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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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Ruling Second-hand Clothes Trade: An Analysis of International Environmental Law Amalia Zuhra; Arlina Permanasari; Gisca Nurannisa; Idris, Siti Hafsyah; Nasywaan, Muhammad Falih
Lentera Hukum Vol. 12 No. 2 (2025): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v12i2.42643

Abstract

The second-hand clothing trade has emerged as a significant global industry, with the export and import of used clothing playing a vital role in the worldwide economy. However, the environmental impact of this trade has become a significant concern, particularly in developing countries that receive large quantities of used clothing. Reusing used clothing can be motivated by various considerations, such as charity, economic issues, reducing emissions and water use, and as benefits for prisoners during wartime. However, it is still unclear how much it can improve the sustainability of the apparel sector. According to the U.S. Environmental Protection Agency's most recent estimates, Americans dumped more than 21 billion pounds of clothing and other textiles into landfills in 2015. This amount is a significant increase from 12.5 billion pounds in 2000 and 4.6 billion pounds in 1980. Yet the proliferation of the inexpensive, disposable clothing known as "fast fashion" is one of the many environmental issues the apparel sector faces, along with water pollution and greenhouse gas emissions. Through normative library research using secondary data, this article examines the current international regulatory frameworks on the second-hand clothing trade and its environmental impacts. The finding highlights the importance of engaging stakeholders, including governments, NGOs, and the private sector, in developing more effective regulations and practices to regulate the environmental impact of the second-hand clothing trade. This article recommends more significant attention to the environmental effects of the second-hand clothing trade and for international regulations to be developed to promote more sustainable and responsible practices in this industry.Keywords: International Law, Enviromental Law, Thrifting Policy.
Measurement of Quantum of Damages for Wrongful Termination of Employment in Nigeria: Gleaning Lessons from Ghana and Malaysia Abangwu, Nzeribe Ejimnkeonye; Oyibodoro, Ufuoma Garvin; Eyongndi, David Tarh-Akong; Shaba, Sampson; Opara, Faith Nwayemogho
Lentera Hukum Vol. 12 No. 2 (2025): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v12i2.46580

Abstract

In a master-servant employment relationship, when an employee’s employment is wrongfully terminated, the traditional measure of damages upon a successful legal challenge is the amount the employee would have earned during the agreed notice period. However, the National Industrial Court of Nigeria (NICN), empowered by the Constitution (Third Alteration) Act, 2010 to apply international best labour practices and International Labour Organisation (ILO) standards, has departed from this position. This departure was affirmed by the Court of Appeal (CA) in Sahara Energy Resources Ltd. v. Oyebola, where the court held that, in deserving cases, damages exceeding the ordinary notice period can be awarded. This paper utilises an analytical method to examine the impact of this decision on the jurisprudence of damages for wrongful termination in Nigeria. It probes whether the decision permits the NICN to award unpredictable damages that prejudice employers. The paper argues that the decision promotes employment security amidst Nigeria's unprecedentedly high unemployment rate. By examining current legislation and practice in Ghana and Malaysia, this research aims to draw lessons for Nigeria. It concludes that the decision is a welcome development. The paper recommends that the CA, as the final court on labour matters, should sustain this precedent, as it aligns the law with modern realities. Furthermore, the decision should be given statutory backing by amending relevant domestic labour legislation, as is the case in Malaysia and Ghana. Keywords: Dismissal, Ghana, Malaysia, Nigeria, National Industrial Court of Nigeria.
Revamping Partnership Agreements to Empower Micro, Small, and Medium Enterprises in the Processed Marine Fish Food Industry Badriyah, Siti Malikhatun; R. Suharto; Retno Saraswati; Marjo
Lentera Hukum Vol. 12 No. 2 (2025): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v12i2.48815

Abstract

Due to its abundant resources, Indonesia holds significant potential for developing its processed food industry using marine fish as a raw material. Micro, Small, and Medium Enterprises (MSMEs) are central to this sector. However, these enterprises need more capital, knowledge, technology, and marketing, distribution, and licensing. Therefore, collaboration with larger business entities through partnership systems is crucial. Currently, the legal relationships within these partnerships are based on agreements, but specific regulations often lead to imbalanced relationships between the parties involved. This research emphasizes the need to reconstruct regulations on partnership agreements to foster MSME development in the processed food industry. The government should conduct comprehensive socialization in collaboration with various stakeholders, including business actors, community leaders, and academics, to educate MSMEs and large business actors about the importance of business partnerships and their legal aspects. The legislative body should also formulate specific regulations to provide balanced legal protection for all parties involved.Keywords: MSMEs, Processed Food, Business Partnership, Agreement, Regulation.
Constitutional and Legal Landscape of Right to Be Forgotten in India Sharma, Manoj Kumar; Kaur, Prabhjot
Lentera Hukum Vol. 12 No. 2 (2025): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v12i2.50274

Abstract

The right to be forgotten has emerged as an important right in the internet era, where on one hand information multiplies almost every day and on the other hand, the information appears to be preserved eternally. The presence of huge amounts of information in the public domain, particularly personal information, raises concerns about privacy in the digital era where sensitive information is often retained in the public domain, at times without consent of the data holder. When examined from the perspective of criminology and penology, the availability of information in the public domain about the past behavior of people adversely affects the chances of rehabilitation and reformation due to societal taboos. This raises an important question as to why one should suffer because of their past acts, thus underscoring the importance of the right to be forgotten. This paper traces the evolution and contours of the right to be forgotten in the European Union, the UK, the USA, and India, highlighting challenges in its implementation and recognition. The constitutional and legislative measures to recognize and enforce this right have also been examined in the light of judicial decisions. Keywords: Right to be Forgotten (RTF), Right to Privacy, Court, Constitution, Data.
Modern Slavery and Criminal Law: Literature on Legal Responses from Human Rights Perspectives Kankana Das; Sharma, Prakash
Lentera Hukum Vol. 12 No. 2 (2025): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v12i2.52541

