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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
Arjuna Subject : -
Articles 227 Documents
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Theoretical and Conceptual Reflection Regarding Corporate Criminal Responsibilities Influencing the Formulation of Laws Fitriani Rahmadia
Lentera Hukum Vol 7 No 1 (2020): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v7i1.14297

Abstract

In Indonesia, the development of the corporation as the subject to criminal acts takes place outside the Criminal Code, regulated in special legislation. While the Criminal Code itself still adheres to the subject of criminal acts in the form of people, the corporation (juridical person) appears as a subject that can commit a crime and should also be accountable in criminal law. However, this condition has not been realized concretely in our Criminal Code. The formulation policy regarding corporate criminal liability for victims of corporate crime that exists or is currently in force has not been able to realize the corporate criminal liability. Although there are sanctions that can be imposed on corporations, most of these provisions only protect potential victims and are not responsible for actual or real victims. In other words, the current formulation policy has not been able to ensnare and impose criminal sanctions on corporations who commit crimes, especially criminal sanctions which are oriented to the fulfillment or restoration of victims' rights in the form of compensation payments after the crime. This paper will discuss the position and the responsibility of the corporation as a subject of criminal law in Indonesia and analyze policy formulation of the Criminal Code and the draft of the Criminal Code that related to corporate responsibility as a legal subject. Keywords: Corporate Criminal Responsibilities, Criminal Law, Corporate Responsibility.
Rekonstruksi Pendistribusian Produk UMKM Guna Percepatan Daya Saing Menuju Masyarakat Ekonomi ASEAN Santoso, Dimas Bagus; Fikriyah, Alifatul; Sholihah, Jamilatus
Lentera Hukum Vol 2 No 1 (2015): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v2i1.16913

Abstract

Micro, Small, and Medium Enterprises (MSMEs) are a form of business consisting of micro, small and medium enterprises. The state is to increase national economic development by optimizing the existence of MSMEs as local businesses. UMKM can become the main guard in facing global competition, especially in the competition of the ASEAN Economic Community (AEC). The implementation of the AEC which opens trade flows freely as possible can provide opportunities for MSMEs to distribute their products freely, but the distribution conditions of MSME products are currently constrained by traditional and hereditary work patterns because MSMEs only focus on making products without mapping market strategies. The current distribution is still experiencing several problems, mainly related to weaknesses in obtaining market opportunities and expanding market share and the limitations of cooperative business networks between small entrepreneurs. Therefore, it is necessary to reconstruct the distribution of UMKM products to build MSMEs into the independent, quality, and highly competitive business actors. The reconstruction was realized based on the theory of legal systems according to L. Friedman, namely legal substance, legal structure, and legal culture. Legal substance is manifested by the revision of regulations to accommodate the distribution reconstruction. The legal structure is embodied by the formation of the Coordination Agency for the Distribution of Business Products, and a legal culture which is manifested by the formation of a new culture in the process of distributing UMKM products. KEYWORDS: MSMEs, Economic Competitiveness, ASEAN Economic Community
Regulating Pet Insurance in Indonesia Ermanto Fahamsyah; Iswi Hariyani; Ance Rimba
Lentera Hukum Vol 7 No 1 (2020): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v7i1.11370

Abstract

Nowadays Indonesia has not had a regulation on pet insurance. Meanwhile, in practice, there already are some pet insurance products. This gap has led to pet insurance policies that are only being based on general contract regulations and principles. One of the general contract principles is the consensual principle which is outlined in Article 1320 paragraph 1 of the Civil Code. The research of this paper is conducted based on pet insurance regulations, principles and norms application. It concludes that pet insurance policies that are being based only on the consensual principle have binding legal force as regulated on Article 1338 of the Civil Code. The conception of pet insurance in Indonesia subsequently should refer to the Ministerial Regulations, such as the Regulation of Minister of Agriculture Number 40/Permentan/SR.230/7/2015 regarding Agriculture Insurance Facility and also other supplementary regulations. Keywords: Pet Insurance, Insurance Law, Insurance Contracts.
Formulation Policy Regarding the Smuggling of Lobster Seeds in Indonesia Ayu Izza Elvany
Lentera Hukum Vol 7 No 1 (2020): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v7i1.16916

