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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 361 Documents
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PENCABUTAN HAK POLITIK MENDUDUKI JABATAN PUBLIK TERPIDANA TINDAK PIDANA KORUPSI DALAM UNDANG-UNDANG NOMOR 31 TAHUN 1999 JUNCTO UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI Marlina Samosir
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 1 (2021): Jurnal Era Hukum Volume 19 No.1 Tahun 2021
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v19i1.11146

Abstract

The revocation of the right to occupy public office and political rights for convicted of corruption is very urgent to provide a deterrent effect for perpetrators of corruption crimes in accordance with law no. 31 of 1999 juncto undang-undang number 20year 2001 on the eradication of corruption crimes. but the provision of the revocation of the right to occupy public office and political rights for convicted corruption crimes reap controversy, considering    on the one hand how to give a deterrent effect for perpetrators of corruption, but on the other hand there are those who consider it contrary to human rights if political rights are revoked. has the implication that the revocation of the right to occupy public office for perpetrators of corruption in Indonesia because the revocation of certain rights only for criminal acts that are expressly determined by the law that the crime is threatened by additional criminal acts of office is a crime that is very closely related to the state finances.Officials have a strong role to commit corruption through the authority attached to the office.”
PENYELESAIAN KREDIT MACET MELALUI FORUM NON LITIGASI PADA PROSES KEPEMILIKAN RUMAH DI PT BANK TABUNGAN NEGARA CABANG PEKANBARU Deddy Suryadi Akhyar; Ali Ismail Shaleh
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 1 (2021): Jurnal Era Hukum Volume 19 No.1 Tahun 2021
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v19i1.11152

Abstract

Houses are a primary need for some families, both those living in rural areas and in urban areas, which is a primary need. The fulfillment of these primary needs cannot be met by everyone to buy in cash. Therefore, a financial institution is needed to provide financial assistance in the form of credit distribution, especially in housing loans (KPR).This research examines two problems, namely the obstacles in solving bad credit at PT Bank Tabungan Negara Pekanbaru Branch and how to solve bad credit through non-litigation forums on the home ownership process carried out by PT BanK Tabungan Negara Pekanbaru Branch. This research uses observational research, which is a field research that is attempted to provide a descriptive description of the reality that occurs in society, where the author in conducting observational research uses qualitative methods. Broadly speaking, the factors that can hinder the occurrence of non-performing loans can be classified into internal and external factors, where the non-litigation settlement of bad loans at PT Bank Tabungan Negara Pekanbaru Branch takes several steps recommended by creditors, namely pre-negotiation, negotiation implementation. , post negotiation. From the research results, it can be concluded that the obstacles in settlement through non-litigation are incomplete documents / debtor credit data, and can take the form of difficulties in collecting debts because the debtor has a poor character. Bad faith from the debtor, lack of awareness of the debtor in completing his loan facility, timeliness because the debtor's improperly repaying his debt results in a protracted settlement, so that the burden borne by the debtor is getting bigger, non-litigation settlement is Rescheduling, Restructuring, and Reconditioning, the factor that causes PT Bank Tabungan Negara Pekanbaru Branch to choose to settle non-performing loans through non-litigation channels is time, the results achieved if through non-litigation channels the settlement of bad credit in home ownership loans (KPR) can get maximum results, good faith reason The non-litigation route was chosen, because there is still a willingness from the debtor to settle the credit.
PELAKSANAAN EKSEKUSI PUTUSAN ARBITRASE SIAC DI INDONESIA TERKAIT SENGKETA PENGGUNAAN BAHASA DALAM KONTRAK Christine Elizabeth
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 1 (2021): Jurnal Era Hukum Volume 19 No.1 Tahun 2021
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v19i1.11158

Abstract

In the process of organizing an international business contract, the parties involved have the freedom to discuss the essence of said contract, which will then be agreed together. English, as the language known as lingua franca, is often used in conducting an international business contract. Not only language used in the contract, choice of law and choice of forum are also important elements to be included in an international business contract as an anticipative move to face the conflicts that might or might not happen in the future. Arbitration is business people’s popular choice nowadays as the forum to settle their conflicts, because it is thought to be more effective and efficient compared to the conventional solution (litigation). The parties who already agreed to the arbitration clause included in the contract should then follow the procedures. Nonetheless, reality—more often than not—doesn’t fulfill the expectation, just like what happened in the case between Blutether Limited v. PT. MNC Skyvision Tbk. How could such a thing happen? Writer did an extensive research on this case using the normative law research method. Results show that rules regarding the usage of foreign language along with the absence of good faith and fairness in conducting the international business contract played a vital role in the failure of achieving justice in that case. Some changes need to be made regarding those points to support international business contracts with foreign parties.
FILSAFAT PEMIDANAAN TERHADAP PENYALAH GUNA NARKOTIKA BAGI DIRI SENDIRI DAlAM PERSPEKTIF HUKUM POSITIF DAN HUKUM PIDANA ISLAM Kurniasih Bahagiati
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 1 (2020)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v18i1.9810

