cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
YUSUF ADIWIBOWO
Contact Email
lentera.hukum@unej.ac.id
Phone
-
Journal Mail Official
lentera.hukum@unej.ac.id
Editorial Address
-
Location
Kab. jember,
Jawa timur
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
 19   20   21   22   23 
The Indonesian Outsourcing Workers' Rights in the Tourism Business Sector Sudiarawan, Kadek Agus; Dharmawan, Ni Ketut Supasti; Karunian, Alia Yofira; Dananjaya, I Komang; Lokahita, Kadek Indira
Lentera Hukum Vol 10 No 3 (2023)
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v10i3.43325

Abstract

The problem of outsourcing workers extends to the tourism industry. The unique challenge of 'seasonality' makes it more difficult to protect the outsourcing workers' legal rights in the said sector. The research examines the outsourcing regulation in Indonesia by referring to the Job Creation Law, by questioning whether the existing regulations provide prominent legal protection for outsourcing workers, especially in tourism sectors, and how the future law allows for improved protection. The research method used is normative legal research with statutory and legal conceptual approaches. The results of the study show that the amendment of the Manpower Law incorporated into the Job Creation Law and its implementing legal instruments significantly changed outsourcing regulation. As the Job Creation Law has abolished Article 64 of the Manpower Law, the scheme established by the Constitutional Court to prevent companies from exploiting workers in their decisions has become vague in the Job Creation Law. Following global practices, the country can implement a flexible workers policy while simultaneously protecting their rights which Indonesia must adopt.Keywords: Outsourcing, Rights Protection, Tourism Business.
Empowering Local Communities Suteki, Suteki; Jalil, Abdul; Natalis, Aga; Nasution, Angelica Vanessa Audrey
Lentera Hukum Vol 11 No 1 (2024): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v11i1.46552

Abstract

When attaining effective governance and justice, as described in the Sustainable Development Goals (SDGs), corruption is a serious hurdle in sustainable development. The issue of corruption continues to be widespread in Indonesia, necessitating responses that are both comprehensive and international in scope. Essential to the fight against corruption is the empowerment of community engagement at the local level; in developing, implementing, and monitoring Anti-Corruption Action programs. On the other hand, there is considerable space for improvement regarding community participation in anti-corruption activities. This study aims to analyze the significance of community involvement in anti-corruption measures within Indonesia by employing a socio-legal methodology: a combination of legal research with sociological analysis. Data collection entails using primary sources, such as interviews and observations made in the field; in addition to secondary sources, including legal literature and decisions made by the courts. Descriptive-analytical approaches are used to examine the elements influencing community participation in preventing and eliminating corruption. After completing the research, the researchers concluded that anti-corruption learning programs, law enforcement, and community awareness are necessities to effectively combat corruption. Additionally notable is the increasing importance of the independent media's role in discovering corruption and increasing public awareness. Among the recommendations are the enhancement of community engagement, the promotion of anti-corruption education, the expansion of media cooperation, and the improvement of government openness. To combat corruption and promote good governance, it is possible to develop an effective and sustainable collaboration between the government and society by implementing these measures.KEYWORDS: Corruption, Community Engagement, Anti-Corruption Action Programs, Local Governance
Permanent Sovereignty vs. International Obligations Simbolon, Putu George Matthew; Yusro, Mochammad Abizar; Taniady, Vicko
Lentera Hukum Vol 11 No 2 (2024): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v11i2.43342

Abstract

This research analyses Indonesia's policies related to downstreaming and restrictions on raw nickel exports that have caused international debate, especially the European Union which complained against Indonesia to the World Trade Organization (WTO) in Dispute Settlement 592 (DS-592). The study explores Indonesia's position as a WTO member that is being questioned for its policy of banning nickel ore exports to the European Union, and examines the DS-592 ruling in relation to the permanent sovereignty debate. This article uses a normative juridical method with doctrinal, comparative, and case approaches. The results show that Indonesia has permanent sovereignty over its nickel ore guaranteed by UN Resolution 1803. Therefore, Indonesia must exercise this sovereignty with due regard to international obligations. Indonesia should learn from China's export regulations as it prioritises export restriction policies rather than export bans. By applying China's approach, Indonesia can prevent the problems that occurred in DS 592. However, a series of nickel downstream policies implemented by Indonesia have violated the provisions of the WTO Agreement. This article also explains that the vacuum of the Appellate Body does not negate the EU's authority to retaliate against Indonesia. This article concludes that Indonesia must implement a policy determining the percentage of downstream nickel ore, as well as nickel ore that will be exported. This conclusion has resulted in the theoretical idea that no sovereignty can be exercised in violation of the country's international obligations. Thus, each country must be able to establish policies that can balance national interests with international obligations. KEYWORDS: Export Restrictions, International Obligations, Nickel Ore, Soverignty, WTO.
Artificial Intelligence in Indo-Pacific Putro, Yaries Mahardika; Tarigan, Muhammad Insan; Al Asyari, Haekal
Lentera Hukum Vol 10 No 3 (2023)
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v10i3.43449

