Lentera Hukum
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Implikasi Yuridis Kebijakan Formulasi Alat Bukti Elektronik
Get PDFFormulation 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 “petunjukâ€, 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, “petunjukâ€, 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 Evidenc
Perlindungan Hukum terhadap Pencipta atas Pencatatan Suatu Ciptaan yang Sama
Get PDFCopyright 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 Creation
Tanggung Jawab Pelaku Usaha Pertambangan Rakyat dalam Reklamasi Gumuk Setelah Kegiatan Tambang
Get PDFThe 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 Governmen
Pertanggungjawaban Ahli Waris Notaris sebagai Pejabat Umum atas Akta Notaris yang Menimbulkan Kerugian Para Pihak
Get PDFThis 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 Dee
Kepastian Hukum Pengaturan Penggunaan Tenaga Kerja Asing di Indonesia
Get PDFThe 1945 Constitution of the Republic of Indonesia states that every citizen has the right to work and a decent life. As a consequence, citizens have the right to receive salary and fair treatment in employment relations. The state has a constitutional responsibility to guarantee the fulfillment of the right to work of migrant and foreign workers in order to provide protection and legal certainty between them. Meanwhile, the national labor law and government regulations on migrant workers only include professional workers. In fact, foreign workers in Indonesia are not only professional workers but also unskilled laborers. Such paradox emerges after the amendment of the regulation of foreign workers which frees and tightens foreign workers in Indonesia.
Keywords: Foreign Workers, Right to Work, Legal Certaint
Sistem Pemidanaan dalam Perkara Pidana Pencabulan terhadap Anak: Studi Putusan Nomor: 535/Pid.sus/2015/PN.Bls
Get PDFAs the nation's future generation, children have the right to a protected environment, as a lack thereof 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 crimes against children as in case Number 535 / Pid.sus / 2015 / PN.Bls, the judge drops Article 82 Paragraph (1) of the Child Protection Act. This article contains two problems, inter alia, the judge's 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 states 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: Judge's Decision, Molestation, Chil
Kewenangan Pemerintah Daerah dalam Pemenuhan Bantuan Hukum bagi Masyarakat Miskin di Kabupaten Jember
Get PDFArticle 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 Regent's 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 Peopl
Permohonan Tanah Ulayat di Minangkabau Menjadi Tanah Hak Milik
Get PDFCommunal 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 La
Legitimasi Peraturan Pemerintah Pengganti Undang-Undang dalam Ratifikasi Perjanjian Internasional Tertentu
No full textOne 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 La
Penguasaan Tanah Reklamasi tanpa Alas Hak atas Tanah: Studi Kasus di Desa Taddan, Kecamatan Camplong, Kabupaten Sampang
Get PDFThis study discuss legal issues concerning control of reclamation without possessing land rights as the result of the unregistered reclamation by communities in the Village of Tanddan, Sub-district Campling in the Sampang Regency. The aim of this study is to show legal implications and analyze effectivity of law enforcement on the accomplishment land control of reclamation without possession. By using empirical legal research with socio-juridical approach, the result of study shows that legal subject cannot control over and build houses over land of reclamation withou posession of land rights. In other words, houses built over land of reclamation without land rights can be evicted without any compensation. Therefore, such land of reclamation should be registered as the governmental land to the National Agrarian Board or Badan Pertanahan nasional (BPN) in the Sampang regency. It also affirms that there is a problem of effeciency of law enforcement on the accomplishment of land control of reclamation without any repressive and preventive measures.
Keywords: Land Control, Reclamation, Sampan