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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
Arjuna Subject : -
Articles 227 Documents
 12   13   14   15   16 
Perlindungan Buruh Atas Pemutusan Hubungan Kerja (PHK) Karena Perusahaan Dinyatakan Pailit Wahyudi, Ihsan
Lentera Hukum Vol 2 No 3 (2015): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v2i3.9055

Abstract

Workers are workers who have done work, either working for thenselves or working in a work relationship or under the orders of employer and for their services in working laborers get wages or other forms of compensation. Workers are an inseparable part of national development based on the 1945 Constitution of the Republic of Indonesia. Labor has an important role in the position as national development actors and targets. That is why there must be labor rights stipulated in applicable Indonesian regulations which include protection of labor rights. Some labor rights receive compensation and proper treatment in carrying out work in the company or government agencies. Fulfillment of labor rights that are not fulfilled by these companies often creates employment cases in Indonesia. Especially what happened when the company experienced financial problems, namely bankruptcy by the Commercial Court, which caused the company to face difficulties in fulfilling labor rights and severing labor relations because the company had experienced pailit. Keywords : Worker, Work Termination, Pailit
Perlindungan Hukum Pekerja Penyandang Cacat Menurut Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan Ramadhan, Muhammad Fadli
Lentera Hukum Vol 2 No 3 (2015): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v2i3.6169

Abstract

The understanding of the community for people with whom diffability has always been considered an inability someone physically so that diffability regarded as sick people who always need help and comfort to the aid for both in terms of their education as well as a job. Now the condition is changed in the priesthood there any intervention from the government that very glows amber metal out of the field of labor affairs so that this superior wisdom whose is issued by a government but how much broad, not only legal aspects that deals with a working relationship and calm but before and after a working relationship. This concept in an obscure manner accommodated in act number 13 the year 2003 on manpower regarding. Diffability must be viewed as a social inability that anyone can participate to protect the minorities, of course, the social approach is the main road that could be pursued. Here is required legal protection for diffability people so that diffability people can find a legal certainty that rights for a people with the diffability KEYWORDS: Legal Protection, Workers, People with Dasabilities.
Penjatuhan Talak Terhadap Istri dengan Alasan Tidak Mendapatkan Keturunan Nurfitria, Ida; Susanti, Dyah Ochtorina; Widiyanti, Ikarini Dwi
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.v2i1.20183

Abstract

The imposition of divorce is included in one of the marriage break-ups due to divorce, the divorce should only be made based on divorced reasons contained in the rule of positive law. In this study, the panel of judges gave the stipulation in accordance with the provisions of Law number 1 of 1974 on marriage and the Compilation of Islamic Law. This type of research uses the juridical normative (legal research) that examines legal issues associated with positive law rules, principles, and norms. The conclusion of this study indicates that the imposition of divorce against the wife with the alibi that the wife can not give ancestry can not be an excuse to do divorce. Because of this divorce is granted, based on the judge's reasons for the imposition of divorce due to continuous disputes and quarrels in accordance with the provisions in the Compilation of Islamic Law. Due to the imposition of divorce caused the breaking of marriage among the parties. KEYWORDS: Divorced, The Imposition, Verdict, Law Effect
Competition Law in Asia Srivastava, Ankit; Tiwary, Aditi Richa
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.v8i2.23849

