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Era Hukum: Jurnal Ilmiah Ilmu Hukum
Published by Universitas Tarumanagara
ISSN : 08548242     EISSN : 25810359     DOI : http://dx.doi.org/10.24912/era%20hukum
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
"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 8 Documents
 1 
Search results for , issue "Vol 14, No 2 (2016)" : 8 Documents clear
KEDUDUKAN MAJELIS KEHORMATAN DISIPLIN KEDOKTERAN INDONESIA (MKDKI) DAN KONSIL KEDOKTERAN INDONESIA (KKI) DALAM PENEGAKAN DISIPLIN KEDOKTERAN DI INDONESIA (Studi Putusan Mahkamah Agung RI Nomor: 298K/TUN/2012) Andryawan .
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 14, No 2 (2016)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v14i2.178

Abstract

Health is one of human rights and the constitutional rights of every citizen of Indonesia. Government as manager of the Republic of Indonesia, are obligated to protect and guarantee the right to health care for all citizens without exception. One of them through the provision of services of the ministry of health by doctors. As a key element in the administration of medical practice, so the importance of the role of doctors and often leads to the assumption that the doctor is a "God" who never made a mistake / violations in the medical act. With the enactment of Law No. 29 of 2004, then began organizing medical practice into a new era. This was followed by the establishment of the Indonesian Medical Displinery Board (IMDB) and the Indonesian Medical Council (INAMC) as a body / supervisory institution organizing medical practice in Indonesia. But so far, the position of both institutions still raises problems of law. One of them in terms of discipline by IMDB often become unproductive because of constraints of the INAMC. Even sometimes discipline conducted by IMDB even canceled by the State Administrative Court. This led to the discipline of medicine be hung without any certainty. When it was clearly stated that the enforcement of medical discipline committed by IMDB shall be final and binding on the parties. But the facts show that IMDB powerless to enforce the medical discipline of his mandate.
PENYELESAIAN TINDAK PIDANA PENCUCIAN UANG YANG TIDAK DIBUKTIKAN TERLEBIH DAHULU TINDAK PIDANA ASALNYA Halif .
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 14, No 2 (2016)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v14i2.523

Abstract

Criminal acts of money laundering is a criminal offense or derivative crime is always preceded by the predicate offense, because the object of the crime of money laundering is the proceeds of predicate offenses. This has implications for the formulation of money laundering in Article 3, 4 and 5 of Law No. 8 of 2010 Concerning the Prevention and Combating of Money Laundering. Where each article contained elements of criminal acts of money laundering and treasure in the wash proceeds of predicate offenses. So it is not possible in case of money laundering stand alone without preceded by the predicate offense. In terms of substantive criminal law, the element of "known or reasonably suspected proceeds of the offenses referred to in Article 2 of the Law money laundering" must be fulfilled. Similarly, when viewed from the side of criminal law formal, that the process of investigation, prosecution and examination in court against money laundering is not obliged to prove the crime of origin in advance, can be implemented if the article is intended to seize assets from crime by using a system of deprivation in brake. If using a system of appropriation of assets in the persona, Article 69 can’t be carried out or collide with Article 3 of Law No. 8 of 2010 Concerning the Prevention and Combating of Money Laundering.Keywords: Money Laundering, Proves, Crime of Origin
Kedaulatan Udara Indonesia dan Upaya-Upaya Perlindungannya Vera Wheni Setijawati Soemarwi
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 14, No 2 (2016)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v14i2.186

Abstract

Indonesia is an archipelagic state1, 13.466 registered islands, and has a lot of potential natural resources. Unfortunately, the number of registered islands in several departments has unclear data2. 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 state3. Defining a border of land, sea, and outermost islands4 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”5 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.
ITIKAD BAIK SEBAGAI TOLAK UKUR PERBUATAN DEBITOR DALAM KEPAILITAN Lucky Dafira Nugroho
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 14, No 2 (2016)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v14i2.527

Abstract

Good faith that has a dual role as the principle and norm experience a shift from specialized legal principle into common legal principle. The shift in question are familiar in good faith in some areas of the law as a guide to carry out obligations by the parties with honesty and faithfull. The good faith needs to let the foundation of the examiners over the deeds of the debtor in bankruptcy. Based upon these problems can get legal issues about the characteristics of good faith as a guide in judging the deeds of the law of the debtor in the bankruptcy context. Over the subsequent legal issues are examined by using the normative legal research methods. Upon such research can pull the conclusion that characteristics of good faith, framed within the concept of honesty and propriety of the moral teachings sourced. In the moral teachings of each man was ordered to do the Act of not harming others. Principle of good faith in law Bankruptcy and suspension of payment set forth in the provision concerning the expiry of the delay of debt payment obligations and implicitly in the approved actio pauliana lawsuit can. Assessment in good faith it is indispensable in the process of examination of the application for bankruptcy, suspension of payment application, requests for peace by the debtor, and actio pauliana lawsuit. Characteristic of good faith in bankruptcy indicates that the principle of good faith (bonafides/good faith) are also set forth in the provisions of the law on Bankruptcy and debt payment suspension.Keywords: Good Faith, Debtor Performance, Bankruptcy
PERKEMBANGAN REGULASI PERLINDUNGAN KONSUMEN DALAM TRANSAKSI E-COMMERCE DI INDONESIA DAN NEGARA-NEGARA ASEAN Deky Paryadi
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 14, No 2 (2016)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v14i2.525

