADAI SAHAM PERUSAHAAN PENANAMAN MODAL ASING DISERTAI PEMBERIAN KUASA ATAS SAHAM SEHUBUNGAN DENGAN LARANGAN PERJANJIAN PINJAM NAMA ATAU NOMINEE AGREEMENT DALAM UNDANG-UNDANG PENANAMAN MODAL ]]>
<![CDATA[Richard C. Adam]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v18i1.13738
<![CDATA[Foreign investors as foriegn shareholders who plan to conduct a foreign direct investment in Indonesia often face the legal facts that there is a limitation of percentage of shares ownership in the joint venture company which will be established with the Indonesian shareholders. Foreign investors aim to manage or control the joint venture company since the foreign investor deemed as the party who knows the best of the management of the factory and the Indonesian shareholders only serve as legal formality in order to fulfill the requirement of establishment of the joint venture company. In the framework of complying with the said restriction of percentage of shares ownership then the foreign investor shall utilize the legal instrument such as nominee agreements in order to achieve the goals to control the joint venture company. Law Number 25 Year 2007 concerning Investment as amended by Law Number 11 Year 2020 concerning Works Creator has stipulated the restriction to foreign investors to make agreement or statement which states the shares ownership in the joint venture company is and on behalf of other persons. The objective of the said restriction is to eliminate the ownership of joint venture companies by the form of “de yure'' to be owned by a person but by the form of “de facto'' to be owned or at least to be possessed by another party.]]>
