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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
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Articles 227 Documents
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Perlindungan Hukum terhadap Pencipta atas Pencatatan Suatu Ciptaan yang Sama Riko Sulung Raharjo; M. Khoidin; Ermanto Fahamsyah
Lentera Hukum Vol 5 No 3 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i3.8809

Abstract

Copyright recognizes a declarative system in which the state automatically protects a creation after it was born, without having to be preceded by registration. Article 64 of Copyrights Act Number 28 of 2014 (Copyright Act) confirms the registration, even though it is not a necessity for the creator. This study aims to examine and analyze the legal consequences, forms of legal protection, as well as the future conception of regulations relating to the recording of similar work, by using legal research as its method. The results of the study indicate that the legal consequences on the similar work to the registration, inter alia, the abolition of the power of law for the registration of works, compensation for the creator, and criminal threats. Based on the theory of legal certainty, a provision is a form of legal certainty provided by the Copyright Law. There is a form of legal protection for the creator of the registration of the similar creation, inter alia, the abolition of the power of the law for registering the work by the court, the creator has the right to compensation, and the creator has the right to sue criminally. Based on the theory of legal protection, a provision is a form of protection provided by the Copyright Law. The future conception of the regulation of registration of creation, so that it can provide legal protection against the creator through the renewal related to the addition of authority and procedures in conducting checks for ministers in the case of the registration of creation since it was first realized and announced. Based on the theory of legal certainty and the benefits of law, change and renewal can provide legal certainty and legal benefits for the creator and his creation. Keywords: Creator, Recording of Creations, Same Creations
Tanggung Jawab Pelaku Usaha Pertambangan Rakyat dalam Reklamasi Gumuk Setelah Kegiatan Tambang Ade Lutfi Prayogo
Lentera Hukum Vol 5 No 3 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i3.8201

Abstract

The responsibility in the mining businesses on the post-mining reclamation activities applies to all mining business permits including holders of the People's Mining Permit (IPR). The arrangement of post-mining land reclamation activities for small-scale mining business people on what so-called ‘gumuk’ mining is still not efficient regarding its making and implementation. The legal responsibility of IPR holders in the preparation of planning, implementation, and sanctions depends on regulations made by the regional government. There is a normative gap while there is a lack of guarantee costs for post-mining reclamation due to the absence of mandatory guarantee funds. This is the evidence that there are still many regional governments that have not made regulations on reclamation and post-mining by IPR holders. Therefore, it is necessary to regulate reclamation and post-mining activities for community mining businesses. There is a need to add norms to the implementation rules so that environmental functions can work properly. Keywords: Mining Business, People's Mining Permit, Regional Government
Permohonan Tanah Ulayat di Minangkabau Menjadi Tanah Hak Milik Siti Raga Fatmi
Lentera Hukum Vol 5 No 3 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i3.8291

Abstract

Communal land is an asset owned by customary law communities and jointly managed by members of customary law communities. Customary land in Minangkabau has been recognized in Indonesian law and mentioned in Article 3 of the Basic Agrarian Law Number 5 of 1960 (BAL). This article requires customary laws to exist and corresponding to the current development. In fact, although a communal land in Minangkabau is administered collectively, the later development shows that such a communal land has been converted to the proprietary right by customary law communities due to the demand for legal recognition. BAL states that property rights are hereditary, strongest, and fulfilled rights owned by a person on a piece of land. Since there is no regulation governing the transfer of communal land to land ownership, the customary elders and regional apparatus make procedures for the transfer of communal land with certain conditions. As a result, only certain persons can submit an application for ownership of customary land into proprietary land. Keywords: Communal Land, Proprietary Rights, Basic Agrarian Law
Legitimasi Peraturan Pemerintah Pengganti Undang-Undang dalam Ratifikasi Perjanjian Internasional Tertentu Fitri Lestari
Lentera Hukum Vol 5 No 3 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i3.8097

