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Contact Name
Mariske Myeke Tampi
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+6281291909099
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era.hukum@fh.untar.ac.id
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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 16, No 1 (2018)" : 7 Documents clear
IMPLEMENTASI ASAS NEMO PLUS YURIS SEBAGAI PERLINDUNGAN HUKUM BAGI PEMEGANG HAK ATAS TANAH (STUDI KASUS PEMBATALAN SERTIFIKAT NOMOR 2690/KEBON KELAPA) Yanto, Naomi Elvienne; Prianto, Yuwono
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 1 (2018)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v16i1.2376

Abstract

Since act number 5 of 1960 concerning basic regulations on agrarian principles on 24th of September 1960, it was a historic day for Indonesia. Because, that was the unification day of the land law, by revoked the land legal dualism in Indonesia for the sake to create a legal protection and also giving the legal certainty to the holders of the land rights. Likewise the act number 19 of the basic regulations on agrarian principles have instruct to held a land registration then published a land rights certificate as a proof of land ownership. It is a vigorous but not the absolute proof of land ownership, because of the impact of publication system that held in land registration in Indonesia, the land rights certificate can be canceled by a person who feels that he has rights of the land concerned. That makes the purpose of the basic agrarian principles, may not be effective due to the process of law in Indonesia concerning that basic regulations on agrarian principles concerning that it has been 58 years since the day it published.? ??
PEDOMAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA: PERAN INDEKS INTERNASIONAL Abidin, Handa
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 1 (2018)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v16i1.2371

Abstract

There are a number of positive impacts if Indonesia uses these three indexes: the World Bank?s Ease of Doing Business, the World Economic Forum?s Global Competitiveness Index, and the World Justice Project?s Rule of Law Index as guidance for ?peraturan perundang-undangan? (laws and regulations). Nonetheless, it is important to note that there are also negative impacts that could arise. One of the important solutions to avoid negative impacts is to consistently comply with Pancasila and the 1945 Constitution of the State of the Republic of Indonesia. The concept of using international indexes as guidance is not only limited to the Ease of Doing Business, the Global Competitiveness Index, and the Rule of Law Index. Other relevant international indexes could have also roles in providing guidance for laws and regulations in Indonesia, by taking into account the discussion and recommendations in this research, in particular: these indexes must be in accordance with Pancasila and the 1945 Constitution of the State of the Republic of Indonesia. Furthermore, this research also provides recommendations for how to improve Indonesia?s rankings on the three indexes, which could also be relevant in the context of other international indexes.??
POLITIK HUKUM PEMBENTUKAN BADAN KEAMANAN LAUT DALAM MENJAGA KEAMANAN MARITIM DI INDONESIA Darajati, Muhammad Rafi; Syafei, Muhammad
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 1 (2018)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v16i1.2379

Abstract

As the largest archipelagic state in the world, Indonesia has a very wide sea area. Indonesia has a natural resources which are very plentiful. These are certainly advantageous position for Indonesia as the main strength both in the Southeast Asia and Asia Pacific if we capable to exploiting it. Those conditions also can be a boost for the whole layer components of the nation to increase the possessed capability to establish itself as a maritime nation. However the current maritime security in Indonesia still vulnerable due to high levels of violations there. It happens because there are certain parties who enter Indonesia wanting to exploit the national resources illegally. Based on the various problem that often occur, the effort to protect and ensure the security of the country by seas in an absolute must. Authors use juridical normative research method with literature studies. The result of this research shows that Indonesia government?s strong desire to bring Indonesia into a maritime nations which one of the issues is related to the maritime security is by establishing the Indonesia Coast Guard. As for the legal policy formation Indonesia Coast Guard is to synergy the various agencies in securing the Indonesia?s sea because there will not be a sectoral ego either in institutions or governments which is connected so the maritime security will be run effectively.??
THE USE OF MOTORBIKE AS A MEANS OF GOOD TRANSPORTATION IN GRAB EXPRESS SERVICE AS SEEN FROM THE TRANSPORTATION LAW Sabrie, Hilda Yunita; Ratih, Dina Kusuma; Thalib, Prawitra
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 1 (2018)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v16i1.2378

