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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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Akibat Hukum Pembatalan Akta Kelahiran Terhadap Anak Sandjojo, Natasya Immanuela
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.v2i2.20284

Abstract

Research on the legal consequences of the cancellation of birth certificates against children aims to know the effect of law affecting the child, as well as a review of the determination and verdict of judges in the court who play a role in legal action cancellation of birth certificate. This research also describes the importance of birth certificate due to the low public awareness to register the birth certificate. Research conducted using normative juridical research, which faces legal issues with the process of discovering legal rules, legal principles, and legal doctrines relating to the issue of law. This study used a deductive method that begins from the things that are common then applied to the formulation of the problem and can produce answers that are specific and legitimate. Based on the results of research, from the various rules of law, doctrine, and judgment and the determination of the court, that the cancellation of the birth certificate carries considerable legal consequences for the child. This resulted in the status and position of the child, in which this study included several examples of determinations and court decisions regarding the cancellation of birth certificates. In addition, the relationship between children and parents connected with alimentation rights will not be interrupted as long as there is evidence of a blood relationship between parent and child. KEYWORDS: Legal Cancellation of Birth Certificate, Birth Certificate, Birth Certificate Cancellation.
Preventive Measures of Cyberbullying on Adolescents in Indonesia Wahanisa, Rofi; Prihastuty, Rahmawati; Dzikirullah H. Noho, Muhammad
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.v8i2.23503

Abstract

The increasing internet penetration in Indonesia has provided adolescents to expose pornographic content advertently. It inevitably includes other adverse impacts like fraud and violence, which begin with cyberspace. Also, cyberbullies on the internet have become a serious concern on how the government has anticipated it to prevent more practices in this cross-border experience. This study aimed to address the causes and impacts of online-based media on adolescents with the following preventive measures to reduce increasing cases of cyberbullying in Indonesia. This study used legal research in assessing the issue by sourcing primary data from statutory regulations and secondary data from academic resources. This study showed that cyberbullying continues to become an annoying issue among children, adolescents, and adults. The existing regulations provide insufficient protection preventing these practices because it does not specifically regulate its types and forms at defining cyberbullying. It suggested introducing a more specific regulation that outlines cyberbullying in ensuring the protection amidst the more borderless communication to prevent more adverse impacts on victims. KEYWORDS: Cyberbullying, Information and Technology Law, Child Protection.
Determining State’s Financial Losses in Corruption Suta, I Made Gemet Dananjaya; Prabandari, I Gusti Agung Mas; Astariyani, Ni Luh Gede
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.v8i1.21923

Abstract

One of the main elements in corruption is the loss of state finances. It results in confusion impacting law enforcement officials' performance in eradicating corruption. In Indonesia, the Supreme Audit Agency (BPK) is an institution authorized to assess state financial losses. In practice, the Financial and Development Supervisory Agency (BPKP) is another institution with similar power. This study analyzed which institutions have the more appropriate power in determining state financial losses in corruption. Using legal research with statutory and conceptual approaches, this study showed that the BPK is an institution granted the constitutional power to examine state finances' management and responsibility, asserting its more legitimate institution to handle the power to assess the financial losses. Consequently, the BPK is the only state institution that can determine state financial losses. At the same time, the BPKP is only authorized to assess or audit the calculation of state financial losses as an indication of irregularities detrimental to state finances. This study concluded that only the BPK can assess and determine state financial losses used in examining the alleged corruption before the court. KEYWORDS: Institutional Powers, Financial Audit Institution, Corruption.
Pengadaan Tanah Untuk Kepentingan Umum Dalam Kegiatan Usaha Hulu Minyak dan Gas Bumi Proyek Jambaran Tiung Biru di Kabupaten Bojonegoro Rizkyta Hamdany Jelmara
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.v3i3.9074

