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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 372 Documents
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KETENTUAN PEMENUHAN HAK ANAK LUAR KAWIN ATAS PENERIMAAN HARTA WARISAN DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 1594K/PDT/2018) Vanessa Vanessa; Gunawan Djajaputra
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 20 No. 1 (2022)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Regarding the legal position of illegitimate child in terms of inheritance which is different from legitimate child, it quite often found errors occur. The incident where an error occurred in the distribution of inheritance was also found in the case of the Supreme Court's Decision Number: 1594K/Pdt/2018. Based on this case, a problem arises regarding the equal distribution of inheritance between legitimate child and illegitimate child. Then, problems arise, namely how the legal position of illegitimate children in receiving inheritance and what form of legal protection for illegitimate children who do not fulfil Article 272 of the Civil Code in receiving inheritance. The author uses normative legal research methods. the legal position of an illegitimate child who fulfills Article 272 of the Civil Code with a legitimate child is only the same for the ownership of saisine, heriditatis petitio, and legitieme portie rights, but the share of inheritance is different. Meanwhile, illegitimate children who do not fulfil Article 272 of the Civil Code can obtain legal protection like receiving grants or testaments. So, the author can conclude that the portion of illegitimate children who fulfill Article 272 of the Civil Code gets a smaller share than legitimate children. For illegitimate children who do not fulfil Article 272 of the Civil Code, they are still entitled to legal protection like receiving grants or testaments. It is better for people who will become heirs to be able to distribute inheritance to their heirs fairly and equitably based on the provisions stipulated in the Civil Code.
Judicial Challenges to Mortgage Auction Enforcement Abi Hamdalah Sorimuda Harap; Rasji Rasji
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 23 No. 1 (2025): Era Hukum: Jurnal Ilmiah Ilmu Hukum
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v23i1.38529

Abstract

Enforcement of mortgage auction is an essential mechanism to provide legal certainty and to protect secured creditors in Indonesia’s secured lending system. However, debtors' judicial challenges often create uncertainty about the executorial authority of mortgage rights and the implementation of public auction execution. The paper examines the legal consequences of judicial intervention in the enforcement of mortgage auctions, the legal remedies available to mortgage holders, and efforts to strengthen the legal certainty of mortgage execution. This study uses the normative legal method by applying statutory, conceptual, and case approaches in studying legislation, court decisions, legal doctrines, and principles regulating mortgage rights and auction enforcement. The findings show that judicial proceedings do not necessarily wipe out the executorial character of mortgage rights but may temporarily delay execution when legitimate procedural or substantive issues require judicial review. Procedural remedies protect mortgage holders by protecting their preferential rights and ensuring the enforceability of valid mortgage interests. The study also finds that, to strengthen legal certainty, consistent judicial interpretation, harmonized legal regulations, transparent execution procedures, and effective coordination among the courts, creditors, and auction authorities are required. It contends that a proportional balance between executorial efficiency and judicial protection is necessary to protect creditor rights, protect debtor interests, and improve the predictability, reliability, and effectiveness of enforcing mortgage auctions in the Indonesian legal system.
Judicial Reasoning in Corruption Acquittals Abi Adam Sofyan Ashal; Amad Sudiro
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 23 No. 1 (2025): Era Hukum: Jurnal Ilmiah Ilmu Hukum
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v23i1.38532

Abstract

Corruption acquittals have become an increasingly significant issue in criminal justice because they raise concerns about the consistency of judicial reasoning, legal certainty, and the effectiveness of anti-corruption law enforcement. Divergent judicial interpretations of the constituent elements of corruption offences have contributed to inconsistent verdicts, creating uncertainty in the application of criminal law and diminishing public confidence in judicial outcomes. This study examines the justice gap reflected in corruption acquittals by reconstructing the legal reasoning underlying acquitting verdicts and evaluating their implications for law enforcement. The research applies a normative legal method through statutory, conceptual, and case approaches to analyze the legal framework governing corruption offences, judicial reasoning, and criminal adjudication. The study finds that inconsistencies in interpreting unlawful conduct, abuse of authority, and evidentiary standards have produced disparities in acquittals that weaken the coherence of anti-corruption law enforcement. The findings further demonstrate that reconstructing judicial reasoning through clearer interpretative standards and more consistent evidentiary assessment can strengthen legal certainty while preserving judicial independence and the guarantees of due process. This study concludes that developing a coherent framework for judicial reasoning is essential to promoting consistent adjudication, reinforcing the credibility of the criminal justice system, and improving the effectiveness of anti-corruption law enforcement without compromising the fundamental rights of defendants.
The Due Diligence Gap in Corporate Acquisitions Agnes Sri Fortuna Nainggolan; Ariawan Gunadi
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 23 No. 1 (2025): Era Hukum: Jurnal Ilmiah Ilmu Hukum
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v23i1.38533

