Lentera Hukum
Published by Universitas Jember
ISSN : 23554673     EISSN : 23554673
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
58
Articles
Artikel Penyelesaian Sengketa Laut Antara Indonesia dan Malaysia di Wilayah Selat Malaka Menurut Hukum Laut Internasional

Yuseini, Maulidya, Rachmawati, Dian, Yuardini, Fransiska, Syaifuddin, Hafidh Lukmam

Lentera Hukum Vol 5 No 3 (2018): December 2018
Publisher : Universitas Jember

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Abstract

Abstract Dispute settlement between Indonesia and Malaysia in the Malacca Strait Region started with the unilateral claims of both countries. The prevailing these unilateral claims resulted in the area of Exclusive Economic Zone in the Malacca Strait to overlap. UNCLOS 1982 is the existing International Law of the Sea and both countries ratified to this Convention. The purpose of this article is to find out how to resolve sea border disputes between Indonesia and Malaysia in the Malacca Strait Region under the Law of the International Sea. This article is also aimed to provide a narrative to the factors underlying the existing maritime border dispute. Keywords: Disputes settlement, Malacca Strait, Overlapping

Tindak Pidana Kelalaian Menyebabkan Luka yang Dilakukan oleh Dokter Gigi

Qomariyah, Selly Ismi, Ohoiwutun, Y.A Triana, Prihatmini, Sapti

Lentera Hukum Vol 5 No 3 (2018): December 2018
Publisher : Universitas Jember

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Abstract

There is a substantial difference between the ordinary crime related to its results and that related to its causes. In order to classified as a crime, the negligence carried out by medical personnel needs to be previously described regarding the fulfillment of the elements of lawlessness. This paper analyzes whether there is medical malpractice and with the following lawlessness in the court decision number 257/Pid.B/2015/PN.Dps. Throughout the analysis, it will provide a comprehension to the qualification of whether malpractice, medical negligence or medical risk. The result of the study finds that such a crime can be qualified to medical malpractice, even though he did not fulfill the nature against formal law but it meets the element of nature against material law. Keywords: Medical Malpractice, Lawlessness, Crime

Sistem Pemidanaan dalam Perkara Pidana Pencabulan terhadap Anak

Antika, Santi Dewi, Tanuwijaya, Fanny, Martuasamosir, Samuel Saut

Lentera Hukum Vol 5 No 3 (2018): December 2018
Publisher : Universitas Jember

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Abstract

As the nations  future generation, children have the right to protection of the environment which endangers their growth. One form of child protection is specifically regulated in Law Number 35 of 2014 on the Amendment to Law Number 23 of 2002 on Child Protection (Child Protection Act). Decency crime against children as in case Number 535 / Pid.sus / 2015 / PN.Bls, in the case the judge drops Article 82 Paragraph (1) of the Child Protection Act. This article contains two problems, inter alia, the judges decision in case Number 535 / Pid.sus / 2015 / PN.Bls  whether it is in accordance with Article 82 paragraph (1) or Article 81 Paragraph (2) of the Child Protection Law and whether the witnesses are examined in case Number 535 /Pid.sus/2015/PN.Bls complies with Article 171 of the Criminal Procedure Code (KUHAP). This study uses the method of legal research with conceptual approach. The results and conclusions obtained in the writing of this article, that the judge must be more thorough in proving the elements of the article, and examine the witness more carefully to see the provisions of Article 171 of the Criminal Procedure Code. Keywords: Judges decision, molestation, and child

Peran Dewan Kehormatan Penyelenggara Pemilu dalam Menjaga Kemandirian dan Integritas Pemilihan Umum di Indonesia

Puspitasari, Dyan

Lentera Hukum Vol 5 No 3 (2018): December 2018
Publisher : Universitas Jember

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Abstract

Nowadays, Indonesia remains challenged to the barrier in means of transportation, especially in small areas in which it makes arduous the Election Organizers Honorary Council (DKPP) to carry out its duties. Based on Article 25 of DKPP Regulation Number 2 of 2012, one of the facilities provided to DKPP is the implementation of a long-distance trial by video conference. There are a number of challenges faced by DKPP, including the relatively new age so that people do not really know this institution. In addition, the DKPP institution is quite limited to being located only in the capital, while the task of the institution encompasses national jurisdiction. The geographical condition of Indonesia is broad and consists of many areas also make the response to ethics code violations less efficient along with issues of compliance with DKPP decisions. Thus, the role of the DKPP is needed in maintaining the independence and integrity of the organizers of the General Elections (Elections) and ways to strengthen the role of the DKPP in maintaining the independence and integrity of election administration in Indonesia. Keywords: Election Law, Electoral Institution, Independence

