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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 227 Documents
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Challenges for Teacher Profession in Contemporary Indonesia: A Regulatory Analysis Saru Arifin
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.v7i2.17718

Abstract

The Indonesian government shows the commitment to include teachers as a noble profession by enacting the Act on Teacher and Lecturer in 2014. This Act outlines and protects the teaching profession so that teachers are expected to be able to work safely and comfortably in carrying out their professional duties. However, the way to strengthen this teacher profession does not respond to many cases resulting in teacher insecurity and discomfort in carrying out the profession. Teachers often experience various considerable threats of violence and intimidation from students, parents, and community members. This paper will discuss the legal protection for teachers in carrying out their profession. The discussion includes the factors that often cause teachers to face criminal limits and strengthen legal protection for teachers in carrying out their noble profession. KEYWORDS: Legal Protection, Education, Teacher Profession.
The Scientific Principle of Food Safety in the Agreement on Sanitary and Phytosanitary Measures Yusuf Adiwibowo
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.v7i2.17805

Abstract

Sanitary and Phytosanitary (SPS) is a procedure to protect human, animal, or plant life or health set in Article XX(b) of the General Agreement on Tariffs and Trade (GATT). This Agreement authorizes the government to arrange a policy, but this domestic measure often results in a trade dispute. Therefore, this study enquires to extent measure on the scientific principle in food safety comply with Article XX (b) GATT. In the context, each WTO Member State has two options to show that measures of handling problems related to SPS are based on science, as outlined in Article XX (b) GATT must be measured by the scientific principle. First, actions can be based on international standards so that each member state must adopt the Codex Alimentarius Commission. Second, actions can be based on Scientific Risk Assessment. SPS Agreement recognizes states' right to maintain standards that are more stringent than international standards, or because international standards do not exist. The relevant scientific principle are useful for measurable events with scientific information beforehand so that the existing measures can guide the state's policy. In vice versa, members may temporarily determine sanitary or phytosanitary actions based on available information. KEYWORDS: Scientific Principle, Food Safety, SPS Measures, WTO.
Corporate Criminal Liability Against Biological Natural Resources and Ecosystems Jazau Elvi Hasani
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.v7i2.17047

Abstract

Indonesia has various natural resources, including a diversity of natural and biological wealth. Article 33 paragraph (3) of the 1945 Constitution outlines that the state should control natural resources for national prosperity. In the context, biological natural resources can appropriately situate with the conservation effort so that the government plays a vital role in maintaining biological natural resources and their ecosystem. The development of biological natural resources and their ecosystems is essentially an integral part of sustainable national development, and efforts to conserve biological natural resources and their ecosystems are realized by analyzing and evaluating the existing legislation. This paper aims to discuss the corporate criminal liability in Indonesia in the conservation of biological natural resources and their ecosystem. Then, it suggests the possible revisions regarding the biological national resources laws. Revision of the Act on the conservation of biological natural resources has started since 2018 as it is prioritized under the national legislation program. As the revision put the crucial part of the legal creation, the protection of biological natural resources and their ecosystem becomes the government's primary concern because the existing regulation still has no deterrent effect. KEYWORDS: Corporate Criminal Liabilities, Biological Natural Resources and Ecosystems, Crime.
Gender Analysis in Indonesia's Legislation Regarding Political Laws Erlina Erlina; Nika Normadilla
Lentera Hukum Vol 7 No 3 (2020): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v7i3.20117

Abstract

This paper examines Indonesia's current legislation on politics, inter alia, Political Parties Law, Election Law, and Parliament Law, by using gender analysis. This paper considers how these laws ensure equitable access, participation, control, and benefits for men and women. Under the justice and gender equality approach, these laws are not optimal, especially under the control and benefit indicators. In this context, Political Parties Law contributes more to the indicator of access, while Electoral Law provides access and participation indicators. At the same time, Parliament Law is expected to contribute the most to the control and benefit indicators. However, it is regrettable that Parliament Law does not comply with these two indicators. Also, the Constitutional Court's interpretation was not followed in a series of legislative revisions of Parliament Law. Therefore, the gender approach in the legislative revision of these three laws should be encouraged to benefit from social life with more just and non-discriminatory. It should also provide equal opportunity for every citizen to gain access, participatory rights, control, and benefits in development. Hence, it is inevitable to the importance of the government commitment in gender mainstreaming in policy, harmonization, and synchronization of laws and regulations. KEYWORDS: gender justice and equality, political laws, women's representation.
Pelaksanaan Gadai Tanah Pertanian di Desa Gumukmas Kecamatan Gumukmas Kabupaten Jember Agil Nafista Agtihefa Irianto
Lentera Hukum Vol 3 No 3 (2016): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v3i3.8275

