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[PERLINDUNGAN HUKUM PERUSAHAAN ASURANSI SEBAGAI KREDITUR TERHADAP DEBITUR PERORANGAN YANG WANPRESTASI DENGAN JAMINAN HAK TANGGUNGAN MELALUI AKTA PEMBERIAN HAK TANGGUNGAN (APHT) ]]>
<![CDATA[Ulanda Destriana]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 2 (2021): Jurnal Era Hukum Volume 19 No.2 Tahun 2021 ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v19i2.12179
<![CDATA[ In this case the debtor commits a default making the insurance company as a creditor feel harmed. The rule of law is required in the implementation of the burden of Dependent Rights in order to protect creditors against debtors who default by using the Deed of Granting Of Dependent Rights (APHT). The formulation of the problem is how legal protection to the Insurance Company as a creditor when the individual debtor defaults with the guarantee of dependent rights through APHT in accordance with the provisions of Law No. 4 of 1996 on Dependent Rights (UUHT), and how the execution of Dependent Rights in accordance with the provisions of the UUHT and the interpretation of provisions in the UUHT with the Deed of Granting of Dependent Rights. The approach method is juridical normative, the research specification is descriptive analysis and data collection techniques using interviews and literature studies.The implementation of binding agreement with the guarantee of Dependent Rights in PT XXX is carried out in accordance with the agreement of both parties contained in the Deed of Borrowing, Power of Attorney To Impose Dependent Rights (SKMHT) and APHT before a Notary/PPAT. Settlement of Default by Using Dependent Rights in PT XXX is carried out using notification letter, warning letter and somasi letter. In UUHT that provide legal protection to creditors as holders of dependent rights when the debtor defaults, namely Article 1 number 1, Article 6, Article 14 paragraph (1), (2), (30), Article 20 paragraph (2), (3), Article 11 paragraph (2), and Article 7. In this research, the creditor has carried out the execution of the object of dependent rights in accordance with Article 20 UUHT is the creditor will conduct a public auction of the object of dependent rights as the repayment of his receivables...]]>
<![CDATA[PERTANGGUNG JAWABAN PT. GRAB INDONESIA TERHADAP PENGEMUDI YANG MENDAPAT ORDER FIKTIF ]]>
<![CDATA[Yenni Aurelia Marpaung]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 2 (2021): Jurnal Era Hukum Volume 19 No.2 Tahun 2021 ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v19i2.12186
<![CDATA[ Currently in Indonesia, one of the businesses is a rapidly growing business that is using the utilization of technology as a container. Entrepreneurs began to develop as well as compete to improve their business in innovation and creativity by the way of the utilization of technology as a means of business in accordance with the increasing needs of the community and ease in daily activitiesOne of the businesses that uses the utilization of technology is the application Grab, Grab is one of the platform services on demand, which is headquartered in Singapore. This app offers many choices of transport services ranging from taxis, private cars, motorcycles, food ordering, to delivery packages to meet the needs of passengers. But with financing through the cash there is one of the consequences of the transaction GrabFood where the occurrence order is fictitiousThe author using a case study approach which includes accountability for the PT. Grab Indonesia against the driver Grab that become victims to orders fictitious according to the law of consumer protection and the law a civil contract and using the theory of accountability ]]>
<![CDATA[KONFLIK NORMA KEWAJIBAN NOTARIS MERAHASIAKAN AKTA DENGAN KEWAJIBAN MELAPORKAN TRANSAKSI KEUANGAN YANG MENCURIGAKAN ]]>
<![CDATA[Yalid Yalid]]>;
<![CDATA[Birman Simamora]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 2 (2021): Jurnal Era Hukum Volume 19 No.2 Tahun 2021 ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v19i2.12175
