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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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Formulasi Korporasi sebagai Subjek Hukum Pidana dalam Regulasi Lingkungan Hidup di Indonesia Mujiono, Mujiono; Tanuwijaya, Fanny
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.v6i1.9590

Abstract

The existence of human life is extremely dependent on the environment, and the environment has provided free various needs for humans, which is an absolute requirement so that humans can maintain their lives. Environmental problems are essentially human ecological problems and environmental problems arise as a result of environmental pollution. This is an element of many negligence errors committed by companies or legal entities that operate, including the element of deliberate and negligent use of environmental law through Law No. 32 of 2009, concerning Environmental Protection stated in Article 116 UUPPLH. Corporate liability in environmental crime is the subject of discussion in cases with the decision register number No.1405K / Pid.Sus / 2013, namely PT. KARAWANG PRIMA SEJAHTERA (PT. KPSS), which is engaged in the metal, steel, and export-import aluminum and trade industry. In its location, PT KPSS produces Aero Slag waste from iron and steel smelting, bottom ash waste and fly ash obtained from the burning of coal in power plans. The criminal responsibility of environmental crimes is also carried out by PT KALISTA ALAM, which operates in the fields of plantation, industry, supplier, and shipping in the oil palm business. In its violation, PT KALISTA ALAM has opened land by burning it, which is carried out continuously to expand oil palm cultivation/ In the verdict, No. 131 / Pid.B / 2013 / PN.MBO, the company was charged for committing environmental crimes. Keyword: Environmental Pollution, Environmental Crime, Criminal Accountability
Juridical Analysis on the Criminal Act of Online Shop Fraud in Indonesia Karo Karo, Rizky; Sebastian, Agnes
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.v6i1.9567

Abstract

The development of technology has led to the sales and purchases of products and services online. However, the absence of a physical store prevents the prospective buyers from physically assessing the quality of the product/service. This leads to the emerging issue of online shop fraud. This paper aims to analyse the scope of online shop fraud within Indonesian laws and regulations, as well as the legal enforcement by Indonesian authorities to eradicate online shop fraud. This research uses the normative juridical method, which utilises secondary data such as books, journals and relevant legal products. This research finds that the Criminal Act of online shop fraud is regulated under Article 28 paragraph 1 of Law Number 11 Year 2008 following its amendment to Law Number 19 Year 2016 on Electronic Information and Transaction. The current efforts for legal enforcement of online shop fraud is performed in both preventive and repressive manners. Keywords: Online Shop, Fraud, Cybercrime
Hak Pilih Penyandang Disabilitas dalam Pemilihan Umum di Indonesia Rahman, Moh Syaiful; Indrayati, Rosita
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.v6i1.8182

Abstract

The birth of Law No. 7 of 2017, as compared to Law No. 42 of 2008 about the General Election of President and Vice President, includes a difference in Article 5. The requirement in Article 5 is not followed by an explanation of what are the requirements that must be fulfilled by persons with disabilities, and there is no mention of the requirement so as to raise the question of such requirements are contradictory to the 1945 Constitution of the State of the Republic of Indonesia more specifically those requirements are contradictory or not with Law Number 39 of 1999 Article 43 that every citizen has the right to be elected and elect in elections based on equality of rights through voting in accordance with the provisions of legislation. The research used for preparation of this thesis is juridical normative.This research uses legislative and analytical approaches. Persons with disabilities enrolled in the Special Electoral List may empower persons with disabilities to exercise their suffrage. Keywords: Suffrage, Disability and General Elections
Good Selling Buying Agreement and Legal Protection for Sellers Eleanora, Fransiska Novita; Sari, Andang
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.v6i1.9833

