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INDONESIA
Lentera Hukum
Published by Universitas Jember
ISSN : 23554673     EISSN : 26213710     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
E-Journal Lentera Hukum merupakan sarana ilmiah bagi mahasiswa untuk menyalurkan pemikiran-pemikiran ilmiah di bidang ilmu hukum. Artikel yang dikirim belum pernah dipublikasikan atau tidak dalam proses penerbitan dalam berkala ilmiah lain. E-Journal Lentera Hukum terbit tiga kali dalam setahun yaitu April, Juli, dan Desember. Diterbitkan secara elektronik atas kerjasama Fakultas Hukum dan UPT Penerbitan Universitas Jember
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Articles 5 Documents
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Search results for , issue "Vol 2 No 2 (2015): LENTERA HUKUM" : 5 Documents clear
Penguasaan Tanah di Kawasan Sempadan Pantai dan Wilayah Pesisir Shofie Rudhy Aghazsi
Lentera Hukum Vol 2 No 2 (2015): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v2i2.20300

Abstract

Indonesia has large coastal areas that relatively rich in its resources. That’s why the coastal areas including the seashore boundaries are used to define the public interest, industry, tourism, settlements, even the privatization of beaches that brings damage either. Even more, according to the rules about seashore boundaries, it should be free from building settlements. It can make obscurity occupation causes there is no legal certainty for the people who live there. Therefore, it necessary the specific regulation about the occupation of the seashore boundaries include regulation about ownership, occupation, and maintenance. So, it will be arranged systematically. This article examines the regulation and how to do the protection as well as the management of the seashore boundaries and the coastal areas. Based on the study of literature, in practice, the rules of the seashore boundaries and coastal areas are regulated by Law No. 1 the Year 2014 about Changes to the Act No. 27 of the year 2007 about the management of Coastal Areas and The Small Islands. And also arranged by the Presidential Regulation Number 51 the Year 2014 about The Seashore Boundaries. Coastal areas management includes planning activities, utilization, supervision, and control of coastal resources. Whereas, the protection of the seashore boundaries includes prohibition, monitoring, control, also a determination of the boundary limits of the beach to retain its function as a local protection area. This article concludes with suggestions that are maintaining the existence of the seashore boundaries to protect the coastal areas. KEYWORDS: Land Occupation, Seashore Boundaries, Coastal Areas.
Hak Waris Anak Perempuan Menurut Hukum Adat Samin, Desa Klopoduwur, Kabupaten Blora Iin Nur Kholilah; Dominikus Rato; I Wayan Yasa
Lentera Hukum Vol 2 No 2 (2015): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v2i2.20301

Abstract

The samanic society that adheres to Adam's religion that has the principle of honesty, all religions to them equally well. The samin are convinced of a belief in the laws of nature and the law of karma. The people of samin use the title of inheritance instead of inheritance, and in sharing the inheritance of the samin community using the parental system only they do not always know the relationship of blood or the upper generation after the grandparents because they assume that all children are descendants of adam who have rights and obligations same. While the process of dividing the inheritance of the samin community does not distinguish the religion held by its descendants as long as it does not contradict the main points of the teachings of samin, in the division of inheritance as long as the parents are alive to avoid disputes. The author is interested to examine more about the division of inheritance, especially the part of girls in the community of samin, precisely in the village Klopoduwur, Kabupaten Blora. KEYWORDS: Rights of Inheritance, Girls, Samin Customs
Kerja Sama Pemanfaatan Barang Milik Daerah Berupa Tanah Dalam Bentuk Perjanjian Bangun Guna Serah Elia Cahya Putri; Iwan Rachmad Soetijono; Nuzulia Kumalasari
Lentera Hukum Vol 2 No 2 (2015): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v2i2.20197

Abstract

Build Operate and Transfer agreement is the utilization of state property in the form of land by another party by establishing a building and facilities, then utilized within a certain period which has been agreed, for after be handed back the land along with the building or facilities after the expiration of the term. This agreement comes as one of the new development patterns in terms of inviting the private sector to participate in national development and becoming a solution to problems in Indonesia in terms of land and funding. The method used in the writing of this essay is the method of writing normative juridical applying the rules of positive law, in the writing of this essay used several approaches are the approach of legislation, conceptual approach, and case approach. There are three principal in land law that have a role in the implementation of the Build Operate and transfer agreement, there are two ways of acquiring land management rights by investors in Build, Operate and Transfer Agreement, there are through a new concession or bankruptcy auction. KEYWORDS: Build Operate and Transfer Agreement.
Akibat Hukum Pembatalan Akta Kelahiran Terhadap Anak Natasya Immanuela Sandjojo
Lentera Hukum Vol 2 No 2 (2015): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v2i2.20284

Abstract

Research on the legal consequences of the cancellation of birth certificates against children aims to know the effect of law affecting the child, as well as a review of the determination and verdict of judges in the court who play a role in legal action cancellation of birth certificate. This research also describes the importance of birth certificate due to the low public awareness to register the birth certificate. Research conducted using normative juridical research, which faces legal issues with the process of discovering legal rules, legal principles, and legal doctrines relating to the issue of law. This study used a deductive method that begins from the things that are common then applied to the formulation of the problem and can produce answers that are specific and legitimate. Based on the results of research, from the various rules of law, doctrine, and judgment and the determination of the court, that the cancellation of the birth certificate carries considerable legal consequences for the child. This resulted in the status and position of the child, in which this study included several examples of determinations and court decisions regarding the cancellation of birth certificates. In addition, the relationship between children and parents connected with alimentation rights will not be interrupted as long as there is evidence of a blood relationship between parent and child. KEYWORDS: Legal Cancellation of Birth Certificate, Birth Certificate, Birth Certificate Cancellation.
Penerapan Prinsip Kehati-Hatian Notaris Ketika Membuat Akta Perjanjian Perkawinan Pisah Harta Risa Rachmawati; Rachmad Safa'at; Isma'il Navianto
Lentera Hukum Vol 2 No 2 (2015): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v2i2.20285

Abstract

The decision of the Constitutional Court Number 69/PUU-XIII/2015, meaning that the marriage agreement is no longer as a treaty made before marriage but may also be made during the marriage association, which was previously restricted by article 29 paragraph (1) of the marriage law that the marriage agreement was made after the marriage. However, the issuance of the decision of the Court MK Number 69/PUU-XIII/2015 without being followed by the implementing regulation resulted in practice there are many misunderstandings of understanding and the difference of legal application among the notary especially the notary of Malang city about the making of the deed. This shows the gap between the rules regarding the making of marriage agreement with the practice in society so that there are obstacles in the implementation of the law. This method used is the type of empirical legal research using the approach of legal sociology. As the results of this study indicate: first, that the notary must prioritize the principle of caution because there are still some legal issues related to the making of the marriage certificate of separation of property during the marriage bond in the mixed marriage after the decision of the Court MK Number 69/PUU-XIII/2015. Second, legal liability if the notary ignores the precautionary principle, may be liable for the deeds he or he has made, as well as the actions of the notary. Third, the application of prudential principles to the process of making marriage certificate deeds during the marriage must comply with the elements of article 1320 KUHPerdata (BW) and UUJN. KEYWORDS: Prudential Principle, Notary, Postnuptial Agreement, During Marital Bond, Intermarriage.

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