Lentera Hukum
E-Journal Lentera Hukum merupakan sarana ilmiah bagi mahasiswa untuk menyalurkan pemikiran-pemikiran ilmiah di bidang ilmu hukum. Artikel yang dikirim belum pernah dipublikasikan atau tidak dalam proses penerbitan dalam berkala ilmiah lain. E-Journal Lentera Hukum terbit tiga kali dalam setahun yaitu April, Juli, dan Desember. Diterbitkan secara elektronik atas kerjasama Fakultas Hukum dan UPT Penerbitan Universitas Jember
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<![CDATA[Solusi Perselisihan Konsulat Jenderal dan Kedutaan Besar Amerika Serikat di Indonesia dengan Staf Warga Negara Indonesia ]]>
<![CDATA[Eunike Giovani Fernanda]]>;
<![CDATA[Ida Bagus Oka Ana]]>
<![CDATA[ Lentera Hukum Vol 5 No 1 (2018): LENTERA HUKUM ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/ejlh.v5i1.5706
<![CDATA[Indra Taufiq, an Indonesia citizen, a former local staff working for the United States of America Consulate General in Medan, brought an appeal to the Indonesian Supreme Court to the United States of America Consulate General in Medan and its embassy to pay Indra Taufiq’s termination of employement rights. Although the verdict of the cassation was won by Indra Taufiq, the consulate general and the embassy of the United States of America refused to carry out the court's verdict on the grounds of diplomatic immunity. This is a legal issue that should be reviewed in terms of the perspective of international law related to the legal status of diplomatic or consular representation in Indonesia and what should be done Indonesia to protect the rights of Indonesian citizens workers. Keywords: Diplomatic and Consular Immunity, Dispute, Citizens]]>
<![CDATA[Analisis Pasal 43 Undang-Undang Pengadilan Hak Asasi Manusia dalam Kasus Penghilangan Orang secara Paksa Tahun 1997/1998 ]]>
<![CDATA[Satya Kumarajati]]>
<![CDATA[ Lentera Hukum Vol 5 No 1 (2018): LENTERA HUKUM ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/ejlh.v5i1.6816
<![CDATA[This paper examines problems as the result of the absence of statement on the establishment of Human Rights Ad hoc Court in the Human Rights Court Act Number 26 Year 2000. By highlingting the kidnapping of activists in the final days of New Order regime in 1997-1998, as Article 43 of Human Rights Court Act, the power to adjudicate is attached to the Human Rights Court. However, the absence of explicit provisions to the establishment of teh Ad hoc Court of Human Rights whether before or after the preliminary investigation to be made by the Indonesian Commission on Human Rights (Komnas HAM), Attorney General argues that no subsequent measures on the results of the investigation made by Komnas HAM into the process of investigation due to the Ad hoc Court of Human Rights was not established. The aim of this paper is to provide views on the establishment of the Ad hoc Court of Human Rights by using doctrinal research with statute and case approaces. As this paper shows, it concludes that the Ad hoc Court of Human Rights was established after premilinary investigation and full investigation as proposed by the House of Representatives which is assigned throug Presidential Resolution. Keywords: Ad hoc Court of Human Rights, Preliminary Investigation, Investigation]]>
<![CDATA[Dinamika Sikap Tiongkok Atas Putusan Mahkamah Arbitrase Tetap Internasional Nomor 2013-19 dan Pengaruhnya terhadap Indonesia ]]>
<![CDATA[Ayu Megawati]]>;
<![CDATA[Gautama Budi Arundhati]]>
<![CDATA[ Lentera Hukum Vol 5 No 1 (2018): LENTERA HUKUM ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/ejlh.v5i1.6553
<![CDATA[The Conflict in South China Sea involves several countries in Southeast Asia, such as the Philippines, Vietnam, Malaysia, Brunei Darussalam, and Indonesia. It is dealt with the rights of ownership, as a result of the People Republic of China (PRC) to unveil nine-dashed line which partially claims over South China Sea. But, it is followed by other countries to release new evidences on the territorial status of South China Sea. Though the Permanent Court of Arbitration had decided the petition of the Philippines in 2013, PRC could not admit the Arbitration. Essentially, Indonesia is not directly involved as a party in the case. But as the evidence provided by PRC, Natuna Islands is part of nine-dashed line in which it asserts that such islands are regarded part of PRC. As a result, Indonesia needs to anticipate on the further potential contention of territorial claims as it has islands around the South China Sea. Keywords: South China Sea Dispute, Permanent Court of Arbitration]]>
<![CDATA[Tanggung Jawab Perdata Notaris terhadap Akta yang Dibacakan oleh Staf Notaris di Hadapan Penghadap ]]>
<![CDATA[Muhammad Tiantanik Citra Mido]]>;
<![CDATA[I Nyoman Nurjaya]]>;
<![CDATA[Rachmad Safa’at]]>
<![CDATA[ Lentera Hukum Vol 5 No 1 (2018): LENTERA HUKUM ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/ejlh.v5i1.6288