Abstract

The digital economy and multi-faceted markets have significantly contributed to the efficacy of most transactions governing modern humankind. Digital platforms have become an irreplaceable cross-border asset that has acclimatized with technological advancements. However, there is obscurity in the methods of accommodation of digital economy in competition laws of most jurisdictions globally. Consequently, there are ascertainable issues in competition laws of such jurisdictions. Such issues remain unaddressed due to the absence of evaluation parameters of digital platforms in the conventional market system and culminate into an Implicit and undetected abuse of dominance. This study used the doctrinal method by highlighting the distinctness of contemporary digital markets and their consequential issues. This study explicated the issues in the competition that need to be independently addressed, considering the intricacies of digital platforms. The presence of non-price factors, multi-faceted markets, and data-driven networks being the primary source of such novel issues have been particularly explicated. The established premise was substantiated by way of case studies of major events involving factors such as predation, deep discounting, and data privacy. Elucidation of the competition system in most jurisdictions in Asia and the accommodation of digital platforms in the same was also sufficiently enunciated to present a holistic insight to the established premise. Finally, the authors suggested ways to sufficiently address the issues arising from the distinctness of digital platforms, thereby giving rise to a dynamic and all-inclusive competition. KEYWORDS: Digital Markets, Competition Law, Data Privacy.
Omnibus Law in Indonesia: A Comparison to the United States and Ireland Bayu Dwi Anggono; Fahmi Ramadhan Firdaus
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.v7i3.19895

Abstract

Recently, omnibus law has become a critical discourse in Indonesia, both academically and practically. This discourse emerges from the relatively fast drafting and ratification of the Job Creation Law. This law's formation uses the omnibus law method because it contains many laws' substance into one law. One of Indonesia's fundamental issues is the absence of rules, methods, and techniques for forming the omnibus law. On the other hand, the techniques and methods of forming these omnibus laws have been practiced in various countries to accelerate the legislative process and organize regulations. However, public participation becomes one of the fundamental shortcomings to draft the legislation under omnibus law. This article aims to review and compare the omnibus law concept applied in selected countries, referencing the United States and Ireland as the model. This article also analyzes how to form the ideal omnibus law by learning from the omnibus law application in other countries that have successfully implemented it first. This study finds that omnibus laws in the United States and Ireland contribute to ushering hyper-regulation symptoms that are vulnerable and hamper economic development. The above comparison needs to be adjusted to the Indonesian context to enact the omnibus law. KEYWORDS: Omnibus Law, Indonesian Law, Comparative Omnibus Law.
Perlindungan Hukum Terhadap Merek Dagang Nature Republic Terhadap Pemalsuan Merek Di Indonesia Lidya Shinta Audina
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.v3i3.10861

Abstract

Legal protection against the Nature Republic trademark against brand fraud based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications can be carried out through brand registration as stated in Article 4, Article 5, Article 6, Article and Article 8 of the Trademark Law. while repressive legal protection is obtained through a lawsuit for the deletion and cancellation of trademark registration where the trademark owner has the right to file the deletion and cancellation of the trademark registration violation, whereby registered trademark holders have the right to bring the dispute to criminal law based on article 101, article 101, article 102 and article 103 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications as a complaint offense. The thing that happened in the Nature Republic brand can be said as an act of brand fraud because brand counterfeiting occurs when a fake product or a lower quality product is attached to a well-known brand. Therefore, Nature Republic brand owners request that companies that have used the Nature Republic brand without their permission to stop all production activities of goods and withdraw all of their production items that have been on the market. KEYWORDS: Legal Protection, Brand, Dispute Resolution Efforts.
Hak Waris Anak Perempuan Menurut Hukum Adat Samin, Desa Klopoduwur, Kabupaten Blora Kholilah, Iin Nur; Rato, Dominikus; Yasa, I Wayan
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.v2i2.20301

Abstract

The samanic society that adheres to Adam's religion that has the principle of honesty, all religions to them equally well. The samin are convinced of a belief in the laws of nature and the law of karma. The people of samin use the title of inheritance instead of inheritance, and in sharing the inheritance of the samin community using the parental system only they do not always know the relationship of blood or the upper generation after the grandparents because they assume that all children are descendants of adam who have rights and obligations same. While the process of dividing the inheritance of the samin community does not distinguish the religion held by its descendants as long as it does not contradict the main points of the teachings of samin, in the division of inheritance as long as the parents are alive to avoid disputes. The author is interested to examine more about the division of inheritance, especially the part of girls in the community of samin, precisely in the village Klopoduwur, Kabupaten Blora. KEYWORDS: Rights of Inheritance, Girls, Samin Customs
Legal Aspects of Cooperatives’ Issuance of Products to Non-Member Communities in Indonesia Adristi, Dhia Novita; Gultom, Elisatris; Faisal, Pupung
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.v8i2.21783

