cover
Contact Name
Mariske Myeke Tampi
Contact Email
-
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,
Dki jakarta
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 17, No 1 (2019)" : 7 Documents clear
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS PEREDARAN JAJANAN ANAK SEKOLAH BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 dan UNDANG-UNDANG NOMOR 18 TAHUN 2012 (STUDI TERHADAP PERMEN JELI STIK TAHUN 2018 DI KENDAL) Anggraini, A.M Tri; Raditya, Marcella Wanda
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 17, No 1 (2019)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v17i1.5979

Abstract

Technological advances have brought rapid and significant changes to the food industry. By using modern technology, the food industry is now able to produce on a very large scale including a variety of products with a very wide "range". Public consumption of imported and local food products tends to increase. Businessmen are aggressively encouraging consumers to consume excessively and often irrationally, so many incident that are suffered by consumers related to School Children Snack Food Like the incident that just happened in October 2018, namely poisoning cases of dozens of elementary school children in Kendal after consume stick shaped candy. In this paper the question is how the government controls the circulation of school children snacks, in this case BPOM for the 2018 Candy Jelly Candy case in Kendal and how legal protection for consumers for the circulation of snacks for school children. The method used by the author is a normative method. In its supervision of the School Children Snack Food, BPOM has taken steps in the task procedures and supervision functions. However, consumer cases occur related to School Children Food Snacks, actually caused by the three pillars of SisPOM that have not worked optimally. Business actors must comply with all procedures and conditions for distribution of processed food permits in accordance with existing regulations, BPOM must optimize its duties and functions as supervisors and consumers must always be smart and careful in choosing food products
KEPASTIAN HUKUM MENGENAI PERBEDAAN ANTARA PUTUSAN MAHKAMAH AGUNG DAN PUTUSAN MAHKAMAH KONSTITUSI TERKAIT PENCALONAN PERSEORANGAN PESERTA PEMILU ANGGOTA DPD ., Rasji; ., Cinthia
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 17, No 1 (2019)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v17i1.5974

Abstract

Indonesia is a country based on the law (rechstaat) whose basis is stated in Article 1 Paragraph (3) of the UUD NRI 1945. The essential principles of the rule of law based on Article 24 Paragraph (1) of the UUD NRI 1945 are the guarantee of the organizer of the power of an independent judicial institution without interference from other parties to hold a court to uphold law and justice. Ideally, the results of the two institutions' decisions do not cause problems in society. However, the results of the decisions of the two institutions are still found differently regarding the issue of nominating individual participants in the members of the Regional Representatives Council. Any other way, the results of the Constitutional Court ruling prohibited members of the Regional Representatives Council who were still in the position of administrators of political parties. Meanwhile, the decision of the Supreme Court allows candidates for members of the Regional Representatives Council who are still in the position of managing political parties. In this study, the researcher will examine the differences between the Supreme Court's decision and the Constitutional Court's decision regarding the nomination of individual participants in the Regional Representatives Council by using normative legal methods and conducting interviews as supporting data. The results of the study revealed that based on the legal basis and authority of the institution, the verdict that had legal certainty regarding the nomination of individual participants in the Regional Representatives Council election was the decision of the Constitutional Court.
LEGAL STANDING SERIKAT PEKERJA DALAM MENGAJUKAN GUGATAN PADA PENGADILAN HUBUNGAN INDUSTRIAL (STUDI KASUS : PELANGGARAN HAK CIPTA ATAS NAMA DAN LOGO SERIKAT PEKERJA PADA PUTUSAN NOMOR 7/G/2017/PHI.JMB JUNCTO PUTUSAN MAHKAMAH AGUNG NOMOR 959 K/PDT.SUS-PHI/2017) Yurikosari, Andari; Hosea, Karina
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 17, No 1 (2019)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v17i1.5978

Abstract

Based on Article 87 of UU Number 2 of 2004 concerning Settlement of Industrial Relations Disputes and Article 25, 1 Letter b concerning Labor Unions, labor unions as legal counsel have the right to represent their members in the Industrial Relations Court. However, in practice, Industrial Court Judges and Supreme Court Judges (Decision Number 7/G/2017/PHI.Jmb and Decision of the Supreme Court Number 959 K/Pdt.Sus-PHI/2017) decide that the legal counsel of LBH KSBSI has no legal standing to represent workers at PT. Petaling Mandra Guna with the consideration that the legal counsel of LBH KSBSI has violated the copyright of name and logo (Decision Number 378-K/Pdt.Sus-PHI/2017). So that raises problems, how is the position of the union as a legal counsel related to the legal standing and ?the legal efforts of the LBH KSBSI? From these problems, the authors examined the normative research method. The results of the study show that the Industrial Relations Court is not authorized to decide on cases of industrial disputes based on copyright infringement on the name and logo, because the problem is not its authority and competence. Regulations regarding restrictions on legal remedies are regulated in SEMA which do not include the type and hierarchy of legislation. It is better, LBH KSBSI immediately submit a legal action in the form of a new lawsuit, so as to obtain legal certainty and the legislature immediately includes provisions for limiting legal remedies at SEMA to UU ?No. 2 of 2004 concerning Settlement of Industrial Relations Disputes.
PERTANGGUNGJAWABAN PIDANA TERHADAP PENGGUNA IJAZAH PALSU OLEH ANGGOTA DPRD DALAM PEMILIHAN UMUM LEGISLATIF (CONTOH KASUS PUTUSAN NOMOR: 196 K/PID.SUS/2016) Firmansyah, Hery; Dewi, Imelda Yohana
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 17, No 1 (2019)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v17i1.5977