Abstract

The use of Artificial Intelligence in the military is like two sides of a coin. It can provide convenience and aid in military operations but has the potential to hinder military operations. Dangerous and potentially catastrophic for humanity will be inevitable as no restrictions on its use. The United States, China, Australia, Japan, and India are examples of nations whose militaries have developed artificial intelligence technology. Geographically, Southeast Asia, which is located in the middle of these nations, will experience a significant impact due to its tight maritime borders if there is no international consensus on the military application of artificial intelligence technology. An autonomous or autonomous system to operate this technology will reduce the amount of human control and allow it to operate without any human intervention. It will be a threat to the application of the fundamental principles of international humanitarian law, such as the distinction principle, and proportionality principle. Where these principles are tightly intertwined with human command and control in making decisions regarding the execution of attacks. The article employs normative legal methodology. Furthermore, this paper endeavours to assess the pertinence of principles in international humanitarian law during the era of the artificial intelligence arms race. It also delves into the contribution of ASEAN in upholding stability, peace, and security in the Southeast Asia region, thereby reinforcing the importance of this research. This research emphasises the importance of aligning the progress of artificial intelligence in military contexts with core principles of international humanitarian law. It underscores the need for ASEAN to safeguard regional peace and security by establishing a novel regulatory framework that outlines restrictions on the development and deployment of artificial intelligence for military objectives.Keywords: Artificial Intelligence, International Law, Peace and Security, Southeast Asia.
Countering Hegemony in Legal Academia in Global South Tiwari, Vijay Kishor; Biswas, Saarthak
Lentera Hukum Vol 11 No 1 (2024): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v11i1.39449

Abstract

Social Sciences are branches of science that deal with the study of human behavior in any social or cultural setting and demand to have an evolutionary interpretation of human behavior. Here, the consideration of changes in socio-cultural settings differentiates its scientific method from a traditional understanding of pure science. However, the impact of scientific imperialism has led to a universally accepted idea of supposedly valid knowledge even in social sciences such as legal sciences, where positivism and its methodological mantras still dominate. Moreover, scientific imperialism is achieved, enabled, and valorized by what Thomas Kuhn called “paradigm.” This paper argues that Upendra Baxi’s contribution to Indian legal academia is immense. Nevertheless, his legacy has created its own paradigm that has somewhat colonized the imagination of Indian legal academia. In particular, we seek to critique the extent to which it has been widely accepted as the universal paradigm of the Indian legal system and, by proxy, the legal education system of India. The ideology has become hegemonic, being glorified, celebrated, and studied by prominent scholars and Indian Supreme Court judges. This is, of course, much deserved. Yet, one may also need to critique the erasures and silences within this “Baxism paradigm.” It is intriguing to see why there is no influx of curiosity about venturing beyond that paradigm. Why does it seem to be accepted as the universal paradigm that is timeless, boundless, and edgeless? By deploying the idea of hegemony from the works of Gramsci and also using the works of Foucault, Kuhn, and Santos, we have tried to identify the creation of abyssal thinking as influenced by “Baxism” and how it can suppress the creation of new knowledge.KEYWORDS: Legal Pluralism, Epistemology of Knowledge, Global South.
Analysing Discrimination based on Genetic Information Akash, Akash; Sarker, Shuvro Prosun
Lentera Hukum Vol 11 No 2 (2024): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v11i2.43512