Abstract

One of the development efforts within the national development framework organized by the Government is development for the Public Interest. Development for the Public Interest requires land as a means. Among the activities categorized in the public interest in Act No. 2 of 2012 are upstream oil and gas business activities. Oil and Gas is a non-renewable strategic natural resource controlled by the state and is a vital commodity that plays an important role in the supply of industrial raw materials, meeting energy needs in the country, and as a foreign exchange earner. In all developments involving upstream oil and gas business activities, especially in the land area, land can not be separated from the ingredients, one of which is land acquisition in the Jambaran Tiung Biru project located in Bojonegoro Regency. Based on Act No. 2 of 2012 and the implementing regulations of Presidential Regulation No. 71 of 2012, land acquisition starts from the planning, preparation, implementation, and delivery stages. For the acquisition of Perhutani land, it uses a loan to use the forest area and for the village treasury by swapping. Furthermore, a form of legal action can be taken as a result of the land acquisition of the Jambaran Tiung Biru project in Bojonegoro District, namely, firstly, a state administrative dispute through a claim to the State Administrative Court, while civil disputes through an objection to the District Court. KEYWORDS: Acquisitions of Land, Public Interest, Upstream Activities, Oil and Gas.
Euthanasia and the Assessment of Patients' Autonomy Rights in the Indonesian Criminal Code Fanny Tanuwijaya
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.v7i2.18701

Abstract

This study aims to analyze and clarify the application of criminal law principles in cases of euthanasia. The concept of euthanasia is a new thought in criminal law that arises because of humans' desire to determine life's direction. The realization of life's ownership of oneself gives birth to the thought that one can hasten one's death. The conception of self-determination in euthanasia is by realizing the right to autonomy, which is an essential principle in medical law. However, the manifestation of euthanasia as the fulfillment of autonomy has a conflict with criminal law, especially in Indonesia. In Indonesia, the conflict of norms on euthanasia and the provisions of criminal law can be seen in the legislative product, namely the Criminal Code (KUHP), which clearly reflects euthanasia prohibition. A study of euthanasia in criminal law principles shows that health regulation, especially regarding euthanasia, needs to pay attention to the right to patient autonomy as its main principle. The conflict over the right to autonomy and Indonesian criminal law creates a conflict of norms that further tests euthanasia's legality in Indonesia. KEYWORDS: Indonesian Criminal Code. Patient's Autonomy, Religious Values.
Pungutan Pemerintah Desa Terhadap Masyarakat Sebagai Penyelenggaraan Pemerintahan Desa Halsi, Klaudio; Nugroho, Rizal; Indrayati, Rosita
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.v2i1.20181

Abstract

The original income of the village is income derived from the business of the village, the result of the village's assets, self-help and community participation, mutual assistance, and other village income. All revenues originating from original village revenues, regional revenue, and regional retribution, ADD, financial assistance from provincial and district / municipal governments, both general and specific, and non-binding third-party donations or contributions other legitimate village revenues must be recorded in an orderly manner. Other Original Revenues The villages are among others derived from village levies. The levies in the village are levies on the use of village halls, levies on prospective villagers, and so on. In Article 25 paragraph (1) of Regulation of the Minister of Home Affairs of the Republic of Indonesia Number 113 of 2014 concerning Village, Finance Management explains that the Village Government is prohibited from levies as acceptance of villages other than those stipulated in village regulations. KEYWORDS: Village levies, Authority of the village, Village government.
Proposing Notaries’ Deed Digitalization in Indonesia Agustin, Ika Yuli; Anand, Ghansham
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.v8i1.21375

Abstract

Along with emerging technology, a notary public's role should adjust this changing development, mainly dealing with a deed. Technological development inevitably impacts the role of a notary public and the future digitization of notarial deeds. To date, notaries in Indonesia remain implementing laws and regulations that have not been changed. In contrast, technological development has shifted rapidly, especially on the notaries' task in appearing, reading, signing, and using stamps. This study aimed to identify the challenges of implementing notaries’ deed digitalization by taking into account rapid technological development. With legal research, this study showed that as a consequence of technological development, notarial functions’ disruption in Indonesia evoked a concept of a cyber notary, an idea of notarial function through an online system. As it has flourished globally, digital disruptions had brought out an electronic system that changed the implementation of works, business, professions, and functions, mainly to notarial functions. Nevertheless, no specific rules were established to amend Notary Law 02/2014, particularly to the requisites of authentic deeds by a cyber notary. Indonesia applied some restrictions on technology to maintain the legality of authentic deeds to place the notarial profession as a public official consistently. KEYWORDS: Indonesian Notaries, Technological Development, Deed Digitalization.
Geographical Indications in Trade Commodities for Promoting Sustainable Economic Development in Indonesia Dwi Tiara Kurnilasari
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.v7i3.19474