Abstract

Law Number 56 PRP of 1960 concerning the Establishment of Agricultural Land Area has regulated how to redeem pawned land. In Gumukmas Village, Gumukmas Subdistrict, Jember Regency the practice of agricultural land pawning is still widely found in the community, this is due to the many factors that cause the people to mortgage their land. Forms of agreement regarding the redemption of pawning are also various following the agreement of the parties concerned. In some areas the pawning agreement is known by several terms, sende is a term of pawning used by Javanese indigenous people. Resale is one of the ways to redeem pawning land that applies in Gumukmas Village, that is, if the landowner cannot pay the pawning to the pawning holder within the time specified in the initial agreement, then the land that becomes the object of the pawn will be sold and the proceeds from the sale land are used to pay the mortgage and if the money from the sale is still left, it will be returned to the landowner. KEYWORDS: Fiduciary, Land, Farm Land, Pawn of Agricultural Land.
Penguasaan Tanah di Kawasan Sempadan Pantai dan Wilayah Pesisir Aghazsi, Shofie Rudhy
Lentera Hukum Vol 2 No 2 (2015): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v2i2.20300

Abstract

Indonesia has large coastal areas that relatively rich in its resources. That’s why the coastal areas including the seashore boundaries are used to define the public interest, industry, tourism, settlements, even the privatization of beaches that brings damage either. Even more, according to the rules about seashore boundaries, it should be free from building settlements. It can make obscurity occupation causes there is no legal certainty for the people who live there. Therefore, it necessary the specific regulation about the occupation of the seashore boundaries include regulation about ownership, occupation, and maintenance. So, it will be arranged systematically. This article examines the regulation and how to do the protection as well as the management of the seashore boundaries and the coastal areas. Based on the study of literature, in practice, the rules of the seashore boundaries and coastal areas are regulated by Law No. 1 the Year 2014 about Changes to the Act No. 27 of the year 2007 about the management of Coastal Areas and The Small Islands. And also arranged by the Presidential Regulation Number 51 the Year 2014 about The Seashore Boundaries. Coastal areas management includes planning activities, utilization, supervision, and control of coastal resources. Whereas, the protection of the seashore boundaries includes prohibition, monitoring, control, also a determination of the boundary limits of the beach to retain its function as a local protection area. This article concludes with suggestions that are maintaining the existence of the seashore boundaries to protect the coastal areas. KEYWORDS: Land Occupation, Seashore Boundaries, Coastal Areas.
Arguments to Apply Constitutional Guarantees in the Private Sector Islam, Md. Toriqul
Lentera Hukum Vol 8 No 2 (2021): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v8i2.24232

Abstract

Constitutional guarantees are such a body of interests or basic human rights which are inevitable for each human being. These rights are principally inherent, inalienable, and universal, and therefore, irrespective of race, sex, caste, color, or religion, everyone can enjoy them. Constitutional guarantees are distinct from all other rights and privileges because of at least two unique characteristics, such as intrinsic in nature, and inalienability. These guarantees are crucial in the state-individual relations, and recognized by major laws of the civilized nations, and often enshrined in the national constitutions. For instance, the US Constitution signifies the essence of these rights through the expression of life, liberty, and the pursuit of happiness. Nonetheless, very often, many citizens across the globe are deprived of these rights on numerous pretends and grounds, and mostly, on the public-private dichotomy. This study examined contemporary legal and philosophical discourses as to whether the constitutional guarantees of human rights apply in the private sectors in Malaysia, India, and the United States. This study used doctrinal legal research methodology with a qualitative approach based on library resources. The findings of this study showed that constitutional guarantees, primarily human rights, are presumed to have been neither created nor made but originated like organic growth. Accordingly, no authority can take them away. By examining various logics from theological to socio-historical points of view and the theory of international law, this study concluded that constitutional guarantees, particularly the equal protection of the law, should apply horizontally to cover both public and private sectors. KEYWORDS: Constitutional Guarantees, Human Rights, Public-Private Sectors.
Death Penalty in Indonesia Salam, Abdul Jalil; Karim, Zahlul Pasha
Lentera Hukum Vol 8 No 1 (2021): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v8i1.20138