<![CDATA[A notary in exercising powers to make an authentic deed is required to read it before an interlocutor as it is set in Article 16 paragraph (1) letter (m) Notary Act. The problem that arises is that, in some cases, notaries are not the only persons who exercise such duties. In fact, such role is often replaced by their staffs on duties entitled to them. It asserts that Notary Act is not extremely obeyed with following effects of the absence of laws in Notary Act which is specifically dealt with the role of notary’s staffs. This study uses empirical legal research with sociological jurisprudence approach. The result shows that a notary has attributive powers from Notary Act which is granted rights or powers to authorize staffs to act and exercize notary’s duties. To adhere with this view, a notary deed is seen as a perfect evidence if a notary did not accomplish certain procedures. However, if a notary cannot prove it, the declaration of a privately made deed should be made by judges of the courts. If there is any disadvantage as the result of deed read by staffs, a notary can be sued in the courts to provide compensation or certain terms as constituted in Article 1365 of the Civil Code, including maerial and immaterial compensations. Keywords: Civil Liability, Notary, Notary Staffs, Deed]]>
<![CDATA[Pembentukan Peraturan Daerah Syari’ah dalam Perspektif Hukum Tata Negara Pascareformasi ]]>
<![CDATA[Erfina Fuadatul Khilmi]]>
<![CDATA[ Lentera Hukum Vol 5 No 1 (2018): LENTERA HUKUM ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/ejlh.v5i1.7263
<![CDATA[Indonesia in the aftermath of Reformation, the relationship between powers of central and local governments has shifted the paradigm in which the power of central government has been transferred from centralized-authoritarian to decentralized-autonomy. One of decentralized powers of local government is by providing the power to self-regulate without certain interventions from central government, including the initiative to establish bylaws (Peraturan Daerah) as the results of local autonomy. In further development of autonomy, however, the wider decentralization and autonomy attached to local governments has been responded differently. One of such responses is the establishment of sharia bylaws in which they result in problems in the Indonesian constitutional law system. From constitutional views, bylaws in local governments other than Aceh province violate citizen’s constitutional rights by which those are not accomodated in the hierarcy of national regulations. On the other hand, however, the establishment of sharia bylaw is important as an attempt to nurture social morality. Accordingly, there should not be abandonment regarding the establishment of sharia bylaws in several local governments other than Aceh province. But, the reaffirmation is needed relating to the position of sharia bylaws in the constitutional perspective which is not only seen formally, but also materially. Keywords: Post-Reformation, Decentralization, Shari’a Bylaws, Constitutional Law]]>
<![CDATA[Pemenuhan Hak atas Informasi Publik sebagai Tanggung Jawab Negara dalam Mewujudkan Good Governance ]]>
<![CDATA[Adam Muhshi]]>
<![CDATA[ Lentera Hukum Vol 5 No 1 (2018): LENTERA HUKUM ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/ejlh.v5i1.7284
<![CDATA[There are two legal issues proposed in this study, inter alia, the nature of the right to public information and state's responsibility for the fulfillment of the right to public information. This study uses legal research with statute and conceptual approaches. The results of this study shows that the right to public information becomes part of the human rights as guaranteed by the 1945 Constitution. Public information has become a logical consequence of the obligation of the state to account for the implementation of its government to the citizens as its main purpose is to ensure the accountability and credibility of public institutions through the provision of information and documents at the public request so that the principle of information disclosure is one component in the realization of good governance. As a constitutional right of citizens, it also shows that ‘a contrario’ the fulfillment of public information is the responsibility of the state. According to this view, the fulfillment of the right to public information is not only related to obligations, but the content must be true and provided openly and honestly. It concludes that the fulfillment of public information conducted openly and honestly will contribute to an attempt to realize good governance Keywords: Human Rights, Public Information, Good Governance]]>
<![CDATA[Peran Pemerintah Banyuwangi terhadap Bangunan Pinggir Pantai ]]>
<![CDATA[Khairinisa Nur Firdausyah]]>;
<![CDATA[Warah Atikah]]>
<![CDATA[ Lentera Hukum Vol 5 No 1 (2018): LENTERA HUKUM ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/ejlh.v5i1.6633
