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[BATAS TANGGUNG JAWAB PERUSAHAAN DALAM CORPORATE SOCIAL RESPONBILITY (CSR) ]]>
<![CDATA[Anis Nur Nadiroh]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v18i2.9818
<![CDATA[This research will be more directed to respond to the conception and understanding by default in implementing the conceptions and main components in CSR in Indonesia. CSR has covered seven main components, the seven components are the environment, social development, human rights, organizational governance, labor practices, fair operating practices, and consumer issues. The big idea that is being carried is about efforts to create an ideal and just law in accordance with the valuesand ideals of the country. CSR is not a form of transfer of the responsibility of the state towards its people. The method used in this research is juridical normative. The results of this study convey that so far there has not been a standard understanding in interpreting CSR itself, both in terms of the Limited Liability Company Law and the Investment Law. As a result of these differences, the boundaries of corporate responsibility in carrying out its social responsibilities to the community lack clarity and certainty, likewise the companies also lack maximum effort to carry out social responsibility to the community]]>
<![CDATA[PERTANGGUNGJAWABAN HUKUM PERUSAHAAN PERS DALAM PUBLIKASI BERITA YANG BERMUATAN CONTEMPT OF COURT ]]>
<![CDATA[Kristianus Jimy Pratama]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v18i2.9823
<![CDATA[Based on General Section item (4) of General Section item (4) of the Explanation of Law Number 14 of 1985 concerning the Supreme Court, the contempt of court term is an action that can undermine the dignity of a judicial power. Oemar Seno Adjie argued that there are five categories of behavior that are classified as contempt of court, including behavior attacking the integrity and impartiality of the court (Scandalising the Court) and insulting justice through publication (Sub-Judice Rule). Both forms of contempt of court have the potential to be carried out by a press media. Law Number 40 of 1999 concerning the Press constructs two forms of punishment for the implementation of Law Number 40 of 1999 concerning the Press, namely imprisonment and fines. However, there is no further explanation regarding the legal liability of the press media if it is proven to be committing Scandalising the Court or Sub-Judice Rule. This research is a normative legal research by utilizing literature study as a technique for gathering legal materials. Therefore, the results of this study are a juridical study of the potential and contempt of court violations conducted by a press media in Indonesia and can be an academic research for further research related to contempt court normative arrangements in Indonesia.]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP STATUS HUKUM DAN PERLINDUNGAN HUKUM DARI PEKERJA KONTRAK NON PEGAWAI NEGERI SIPIL (PEKERJA HONORER) BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN ]]>
<![CDATA[Antonius Ferry Bastian]]>;
<![CDATA[Ariawan Gunadi]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v18i2.9819
<![CDATA[After the enactment of the ASN Law causes uncertainty and there is no certainty the status of honorary staff, because the ASN Law only mentions 2 (two) categories as in Article 6, which consists of civil servants and PPPK. This has an impact on the position of Honorary Workers in the staffing system in the ASN Law becomes unclear because in the ASN Law. Article 6 discusses that "ASN employees consist of civil servants and PPPK" based on Honorary Workers who are not currently PPPKs. Based on this background, the following problems were formulated: What is the legal status and legal protection of temporary workers not included in civil servants under the Ministry of Energy and Mineral Resources? The research method used in this thesis testing proposal is a normative legal research method. In theory, honorary staff have been eliminated or eliminated by related regulations such as the ASN Law. However, it cannot be denied that the honorary workforce is still valid and still exists within government agencies, one of which is the Ministry of Energy and Mineral Resources. The legal status only uses the term, which can be seen in the law can be prepared with freelance workers who are not approved for its sustainability. Legal protection given by the government to honorary staff is a difference, if previously the government was still half-measures in providing protection for issues of granting and protecting work rights for employees not being fulfilled full, given in this provision the position of honorary workforce is eliminated and changed to PPPK.]]>