Abstract

The complex issue of modern slavery affects millions. Notwithstanding global and local initiatives to eradicate it, it has manifested in various forms, including human trafficking, forced labour, debt bondage, and other forms of exploitation. This literature study aims to elucidate the pressing issue of contemporary slavery as a significant challenge, alongside an examination of the inadequacies present within the current legal framework in India. The primary inquiry revolves around the escalating threat of modern slavery in contemporary times. Here, the paper tries to examine, what are the current laws, and why are they ineffective in addressing the emerging forms of exploitation in the modern era? The scholarship on this topic originates from three overarching strands of writing. The first strand examines the detection of criminal exploitation and modern slavery within the current legal framework and advocates for the dedicated enforcement of these laws to protect vulnerable individuals from becoming victims of exploitation. The second research strand aims to analyse the economic markets and commercial entities in India to assess their compliance with regulations against modern-day slavery. Additionally, it seeks to enhance corporate responsibility by enforcing labour standards in supply chains. The third strand of literature focuses on the risk factors and root causes of contemporary slavery and criminal exploitation. In this perspective, the paper aims to understand, first, the exact processes through which modern slavery occurs; secondly, the factors that lead people to engage in exploitative situations, such as their already miserable and defenceless situation and their vulnerability to becoming victims of criminal activity; and thirdly, the possible preventive and corrective interventions. Keywords: Modern Slavery, Criminal Exploitation, Supply Chain, Business Entities, Human Rights.
Preserving Cultural Heritage in Aceh: Legal Frameworks and Community Initiatives in Gampong Pande Hasan Basri M. Nur; Abdullah, Munawiah; Husda, Husaini; Mukhtar, Marduati; Armia, Muhammad Siddiq
Lentera Hukum Vol. 12 No. 2 (2025): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v12i2.53740

Abstract

This paper examines the efforts to preserve cultural heritage in Aceh, Indonesia, with a specific focus on Gampong Pande, one of the oldest and most historically significant areas in Banda Aceh, Indonesia. As a site of early Islamic civilization in the region, Gampong Pande holds valuable tangible and intangible cultural assets, including ancient tombs, artifacts, oral traditions, and Islamic scholarly heritage. However, these cultural resources face increasing threats due to urban development, environmental degradation, and a lack of comprehensive preservation strategies. The study explores how the legal frameworks at the national and regional levels, particularly the implementation of Qanun (Acehnese regional regulations), are employed to protect and manage cultural heritage. These legal instruments provide a foundation for cultural governance, yet their effectiveness often depends on enforcement mechanisms and institutional coordination. In parallel, this study emphasizes the critical role of local communities in cultural preservation. It highlights how the residents of Gampong Pande have initiated grassroots movements to protect historical sites, resist commercial encroachment, and revive cultural practices. These initiatives demonstrate the importance of community participation, local wisdom, and intergenerational knowledge transfer in heritage conservation. This research underscores the need for a more integrated and participatory approach that combines top-down legal policies with bottom-up community action. It calls for stronger collaboration among government agencies, civil society, academic institutions, and local leaders to ensure the sustainable preservation of cultural heritage in Aceh. In conclusion, the preservation of Gampong Pande’s heritage means protecting physical structures and maintaining the region’s historical identity, spiritual legacy, and cultural continuity amid ongoing modernization and change. Keywords: Cultural Heritage, Aceh, Gampong Pande.
How Public Procurement Policies Influence Sustainable Development Goals in Developing Countries: A Case Study in Vietnam Quang, Tuyen Nguyen; Van, Tuan Vu
Lentera Hukum Vol. 12 No. 2 (2025): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v12i2.53766

Abstract

This research explores the role of public procurement in promoting sustainable development in Vietnam and examines how procurement policies align with the United Nations' Sustainable Development Goals (SDGs). As public procurement is a significant tool for achieving sustainable development, this study investigates the effectiveness of Vietnam's Law on Bidding, No. 22/2023/QH15, in integrating sustainability into public procurement practices. The study employs a qualitative case study method, utilizing primary data from document analysis, interviews with key procurement sector stakeholders, and secondary data from existing literature and governmental reports. The results indicate that although Vietnam has made progress in fostering green public and social procurement, the legal framework remains fragmented, with limited integration of comprehensive sustainability criteria across all procurement sectors. Challenges such as limited institutional capacity, market unpreparedness, financial constraints, and corruption continue to impede the effective implementation of sustainable procurement. In comparison with other developing countries like South Africa, India, and Brazil, Vietnam's approach is still in its early stages of development. The study concludes that while Vietnamese public procurement policies have the potential to generate greater sustainability, they require stronger regulations, enhanced institutional capacity, and greater market support. Strengthening the link between procurement and the SDGs is essential for achieving Vietnam’s long-term environmental, social, and economic sustainability goals.Keywords: Economic growth, Government spending, Procurement regulations, Procurement system, Public procurement.

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