Kepastian Hukum Pengaturan Penggunaan Tenaga Kerja Asing di Indonesia

Puspitasari, Risky Vista, Harianto, Aries, Ana, Ida Bagus Oka

Lentera Hukum Vol 5 No 3 (2018): December 2018
Publisher : Universitas Jember

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Abstract

The 1945 Constitution of the Republic of Indonesia states that every citizen has the right to work and a decent life. Consequently, citizens have the right to receive rewards and fair treatment in employment relations and the state has a constitutional responsibility to guarantee the fulfillment of the right to work of migrant workers and foreign workers to create protection and legal certainty between them. Meanwhile, the national labor law and government regulations regulate foreign workers including only professional workers. In fact, foreign workers working in Indonesia are not only professional workers but also unskilled laborers. This is due to the enactment of changes to the regulation of the use of foreign labor which frees and tightens foreign workers who work in Indonesia. Keywords: Foreign Workers, Supervision, Legal Certainty of Foreign Workers

Tanggung Jawab Pelaku Usaha Pertambangan Rakyat dalam Reklamasi Gumuk Setelah Kegiatan Tambang

Prayogo, Ade Lutfi

Lentera Hukum Vol 5 No 3 (2018): December 2018
Publisher : Universitas Jember

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Abstract

The responsibility of mining businesses in carrying out post-mining reclamation activities applies to all mining business permits including holders of the Peoples 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. Legal responsibility for IPR holders in the preparation of plans, implementation, and sanctions provided still depends on regulations made by the regional government. The norm gap still exists if there is a lack of guarantee costs for post-mining reclamation due to the absence of mandatory guarantee funds. This is evidenced by the fact 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 add norms to regulations that regulate reclamation and post-mining activities for community mining businesses. The addition of norms also needs to be done to the implementation rules so that environmental functions can be functioned properly by community mining business actors. Keywords: Responsibility, Business Actors, Peoples Mining

Legitimasi Peraturan Pemerintah Pengganti Undang-Undang dalam Ratifikasi Perjanjian Internasional Tertentu

Lestari, Fitri

Lentera Hukum Vol 5 No 3 (2018): December 2018
Publisher : Universitas Jember

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Abstract

One of the challenges for the state is on how it carries out the ratification of 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 the law 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 therefore it needs to set a period of time to ratify special international agreements. Ratification of international agreements through the Perppu (the government regulation in lieu of law) is very possible because its legitimacy is equivalent to the law but it should be the last priority. Keywords: Ratification, International Agreement, Perppu

Perlindungan Hukum terhadap Pencipta atas Pencatatan Suatu Ciptaan yang Sama

Raharjo, Riko Sulung, Khoidin, M., Fahamsyah, Ermanto

Lentera Hukum Vol 5 No 3 (2018): December 2018
Publisher : Universitas Jember

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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) states 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 a work in common 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 against the creator of the registration of the similar creation, inter alia, the abolition of the power of the law for registration the work by the court, the creator has the right to compensation, and the creator has the right to sue criminal. 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 benefit for the creator and his creation. Keywords: Creator, Recording of Creations, Same Creations

Permohonan Tanah Ulayat di Minangkabau Menjadi Tanah Hak Milik

Fatmi, Siti Raga

Lentera Hukum Vol 5 No 3 (2018): December 2018
Publisher : Universitas Jember

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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 as mentioned in Article 3 of the Basic Agrarian Law Number 5 of 1960 (BAL) as long as it still exists and corresponding to the 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 are no regulations 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 so that not everyone can submit an application for ownership of customary land into land owned. Keywords: Customary Land, Proprietary Rights, Land Registration

Studi Komparasi Hak Waris dalam Hukum Adat dan Islam di Masyarakat Madura Perantauan Desa Jelbuk, Kecamatan Jelbuk, Kabupaten Jember

Atlanta, Nur Nafa Maulida, Rato, Dominikus, Zulaikha, Emi

Lentera Hukum Vol 5 No 3 (2018): December 2018
Publisher : Universitas Jember

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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 interesting thing to research is the inheritance system and parts of boys and girls. 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