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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
 1 
Search results for , issue "Vol 7 No 3 (2020): LENTERA HUKUM" : 7 Documents clear
Gender Analysis in Indonesia's Legislation Regarding Political Laws Erlina Erlina; Nika Normadilla
Lentera Hukum Vol 7 No 3 (2020): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v7i3.20117

Abstract

This paper examines Indonesia's current legislation on politics, inter alia, Political Parties Law, Election Law, and Parliament Law, by using gender analysis. This paper considers how these laws ensure equitable access, participation, control, and benefits for men and women. Under the justice and gender equality approach, these laws are not optimal, especially under the control and benefit indicators. In this context, Political Parties Law contributes more to the indicator of access, while Electoral Law provides access and participation indicators. At the same time, Parliament Law is expected to contribute the most to the control and benefit indicators. However, it is regrettable that Parliament Law does not comply with these two indicators. Also, the Constitutional Court's interpretation was not followed in a series of legislative revisions of Parliament Law. Therefore, the gender approach in the legislative revision of these three laws should be encouraged to benefit from social life with more just and non-discriminatory. It should also provide equal opportunity for every citizen to gain access, participatory rights, control, and benefits in development. Hence, it is inevitable to the importance of the government commitment in gender mainstreaming in policy, harmonization, and synchronization of laws and regulations. KEYWORDS: gender justice and equality, political laws, women's representation.
Legal Aspects of Artificial Intelligence on Automated Decision-Making in Indonesia Denindah Olivia
Lentera Hukum Vol 7 No 3 (2020): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v7i3.18380

Abstract

This paper analyzes the importance of Indonesia's comprehensive legal framework on automated decision-making empowered by Artificial Intelligence, comparing it to the European Union, the United States, and China. Specifically, this paper inquires about the status quo of the legal protection of automated decision-making In Indonesia. The analysis highlights profiling in an automated decision-making system with the following discussion about personal data protection. In this context, the European Union's member states set out the General Data Protection Regulation (GDPR) that prohibits automated decision-making to a certain extent. In the United States, the practice of automated decision-making is rather usual. Simultaneously, China takes an exceptional measure instead and develops this automation through a social credit system. The analysis concludes that Indonesia has weak legal protection towards personal data and profiling, which later becomes the basis in facilitating automated decision-making. The provision of automated decision-making and profiling is the absolute bare minimum to Indonesia's Personal Data Protection Bill due to insufficient legal certainty. In the end, it is paramount for lawmakers to consider a comprehensive regulation on automated decision-making by adopting the European Union's GDPR framework. KEYWORDS: Artificial Intelligence, Automated Decision-Making, Personal Data Protection.
Omnibus Law in Indonesia: A Comparison to the United States and Ireland Bayu Dwi Anggono; Fahmi Ramadhan Firdaus
Lentera Hukum Vol 7 No 3 (2020): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v7i3.19895

Abstract

Recently, omnibus law has become a critical discourse in Indonesia, both academically and practically. This discourse emerges from the relatively fast drafting and ratification of the Job Creation Law. This law's formation uses the omnibus law method because it contains many laws' substance into one law. One of Indonesia's fundamental issues is the absence of rules, methods, and techniques for forming the omnibus law. On the other hand, the techniques and methods of forming these omnibus laws have been practiced in various countries to accelerate the legislative process and organize regulations. However, public participation becomes one of the fundamental shortcomings to draft the legislation under omnibus law. This article aims to review and compare the omnibus law concept applied in selected countries, referencing the United States and Ireland as the model. This article also analyzes how to form the ideal omnibus law by learning from the omnibus law application in other countries that have successfully implemented it first. This study finds that omnibus laws in the United States and Ireland contribute to ushering hyper-regulation symptoms that are vulnerable and hamper economic development. The above comparison needs to be adjusted to the Indonesian context to enact the omnibus law. KEYWORDS: Omnibus Law, Indonesian Law, Comparative Omnibus Law.
The Impact of COVID-19 Through the Lens of Islamic Law: An Indonesian Case Mohammad Syahrul RA; Yusuf Hamdika; Sholahuddin Al-Fatih
Lentera Hukum Vol 7 No 3 (2020): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v7i3.18983

