Lentera Hukum
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
Articles
227 Documents
<![CDATA[Our Right to Share, Their Right to Know ]]>
<![CDATA[Ezekiel, Kezia]]>
<![CDATA[ Lentera Hukum Vol 8 No 2 (2021): LENTERA HUKUM ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/ejlh.v8i2.23833
<![CDATA[The defamation reports have increased and shifted under online-based technology through social media. This study considered the defamation issue in Indonesia that alleged Richard Lee, a doctor who shared a beneficial publication through social media about the dangerous skincare product. Richard's audience believed that his content helped them know the hidden truth behind skincare products available in the market. Consequently, the public questioned whether he was liable because he was regarded to share helpful information under the public interest. This study aimed to analyze Indonesia’s defamation laws, especially in public interest defense under Article 310(3) of the Indonesian Criminal Code. However, the interpretation for public interest as a crime abolition is unclear, resulting in various courts' decisions that lead to criminalizing internet users. This study used legal research with statutory and comparative approaches. It examined legal norms and practices in Indonesia and compared those in the United Kingdom, Canada, and New Zealand. These three countries adapted defamation law to develop cases, including those alleged defamations for the public interest. While the freedom of expression is enshrined in the constitution, its practice has contradicted defamation provisions outlined in derivative regulations. By comparison, these three countries have precise boundaries and public interest defense is explicit. Those countries have specific rules and lists that needed to be fulfilled for those who use public interest defense. The lists based on previous precedents show how they learn and adapt to the development of public interest defense in many cases. This study concluded that Indonesia does not have specific standards or rules to determine cases categorized as the public interest. KEYWORDS: Public Interest Defense, Online Defamation, Freedom of Expression.]]>
<![CDATA[Minimum Authorized Capital After the Enactment of Job Creation Law ]]>
<![CDATA[Wiryadi, Kania Jennifer]]>;
<![CDATA[Novendra, Bayu]]>
<![CDATA[ Lentera Hukum Vol 8 No 1 (2021): LENTERA HUKUM ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/ejlh.v8i1.21946
<![CDATA[In a limited liability company, capital becomes one of the primary elements. However, the regulation regarding capital in Indonesia has changed several times, as its latest concern on the enactment of the omnibus bill on Job Creation Law in 2020. This paper discussed the following problems. First, what are the status quo and the development of regulations regarding minimum capital requirements in Indonesia? Second, what are the pros and cons of minimum capital requirement regulations and their developments in other countries? Third, what is the minimum capital requirements regulation that suits the conditions in Indonesia? This paper used legal research, emphasizing literature study. In so doing, the data were analyzed with the deductive method to construct conclusions. This paper showed that each limited liability company from the 1995 Limited Company Law, the 2007 Limited Company Law to the Job Creation Law had various minimum capital requirements provisions that lasted to its abolishment under the Job Creation Law. In this context, the initial policy on the minimum capital requirement was to protect creditors. In practice, however, this policy was not effective because of many other effective alternatives to protect creditors, by encouraging transparency in corporate transactions and offering easy access to corporate information. The dominance of micro and small business units in Indonesia (99% of business units) explained the urgency of eliminating minimum capital requirements regulations. The elimination of minimum authorized capital requirements was a tremendous effort to strengthen micro and small enterprises. KEYWORDS: Limited Liability Company, Job Creation Law, Company Law.]]>
<![CDATA[The Reverse Burden of Proof in Indonesia's Money Laundering: A Review ]]>
<![CDATA[Adinda Putri Jade]]>;
<![CDATA[Yaris Adhial Fajrin]]>;
<![CDATA[Diah Nadia Putri]]>;
<![CDATA[Aisya Sanghra Devi Nugraha]]>
<![CDATA[ Lentera Hukum Vol 7 No 3 (2020): LENTERA HUKUM ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/ejlh.v7i3.18680
<![CDATA[Money laundering has become one of Indonesia's serious criminal offenses. Then, cases related to it should proceed under the specific regulation and procedure. In Indonesia, money laundering is a further crime preceded by predicate offenses. In practice, there are two main problems to apply in money laundering: first, the principles' difference between national and international criminal laws, and second, their norm contradiction. Although the money laundering crime is claimed to be a further crime, it is separated from the preceded crime in prosecution, investigation, and evidence. This study aims to review the juridical contention of the reverse burden of proof in money laundering by considering the existing challenges to apply the norms. This study confirms that there is a juridical problem in the reversal of proof mechanism in money laundering. Therefore, the government should harmonize the existing laws relating to the reverse of the burden of proof in money laundering. It is essential to reform the existing regulations by harmonizing laws related to this case. It considers the existing fragmented criminal provisions set out in the Criminal Code and special laws to indicate serious crimes. This harmonization contributes to restoring the return of the state's losses resulted from this crime. Regulatory reform is inevitable. The government then needs to strengthen diplomatic relations with other countries, especially to enforce national laws through Mutual Legal Assistance (MLA) and extradition of money laundering perpetrators. KEYWORDS: Indonesian Money Laundering, Money Laundering Act, Reverse Burden of Proof.]]>
