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Contact Name
Mariske Myeke Tampi
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Phone
+6281291909099
Journal Mail Official
era.hukum@fh.untar.ac.id
Editorial Address
Gedung M Lt.2 Jl. S. Parman No. 1, Fakultas Hukum, Universitas Tarumanagara
Location
Kota adm. jakarta barat,
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INDONESIA
Era Hukum: Jurnal Ilmiah Ilmu Hukum
ISSN : 08548242     EISSN : 25810359     DOI : http://dx.doi.org/10.24912/era%20hukum
Core Subject : Social,
"Era Hukum: Jurnal Ilmiah Ilmu Hukum" (ISSN 0854 8242 | e-ISSN 2581 0359) merupakan media diseminasi (penyebarluasan) hasil penelitian, analisis putusan maupun kajian ilmiah konseptual dari akademisi maupun praktisi bidang hukum di seluruh Indonesia. "Era Hukum: Jurnal Ilmiah Ilmu Hukum" terbit 2 (dua) kali dalam setahun yaitu pada bulan Juni dan Oktober. "Era Hukum: Jurnal Ilmiah Ilmu Hukum" mencakup tulisan keilmuan dari segala bidang hukum, termasuk tetapi tidak terbatas pada hukum pidana, hukum perdata, hukum internasional, hukum tata negara, dan hukum acara. Aspirasi wawasan regional, nasional maupun internasional terwadahi dalam karya orisinal yang mendasar (fundamental) namun memiliki unsur kebaruan (updated) sehingga karya yang dihasilkan merupakan hasil penalaran sistematis, relevan dan memiliki kontribusi tinggi terhadap pembangunan ilmiah bidang hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
Search results for , issue "Vol 14, No 1 (2016)" : 7 Documents clear
PERLINDUNGAN HAK KOMUNAL MASYARAKAT ADAT BALI TERHADAP KARYA TARI EKSPRESI BUDAYA TRADISIONALNYA DI ERA GLOBALISASI (DIKAJI BERDASARKAN UNDANG-UNDANG HAK CIPTA) Bustani, Simona
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 14, No 1 (2016)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v14i1.536

Abstract

Law Number 11 of 2012 concerning the Juvenile Criminal Justice System essentially regulates the entire process of the settlement of juvenile facing legal problems which started the investigation stage to the stage of supervision after sentenced. If one?s refers to the old paradigm that the criminal justice system contained in the Criminal Procedure Code which has put four components of criminal justice, namely the police, prosecutors, courts and the Penitentiary, which are acted as the integral system, but in fact there exists the Penitentiary advisor also. So, It is necessary to analise in how to find out and to understand the position of Penitentiary advisor in a juvenile criminal justice system in particular. In sum, based on a broad range of function of the Penitentiary advisor, which spread from the investigation to the decision on Juvenile sentence, the Advisor Community has the seminal position. The opinion aforementioned describe that there are some issues that need to be understood regarding the formal understanding on how the actual existence of the Penitentiary Supervisor and the report based on the public research or the consideration of Penitentiary advisor with regard to law enforcement officers, especially in the juvenile justice system. In sum, this writing should be valuable not only in order to constitute Juvenile Criminal System actual aims and purposes, but also the extent of the implications of the report of the public research to the decision in juvenile criminal system.?Keywords : Penitentiary Advisor, Juvenile , Criminal Justice System
KEDAULATAN UDARA INDONESIA DAN UPAYA-UPAYA PERLINDUNGANNYA Soemarwi, Vera W S
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 14, No 1 (2016)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v14i1.542

