Lentera Hukum
Published by Universitas Jember
LENTERA HUKUM is a peer-reviewed open access academic journal and a triannual publication of the University of Jember, with issues in April, July and December. The Journal publishes works on all disciplines of law, including cross-disciplinary legal studies, which has been readily embraced by academics all over Indonesia. The publication of the Journal lays emphasis on works that are at the cutting edge of doctrinal, theoretical and empirical research. It aims to provide a leading forum for enhancement of communication between researchers and policymakers on the recent development of law and promote the development of the newly cultivated research fields related to legal issues.
Articles
48
Articles
Penetapan Tersangka pada Peradilan Koneksitas dalam Perkara Tindak Pidana Korupsi

Mawarni, Yusnita

Lentera Hukum Vol 5 No 2 (2018): July 2018
Publisher : Universitas Jember

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Abstract

Corruption is a criminal act, not only committed by civilians, but also by military members. Members of the military utilize procedural law called connectivity, in which cases are examined through the mechanism of connectivity. Neglecting the mechanism of connectivity results in uncertain legal implementation. The arrangement of the existing connectivity mechanism within the legislation includes the establishment of a permanent team: public court officials and military court officials whose implementation is considered complicated. While one official’s handling of cases would be considered corrupt, they instead commit the act of splitsing (the separated settlement of the case). The Corruption Eradication Commission (KPK), as an institution, has the authority to control and coordinate corruption criminal cases. In the case of a criminal act of connectivity, related to corruption cases handled by KPK investigators and military investigators, although it may not be examined through the mechanism of connectivity, it is still valid because the determination of the suspect on the offender is based on sufficient initial evidence. Yet, this connectivity mechanism is necessary so that the examination of the case will be a set of intact connectivity, stated in the legislation that regulates the handling of the crime of connectivity in order to sustain justice for all parties. Keywords:  Corruption, Connectivity, Determination of Suspects

Kewenangan Pemberian Izin Penggunaan Ruang Bawah Tanah dalam Proyek Mass Rapid Transit Jakarta

Azizah, Triasita Nur, Soetijono, Iwan Rachmad, Indrayati, Rosita

Lentera Hukum Vol 5 No 2 (2018): July 2018
Publisher : Universitas Jember

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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

Erwinsyahbana, Tengku, Melinda, Melinda

Lentera Hukum Vol 5 No 2 (2018): July 2018
Publisher : Universitas Jember

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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 notarys legal liability includes civil liability, criminal responsibility, UUJN-based responsibilities, and responsibility for performing his / her duties under the Notarys Code of Conduct. However, the limitation of the length of time the substitute notarys responsibility to the deeds he made, has not been explicitly regulated in the UUJN. Keywords: Deed, Authority, Notary Substitute, Responsibility

Pertanggungjawaban Ahli Waris Notaris sebagai Pejabat Umum atas Akta Notaris yang Menimbulkan Kerugian Para Pihak

Irawan, Anang Ade, Budiono, A. Rachmad, Wijayanti, Herlin

Lentera Hukum Vol 5 No 2 (2018): July 2018
Publisher : Universitas Jember

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Abstract

This article discusses the provision of Article 65 of Notary Law (UUJN) which contains the unclear time limit of the notarys 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

Ekologi Demokrasi: Temukan Cara-cara untuk Memiliki Kehidupan yang Kuat dalam Membentuk Masa Depan

Damaitu, Emanuel Raja

Lentera Hukum Vol 5 No 2 (2018): July 2018
Publisher : Universitas Jember

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Abstract

Buku ini merupakan salah satu buku yang membahas mengenai bagaimana konsep demokrasi yang seharusnya berjalan di masyarakat saat ini yang menekankan tidak hanya dengan memilih para wakilnya di  parlemen melainkan turut serta dalam merumuskan solusi dalam menghadapi permasalahan yang ada di masyarakat. Berbeda dengan buku-buku mengenai demokrasi lainnya, buku ini mengajak pembaca untuk menggugat politik retorika para elit politik dan menjadi sebuah pemahaman yang baru kemudia ditarik mejadi politik kerja ‘warga’ dengan melibatkan kepedulian setiap orang. Demokrasi yang ditulis dalam buku ini adalah dalam bentuk sebuah partisipasi seluruh rakyat untuk memenuhi kebutuhan bersama (hlm.21). David Mathews mengajak para pembaca untuk melihat kembali konsep demokrasi Amerika yang masih mencari kembali konsep demokrasi yang sesungguhnya.

