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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 7 Documents
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Search results for , issue "Vol 4 No 3 (2017): LENTERA HUKUM" : 7 Documents clear
Pembentukan Peraturan Kebijakan Berdasarkan Asas-Asas Umum Pemerintahan yang Baik Sadhu Bagas Suratno
Lentera Hukum Vol 4 No 3 (2017): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v4i3.5499

Abstract

The creation of policy is one of the prerogatives of a free and uninhibited (freies ermessen, or free discretion) government administrations. Although freies ermessen grants free authority to the government, within the framework of national the law said the government should still observe legislation and the Principles of Good Governance. However, at the implementation level, there are still many policies that which are difficult to put into effect due to ambiguous interpretation and conflicts of interest, thus resulting in legal uncertainty. Based on this, there needs to be an affirmation of the position taken by the Indonesian government regarding the contradictory relationship between written law and implementation, so as to ensure the appropriate application of the principles of freies ermessen. Keywords: Policy Rules, Freies Ermessen, Legislatin, Good Governance Principles
Penetapan Upah Minimum oleh Pengusaha Bisnis Kuliner yang Memiliki Surat Izin Usaha di Kabupaten Jember Anggia Permata; Edi Wahjuni; Ermanto Fahamsyah
Lentera Hukum Vol 4 No 3 (2017): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v4i3.4835

Abstract

Entrepreneurs of culinary business must have employees so their business can run smoothly. Additionally, they must also have a business license, as part of their legal obedience. Some of their legal responsibilities include the payment of minimum salary for employees, stated in regulations. In a practical matter, the payment of minimum wages faces problems, especially for small and medium business enterprises. This minimum wages' research is undertaken based on laws which set about employment, determination of minimum wages by culinary businesses, and legal solutions that employees can do if they did not get minimum wages salary. This research also uses the interview to collect data. Some of the respondents being interviewed are someone who has better knowledge about these problems. The conclusions from this research that salary payment is a never-ending problems, the things that entrepreneur’s thought fair for them but it’s unfair or employees, like minimum wages payments. Employees who did not get minimum wages salary choose to not reporting that, and quit their jobs. Keywords: Culinary businesses, Salary, Minimum Wages, and Employees
Quo Vadis Pembaharuan Hukum Pertanahan Nasional: Urgensi Pembentukan Peradilan Khusus Pertanahan dalam Penyelesaian Konflik Agraria yang Berkeadilan Muhammad Busyrol Fuad
Lentera Hukum Vol 4 No 3 (2017): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v4i3.5550

Abstract

The rise of national agraria conflicts that occurred seem to have been in the point is quite worrisome. Because he has a slice of various forms of human rights dimensionless violations. Various discourses in the effort to resolve the conflict continue. The discourse on the creation of a special court of land seems to have begun to gain a lot of attention. The reason, he is present in the situation of national agraria conflict that never ends, besides the passage of this discourse is full of momentum, which coincides with the draft Land Law Bill which is now entered the political space of legislation in parliament. A special court of land will certainly be a topic of discussion is quite fierce considering the issue will reach the settlement areas of national agraria cases that include land tenure by the plantation company (onderneming), PT. Perkebunan Nasional (PTPN), to the control of land by the military. This paper would like to discuss that the establishment of a special land court in the draft national land law is a necessity in solving a just national agrarian conflict. Keyword: Agraria Conflict, Violations of Human Rights, Special Court of Land
Kedudukan Akta Hibah dalam Sengketa Kepemilikan Hak Atas Tanah Anisa Rahma Hadiyanti; Rachmad Safa’at; Tunggul Anshari
Lentera Hukum Vol 4 No 3 (2017): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v4i3.5316