<![CDATA[ The formulation of the problem in this study is how to resolve the conflict of norms of the obligation of notaries to keep the deed secret with the obligation to report suspicious financial transactions? The research method is carried out in literature with the type of normative legal research, according to dogmatic issues related to norm conflicts. The results showed that the conflict resolution of the norms of the obligation of notaries to keep the deed secret with the obligation to report suspicious financial transactions is a conflict of norms that can be resolved using legal principles as legal treatment, including: First, “lex superiori derogat legi inferiori”; Second, “lex specialis derogate legi generali”; Third, l”ex posteriori derogat legi priori”. Analysis of norm conflict resolution using legal preference techniques, the notary's obligation to keep the deed secret based on Article 4 paragraph (2), Article 16 paragraph (1) letter f and Article 54 paragraph (1) UUJN has legal force that cannot be defeated by the strength of Article 3 PP ML Reporters. Thus, a notary who does not report suspicious financial transactions cannot be said to have acted against the law. On the other hand, a notary is against the law if he leaks the secret of his position or opens the confidentiality of a deed based on the norms of “Article 4 paragraph (2), Article 16 paragraph (1) letter f and Article 54 paragraph (1) UUJN”. ]]>
<![CDATA[TINJAUAN HUKUM PENGUASAAN TANAH OLEH WARGA DI KECAMATAN TANJUNGSARI KABUPATEN SUMEDANG TERHADAP JALUR KERETA API NONAKTIF ]]>
<![CDATA[Ulima Fhadiah Ermahri]]>;
<![CDATA[Betty Rubiati]]>;
<![CDATA[Mulyani Djakaria]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 2 (2021): Jurnal Era Hukum Volume 19 No.2 Tahun 2021 ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v19i2.12182
<![CDATA[ Development in the transportation sector raises various land problems. One of them is the problem of land tenure without rights that occurs on the non active railroad. This problem arises because the residents live on the land of the former railroad track that has been inactive for a long time, such as what happened in Tanjungsari District, Sumedang Regency. The plan to reactivate the Rancaekek-Tanjungsari railway line is the beginning of problems related to land tenure. This study aims to determine how the legal status of the railroad tracks non active in Tanjungsari District, Sumedang Regency and how to solve the land problems. The research method used is juridical normative, the research specification is descriptive analysis. The method used is normative juridical analytical descriptive research. Based on secondary data and data collection using literature studies and interviews. The data analysis method used in this research is qualitative juridical. Based on the results of this study, it can be concluded that the legal status of land controlled by residents is assets belonging to PT KAI, which is state land controlled by PT KAI on the basis of mastery in the form of grondkaart. The residents occupied the land without rights. Therefore, in an effort to resolve the land issue, deliberation / mediation is necessary to find the best solution by taking into account the interests of the related parties, or it can be resolved by public consultation.]]>
<![CDATA[PENYELESAIAN SENGKETA DENGAN ARBITRASE SECARA ONLINE DI BANI PADA MASA PANDEMI COVID-19 ]]>
<![CDATA[Brian Austin Mauritz]]>;
<![CDATA[Heru Suyanto]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 2 (2021): Jurnal Era Hukum Volume 19 No.2 Tahun 2021 ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v19i2.12187
<![CDATA[ Globalization is something that cannot be avoided by humans in the world, including Indonesia. It can be said that because in fact, people's life in Indonesia has entered the digital era. This is due to technological advances and the use of the internet that make it easier for people to carry out their activities in any field. However, it is likely that a problem or dispute will occur due to the legal relationship that occurs online. With the existence of these disputes, the number of disputes that must be resolved becomes large and still must obtain a good resolution legally as well as face-to-face between the parties and the third party or the judge. Given the increasingly sophisticated technology, it does not rule out that technology or social media can be used to resolve a dispute or what is often referred to as Online Dispute Resolution (ODR) and online arbitration is included in it. Online arbitration was indeed carried out during the current Covid-19 pandemic. Therefore, the author wants to examine how certainty or legal basis and how to proceed online arbitration ]]>
<![CDATA[PENGURUSAN DAN PENGELOLAAN HARTA KEKAYAAN SUAMI ISTRI KE DALAM SUATU LEMBAGA “ TRUST” DAN AKIBAT HUKUMNYA TERHADAP HAK AHLI WARIS BERDASARKAN HUKUM WARIS PERDATA BARAT ]]>
<![CDATA[Armey Haryssa]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 2 (2021): Jurnal Era Hukum Volume 19 No.2 Tahun 2021 ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v19i2.12176
