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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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TINDAK PIDANA EKSPLOITASI ANAK UNTUK KEPENTINGAN EKONOMI (Studi Kasus Putusan No.1608/PID.Sus/2016/PN.Tng) Vita Irawan Sari
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.v19i2.12178

Abstract

 Child exploitation is arbitrary action and discriminatory treatment against children by the community or their own families with the aim of forcing the child to do something without regard to children's rights, for example cases of child exploitation by Tajudin who employ children as mortar sellers on the street. general by placing the child on the side of the highway by hoping that someone feels sorry for him to be given money. In this case, the issue raised is whether the act of the defendant in decision number: 1608 / Pid.Sus / 2016 / PN.Tng is a criminal act of child exploitation and whether the judge's consideration in deciding to release the case of child exploitation is in accordance with the statutory regulations. applicable. This research is a descriptive analysis so that the data obtained are analyzed qualitatively. The theoretical basis refers to article 1 number 7 of the Republic of Indonesia Law number 21 of 2007 concerning the crime of combating trafficking in persons. The results of the research conducted by the author in this case is that the exploitation of children is a criminal act, this is clearly stated in article 1 number 7 of the Republic of Indonesia Law number 21 of 2007 concerning the eradication of the crime of trafficking in persons. The judge stated that the defendant's actions were proven but the act did not constitute a criminal act and the judge released the defendant from all legal charges. In this case the act committed by the defendant had been approved by both parents to sell mortar, therefore the elements contained in the article were not a crime. 
KEDUDUKAN KREDITUR DALAM PEMBIAYAAN MOBIL PENUMPANG OLEH PERUSAHAAN PEMBIAYAAN DENGAN JAMINAN FIDUSIA SETELAH BERLAKUNYA PUTUSAN MAHKAMAH KONSTITUSI (MK) No 18/PUU XVII/2019 Erika Yulianti
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.v19i2.12185

Abstract

  ‘An agreement with a fiduciary guarantee’is an additional agreement’or assesoir of0a basic0agreement that creates an obligation for the parties to fulfill an achievement in the form of giving something, doing something0or’not doing something0that can be valued0in money.”Fiduciary must be registered and generate a fiduciary certificate (Article 11 to Article 18 Law of The Republic of Indonesia on Fiduciary). Theregistration of this0fiduciary guarantee itself gives preference. A fiduciary certificate has executorial power like a court decision. After the ‘Constitutional Court’Decision ‘No. 18 / PUU-XVII / 2019’which interpreted Article 15 section (2) and (3) of Law 42 of 1999 Law of The Republic of Indonesia on Fiduciary, had a significant impact on financing institutions as creditors where they could no longer carry out executions using The executorial title for the movable property guarantee is based on the fiduciary deed if ‘the debtor does not agree to submit the collateral object.’So the authors raised several problems, namely: how was the influence after the Constitutional Court Decision ‘No. 18 / PUU-XVII / 2019 on Article 15 section (2) and (3) Law No. execution of fiduciary guarantees; and what is the balance of the position of debtors and creditors in the agreement ‘after the Constitutional Court Decision No.18 / PUU-XVII / 2019.’After analyzes with the normative legal research method, a legal research, both pure and applied is carried out by a legal researcher to examine a norm, then after the Constitutional Court decision, if the debtor refuses to accept the breach, the default and execution must be proven through the court. As well as the balance of position still cannot be said to be balanced but the position of the debtor has increased compared to before the Constitutional Court Decision.
DAMPAK PERALIHAN KEBIJAKAN PERIZINAN USAHA TAMBANG GALIAN C DI KABUPATEN INDRAMAYU Rasji Rasji
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.v18i1.13740

Abstract

Excavated material C is part of Indonesia's abundant natural resources. Its utilization is used for the greatest prosperity of the people. Excavation mining C is required to obtain a mining business permit, but many entrepreneurs in the Indramayu Regency do not have a mining business permit. On the other hand, there has been a shift in the mining permit policy for excavation C. The problem is what is the impact of the policy shift on the issue of licensing for mining mining C in Indramayu Regency? Through empirical legal research, the research results show that initially the mining business licensing policy in the Indramayu Regency was the authority of the Indramayu Regency Government. Since 2017, the mining business licensing policy for C excavation located in Indramayu Regency has changed to the authority of the West Java Provincial Government. This has an impact on the procedure for obtaining a mining business permit for C-mining, which is getting longer and more difficult, the cost of obtaining a C-mining business permit is getting bigger, C-mining activities are increasingly without a permit, and the Indramayu Regency Government does not have the authority to regulate C-excavation mining activities. unlicensed.
AKIBAT HUKUM TERHADAP PENOLAKAN EKSEKUSI PUTUSAN ARBITRASE (STUDI KASUS DANNY SIHANOUK DE MITA VS SALVAGE B.V.) Mikael Brian
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.v19i2.12174