Abstract

One of the challenges for the state is how it ratifies international agreements. Indonesia has arduous tasks due to its late to ratify international conventions or agreements, even though such international instruments are needed for national interests. Based on Law Number 24 of 2000 on the International Agreement, it is stipulated that the ratification of an international agreement in Indonesia uses two instruments, inter alia laws and presidential regulations. To adhere to this view, the compelling exigency is essential to analyze as it has been a challenge to overcome and anticipate obstacles in the ratification process and there is an importance to set a period of time to the ratification of special international agreements. There is a possibility to use the Perppu or the government regulation in lieu of law to the ratification of international agreements due to its legitimacy equivalent to the law. Keywords: Ratification, International Agreement, The Government Regulation in lieu of Law
Studi Komparasi Hak Waris dalam Hukum Adat dan Islam di Masyarakat Madura Perantauan Desa Jelbuk, Kecamatan Jelbuk, Kabupaten Jember Nur Nafa Maulida Atlanta; Dominikus Rato; Emi Zulaikha
Lentera Hukum Vol 5 No 3 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i3.8242

Abstract

The rules of inheritance customary law are legal norms that regulate how the objects or inheritance are distributed to heirs from generation to generation. Each region is inseparable from the influence of different kinship arrangements, including patrilineal, matrilineal, parental or bilateral. The heterogeneous village of Jelbuk has indigenous tribes, namely the indigenous Jelbuk tribe who was born and settled in Jelbuk Village and the majority are Madurese. In addition, there are migrated Madurese people, where the indigenous Madurese bond with the Jelbuk people so that they finally decide to stay and do inheritance, so that the purpose of the research is the inheritance system and gender. This paper uses an empirical juridical method with the case approach of written customary law (socio-legal) and comparative approach. Keywords: Inheritance, Customary Law, Migrated Madurese
Kebijakan Kepemilikan Rumah Susun di Indonesia Febriani, Ayu Fitria
Lentera Hukum Vol 6 No 1 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i1.8286

Abstract

In the concept of agrarian law, it is not something new anymore that the land is getting less and less while the human need for land increasingly day increases. This is what makes the government then make a policy in the construction of housing in the form of horizontally building homes to save land called flats. The development of the flats is expected to meet the needs of the community will be a place to live and can improve the quality of life of the community. but over time, in perkembangnnya development of flats is also not free from various problems. This article examines the legal certainty of the ownership status of apartment units, not only from the land ownership aspect in which the high rise is built, but also includes the initial publication of the master certificate issued on behalf of the developer for the first time. Developers as business actors in trust by the government to get the first certificate of a development of flats, this often affects the inhabitants of apartment units. Although each resident of a flats unit may own / hold property certificates of units from separate flats between joint and individual sections, sometimes ownership status with a title certificate also can not protect the inhabitants of various disputes. Therefore, to minimize the occurrence of disputes, legal certainty becomes important to protect the parties concerned so as not to harm each other. Legal protection in such cases can be done by means of preventive law protection and repressive law protection.
Perlindungan Hukum Mitra Ojek Daring di Indonesia Mawanda, M Kharis; Muhshi, Adam
Lentera Hukum Vol 6 No 1 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i1.9203

