Era Hukum: Jurnal Ilmiah Ilmu Hukum
"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.
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<![CDATA[TANGGUNGJAWAB PERS NASIONAL SEBAGAI SUBJEK HUKUM PIDANA DALAM PERSPEKTIF TANGGUNGJAWAB KORPORASI ]]>
<![CDATA[Raden Muhamad Ibnu Mazjah]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 2 (2018) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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<![CDATA[Every legal subject who commits a crime can be subject to criminal liability as long as it meets the element of error. No exception to criminal liability against the press which is an instrument in expressing opinions and expression. Based on the system of criminal law, criminal acts carried out using press instruments are included in the provisions concerning defamation and humiliation either through writing and or drawing. The emphasis of the criminal act of the press is on the aspect of publication. Birth of Law No. 40 of 1999 which places the national press as a legal entity should have implications for the accountability of the press to the concept of corporate responsibility. This is a reference given that in carrying out the duties and functions of the press, the corporation is the carrier of rights and obligations that have goals as well as the controlling parties of a national press company. The position of the person of the press or journalist is the party who runs the activity or receives orders from the corporation. In practice, journalists are often placed as legal subjects who are liable for the consequences of a criminal act in carrying out their journalistic duties. This happens because the regulation of corporate criminal liability regarding press cases does not manifest explicitly in Law No. 40 of 1999. The existence of individual accountability arrangements (naturlijke persoon) based on geen teachings straf zonder schuld as the teachings of accountability in the Criminal Code in turn become a threat to journalists in carrying out their work. Scientific writing uses normative legal research methods. In addition to relying on the law approach, this research also uses a conceptual approach, namely by presenting the doctrine of corporate responsibility and superior respondeat doctrine. In practice, the freedom of the press for journalists ultimately depends very much on the attitudes and objectives of the national press company where they are playing. This writing finally brings a concept of the criminal responsibility of the national press that adheres to the criminal responsibility of the corporation in the form of criminal administration, so that it further guarantees the implementation of press freedom because it no longer accommodates imprisonment for the press or journalists.]]>
<![CDATA[PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA LINTAS NEGARA MELALUI PERJANJIAN EKSTRADISI (SUATU CATATAN MENARIK UNTUK DISKUSI) ]]>
<![CDATA[Andika, Stefanus Reynold]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 2 (2018) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v16i2.4532
<![CDATA[The establishment of an extradition treaty between the Government of the Republic of Indonesia and other countries is a strategic effort in order to increase cooperation in the field of law enforcement and the implementation of justice. With the formation of the extradition treaty, the perpetrators of crimes that are being sought and fleeing the country cannot escape easily from lawsuits. Although the extradition issue is basically seen as part of international law, the discussion cannot be emphasized only in terms of international law. Many things are not further regulated in extradition agreements, especially if the problem is a domestic problem of each country. This article discusses Law Enforcement Against Transnational Criminals through Extradition Agreements. This research is normative juridical and prescriptive. The results of the study conclude that Law Enforcement Against Transnational Crime Actors under the provisions of the United Nations Convention Against Transnational Organized Crime (UNTOC) is not fully implemented in the Indonesian legal system. Based on data until the 2017 period, it can be concluded that the implementation of extradition in Indonesia based on the provisions of UNTOC is still not fully implemented.]]>
<![CDATA[ANALISIS YURIDIS TERHADAP LEGALITAS SUATU SURAT KEPUTUSAN PEMBERHENTIAN PEGAWAI NEGERI SIPIL OLEH BUPATI KABUPATEN MALUKU TENGGARA BARAT ]]>
<![CDATA[Selfianus Laritmas]]>;