Abstract

This paper analyzes how formulation policy of lobster seeds smuggling regulated in Indonesian law to optimize the effectiveness of illegal fishing enforcement, considering penal policy is the basis of criminal law operationalization. This research uses both statute approach and conceptual approach as legal research methods to analyze the issued legal problem. Fishery law in Indonesia regulated in Law No. 45 of 2009 amending Law No. 31 of 2004 concerning Fishery, especially Articles 88 and 16 paragraph (1) which cover the formulation policy of lobster seeds smuggling enforcement. This study will be analyzed into three aspects which are the conduct (the criminal offense), criminal liability, and sentencing system. The result shows that law enforcement regarding the smuggling of lobster seeds in Indonesia is ineffective due to the nonexistence of corporate criminal liability in the fishery law and its sentencing system is lack of both the specific minimum penalty regulation and the penal measures as criminal punishment. However, the draft of the fishery law has already set corporate criminal liability; hence it also regulates the penal measures, in the form of secondary sanctions. Nevertheless, instead of enacting the specific minimum penalty, the draft only determined the maximum penalty as well. Keywords: Formulation Policy, Fishery Law, Lobster Seeds Smuggling.
Living Constitution in Indonesia: The Study of Constitutional Changes Without A Formal Amendment Muhammad Addi Fauzani; Nur Aqmarina Deladetama; Muhammad Basrun; Muhammad Khoirul Anam
Lentera Hukum Vol 7 No 1 (2020): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v7i1.13953

Abstract

The discussion regarding the living constitution in Indonesia has been increasingly important. The importance of this discussion deals with to the extent it has developed, particularly after Indonesia's constitutional amendment from 1999 to 2002. The current study of constitutional change in Indonesia, as a result of the constitutional amendment during Reformation, adds an emphasis on its change without a formal amendment. Thus, this paper will discuss the urgency of enforcing the amended 1945 Constitution in the lens of the living constitution and how to uphold it through the living constitution. This study uses doctrinal research and, in examining the case, it uses the statutory and conceptual approaches. The result of the study shows that the urgency of upholding the constitution through the living constitution relies on the concept of the living constitution that can dynamize the 1945 Constitution. In response to difficulties to formally amend the 1945 Constitution that depends on political will and rigid juridical condition, there should be a shift in the method of interpretation of the constitution by the Constitutional Court judges, from originalism to the living constitution. The enforcement of the 1945 Constitution through the living constitution can apply the constitutional convention and the interpretation by constitutional judges. This study suggests that the Government and the House of Representatives and other relevant state institutions can use the living constitution, by taking into account the constitutional convention is a source in the organization of the state to patch up the weaknesses of the constitution. Keywords: Living Constitution, Constitutional Changes, Formal Amendment.
Transparency Regarding the Tax Avoidance in Indonesia: A Philosophical Review Yudi Yasmin Wijaya; A’an Efendi; Fanny Tanuwijaya; Nilna Aliyan Hamida
Lentera Hukum Vol 7 No 1 (2020): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v7i1.11759

Abstract

Tax avoidance has become a significant problem that adversely impacts the state's financial system, and its impact can obstruct the state, resulting in distrust of the government. The distrust towards the government, generally due to the reason for tax avoidance. Tax avoidance is fundamentally people's awareness of economic democracy. In Indonesia, the current discussion refers to the Tax Procedure Act, specifically regulates the obligation of the taxpayer, but limiting the rights of taxpayers. It becomes a crucial problem of transparency as part of social rights. Although the activities indicate, democracy practice but other critical challenges affect its implementation. The state, as a people's forum, has an unrealized purpose and has the potential national disintegration. The potential of disintegration forms transparency in the taxation system. Transparency in the tax management can provide accountability between the government and citizens to maintain the effectiveness of tax administration. Using transparency in the taxation system is an excellent solution for a democratic economy. By using doctrinal research, tax transparency has aspects of being balanced to realize the welfare of the country. Balancing the features of the taxation system requires the right transmission to achieve the country's purpose for people's welfare. Keywords: Transparency, Tax Avoidance, Tax Law.
Konsep Penahanan dalam Sistem Hukum Indonesia Al Farizi, Dizar
Lentera Hukum Vol 3 No 1 (2016): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v3i1.16877

