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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 7 Documents
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Search results for , issue "Vol 6 No 3 (2019): LENTERA HUKUM" : 7 Documents clear
Legal Conflicts in the Border Dispute between Indonesia and Timor Leste Dominikus Rato
Lentera Hukum Vol 6 No 3 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i3.14185

Abstract

This study aims to find the pattern of dependable approach in the border dispute settlement between Indonesia and Timor Leste in Oecusse. Historically, the community lived in the border area came from one ancestor. Because of social-political problems, however, the community subsequently followed the trajectory for which the partition between Indonesia and Timor Leste was undeniable. As a result of the partition, in the context, adat land should become the collective right of the community, which is situated under one adat law system but in the different national jurisdictions. This study questions on what causes collective land conflicts at the border of these countries. Using socio-legal and local wisdom approaches, as it is subsequently analyzed according to adat law, the study finds the cause that emerged as the result of the legal conflict between adat law and state law. If the state hands over the problem to adat communities or traditional leaders, based on their adat law dispute resolution, the conflict will resolve quickly. This study recommends the two states, Indonesia and Timor Leste, to provide the dispute resolution to adat or traditional leaders based on their adat law. Keywords: Legal Conflicts, Border Dispute, Adat Law.
ASEAN E-Commerce Legal Framework and Alignment of Lao PDR: A Review Phet Sengpunya
Lentera Hukum Vol 6 No 3 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i3.13709

Abstract

In the era of digital technology, the internet has become a new channel for meeting and social interaction of people all around the world, and it has also become an essential platform for commercial activities, especially e-commerce. E-commerce has become a significant driving force for the growth of the economy for all regions around the world. For example, ASEAN, ICT, and e-commerce are recognized as an essential segment for regional integration. ASEAN developed its legal framework in order to promote and facilitate the development of ICT and the growth of e-commerce within the region. Unlike the European Union, ASEAN is not a supranational organization, and it cannot legislate for a whole community. Thus its e-commerce legal framework is developed by harmonizing the Member Countries' national laws into the regional legal system. This paper aims to introduce how ASEAN designs its legal framework for regional cooperation, with a focus on e-commerce. The paper presents how Lao PDR, as a member country of ASEAN, fulfills provisions agreed under the e-ASEAN framework to help understand the way ASEAN Member Countries undertake action to align with ASEAN e-commerce legal framework. To this end, this paper also provides an overview of the e-commerce of ASEAN as a whole and Lao PDR. Keywords: ASEAN, Lao PDR, E-Commerce Legal Framework, Regional Legal System.
Utilizing Production Sharing Contracts (PSCs) as a Means for the Protection of Indonesia’s Natural Resources Hari Sutra Disemadi; Sahuri Lasmadi
Lentera Hukum Vol 6 No 3 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i3.13380

Abstract

Indonesia has the potential to manage natural resources in such a way that social justice, public welfare, and the prosperity of the people is also realized. Contract law is the primary legal umbrella used in efforts to protect natural resources from exploitation. This study uses normative juridical methods that prioritize secondary data as the primary sources. This study shows the form of the legal protection of state assets related to oil and gas management including the government has the right of immunity, the existence of provisions regarding state revenue, state levies, and bonuses and the existence of provisions for contractors to distribute a portion of the production share. Thus, the government uses Production Sharing Contracts (PSC) to enter into oil and gas management agreements with contractors, specifically regarding upstream business activities. The Oil and Gas Law does not elaborate on the meaning of the PSC. Rather, it only states that the PSC is one form of the contracts. Keywords: Production Sharing Contract, State Control, Protection of Natural Resources.
Garuda Indonesia-Rolls Royce Corruption, Transnational Crime, and Eradication Measures Satria Unggul Wicaksana Prakasa
Lentera Hukum Vol 6 No 3 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i3.14112