Abstract

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
ANALISIS DAMPAK KEABSAHAN PERJANJIAN FIDUSIA (STUDI KASUS: PERJANJIAN FIDUSIA ANTARA PT. X DENGAN BANK B) Jefri Purnama
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 1 (2020)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v18i1.9812

Abstract

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.
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 Antonius Ferry Bastian; Ariawan Gunadi
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 2 (2020)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v18i2.9819

Abstract

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.
REKONSTRUKSI VERIFIKASI PARTAI POLITIK SEBAGAI PENEGAKAN ASAS EFISIENSI DAN EFEKTIVITAS PEMILIHAN UMUM Ahmad Gelora Mahardika
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 2 (2020)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v18i2.9824

Abstract

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.
PERBANDINGAN KONSEP AKAD WAKALAH BIL UJRAH DAN AKAD QARD TERHADAP PERMASALAHAN AKAD PEMBELIAN BARANG DALAM KEHIDUPAN SEHARI-HARI Zendy Sellyfio Ardiana; Radityo Dewandaru Basoeki
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 1 (2021): Jurnal Era Hukum Volume 19 No.1 Tahun 2021
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v19i1.11147

Abstract

The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core ofmaqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of each contract is to avoid haram income. This research is a normative juridical research with explanatory and prescriptive research types. The results of the studyconcluded that by using the wakalah bil ujrah contract in the safekeeping of the purchase of goods whose payment was not deferred to the representative, the representative can ask for a fee / ujrah from the muwakkil, as at the beginning of the agreement, and for the qard contract, where the representative is entrusted to buy the goods with a deferred payment to him, it is haraam to gain value added.
PERLINDUNGAN HUKUM TERHADAP PEJUANG LINGKUNGAN HIDUP YANG DIJAMIN DALAM UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Tundjung Herning Sitabuana; Harry Setiawan
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 1 (2021): Jurnal Era Hukum Volume 19 No.1 Tahun 2021
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v19i1.11153

Abstract

Environment is definitely one of the most important things that we as human beings need because we are actually just a small part of it. Criminalization of environmental activists is pretty common in Indonesia which is a serious problem for the state to protect human rights. The protection of environmental activists has been regulated in the environmental law, but that doesn’t really protect the activists from the courtroom. Undang-Undang No. 32 Tahun 2009 or Law Number 32 Year 2009 is the law that regulates the environment and it also regulates the protection of the environmental activists as written in the Article 66, but that doesn’t stop the fact that many activists had to deal with the authorities just because they tried to protect one of their human rights which is the healthy environment. This is such a problem that the government and the lawmakers have to fix. The Anti SLAPP idea is one of the keys to protect environmental activists from being criminalized. This research is using normative approach.
PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA YANG TIDAK DIBERI UPAH/GAJI DITINJAU DARI UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (Studio PT. Bakrie Construction Sumuranja Banten) Alvin Agung Wicaksono; Amad Sudiro
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 1 (2021): Jurnal Era Hukum Volume 19 No.1 Tahun 2021
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v19i1.12171

Abstract

The rapid development of the business world today has created many problems for companies to face. One of the problems faced by most companies is human resources as the executor of the company's production activities. Due to this legal relationship and to avoid arbitrariness, the government has formulated regulations governing interpersonal relationships in the world of work. PT Bakrie Construction is a subsidiary of Bakrie Metal Industries, a subsidiary of Bakrie and Brothers, focuses on the EPC business and its steel factory facilities are located in Sumuranja Bojonegara, PT. Bakrie Construction found a case of not paying salaries to its workers hence violating Indonesia’s labor law where economical work protection is required to be fulfilled by the companies to the labourers in exchange of their labour to the company. Labour laws are needed to help the labourers so they would not be discriminated against by any means like social, economical and technically by the companies that hire them. 

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