<![CDATA[ This thesis discusses theagreement on the management of the husband-wife’s assets under Trusts, as acknowledged in Anglo Saxon countries, in order to protect the family assets for future generations. The issues focus on how the enforcement of such an agreement is basedon Indonesia'slaws which, in general, do not acknowledge the trustsconcept (i.e., separation between legal ownership and beneficial ownership). In addition, the provisions under such agreement can potentially infringe the inheritance laws under the Indonesian Civil Code and in this case, whether the inheritance disposition will be subject to the inheritance laws or the said agreement. This thesis’ research methodology is legal normative. The research result has shown that the agreement on the establishment of a Trust for the purpose of managing the husband-wife’s assets cannot be made and enforced under Indonesia'slaws, rather it should be made and governed based on the foreign law where the Trust is established. However, such agreement will still be subject to the forced heirship laws under the Indonesian Civil Code (including the heir’s mandatory portion protected under the law or known as legitieme portie) and must be supported by a testament, being the stipulation acknowledged under the law to waive the applicability of the inheritance provisions under the law (to the extent permitted). Without a testament, the inheritance disposition will be determined by the law regardless of such agreement. Considering that setting up a Trust in other countries will be more beneficial to those assets located outside Indonesia, the Indonesian Civil Code also acknowledges several institutions having characteristics similar to Trust which may be used as mechanism for managing the inheritance estate (excluding legitieme portie) so as to protect those portion of estate for future generations. ]]>
<![CDATA[PELAKSANAAN PELEPASAN HAK ATAS TANAH ADAT SUKU WORIASI DI KABUPATEN KEPULAUAN YAPEN PROVINSI PAPUA SEBAGAI SYARAT PEMBERIAN HAK GUNA BANGUNAN PADA BADAN HUKUM PT. SINAR WIJAYA PLYWOOD INDUSTRIES DALAM KONTEKS KEPASTIAN HUKUM ]]>
<![CDATA[Rizki Hirmanto]]>;
<![CDATA[Mella Ismelina F.R.]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 2 (2021): Jurnal Era Hukum Volume 19 No.2 Tahun 2021 ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v19i2.12183
<![CDATA[ Land registration is regulated by the Basic Agrarian Law Article 29 (UUPA) also Government Regulation Number 24 of 1997 about land registration that has a purpose to give guarantee of legal certainty of land. Alongs with the use of Indonesia land increasingly to remote areas, the businessmen that need land as the business facility such as PT. Sinar Wijaya Plywood Industries did a request of Building Right to the land that was occupied by the community of Woriasi tribe. How the application procedure of the customary land Woriasi tribe relinquishment as the grants of Building Right to legal agency that is PT. Sinar Wijaya Plywood Industries already gives the legal certainty.The data collected from the field was analyzed descriptively qualitative where the primer and secondary data. The conclusion from the customary land Woriasi tribe relinquishment happened before between custom society with legal agency was agreed because discussion and fulfilment of the application of regulatory requirements Building Right. The state that holds the highest power could regulate the use of land also could be considered the aspects of the proposal that delivered and could be responsible by the applicant so appointed Decree of the Ministry of Agrarian and Spatial Planning / Head of the National Land Agency Number 34 / HGB / KEM / ATR / BPN / VI / 2019 is legality of the process of Building Right application. ]]>
<![CDATA[PERLINDUNGAN KONSUMEN TERKAIT PEREDARAN PRODUK IMPOR TANPA LABEL HALAL DI INDONESIA ]]>
<![CDATA[Wiwik Afidah]]>;
<![CDATA[Anang Dony Irawan]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 2 (2021): Jurnal Era Hukum Volume 19 No.2 Tahun 2021 ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v19i2.12188