<![CDATA[Mediasi Hubungan Industrial Yang Melebihi Batas Waktu ]]>
<![CDATA[Akni, Rigea Rema Nur]]>
<![CDATA[ Lentera Hukum Vol 2 No 3 (2015): LENTERA HUKUM ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/ejlh.v2i3.8822
<![CDATA[The number of disputes that arise in industrial relations is something that cannot be avoided even though ultimately it can be resolved through deliberation, mediation, conciliation, arbitration or court. In the law number 2 of 2004 concerning the settlement of industrial relations disputes, it has been stipulated that in the event of a dispute between the worker/laborer and the employer, the bipartite settlement must first be attempted. If the settlement through a bipartite fails, the an attempt is made to resolve the dispute through mediation. Mediatoin is a peaceful process whereby the disputing parties hand over the settlement to a mediator, namely someone who arrangers a meeting between two or more parties at odds to achieve a just outcome, without wasting too much money, but remains effective and fully accepted by the two the parties who have disputes voluntarily.Keyword : Dispute, Mediation, Industrial Relations]]>
<![CDATA[Pemungutan Retribusi Parkir Indomaret dan Alfamart Berdasarkan Peraturan Daerah Kota Malang ]]>
<![CDATA[Saputro, Kresna Dwi]]>;
<![CDATA[Anggraini, R.A Rini]]>;
<![CDATA[Soetijono, Iwan Rachmad]]>
<![CDATA[ Lentera Hukum Vol 2 No 1 (2015): LENTERA HUKUM ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/ejlh.v2i1.20182
<![CDATA[Collecting retribution is a policy from the regional government. The function of it is to improve the regional income where kinds of collecting retribution, one of them are parking retribution in Malang city, the parking retribution has been an amendment to regional law Malang city area number 3 of 2015. it is about public service retribution that is to improve regional income from the parking retribution. The amount of them is great because Malang is a big city. However, the real conditions do not match with the regional law, e.g it happens at some Indomaret or Alfamart minimarkets. The regional law states that at this minimarket, the customers must not pay for the parking retribution because the regional government has accepted a parking tax given by Indomaret or Alfamart's company. KEYWORDS: Parking Retribution, Regional Goverment, Indomaret and Alfamart.]]>
<![CDATA[The Legal Aspect of Consumers' Protection from Pop-Up Advertisements in Indonesia ]]>
<![CDATA[Prastyanti, Rina Arum]]>;
<![CDATA[Yafi, Eiad]]>;
<![CDATA[Wardiono, Kelik]]>;
<![CDATA[Budiono, Arief]]>
<![CDATA[ Lentera Hukum Vol 8 No 1 (2021): LENTERA HUKUM ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/ejlh.v8i1.23479
<![CDATA[Pop-up advertisements have become prevalent on websites. When users click on the banner, they navigate a separate window; banner and pop-up advertisements contain attractive audio-visual and animated graphics. This intrusive advertising has not explicitly regulated Indonesia's current legislation, including Electronic Transaction and Information Law 11/2008 (ITE Law). Also, it is exempted in the Indonesian Pariwara Ethics, guidelines for advertising ethics and procedure in Indonesia. This study aimed to revisit consumers’ protection toward pop-up advertisements in Indonesia, with two main discussions. First, it discussed online consumers' perceptions of pop-up advertisements and the classification of their responses. Second, it enquired to what extent the legal and ethics protection for online consumers in Indonesia. By using empirical legal research, this study concluded that the ITE Law prohibits anyone from spreading online information with content that violates immorality and gambling, as it often contains in pop-up advertisements. Through the lens of business ethics, pop-up advertisements are new media and they should not be installed in such a way as to interfere with the freedom of internet users, given that pop-up advertisements do not reflect the ethics of honesty, trust, and advice in business. KEYWORDS: Consumers’ Protection, Online Advertisements, Business Ethics.]]>
<![CDATA[Trash Trade and Environmental Regulations ]]>
<![CDATA[Dawood, Shamila]]>;
<![CDATA[Azhar, Ajra]]>
<![CDATA[ Lentera Hukum Vol 8 No 3 (2021): LENTERA HUKUM ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/ejlh.v8i3.27138
<![CDATA[Following China's decision to ban trash import in 2018, some countries in Southeast Asia are at the forefront of banning and imposing stringent measures to crackdown trash trade. The new trend in trash trade regulations had further impacted weaker countries and made a haven for dumping waste unless they adopt a uniform mechanism to regulate or completely ban trash trade within the region. This study aimed to analyze the recent response of some developing countries to the trash trade and how likely this response impact other countries in the same region, by taking into account the impact of the trash trade on the environment and health and waste handling capacity. This study adopted doctrinal analysis that combined descriptive and analytical approaches to analyze trash trade and regulation impacts in developing countries and arrived at a need for a holistic approach and national waste management policy to encourage the recycling industry in trash receiving states. This study found that although developing countries had a perfect set of rules and norms regarding sustainable waste management and protecting illicit trash trade, most of them had shortages due to internal and external factors. Solid waste management in developing and least developed countries was a never-ending problem due to the low technological requirements and economic investments. KEYWORDS: Trash Trade, Developing Countries, Environmental Justice.]]>
