Era Hukum - Jurnal Ilmiah Ilmu Hukum

CRYPTO ASSET TRENDS IN INDONESIA: NEW CHALLENGES TO INDONESIAN REGULATIONS

Lewiandy Lewiandy — 2022-09-09

Cryptocurrency started its boom in Indonesia in 2013 and ever since, its popularity has soared in the community, especially among younger generations. Most enthusiasts agree that it is a captivating investment instrument due to its high return in the past years. The covid-19 pandemic strike, which led to series of lockdowns, plays a major role in echoing the digital asset’s popularity. The rapid growth of the asset’s adoption invites questions of regulation necessity and the role of related regulators. This writing addresses those questions and, in the end, this paper finds that the regulators need to identify the economic problems rise with the existence of the crypto assets and regulate sufficiently to ensure the innovation is not halted due to overregulation. This writing uses a juridical-normative research method with a case approach. Regulations made by the Government as the regulator are needed in order to realize protection, legal certainty and harmony in regulating investment activities and payments with cryptocurrency.

ILMU FORENSIK SEBAGAI LANGKAH PENYELESAIAN KASUS PIDANA MUTILASI DALAM PERANAN PEMBUKTIAN DI HADAPAN HUKUM

Karyn Karyn — 2022-09-09

Proof of murder and other crimes related to forensic science to reveal the perpetrators of crimes and their evidence, the purpose of this study was to determine the important role that forensic science has in solving crimes and the strength of the evidence of Visum et Repertum in court, the research method taken at This writing is a normative legal method in which Primary legal material contains premeditated murder as regulated in 340 of the Criminal Code, legislation Number 8 of 1981 concerning the Criminal Procedure Code, Number 29 of 2004 concerning Medical Practice, to solve this criminal case requires various types of knowledge. forensics, which is stated in the National Police Chief Number 10 of 2009 concerning Procedures and Requirements for Technical Requests for Criminal Cases at Case Incidents and Criminal Laboratory for State Evidence of the Republic of Indonesia. The case that was brought to the mutilation criminal case was focused on the decision Number 1036/Pid.B/2008/PN.DPK, the element of deliberate intentional killing of lives has been proven by fulfilling the implementation of Article 340 of the Criminal Code with this decision.Keywords: Criminal Acts, Forensic Science, Visum et Repertum, Premeditated murder

KETENTUAN PEMENUHAN HAK ANAK LUAR KAWIN ATAS PENERIMAAN HARTA WARISAN DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 1594K/PDT/2018)

Vanessa Vanessa — 2022-09-09

Regarding the legal position of illegitimate child in terms of inheritance which is different from legitimate child, it quite often found errors occur. The incident where an error occurred in the distribution of inheritance was also found in the case of the Supreme Court's Decision Number: 1594K/Pdt/2018. Based on this case, a problem arises regarding the equal distribution of inheritance between legitimate child and illegitimate child. Then, problems arise, namely how the legal position of illegitimate children in receiving inheritance and what form of legal protection for illegitimate children who do not fulfil Article 272 of the Civil Code in receiving inheritance. The author uses normative legal research methods. the legal position of an illegitimate child who fulfills Article 272 of the Civil Code with a legitimate child is only the same for the ownership of saisine, heriditatis petitio, and legitieme portie rights, but the share of inheritance is different. Meanwhile, illegitimate children who do not fulfil Article 272 of the Civil Code can obtain legal protection like receiving grants or testaments. So, the author can conclude that the portion of illegitimate children who fulfill Article 272 of the Civil Code gets a smaller share than legitimate children. For illegitimate children who do not fulfil Article 272 of the Civil Code, they are still entitled to legal protection like receiving grants or testaments. It is better for people who will become heirs to be able to distribute inheritance to their heirs fairly and equitably based on the provisions stipulated in the Civil Code.

TELAAH KRITIS TERHADAP PERLINDUNGAN FREEDOM OF SPEECH DALAM HONGKONG SECURITY LAW DITINJAU BERDASARKAN DEKLARASI BERSAMA TIONGKOK – INGGRIS 1984 (SINO-BRITISH JOINT DECLARATION 1984)

Madeleine Lie — 2022-09-09

The Sino-British Joint Declaration was a declaration that was signed by Great Britain and China in 1984 in other to discusses about Hongkong which was under British control at that time where British gave Hongkong to China as the part of 99 year lease, but it ended up in disaster after the Hongkong's 2020 National Security Law.The type of research that the author uses is normative where this research refers to international regulations that apply in international relations, court decisions, and norms that apply in international relations.Based on the studies that have been carried out and based on expert opinions and theories that have been put forward, it can be concluded that China violated the contents of the Sino-British Joint Declaration which protects the principle of Freedom of Speech in Hongkong with the ratification of the Hongkong National Security Law.Based on the conclusions above, the authors provide the following suggestions, the Chinese government must carry out International Responsibility by revising the Hong Kong National Security Law both in substance (to avoid rubber articles such as Article 29 point 5) and the process of making the law to follow the law-making procedures in force in Hong Kong.

LEGALITAS PERJANJIAN JUAL BELI MELALUI E-COMMERCE SECARA ONLINE MELALUI FITUR TAWAR MENAWAR YANG MERUGIKAN PIHAK PENJUAL

Bodhi Alivian — 2022-09-09

The act of buying and selling is a common thing in society, in its development buying and selling can not only be carried out face-to-face, but with the development of technology and information, these activities can be carried out through online market applications. With this development, to attract public interest in the application, various features were added with a hope that these features could attach the community interest in online buying and selling activities. One of the features provided is the bargaining feature, where the seller and buyer can negotiate the price until a certain point that has been agreed by both parties. However, in practice, many irresponsible parties misused this feature by taking advantage of the negligence of one other party, in this case the seller was the victim and by this action the seller was aggrieved in economic terms. Therefore, this journal will discuss the legality of the sale and purchase agreement which occurred based on the negligence of a party that aggrieves the seller in the online market by using the bargaining feature.

KAJIAN YURIDIS MENGENAI LEGALITAS ABORSI DALAM KASUS PEMERKOSAAN SERTA KAITANNYA DENGAN PENGATURAN ABORSI DALAM RUU KUHP (PERBANDINGAN ANTARA TINDAK PIDANA ABORSI DALAM SISTEM HUKUM INDONESIA DAN ABORSI DALAM SISTEM HUKUM SINGAPURA)

Tiara Rahmawati — 2022-09-09

Abortion has been a controversial topic throughout history due to a variety of perspectives. There are pros and there are cons. Including the regulation of abortion in the Draft Law (RUU) of the Criminal Code, where there are provisions and/or Articles on abortion and/or abortion. In the Criminal Code, abortion is regulated in Articles 251, 415, 469, 470, and 471. Then when we look at the act of abortion that is legalized according to the provisions in his country, the real example is in Singapore which is in the Termination of Pregnancy Act Cap. 324 the implementation of abortion is not prohibited. Meanwhile, in the ius constitutum of Indonesia, abortion is a criminal act or crime against life regulated in Articles 229, 346-349, and 535 of the Criminal Code, and regarding the exemption of abortion in Indonesia itself is regulated in Law No. 36 of 2009 on Health. Therefore, this writing, the author intends to legally examine the legalization of abortion in rape cases in Indonesia, which should be in the Criminal Code as a constituent can contain the rules, with a comparison between abortion in Indonesia and abortion in Singapore.