Abstract

As one of the countries with the highest population density in the world, the opportunity to work in Indonesia is not directly proportional to its population density so that the number of unemployed is still relatively high. The development of technology has entered in business and it is seen as an alternative with its emergence of the online transportation service providers such as Go-Jek. In the case of partnership agreements used by partners with Go-Jek, partners as parties that have weak bargaining power while Go-Jek has strong bargaining power. From a legal standpoint, the main problem is the absence of legislation that clearly regulates online motorcycle taxis and partnership agreements between partners and Go-Jek. Therefore, it is necessary to analyze the online motorcycle taxi, and the legal protection aspects against partners based on partnership agreements and legal remedies in the event of a dispute in the implementation of the partnership agreement. With doctrinal research, this article argues that the partnership agreement is an agreement on innominaat so that in its implementation it should not conflict with the laws and regulations on it. The results of the study indicate that online motorcycle taxis have not yet been regulated in Indonesian laws and regulations, the partnership agreement has not provided legal protection for partners and in the event of a dispute, there can be legal action in accordance with the partnership agreement clause. Keywords: Legal Protection, Partnership Agreement, Online Taxi.
Perlindungan Hukum terhadap Notaris yang Beritikad Baik Membuat Akta Jual Beli Saham dalam Kasus Tindak Pidana Pencucian Uang Rahmat, Andi Muhammad
Lentera Hukum Vol 6 No 1 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i1.9669

Abstract

This study discusses the legal protection against a notary who has good faith to make the contract of sale with stock in this case of criminal money laundering. To this extent, the study examines the legal protection for notaries who are eligible to be victims from the money laundering cases caused by user services. This study uses normative legal research with statute, philosophical and historical approaches. This study finds that legal protection for notaries referred to Articles 66 and 66A of the Notary Act is essentially tended to internal or administrative measures. Nevertheless, notaries have verschoningsrecht or the right to renegade, another instrument for legal protection in undertaking the Notary Act. The legal protection concept for notaries with the determinate profession on the informant side has been determined limitedly under Article 17 paragraph 1 of the Money Laundering Act. Keywords: Construction, Legal Protection, Notary, Money Laundering
Model Kontrol Keimigrasian dalam Mencegah Tindak Pidana Terorisme di Indonesia Citrawan, Harison; Nadilla, Sabrina
Lentera Hukum Vol 6 No 1 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i1.9819

Abstract

This article attempts to elaborate an immigration control model that is capable in preventing terrorist activities in Indonesia. By observing several terrorism case-laws, this study draws a nexus between terrorism and several aspects within immigration, including passport issuance, border control, foreigner surveillance, and visa and entry permit issuance. Technically, in relation to such a nexus, this study finds that the current immigration control model is built upon three elements of duty: namely intelligence, surveillance, and border control. In principle, these three elements ought to be executed as an interconnected cycle. Consequently, a preventive control model should be circular, in the sense that any activities between elements of duty cannot be separated from one another. In order to become an established terrorism prevention mechanism, this control model requires information and data exchange amongst the immigration units. Moreover, any involvements from other institutions, such as police, BNPT, BIN, and NCB-Interpol are also preconditioned to ensure the efficacy of the circular model. Keywords: Immigration, Control, Terrorism
Menimbang Kewenangan DPR dalam Penggunaan Hak Angket Pada Kasus Korupsi KTP Elektornik Firdaus, Fahmi Ramadhan; Anggono, Bayu Dwi
Lentera Hukum Vol 6 No 1 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i1.9545

Abstract

In Indonesia, the control function of the House of Representatives (DPR) includes interpellation rights, inquiry rights and the right to express opinions. In 2017, the DPR's inquiry rights to the Corruption Eradication Commission (KPK) were considered unconstitutional because the law did not include the KPK as the object of the inquiry mechanism. However, the Constitutional Court (MK) in Decision Number 36 / PUU-XV / 2017 defined KPK as an executive so that this institution can be monitored through the inquiry mechanism. This court's decision, however, contradicts to the four previous decisions which classified KPK as an independent institution. This article examines the validity of the DPR's inquiry rights to the KPK by considering the DPR's inquiry rights as a form of a mechanism for mutual checks and balances to the other state institutions. In practice, there are both formal and material rules that must be fulfilled so that their implementation is legally valid and the DPR's inquiry rights to the KPK in cases of the electronic KTP corruption ignore these conditions. This article recommends that the DPR be careful when using inquiry rights as a monitoring mechanism. Keywords: Inquiry rights, House of Representatives, Corruption Eradication Commission

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