<![CDATA[International Legal Instruments in Responding to Human Trafficking ]]>
<![CDATA[Arifin, Ridwan]]>;
<![CDATA[Lemuel, Yehezkiel]]>;
<![CDATA[Nte, Ngaboawaji Daniel]]>
<![CDATA[ Lentera Hukum Vol 8 No 3 (2021): LENTERA HUKUM ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/ejlh.v8i3.22137
<![CDATA[Human trafficking grows and develops rapidly, with various motives and types of crimes. Various obstacles are faced in handling human trafficking cases, ranging from inadequate legal instruments to weak law enforcement. This study overviewed the international legal instrument on human trafficking cases, following the identification of the recent forms and issues in enquiring how international legal instruments deal with human trafficking. This study used legal research method by referring to international laws as the source of law in compiling this human trafficking research. This study found that various instruments and international cooperation have dealt with human trafficking cases. However, in various related studies, these different legal instruments did not have a clear and binding force when the issue occurs in the domestic state. In addition, human trafficking in various legal instruments also had many types, and all of them are interrelated. This study highlighted and concluded that in making various international legal instruments effective in this case, more intensive international cooperation was needed, both regionally and globally. KEYWORDS: Human Trafficking, Labor Human Rights, Criminal Law.]]>
<![CDATA[Impact of Economic Downturn on Child Labor in Vietnam ]]>
<![CDATA[Huyen, Nguyen Thanh]]>
<![CDATA[ Lentera Hukum Vol 8 No 3 (2021): LENTERA HUKUM ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/ejlh.v8i3.25506
<![CDATA[The economic recession led to the economic downturn, loss of jobs and income, and the risk of falling back into the poverty of near-poor and poor households. This recession caused an increase in child labor. This study aimed to analyze the concept of child and child labor under a regulatory framework and assess how the economic downturn affects child labor in Vietnam. This study used analytical research methods through synthesis, comparison, and legal analysis, emphasizing literary research based on secondary research data. This study showed that the economic downturn increased the proportion of child labor because the parents and the family's breadwinner are unemployed or cut down on their income. Children were out of school to help household businesses or look for work for extra income. The economic downturn increased the number of children working in unsafe working conditions. It increased the risk of children being forced into illegal jobs prohibited and exposing children to labor to risk forced labor. It resulted in difficulties preventing and eliminating child labor, especially in a developing country like Vietnam, due to the high number of employees working in the informal sector, who were often unsupported by social security policies such as unemployment insurance and social insurance. This study suggested that the Government should establish policies to promote sustainable economic development and promulgate appropriate social security policies to promptly support workers and their families out of difficulties caused by job loss. Also, it should organize the effective implementation of regulations on eliminating child labor and raise social awareness in preventing and eliminating child labor. KEYWORDS: Economic Downturn, Child Labor, COVID-19 Pandemic.]]>
<![CDATA[Child Labor and Poverty Reduction in Vietnam ]]>
<![CDATA[Dung, Nguyen Thu]]>;
<![CDATA[Khuyen, Hoang Kim]]>
<![CDATA[ Lentera Hukum Vol 8 No 3 (2021): LENTERA HUKUM ]]>
Publisher : <![CDATA[University of Jember ]]>
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DOI: 10.19184/ejlh.v8i3.25777
<![CDATA[There is a relationship between child labor and poverty. The unaffordable financial state of households is the main reason to force children to become workers at an early age. One of the main points to respond to eliminating and preventing child labor is how to reduce poverty. Accordingly, many legal tools are designed and applied, such as forming regulations in finance supports and vocational training programs. This study provided practical evidence on the link between child labor and poverty in Vietnam as well as analysis on which legal measures the Vietnamese Government has done to tackle child labor based on the poverty approach. It was followed by some recommendations to eliminate child labor, especially in the context that negative impacts of COVID-19 pandemic push children to fall into poverty again and force them to continue to work in early-stage in most countries, including Vietnam. The study used a qualitative approach, including on desk review and a second-date analysis on regulations on child labor and poverty reduction policies in Vietnam. This study found that there existed a gap between policies on poverty to reduce child labor and practices. Comprehensive approaches in making policies, as well as law enforcement, are the core reasons. The gap should be overcome by providing unified action plans with an effective governmental authority system. KEYWORDS: Child Labor, Children Rights, Poverty Reduction.]]>