Abstract

Indonesia is an archipelagic state, 13.466 registered islands, and has a lot of potential natural resources. Unfortunately, the number of registered islands in several departments has unclear data. The impact of unclear data is causing a potential territorial conflict between Indonesia and neighboring countries due to inadequate protection. A defined territory is an essential element of an independent state. Defining a border of land, sea, and outermost islands is important for Indonesia to define Indonesian air sovereignty. The main purpose of the article is helping the Indonesian government to maintain and keep the air space and the outermost islands especially on the sovereignty of the 92 outermost islands. The writer considers that through the maintenance of 92 outermost islands, Indonesia will have the extensive air space since the defining sea territory is 12 miles from the outermost islands. The other benefit is defining the exclusive economic zone ?in which the coastal state has the right of conserving the natural resources??and continental shelf measure from 200 miles from the outermost islands. Therefore, Indonesia has the extensive right to conserve the natural resources. The article is written based on individual research. It explores the ICJ decision on Sipadan dan Ligitan case and suggest the government of Indonesia to protect the Indonesian territory and sovereignty. Loosing one centimeter of the borders means loosing the territorial sea, air, land, contiguous zones, exclusive economic zones and other potential economic resources.????????? Keywords: Sovereignty of an Archipelagic State; Teritorial Integrity; Air Sovereignty.
PERAN PEMBIMBING KEMASYARAKATAN DALAM UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Samosir, Samuel Saut Martua
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 14, No 1 (2016)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v14i1.538

Abstract

Law Number 11 of 2012 concerning the Juvenile Criminal Justice System essentially regulates the entire process of the settlement of juvenile facing legal problems which started the investigation stage to the stage of supervision after sentenced. If one?s refers to the old paradigm that the criminal justice system contained in the Criminal Procedure Code which has put four components of criminal justice, namely the police, prosecutors, courts and the Penitentiary, which are acted as the integral system, but in fact there exists the Penitentiary advisor also. So, It is necessary to analise in how to find out and to understand the position of Penitentiary advisor in a juvenile criminal justice system in particular. In sum, based on a broad range of function of the Penitentiary advisor, which spread from the investigation to the decision on Juvenile sentence, the Advisor Community has the seminal position. The opinion aforementioned describe that there are some issues that need to be understood regarding the formal understanding on how the actual existence of the Penitentiary Supervisor and the report based on the public research or the consideration of Penitentiary advisor with regard to law enforcement officers, especially in the juvenile justice system. In sum, this writing should be valuable not only in order to constitute Juvenile Criminal System actual aims and purposes, but also the extent of the implications of the report of the public research to the decision in juvenile criminal system.Keywords : Penitentiary Advisor, Juvenile , Criminal Justice System
HUBUNGAN HIRARKI DALAM PERUNDANG-UNDANGAN KETENAGAKERJAAN” (Studi Normatif Mengenai Peraturan Daerah Perlindungan Ketenagakerjaan Di Indonesia) Yurikosari, Andari
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 14, No 1 (2016)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v14i1.541

Abstract

Basically Act No. 13 of 2003 on Manpower has set up various terms of employment especially legal protection for workers in terms of labor relations and labor protection. Various regulation as the Implementing Regulations of Law No. 13 Year 2003 on Manpower has also been set up on the technical aspects of the implementation of legal protection in employment relations for workers, especially workers attached to the Employment Agreement Specific Time (PKWT). By obstacles encountered in practice its implementation is in the legislation and district regulation are not dealt with decisively on sanctions, even if arranged on a change 'void' of a violation of the regulation clauses regarding PKWT into Employment Agreement for Unspecified Time (PKWTT) remain? inside the practice of many violations. This study uses normative research by reviewing the legal materials in the form of Act No. 13 of 2003 on Labour and Employment District Regulation of Subang district, Pasuruan, Karawang, Bekasi City and Depok City. Talking about phrase 'void' own, some circles and legal experts debate on this matter. In the Article 59 paragraph (7), Article 65 Paragraph (8) and Article 66 paragraph (4) of Law No. 13 Year 2003 on Manpower contained the phrase 'void'. The phrase is closely related to the conditions that must be met in a change in the status of the employment agreement specified time become employment agreement for an unspecified time and the status of outsourcing workers. Act No. 12 of 2011 has set the sort order of hierarchy or regulations in Indonesia Article 7 Paragraph (1) are arranged in a hierarchy that the Constitution occupies the highest position in the hierarchy and District Regulations lowest ranks in the hierarchy. District Regulation function as the implementing regulations of the law in every region is different from each other, each due also to the regional autonomy that makes one different regional needs with the needs of other regions. Relating to Law No. 13 of 2003 on Labour, in various regions both in the provincial capital as well as in the district or the city, the local government drafting regional regulations, especially concerning the implementation and application of administrative sanctions in case of violation of the Act setting PKWT in Act Number 13 Year 2003 on Manpower. In general, while the assessment of the results of initial studies normative for District Regulations on Employment in force in various regions in Indonesia, eventually encountered many regional regulations are ineffective and inefficient because of the articles contained in the set has its laws. District Regulation itself should contain about things that are not regulated in the substance of the legislation (the substance of the rest) because it is basically made as a District Regulation verordnung and autonome satzung (implementing regulations))?Keywords: district regulation, employment agreement
PENGUJIAN PERATURAN KEBIJAKAN DI INDONESIA (OBJEK KAJIAN SURAT EDARAN PEMERINTAH) ., Rasji
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 14, No 1 (2016)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v14i1.537

