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[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[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[SEBUAH STUDI MENGENAI IMPLEMENTASI PERJANJIAN KERJA YANG MENYIMPANG DARI PERUNDANG-UNDANGAN DIKAITKAN DENGAN MORALITAS ]]>
<![CDATA[Tundjung Herning Sitabuana]]>;
<![CDATA[Mikael Brian]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 1 (2021): Jurnal Era Hukum Volume 19 No.1 Tahun 2021 ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v19i1.11148
<![CDATA[The use of fixed-time employment agreements is commonplace in Indonesia. However, some companies use term employment agreements to make a profit. Many companies do not realize that taking profits by monopolizing workers on fixed-time employment agreements is a violation of the rights of workers who work in the company. The extension of the fixed-time work agreement must be in accordance with the applicable laws and regulations, particularly Law Number 13 of 2003 concerning Manpower. However, as mentioned by the author, many companies applying for work contract extensions still deviate from the law. The author uses the juridical normative research method, namely in the activities of describing legal norms, formulating legal norms, and implementing legal norms, they provide research on understanding the normative problems faced by normative law. Therefore, in this article, the author will analyze the implementations of the work agreement that deviates from the legal provisions and conduct a more in-depth study, if this happens, the company and workers will get the legal consequences. In this journal, the author tries to elaborate the relationship between the invalid fixed-term employee agreement and morality.]]>
<![CDATA[PERMASALAHAN KEADILAN DAN KEPASTIAN PERKEMBANGAN HUKUM KETENAGAKERJAAN DI INDONESIA TERHADAP KESEJAHTERAAN HIDUP TENAGA KERJA DAN KEBERLANJUTAN PERUSAHAAN ]]>
<![CDATA[Tundjung Herning Sitabuana]]>;
<![CDATA[Rio Kurniawan]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 1 (2021): Jurnal Era Hukum Volume 19 No.1 Tahun 2021 ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v19i1.11154
<![CDATA[The conflict between the Corporation and the Workforce is a global phenomenon from time to time that has an impact on changing social conditions. However, the development of law faces obstacles in responding to habits that have been passed down from generation to generation in society. The function of this research is to seek answers in terms of legal certainty and justice regarding the development of legal relations with people's habits in work ethics in the era of modernization and constitutional interpretation of the modernization era that supports sustainable economic development and is in accordance with the identity of the Indonesian nation. This study uses a quantitative juridical analysis method, which is in the form of in-depth research on legal materials and data as usual as normative law. Furthermore, the results of the analysis will be linked to the problems in this study to produce an objective assessment to answer the problems in the study. The results of the study show the steps that must be taken by the Government in a strategic role to make reforms quickly and precisely so that statutory norms can be consistent with the development of society, especially due to developments in work and business ethics. Then, the most ideal and relevant constitutional interpretations for the ratification of the Work Creation 2020 Omnibus Law, namely: Consensualism (current developments), Prudential (costs incurred and the benefits generated), and Futuristic (future conditions) with an emphasis on legal certainty and justice for employers and workers and on the significant socio-economic impacts on general welfare.]]>
<![CDATA[REKONSTRUKSI IZIN PINJAM PAKAI KAWASAN HUTAN UNTUK KEGIATAN PERTAMBANGAN DI INDONESIA ]]>
<![CDATA[Gunardi Gunardi]]>;
<![CDATA[Ahmad Redi]]>;
<![CDATA[Luthfi Marfungah]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 1 (2021): Jurnal Era Hukum Volume 19 No.1 Tahun 2021 ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v19i1.12172
<![CDATA[The potential wealth of mineral and coal resources in Indonesia provides room for conflicts of interest. Alignment in the overall implementation of regulations should minimize conflicts of interest. In 1989-2019 there were 457 conflicts of interest between forestry and mining in Indonesia. This research is intended to provide information on violations due to borrowing and using forest areas for mining in Indonesia. This study uses a juridical normative method. The final results of this study conclude that there is a need for firm legal materials and laws for resolving mining and forestry conflicts in Indonesia by using a licensing system. So that in terms of conflict resolution between mining and forestry jurisdictions, it does not delegate too much technical regulatory authority in its resolution. This research further examines the impact of conflicts between mining law areas and forest areas in Indonesia.]]>
<![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[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]]>
