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INDONESIA
Lentera Hukum
Published by Universitas Jember
ISSN : 23554673     EISSN : 26213710     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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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Articles 10 Documents
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Search results for , issue "Vol 5 No 3 (2018): LENTERA HUKUM" : 10 Documents clear
Penyelesaian Sengketa Laut Antara Indonesia dan Malaysia di Wilayah Selat Malaka Menurut Hukum Laut Internasional Maulidya Yuseini; Dian Rachmawati; Fransiska Yuardini; Hafidh Lukmam Syaifuddin
Lentera Hukum Vol 5 No 3 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i3.7731

Abstract

The dispute settlement between Indonesia and Malaysia in the Malacca Strait started with the unilateral claims of both countries. The prevailing unilateral claims resulted in the area of Exclusive Economic Zone in the Malacca Strait overlap. The United Nations Convention on the Law of the Sea (UNCLOS) 1982 is the existing International Law of the Sea and both countries, Indonesia and Malaysia, ratified to this Convention. The purpose of this article is to find out how to resolve the sea border disputes between Indonesia and Malaysia in the Malacca Strait under the International Law of the Sea. In the end, this article is also aimed to provide a narrative to the factors underlying the existing maritime border dispute. Keywords: Disputes Settlement, Malacca Strait, Overlapping
Tindak Pidana Kelalaian Menyebabkan Luka yang Dilakukan oleh Dokter Gigi: Analisis Putusan Nomor: 257/Pid.B/2015/PN.Dps Selly Ismi Qomariyah; Y.A Triana Ohoiwutun; Sapti Prihatmini
Lentera Hukum Vol 5 No 3 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i1.6761

Abstract

There is a substantial difference between the ordinary crime related to its results and that related to its causes. In order to classified as a crime, the negligence carried out by medical personnel needs to be previously described regarding the fulfillment of the elements of lawlessness. This paper analyzes whether there is medical malpractice and with the following lawlessness in the court decision number 257/Pid.B/2015/PN.Dps. Throughout the analysis, it will provide a comprehension to the qualification of whether malpractice, medical negligence or medical risk. The result of the study finds that such a crime can be qualified to medical malpractice, even though he did not fulfill the nature against formal law but it meets the element of nature against material law. Keywords: Medical Malpractice, Lawlessness, Crime
Sistem Pemidanaan dalam Perkara Pidana Pencabulan terhadap Anak: Studi Putusan Nomor: 535/Pid.sus/2015/PN.Bls Santi Dewi Antika; Fanny Tanuwijaya; Samuel Saut Martua Samosir
Lentera Hukum Vol 5 No 3 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i3.8244

Abstract

As the nation's future generation, children have the right to a protected environment, as a lack thereof endangers their growth. One form of child protection is specifically regulated in Law Number 35 of 2014 on the Amendment to Law Number 23 of 2002 on Child Protection (Child Protection Act). Decency crimes against children as in case Number 535 / Pid.sus / 2015 / PN.Bls, the judge drops Article 82 Paragraph (1) of the Child Protection Act. This article contains two problems, inter alia, the judge's decision in case Number 535 / Pid.sus / 2015 / PN.Bls whether it is in accordance with Article 82 paragraph (1) or Article 81 Paragraph (2) of the Child Protection Law and whether the witnesses are examined in case Number 535 /Pid.sus/2015/PN.Bls complies with Article 171 of the Criminal Procedure Code (KUHAP). This study uses the method of legal research with conceptual approach. The results and conclusions obtained in the writing of this article states that the judge must be more thorough in proving the elements of the article, and examine the witness more carefully to see the provisions of Article 171 of the Criminal Procedure Code. Keywords: Judge's Decision, Molestation, Child
Peran Dewan Kehormatan Penyelenggara Pemilu dalam Menjaga Kemandirian dan Integritas Pemilihan Umum di Indonesia Dyan Puspitasari
Lentera Hukum Vol 5 No 3 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i3.5841

Abstract

Nowadays, Indonesia remains challenged to the barrier in means of transportation, especially in small areas in which it makes arduous the Election Organizers Honorary Council (DKPP) to carry out its duties. Based on Article 25 of DKPP Regulation Number 2 of 2012, one of the facilities provided to DKPP is the implementation of a long-distance trial by video conference. There are a number of challenges faced by DKPP, including the relatively new age so that people do not really know this institution. In addition, the DKPP institution is quite limited to being located only in the capital, while the task of the institution encompasses national jurisdiction. The geographical condition of Indonesia is broad and consists of many areas also make the response to ethics code violations less efficient along with issues of compliance with DKPP decisions. Thus, the role of the DKPP is needed in maintaining the independence and integrity of the organizers of the General Elections (Elections) and ways to strengthen the role of the DKPP in maintaining the independence and integrity of election administration in Indonesia. Keywords: Election Law, Electoral Institution, Independence
Kepastian Hukum Pengaturan Penggunaan Tenaga Kerja Asing di Indonesia Risky Vista Puspitasari; Aries Harianto; Ida Bagus Oka Ana
Lentera Hukum Vol 5 No 3 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i3.6839

Abstract

The 1945 Constitution of the Republic of Indonesia states that every citizen has the right to work and a decent life. As a consequence, citizens have the right to receive salary and fair treatment in employment relations. The state has a constitutional responsibility to guarantee the fulfillment of the right to work of migrant and foreign workers in order to provide protection and legal certainty between them. Meanwhile, the national labor law and government regulations on migrant workers only include professional workers. In fact, foreign workers in Indonesia are not only professional workers but also unskilled laborers. Such paradox emerges after the amendment of the regulation of foreign workers which frees and tightens foreign workers in Indonesia. Keywords: Foreign Workers, Right to Work, Legal Certainty
Perlindungan Hukum terhadap Pencipta atas Pencatatan Suatu Ciptaan yang Sama Riko Sulung Raharjo; M. Khoidin; Ermanto Fahamsyah
Lentera Hukum Vol 5 No 3 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i3.8809