Abstract

Historically, Indonesia's death penalty does not originate from religious doctrine but a series of democratization processes agreed upon in the legislation. Amidst these processes, two competing opinions respond to Indonesia's death penalty: the retentionist and the abolitionist. These different approaches to address the death penalty, whether imposed or abolished, result in competing perspectives and arguments in regulatory and practical issues both in the national and international arena. This study aimed to revisit the death penalty discourse in Indonesia that opposes the human approach by assuming that the death penalty violates human rights. The data were analyzed in three steps, among other things, unitization, comparison, and conclusion. This study showed that the death penalty remains relevant to Indonesia despite the long struggle of its rejection. It concluded that Indonesia's imposition of the death penalty is regarded as worth defending, with specific and selective applications. The specific application means that the death penalty is applicable for corruptors, drug dealers, terrorists, gross human rights violators, and premeditated murders. Selective application means that a convict sentenced to death must be proven in court with a level of accuracy considered and accepted in law. KEYWORDS: Death Penalty, Criminal Law, Right to Life, Indonesian Law.
Hakikat Putusan Pencabutan Hak Dipilih Terpidana Korupsi Politik dalam Perspektif Hak Asasi Manusia Handoko Alfiantoro
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.v3i1.18911

Abstract

Corruption is one type of dangerous unconventional crime that need special ways in their handling patterns. One important instrument in the context of law enforcement against criminal acts of corruption is the existence of additional crimes in the form of revocation of certain rights in terms of the right to vote and be elected in elections held based on general rules. Revocation of political rights for convicted political corruption is a form of state intervention against restrictions on human rights in the right to be elected in elections. However, this becomes a problem in the perspective of human rights when the revocation of political rights is done permanently not within a certain period. This article has been prepared using a normative juridical research method through a statute approach, a comparative approach, and a conceptual approach, which aims to critically examine the nature of the Decision on the Revocation of the Selected Rights of Convicted Political Corruption in the Perspective of Human Rights. KEYWORDS: Revocation of Selected Rights, Human Rights, Political Corruption.
Legal Aspects of Artificial Intelligence on Automated Decision-Making in Indonesia Denindah Olivia
Lentera Hukum Vol 7 No 3 (2020): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v7i3.18380

Abstract

This paper analyzes the importance of Indonesia's comprehensive legal framework on automated decision-making empowered by Artificial Intelligence, comparing it to the European Union, the United States, and China. Specifically, this paper inquires about the status quo of the legal protection of automated decision-making In Indonesia. The analysis highlights profiling in an automated decision-making system with the following discussion about personal data protection. In this context, the European Union's member states set out the General Data Protection Regulation (GDPR) that prohibits automated decision-making to a certain extent. In the United States, the practice of automated decision-making is rather usual. Simultaneously, China takes an exceptional measure instead and develops this automation through a social credit system. The analysis concludes that Indonesia has weak legal protection towards personal data and profiling, which later becomes the basis in facilitating automated decision-making. The provision of automated decision-making and profiling is the absolute bare minimum to Indonesia's Personal Data Protection Bill due to insufficient legal certainty. In the end, it is paramount for lawmakers to consider a comprehensive regulation on automated decision-making by adopting the European Union's GDPR framework. KEYWORDS: Artificial Intelligence, Automated Decision-Making, Personal Data Protection.

Page 13 of 23 | Total Record : 227

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