Abstract

 Arbitration is an alternative dispute resolution outside the court. arbitration generally has the nature of a final award. Arbitration is carried out by the disputing parties based on an arbitration agreement, so there has been an agreement regarding the dispute settlement route they will face. Even so, we are also often presented by several individuals who reject the arbitration award, which in essence is final. Therefore, in this journal the author wants to examine juridically the implications of rejecting the execution of an arbitration award. The author also wants to examine the legal consequences of refusing to execute the arbitration award. Therefore, in this article, the author will elaborate the implementations of an arbitration award that deviates from the legal provisions and conduct a more in-depth study, author tries to elaborate the legal consequences between them. 
AUDITOR HUKUM DI ERA DIGITALISASI DALAM UPAYA MENCEGAH TRANSAKSI TINDAK PIDANA PENCUCIAN UANG Urbanisasi Urbanisasi
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 2 (2018)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v16i2.14907

Abstract

One of the legal auditors in Indonesia is the Center for Financial Transaction Reports and Analysis. In Law 8 of 2010 concerning the Prevention and Eradication of the Crime of Laundering, it expressly mandates the establishment of the Financial Transaction Reports and Analysis Center (PPATK) as a central institution (focal point) which Numbers the Implementation of the Act in order to prevent and criminal actor money laundering. in Indonesia. The problem is how are legal auditors in the digitalization era in an effort to prevent money laundering. The research method used is normative juridical research. The results of the research are that the existence of a legal auditor is one of the efforts to prevent money laundering crimes, where it is necessary to search for assets resulting from criminal acts, which are generally carried out by financial institutions through mechanisms regulated in laws and regulations. PPATK may cooperate in exchanging information in the form of requesting, giving, and receiving information with parties, both nationally and internationally.
ILMU FORENSIK SEBAGAI LANGKAH PENYELESAIAN KASUS PIDANA MUTILASI DALAM PERANAN PEMBUKTIAN DI HADAPAN HUKUM Karyn Karyn; Abdurrakhman Alhakim
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 20 No. 1 (2022)
Publisher : Faculty of Law - Tarumanagara University

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Abstract

Proof of murder and other crimes related to forensic science to reveal the perpetrators of crimes and their evidence, the purpose of this study was to determine the important role that forensic science has in solving crimes and the strength of the evidence of Visum et Repertum in court, the research method taken at This writing is a normative legal method in which Primary legal material contains premeditated murder as regulated in 340 of the Criminal Code, legislation Number 8 of 1981 concerning the Criminal Procedure Code, Number 29 of 2004 concerning Medical Practice, to solve this criminal case requires various types of knowledge. forensics, which is stated in the National Police Chief Number 10 of 2009 concerning Procedures and Requirements for Technical Requests for Criminal Cases at Case Incidents and Criminal Laboratory for State Evidence of the Republic of Indonesia. The case that was brought to the mutilation criminal case was focused on the decision Number 1036/Pid.B/2008/PN.DPK, the element of deliberate intentional killing of lives has been proven by fulfilling the implementation of Article 340 of the Criminal Code with this decision.Keywords: Criminal Acts, Forensic Science, Visum et Repertum, Premeditated murder
LEGALITAS PERJANJIAN JUAL BELI MELALUI E-COMMERCE SECARA ONLINE MELALUI FITUR TAWAR MENAWAR YANG MERUGIKAN PIHAK PENJUAL Bodhi Alivian; Raissa Arlyn Manikam
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 20 No. 1 (2022)
Publisher : Faculty of Law - Tarumanagara University