Abstract

In Indonesia there are legislation and regulatory policy. Legislation has regulated positive law, while the policy regulations unregulated positively. In fact, there are regulatory policies that are contrary to the legislation or the regulatory policy on it. The problem is what can be a testing ground of regulatory policy? Who or which agency of the authority that has an ability to conduct the regulatory policy? Based on the doctrine and positive law, which became the basis of the testing of regulatory policy is legislation, regulatory policy on it, or the general principles of good governance. The competent institutions to test the regulatory policy of Supreme Court, regulatory policy, or supervisor of officials of regulatory policy. To support that is necessary to amend the Act of 1945, Law on Judicial Power, and the Law on the Supreme Court by adding authority to the Supreme Court to test the policy regulations.?Keywords: policy regulation, judicial review
DINAMIKA RELASI ANTARA PRINSIP NON INTERFERENCE DAN PRINSIP SOLIDARITAS ASEAN Arundhati, Gautama Budi
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 14, No 1 (2016)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v14i1.540

Abstract

In fact, the principle of solidarity had been tested in the dispute of South China Sea over the years. Nowadays, ASEAN have the charter, the ASEAN Charter, which had a striking feature concerning the implementation of the principle on the Article 41 Paragraph 4 ASEAN Charter. However, the involvement of ASEAN in its efforts to resolve the South China Sea dispute peacefully seems ineffective. In other words,the South China Sea dispute is not able to prove the existence of the principle of solidarity yet in ASEAN, so it seems that the structure of ASEAN in the between member states are such a loose knit structure,the three pillars of ASEAN is a key pillar in the development of ASEAN is not strong enough to build the ASEAN solidarity. ASEAN in many ways is different from the European Union which has the strong principle of solidarity that not limited only to the relationship between Member States alone, but also among the public, members and the community,or generations. This problem leads to the emerging bigger problem ASEAN potentially, therefore the principle of solidarity should be dealt with in more detail and covers various aspects.?Keywords: the Principle of Solidarity, ASEAN, European Union?
HARMONIZATION ARBITRATION LAW ASEAN COUNTRIES : A DISCOURSE FOR INVESTOR–STATE ARBITRATION IN THE ASEAN ECONOMIC COMMUNITY (AEC) Margono, Suyud
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 14, No 1 (2016)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v14i1.539

Abstract

The implementation of the ASEAN Economic Community (AEC), may increase ?trade and commercial activities in the number of intra-ASEAN, including investment disputes between investors and ASEAN member Countries. In that regard, the ASEAN Comprehensive Investment Agreement (ACIA) gives aggrieved investors the option to refer their disputes to arbitration in resolving their disputes. ?Many ?foreign arbitrage decisions is found to be time consuming when it comes to enforcing the decision and cases over the final and legal binding arbitrage decision being overturned by court?s decision in Indonesia. Thus the efficiency and effectiveness of the arbitration process is being negated. The ASEAN Comprehensive Investment Agreement (ACIA), that provides the legal ?basis for the AEC?s liberalized investment regime, establishes an investor-state dispute resolution mechanism (ISDR mechanism).Keywords: ?Harmonization of Arbitration Law, ASEAN Economic Community, Enforcement Arbitral Award

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