Abstract

The recent COVID-19 pandemic has disrupted many countries. It leads them to imbalance conditions in various sectors, particularly in the economic sector due to the shifting of people's habits. Amidst the recession, Indonesian local horticulture commodities increase in rates, supporting Indonesia's revenue. In Indonesia, abundant natural resources with numerous potential Geographical Indications (GI) need the government and other related parties' intense role. It currently results in weakness in many ways to support sustainable economic development. This study aims to discuss the protection of Geographical Indications both in national and international laws, and analyze certain vital steps to efficiently utilizing Indonesia's GI as trade commodities. The paper will mainly discuss Geographical Indication legal protection and ways to utilize it for the country's economy. The study finds that the legal protection of GI in Indonesia is still considered weak and lacks in parties' active involvement in managing GI-based trade commodities and products. The research concluded that to strengthen GI protection in Indonesia, related party involvement and continuous monitoring and promoting are necessary to be done. Furthermore, the advice is to increase local community awareness by government and non-governmental organizations toward GI potential. It includes developing an efficient protection and management system that fully maximized each party's ability to execute its responsibility. KEYWORDS: Geographical Indications, Intellectual Property, Economic Development.
Perolehan Kembali Status Kewarganegaraan yang Hilang Sandy Cahyono
Lentera Hukum Vol 3 No 2 (2016): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v3i2.12545

Abstract

A person's citizenship is a very important thing, In the relationship of the state and the individual shows how important a person's citizenship is, whether a person includes a citizen ora foreigner is of great consequence in this public life. Citizenship is the membership of a country in a simple way as the country is a particular association or organization. A person can lose citizenship or without citizenship (patricide). The type of study used in this study is a normative law study that is a process for establishing a rule of law. The conclusion of the study is that when a person reclaims citizenship that a person will be entitled to the right of citizenship as regulated of law in a Number 12 of 2006 on Citizenship of the Republic of Indonesia KEYWORDS: Citizenship, Citizen Rights, Apatride.
Penerapan Prinsip Kehati-Hatian Notaris Ketika Membuat Akta Perjanjian Perkawinan Pisah Harta Rachmawati, Risa; Safa'at, Rachmad; Navianto, Isma'il
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.v2i2.20285

Abstract

The decision of the Constitutional Court Number 69/PUU-XIII/2015, meaning that the marriage agreement is no longer as a treaty made before marriage but may also be made during the marriage association, which was previously restricted by article 29 paragraph (1) of the marriage law that the marriage agreement was made after the marriage. However, the issuance of the decision of the Court MK Number 69/PUU-XIII/2015 without being followed by the implementing regulation resulted in practice there are many misunderstandings of understanding and the difference of legal application among the notary especially the notary of Malang city about the making of the deed. This shows the gap between the rules regarding the making of marriage agreement with the practice in society so that there are obstacles in the implementation of the law. This method used is the type of empirical legal research using the approach of legal sociology. As the results of this study indicate: first, that the notary must prioritize the principle of caution because there are still some legal issues related to the making of the marriage certificate of separation of property during the marriage bond in the mixed marriage after the decision of the Court MK Number 69/PUU-XIII/2015. Second, legal liability if the notary ignores the precautionary principle, may be liable for the deeds he or he has made, as well as the actions of the notary. Third, the application of prudential principles to the process of making marriage certificate deeds during the marriage must comply with the elements of article 1320 KUHPerdata (BW) and UUJN. KEYWORDS: Prudential Principle, Notary, Postnuptial Agreement, During Marital Bond, Intermarriage.

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