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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 11 Documents
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Search results for , issue "Vol 6 No 1 (2019): LENTERA HUKUM" : 11 Documents clear
Kebijakan Kepemilikan Rumah Susun di Indonesia Febriani, Ayu Fitria
Lentera Hukum Vol 6 No 1 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i1.8286

Abstract

In the concept of agrarian law, it is not something new anymore that the land is getting less and less while the human need for land increasingly day increases. This is what makes the government then make a policy in the construction of housing in the form of horizontally building homes to save land called flats. The development of the flats is expected to meet the needs of the community will be a place to live and can improve the quality of life of the community. but over time, in perkembangnnya development of flats is also not free from various problems. This article examines the legal certainty of the ownership status of apartment units, not only from the land ownership aspect in which the high rise is built, but also includes the initial publication of the master certificate issued on behalf of the developer for the first time. Developers as business actors in trust by the government to get the first certificate of a development of flats, this often affects the inhabitants of apartment units. Although each resident of a flats unit may own / hold property certificates of units from separate flats between joint and individual sections, sometimes ownership status with a title certificate also can not protect the inhabitants of various disputes. Therefore, to minimize the occurrence of disputes, legal certainty becomes important to protect the parties concerned so as not to harm each other. Legal protection in such cases can be done by means of preventive law protection and repressive law protection.
Perlindungan Hukum Mitra Ojek Daring di Indonesia Mawanda, M Kharis; Muhshi, Adam
Lentera Hukum Vol 6 No 1 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i1.9203

Abstract

As one of the countries with the highest population density in the world, the opportunity to work in Indonesia is not directly proportional to its population density so that the number of unemployed is still relatively high. The development of technology has entered in business and it is seen as an alternative with its emergence of the online transportation service providers such as Go-Jek. In the case of partnership agreements used by partners with Go-Jek, partners as parties that have weak bargaining power while Go-Jek has strong bargaining power. From a legal standpoint, the main problem is the absence of legislation that clearly regulates online motorcycle taxis and partnership agreements between partners and Go-Jek. Therefore, it is necessary to analyze the online motorcycle taxi, and the legal protection aspects against partners based on partnership agreements and legal remedies in the event of a dispute in the implementation of the partnership agreement. With doctrinal research, this article argues that the partnership agreement is an agreement on innominaat so that in its implementation it should not conflict with the laws and regulations on it. The results of the study indicate that online motorcycle taxis have not yet been regulated in Indonesian laws and regulations, the partnership agreement has not provided legal protection for partners and in the event of a dispute, there can be legal action in accordance with the partnership agreement clause. Keywords: Legal Protection, Partnership Agreement, Online Taxi.
Perlindungan Hukum terhadap Notaris yang Beritikad Baik Membuat Akta Jual Beli Saham dalam Kasus Tindak Pidana Pencucian Uang Rahmat, Andi Muhammad
Lentera Hukum Vol 6 No 1 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i1.9669

Abstract

This study discusses the legal protection against a notary who has good faith to make the contract of sale with stock in this case of criminal money laundering. To this extent, the study examines the legal protection for notaries who are eligible to be victims from the money laundering cases caused by user services. This study uses normative legal research with statute, philosophical and historical approaches. This study finds that legal protection for notaries referred to Articles 66 and 66A of the Notary Act is essentially tended to internal or administrative measures. Nevertheless, notaries have verschoningsrecht or the right to renegade, another instrument for legal protection in undertaking the Notary Act. The legal protection concept for notaries with the determinate profession on the informant side has been determined limitedly under Article 17 paragraph 1 of the Money Laundering Act. Keywords: Construction, Legal Protection, Notary, Money Laundering
Model Kontrol Keimigrasian dalam Mencegah Tindak Pidana Terorisme di Indonesia Citrawan, Harison; Nadilla, Sabrina
Lentera Hukum Vol 6 No 1 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i1.9819