<![CDATA[Yohanis Laritmas]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 2 (2018) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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<![CDATA[The State Civil Apparatus hereinafter abbreviated (ASN) is the profession of Civil Servants who are subsequently written (PNS), Provisions regarding the dismissal of Civil Servants are regulated in Law Number 5 of 2014 concerning State Civil Apparatus then written Law No. 5/2014. Matters that are reasons for dismissal of civil servants in article 87 paragraph 1 (one), paragraph 2 (two) and paragraph 4 (four) are civil servants honorably dismissed because: a. Dies; b. at own request; c. reaching retirement age; d. organizational downsizing or government policies that result in early retirement or e. incompetent physically and / spiritually so that they cannot carry out their duties and obligations, paragraph 2 (two) civil servants can be dismissed because they are sentenced to imprisonment based on court decisions that have permanent legal force for committing criminal acts with imprisonment, paragraph 4 (four) commit fraud against Pancasila and the 1945 Constitution of the Republic of Indonesia, b. sentenced to imprisonment or confinement based on a court decision that has permanent legal force because of committing a crime of occupational crime or a criminal offense related to position and / or general criminal offenses. However, the case that occurred in West Southeast Maluku Regency was subsequently written (MTB) Dismissal of Civil Servants for having similar Employee Numbers with other Employees through West Southeast Maluku Regent Decree Number 884-536 of 2014, in the case of dismissal of civil servants this does not have legality or validity , because the dismissal of civil servants must be in accordance with the above article, but the dismissal of civil servants through the MTB Regent Decree Number 884-536 of 2014 is not regulated in Law No. 5/2014.]]>
<![CDATA[PENGGUNAAN INDIRECT EVIDENCE (ALAT BUKTI TIDAK LANGSUNG) DALAM PROSES PEMBUKTIAN DUGAAN PRAKTIK KARTEL DI INDONESIA OLEH KPPU ]]>
<![CDATA[Ibnu Akhyat]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 2 (2018) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v16i2.4533
<![CDATA[The regulation concerning business competition law in Indonesia is regulated in Law Number 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition which was enacted on March 5, 1999 and entered into force one year later. With the enactment of Law No. 5 of 1999 every business actor must implement provisions on how to run his business activities in a fair and conducive manner. In the case of alleged violation of Law Number 5 Year 1999, both Article 5, Article 9, and Article 11, require fulfillment of agreement element to prove that violation of the provisions of those Articles has occurred. However, since the cartel is usually established and done in secret, the proof of the existence of the cartel agreement creates a problem. The Monopoly Practices Law and Unfair Business Competition in Indonesia have not regulated the use of indirect evidence as evidence to prove the occurrence of a cartel. In such case, KPPU is difficult to find any written agreement or other document that explicitly contains agreement on price, marketing area, or production of goods and / or services among business actors.]]>
<![CDATA[MENAKAR PROGRESIVITAS TEKNOLOGI FINANSIAL (FINTECH) DALAM HUKUM BISNIS DI INDONESIA ]]>
<![CDATA[Mariske Myeke Tampi]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 2 (2018) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v16i2.4529
<![CDATA[The PBI Number 19/12/PBI/2017 concerning the Implementation of Financial Technology is a staple of policy that shows the Financial Technology (Fintech) has been allowed to exist in Business Law in Indonesia such as business to business and business to consumer with particular limitation. The regulation on electronic money that has been enacted before the issuance of PBI Number 19/12/PBI/2017 is also included in the definition of Financial Technology (Fintech) in PBI Number 19/12/PBI/2017. Enormous benefits from Financial Technology (Fintech) is a driving force of the progressivity of the Financial Technology (Fintech) regulation. Review of laws relating to Financial Technology (Fintech) in Indonesia illustrates that the policy of Financial Technology (Fintech) is quite progressive. Such progressivity may be examined from the view point of Satjipto Rahardjo’s progressive law theory and Roscoe Pound’s sociological jurisprudence. The cause of the emergence of rules regarding current Financial Technology (ius constitutum) is contained in 4 points of urgency and 3 (three) points of consideration of Bank Indonesia Regulation Number 19/12/ PBI/2017. As long as the product of Financial Technology does not conflict with the existing value system, the Financial Technology product can be developed and regulated in Indonesia in the future (ius constituendum).]]>
<![CDATA[ASAS KESEIMBANGAN DALAM ALTERNATIF PENYELESAIAN SENGKETA HUBUNGAN INDUSTRIAL DI LUAR PENGADILAN ]]>
<![CDATA[Usak .]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 2 (2018) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v16i2.4530
<![CDATA[Industrial labor disputes between workers or workers and employers often occur as a result of mismatches of opinion and / or actions of both. Both disputes are usually preceded by violations of law and may occur not for violation of the law. For the right institution to resolve industrial relations disputes, if based on the principle of balance thinking is a deliberation to seek dispute resolution, the right institution is a non-litigation institution outside the court, without having to be brought to the Industrial Relations Court. To further ensure the creation of a balance principle for the parties in disputes in industrial relations disputes, according to Law no. 2 of 2004 on Industrial Relations Dispute Settlement, dispute settlement takes priority through negotiation to seek deliberation outside the consensus of the courts, this will create a balance principle for the position of the parties while providing legal protection for workers/laborers. In accordance with the legal matter, the purpose of this study is to examine alternative forms of realization of industrial relations dispute settlement outside the court as a reflection of the principle of equilibrium.]]>