Abstract

While mergers and acquisitions have become an important tool for business expansion and corporate reorganization, the legal structure that governs acquisition transactions does not oblige the parties to undertake a full due diligence before closing an acquisition. This regulatory gap generates legal uncertainty since acquiring parties face potential concealed obligations, knowledge asymmetry and governance issues that may arise following the transfer of business control. This article analyzes the legal repercussions of the lack of an obligatory due diligence obligation in corporate acquisitions and discusses the need of responsive legal theory as a normative foundation for legal reform. The research is based on the normative legal technique with statutory, conceptual and comparative methods in an effort to analyze the sufficiency of the present legal framework and its ability to provide preventative legal protection. The results show that the lack of an obligatory due diligence obligation reduces the legal protection of purchasing shareholders, increases the possibility of post-acquisition challenges and does not promote openness, accountability and legal certainty in business transactions. The research also shows that responsive legal theory can serve as an acceptable foundation for the reconstruction of the acquisition regulations by incorporating mandated due diligence as a preventative legal mechanism that suits modern business practices. The study indicates that the introduction of a required due diligence obligation is necessary to provide legal clarity, to reduce the risk of transactions, to promote good corporate governance, and to provide balanced legal protection to all parties involved in corporate acquisitions.
Land Without Rights: Judicial Reasoning and the Search for Legal Certainty Andreas Sutjiadi; Mella Ismelina F Rahayu
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 23 No. 1 (2025): Era Hukum: Jurnal Ilmiah Ilmu Hukum
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v23i1.38534

Abstract

Land disputes involving factual possession without formally recognized rights remain a significant challenge to legal certainty in Indonesia, particularly when physical occupation conflicts with a registered land right. Differences in judicial assessment of documentary evidence, factual possession, and applicable legal principles may produce inconsistent outcomes and weaken the predictability of land dispute resolution. This study examines how judicial reasoning shapes the resolution of disputes involving factual possession without formally recognized rights and assesses its contribution to legal certainty. The study employs a normative legal method using statutory, conceptual, and case approaches. It examines the legal status of factual possession, the evidentiary position of registered land rights, and the judicial reasoning reflected in Medan High Court Decision Number 100/PDT/2024/PT MDN. The findings show that differences in judicial reasoning can produce divergent legal outcomes when courts assign different weight to formal land documents, physical possession, and procedural considerations. The study also finds that insufficiently reasoned judicial decisions may weaken the predictability of land dispute resolution and create uncertainty for both registered rights holders and factual occupants. The study concludes that courts require a coherent and transparent reasoning framework to reconcile formal land rights with relevant factual circumstances while maintaining consistency, fairness, and legal certainty.
Dismissal Without Legal Certainty: Closing the Gap in Employment Law Arief Mandala Putra; Gunardi Lie
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 23 No. 1 (2025): Era Hukum: Jurnal Ilmiah Ilmu Hukum
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v23i1.38535

Abstract

Employment dismissal remains one of the most significant sources of legal disputes because it directly affects workers' rights, employers' interests, and the stability of employment relationships. Although employment law establishes substantive and procedural requirements for dismissal, inconsistent interpretation and implementation continue to generate legal uncertainty and reduce the effectiveness of legal protection. This study examines the legal factors that contribute to uncertainty in employment dismissal and evaluates how the existing legal framework can better ensure fairness and predictability for both employers and employees. The research adopts a normative legal method using statutory, conceptual, and case approaches to analyze the principles governing dismissal, judicial reasoning, and the coherence of employment regulations. The analysis reveals that ambiguous legal provisions, inconsistent judicial interpretation, and the absence of uniform standards for assessing the legality of dismissal frequently result in conflicting legal outcomes and prolonged employment disputes. These conditions undermine procedural fairness, weaken legal certainty, and create an imbalance between managerial discretion and the protection of workers' rights. The study further demonstrates that a coherent legal framework founded on consistent judicial interpretation, transparent dismissal procedures, and proportional application of legal principles can reduce disputes while safeguarding the legitimate interests of both parties. It concludes that strengthening legal certainty in dismissal requires clearer legal standards and greater consistency in their application, thereby promoting fair employment practices, enhancing confidence in the legal system, and supporting sustainable industrial relations.
Beyond Human Authorship: Reconstructing Copyright for Artificial Intelligence Asep Saiful Abdi; Ade Adhari
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 23 No. 2 (2025): Era Hukum: Jurnal Ilmiah Ilmu Hukum
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v23i2.38540

Abstract

Artificial intelligence has fundamentally transformed the creative process by enabling the autonomous generation of literary, artistic, musical, and other copyrightable works. This technological development challenges the conventional doctrine of copyright, which recognizes only human creators as authors and rights holders. As the volume of artificial intelligence-generated content continues to increase, existing copyright frameworks face growing difficulty in determining authorship, ownership, and the allocation of legal rights, creating uncertainty for creators, developers, users, and other stakeholders. This study examines the limitations of the traditional concept of human authorship in addressing artificial intelligence-generated works. It explores the need to reconstruct copyright law to respond to technological innovation while preserving its normative objectives. The research adopts a normative legal method using statutory, conceptual, and comparative approaches to evaluate existing copyright principles and emerging regulatory models. The analysis demonstrates that an exclusive reliance on human authorship no longer adequately accommodates contemporary creative practices, resulting in uncertainty over ownership, inconsistent legal interpretation, and gaps in copyright protection. The study further finds that a technology-responsive copyright framework should recognize the distinct role of artificial intelligence without diminishing human accountability, creative contribution, or the public interest. It concludes that reconstructing the concept of authorship is essential to strengthen legal certainty, promote innovation, and establish a balanced copyright regime capable of responding to the evolving relationship between human creativity and artificial intelligence in the digital era.
The Secured Creditor's Dilemma Ayu Puspita Sari; Ariawan Gunadi
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 23 No. 2 (2025): Era Hukum: Jurnal Ilmiah Ilmu Hukum
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v23i2.38541

