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Contact Name
YUSUF ADIWIBOWO
Contact Email
lentera.hukum@unej.ac.id
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Journal Mail Official
lentera.hukum@unej.ac.id
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Location
Kab. jember,
Jawa timur
INDONESIA
Lentera Hukum
Published by Universitas Jember
ISSN : 23554673     EISSN : 26213710     DOI : -
Core Subject : Social,
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
Arjuna Subject : -
Articles 5 Documents
Search results for , issue "Vol 3 No 2 (2016): LENTERA HUKUM" : 5 Documents clear
Perlindungan Konsumen atas Kerusakan Mesin Mobil Akibat Penggantian Kaca Film Yusha Ridlo Pambudi
Lentera Hukum Vol 3 No 2 (2016): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v3i2.5352

Abstract

Often in the community, there are cases of fraud committed by business actors that are very harmful to consumers, one of which is, there is in Supreme Court Decision Number 353 K/Pdt.Sus-BPSK/2016. The consumer shall be entitled to his / her rights such as moral rights and economic rights and one of them shall be entitled to compensation from the business actor. This thesis research discusses to know the form of legal protection to the consumer on the replacement of car window film causing a damaged car engine, to know the judge's consideration in the Supreme Court Decision Number 353 K/Pdt.Sus-BPSK/2016 is following the Law Number 8 the Year 1999 on Consumer Protection. The type of research used is juridical normative (legal research) that is positive law. This research concludes that if the consumer suffers losses on the replacement of the window film of the car that causes damage, then the business actor has violated the provisions in UUPK and must compensate for the loss caused by the business that harms the consumer. KEYWORDS: Consumer Protection, Compensation, Window Film Of The Car.
Analisis Surat Dakwaan Penuntut Umum dalam Tindak Pidana Kekerasan Dalam Rumah Tangga Siti Umayaroh
Lentera Hukum Vol 3 No 2 (2016): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v3i2.5588

Abstract

The indictment is an authentic deed required for the commencement of criminal procedure proceedings. Therefore, the preparation and application of indictments by the prosecutor against the defendant must be following the provisions of the Criminal Procedure Code, as Article 143 explains that the indictment must contain formal conditions and material requirements. If it does not meet material requirements, the indictment shall be null and void. When the indictment no longer complies with the prevailing laws and regulations. Thus, it will affect the weakness of law enforcement in Indonesia and an error in Juris. This article contains 2 (two) issues, namely: (1) Whether the application of Article 351 paragraph (1) of the Criminal Code or Article 365 paragraph (2) number 1 and 3 of the Criminal Code in cases of domestic violence is following the principle lex specialis derogat legi generalist? (2) Is the alternative indictment formulated by the public prosecutor following the defendant's conduct? This research uses normative juridical research, by using a statute approach and conceptual approach. Obtained results and conclusions in writing this article that the application of the prosecutor's indictment in cases of domestic violence is not following the principle of lex specialis derogat legi general and the preparation of indictment letter in the form of an alternative not following the actions of the defendant. KEYWORDS: The Defendant, Error In Juris , The Principle Of Lex Specialis Derogat Legi Generalis.
Diskresi Kepala Daerah Dalam Penetapan Penjabat Kepala Desa Vella Graita Widyasari
Lentera Hukum Vol 3 No 2 (2016): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v3i2.8284

Abstract

Discretion is an authority owned by government officials in terms of performing an act that is deemed desperately needed by the community. The Government Administration Act Article 1 number 9 explains that discretion is a decision and action taken by government officials to overcome concrete problems which in the case of legislation provide a choice not to regulate, unclear, incomplete, and the existence of government stagnation. In terms of determining the position of the village head who had stopped and was dismissed the Law on Villages in 2014, stated that the replacement of the village head official was an interim official who was a civil servant in the regional government. This is deemed unclear in the regulations, besides being unclear or ambiguous, this rule has several judgments that will hamper the election of the acting village head. That way, the regional head who is obliged to still be able to carry out the duties of the public service and the application of the welfare state, thus can use the authority of discretion in terms of determining the village head official. The purpose of this discretion is done as a breakthrough and problem solver in society in general. The method of this research is juridical-normative. The approach used is the approach of legislation and conceptual approach. This is confirmed by the existence of the 1945 Constitution of the Republic of Indonesia opening of the fourth century, which states that every society needs to get welfare and elements of discretion which explains that discretion is aimed at public services, the public interest, and the needs of society. KEYWORDS: Head of Region, Discretion, Acting Head of Village.
Hak Terpidana Setelah Masa Penahanan atas Putusan Pidana Bersyarat Dizar Al Farizi
Lentera Hukum Vol 3 No 2 (2016): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v3i2.16878

Abstract

This research is a normative juridical legal research using a statutory approach and a conceptual approach. The collection of material through the literature study method, with primary and secondary legal materials. Furthermore, the legal material is studied and analyzed by the approaches used in this study to answer legal issues in this study. The results of this study indicate: the reduction of the period of detention is one of the conditions that must be met in a decision when the accused is detained. Failure to fulfill these conditions makes the verdict null and void. The problem that occurs is that in conditional criminal decisions, there is often no mention of a reduction in prison terms. Likewise, decisions are null and void which are not strictly regulated in the existing laws and regulations. Detention is the discretion of law enforcement officers that should not be applied to every suspect or defendant. So that the perpetrators of minor crimes or the losses incurred are small, detention is not always necessary. Even if the detention has been carried out, the judge can issue a verdict according to the period of detention. This is to ensure that the apparatus not only enforces the law but also upholds justice. KEYWORDS: Convict, Detention, Conditional Criminal.
Perolehan Kembali Status Kewarganegaraan yang Hilang Sandy Cahyono
Lentera Hukum Vol 3 No 2 (2016): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v3i2.12545

Abstract

A person's citizenship is a very important thing, In the relationship of the state and the individual shows how important a person's citizenship is, whether a person includes a citizen ora foreigner is of great consequence in this public life. Citizenship is the membership of a country in a simple way as the country is a particular association or organization. A person can lose citizenship or without citizenship (patricide). The type of study used in this study is a normative law study that is a process for establishing a rule of law. The conclusion of the study is that when a person reclaims citizenship that a person will be entitled to the right of citizenship as regulated of law in a Number 12 of 2006 on Citizenship of the Republic of Indonesia KEYWORDS: Citizenship, Citizen Rights, Apatride.

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