Abstract

This paper analyzes and critiques existing literature on discrimination based on genetic information collected during genetic tests of individuals and the legal issues attached therewith. Genetic variations, which can lower or raise disease risk, result from the inheritance of parental genes. Subjecting individuals to stigmatization based on their unique ancestry or genetic status raises legitimate concerns. The literature review reveals that the issue of discrimination based on genetic information has occurred in countries like the United States and Canada. Accordingly, concerns regarding new forms of discrimination arising from the collection of information during genetic testing have grown over the decades in the wake of technological advancements in biotechnology, health, and allied sciences, as several studies have revealed. On the contrary, more material sufficiency in India necessitates consulting data from various disciplines. A conceptual framework is proposed to examine the theoretical foundations of non-discrimination provisions, compare genetic information non-discrimination legislation in the United States and Canada to India, and evaluate the practicality of implementing such laws in India. The initial testing of this framework suggests that due to insufficient legislation, there may be a need for enforceable measures to mitigate genetic information-related discrimination in India. The research problem requires qualitative research to gain an in-depth comprehension of experiences, phenomena, and context. This paper makes two main contributions: establishing a comprehensive background to allow comparisons by scholars and policymakers on the matter and helping to further the debate on the subject to generate value-based research regarding the ethical, legal, and social impacts of genetic research and anti-discrimination laws.KEYWORDS: Non-discrimination, Genetics and law, Literature review, Genetic discrimination.
Dual-Class Share Structure in the Indonesian Equity Market Seroja, Triana Dewi; Tan, David; Fitri, Winda; Rusdiana, Shelvi
Lentera Hukum Vol 10 No 3 (2023)
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v10i3.43733

Abstract

A lot of major equity markets abroad have allowed the listing of the Dual-Class Share Structure (DCSS) corporations. DCSS is an agreement in which two types of shares are issued by the very same firm, with one type of share conferring greater power compared to the other. The Indonesian Stock Exchange only allows for limited access for DCSS technology-related corporations to list on its Mainboard. To remain attractive as Southeast Asia's top financial centre, Indonesia needs to alter its securities regulations while making its listing market adaptable to meet the needs of various enterprises. This research aims to analyse and elaborate on permitting DCSS corporations to go public and devise suitable governance safeguards to guarantee the highest possible standards of corporate governance are upheld. This research explores the legal certainty and applicability of DCSS in the Indonesian equity market and abroad, using a qualitative approach and thematic analysis of secondary data. The major finding of this research is the acceptance of DCSS adds to issues with abuse of power by the controlling shareholders, which was outweighed by their cash flow rights. While those in favour of DCSS argue that the existing shareholders' main reason for choosing a DCSS arrangement is to preserve company control. Most major exchanges in the world have taken action to accommodate DCSS going public, like those in the USA, Hong Kong, Singapore, and China. Considering the magnitude of the Asian market, Indonesia can emulate the accomplishments of other exchanges too. A series of recommendations are provided to guarantee the highest standards of corporate governance can be upheld, such as: permitting DCSS for new entrants and innovative businesses, regulating the ownership of enhanced voting shares, and setting out sunset provisions for DCSS arrangement.Keywords: Company Law, DCSS, Dual-Class Shares, Equity Market.
Introduction Arundhati, Gautama Budi
Lentera Hukum Vol 11 No 1 (2024): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v11i1.47740

Abstract

Gig Economy: Unleashing the Potential of Digital Banking in Indonesia's Employment Regulations Sudirman, Lu; Disemadi, Hari Sutra
Lentera Hukum Vol 10 No 2 (2023): Human Rights and Economy in the Global South
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v10i2.39688

Abstract

The gig economy has transcended mere trend status, emerging as a resilient force that promotes economies, even in the face of adversities like the COVID-19 pandemic. The gig economy not only impacts employment law but also intersects with regulations governing digital banking. Surprisingly, despite the exponential growth of gig workers in Indonesia, little attention has been given to comprehensively elucidating the legal interplay between employment law and digital banking. Therefore, this research aims to analyze the potential and legal challenges posed by the gig economy's development in the Indonesian economy. This research uses the Global South perspective as the gig economy offers unique challenges to an environment where issues in employment are already a problem. Furthermore, it examines the utilization of digital banking as a mechanism to address the pressing issues faced by gig workers. The potential limitation of this study is the lack of comprehensive data and empirical evidence, which may restrict the depth of analysis and the generalizability of the findings. The rationale of this legal study is to address the lack of comprehensive understanding regarding the legal interplay between employment law and digital banking in the context of the gig economy in Indonesia and bridge the gaps to connect these concepts under the legal context. Employing a normative legal research method with a statutory approach, this study offers a conceptual analysis of these intertwined concepts and their alignment with Indonesia's existing positive laws. The findings reveal significant connections between employment law and digital banking yet highlight the absence of well-defined legal boundaries within Indonesia's legal framework. Consequently, this research catalyses a novel branch of legal development in Indonesia, focusing on the gig economy and its profound implications.Keywords: Digital Banking, Employment Law, Gig Economy.
The Interplay of Banking Development and Legal Reforms Marbun, Bachtiar; Santoso, Budi; Yunanto, Yunanto
Lentera Hukum Vol 11 No 2 (2024): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v11i2.47722