Abstract

Detention is one of the forced efforts to enforce the law known in the criminal justice system, also, to arrest, search, confiscation, and wiretapping. The absolute authority possessed by law enforcement officials to detain a person suspected of committing a criminal act with the threat of a certain penalty makes detention very easy. Even though detention can be carried out, it must be carried out solely to examine the criminal case itself. Detention itself is an addition to an examination of a criminal case. The detention "can" be carried out against any suspect so that it is not an obligation to be carried out even if the criminal act suspected meets the requirements for detention. The protection of a person's civil liberties, especially concerning the legal process, will greatly depend on the clarity and detail of pretrial detention policies. Guarantee and protection of human rights in criminal procedural law rules have a very important meaning because most of the processes in this criminal procedural law lead to human rights restrictions such as arrest, detention, confiscation, search, and punishment which in essence are restrictions. HAM. KEYWORDS: The Concept of Detention, Indonesian Legal System.
Corporation's Criminal Liability in Indonesia: A Response to the Weak Enforcement of Corporate Social Responsibility Syukri Kurniawan; Hari Sutra Disemadi
Lentera Hukum Vol 7 No 2 (2020): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v7i2.16754

Abstract

Corporate Social Responsibility (CSR) is a corporate commitment to contribute to sustainable economic development by focusing on the balance between attention to economic, social, and environmental aspects. This paper argues that corporations are subject to criminal law, which can be subject to criminal liability if they do not carry out CSR obligations. This study aims to find out the linkage of sanctions arrangements and the urgency of regulations on criminal liability if the corporation does not carry out CSR obligations. In practice, CSR is only based on corporate awareness and commitment. In the meantime, CSR enforcement's most basic weakness is the absence of strict sanctions for corporations that deny CSR, especially in terms of criminal sanctions. Instead, the sanction is limited to administrative as set out in Act No. 25/2007 on Investment, with a lack of legislation governing criminal sanctions against CSR prevention. In so doing, there is a need to introduce sanctions against corporations that deny CSR, by taking into account adverse impacts to the environment and community. KEYWORDS: Corporate Social Responsibility, Criminal Liability, Corporations.
Outlining Gay's Right to Health in Jember, Indonesia: Challenges and Opportunities Dewi Rokhmah; Khoiron Khoiron; Ristya Widi Endah Yani
Lentera Hukum Vol 7 No 2 (2020): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v7i2.17361

Abstract

Increased HIV prevalence in gay populations is a warning that needs to get government attention. AIDS prevention programs in gay populations have been implementing various methods to change high-risk behavior. However, HIV prevalence in gay populations continues to rise. The Indonesian Constitution affirms human rights, including the right to life, the right against discrimination, and other fundamental rights protected by the state. The research results showed that the fulfillment of the right to health in gay is not going well or less effective. It was evidenced by the percentage of gay that reaches out to health services was still limited. Gays were reluctant to access health services because of the lack of confidentiality and privacy of the services of health workers, the general public, and the limited facilities. Besides, stigma and discrimination are still often received both from health workers and families and communities. They worried other gays would know the result of the test of VCT. There is a need for standardization of services at all subdistrict health centers and hospitals providing VCT services for gay in Jember. KEYWORDS: Constitutional Rights, Human Rights, the Right to Health.
The ISDS Mechanism and Standards of Protection in the Investment Treaty Pandu Rizky Putra Pratama; Prita Amalia
Lentera Hukum Vol 7 No 2 (2020): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v7i2.17348

Abstract

International investment activities require legal certainty for investors. While the host country also needs legal certainty related to state sovereignty, legal protection is needed for investors and the host country to realize legal certainty in investment activities. Countries in the world entered into investment agreements to provide legal protection for investment activities. In investment agreements, generally, there are requirements to comply with the national law of the host country to get protection from investment agreements. This study aims to review the implications of not fulfilling the obligations in the investment agreement to apply the benefits contained therein, specifically regarding ISDS mechanism and protection standards. This study finds that the impact of the non-fulfillment of these obligations on the ISDS mechanism depends on the admission clause specified in the Bilateral Investment Treaty (BIT). On standards of protection, it refers to general principles of international law and arbitration decisions, investments that violate these obligations do not receive international legal protection. This research suggests the Indonesian Government tighten the admission clause in the BIT to prevent investors from using the ISDS mechanism in the BIT and to specify the impact of violating obligations to comply with the national laws of the host country. KEYWORDS: International Investment Law, Standards of Protection, Bilateral Investment Treaty

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