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Mariske Myeke Tampi
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+6281291909099
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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 15, No 2 (2017)" : 7 Documents clear
PENAFSIRAN TINDAK PIDANA PENODAAN AGAMA DALAM PERSPEKTIF HUKUM Anggraeny, Kurnia Dewi
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 15, No 2 (2017)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v15i2.1071

Abstract

This paper examines the interpretation of the crime of religious blasphemy as defined by grammatical interpretation and meaning in Indonesian positive law. Background case of religious defamation by Basuki Tjahaja Purnama or Ahok. with the decision of No.1537Pid.B / 2016 / PN. Jkt Utr. In that case there is a phrase "Be lied to use Al-Maidah letters" mentioned Ahok in front of citizens with the context of choosing leaders according to Islam in a working visit to the Thousand Islands on 27 September 2016. The word lied is an instrument that is not neutral because the word is lied to, humbled when juxtaposed with the word of the Quran. The author uses normative juridical methods in searching for the meaning of religious defamation through the perspective of Indonesian positive law and the opinions of some Muslim jurists and scholars. Law No.1 / PNPS / Year 1965 is used as the basis and guidance in handling the issue of the Crime of Blasphemy in Indonesia, while Article 156 and Article 156 a of the Criminal Code are copies of Law No.1 / PNPS / Year 1965 which is the source in the verdict in every decision in case of defamation of religion in Indonesia. The formulation of the crime itself does not contain a clear explanation and interpretation of deeds classified as defamation of religion, so that the formulation of religious defamation rules is needed to narrow the space of interpretation in the draft Penal Code (R-KUHP).?Keywords: Interpretation, Blasphemy, Legal Perspective
URGENSI SISTEM HUKUM BERBASIS LEGAL COMMUNITY EMPOWERMENT DALAM UPAYA MEMINIMALISASI KORBAN PERDAGANGAN UNTUK TUJUAN SEKSUAL TERHADAP PEREMPUAN DI INDONESIA Ng, Hansel Kalama; Firmansyah, Hery Firmansyah
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 15, No 2 (2017)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v15i2.1075

Abstract

Along with the development of this era due to the tecnological advances, it grows the variety types of criminal modus operandi including the trafficking of women for sexual purposes. The rise of trafficking of women for sexual purposes was recorded at 1.359 cases since 1998-2010, it shown that Indonesia is vulnerable to this issue. The amount mentioned above only shows the cases which has exposed, in fact there are a lot of unexposed cases relating to the hidden victims who do not want to report their cases. Therefore, the urgency to seek for solutions in order to minimizing this crime will be very needed. One of the efforts is by improving the legal system by emphasizing on Legal Empowerment Community concept. The purpose of this concept is empowering the community based on participatory theory to persuade them for participating together to minimizing this crime. Thus, the prevention and repression on the Trafficking of Womer for Sexual Purposes not only done by Government but the community as well.?Keywords: Trafficking of Women for Sexual Purposes, Hidden Victims, Legal Empowerment Community
IMPLEMENTASI YURISDIKSI NEGARA INDONESIA DALAM PEMBERANTASAN PEROMPAKAN DAN PERAMPOKAN LAUT BERDASARKAN HUKUM INTERNASIONAL Pratiwi, Dian Khoreanita; Nugroho, Wahyu
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 15, No 2 (2017)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v15i2.1070

Abstract

Piracy occurs in strategic routes, such as international trade routes or better known as international waters. The principle of universal jurisdiction can be used by a country in combating this piracy, it has been affirmed in the United Nations Convention on the Law of the Sea (UNCLOS 1982) and Indonesia has ratified it. But piracy and sea burglary remain an unresolved issue. The purpose of this research is to know the form of government implementation to universal jurisdiction principle about eradication of maritime piracy crime in Indonesia and to know preventive steps undertaken by the government in protecting Indonesian-flagged vessels in a territorial waters prone to armed robbery. This research is done by empirical law research method by using ground theory research method. In this study also supported by secondary data through literature study. Data analysis technique used qualitative data analysis in the form of descriptive. The result of this research is that Article 4 of Indonesian Criminal Code has been able to apply its universal jurisdiction but in doing so it is necessary to consider the security and availability of resources. The preventive measures that the Government has taken to prevent regional maritime robberies are to establish the Western Fleet Quick Response Team and establish cooperation with the surrounding country in securing the border areas.?Keywords: Jurisdiction, Piracy, Sea/Armed Robbery.?
PENEGAKAN HUKUM DAN PENENGGELAMAN KAPAL ASING (STUDI KASUS TINDAK PIDANA PELAKU ILLEGAL FISHING) Nurcahyawan, Teddy; Saputra, Leonardo
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 15, No 2 (2017)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v15i2.1074

