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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 227 Documents
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The Impact of COVID-19 Through the Lens of Islamic Law: An Indonesian Case Mohammad Syahrul RA; Yusuf Hamdika; Sholahuddin Al-Fatih
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.v7i3.18983

Abstract

Coronavirus Disease 2019 (COVID-19), a virus found in China, has spread worldwide as it has become pandemic. As a result, significant and detrimental impacts are undeniable to global citizens, including those in Indonesia. With the government's suggestions like introducing physical distancing and large-scale social restriction, they slow down economic growth. Also, they impact religious practices, particularly those performed by Muslims in Indonesia. This paper will discuss the impact of the COVID-19 pandemic through the lens of Islamic law. There are two main issues to analyze. First, what is the impact of COVID-19 on community activities in the view of Islamic law? Second, what is the impact of COVID-19 on religious communities in carrying out worship? This paper finds that the COVID-19 pandemic has adversely impacted religious worship activities in public places by considering this virus's rapid transmission. It is followed by the closure of worship places to encourage citizens to practice their religious activities at home. Thus, the whole community was urged, and some were prohibited following the mapping zone experienced by each region. Given Islamic law is believed and trusted by Muslims, in the end, the government has issued a new normal policy by opening places of worship with health protocols. KEYWORDS: COVID-19, Islamic Law, Religious Practices, Indonesian Muslims.
Jaminan Konstitusional Hak Politik Warga Negara Indonesia di Luar Negeri Dalam Penyelenggaraan Pemilihan Umum Presiden dan Wakil Presiden 2014 Dani, Dita Mira
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.v2i3.6840

Abstract

The Issues that will be discussed regarding the implementation of constitutional guarantees of the political rights of Indonesian citizens (WNI) abroad in holding the 2014 General Election of the President and Vice President (GEPVP), and analyzing the level of participation of Indonesian citizens (WNI) abroad in holding the General Election of President and Vice President. This paper uses a juridical-normative type, while the research approach used is the constitutional approach and the conceptual approach. The application of constitutional guarantees in the implementation of the 2014 Presidential Election abroad has been guaranteed in the constitution and the Presidential Election Law, however, there are still many Indonesian citizens abroad who have not received their voting rights. This happened due to various weaknesses in the implementation of the 2014 GEPVP abroad, including the problem regarding the multiple Permanent Voters List and the number of Indonesians who were not registered in the DPT. Another problem that was found was the lack of campaign activities abroad which so far only rode on promotional and cultural activities, lack of clarity in socialization activities, regarding ballots via unclear post, and not optimal use of Dropbox. KEYWORDS: Constitutional Guarantee, Political Rights, Indonesian Citizens, General Election of President and Vice President.
Kerja Sama Pemanfaatan Barang Milik Daerah Berupa Tanah Dalam Bentuk Perjanjian Bangun Guna Serah Putri, Elia Cahya; Soetijono, Iwan Rachmad; Kumalasari, Nuzulia
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.v2i2.20197

Abstract

Build Operate and Transfer agreement is the utilization of state property in the form of land by another party by establishing a building and facilities, then utilized within a certain period which has been agreed, for after be handed back the land along with the building or facilities after the expiration of the term. This agreement comes as one of the new development patterns in terms of inviting the private sector to participate in national development and becoming a solution to problems in Indonesia in terms of land and funding. The method used in the writing of this essay is the method of writing normative juridical applying the rules of positive law, in the writing of this essay used several approaches are the approach of legislation, conceptual approach, and case approach. There are three principal in land law that have a role in the implementation of the Build Operate and transfer agreement, there are two ways of acquiring land management rights by investors in Build, Operate and Transfer Agreement, there are through a new concession or bankruptcy auction. KEYWORDS: Build Operate and Transfer Agreement.
COVID-19 Vaccinations and the Right to Health in Indonesia Aziz, Muhammad Rafliansah; Tavares, Muhammad Alfitras; Azhima, Chalisa Jasmine
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.v8i2.23515