Abstract

A diploma is usually used as one of the conditions to meet the requirements for registration or recruitment from a position. For example, for the nomination of legislative members to be members of the DPR, DPD, Provincial DPRD and Regency DPRD. However, most legislative candidates in the regions do not have genuine diplomas for certain reasons, eventually the legislative candidates use fake diplomas in order to qualify in the general election. The problem studied is how criminal accountability of fake diploma users by DPRD members in legislative elections (Case Example Decision Number: 196 K / Pid.Sus / 2016)? The research method that I use is a normative legal research method which is also supported by interview data. The author analyzes that criminal liability is adjusted to the condition that a person can be held accountable based on criminal acts committed and articles used where the sanctions are there, in this case the article imposed is Article 69 paragraph (1) of the Law on the National Education System. When viewed from a decision that is used as an example by referring to its legal considerations, a court judge has considered everything so that he can be held to hold criminal responsibility and the judge has the right to decide. The author advises to conduct socialization so that there is no indication of the use of fake diplomas, it is necessary to impose a severe sentence for each actor, and the legislative candidates to be honest in nominating themselves as representatives of the people.
KEDUDUKAN PENYEWA TANAH DALAM PERJANJIAN SEWA MENYEWA TANPA JANGKA WAKTU Pandamdari, Endang; Pidano, Aldi
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 17, No 1 (2019)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v17i1.5976

Abstract

In carrying out a lease agreement, Article 1570 and 1571 KUHPer regulates the termination of the lease agreement. Although the provisions regarding the existence of an element at a certain time in a lease have been strictly regulated in the KUHPer, in practice there are still many problems in the lease agreement. The problem raised by the author is how the position of the land tenant in the lease agreement without a period of time according to the Supreme Court Decision Number 534 K / PDT / 2016 and how the legal protection of landowners and tenants in the lease agreement rent without time period?. The author examines the problem by using normative legal research methods with the law approach and case approach. The research data shows that the tenant named Maman Kurniawan is not acting in good faith, namely indirectly wanting to take over ownership of other people's property and not returning the goods to others here entering into the main form of illegal acts in the form of illegally possessing objects belonging to another person and the position of Maman Kurniawan in this case is limited to tenants not owners. Then Article 1571 KUHPer is an article that protects the party who rents out in the case of land leasing agreements without a period of time and protection for tenants in the term agreement, namely requesting compensation for land and / or buildings and a certain grace period for tenants to look for other rental places.
PENERAPAN DIVERSI TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM DALAM KASUS TINDAK PIDANA PENCURIAN (STUDI KASUS PENGADILAN NEGERI SIBOLGA NOMOR 2/PID/SUS-ANAK/2016/PN.SBG) Dg Tawang, Dian Adriawan; Tumanggor, Mikenda Adiputra
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 17, No 1 (2019)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v17i1.5980

Abstract

The constitution Number 11 of 2012 concerning the criminal system of children article 1 pharagraph 7 explain that diversion is the transfer of settlement of child cases and criminal justices proccess to proccess other than criminal. The intended application of diversion effort to children in conflict with the law in criminal case against No.2/PID/Su/2017. The method carried out the another after conducting research is a normative method with interviews. Diversion is a case settlement in a crimw, cartied out by a child and resolved outside the court proccess. The constitution not only provides facilities but required to be completed outside the constitution especially before the trial proccess. This matter in clause 5 pharagraph 3 is strengthened in article 7 pharagraph 1. It seems that the problems of the research have not fully carried out special attention from low enfources in realizing what was written in the constitution . In this cases, it is expected for low enforces to give more attention and considering the best interests of children in handling child criminal cases.
TINJAUAN YURIDIS PERTANGGUNG JAWABAN RUMAH SAKIT ATAS KE IKUT SERTAAN DALAM PROGRAM BADAN PENYELENGGARA JAMINAN SOSIAL (BPJS) KESEHATAN Gunadi, Ariawan; Nursida, Ida
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 17, No 1 (2019)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v17i1.5975

Abstract

The Social Security Administering Body (BPJS) is a public legal entity formed to organize a social security program. Social Security Agency can alleviate the burden of society in obtaining health services in hospitals or clinics. This is in accordance with Article 5 Paragraph (1) and Paragraph (2) of Law No.36 Year 2009 on Health. and Article 47 Regulation of Health BPJS No.1 Year 2014 on the implementation of Health Insurance. As an insurance company BPJS health ensures the implementation of health programsHospitals and Clinics as health service providers in demand by the government to play an active role in providing good health services to the community according to its function, in accordance with Law Number 44 Year 2009 on Hospital. But even if the hospital or health service supports the social health insurance program or BPJS is proved by the poster that the Hospital or Clinic receive BPJS patients, does not mean that the service received by the community is in line with expectations.

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