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Abstract

The act of buying and selling is a common thing in society, in its development buying and selling can not only be carried out face-to-face, but with the development of technology and information, these activities can be carried out through online market applications. With this development, to attract public interest in the application, various features were added with a hope that these features could attach the community interest in online buying and selling activities. One of the features provided is the bargaining feature, where the seller and buyer can negotiate the price until a certain point that has been agreed by both parties. However, in practice, many irresponsible parties misused this feature by taking advantage of the negligence of one other party, in this case the seller was the victim and by this action the seller was aggrieved in economic terms. Therefore, this journal will discuss the legality of the sale and purchase agreement which occurred based on the negligence of a party that aggrieves the seller in the online market by using the bargaining feature.
CRYPTO ASSET TRENDS IN INDONESIA: NEW CHALLENGES TO INDONESIAN REGULATIONS Lewiandy Lewiandy
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 20 No. 1 (2022)
Publisher : Faculty of Law - Tarumanagara University

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Abstract

Cryptocurrency started its boom in Indonesia in 2013 and ever since, its popularity has soared in the community, especially among younger generations. Most enthusiasts agree that it is a captivating investment instrument due to its high return in the past years. The covid-19 pandemic strike, which led to series of lockdowns, plays a major role in echoing the digital asset’s popularity. The rapid growth of the asset’s adoption invites questions of regulation necessity and the role of related regulators. This writing addresses those questions and, in the end, this paper finds that the regulators need to identify the economic problems rise with the existence of the crypto assets and regulate sufficiently to ensure the innovation is not halted due to overregulation. This writing uses a juridical-normative research method with a case approach. Regulations made by the Government as the regulator are needed in order to realize protection, legal certainty and harmony in regulating investment activities and payments with cryptocurrency.
TELAAH KRITIS TERHADAP PERLINDUNGAN FREEDOM OF SPEECH DALAM HONGKONG SECURITY LAW DITINJAU BERDASARKAN DEKLARASI BERSAMA TIONGKOK – INGGRIS 1984 (SINO-BRITISH JOINT DECLARATION 1984) Madeleine Lie; Ida Kurnia
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 20 No. 1 (2022)
Publisher : Faculty of Law - Tarumanagara University

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Abstract

The Sino-British Joint Declaration was a declaration that was signed by Great Britain and China in 1984 in other to discusses about Hongkong which was under British control at that time where British gave Hongkong to China as the part of 99 year lease, but it ended up in disaster after the Hongkong's 2020 National Security Law.The type of research that the author uses is normative where this research refers to international regulations that apply in international relations, court decisions, and norms that apply in international relations.Based on the studies that have been carried out and based on expert opinions and theories that have been put forward, it can be concluded that China violated the contents of the Sino-British Joint Declaration which protects the principle of Freedom of Speech in Hongkong with the ratification of the Hongkong National Security Law.Based on the conclusions above, the authors provide the following suggestions, the Chinese government must carry out International Responsibility by revising the Hong Kong National Security Law both in substance (to avoid rubber articles such as Article 29 point 5) and the process of making the law to follow the law-making procedures in force in Hong Kong.
KAJIAN YURIDIS MENGENAI LEGALITAS ABORSI DALAM KASUS PEMERKOSAAN SERTA KAITANNYA DENGAN PENGATURAN ABORSI DALAM RUU KUHP (PERBANDINGAN ANTARA TINDAK PIDANA ABORSI DALAM SISTEM HUKUM INDONESIA DAN ABORSI DALAM SISTEM HUKUM SINGAPURA) Tiara Rahmawati
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 20 No. 1 (2022)
Publisher : Faculty of Law - Tarumanagara University

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Abstract

Abortion has been a controversial topic throughout history due to a variety of perspectives. There are pros and there are cons. Including the regulation of abortion in the Draft Law (RUU) of the Criminal Code, where there are provisions and/or Articles on abortion and/or abortion. In the Criminal Code, abortion is regulated in Articles 251, 415, 469, 470, and 471. Then when we look at the act of abortion that is legalized according to the provisions in his country, the real example is in Singapore which is in the Termination of Pregnancy Act Cap. 324 the implementation of abortion is not prohibited. Meanwhile, in the ius constitutum of Indonesia, abortion is a criminal act or crime against life regulated in Articles 229, 346-349, and 535 of the Criminal Code, and regarding the exemption of abortion in Indonesia itself is regulated in Law No. 36 of 2009 on Health. Therefore, this writing, the author intends to legally examine the legalization of abortion in rape cases in Indonesia, which should be in the Criminal Code as a constituent can contain the rules, with a comparison between abortion in Indonesia and abortion in Singapore.

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