<![CDATA[REKONSTRUKSI VERIFIKASI PARTAI POLITIK SEBAGAI PENEGAKAN ASAS EFISIENSI DAN EFEKTIVITAS PEMILIHAN UMUM ]]>
<![CDATA[Ahmad Gelora Mahardika]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v18i2.9824
<![CDATA[As a stage in the implementation of elections, verification of political parties is important. Aside from being an effort to create a simple multi-party system, the implementation of verification og political party is also an effort to ensure that the Political Parties are indeed eligible to contest in general elections. However, the verification should be carried out only once as stipulated in the legislation. However, in practice, new political parties must undergo verification twice with similar requirements, namely verification to obtain a legal entity status as stipulated in Law Number 2 of 2011 concerning Political Parties and verification to become an election participant regulated in Law Number 7 of 2017 concerning general elections. This raises the potential for reduplication of verification by the state of new political parties which then has implications for ineffectiveness, inefficiency and violations of the principle of justice. The research method in this article is normative juridical. The conclusion in this study is the implementation of political party verification which is currently happening inefficiently because it led to reduplication so that it needs to be reorganized.]]>
<![CDATA[TINJAUAN HUKUM TERHADAP PELAKSANAAN ASIMILASI DI RUMAH BERDASARKAN KEPUTUSAN MENTERI HUKUM DAN HAM REPUBLIK INDONESIA NOMOR M.HH-19.PK.01.04.04 TAHUN 2020 DALAM RANGKA PENCEGAHAN DAN PENANGGULANGAN COVID-19 BAGI NARAPIDANA ]]>
<![CDATA[Moh Zakaria]]>;
<![CDATA[Sri Sulistijaningsih]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v18i2.9932
<![CDATA[The Word Health Organization Regional Office for Europe issues Interim Guidance as a guide in dealing with the Covid-19 pandemic globally. Interim Guidance focuses on how to prevent and control Covid-19 in prisons or other places of detention. The guide explains that those who are in prison or other places of detention are more vulnerable to infections and covid-19 transmission. So that through the Decree of the Minister of Law and Human Rights of the Republic of Indonesia Number M.HH-19.PK.01.04.04 of 2020 released approximately up to 35 thousand inmates to prevent the transmission of Covid-19 in Correctional Institutions experiencing overcrowding. One such decision is regarding the application of assimilation at home. However, this decision contradicts the previous regulation regarding the implementation of assimilation that is regulated in the Minister of Law and Human Rights Regulation of the Republic of Indonesia Number 3 of 2018. To examine the problem in this article the author uses normative legal research methods, namely by reviewing the applicable laws and regulations and decisions that exist or apply to a particular legal problem / conflict. So that it can provide legal prescriptions and conclusions whether the implementation of assimilation in the house is legally legal. In a related regulation found the principle of mutatis mutandis in order to change the conditions of "force majure" and is a form of government commitment in "Salus populi suprema lex esto" which is that people's safety should be the highest law.]]>
<![CDATA[PELAKSANAAN PARATE EKSEKUSI HAK TANGGUNGAN DI KANTOR PELAYANAN KEKAYAAN NEGARA DAN LELANG (KPKNL) TANGERANG ]]>
<![CDATA[Rio Rachmat Effendi]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v18i2.9826
<![CDATA[The distribution of financing in the form of credit by banks to the public is inseparable from the risk of non-performing loans. In the event of bad credit, goods that are pledged as collateral and have been bound perfectly with a Certificate of Mortgage (HT) in accordance with Law Number 4 of 1996 concerning Mortgage Rights to Land and Objects Related to Land will be sold to cover the debtor's obligations through HT execution parate auction mechanism where creditors can directly apply for HT execution auction to the State Wealth and Auction Service Office (KPKNL) without fiat from the Head of the District Court (PN). The formulation of the problems studied are what are the considerations so that the creditors decide to carry out the HT execution parate auction through the execution parate, how the HT execution parate auction is carried out and what are the obstacles faced in the HT execution parate auction. The research method used is empirical / sociological meaning that this research was conducted with the aim of revealing the reality that occurred in the execution of the HT execution parate auction at the KPKNL Tangerang. The data collection method is done by