Abstract

This article attempts to elaborate an immigration control model that is capable in preventing terrorist activities in Indonesia. By observing several terrorism case-laws, this study draws a nexus between terrorism and several aspects within immigration, including passport issuance, border control, foreigner surveillance, and visa and entry permit issuance. Technically, in relation to such a nexus, this study finds that the current immigration control model is built upon three elements of duty: namely intelligence, surveillance, and border control. In principle, these three elements ought to be executed as an interconnected cycle. Consequently, a preventive control model should be circular, in the sense that any activities between elements of duty cannot be separated from one another. In order to become an established terrorism prevention mechanism, this control model requires information and data exchange amongst the immigration units. Moreover, any involvements from other institutions, such as police, BNPT, BIN, and NCB-Interpol are also preconditioned to ensure the efficacy of the circular model. Keywords: Immigration, Control, Terrorism
Menimbang Kewenangan DPR dalam Penggunaan Hak Angket Pada Kasus Korupsi KTP Elektornik Firdaus, Fahmi Ramadhan; Anggono, Bayu Dwi
Lentera Hukum Vol 6 No 1 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i1.9545

Abstract

In Indonesia, the control function of the House of Representatives (DPR) includes interpellation rights, inquiry rights and the right to express opinions. In 2017, the DPR's inquiry rights to the Corruption Eradication Commission (KPK) were considered unconstitutional because the law did not include the KPK as the object of the inquiry mechanism. However, the Constitutional Court (MK) in Decision Number 36 / PUU-XV / 2017 defined KPK as an executive so that this institution can be monitored through the inquiry mechanism. This court's decision, however, contradicts to the four previous decisions which classified KPK as an independent institution. This article examines the validity of the DPR's inquiry rights to the KPK by considering the DPR's inquiry rights as a form of a mechanism for mutual checks and balances to the other state institutions. In practice, there are both formal and material rules that must be fulfilled so that their implementation is legally valid and the DPR's inquiry rights to the KPK in cases of the electronic KTP corruption ignore these conditions. This article recommends that the DPR be careful when using inquiry rights as a monitoring mechanism. Keywords: Inquiry rights, House of Representatives, Corruption Eradication Commission
Formulasi Korporasi sebagai Subjek Hukum Pidana dalam Regulasi Lingkungan Hidup di Indonesia Mujiono, Mujiono; Tanuwijaya, Fanny
Lentera Hukum Vol 6 No 1 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i1.9590

Abstract

The existence of human life is extremely dependent on the environment, and the environment has provided free various needs for humans, which is an absolute requirement so that humans can maintain their lives. Environmental problems are essentially human ecological problems and environmental problems arise as a result of environmental pollution. This is an element of many negligence errors committed by companies or legal entities that operate, including the element of deliberate and negligent use of environmental law through Law No. 32 of 2009, concerning Environmental Protection stated in Article 116 UUPPLH. Corporate liability in environmental crime is the subject of discussion in cases with the decision register number No.1405K / Pid.Sus / 2013, namely PT. KARAWANG PRIMA SEJAHTERA (PT. KPSS), which is engaged in the metal, steel, and export-import aluminum and trade industry. In its location, PT KPSS produces Aero Slag waste from iron and steel smelting, bottom ash waste and fly ash obtained from the burning of coal in power plans. The criminal responsibility of environmental crimes is also carried out by PT KALISTA ALAM, which operates in the fields of plantation, industry, supplier, and shipping in the oil palm business. In its violation, PT KALISTA ALAM has opened land by burning it, which is carried out continuously to expand oil palm cultivation/ In the verdict, No. 131 / Pid.B / 2013 / PN.MBO, the company was charged for committing environmental crimes. Keyword: Environmental Pollution, Environmental Crime, Criminal Accountability
Juridical Analysis on the Criminal Act of Online Shop Fraud in Indonesia Karo Karo, Rizky; Sebastian, Agnes
Lentera Hukum Vol 6 No 1 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i1.9567