Abstract

As a marine state, Indonesia has about 78% of its territory covered by sea waters to provide its fishermen in pursuing their happiness. Yet, the fact that owing to the illegal fishing by mostly undocumented foreign flag ships, Indonesian fishermen do not significantly deserve their prosperity whereas partly of their lives depending on the income from fish catching and in return, Indonesia suffered a loss of her annual financial income. For this reason, Indonesia government has issued the law No. 45/2009 concerning the Fishery and its Article 69 (4) provides the space of strict law enforcement to sink and burn the proven foreign illegal fishing ships. The problems raised are how the law enforcement and its impact in sinking and burning the foreign illegal fishing ships would be in line with the International Law of Sea. This article has revealed that law enforcement of sinking and burning the foreign ships is not only lawful but consistent as well with the mentioned law above and it does not bring up any legal effects to foreign countries as the foreign illegal fishing ships are sunk and burned within the territory of Indonesian economic exclusive zone as stipulated in the UNCLOS 1982.?Keywords: law enforcement, foreign ships sinking, illegal fishing
PENERAPAN KLAUSUL PILIHAN YURISDIKSI (CHOICE OF JURIDICTION) DAN PILIHAN HUKUM (CHOICE OF LAW) DALAM PENYELESAIAN SENGKETA BISNIS INTERNASIONAL (Studi Kasus: Perkara PT. Symrise melawan PT. Mega Suryamas) Memi, Cut
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 15, No 2 (2017)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v15i2.1069

Abstract

The aims of this research are to examine the practice of applying the choice of jurisdiction and choice of law in the settlement of business dispute between PT. Symrise and PT. Mega Suryamas in South Jakarta District Court and to examine the validity of the arbitration agreement contained in the Invoice. In relation to the problem studied is the norm, then in this study, the method used is the method of normative legal research or normative juridical. The legal substance used in this study is the primary legal material which includes the legislation regarding the arbitration, the court decision, the provisions of the international convention on arbitration, the opinions of experts (doctrine) obtained through the literature, as well as non-legal materials in the form of records of interviews with experts and customs applied in legal practice, especially in the settlement of international arbitration disputes. This research is expected to contribute to the development in the field of law, especially in the application of choice of jurisdiction and choice of law in the settlement of international business disputes in Indonesia.Keywords: choice of jurisdiction, choice of law, international business disputes in Indonesia
HARMONISASI PENDEKATAN ECONOMIC ANALYSIS OF LAW DAN PENDEKATAN KONSERVASI PADA REGULASI PEMANFAATAN LAHAN GAMBUT DI INDONESIA Christiawan, Rio
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 15, No 2 (2017)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v15i2.1073

Abstract

Government Regulation No. 57 of 2016 on Amendment to Government Regulation No. 71 of 2014 on protection and management of peat ecosystems that substantively emphasizes on sustainable management of peat so there must be a balance of conservation function and aquaculture function, especially on peatlands already already opened and cultivated. Indonesian Peatlands Data that problems related to social and economic aspects will be experienced by many forestry and oil palm business actors including peasants who use peatlands because according to Article 23 paragraph (3) peatlands declared damaged if the groundwater surface in peatland 0.4 meters below the surface of the peat or exposure to pyrite sediments. Currently land for acacia and palm oil plants requires groundwater levels between 0.6-0.8 meters below the surface of the peat. Furthermore, with advances in current technology, the exposure of pyrite sediments can still be used for acacia plants and oil palm. The PP indicates the inconsistency of our peat regulation due to some previous legal products, namely: (i) of the 1945 Constitution of the State of the Republic of Indonesia Article 33 paragraph 3 which states that: "Earth and water and natural resources stumbled in it is controlled by the State and used for the greatest prosperity of the people "; (ii) of Law No.32 of 2009 on Environmental Protection and Management in accordance with the provisions of Article 21 paragraph (3) letter f and paragraph 5, that in order to determine the occurrence of environmental damage, there shall be provisions of the defect criteria, including: standard criteria for ecosystem damage (one of which is the peat ecosystem) and standard criteria for damage due to climate change, (iii) the Importance of Peat Ecosystem Protection and Management.?Keywords: Inconsistency, Peat Regulation, sustainable management
PERLINDUNGAN HUKUM TERHADAP LANJUT USIA YANG MENGALAMI KEKERASAN PSIKOLOGIS DAN FINANSIAL Gosal, Marcelia Oktavia; Prianto, Yuwono
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 15, No 2 (2017)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v15i2.1072

Abstract

The growth of the elderly population in Indonesia is greatly increasing. Maintain the survival of parents, and prevent the occurrence of danger, risks, and violations of human rights of parents is important. The issue discussed in this article is how the legal protection of the elderly who experienced psychological and financial violence. The research method used is socio-legal research. The results show that legal protection against the elderly has not been well implemented. Article 321 of the Civil Code provides for mutual obligations between parents and children. Article 9 of the Law on the Elimination of Domestic Violence regulates the scope of households and the prohibition of neglecting a person within the scope of the household. Article 8 of Law Number 13 Year 1998 on Elderly Welfare affirms that government, community and family are responsible for the improvement of elderly welfare. Implementation of Article 46 regarding the responsibility of the child to the elderly parent has not been effective. This can be seen of how many people who do not know the existence and content of the relevant provisions, many people neglecting their obligation ignoring their elderly parents. Legal protection of the elderly, which covers the recognition of the rights of the elderly, the protection of their interests and intentions, is not written in detail because the various provisions of how the Law are summarized. Sociologically, these provisions often escape the attention of the public, although the rules of non-law provide a special affirmation that supports the rule of law.?Keywords: Legal protection, elderly parents, psychology, finance violances.

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