<![CDATA[Banyuwangi is a regency in East Java which focuses to transforming the regency into a tourism city, especially in the coastal tourism. As the development has sustained, it persuades investors to explore coastal tourism as a new business area. Consequently, the development of tourism in Banyuwangi regency generates new tourism places. On the other hand, however, there are further problems in areas of coastal tourism which were previously established. Watu Dodol Beach for instance, the beach has a lot of traditional outlets as business activities as results of coastal tourism with more than 37 years without any administrative documents. This paper is aimed to revisit the response of Government of Banyuwangi toward permanent buildings at beach’s borders according to administrative procedures according to Government Bylaw (Perda) Number 9 Year 2014 on Building. There are some critical notes to outline implications of such bylaw with the following dispute settlement. As mentioned by such bylaw, the absence of administrative documents on the establishment of outlets will impose the Government to issue reminder in writing, restrictions of building, postponement of activities, revocation of building permits (IMB), revocation of feasible function standard (SLF) and dismantling of buildings. As a result, the dispute settlement provided to address such administrative sanction comprises litigation and non-litigation processes. Keywords: Government of Banyuwangi, Building, Coastal Tourism]]>
<![CDATA[Hak dan Kewajiban Suami Istri Akibat Putusan Mahkamah Konstitusi tentang Pembuatan Perjanjian Perkawinan Setelah Perkawinan Berlangsung ]]>
<![CDATA[Muhamad Lufti Juniarto Ahmad]]>
<![CDATA[ Lentera Hukum Vol 5 No 1 (2018): LENTERA HUKUM ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/ejlh.v5i1.6862
<![CDATA[The Constitutional Court has issued a decision number 69/PUU-XIII/2015 in dealing with rights and duties between husband and wife under a marriage agreement of treasure separation. As a result of such constitutional decision, however, there should not be provisions that harm third parties, creditor as an instance, when debts have prevailed during the marriage term. As a means to protect creditor, it should refer to Article 31 paragraph 1 of Marriage Act (UUP) in which both husband and wife are equal. With regard to repayment of joint debts, both should remain equal in dealing with rights and duties in which repayment is collected from joint treasure. While it is not sufficient, it is collected from husband’s treasure and if it is still not sufficient, it is collected from wife’s treasure respectively as it is mentioned in Articles 33 and 34 paragraph 1 Marriage Act. Keywords: Rights and Duties, Marriage, Constitutional Court’s Decision]]>
<![CDATA[Responsibility to Protect sebagai Bentuk Perlindungan Hak Asasi Manusia di ASEAN ]]>
<![CDATA[Norilla Norilla]]>;
<![CDATA[Eddy Mulyono]]>
<![CDATA[ Lentera Hukum Vol 5 No 1 (2018): LENTERA HUKUM ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/ejlh.v5i1.6258
<![CDATA[Association of Southeast Asian Nations (ASEAN) established on August 8, 1967 still accords to the principle of non-intervention which has been arranged in the ASEAN Charter. This principle, however, has been debated among ASEAN members, specifically when it is dealt with human rights. While the instutionalization is one of ASEAN’s achievements, human rights become one of pivotal issues in Southeast Asia which subsequently raises questions on the commitment of ASEAN to support the Responsibility to protect at the Summit on 2005. This article revisits the responsibility to protect in international law which is accorded to international customary law of Article 38 paragraph (1) of the Statute of International Court of Justice (ICJ). By using legal research, this article asserts that the responsibility to protect is essentially applicable to be adopted by regional intergovernmental organization like ASEAN, though it was initially only adopted by the Security Council of the United Nations. But, the principle of non-intervention would be the primary barrier to applying it. Therefore, this article recommends to wielding power to the Security Council of the United Nations with respect to solving such problem at the ASEAN level with the following idea to include ASEAN as the UN member. Keywords: Responsibility to protect, Human Rights, ASEAN]]>
<![CDATA[Keterangan Ahli Warga Negara Asing dalam Peradilan Pidana di Indonesia ]]>
<![CDATA[Vika Ayu Wandari]]>
<![CDATA[ Lentera Hukum Vol 5 No 1 (2018): LENTERA HUKUM ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/ejlh.v5i1.6743
<![CDATA[Proof plays an important role in the process of adjudication in the trial process. In the criminal process, proof requires the attendance of an expert, particularly when it deals with an expert from abroad to provide statements in the courts. This paper aims to show the importance of evidences in the Indonesian criminal law procedure in which the statement to be delivered by an expert from abroad. It will discuss the importance of expert’s statement from foreign citizen to help judges in the criminal justice system of Indonesia. To judges, the statement of an expert has a power characterised as free and non-binding evidence by which the judgement fully depends upon judges’ conviction. While a foreign citizen arrives in Indonesia designated as an expert to provide witness in the trial process in which he/she does not hold visa, judges cannot dispute his/her absence of visa , but they are only given a power to consider the statement of such expert. With regard to visa, it is not the responsible of judges or the court, but the Immigration Bureau. Keywords: Proof, Evidence, Statement of Expert]]>