Abstract

The development of technology has led to the sales and purchases of products and services online. However, the absence of a physical store prevents the prospective buyers from physically assessing the quality of the product/service. This leads to the emerging issue of online shop fraud. This paper aims to analyse the scope of online shop fraud within Indonesian laws and regulations, as well as the legal enforcement by Indonesian authorities to eradicate online shop fraud. This research uses the normative juridical method, which utilises secondary data such as books, journals and relevant legal products. This research finds that the Criminal Act of online shop fraud is regulated under Article 28 paragraph 1 of Law Number 11 Year 2008 following its amendment to Law Number 19 Year 2016 on Electronic Information and Transaction. The current efforts for legal enforcement of online shop fraud is performed in both preventive and repressive manners. Keywords: Online Shop, Fraud, Cybercrime
Hak Pilih Penyandang Disabilitas dalam Pemilihan Umum di Indonesia Rahman, Moh Syaiful; Indrayati, Rosita
Lentera Hukum Vol 6 No 1 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i1.8182

Abstract

The birth of Law No. 7 of 2017, as compared to Law No. 42 of 2008 about the General Election of President and Vice President, includes a difference in Article 5. The requirement in Article 5 is not followed by an explanation of what are the requirements that must be fulfilled by persons with disabilities, and there is no mention of the requirement so as to raise the question of such requirements are contradictory to the 1945 Constitution of the State of the Republic of Indonesia more specifically those requirements are contradictory or not with Law Number 39 of 1999 Article 43 that every citizen has the right to be elected and elect in elections based on equality of rights through voting in accordance with the provisions of legislation. The research used for preparation of this thesis is juridical normative.This research uses legislative and analytical approaches. Persons with disabilities enrolled in the Special Electoral List may empower persons with disabilities to exercise their suffrage. Keywords: Suffrage, Disability and General Elections
Good Selling Buying Agreement and Legal Protection for Sellers Eleanora, Fransiska Novita; Sari, Andang
Lentera Hukum Vol 6 No 1 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i1.9833

Abstract

The concept of the agreement is accorded to Article 1313 of the Civil Code (KUHPdt). According to the Civil Code, what is said as an act is an agreement with one person with another person and can be said more and in mutual binding. The scope of the agreement is too broad, including the marriage agreement regulated in the field of family law. A unilateral agreement is an agreement that is not allowed which is indeed not only coming or popping up from various parties or parties, and also not permitted between the two or the other parties. In the agreement there should be an element of binding to each other, meaning that the party from the other agreement maker can always tie themselves to the other party and the other party also binds themselves to those who are different or different. The agreement is evident between the two parties. Without stating the purpose in an agreement by the parties that make the agreement and for what the agreement was made, moreover the contents of the agreement are unclear and prohibited by law. This study uses a research method that is literature study where by referring to literature or books and the rules of existing or normative legislation. The results achieved are then it can be said that the agreement is null and void. According to these reasons, the concept of agreement can be formulated with an agreement in which in the field called assets occurs something or things and material things that are mutual to always bind themselves from the seller or buyer to implement the agreement. Agreements that have been implemented must be carried out in accordance with the rights and obligations of each party and there is no default or negligence in carrying out their obligations so that they can be said to have good intentions in the agreement. Keywords: Legal Protection, Seller, Good Faith
Kepastian Hukum dalam Pasal 112 dan 127 Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Resnawardhani, Fitri
Lentera Hukum Vol 6 No 1 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i1.8978

Abstract

Narcotics are commonly used for the world of health. Along with the times, the use and development of narcotics are increasing, no longer for health services. In Law Number 35 of 2009, concerning narcotics, there are many articles that discuss multi-interpretations. Among them include Article 112 and Article 127. This article tries to understand whether Article 112 and Article 127 have provided legal certainty against the Protecting and Fighting of Narcotics Borders, as well as discusses the policy formulation of ius constituendum on the protection and overcoming of narcotic acts. The type of research used is normative juridical, namely legal research, that establishes laws as a building system of norms. Article 112 and Article 127 of the Narcotics Law have not provided legal certainty, because the article editorial still contains multiple interpretations and meanings. Article 112 stipulates not to sell and circulate the editorial. This article ends with a suggestion to add to the article provided in Article 112. Keywords: Narcotics, Narcotics Abusers, Actors of Narcotics Crime

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