Abstract

Secured creditors occupy a fundamental position in commercial transactions because security rights provide priority in the repayment of debts when debtors fail to fulfil their obligations. This protection becomes more complex when a debtor enters bankruptcy because bankruptcy proceedings impose procedural restrictions on the exercise of secured creditors’ enforcement rights and involve curators in the administration and realization of secured collateral. This study examines the legal certainty of secured creditors’ enforcement rights during Indonesian bankruptcy proceedings and analyzes the legal consequences arising when secured creditors fail to execute their collateral within the statutory period. The study employs normative legal research using statutory, conceptual, and case approaches to examine the interaction between bankruptcy law and the legal principles governing secured transactions. The analysis examines Supreme Court Decision No. 521 K/Pdt.Sus Pailit/2021 and Supreme Court Decision No. 527 K/Pdt.Sus Pailit/2020. The findings demonstrate that Indonesian law formally recognizes secured creditors’ enforcement rights and preferential position, but procedural limitations, curator authority, and differences in judicial interpretation reduce the practical certainty of those rights. Failure to execute collateral within the statutory period may alter the mechanism of collateral realization and increase curator involvement without automatically eliminating the secured creditor’s preferential position over the proceeds. The study concludes that coherent legal interpretation, clearer boundaries between secured creditor and curator authority, and consistent procedural application are essential to strengthening legal certainty, ensuring effective enforcement of security rights, and maintaining the collective objectives of bankruptcy proceedings.
Restoring Notarial Integrity After Criminal Proceedings Dovanda Givanti; Rasji Rasji
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 23 No. 2 (2025): Era Hukum: Jurnal Ilmiah Ilmu Hukum
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v23i2.38544

Abstract

Public trust constitutes the foundation of the notarial profession because notaries exercise public authority to prepare authentic deeds that establish legal certainty and provide reliable evidentiary value in civil transactions. Despite this important role, notaries increasingly face criminal proceedings involving allegations of authentic deed forgery arising from professional negligence, inaccurate information or fraudulent documents submitted by the parties, or intentional unlawful conduct associated with a transaction. These circumstances create legal uncertainty, threaten the credibility of authentic deeds, and weaken confidence in the notarial institution. This study examines the legal grounds for holding notaries accountable in criminal proceedings involving alleged deed forgery and evaluates the legal mechanisms available to restore their professional status and rights after judicial resolution. The research applies a normative legal method through statutory, conceptual, and doctrinal approaches supported by qualitative analysis of primary, secondary, and tertiary legal materials. The findings indicate that notaries must consistently uphold integrity, impartiality, and professional competence in exercising their official authority, while breaches of these obligations may result in administrative sanctions. The analysis further demonstrates that notaries who are acquitted or otherwise legally exonerated should receive effective legal rehabilitation, including the restoration of professional rights and appropriate compensation where justified. The study concludes that a balanced legal framework combining professional accountability with meaningful legal rehabilitation is essential to preserving institutional integrity, strengthening legal certainty, and sustaining public trust in the notarial profession.
Administrative Reform for Effective Land Administration Fadiya Muzahadah; Rasji Rasji
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 23 No. 2 (2025): Era Hukum: Jurnal Ilmiah Ilmu Hukum
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v23i2.38545

Abstract

Good land administration is an essential element in promoting sustainable land governance, avoiding land disputes and providing legal certainty. Administrative permissions for use of state land is an important legal tool which enables the proper allocation of land rights and controls the occupation of land. However, despite the complete legislative framework, there are also institutional and practical hurdles that hamper the application of these permits which reduces the administrative efficacy. The study examined the administrative mechanism of the state land use permit to improve legal certainty and the elements that affect the effectiveness of land administration. The study is qualitative and uses the empirical legal research method, including an analysis of legislative regulations, administrative records and information from interviews with land administration authorities. The findings indicate that the permission system provides for effective land management, avoids disputes and increases legal certainty in the acquisition of land rights. However, effective execution is still hindered by the misuse of administrative papers, contradictory land information, poor physical access to land and inadequateinstitutional capacity. The results also show that administrative reform significantly improves the quality of land administration, thru the implementation of digital land information management, institutional capacity development, procedural simplification, technology-supported field verification and stronger administrative supervision. The study indicates that to develop a sustainable and effective system of land governance, improving institutional performance and strengthening legal certainty, it is necessary to implement a thorough administrative reform.

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