<![CDATA[ Along with the globalization of trade that leads to a free market, resulting in more and more variations of products being sold, both in the form of products and services. This, on the other hand, has benefits for consumers, but on the other hand, it has the potential to harm consumers due to the actions of business actors in producing goods and services often not paying attention to consumer rights related to existing legal provisions, in this case the inclusion of labels. Halal for imported products Law Number 8 of 1999 and Government Regulation No. 69 of 1999 as a legal umbrella for consumers in Indonesia, has clearly regulated the obligation of business actors to include a label as proof of halal. The formulation of the problem in this study is about consumer protection efforts related to imported products without halal labels and Indonesian language labels according to the Consumer Protection Act. The research used is a normative juridical approach. The discussion materials used consist of primary legal materials and secondary legal materials. Furthermore, the analysis is carried out using the deduction method. Liability against importers can be requested civilly, criminally, and administratively. Based on the conclusion, it is recommended to provide legal certainty for consumers in Indonesia above, it is hoped that the government can increase supervision on the circulation of imported products in Indonesia. ]]>
<![CDATA[PELAKSANAAN PENERAPAN RAPID TEST DAN PCR DALAM PENERBANGAN: BERDASARKAN SURAT EDARAN GUGUS TUGAS PERCEPATAN PENANGANAN COVID 19 NOMOR 9 TAHUN 2020. ]]>
<![CDATA[Vera W.S. Soemarwi]]>;
<![CDATA[Nurulainni Triagustin]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 2 (2021): Jurnal Era Hukum Volume 19 No.2 Tahun 2021 ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v19i2.12177
<![CDATA[ The government represented by the COVID-19 Response Acceleration Task Force began to loosen regulations for people who want to travel using aircraft by issuing the Circular Letter of COVID-19 Response Acceleration Task Force Number 9 of 2020. According to the Circular Letter, prospective passengers are required to attach a rapid test result or negative PCR test result which is valid for 14 days. Passengers have objections to this requirement because of the high cost and this requirement is deemed to be inaccurate in detecting Covid-19 virus, moreover circular letters released during the pandemic often contradict with each other or with higher regulations. The purpose of this research is to find out if rapid tests and PCR tests carried out by aviation service users are able to prevent the COVID-19 transmission in the aviation sector and if the Circular Letter of COVID-19 Response Acceleration Task Force Number 9 of 2020 can be applied for the general public. The aim of this research hopefully can be useful for the public, law enforcers and law practitioners. This research uses normative legal research, with statute approach. Based on the interview result with 50 passengers, it shows that some of them object to this requirement. However, a circular may be applied for the public as long as the implementation of regulations is required and is in accordance with the field, and the previous regulations have not regulated nor covered the general public. ]]>
<![CDATA[PENYELESAIAN SENGKETA LINGKUNGAN HIDUP DI LUAR PENGADILAN BERDASARKAN UNDANG UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP (STUDI KASUS: PUTUSAN NOMOR 178/Pdt.G/LH/2019/PN Blb) ]]>
<![CDATA[Melvina Melvina]]>
<![CDATA[ Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 2 (2021): Jurnal Era Hukum Volume 19 No.2 Tahun 2021 ]]>
Publisher : <![CDATA[Faculty of Law - Tarumanagara University ]]>
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DOI: 10.24912/erahukum.v19i2.12184
<![CDATA[ The Indonesian state is rich in natural resources which are managed for the welfare of the people. However, there are times when the use of natural resources is carried out inefficiently and is only oriented towards short-term interests carried out by irresponsible human behavior which results in uncontrolled damage and pollution to natural resources. Environmental damage and pollution can lead to potential environmental disputes.The purpose of this paper is to find out how to resolve environmental disputes outside the court based on undang-undang nomor 32 tahun 2009 tentang perlindungan dan pengelolaan lingkungan hidup (studi kasus: putusan nomor 178/Pdt.G/LH/2019/PN Blb).The method used is a normative legal research method with qualitative normative analysis techniques and is subject to statutory research. The conclusion of this paper is undang-undang nomor 32 tahun 2009 tentang perlindungan dan pengolaan lingkungan hidup.a way to settle environmental disputes outside the court is provided in order to reach an agreement on the form and amount of compensation and/or on certain actions to ensure that negative impacts on the environment will not be repeated.]]>