Abstract

The enforcement of mortgage rights plays a pivotal role in ensuring economic stability and protecting citizens' financial interests. Within the broader context of economic governance, the banking sector acts as a fundamental pillar, driving economic growth and safeguarding financial certainty. This study examines the regulatory framework governing the enforcement of mortgage rights in Indonesia, emphasizing its impact on financial security and the reduction of Non-Performing Loans (NPL). Through a normative juridical approach, this research analyzes the existing legal provisions in Indonesia and explores avenues for enhancing the mortgage enforcement process. In addition to legal analysis, philosophical discourse is employed to understand the practical challenges in enforcing mortgage rights. A comparative approach focuses on the Indian legal system, where mortgage rights can be executed without court intervention. India’s approach has effectively reduced Non-Performing Assets (NPA), offering valuable insights into Indonesia’s legal reform efforts. The study suggests adopting a comparable framework in Indonesia could streamline mortgage enforcement procedures, reduce litigation, and enhance financial stability. This research aims to contribute to Indonesia’s broader economic management and governance strategies by proposing legal reforms and promoting a more efficient, competitive, financial security, and equitable financial system.KEYWORDS: Legal Reform, Banking, Morgage Rights, Indonesia, India.

Page 21 of 23 | Total Record : 227

 19   20   21   22   23 

Filter by Year

2014 2025


Reset
Filter By Issues
All Issue Vol. 12 No. 2 (2025): LENTERA HUKUM Vol. 12 No. 1 (2025): LENTERA HUKUM Vol. 11 No. 3 (2024): LENTERA HUKUM Vol 11 No 2 (2024): LENTERA HUKUM Vol 11 No 1 (2024): LENTERA HUKUM Vol 10 No 3 (2023) Vol 10 No 2 (2023): Human Rights and Economy in the Global South Vol 10 No 1 (2023): Human Rights in Indonesia and Beyond Vol 9 No 3 (2022): LENTERA HUKUM Vol 9 No 2 (2022): LENTERA HUKUM Vol 9 No 1 (2022): LENTERA HUKUM Vol 8 No 3 (2021): LENTERA HUKUM Vol 8 No 2 (2021): LENTERA HUKUM Vol 8 No 1 (2021): LENTERA HUKUM Vol 7 No 3 (2020): LENTERA HUKUM Vol 7 No 2 (2020): LENTERA HUKUM Vol 7 No 1 (2020): LENTERA HUKUM Vol 6 No 3 (2019): LENTERA HUKUM Vol 6 No 2 (2019): LENTERA HUKUM Vol 6 No 1 (2019): LENTERA HUKUM Vol 5 No 3 (2018): LENTERA HUKUM Vol 5 No 2 (2018): LENTERA HUKUM Vol 5 No 1 (2018): LENTERA HUKUM Vol 4 No 3 (2017): LENTERA HUKUM Vol 4 No 2 (2017): LENTERA HUKUM Vol 4 No 1 (2017): LENTERA HUKUM Vol 3 No 3 (2016): December 2016 Vol 3 No 1 (2016): April 2016 Vol 3 No 3 (2016): LENTERA HUKUM Vol 3 No 2 (2016): LENTERA HUKUM Vol 3 No 1 (2016): LENTERA HUKUM Vol 2 No 3 (2015): LENTERA HUKUM Vol 2 No 2 (2015): LENTERA HUKUM Vol 2 No 1 (2015): LENTERA HUKUM Vol 1 No 2 (2014): LENTERA HUKUM Vol 1 No 1 (2014): LENTERA HUKUM Vol 1, No 1 (2014) More Issue