Sistem Pemerintahan Indonesia: Pendekatan Teori dan Praktik

Yani, Ahmad

Lentera Hukum Vol 5 No 2 (2018): July 2018
Publisher : Universitas Jember

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Abstract Indonesia’s presidential system requires the separation of powers (executive, legislative and judiciary) as it is based on checks and balances. It is stated in the Indonesian Constitution, but it still needs further reform, particularly on the limitation of such tripartite powers. This article uses legal research to analyse and discuss theoretical and practical issues on the governmental system of Indonesia. Theoretically, the authority of state institutions in Indonesia encourages an executive-centered government system. In fact, in carrying out functions and authorities, state institutions do not reflect that the Indonesian system of government embraces the separation of powers. In addition, this study recommends the need for refinement and improvement efforts, to enforce ideal concept and practice. Keywords: Theory and  Practice, Governmental System, Indonesia

Kewenangan Pemerintah Daerah dalam Pemenuhan Bantuan Hukum bagi Masyarakat Miskin di Kabupaten Jember

Maimunawaroh, Siti, Antikowati, Antikowati

Lentera Hukum Vol 5 No 2 (2018): July 2018
Publisher : Universitas Jember

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Article 19 of the Law on Legal Aid provides the authority to local governments to deliver legal assistance to the poor by allocating budgets in the Regional Revenue and Expenditure Budgets, all of which are subsequently regulated by Regional Regulations. However, some areas have not yet implemented the mandate of Article 19 of this Legal Aid Law, because there is still doubt that the fulfillment of legal aid for the poor is part of the absolute government affairs relating to the justice sector. This includes establishing a Judicial Institution, appointing Judges and Prosecutors, establishing human rights and immigration policies, granting pardons, amnesty, abolition, legislation, Substitutionary Rules of Law, Government Regulations, and other national regulations. Unlike Jember Regency, which has legalized the Regional Regulation of Jember Number 6 Year 2016 regarding Legal Aid for the Poor, this Regulation of Jember Regency cannot be implemented since there is no Regent Regulation that regulates the implementation of the Regional Regulation. This article discusses how to regulate the authority of local government in fulfilling legal aid for the poor, and how to fulfill legal aid for the poor in Jember.  This article concludes with a suggestion for the Local Government of Jember to immediately approve the Regents Regulation as the implementing regulation of Jember District Regulation No. 6 of 2016 on Legal Aid for the Poor, and to provide opportunities for community participation in supervising the fulfillment of legal aid in Jember. Keywords: Local Government Authority, Legal Aid, Legal Protection, Poor People

Relokasi Permukiman Warga Bantaran Sungai Ciliwung di Provinsi Jakarta

Fitrianti, Nur Aini, Fadhilah, Nurul Laili

Lentera Hukum Vol 5 No 2 (2018): July 2018
Publisher : Universitas Jember

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As the population grows rapidly, more and more illegal settlements are built on state land that prohibits shelter, specifically in the Ciliwung River area. The Jakarta Provincial Government has a policy to relocate the residents of Ciliwung River, to ensure that the river and Ciliwung river functions return to normal. The government provides for relocation and the construction of flats, so residents may have increased wellbeing. We explore whether the relocation of Ciliwung River residents is in accordance with Law No. 2 of 2012, on Land Procurement for the Public Interest and Regional Regulation of the Special Capital Province of Jakarta No. 1 of 2012 on Spatial Plans. Normative juridical research concludes that the relocation of the settlement is in accordance with Law No. 2 of 2012 on Land Procurement for the Public Interest and Regional Regulation of the Province of Jakarta Capital Special Region No. 1 of 2012 on Spatial Planning. Keywords: Local Government, Relocation, River Basin Settlements

Hukum dan Bahasa: Refleksi dan Transformasi Pemenuhan Hak Ekonomi, Sosial dan Budaya

Rumpia, James Reinaldo, Tisnanta, H. S.

Lentera Hukum Vol 5 No 2 (2018): July 2018
Publisher : Universitas Jember

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The regulation of economic, social and cultural rights is always intertwined with language. Language is significant in the written dimension of legal protection and the legal fulfillment of rights. The text of the law is a commitment to fulfilling rights. Understanding the structure of the text is necessary to predict and reach the needs, as well as to fulfill the rights. States must be able to recognize legal texts that are aligned and responsive. These legal texts must favor the fulfillment of the civil rights through language that reflects and transforms elements of the economic, social, and cultural rights (ie. freedom, availability, accessibility, and conformity). Yet, it is often that the language in the legal text formulated is inconsistent and uncertain. Language as a tool of transformation can also become a tool that shackles. This issue requires an understanding of intertextuality, with respect to the text of the law. One strategy is to highlight the elements in legal texts: principles, standards, and concepts to enforce values and legal goals. This effort is intended to understand the various factors and relationships that affect the accuracy of meaning, and subsequently reflect on the purpose of formulating that legal text. The discovered weakness of the text can thus be reconstructed in responsive, progressive and communicative spaces and structures. Keywords: Language, Law Text, Reflection, Transformation, Socio-Economic and Cultural Rights

Kewenangan Penyidik Kepolisian untuk Melakukan Penyidikan terhadap Kasus Pidana Keterangan Palsu di Persidangan Pengadilan

Sulaiman, Priscilla Tazia

Lentera Hukum Vol 5 No 2 (2018): July 2018
Publisher : Universitas Jember

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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