{"title":"ASAS KESEIMBANGAN DALAM ALTERNATIF PENYELESAIAN SENGKETA HUBUNGAN INDUSTRIAL DI LUAR PENGADILAN","authors":"Usak","doi":"10.24912/erahukum.v16i2.4530","DOIUrl":"https://doi.org/10.24912/erahukum.v16i2.4530","url":null,"abstract":"Industrial labor disputes between workers or workers and employers often occur as a result of mismatches of opinion and / or actions of both. Both disputes are usually preceded by violations of law and may occur not for violation of the law. For the right institution to resolve industrial relations disputes, if based on the principle of balance thinking is a deliberation to seek dispute resolution, the right institution is a non-litigation institution outside the court, without having to be brought to the Industrial Relations Court. To further ensure the creation of a balance principle for the parties in disputes in industrial relations disputes, according to Law no. 2 of 2004 on Industrial Relations Dispute Settlement, dispute settlement takes priority through negotiation to seek deliberation outside the consensus of the courts, this will create a balance principle for the position of the parties while providing legal protection for workers/laborers. In accordance with the legal matter, the purpose of this study is to examine alternative forms of realization of industrial relations dispute settlement outside the court as a reflection of the principle of equilibrium.","PeriodicalId":241921,"journal":{"name":"Era Hukum - Jurnal Ilmiah Ilmu Hukum","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124194631","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PENEGAKAN HUKUM KEHUTANAN DALAM UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN DITINJAU DARI PERSPEKTIF KEADILAN MASYARAKAT HUKUM ADAT","authors":"Rugun Romaida Hutabarat, Luisa Srihandayani, Kexia Goutama, Yoefanca Halim","doi":"10.24912/ERAHUKUM.V16I2.4531","DOIUrl":"https://doi.org/10.24912/ERAHUKUM.V16I2.4531","url":null,"abstract":"Forest destructions has been escalating worldwide, including in Indonesia. Therefore, the Government issued Law Number 18 / 2013 on the Prevention and Eradiction of Deforestation (P3H) which was expected to guarantee legal certainty with emphasis on eradication of organized forest destruction. The problem to be discussed in this paper is about law enforcement and application of Law Number 18 / 2013 which frequently used to criminalize the indigenous people in Indonesia. The indigenous people have been criminalized on the ground of unlawful forest products utilization, while they merely foraging to fulfill their basic necessities. The criminalization of indigenous people is a conclusive evidence, which proof that Indonesian Goverment has been neglecting the indigenous people’s right. This paper use normative approach. The conclusion of this paper analyze that the problem of the criminalization happens in implementation level, which caused by the ignorance of law enforcement apparatus and vested interest.","PeriodicalId":241921,"journal":{"name":"Era Hukum - Jurnal Ilmiah Ilmu Hukum","volume":"256 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127038909","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA LINTAS NEGARA MELALUI PERJANJIAN EKSTRADISI (SUATU CATATAN MENARIK UNTUK DISKUSI)","authors":"Stefanus Reynold Andika","doi":"10.24912/ERAHUKUM.V16I2.4532","DOIUrl":"https://doi.org/10.24912/ERAHUKUM.V16I2.4532","url":null,"abstract":"The establishment of an extradition treaty between the Government of the Republic of Indonesia and other countries is a strategic effort in order to increase cooperation in the field of law enforcement and the implementation of justice. With the formation of the extradition treaty, the perpetrators of crimes that are being sought and fleeing the country cannot escape easily from lawsuits. Although the extradition issue is basically seen as part of international law, the discussion cannot be emphasized only in terms of international law. Many things are not further regulated in extradition agreements, especially if the problem is a domestic problem of each country. This article discusses Law Enforcement Against Transnational Criminals through Extradition Agreements. This research is normative juridical and prescriptive. The results of the study conclude that Law Enforcement Against Transnational Crime Actors under the provisions of the United Nations Convention Against Transnational Organized Crime (UNTOC) is not fully implemented in the Indonesian legal system. Based on