Abstract

The appointment of Emirsyah Satar, former President Director of PT Garuda Indonesia, and former Director of PT Mugi Rekso Abadi, Soetikno Soearjo who was the beneficial owner of Connaught International Pte. Ltd. as an intermediary for bribery against the Emirsyah in the alleged bribery case of aircraft and aircraft engine procurement from Airbus SAS and Rolls Royce PLC by PT. Garuda. Cross-border corruption carried out by Rolls-Royce is not only corruption committed by a private entity, but the case is also related to efforts to recognize the concept of Foreign Affairs Bribery as a new type of corruption. This research aims to find out the corruption as a transnational crime committed by multinational corporations and how inter-state cooperative actions can prosecute corruption cases. Legal questions raised are: (1) how can the United Nations Convention Against Corruption mechanism be used in exposing the Garuda Indonesia-Rolls Royce corruption case as a transnational crime, and (2) what legal remedies which can be applied to punish corruption committed between Garuda Indonesia-Rolls Royce? This study argues that, as part of transnational crime, of course, Garuda Indonesia and Rolls-Royce's corruption is an extraordinary crime that is not only detrimental to business practices but also the rule of law in Indonesia and other countries involved. Corruption done by Rolls-Royce, which involved Emirsyah Satar as a former director of Garuda Indonesia, has harmed Indonesia. Thus, Jurisdiction of criminal acts of corruption is needed. It should be under the legal system of corruption eradication in Indonesia. There is a need for interpretation because Indonesia is part of the state which ratified UNCAC through Law No. 7 of 2006. Therefore, recognizing the Foreign Affairs Bribery concept as part of a judge's rechtvinding (finding of law) of the Criminal Court that multinational/transnational corporations comply with and respect the rule of law and eradication of corruption in Indonesia. It includes in making lex specialis (law governing a specific subject matter) related to Foreign Affairs Bribery so that similar cases do not occur in the future for Indonesia. Keywords: Corruption, Transnational Crime, Garuda Indonesia, Rolls-Royce.
The Principle of Utilization of Rahn in Non-Cash Transaction of Gold at Islamic Banks Moh. Ali; Siska Hidayatur Rahma
Lentera Hukum Vol 6 No 3 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i3.9482

Abstract

Non-cash transaction of gold is one type of service by Islamic banks. Non-cash transactions of gold using the contract as a binder between Islamic banks and customers. The contract consists of a murabahah and rahn contract; this contract is contained in a Proof of Ownership of Gold (SBKE). In the rahn contract, there is a stipulation that gold, which is the object of cash, is used as collateral for Islamic banks. This study aims to analyze the validity and suitability of the rahn contract and future conceptions of noncash transactions of gold trading using the principle of benefit. The results showed that the rahn contract on the non-cash transaction of gold cash did not meet the validity of the contract contained in Article 21 KHES (Compilation of Sharia Economic Law) because there were provisions that contradicted Article 18 paragraph (1) item h of Law Number 8 of 1998 about Consumer Protection. Rahn in the non-cash transaction of gold is generally the same as the pawn only in the non-cash transaction of gold; there is an initial transaction in the form of murabahah. The next conception regarding the sale and purchase of gold in cash is a guarantee used no longer in the form of gold, but in the form of proof of ownership of gold or gold certificate, this is based on the MUI DSN fatwa Number 68 / DSN-MUI / III / 2008 concerning (rahn) Tasjily. Keywords: Non-cash Transaction of Gold, Rahn Contract, Principle of Utility
A Review of Pancasila under Globalization Shofi Munawwir Effendi
Lentera Hukum Vol 6 No 3 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i3.11090

Abstract

Pancasila dalam Pusaran Globalisasi (Pancasila under Globalization) is a book that aims to see Pancasila, Indonesia's state ideology, from a global perspective. This book suggests readers consider the role of Pancasila over the world's powers of other ideologies by presenting rare insights to discuss and bridge the understanding of continuities and changes that has existed in society. Changes include, but not limited, to social, political, economic change, and linkages with various variations of society. Those changes are massively happening in the era of globalization plus with the challenges of the government to filter it. This book is a compilation of writings from various excellent academics in their fields. Moh. Mahfud MD, foremost Indonesia's professor of law and politics, delivered the book's prologue, who critically questioned 'Is Pancasila still relevant?' in the era for which Pancasila is rarely seen to implement in public life. Given the fact that hitherto Indonesia has faced problems that have come out of the nature of Pancasila. Mahfud, in his prologue, asked the reader to reflect on the true meaning of Pancasila. In short, understanding the role of Pancasila in this globalized world, particularly as the nation's ideology, has become essential so that every Indonesian citizen will have a much more similar understanding, perception, and attitude towards Pancasila.
Formulating Criminal Liabilities Regarding Online Prostitution Trio Angga Laksana; Y.A. Triana Ohoiwutun; Fanny Tanuwijaya
Lentera Hukum Vol 6 No 3 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i3.14671

Abstract

This study aims to obtain similarities and differences regarding legal formulation in online prostitution. Hitherto, prostitution has remained to exist in Indonesian society. In context, the existing perpetrators of prostitution do not peddle conventionally but also virtually, in which online prostitution that gradually increases is a common term that refers to this phenomenon. The current law enforcement against perpetrators of online prostitution performs as the consequence of the national law in which national laws have yet remained to accommodate in criminalizing perpetrators of online prostitution. The criminalization of perpetrators in online prostitution may contrast with the principle of legality so that national laws should accommodate perpetrators of online prostitution regarding their criminal liability. In particular, these national laws should address whether to prohibit the attitude that proliferates online prostitution so that perpetrators of online prostitution should be accountable for their crimes. Henceforth, this measure intends to avoid the overlap of the principle of legality in criminal law. Keywords: Online Prostitution, Criminal Liabilities, Principle of Legality.

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