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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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DILEMATIKA PENEGAKAN HUKUM TERHADAP PENYELESAIAN SENGKETA PEMILIHAN KEPALA DESA DI INDONESIA Siti Mariyam; Adhi Putra Satria
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.v18i2.9827

Abstract

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
PENDIRIAN BUMDES DENGAN AKTA NOTARIS BERBADAN HUKUM PERKUMPULAN Steven Federik; Tjempaka Tjempaka
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.v19i1.11150

Abstract

The deed of establishment of the Margakaya Bangkit BUMDes association has met the legality requirements as the deed specified in Article 1868 in conjunction with Article 1338 of the Criminal Code because it was made based on statutory provisions and the applicant's will, so that the implication has legal force and provides assurance and legal protection for the required account opening process the bank. However, it is a mistake to consider the establishment of BUMDes by making a notary deed, let alone an association deed, so based on Article 16 (1) letter a UUJN jo Article 16 Paragraph (11) the actions of the notary TN, SH, MH in carrying out their duties are not careful in understanding the provisions of the BUMDes legislation which should not have been written off because the Village Regulation is sufficient as a legal entity. In addition, notaries also violate Article 3 point 5 in conjunction with Article 6 of the Notary Code of Ethics. As a notary, he must have extensive knowledge including the problem of establishing BUMDes that do not need a notary deed. For violations of UUJN and the Code of Ethics, notary TN, SH, MH, can be subject to administrative sanctions with a written warning or a warning from the notary organization
TINDAK PIDANA PENIPUAN PADA TRANSAKSI E-COMMERCE DI MASA PANDEMI COVID-19 Rosalia Dika Agustani; Ahmad Nur 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.v19i1.11155

Abstract

There are many businesses that divert their business using e-commerce media. E-commerce media is intended to be a digital platform that can directly connect between businesses and consumers without having to face-to-face. In the business world, the proliferation of e-commerce does lead to rapid economic growth. But the number of transactions through e-commerce also acts to close the possibility of criminal acts of online fraud and in this case the victims are consumers. This research uses juridical-normative methods, with a legal approach, conceptual approach, and case approach. Consumers who experience criminal acts of online fraud can take legal action as the first is to make a complaint to law enforcement, the complaint must attach evidence and can convince that he/she has been victimized. So that law enforcement can take the next step that will usually be searched for the identity of the business. The role of digital proofing greatly influences the results of investigations. Not all online crimes can be solved due to limited law enforcement capabilities. So that the accountability of business actors has been explained in Article 28 paragraph (1) jo. Article 45 paragraph (2) of the ITE Act.
PENGUATAN PRODUK REKOMENDASI PADA PERMENKUMHAM NOMOR 2 TAHUN 2019 TENTANG PENYELESAIAN DISHARMONI PERATURAN PERUNDANG-UNDANGAN MELALUI MEDIASI Abidin, Handa S
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.v18i1.9804

Abstract

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.
POLITIK HUKUM RANCANGAN PERUBAHAN KUHP Joko Sriwidodo
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.v18i2.9817

Abstract

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.
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 Ranti Fauza Mayana; Aam Suryamah; Nabilah Gunawan
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.v18i2.9822

Abstract

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
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS PPOB (PAYMENT POINT ONLINE BANK) YANG DIKELUARKAN OLEH PT PLN Moratua Silaban
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.v18i2.9828

Abstract

Electricity is one of the vital life needs of the community. PLN, as the official provider of electricity, has issued a payment policy through the PPOB system with the aim of providing more service for consumers along with rapid changes in technology and information flow. But on the other hand, the policy of implementing payments through the PPOB turned out to have hurt consumer rights. Consumers are charged an additional administration fee which amounts vary, ranging from Rp1,600.00 to Rp5,000.00. This policy is unilaterally included in the standard agreement through the Power Purchase Agreement and violates the provisions in Law Number 8 of 1999 concerning Consumer Protection (UUPK). So that the problem arises as to how the business actor's responsibility for consumer losses due to the PPOB system is based on Article 19 paragraph (1) and paragraph (2) UUPK? and how do consumers protect against the implementation of clauses in electricity payment transactions? The research method used is normative juridical research method. The results of research that PLN violated the provisions of Article 4 letter b and c Article 5 letter c and Article 18 Paragraph (1) letter a UUPK, then PLN is responsible for losses suffered by electricity consumers who use electricity payment services through the PPOB system which is materially regulated in Article 19 The UUPK confirms that business actors are responsible for providing compensation for the damage, pollution and / or loss of consumers due to consuming goods and / or services produced or traded. However, the legal action of the consumer lawsuit that sued PLN in the South Jakarta District Court in its decision was rejected, so the consumer must accept the judge's decision and must accept the payment system that has been determined by PLN through the PPOB system. PLN's policy of applying the standard clause in the PPOB system benefits banks, but is detrimental to consumers because the basis of the charges is unclear and is detrimental to consumers. Thus, consumer protection against the implementation of clauses in electricity payment transactions applicable Article 18 paragraph (3) UUPK will be declared null and void.
EFEKTIVITAS PASAL 27 PERATURAN PEMERINTAH NOMOR 40 TAHUN 1996 TENTANG HAK GUNA USAHA, HAK GUNA BANGUNAN DAN HAK PAKAI ATAS TANAH DALAM PERSOALAN PERPANJANGAN MASA BERLAKU HAK GUNA BANGUNAN Carrin Finerly; Mella Ismelina F.R.
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.v19i1.11151