Abstract

On each social life will find a difference between behaviour with the law of norms. The discrepancy could cause dispute or tensions between each other that possibly also can happen in the family. The problems often arising during family Is the transition towards treasure in the form of grants from parents to their children. The settlement if there is a standoff over an object of the grant is forced to settle in a court. The Giving in a form of grant was conducted using an authentic deed as has been arranged in article 1682 Indonesian Civil Code. Public officials who given by statute an authority to make the deed of grants is land deed official. Related which for making such deed to as a basis for registration change as a result of a legal action the land. Related to the emergence of signs of a dispute over ownership under the grants, so In this case, every judge as milestone law enforcement have an interpretation of the difference against the rule of law in dispute resolution on the judicial process. In short, there is contradiction a norm between what has been decided by judges with the provision of article 1686 Indonesian Civil Code which the results of the uncertainty laws implementation of the article. Keywords: Deed, Grant, Property Rights, Land Rights
Perceraian dan Akibat Hukumnya terhadap Anak dan Harta Bersama Menurut Hukum Adat Osing di Desa Aliyan, Kecamatan Rogojampi, Kabupaten Banyuwangi Muhamad Jefri Ananta; Dominikus Rato; I Wayan Yasa
Lentera Hukum Vol 4 No 3 (2017): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v4i3.5587

Abstract

Divorce or dissolution of the marriage means the return of husband and wife into group family own. According to Osing adat law in Aliyan village, Rogojampi, Banyuwangi Regency, the divorce will give the rise to rights and obligations of children and joint property. The community of Osing adat law embraces the system of bilateral kinship which pulls the descendant line of the second parent with regard to the divorce by which children are given the freedom to choose by following the father or the mother. The community of Osing adat law never discriminates on the ground of biological children, legal children, adopted children and stepchildren, and legal position children. In the system of bilateral kinship, with regard to the divorce, the legal position of the property will return to the origin and joint property will be shared equally. Keywords: Divorce, Osing Adat Law, Legal Position, Children and Joint Property
Book Review: The First Muslims History and Memory Muhammad Bahrul Ulum
Lentera Hukum Vol 4 No 3 (2017): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v4i3.6176

Abstract

This is one of remarkably few recent books devoted to the Islamic theoretical conversation of constitutional law, by considering the genesis of polity within the Muslim community through historical, political, theological, and legal perspectives. The book provides the contentious concept of jihad and Islamic state which is perceived as the early Muslims’ legacy in this contemporary world. Specifically, it opens a window into the way of understanding the Muslim history by contesting Muhammad’s tolerant polity and the current extremism notion attached to Islam. Beginning the chapter, Asma Afsaruddin, an associate professor at the University of Notre Dame, presents an account of the dawn of Islam brought by the Prophet Muhammad. She takes the lifetime of Muhammad into an account of how the early Muslim community would be shaped from the age of ignorance (Al-Jahiliyya). The term Al-Jahiliyya refers to the time of recklessness and disregard for certain moral, spiritual, and social values revered by Muslims and other righteous people.
Wewenang Pemerintah dalam Pembubaran Organisasi Masyarakat Emanuel Raja Damaitu; Igam Arya Wada
Lentera Hukum Vol 4 No 3 (2017): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v4i3.5361

Abstract

Civil Society Organization (CSO) is an organization founded and formed by the community voluntarily based on the similarity of aspirations, wills, needs, interests and objectives to participate in development in order to achieve the objectives of the Unitary State of the Republic of Indonesia (NKRI). But many established organizations are not based on the common vision and mission required by the government. The emergence of a number of radical organizations that perform anarchist actions make people feel uneasy about the actions of mass organizations that commit acts of violence by using the pretext of religion as a justification reason. The Government in this case has considerable authority in Law No. 17 of 2013 on Civil Society Organizations where the ultimate estuary is the revocation of registered certificate which affects the dissolution of problematic community organizations. With the authority granted to the government, it is suggested that the government should be able to crack down on mass organizations which generate problematic causes and break public orders. Keywords: Government Power, Dissolution Of Civil Society Organization, Right to Association

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