Abstract

The development of increasingly advanced technology to make many changes in various fields. The existence of Internet technology is a positive impact for humans, especially in the field of trade, the evolution of information technology have created a new trend in the trading system, from conventional trade. Characteristics of e-commerce that is different from the conventional trade, making e-commerce as something that is new and has not been understood for some communities in Indonesia. Looking at the phenomenon of e-commerce business rapidly so it is important to put the consumer as a subject that is closely associated with e-commerce businesses. This study is a normative legal research of the Consumer Protection Act and the Commerce Act as a reference view of consumer protection in e-commerce trading. The results of this study found several factors that hinder the continuity of e-commerce in Indonesia, among others, public awareness, security of transactions, the limitations of internet banking facilities, culture or habit of Indonesian society are not entirely familiar with the use of internet in the trade, as well as resistance from providers e-commerce is not entirely lacks credibility and trustworthy. Therefore we need government intervention, such as more stringent oversight function, due to differences between the characteristics of e-commerce with a conventional trade.Keywords: E-commerce, Consumer Protection, Trade Act
PERAN STRATEGIS DAERAH ATAMBUA (RI) – BOBONALO (TIMOR LESTE) DALAM TATA KELOLA PERTAHANAN DAN KEAMANAN NASIONAL BERDASARKAN UNDANG-UNDANG NOMOR 3 TAHUN 2002 TENTANG PERTAHANAN NEGARA Yuwono Prianto; Hery Firmansyah
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 14, No 2 (2016)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v14i2.528

Abstract

The paradigm of boundary management of Indonesia Timor Leste region in Atambua Bobonalo has the implementation to the boundary region condition which is relatively isolated and left behind from the economic aspect, defense aspect and national security aspect as well as the legal aspect. It is also required the welfare approach besides the security approach and also the boundary management system which is well and professionally organized. The boundary region needs more attention from the govemment for that side defense and security is very dependent. Infrastructure in Timor Leste boundary development shall be adequate in the context of defense and security such as the weapon system supply, infrastructure and suprastructure boundary development, recognition/protection of indigenous people rights regulations, the drafting and stipulating the cross-boundary regulations as well as the rule of law supremacy and the improvement of the professionalism of govemment officials. All in all, we need to maintain the nationalism to the society at the boundary region, and the implementation of policy pattern approach which would not leave the local wisdom behind.
PENYELESAIAN SENGKETA KONSUMEN OLEH BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) DAN LEMBAGA ALTERNATIF PENYELESAIAN SENGKETA DI SEKTOR JASA KEUANGAN (LAPS-SJK) Sugandi Ishak
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 14, No 2 (2016)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v14i2.522

Abstract

The estabilishment of alternative dispute settlement institutions in the financial service sector by financial services authorithy as if it wants to compete with the existence of consumer dispute settlement agency. The estabilishment institutions of alternative dispute settlement in the financial service sector on the basic of financial service authority regulatory law number 1 year 2014 on the financial service authority, while consumer dispute settlement agency formed by the law number 8 year 1999. Verdict generated by these two institutions are final and binding, however against the verdict institutions of alternative dispute settlement in the financial service sector cannot be impelemnted if the consumer does not accept the verdict, giving rise to the possibility for financial service businesses to submit district court (of justice). Another case with verdict of the consumer dispute settlement agency it can be objected in district court (of justice) by one of the parties does not accept the verdict. The prosecuting authority (competence) of the institutions of alternative dispute resolution financial service sector and consumer dispute resolution has not been regulation, so that dualism in handling consumer disputes settlement agency. This is evidenced by the many disputes between the consumer banking or non-banking and non-financial services businesses were marked by consumer dispute settlement agency. Therefore need for strict regulation regarding the authority or competence of an absolute judge of these two institutions and needs for improvement of the legislation to get around this legal weaknes shortcomings.Keywords: consumer dispute settlement agency, institutions of alternative dispute settlement in financial service sector, authority, dispute
BEBERAPA CATATAN TERHADAP TINDAK PIDANA PASAR MODAL SEBAGAI BAGIAN DARI TINDAK PIDANA EKONOMI Hasbullah F. Sjawie
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 14, No 2 (2016)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v14i2.521

Abstract

Capital market is a one way to develop size of economic a nation. Through capital market, business can improve, and the fund from investor is accepted by the law without bureaucracy procedure. As investor a shareholder who hold share in a perseroan terbatas terbuka (Indonesia public company limited by share) could by and sell share every time. To keep the stability of the capital market the implementation of openness principle is needed. The Law No. 8 Year 1995 about Capital Market has arranged 3 (three) crime in the capital market. The belief of the public is depending on the disclosure prinsip. It can also be influenced by the violation of capital market law. There are some notes in the regulation. Key words: Capital Market, fraud, market manipulation, insider trading

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