Abstract

Holders of land in the form of Building Rights Title may be owned by Indonesian Citizens and legal entities established under Indonesian law and domiciled in Indonesia. The Term of Use of Building Rights Title is granted for the first time for 30 years and may extend to a maximum of 20 years. The extension of the Building Rights set forth in Art 27 paragraph (1) of Government Regulation Number 40 Year 1996 on the Right of Exploitation, the Right of Building and the Right of Use of Land/PP 40/1996 may be filed by the rights holder no later than 2 years before the expiry of the Building Rights Period and in Art 41 of Regulation of State Minister for Agrarian Affairs/Head of the National Land Affairs Agency Number 9 Year 1999 on Procedure for Granting and Nullifying Right to State Land and Management Right may be filed within a period of 2 years prior to the expiry of the Building Rights period. According to lex superior derogate the inferiori principle the application for extension of Building Rights should be made in accordance with Art 27 paragraph (1) of PP 40/1996. Type of research is empirical legal research with data collection techniques by literature study and interviews to the Land Office in Central Jakarta. The conclusion of this paper is that holders of Building Rights whenever can extend their rights and no consequences made to whom filed extensions over the time limit in Art 27 paragraph (1) PP 40/1996.
TANTANGAN DAN SOLUSI TERHADAP KETIMPANGAN AKSES PENDIDIKAN DAN LAYANAN KESEHATAN YANG MEMADAI DI TENGAH PANDEMI COVID-19 Fitri, Winda; Octaria, Melvina; Irvanaries, Irvanaries; Suwanny, Novy; Sisilia, Sisilia; Firnando, Firnando
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.v19i1.11156

Abstract

The widespread use of COVID-19 causes trouble to many sectors in the daily life of many people, in many public sectors. Education platforms are forced to go online, despite the lack of access towards the internet. Moreover, problems such as the demand to provide access for practical work to boost the performance of Sustainable Development Goals needs a lot of adjustment. Aside to that, healthcare also faces the same problem. Status quo shows that access to healthcare isn’t yet feasible for everyone as there are still many districts left with none. Other problems that occur are such as the lack of provided facilities to support healthcare. With this being said, the goal to provide healthcare will never be achieved as healthcare facilities will be demanded to be utilized to fight and handle Victims of COVID-19. This forces the society to do a major change in daily life activities, such as to apply social distancing, wearing maskers, and apply the given safety protocol
PERLINDUNGAN HUKUM PERUSAHAAN ASURANSI SEBAGAI KREDITUR TERHADAP DEBITUR PERORANGAN YANG WANPRESTASI DENGAN JAMINAN HAK TANGGUNGAN MELALUI AKTA PEMBERIAN HAK TANGGUNGAN (APHT) Ulanda Destriana
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 2 (2021): Jurnal Era Hukum Volume 19 No.2 Tahun 2021
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v19i2.12179

Abstract

 In this case the debtor commits a default making the insurance company as a creditor feel harmed. The rule of law is required in the implementation of the burden of Dependent Rights in order to protect creditors against debtors who default by using the Deed of Granting Of Dependent Rights (APHT). The formulation of the problem is how legal protection to the Insurance Company as a creditor when the individual debtor defaults with the guarantee of dependent rights through APHT in accordance with the provisions of Law No. 4 of 1996 on Dependent Rights (UUHT), and how the execution of Dependent Rights in accordance with the provisions of the UUHT and the interpretation of provisions in the UUHT with the Deed of Granting of Dependent Rights. The approach method is juridical normative, the research specification is descriptive analysis and data collection techniques using interviews and literature studies.The implementation of binding agreement with the guarantee of Dependent Rights in PT XXX is carried out in accordance with the agreement of both parties contained in the Deed of Borrowing, Power of Attorney To Impose Dependent Rights (SKMHT) and APHT before a Notary/PPAT. Settlement of Default by Using Dependent Rights in PT XXX is carried out using notification letter, warning letter and somasi letter. In UUHT that provide legal protection to creditors as holders of dependent rights when the debtor defaults, namely Article 1 number 1, Article 6, Article 14 paragraph (1), (2), (30), Article 20 paragraph (2), (3), Article 11 paragraph (2), and Article 7. In this research, the creditor has carried out the execution of the object of dependent rights in accordance with Article 20 UUHT is the creditor will conduct a public auction of the object of dependent rights as the repayment of his receivables...

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