Abstract

The concept of the agreement is accorded to Article 1313 of the Civil Code (KUHPdt). According to the Civil Code, what is said as an act is an agreement with one person with another person and can be said more and in mutual binding. The scope of the agreement is too broad, including the marriage agreement regulated in the field of family law. A unilateral agreement is an agreement that is not allowed which is indeed not only coming or popping up from various parties or parties, and also not permitted between the two or the other parties. In the agreement there should be an element of binding to each other, meaning that the party from the other agreement maker can always tie themselves to the other party and the other party also binds themselves to those who are different or different. The agreement is evident between the two parties. Without stating the purpose in an agreement by the parties that make the agreement and for what the agreement was made, moreover the contents of the agreement are unclear and prohibited by law. This study uses a research method that is literature study where by referring to literature or books and the rules of existing or normative legislation. The results achieved are then it can be said that the agreement is null and void. According to these reasons, the concept of agreement can be formulated with an agreement in which in the field called assets occurs something or things and material things that are mutual to always bind themselves from the seller or buyer to implement the agreement. Agreements that have been implemented must be carried out in accordance with the rights and obligations of each party and there is no default or negligence in carrying out their obligations so that they can be said to have good intentions in the agreement. Keywords: Legal Protection, Seller, Good Faith
Kepastian Hukum dalam Pasal 112 dan 127 Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Resnawardhani, Fitri
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.v6i1.8978

Abstract

Narcotics are commonly used for the world of health. Along with the times, the use and development of narcotics are increasing, no longer for health services. In Law Number 35 of 2009, concerning narcotics, there are many articles that discuss multi-interpretations. Among them include Article 112 and Article 127. This article tries to understand whether Article 112 and Article 127 have provided legal certainty against the Protecting and Fighting of Narcotics Borders, as well as discusses the policy formulation of ius constituendum on the protection and overcoming of narcotic acts. The type of research used is normative juridical, namely legal research, that establishes laws as a building system of norms. Article 112 and Article 127 of the Narcotics Law have not provided legal certainty, because the article editorial still contains multiple interpretations and meanings. Article 112 stipulates not to sell and circulate the editorial. This article ends with a suggestion to add to the article provided in Article 112. Keywords: Narcotics, Narcotics Abusers, Actors of Narcotics Crime
Kewenangan Pemberian Izin Penggunaan Ruang Bawah Tanah dalam Proyek Mass Rapid Transit Jakarta Triasita Nur Azizah; Iwan Rachmad Soetijono; Rosita Indrayati
Lentera Hukum Vol 5 No 2 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i2.6534

Abstract

As the capital of Indonesia, DKI Jakarta is classified as having the highest population density, resulting in emergent problems in transportation- specifically traffic congestion. The use of basements may be a potential alternative in solving congestion problems in DKI Jakarta. In terms of licensing the use of underground space, used by PT Mass Rapid Transit Jakarta (MRT) as the responsibility of MRT infrastructure implementation and procurement, the authorized licensing is governed through regulation. From a legal perspective, a central issue may be the lack of clear legislation regarding the use of the basement. Therefore, an analysis of the governor’s licensing mechanism is required, as well as the governor’s issue of conformity with regulations, in addition to the legislation pertaining to the crypt. With normative juridical research, this article argues that those authorized to grant permits for the use of basements in an area are public officials, rather than the laws and regulations. The results of the study indicate that the mechanism of licensing the use of basements has been in accordance with the laws, as are the regulations through the regional authority to implement the regional autonomy. Keywords: Underground, Power of Local Government, Permissions
Kewenangan dan Tanggung Jawab Notaris Pengganti setelah Pelaksanaan Tugas dan Jabatan Berakhir Tengku Erwinsyahbana; Melinda Melinda
Lentera Hukum Vol 5 No 2 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i2.7339

Abstract

Abstract As an honorable position and profession, the notary replacement also has obligations that must be implemented, either based on laws and regulations that specifically regulate notary public (UUJN), or other laws and regulations. The authority of a notary substitute shall be the same as that of a notary public, comprising of general authority, special powers, and powers that shall be determined later in accordance with the laws and regulations. The replacement notary's legal liability includes civil liability, criminal responsibility, UUJN-based responsibilities, and responsibility for performing his / her duties under the Notary's Code of Conduct. However, the limitation of the length of time the substitute notary's responsibility to the deeds he made, has not been explicitly regulated in the UUJN. Keywords: Deed, Authority, Notary Substitute, Responsibility
Implikasi Yuridis Kebijakan Formulasi Alat Bukti Elektronik Eko Surya Prasetyo; Y.A. Triana Ohoiwutun; Halif Halif
Lentera Hukum Vol 5 No 2 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i2.7469

