Jentera: Jurnal Hukum https://jurnal.jentera.ac.id/index.php/jentera <p>Jentera adalah jurnal hukum yang digagas oleh sivitas akademika dan peneliti pada Sekolah Tinggi Hukum Indonesia Jentera dan Pusat Studi Hukum dan Kebijakan Indonesia (PSHK). Terbit dua edisi tiap tahun. Jentera terbit setiap bulan Juni dan Desember setiap tahunnya.</p> Sekolah Tinggi Hukum Indonesia Jentera en-US Jentera: Jurnal Hukum 2580-4340 Authors who publish with this journal agree to the following terms:<br /> <br /> Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.<br /> <br /> Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.<br /> <br /> Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. Multiple Land Certificate Dispute Settlement And Its Form of Legal Certification https://jurnal.jentera.ac.id/index.php/jentera/article/view/40 <p><em>The 1945 Constitution of the Republic of Indonesia has provided legal guarantees and protections related to the rights of Indonesian citizens, including the rights of citizens to obtain, own, and enjoy property rights to land. Along with the times, community needs for land often lead to conflicts or disputes, both within individuals and within a group. Land dispute cases arise because of the recognition of ownership rights and control over the disputed land from each of the parties concerned. This then led to the emergence of dual land certificate ownership. In addition, issues relating to measurement and mapping as well as the provision of large-scale maps which are one of the requirements in the implementation of land registration should also not be underestimated and must be carried out carefully in order to ensure legal certainty in the field of control and ownership of land. Based on this background, the problem in this analysis is how legal certainty is for holders of dual land certificates and how to resolve disputes over dual land certificates. The method used in this paper is a normative juridical method. The data sources used are primary data sources and secondary data sources. In this study, it was concluded that in a dual land certificate dispute, preventive and repressive legal protection efforts could be carried out. In preventive legal protection, the community is given an opportunity to file an objection or submit an opinion before a government decision gets a definitive form. Meanwhile, in repressive legal protection, efforts are made to resolve disputes that have occurred. The factors that cause this dual land certificate dispute include public ignorance, weak rules regarding land registration, negligence, and the existence of a land mafia. Settlement of land disputes can be done through litigation and non-litigation. In non-litigation, the settlement can be done through negotiation, conciliation, mediation, and arbitration.</em></p> Syifa' Silvana Emir Fabrian Marino Roki Arnanda Copyright (c) 2022 2021-12-31 2021-12-31 4 2 Hak atas Kebenaran Bagi Korban Penghilangan Orang secara Paksa Periode 1997-1998 https://jurnal.jentera.ac.id/index.php/jentera/article/view/37 <p class="Body" style="margin-bottom: .0001pt; text-align: justify; line-height: normal;"><em><span lang="EN-ID" style="font-size: 10.0pt; font-family: 'Times New Roman',serif;">Enforced disappearances have been committed in Indonesia in the 1997-1998 years, following the decline of the New Order regime. 13 victims disappeared until this day. For victims’ families, the absence of ‘factual truth’ about his/her beloved fate and whereabouts is gross anguish and sorrow. Under international human rights law, the concept of the ‘right to the truth’ has been recognized, in parallel with the progressive development of international human rights law itself. With the normative research through the conceptual and comparative approach, this article explains the general concept of the right to the truth. It is indicated that the right to the truth is an absolute right entitled to the families of the victims. This article concluded that the state obligation to exercise the right to the truth shall be attained through an investigation, whether in the judicial or non-judicial means, for establishing the fate of the disappeared and disclose every fact of ‘truth’ concerning enforced disappearances case.