<![CDATA[PERKEMBANGAN MODUS OPERANDI KEJAHATAN SKIMMING DALAM PEMBOBOLAN MESIN ATM BANK SEBAGAI BENTUK KEJAHATAN DUNIA MAYA (CYBERCRIME) ]]>
<![CDATA[Dian Alan Setiawan]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 2 (2018) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v16i2.4526
<![CDATA[The development of technology and the internet does not always produce positive things. Negative things that are side effects include the crime of skimming (theft of customer data) which is one type of crime in cyberspace. Lately Indonesia is enlivened with breaking ATM news that occurred in various regions in Indonesia. The customers suddenly lose their account balance due to being burglarized by irresponsible people. ATM piercing technique is known as ATM Skimmer Scan technique. ATM machine piercing (Automated Teller Machine) using Skimmer, which is a customer data thieves. The modus operandi of bank breakers is installing skimmer in ATM mouth. After the customer data obtained, the perpetrator just insert into the ATM card. burglars will freely drain the customer's money. Problems that arise is the development of modus operandi crime skimming in the case of bank burglary bank as a form of cybercrime (cybercrime) And Efforts / Legal Steps in Tackling Crime Use of Information Systems and Electronic Transactions. This research is legal research using conceptual approach and statue approach which will review Law Number 11 Year 2008 regarding Information and Electronic Transaction. Based on the method used, it is known that the modus operandi of criminal skimming in ATM bankruptcy as a form of cyber crime and the application of article in Law Number 11 Year 2008 regarding Information and Electronic Transaction as an effort / step in tackling the crime of Information System Use and Electronic Transactions.]]>
<![CDATA[PENEGAKAN HUKUM KEHUTANAN DALAM UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN DITINJAU DARI PERSPEKTIF KEADILAN MASYARAKAT HUKUM ADAT ]]>
<![CDATA[Rugun Romaida Hutabarat]]>;
<![CDATA[Luisa Srihandayani]]>;
<![CDATA[Kexia Goutama]]>;
<![CDATA[Yoefanca Halim]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 2 (2018) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v16i2.4531
<![CDATA[Forest destructions has been escalating worldwide, including in Indonesia. Therefore, the Government issued Law Number 18 / 2013 on the Prevention and Eradiction of Deforestation (P3H) which was expected to guarantee legal certainty with emphasis on eradication of organized forest destruction. The problem to be discussed in this paper is about law enforcement and application of Law Number 18 / 2013 which frequently used to criminalize the indigenous people in Indonesia. The indigenous people have been criminalized on the ground of unlawful forest products utilization, while they merely foraging to fulfill their basic necessities. The criminalization of indigenous people is a conclusive evidence, which proof that Indonesian Goverment has been neglecting the indigenous people’s right. This paper use normative approach. The conclusion of this paper analyze that the problem of the criminalization happens in implementation level, which caused by the ignorance of law enforcement apparatus and vested interest.]]>
<![CDATA[AUDITOR HUKUM DI ERA DIGITALISASI DALAM UPAYA MENCEGAH TRANSAKSI TINDAK PIDANA PENCUCIAN UANG ]]>
<![CDATA[Urbanisasi Urbanisasi]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 2 (2018) ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v16i2.14907
<![CDATA[One of the legal auditors in Indonesia is the Center for Financial Transaction Reports and Analysis. In Law 8 of 2010 concerning the Prevention and Eradication of the Crime of Laundering, it expressly mandates the establishment of the Financial Transaction Reports and Analysis Center (PPATK) as a central institution (focal point) which Numbers the Implementation of the Act in order to prevent and criminal actor money laundering. in Indonesia. The problem is how are legal auditors in the digitalization era in an effort to prevent money laundering. The research method used is normative juridical research. The results of the research are that the existence of a legal auditor is one of the efforts to prevent money laundering crimes, where it is necessary to search for assets resulting from criminal acts, which are generally carried out by financial institutions through mechanisms regulated in laws and regulations. PPATK may cooperate in exchanging information in the form of requesting, giving, and receiving information with parties, both nationally and internationally.]]>