Abstract

While the COVID-19 pandemic is far from the end, vaccinations have become an inevitable alternative in combating this pandemic. According to the WHO, COVID-19 vaccines are considered public goods. Consequently, they should be distributed equally to the citizens as the fulfillment of the right to health. This study aimed to analyze how COVID-19 vaccinations in Indonesia have been practiced. Also, it examined the government’s responsibility to ensure that COVID-19 vaccines are distributed equally in reflecting distributive justice by enquiring to what extent the government’s policy on independent vaccination relates to the fulfillment of human rights. This study used a legal research method based on a literature review. This study showed that some aspects of the vaccination are under distributive justice and welfare state. However, the Gotong Royong vaccination policy does not refer to distributive justice and the welfare state, resulting in injustice, discrimination, and economic inequality because it only provides certain privileged citizens access to vaccines. Therefore, the government needs to reconsider the Gotong Royong vaccination, focusing on accelerating the vaccination system for vulnerable individuals and groups. KEYWORDS: COVID-19, Right to Health, Social Justice, Vulnerable Groups.
Risk Mitigation of Disease Pandemic in the Indonesian Banking Industry: In Response to COVID-19 Nikmah Mentari; Uni Tsulasi Putri
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.v7i3.20146

Abstract

As an intermediary institution, the banking industry plays a critical function in the economy. Unpredictable conditions such as disease pandemic, exemplified from the unprecedented COVID-19 outbreak, result in loss to the banking industry due to the weakening of the national economy. In the future, then, the banking industry requires early preventive action for a similar case through specific risk mitigation towards disease pandemic. This paper aims to discuss the urgency of the risk mitigation towards the pandemic in the banking industry, following the risk mitigation scheme in facing the pandemic with its relevant regulation. This paper shows that the pandemic's responsive risk mitigation has become essential to strengthen the banking’s intermediary function and performance during the pandemic. The existing risk mitigation regulation solely relates to the non-performing loan in normal conditions. In the meantime, disease pandemic like COVID-19 is excluded because it is beyond the normal situation. Its adverse impact has leveraged more significant extent due to emergency conditions. In case of a disease pandemic, the bank can soon take early preventive action before the pandemic strikes within the domestic territory without waiting for central government-specific regulation, but it should. However, it remains practiced under the relevant laws. KEYWORDS: Risk Mitigation, Disease Pandemic, COVID-19, Banking Industry, Indonesia.
Penegakan Hukum Atas Pembajakan Kapal Indonesia Di Perairan Filipina Erika Reski Alifatul Muafidah
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.v3i3.7636

Abstract

Ship hijacking is a maritime crime generally committed in territorial waters. It often happens in Indonesia and the Philippines especially border areas of both countries (Malaysia – Philippines) makes other ASEAN countries feeling worried because it is closely related to the aspect of security. Those cases had a serious impact on international shipping towards other foreign and domestic vessels. For that reason, we are going to analyze solving the problems mainly crimes committed onboard vessels such as boat piracy on the Indonesia-Philippines frontier. This becomes a very serious problem and has big impacts on the International society. Consequently, the main point of this journal is to find out efforts will be made to overcome these problems, jurisdiction which is used to solve the problems and the crew protection KEYWORDS: Ship Hijacking,Piracy, Enforcement.
Penyelesaian Sengketa Pertanahan Yang Dilakukan Oleh Kantor Pertanahan Kabupaten Ngawi Dewi, Rizky Permata
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.v2i3.8279

Abstract

The soil is part of the earth called the earth's surface. Along with the rapidly growing era, the rate of population growth and development in Indonesia is increasing, so the basic needs will be higher. However, the number of circles of soil is out of balance. This causes land compensation. As some cases exist in the territory of the Land Office of Ngawi Regency. This article examines the complete forms of land disputes conducted by the Ngawi Land Affairs Office. Based on the literature review, in practice, the overall typology of land disputes in the work area of ​​the Ngawi District Land Office in 2017 from various cases of disputes that are rights-free landings, double certificates, and court decisions are also included in typology relating to juridical data because The Company is related to the voting rights over land and business related to the region in the region of Ngawi Regency with acceptable tariff outside the court and the court. This article concludes with a suggestion to provide certainty and measures that society desires for the process under the effectiveness, efficiency, and legal consent. KEYWORDS: Land Dispute, Tipologies Land Dispute, Settlement of Land Dispute.
Perlindungan Hukum Pemegang Hak Atas Tanah Dalam Sengketa Sertipikat Ganda Sintasari, Audina
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.v2i1.7436