</span></em></p> Munif Ashri Maasba Magassing Iin Karita Sakharina Copyright (c) 2022 2021-12-31 2021-12-31 4 2 Local Wisdom as the Reason for the Eradication of Crimes in the Case of the Land Clearing Crime by Burning https://jurnal.jentera.ac.id/index.php/jentera/article/view/43 <p><em>There are differences or ambiguities in the application of Article 69 paragraph (2) UUPPLH concerning local wisdom in clearing land by burning. By analyzing the judges’ considerations in cases that were decided in the 2010-2020 period and combining interviews and document studies, this study tries to clarify the debates or differences in the application and its position in the criminal law system. This study reveals that, there are judges who use local wisdom as the basis for acquitting the defendant and some who use it as a condition that reduces the sentence. Furthermore, the provisions that should only be binding on Article 69 paragraph (1) letter h of the UUPPLH are actually used in indictments other than the said article. The difference in the application of local wisdom in the courts occurs because there is no further explanation about the intent of paying attention to local wisdom in their respective regions so that in court the provisions of Article 69 paragraph (2) UUPPLH are interpreted differently by judges. In addition, the provisions of Article 69 paragraph (2) UUPPLH are actually more accurately positioned as the reason for eliminating criminals in the context of not being against material law. Therefore, the local wisdom should be changed to be in line with the RKUHP so that later it can apply in general, as a form of recognition of customary law or the living law in society.</em></p> Copyright (c) 2022 2021-12-31 2021-12-31 4 2 Observing the Philosophical Conception in Juridical Construction of Labour Strikes to Fulfill the Labour Rights in Indonesia https://jurnal.jentera.ac.id/index.php/jentera/article/view/39 <p><em>This research aims to examine the realization of the philosophical conception of labour strikes in the juridical construction of labour strikes in Indonesia as an effort to fulfill the labour rights. For this purpose, the research was conducted by using normative research which used two approaches, that were philosophical approach and the statue approach. A Philosophical approach was used to gain a complete understanding of the concept of labour strike. In another hand, the statute approach was used to read the juridical construction of labour strike in Indonesia. The statute approach was supported by primary legal materials and secondary legal materials. The data obtained were analyzed qualitatively and then described descriptively. This research shows that the philosophical conception of labour strikes fails to manifest in the juridical construction of labour strikes in Indonesia. This failure ultimately leads to the unfulfillment of labour rights. The failure of this manifest is a realization by the granting of big control to employers in negotiations and also the limitation of granting the wages for labour only when the strike is carried out with normative demands. Therefore, the author stated that is necessary to reconstruct the juridical building for labour strikes in Indonesia in order to fulfill the labour rights.</em></p> Syahwal Copyright (c) 2022 2021-12-31 2021-12-31 4 2 The People’s Right To Clean Water As A Derivation of Human Rights in The Universal Declaration of Human Rights https://jurnal.jentera.ac.id/index.php/jentera/article/view/66 <p><strong><em>Abstract</em></strong></p> <p><em>Once the vital role of water, especially clean water in human life makes human access to water so important. Therefore, the right to clean water is an important part of human rights and is a bridge to other human rights. The Universal Declaration of Human Rights provides guidance on how human rights are respected, protected and fulfilled by countries in the world. The right to water actually contains freedoms and ownership rights. The freedom referred to here includes guarantees for access to safe drinking water and sanitation, non-discriminatory, as well as guarantees of no interference with access to available drinking water supplies. Meanwhile, ownership rights include rights to water supply systems and management that provide equal opportunities for people to enjoy water, the right to access safe drinking water in sufficient quantities as part of maintaining life and health, access to safe drinking water and sanitation in detention, as well as the right to participate in policy formulation at the national and local levels related to water issues. The research method used in this study is juridical normative. From this research it can be concluded that Indonesia which has ratified the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as a further elaboration of the Universal Declaration of Human Rights should recognize the right to safe water and clean as a human right. Prevention of clean water crisis is an important thing that must be a priority, especially after the promulgation of Act Number 17 of 2019 concerning Water Resources.</em></p> <p><strong><em>Keywords: the right to water, people's right to clean water, universal declaration of human rights, water crisis.</em></strong></p> Fachriza Cakrafaksi Limuris Copyright (c) 2022 2021-12-31 2021-12-31 4 2