Abstract

Copyright recognizes a declarative system in which the state automatically protects a creation after it was born, without having to be preceded by registration. Article 64 of Copyrights Act Number 28 of 2014 (Copyright Act) confirms the registration, even though it is not a necessity for the creator. This study aims to examine and analyze the legal consequences, forms of legal protection, as well as the future conception of regulations relating to the recording of similar work, by using legal research as its method. The results of the study indicate that the legal consequences on the similar work to the registration, inter alia, the abolition of the power of law for the registration of works, compensation for the creator, and criminal threats. Based on the theory of legal certainty, a provision is a form of legal certainty provided by the Copyright Law. There is a form of legal protection for the creator of the registration of the similar creation, inter alia, the abolition of the power of the law for registering the work by the court, the creator has the right to compensation, and the creator has the right to sue criminally. Based on the theory of legal protection, a provision is a form of protection provided by the Copyright Law. The future conception of the regulation of registration of creation, so that it can provide legal protection against the creator through the renewal related to the addition of authority and procedures in conducting checks for ministers in the case of the registration of creation since it was first realized and announced. Based on the theory of legal certainty and the benefits of law, change and renewal can provide legal certainty and legal benefits for the creator and his creation. Keywords: Creator, Recording of Creations, Same Creations
Tanggung Jawab Pelaku Usaha Pertambangan Rakyat dalam Reklamasi Gumuk Setelah Kegiatan Tambang Ade Lutfi Prayogo
Lentera Hukum Vol 5 No 3 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i3.8201

Abstract

The responsibility in the mining businesses on the post-mining reclamation activities applies to all mining business permits including holders of the People's Mining Permit (IPR). The arrangement of post-mining land reclamation activities for small-scale mining business people on what so-called ‘gumuk’ mining is still not efficient regarding its making and implementation. The legal responsibility of IPR holders in the preparation of planning, implementation, and sanctions depends on regulations made by the regional government. There is a normative gap while there is a lack of guarantee costs for post-mining reclamation due to the absence of mandatory guarantee funds. This is the evidence that there are still many regional governments that have not made regulations on reclamation and post-mining by IPR holders. Therefore, it is necessary to regulate reclamation and post-mining activities for community mining businesses. There is a need to add norms to the implementation rules so that environmental functions can work properly. Keywords: Mining Business, People's Mining Permit, Regional Government
Permohonan Tanah Ulayat di Minangkabau Menjadi Tanah Hak Milik Siti Raga Fatmi
Lentera Hukum Vol 5 No 3 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i3.8291

Abstract

Communal land is an asset owned by customary law communities and jointly managed by members of customary law communities. Customary land in Minangkabau has been recognized in Indonesian law and mentioned in Article 3 of the Basic Agrarian Law Number 5 of 1960 (BAL). This article requires customary laws to exist and corresponding to the current development. In fact, although a communal land in Minangkabau is administered collectively, the later development shows that such a communal land has been converted to the proprietary right by customary law communities due to the demand for legal recognition. BAL states that property rights are hereditary, strongest, and fulfilled rights owned by a person on a piece of land. Since there is no regulation governing the transfer of communal land to land ownership, the customary elders and regional apparatus make procedures for the transfer of communal land with certain conditions. As a result, only certain persons can submit an application for ownership of customary land into proprietary land. Keywords: Communal Land, Proprietary Rights, Basic Agrarian Law
Legitimasi Peraturan Pemerintah Pengganti Undang-Undang dalam Ratifikasi Perjanjian Internasional Tertentu Fitri Lestari
Lentera Hukum Vol 5 No 3 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i3.8097

Abstract

One of the challenges for the state is how it ratifies international agreements. Indonesia has arduous tasks due to its late to ratify international conventions or agreements, even though such international instruments are needed for national interests. Based on Law Number 24 of 2000 on the International Agreement, it is stipulated that the ratification of an international agreement in Indonesia uses two instruments, inter alia laws and presidential regulations. To adhere to this view, the compelling exigency is essential to analyze as it has been a challenge to overcome and anticipate obstacles in the ratification process and there is an importance to set a period of time to the ratification of special international agreements. There is a possibility to use the Perppu or the government regulation in lieu of law to the ratification of international agreements due to its legitimacy equivalent to the law. Keywords: Ratification, International Agreement, The Government Regulation in lieu of Law
Studi Komparasi Hak Waris dalam Hukum Adat dan Islam di Masyarakat Madura Perantauan Desa Jelbuk, Kecamatan Jelbuk, Kabupaten Jember Nur Nafa Maulida Atlanta; Dominikus Rato; Emi Zulaikha
Lentera Hukum Vol 5 No 3 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i3.8242

Abstract

The rules of inheritance customary law are legal norms that regulate how the objects or inheritance are distributed to heirs from generation to generation. Each region is inseparable from the influence of different kinship arrangements, including patrilineal, matrilineal, parental or bilateral. The heterogeneous village of Jelbuk has indigenous tribes, namely the indigenous Jelbuk tribe who was born and settled in Jelbuk Village and the majority are Madurese. In addition, there are migrated Madurese people, where the indigenous Madurese bond with the Jelbuk people so that they finally decide to stay and do inheritance, so that the purpose of the research is the inheritance system and gender. This paper uses an empirical juridical method with the case approach of written customary law (socio-legal) and comparative approach. Keywords: Inheritance, Customary Law, Migrated Madurese

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