data until the 2017 period, it can be concluded that the implementation of extradition in Indonesia based on the provisions of UNTOC is still not fully implemented.","PeriodicalId":241921,"journal":{"name":"Era Hukum - Jurnal Ilmiah Ilmu Hukum","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132712173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"MENAKAR PROGRESIVITAS TEKNOLOGI FINANSIAL (FINTECH) DALAM HUKUM BISNIS DI INDONESIA","authors":"Mariske Myeke Tampi","doi":"10.24912/ERAHUKUM.V16I2.4529","DOIUrl":"https://doi.org/10.24912/ERAHUKUM.V16I2.4529","url":null,"abstract":"The PBI Number 19/12/PBI/2017 concerning the Implementation of Financial Technology is a staple of policy that shows the Financial Technology (Fintech) has been allowed to exist in Business Law in Indonesia such as business to business and business to consumer with particular limitation. The regulation on electronic money that has been enacted before the issuance of PBI Number 19/12/PBI/2017 is also included in the definition of Financial Technology (Fintech) in PBI Number 19/12/PBI/2017. Enormous benefits from Financial Technology (Fintech) is a driving force of the progressivity of the Financial Technology (Fintech) regulation. Review of laws relating to Financial Technology (Fintech) in Indonesia illustrates that the policy of Financial Technology (Fintech) is quite progressive. Such progressivity may be examined from the view point of Satjipto Rahardjo’s progressive law theory and Roscoe Pound’s sociological jurisprudence. The cause of the emergence of rules regarding current Financial Technology (ius constitutum) is contained in 4 points of urgency and 3 (three) points of consideration of Bank Indonesia Regulation Number 19/12/ PBI/2017. As long as the product of Financial Technology does not conflict with the existing value system, the Financial Technology product can be developed and regulated in Indonesia in the future (ius constituendum).","PeriodicalId":241921,"journal":{"name":"Era Hukum - Jurnal Ilmiah Ilmu Hukum","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130943154","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"LEGAL STANDING SERIKAT PEKERJA DALAM MENGAJUKAN GUGATAN PADA PENGADILAN HUBUNGAN INDUSTRIAL (STUDI KASUS : PELANGGARAN HAK CIPTA ATAS NAMA DAN LOGO SERIKAT PEKERJA PADA PUTUSAN NOMOR 7/G/2017/PHI.JMB JUNCTO PUTUSAN MAHKAMAH AGUNG NOMOR 959 K/PDT.SUS-PHI/2017)","authors":"Andari Yurikosari, Karina Hosea","doi":"10.24912/erahukum.v17i1.5978","DOIUrl":"https://doi.org/10.24912/erahukum.v17i1.5978","url":null,"abstract":"Based on Article 87 of UU Number 2 of 2004 concerning Settlement of Industrial Relations Disputes and Article 25, 1 Letter b concerning Labor Unions, labor unions as legal counsel have the right to represent their members in the Industrial Relations Court. However, in practice, Industrial Court Judges and Supreme Court Judges (Decision Number 7/G/2017/PHI.Jmb and Decision of the Supreme Court Number 959 K/Pdt.Sus-PHI/2017) decide that the legal counsel of LBH KSBSI has no legal standing to represent workers at PT. Petaling Mandra Guna with the consideration that the legal counsel of LBH KSBSI has violated the copyright of name and logo (Decision Number 378-K/Pdt.Sus-PHI/2017). So that raises problems, how is the position of the union as a legal counsel related to the legal standing and the legal efforts of the LBH KSBSI? From these problems, the authors examined the normative research method. The results of the study show that the Industrial Relations Court is not authorized to decide on cases of industrial disputes based on copyright infringement on the name and logo, because the problem is not its authority and competence. Regulations regarding restrictions on legal remedies are regulated in SEMA which do not include the type and hierarchy of legislation. It is better, LBH KSBSI immediately submit a legal action in the form of a new lawsuit, so as to obtain legal certainty and the legislature immediately includes provisions for limiting legal remedies at SEMA to UU No. 2 of 2004 concerning Settlement of Industrial Relations Disputes.","PeriodicalId":241921,"journal":{"name":"Era Hukum - Jurnal Ilmiah Ilmu Hukum","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122071507","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"KEPASTIAN HUKUM MENGENAI PERBEDAAN ANTARA PUTUSAN MAHKAMAH AGUNG DAN PUTUSAN MAHKAMAH KONSTITUSI TERKAIT PENCALONAN PERSEORANGAN PESERTA PEMILU ANGGOTA DPD","authors":"Rasji ., Cinthia .","doi":"10.24912/erahukum.v17i1.5974","DOIUrl":"https://doi.org/10.24912/erahukum.v17i1.5974","url":null,"abstract":"Indonesia is a country based on the law (rechstaat) whose basis is stated in Article 1 Paragraph (3) of the UUD NRI 1945. The essential principles of the rule of law based on Article 24 Paragraph (1) of the UUD NRI 1945 are the guarantee of the organizer of the power of an independent judicial institution without interference from other parties to hold a court to uphold law and justice. Ideally, the results of the two institutions' decisions do not cause problems in society. However, the results of the decisions of the two institutions are still found differently regarding the issue of nominating individual participants in the members of the Regional Representatives Council. Any other way, the results of the Constitutional Court ruling prohibited members of the Regional Representatives Council who were still in the position of administrators of political parties. Meanwhile, the decision of the Supreme Court allows candidates for members of the Regional Representatives Council who are still in the position of managing political parties. In this study, the researcher will examine the differences between the Supreme Court's decision and the Constitutional Court's decision regarding the nomination of individual participants in the Regional Representatives Council by using normative legal methods and conducting interviews as supporting data. The results of the study revealed that based on the legal basis and authority of the institution, the verdict that had legal certainty regarding the nomination of individual participants in the Regional Representatives Council election was the decision of the Constitutional Court.","PeriodicalId":241921,"journal":{"name":"Era Hukum - Jurnal Ilmiah Ilmu Hukum","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122535623","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PERTANGGUNGJAWABAN PIDANA TERHADAP PENGGUNA IJAZAH PALSU OLEH ANGGOTA DPRD DALAM PEMILIHAN UMUM LEGISLATIF (CONTOH KASUS PUTUSAN NOMOR: 196 K/PID.SUS/2016)","authors":"Hery Firmansyah, Imelda Yohana Dewi","doi":"10.24912/erahukum.v17i1.5977","DOIUrl":"https://doi.org/10.24912/erahukum.v17i1.5977","url":null,"abstract":"A diploma is usually used as one of the conditions to meet the requirements for registration or recruitment from a position. For example, for the nomination of legislative members to be members of the DPR, DPD, Provincial DPRD and Regency DPRD. However, most legislative candidates in the regions do not have genuine diplomas for certain reasons, eventually the legislative candidates use fake diplomas in order to qualify in the general election. The problem studied is how criminal accountability of fake diploma users by DPRD members in legislative elections (Case Example Decision Number: 196 K / Pid.Sus / 2016)? The research method that I use is a normative legal research method which is also supported by interview data. The author analyzes that criminal liability is adjusted to the condition that a person can be held accountable based on criminal acts committed and articles used where the sanctions are there, in this case the article imposed is Article 69 paragraph (1) of the Law on the National Education System. When viewed from a decision that is used as an example by referring to its legal considerations, a court judge has considered everything so that he can be held to hold criminal responsibility and the judge has the right to decide. The author advises to conduct socialization so that there is no indication of the use of fake diplomas, it is necessary to impose a severe sentence for each actor, and the legislative candidates to be honest in nominating themselves as representatives of the people.","PeriodicalId":241921,"journal":{"name":"Era Hukum - Jurnal Ilmiah Ilmu Hukum","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114646949","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PENERAPAN DIVERSI TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM DALAM KASUS TINDAK PIDANA PENCURIAN (STUDI KASUS PENGADILAN NEGERI SIBOLGA NOMOR 2/PID/SUS-ANAK/2016/PN.SBG)","authors":"Dian Adriawan Dg. Tawang, Mikenda Adiputra Tumanggor","doi":"10.24912/erahukum.v17i1.5980","DOIUrl":"https://doi.org/10.24912/erahukum.v17i1.5980","url":null,"abstract":"The constitution Number 11 of 2012 concerning the criminal system of children article 1 pharagraph 7 explain that diversion is the transfer of settlement