Abstract

The demand for goods delivery services in Indonesia is very large. Through this service, an item can easily move from one location to another and can be utilized so that the item has more value. Freight forwarding services can not be separated from the role of motor vehicles used as a means of transport. When viewed from the classification of its type, motor vehicles consist of motorcycles, passenger cars, freight cars, bus cars and special vehicles. In the relevant regulations stipulate that the goods delivery service must be carried out using the goods car. The obligation to use the goods car that has been regulated by law is not without reason. By using freight cars, bad weather factors and shock factors due to damaged road conditions can be avoided. This can minimize the risk of damage to the goods. But in practice it is often found that the delivery of goods is done using another mean of transporation that is motorcycle. The use of motorcycles is considered more effective and efficient because it can reach even remote areas. Although assessed so, the use of motorcycles can not avoid if there are two factors as mentioned above. Then this can lead to the risk of damage to the goods. Meanwhile, the delivery of goods must be implemented properly so that the goods can be saved and secured to the destination.?
EFEKTIVITAS SANKSI DEWAN KEAMANAN PERSERIKATAN BANGSA-BANGSA TERHADAP KONFLIK BERSENJATA DI SURIAH Nurcahyawan, Teddy; Wisnu, Lauw
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 1 (2018)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v16i1.2373

Abstract

As a soverign state in the Middle East, Syria has received badly effect of Arab Spring revolution. Thousand of students launched demonstration claiming Bashar Al-Assad to step down. In response to it, Bashar Al-Assad attacked the prodemocracy students by arresting and torturing them. This arms conflict has not only brought many civilians as victims of civil war but involved some other foreign states as well. To avoid matters worse, Security Council of United Nations has issued a Resolution Number 2328/2016 to give sanctions affirming Bashar-Assad to have violated international humanitarian law. The question comes up whether or not this resolution could present the effectiveness of the sanctions. This research has revealed that the Security Council Resolution is effective and Syria has complied with it in line with the international law.??
MENGKAJI LEGALITAS PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2012 TENTANG PENYESUAIAN BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAM KUHP Rifki, Mohamad
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 1 (2018)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v16i1.2377

Abstract

Besides court function, the Supreme Court also has rule function, counseling function, supervisor function, and administrative function. Judges as an organ on Supreme Court must be differentiated with Supreme Court as a State Institution. Judges can be a law maker on their verdict (Judge made-law), because Judges are not only a mouthpiece of the law (la bouche de la loi), instead they also considered to know the law (Ius Curia Novit). However, the Regulation of Supreme Court as an implementation of its rule function can?t be stated as a law making (rechtsvinding), because the Regulation of Supreme Court is not a part of Law Making, but rather Rule Making. Regulation of Supreme Court Number 2 Year 2012 about Adjustment on the Limitation of Minor Crime and Fine on KUHP is one of the regulation that has been made by the Supreme Court as a State Institution. This article will analyze the legality of the Regulation of Supreme Court based on the authority given by the act or constitution, and also analyze it from the regulation concerning the drafting of act.??
QUO VADIS UNDANG-UNDANG POKOK AGRARIA? Suatu Tinjauan Terhadap Permasalahan Pertanahan di Usia Undang-undang Pokok Agraria yang ke Lima Puluh Delapan Tahun Djaja, Benny
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 1 (2018)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v16i1.2372

Abstract

Disputes in the world of business are not something to write home about. Amongst all the business-related sectors, one that often rears disputes is the agrarian sector. This is due to the close relationship between development and the need for land, as one of the primary needs of humankind. Therefore, a review and comprehensive exposition of disputes within the land sector and aspects of peaceful mediation of said disputes are needed to gain a deeper understanding of ways to achieve more effective and efficient land dispute resolution. In order to achieve these goals and objectives, an in-depth analysis is needed on the extent to which Undang-undang Pokok Agraria (The Agrarian Law) accommodates the resolution of the agrarian disputes and problems, as well as, in relation to the existence of implementing regulations of Undang-undang Pokok Agraria that support the resolution of land disputes that arose or which may arise in the future. Currently disputes over land can be resolved through the means of a lawsuit in the Private Court of Law or through peaceful mediation. Peaceful mediation of land disputes can be carried out both within and outside the Court of Law. Based on the research, mediation in the court has a low rate of success mainly because of the ?out for war? mentality of the parties involved which have been formed prior to entering the mediation process. With the settlement of cases through the Judiciary Court of Law becoming a go-to option in the majority of land dispute resolution, the high costs and length of time commonly incurred in such process greatly hampers the resolution of numerous land disputes and tends to be a field of "money war" between litigant parties. If this continues, at its age of 58 years, it must be questioned "Qua Vadis Undang-Undang Pokok Agraria of the Republic of Indonesia???

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