collecting primary data through observations and interviews with sources as well as secondary data through library research from books, laws and regulations and other publications. In the data analysis method used qualitative data analysis. The creditors' consideration in deciding to carry out the execution parate through an auction mechanism by submitting a direct application to the KPKNL without PN fiat for the sale of HT objects is that the efforts made by the creditors have been maximized in collecting their receivables and the costs are relatively cheaper and the time is fast than if requested through PN preceded by the fiat of the Head of the PN. The obstacles faced in the execution of the HT execution parate auction are the still occupancy of the HT object being auctioned off by the debtor, third parties or their heirs and the fear of prospective auction participants of intimidation from the debtor. In addition, the high limit price of HT objects being auctioned, the location of HT objects that are not strategic so that they are not marketable, marketing of HT objects before the auction is not optimal, local cultural factors that feel reluctant to buy through an auction of HT objects owned by neighbors or figures the local community, negative information received by prospective auction participants from previous buyers / auction winners. With regard to these constraints, creditors should be even more selective in extending credit to their customers both in terms of the prospective debtor's financial capacity and in terms of collateral conditions that are used as collateral for debt repayment. Meanwhile, the Tangerang KPKNL and auction officials should verify more carefully every time there is a request for the execution of HT execution parate auction from creditors to minimize pre-auction and post-auction problems as well as more intensively to provide socialization to creditors about the parate auction for HT execution. ]]>
<![CDATA[PENEGAKAN HUKUM TERHADAP ANAK YANG MENJADI KORBAN KEKERASAN DALAM RUMAH TANGGA BERDASARKAN UNDANG-UNDANG NO. 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NO. 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK (STUDI KASUS : PUTUSAN NO. 322/Pid.Sus/2014/Pn.Jkt.Tim) ]]>
<![CDATA[Andreas Eka Prasetya]]>;
<![CDATA[Mariduk Leonardo Aritonang]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v18i2.9821
<![CDATA[The child is a mandate as well as a gift from God Almighty, even the child is considered as the most valuable asset compared to other assets. Thus, children must always be protected and protected because in their children the inherent dignity, dignity and rights of a child must be upheld. However, in reality children often become victims of violence, especially domestic violence. This is found in decision No.322 / Pid.Sus / 2014 / PN.Jkt.Tim. In this ruling, child abuse was committed by his father to his own child. violence happened because his father was upset about his son because his son was often sick and troubled the father.The method used in this study is normative juridical legal research. Normative juridical legal research is research based on literature taken from library materials or document studies, carried out in an effort to obtain the necessary data related to the problem. The data used is secondary data consisting of primary legal materials and secondary legal materials. For data analysis performed with qualitative juridical analysis method. Regarding the consideration of the judges Case Number: 322 / Pid.Sus / 2014 / PN.Jkt.Tim, dated June 24, 2014, these considerations have been proven by using Article 44 paragraph (1) of Law Number 23 of 2004 concerning Elimination of Domestic Violence Stairs. However, as a result of this decision there were still many violence against children that occurred in the surrounding environment, especially the family environment and did not give a sense of deterrent effect on the perpetrators.From the decision analysis, it can be seen that the application of Article 44 paragraph (1) of Law Number 23 of 2004 concerning the Elimination of Domestic Violence as the basis of the Public Prosecutor's indictment is deemed weak in an effort to protect the interests of children's rights and rights.Child protection as a victim of criminal acts will be more equitable if the charges are prepared using Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection because it provides protection for children's interests and rights while providing a sense of deterrent effect optimal for the perpetrator / defendant and threatens to punish the perpetrator / defendant more severely]]>
<![CDATA[DILEMATIKA PENEGAKAN HUKUM TERHADAP PENYELESAIAN SENGKETA PEMILIHAN KEPALA DESA DI INDONESIA ]]>
<![CDATA[Siti Mariyam]]>;