of child cases and criminal justices proccess to proccess other than criminal. The intended application of diversion effort to children in conflict with the law in criminal case against No.2/PID/Su/2017. The method carried out the another after conducting research is a normative method with interviews. Diversion is a case settlement in a crimw, cartied out by a child and resolved outside the court proccess. The constitution not only provides facilities but required to be completed outside the constitution especially before the trial proccess. This matter in clause 5 pharagraph 3 is strengthened in article 7 pharagraph 1. It seems that the problems of the research have not fully carried out special attention from low enfources in realizing what was written in the constitution . In this cases, it is expected for low enforces to give more attention and considering the best interests of children in handling child criminal cases.","PeriodicalId":241921,"journal":{"name":"Era Hukum - Jurnal Ilmiah Ilmu Hukum","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126819547","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"KEDUDUKAN PENYEWA TANAH DALAM PERJANJIAN SEWA MENYEWA TANPA JANGKA WAKTU","authors":"Endang Pandamdari, Aldi Pidano","doi":"10.24912/erahukum.v17i1.5976","DOIUrl":"https://doi.org/10.24912/erahukum.v17i1.5976","url":null,"abstract":"In carrying out a lease agreement, Article 1570 and 1571 KUHPer regulates the termination of the lease agreement. Although the provisions regarding the existence of an element at a certain time in a lease have been strictly regulated in the KUHPer, in practice there are still many problems in the lease agreement. The problem raised by the author is how the position of the land tenant in the lease agreement without a period of time according to the Supreme Court Decision Number 534 K / PDT / 2016 and how the legal protection of landowners and tenants in the lease agreement rent without time period?. The author examines the problem by using normative legal research methods with the law approach and case approach. The research data shows that the tenant named Maman Kurniawan is not acting in good faith, namely indirectly wanting to take over ownership of other people's property and not returning the goods to others here entering into the main form of illegal acts in the form of illegally possessing objects belonging to another person and the position of Maman Kurniawan in this case is limited to tenants not owners. Then Article 1571 KUHPer is an article that protects the party who rents out in the case of land leasing agreements without a period of time and protection for tenants in the term agreement, namely requesting compensation for land and / or buildings and a certain grace period for tenants to look for other rental places.","PeriodicalId":241921,"journal":{"name":"Era Hukum - Jurnal Ilmiah Ilmu Hukum","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122294043","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"TINJAUAN YURIDIS PERTANGGUNG JAWABAN RUMAH SAKIT ATAS KE IKUT SERTAAN DALAM PROGRAM BADAN PENYELENGGARA JAMINAN SOSIAL (BPJS) KESEHATAN","authors":"Ariawan Gunadi, Ida Nursida","doi":"10.24912/erahukum.v17i1.5975","DOIUrl":"https://doi.org/10.24912/erahukum.v17i1.5975","url":null,"abstract":"The Social Security Administering Body (BPJS) is a public legal entity formed to organize a social security program. Social Security Agency can alleviate the burden of society in obtaining health services in hospitals or clinics. This is in accordance with Article 5 Paragraph (1) and Paragraph (2) of Law No.36 Year 2009 on Health. and Article 47 Regulation of Health BPJS No.1 Year 2014 on the implementation of Health Insurance. As an insurance company BPJS health ensures the implementation of health programsHospitals and Clinics as health service providers in demand by the government to play an active role in providing good health services to the community according to its function, in accordance with Law Number 44 Year 2009 on Hospital. But even if the hospital or health service supports the social health insurance program or BPJS is proved by the poster that the Hospital or Clinic receive BPJS patients, does not mean that the service received by the community is in line with expectations.","PeriodicalId":241921,"journal":{"name":"Era Hukum - Jurnal Ilmiah Ilmu Hukum","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127129658","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}