Abstract

Formulation policy occupies a strategic role in the efforts to eradicate criminal acts, as law enforcers are bounded by prevailing laws and regulations. The issue of article formulation is only the surface of the problem when using electronic evidence in practice. The Law Number 31, Year 1999, on Corruption Criminal Act acknowledges electronic evidence as an extension of “petunjuk”, while in The Law Number 8 Year 2010, the Money Laundering Criminal Act, electronic evidence is recognized as an independent instrument of evidence. This article examines the underlying reasons for differences in formulation policy, in terms of the legislator's rationales. This article will also expose juridical implications for the recognition of electronic evidence in both acts. The article uses normative yudiris-legal research that analyses law through a building norm system. Based on legislative review, by tracking the legislation rationale, it is found that there is no fundamental reason for the classification, but it is only a legal policy because of legislation Based on the conceptual study, it is understood that electronic evidence, “petunjuk”, is weaker than independent evidence. This article concludes with the suggestion to include electronic evidence in the Criminal Procedure Code (KUHAP), with a ‘stand-alone’ position that is not part of other evidence. Keywords: Formulation Policy, Electronic Evidence
Pertanggungjawaban Ahli Waris Notaris sebagai Pejabat Umum atas Akta Notaris yang Menimbulkan Kerugian Para Pihak Anang Ade Irawan; A. Rachmad Budiono; Herlin Wijayanti
Lentera Hukum Vol 5 No 2 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i2.6992

Abstract

This article discusses the provision of Article 65 of Notary Law (UUJN) which contains the unclear time limit of the notary's responsibility in performing his duties as a public official. The article does not provide explicit explanations to the extent to which the notary no longer holds the responsibility after termination or death to the authentic deeds made. The purpose of this study is to know, identify and analyze the form of accountability of notary heirs as general officials on notarial deeds that cause harm to the parties. By using normative research, there are research results among others. First, based on the theory of fautes personalles, the theory which states that losses to third parties are imposed on officials who because of their actions have caused harm. Second, according to the theory of inheritance that becomes the object of the estate is a wealth in the sense of assets and liabilities. Unlawful acts of civil law are per-artificial wrong done by individuals, so it can not be associated with heirs. The government should make a clearer regulation of the deadline of notary responsibility by adding a separate chapter to the UUJN that regulates notary responsibility. Keywords: Responsibility, Notary Public Notary, Public Official, Notary Deed
Kewenangan Penyidik Kepolisian untuk Melakukan Penyidikan terhadap Kasus Pidana Keterangan Palsu di Persidangan Pengadilan Priscilla Tazia Sulaiman
Lentera Hukum Vol 5 No 2 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i2.6777

Abstract

Article 160, paragraph (4), Act Number 8, Year 1981, Code of Criminal Procedure states that witnesses are obliged to take an oath in accordance with their religion, before providing a statement in courts. It is aimed to prevent witnesses from providing a fake statement, as it is strictly prohibited in Article 174 Code of Criminal Procedure and Article 24, Criminal Code. In practice, it has resulted in contentious views of the application of such articles. In one regard, the procedure settles the problem of fake statements, as it does not require a report or an investigation, but only the ruling of judges. In contrast, another argument states that it does not require the ruling of judges, so that witnesses can be reported to police for investigation. This article revisits the power of police to investigate a fake statement in courts. By using legal research, the results of the study show that Article 242 Criminal Code remains to be applied in cases of fake statements, with the absence of a judge’s ruling. Therefore, police remains to be granted the power to investigate fake statements. Keywords: Investigation, Witness, Fake Statement

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