Lentera Hukum
Not a member yet
210 research outputs found
Sort by
Dinamika Sikap Tiongkok Atas Putusan Mahkamah Arbitrase Tetap Internasional Nomor 2013-19 dan Pengaruhnya terhadap Indonesia
Get PDFThe Conflict in South China Sea involves several countries in Southeast Asia, such as the Philippines, Vietnam, Malaysia, Brunei Darussalam, and Indonesia. It is dealt with the rights of ownership, as a result of the People Republic of China (PRC) to unveil nine-dashed line which partially claims over South China Sea. But, it is followed by other countries to release new evidences on the territorial status of South China Sea. Though the Permanent Court of Arbitration had decided the petition of the Philippines in 2013, PRC could not admit the Arbitration. Essentially, Indonesia is not directly involved as a party in the case. But as the evidence provided by PRC, Natuna Islands is part of nine-dashed line in which it asserts that such islands are regarded part of PRC. As a result, Indonesia needs to anticipate on the further potential contention of territorial claims as it has islands around the South China Sea.
Keywords: South China Sea Dispute, Permanent Court of Arbitratio
Tanggung Jawab Perdata Notaris terhadap Akta yang Dibacakan oleh Staf Notaris di Hadapan Penghadap
Get PDFA notary in exercising powers to make an authentic deed is required to read it before an interlocutor as it is set in Article 16 paragraph (1) letter (m) Notary Act. The problem that arises is that, in some cases, notaries are not the only persons who exercise such duties. In fact, such role is often replaced by their staffs on duties entitled to them. It asserts that Notary Act is not extremely obeyed with following effects of the absence of laws in Notary Act which is specifically dealt with the role of notary’s staffs. This study uses empirical legal research with sociological jurisprudence approach. The result shows that a notary has attributive powers from Notary Act which is granted rights or powers to authorize staffs to act and exercize notary’s duties. To adhere with this view, a notary deed is seen as a perfect evidence if a notary did not accomplish certain procedures. However, if a notary cannot prove it, the declaration of a privately made deed should be made by judges of the courts. If there is any disadvantage as the result of deed read by staffs, a notary can be sued in the courts to provide compensation or certain terms as constituted in Article 1365 of the Civil Code, including maerial and immaterial compensations.
Keywords: Civil Liability, Notary, Notary Staffs, Dee
Pemenuhan Hak atas Informasi Publik sebagai Tanggung Jawab Negara dalam Mewujudkan Good Governance
Get PDFThere are two legal issues proposed in this study, inter alia, the nature of the right to public information and state's responsibility for the fulfillment of the right to public information. This study uses legal research with statute and conceptual approaches. The results of this study shows that the right to public information becomes part of the human rights as guaranteed by the 1945 Constitution. Public information has become a logical consequence of the obligation of the state to account for the implementation of its government to the citizens as its main purpose is to ensure the accountability and credibility of public institutions through the provision of information and documents at the public request so that the principle of information disclosure is one component in the realization of good governance. As a constitutional right of citizens, it also shows that ‘a contrario’ the fulfillment of public information is the responsibility of the state. According to this view, the fulfillment of the right to public information is not only related to obligations, but the content must be true and provided openly and honestly. It concludes that the fulfillment of public information conducted openly and honestly will contribute to an attempt to realize good governance
Keywords: Human Rights, Public Information, Good Governanc
Tindak Pidana Kelalaian Menyebabkan Luka yang Dilakukan oleh Dokter Gigi: Analisis Putusan Nomor: 257/Pid.B/2015/PN.Dps
No full textThere 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, Crim
Kewenangan Penyidik Kepolisian untuk Melakukan Penyidikan terhadap Kasus Pidana Keterangan Palsu di Persidangan Pengadilan
Get PDFArticle 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 Statemen
Ekologi Demokrasi: Temukan Cara-cara untuk Memiliki Kehidupan yang Kuat dalam Membentuk Masa Depan: David Mathews, Ekologi Demokrasi: Temukan Cara-cara untuk Memiliki Kehidupan yang Kuat dalam Membentuk Masa Depan (Jakarta: PARA Syndicate, 2017) pp. vii +193.
Get PDFBuku 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
Peran Dewan Kehormatan Penyelenggara Pemilu dalam Menjaga Kemandirian dan Integritas Pemilihan Umum di Indonesia
No full textNowadays, 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, Independenc
Relokasi Permukiman Warga Bantaran Sungai Ciliwung di Provinsi Jakarta
Get PDFAs 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 Settlement
Analisis Pasal 43 Undang-Undang Pengadilan Hak Asasi Manusia dalam Kasus Penghilangan Orang secara Paksa Tahun 1997/1998
Get PDFThis paper examines problems as the result of the absence of statement on the establishment of Human Rights Ad hoc Court in the Human Rights Court Act Number 26 Year 2000. By highlingting the kidnapping of activists in the final days of New Order regime in 1997-1998, as Article 43 of Human Rights Court Act, the power to adjudicate is attached to the Human Rights Court. However, the absence of explicit provisions to the establishment of teh Ad hoc Court of Human Rights whether before or after the preliminary investigation to be made by the Indonesian Commission on Human Rights (Komnas HAM), Attorney General argues that no subsequent measures on the results of the investigation made by Komnas HAM into the process of investigation due to the Ad hoc Court of Human Rights was not established. The aim of this paper is to provide views on the establishment of the Ad hoc Court of Human Rights by using doctrinal research with statute and case approaces. As this paper shows, it concludes that the Ad hoc Court of Human Rights was established after premilinary investigation and full investigation as proposed by the House of Representatives which is assigned throug Presidential Resolution.
Keywords: Ad hoc Court of Human Rights, Preliminary Investigation, Investigatio
Pembentukan Peraturan Daerah Syari’ah dalam Perspektif Hukum Tata Negara Pascareformasi
Get PDFIndonesia in the aftermath of Reformation, the relationship between powers of central and local governments has shifted the paradigm in which the power of central government has been transferred from centralized-authoritarian to decentralized-autonomy. One of decentralized powers of local government is by providing the power to self-regulate without certain interventions from central government, including the initiative to establish bylaws (Peraturan Daerah) as the results of local autonomy. In further development of autonomy, however, the wider decentralization and autonomy attached to local governments has been responded differently. One of such responses is the establishment of sharia bylaws in which they result in problems in the Indonesian constitutional law system. From constitutional views, bylaws in local governments other than Aceh province violate citizen’s constitutional rights by which those are not accomodated in the hierarcy of national regulations. On the other hand, however, the establishment of sharia bylaw is important as an attempt to nurture social morality. Accordingly, there should not be abandonment regarding the establishment of sharia bylaws in several local governments other than Aceh province. But, the reaffirmation is needed relating to the position of sharia bylaws in the constitutional perspective which is not only seen formally, but also materially.
Keywords: Post-Reformation, Decentralization, Shari’a Bylaws, Constitutional La