Abstract

Coronavirus Disease 2019 (COVID-19), a virus found in China, has spread worldwide as it has become pandemic. As a result, significant and detrimental impacts are undeniable to global citizens, including those in Indonesia. With the government's suggestions like introducing physical distancing and large-scale social restriction, they slow down economic growth. Also, they impact religious practices, particularly those performed by Muslims in Indonesia. This paper will discuss the impact of the COVID-19 pandemic through the lens of Islamic law. There are two main issues to analyze. First, what is the impact of COVID-19 on community activities in the view of Islamic law? Second, what is the impact of COVID-19 on religious communities in carrying out worship? This paper finds that the COVID-19 pandemic has adversely impacted religious worship activities in public places by considering this virus's rapid transmission. It is followed by the closure of worship places to encourage citizens to practice their religious activities at home. Thus, the whole community was urged, and some were prohibited following the mapping zone experienced by each region. Given Islamic law is believed and trusted by Muslims, in the end, the government has issued a new normal policy by opening places of worship with health protocols. KEYWORDS: COVID-19, Islamic Law, Religious Practices, Indonesian Muslims.
Risk Mitigation of Disease Pandemic in the Indonesian Banking Industry: In Response to COVID-19 Nikmah Mentari; Uni Tsulasi Putri
Lentera Hukum Vol 7 No 3 (2020): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v7i3.20146

Abstract

As an intermediary institution, the banking industry plays a critical function in the economy. Unpredictable conditions such as disease pandemic, exemplified from the unprecedented COVID-19 outbreak, result in loss to the banking industry due to the weakening of the national economy. In the future, then, the banking industry requires early preventive action for a similar case through specific risk mitigation towards disease pandemic. This paper aims to discuss the urgency of the risk mitigation towards the pandemic in the banking industry, following the risk mitigation scheme in facing the pandemic with its relevant regulation. This paper shows that the pandemic's responsive risk mitigation has become essential to strengthen the banking’s intermediary function and performance during the pandemic. The existing risk mitigation regulation solely relates to the non-performing loan in normal conditions. In the meantime, disease pandemic like COVID-19 is excluded because it is beyond the normal situation. Its adverse impact has leveraged more significant extent due to emergency conditions. In case of a disease pandemic, the bank can soon take early preventive action before the pandemic strikes within the domestic territory without waiting for central government-specific regulation, but it should. However, it remains practiced under the relevant laws. KEYWORDS: Risk Mitigation, Disease Pandemic, COVID-19, Banking Industry, Indonesia.
Geographical Indications in Trade Commodities for Promoting Sustainable Economic Development in Indonesia Dwi Tiara Kurnilasari
Lentera Hukum Vol 7 No 3 (2020): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v7i3.19474

Abstract

The recent COVID-19 pandemic has disrupted many countries. It leads them to imbalance conditions in various sectors, particularly in the economic sector due to the shifting of people's habits. Amidst the recession, Indonesian local horticulture commodities increase in rates, supporting Indonesia's revenue. In Indonesia, abundant natural resources with numerous potential Geographical Indications (GI) need the government and other related parties' intense role. It currently results in weakness in many ways to support sustainable economic development. This study aims to discuss the protection of Geographical Indications both in national and international laws, and analyze certain vital steps to efficiently utilizing Indonesia's GI as trade commodities. The paper will mainly discuss Geographical Indication legal protection and ways to utilize it for the country's economy. The study finds that the legal protection of GI in Indonesia is still considered weak and lacks in parties' active involvement in managing GI-based trade commodities and products. The research concluded that to strengthen GI protection in Indonesia, related party involvement and continuous monitoring and promoting are necessary to be done. Furthermore, the advice is to increase local community awareness by government and non-governmental organizations toward GI potential. It includes developing an efficient protection and management system that fully maximized each party's ability to execute its responsibility. KEYWORDS: Geographical Indications, Intellectual Property, Economic Development.
The Reverse Burden of Proof in Indonesia's Money Laundering: A Review Adinda Putri Jade; Yaris Adhial Fajrin; Diah Nadia Putri; Aisya Sanghra Devi Nugraha
Lentera Hukum Vol 7 No 3 (2020): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v7i3.18680

Abstract

Money laundering has become one of Indonesia's serious criminal offenses. Then, cases related to it should proceed under the specific regulation and procedure. In Indonesia, money laundering is a further crime preceded by predicate offenses. In practice, there are two main problems to apply in money laundering: first, the principles' difference between national and international criminal laws, and second, their norm contradiction. Although the money laundering crime is claimed to be a further crime, it is separated from the preceded crime in prosecution, investigation, and evidence. This study aims to review the juridical contention of the reverse burden of proof in money laundering by considering the existing challenges to apply the norms. This study confirms that there is a juridical problem in the reversal of proof mechanism in money laundering. Therefore, the government should harmonize the existing laws relating to the reverse of the burden of proof in money laundering. It is essential to reform the existing regulations by harmonizing laws related to this case. It considers the existing fragmented criminal provisions set out in the Criminal Code and special laws to indicate serious crimes. This harmonization contributes to restoring the return of the state's losses resulted from this crime. Regulatory reform is inevitable. The government then needs to strengthen diplomatic relations with other countries, especially to enforce national laws through Mutual Legal Assistance (MLA) and extradition of money laundering perpetrators. KEYWORDS: Indonesian Money Laundering, Money Laundering Act, Reverse Burden of Proof.

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