Abstract

Land use without rights is prohibited. Therefore, the issuance of land titles certificate. However, in practice, there is still a circulation of land rights that are not in accordance with the provisions of the law and one of them is the circulation of double certificates in the community. The issuance of the double land title certificate by the land office has resulted in a double certificate of land, which is contrary to the principle of legal certainty and certainty of land rights controlled by individuals, legal entities or institutions. This article examines the form or form of protection and legal remedies for holders of land rights concerning multiple certificate disputes. Based on the literature review, in practice, the legal protection of the holder of land rights is regulated in Article 32 of Government Regulation Number 24 of 1997 concerning Land Registration whereas the legal remedies for land dispute settlement which can be taken by the holder of the aggrieved dual-rights land rights can take the path outside the court / non litigation and judicial/litigation lines. This article concludes with suggestions for real reform of the National Defense Agency's bureaucracy and the enhancement of the quality of its human resources and should know in advance the status of land ownership rights in the event of transactions in the case of transfer of ownership of land so as not to cause problems in the future. KEYWORDS: Legal Protection, Land Dispute, Multiple Certificate.
The Protection of Indonesian Migrant Workers under Fiqh Siyasah Dusturiyah Ismail, Habib; Hakim, Dani Amran; Hakim, Muhammad Lutfi
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.v8i1.18725

Abstract

The position of migrant workers is often seen as a weak party. To some extent, such migrant workers are regarded as similar to slaves. In Indonesia, the government has to protect all citizens, including those abroad who have the status of migrant workers. Migrant Workers’ Protection Law 18/2017 was issued to protect citizens as migrant workers. However, several migrant workers remained legally unprotected abroad. This study used the normative approach that aimed to discuss the protection of Indonesian migrant workers from two-fold, juridical and fiqh siyasah dusturiyah perspectives. While the government protected migrant workers by issuing Law 18/2017, it has more specifically provided directions and objectives to protect migrant workers. This Law ensures human rights for migrant workers despite legal, economic, and social protection for them and their families. Then, the protection of migrant workers from fiqh siyasah dusturiyah should be under the four principles of the workforce in Islam: human independence, human dignity, justice, and the clarity of the contract and wage transaction. KEYWORDS: Indonesian Migrant Workers, Right to Work, Islamic Law.
Transfer Pricing Terhadap Penerimaan Negara Pada Sektor Pajak di Indonesia Aprilia Tri Santi
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.v3i1.9559

Abstract

The development of the current globalization has made large companies throughout the world to plant their branch companies out of their country. Their companies are called Multinational Companies. The negative impact caused by this development is that with the presence of branches in various countries, a company in a country can move some or all of the profits they earn to other countries that are still in the same parent company. Transfer of profits is done from countries that have high tax rates to countries that have low tax rates between companies that have special relationships. This is done so that the income tax is reduced. This event can be called transfer pricing or transfer pricing between parties that have special relationships. This article examines how the process of transfer pricing and legal consequences arises from tax avoidance events through transfer pricing. Transfer pricing greatly affects the amount of state income, especially in the income tax sector because the tax burden paid by companies is not following the profits they earn. State losses resulting from transfer pricing events reach 1300 trillion annually. But the weakness of institutions in the Tax Directorate General makes transfer pricing events grow. This article concludes with a suggestion that the government further increase tax control by the subject of Permanent Business Forms tax so that taxpayers become law-abiding. KEYWORDS: Transfer Pricing, Tax Avoidance Practices, Income Tax.

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