<![CDATA[Adhi Putra Satria]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v18i2.9827
<![CDATA[This study aims to find out and analyze how the settlement of disputes over the election results of village heads in Indonesia, after the birth of Law No. 6 of 2014 on Villages, as well as how the legal problems that arise from the existence of these regulations. This research is a normative juridical study with the main data used in the form of secondary data, while the approach taken is to use an approach to the laws and regulations (Statute approaches). The results showed that the disputes over the results of village head elections in Indonesia at this time, experienced a development and legal problems in its enforcement. The problem referred to is that when Law No. 6 of 2014 gave the Regent / Mayor authority in resolving disputes over the results of village head elections, with this fact, several legal problems arose, especially when the Regent / Mayor was a state institution whose main task was not to enforce the law, and the handling of the settlement will be difficult to be objective because there will be mixed political responsibilities in the settlement process]]>
<![CDATA[POLITIK HUKUM RANCANGAN PERUBAHAN KUHP ]]>
<![CDATA[Joko Sriwidodo]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v18i2.9817
<![CDATA[The Criminal Code (KUHP) is a legal book that regulates criminal regulations against crimes or offenses. The Criminal Code in effect in Indonesia itself is still a colonial legacy of the Criminal Code, although it has undergone several reforms to revoke, add and refine articles in the Criminal Code, for example Law no. 1 of 1946 concerning Criminal Law Regulations, Law no. 7 of 1974 concerning Control of Gambling and several other laws and regulations. Systematics of the Criminal Code consists of 3 books with 569 articles. Because our KUHP still uses the KUHP from colonial heritage, it is necessary to amend the KUHP (RUU KUHP) so that it contains more local wisdom values and the development of Indonesian society. In making amendments to the Criminal Code, Indonesia as a democratic rule of law involves the DPR (Parliament) and the Government. Because these changes have to go through discussions between the DPR and the Government and must be included in the Prolegnas. The problems that will be examined in this research are: (1) How is the Political Law of Changing the Law in Indonesia ?, (2) How is the Political Law of the Draft Amendment to the Criminal Code in Indonesia ?. This paper wants to try to provide an overview of the Political Law of the Draft Amendment to the Criminal Code in Indonesia, both in the normative theory of law and in practice. This research is a normative legal research conducted through library research by conducting studies and analyzing primary, secondary and tertiary legal materials. In this writing, the researcher also carried out observation activities on the Political Law in the Draft Amendment of the Criminal Code, the public response to the Draft Amendment to the Criminal Code.]]>
<![CDATA[PERTANGGUNGJAWABAN PENYEDIA JASA TRANSPORTASI ONLINE TERHADAP KEAMANAN DAN KESELAMATAN KONSUMEN DITINJAU DARI UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN ]]>
<![CDATA[Ranti Fauza Mayana]]>;
<![CDATA[Aam Suryamah]]>;
<![CDATA[Nabilah Gunawan]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v18i2.9822
<![CDATA[The development of globalization has a big impact on people’s lives in this era. One of them is the existence of electronic commerce (e-commerce). One e-commerce that is currently widely discussed is the online-based public transportation business, online-based public transportation has many advantages, but there are also disadvantages. Consumer safety has always been an issue for online-based public transportation companies. Because until now there are still criminal actions that result in consumers experiencing both material and immaterial losses. This paper is structured too be able to answer how to accountability is given online-based public transportation service providers to comsumers. This paper aims to provide a description of the responsibilities that must be fulfilled by service providers. The method used is normative juridical analytical descriptive research. Based on secondary data and data collection using literature studies and interviews. Based on research result, it can be seen that there are responsibilities that must be given by online-based public transportation service providers related to inadequate applications that companies create and drivers as service providers must also be accountable to consumers who suffer losses due to criminal acts that consumers experience. The form of responsibilities is compensation]]>