Abstract

Regulations of savings and loan cooperatives allow cooperatives to collect funds, resulting in the chance of issuing products to non-member communities. This study aimed to analyze the practice of issuing products to non-member communities by cooperatives. By highlighting the principle of membership as the specialty of cooperatives in Indonesia, it argued that issuing products to non-member communities is a deviation of cooperative's business activity. It accounted for the cooperative regulations, objectives, and principles of membership in cooperatives to the practice of issuing products to non-member communities that deviate from statutory regulations does not arise. The study used legal research derived from secondary data, among others primary legal materials, secondary legal materials, and tertiary legal materials. This study showed that the practice of issuing products to non-member communities is a deviation from statutory regulations, objectives, and membership principles in cooperatives. In the meantime, cooperatives while maintaining their identity requires all cooperative actors, the government, and the general public in preventing and following up on savings and loan cooperative practices that eliminate membership rights for service users. KEYWORDS: Cooperative Law, Cooperatives in Indonesia, Economic Democracy.
Examining Recall of the House Member: How Does It Impact on Eradicating Corruption in Indonesia? Jayus Jayus; Muhammad Bahrul Ulum; Moch. Marsa Taufiqurrohman
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.v7i1.14434

Abstract

This study aims to discuss the existing contentious recall policy that becomes the legitimate reason to replace or retire the House member proposed by political parties. The discussion also examines to what extent recall, in practice, whether it enables the promotion of Indonesia's anti-corruption agenda. Through the recall, political parties can withdraw their members in the House, either in the form of dismissal or changing positions before the end of the term of office of members who sit in the House of representatives. This study finds that the existing recall policy impedes democracy and negates how to eradicate corruption in Indonesia. As a result, the current policy needs an option to ensure that recall will work as it is expected. Therefore, this alternative should include constituents to propose recall, which will disrupt the existing parties' domination, resulted in a more participatory system, and it reflects the more reciprocal ways to link people, parties, and the House in Indonesian politics. The judiciary's role is another essential aspect to highlight, in which the process and settlement of the recall may involve the Constitutional Court as the hub of the political and constitutional settlement. KEYWORDS: Indonesian Democracy, Anti-Corruption Agenda, Recall Policy, Political System.
Developers’ Data Protection in the Open-Source Application with the Copyleft License Serfiyani, Citi Rahmati; Yustisia Serfiyani, Cita; Hariyani, Iswi; Tharifah Arsari, Devina
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.v8i1.21012

Abstract

Copyright protection of digital products in an open-source system has led to the emergence of copyleft against copyright. Copyleft licenses in open-source serve to impose limits on creations to protect creators' moral rights. At the same time, personal data protection is one part of personal rights amidst the advent of information technology. The development of copyleft products and licenses that usually take place online can potentially lead to violations that harm application developers’ personal data. This paper aimed to characterize copyleft as an antithesis of copyright and analyze legal protection on the open-source application developers' personal data. Using legal research, this paper showed that open-source licenses could consist of two categories. First, non-copyleft licenses in the form of permissive licenses, included in the software under it and are subject to copyright. Second, the copyleft license, which required licenses to modify and distribute copyleft products. This open-source license adopted a form of a standard contract and personal data protection in copyleft products through open-source sites were using a preventive and repressive way. This paper recommended a copyleft-based legal protection mechanism and creators' data by considering the comparative aspects of the copyleft and copyright concepts' characteristics to respect moral rights. KEYWORDS: Personal Data Protection, Indonesia’s Copyright Law, Copyleft License.

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