Perspektif Hukum
Perspektif Hukum P-ISSN 1411-9536 and E-ISSN 2460-3406 is open-access-peer-reviewed law journal affiliated to Faculty of Law, Hang Tuah University and Publhised by Hang Tuah University, in printed version on 2001. The aims of the journal are to be a medium for legal scholars and practitioners to contribute their ideas resulted from legal research as well as conceptual articles to be disseminated publicly for Indonesian legal development. It is publhised twice a year in May and November. The scope of the articles concern on legal issues involving Maritim Law, International Law, Criminal Law, Private Law, Constitutional Law, Administrative Law, Environmental Law, Technological Issues, and Jurisprudence.
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131 Documents
<![CDATA[Pidana Perampasan Kemerdekaan Mandiri sebagai Jenis Pidana Alternatif untuk Mengurangi Kelebihan Populasi (Overpolulation) Narapidana di Lembaga Pemasyarakatan dan Beban Pemerintah ]]>
<![CDATA[Angkasa]]>
<![CDATA[ Perspektif Hukum VOLUME 20 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v20i2.11
<![CDATA[The population in Indonesia’s correctional institution presents an alarming situation, because as of August 25, 2020, with a capacity to hold 133,169 prisoners, however, the total population stands at 232.585 prisoners. It is showing that the national prison population increased dramatically with an occupancy rate of 75 %. Not only is this causing a negative impact that can lead to prisonization that are counterproductive to the purpose of the imprisonment, but violating human rights. Many of the regulations contained in the criminal law such as restorative justice in the juvenile justice system or restorative justice formulated on Indonesian National Chief Police Regulation Number 6 of 2019 concerning criminal investigation are actually can be used to reduce the entry of the prisoner to the correctional institution but has not yet been done significantly. There are also many regulations to reduce the prison population such remission, leave before released or conditional release, but the methods do not appear to be able to significantly reducing population in the correctional institution and this condition leads to the violations of the human rights of prisoners and it is contradicting to the purposes of the imprisonment. Theoretical study using the library research method based on secondary data is conducted and concluded that a new form of criminal sentence can be suggested which has not been regulated yet in the country’s existing criminal law or formulated in Indonesia draft’s criminal code. A new form of criminal sentence is self-funded deprivation of liberty, which means taking someone’s freedom away based on a court judgment decided that someone is deprived of their liberty if they are legally proven guilty to have committed a crime. The enforcement of the self-funded deprivation of the liberty carried out by keeping the offender to stay in their house or in other designated places. The costs borne entirely by the crime offender and their families and the offender is also not permitted to leave home, and that the supervision from the correctional centers (BAPAS) and community may also be instituted.]]>
<![CDATA[Perluasan Kewenangan Pengawasan Dewan Perwakilan Rakyat Republik Indonesia Berdasarkan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 ]]>
<![CDATA[Hananto Widodo]]>
<![CDATA[ Perspektif Hukum VOLUME 20 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v20i2.12
<![CDATA[In general, there are at least 3 functions of the people's representative body. First, the function of legislation. Second, the supervisory function. Third, the budget function. This type of research used in this study is normative research. By using a statutory, conceptual and historical approach. The authority of the DPR's oversight before and after the amendment to the 1945 Constitution does not only lie in the regulation, where before the change is stipulated in the explanation and after the amendment to the 1945 Constitution is regulated in the Articles of the Constitution, but there is an expansion of the intended subject. In the 1945 Constitution prior to the amendment, the supervision of the House of Representatives was only addressed to the President whereas after the amendment to the 1945 Constitution the supervision of the House of Representatives was not only addressed to the President, but to all agencies or officials who carried out Government functions. The authority of the House of Representatives in conducting oversight becomes wider after the issuance of the Constitutional Court ruling No. 36 / PUU-XV / 2017, because independent state institutions, such as the Corruption Eradication Commission and the Election Commission can be subject to oversight by the House of Representatives.]]>
<![CDATA[Pemenuhan Hak Asasi Manusia kepada Etnis Rohingya di Myanmar ]]>
<![CDATA[Dewa Gede Sudika Mangku]]>
<![CDATA[ Perspektif Hukum VOLUME 21 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v21i1.14
<![CDATA[The occurrence of human rights violations against the Rohingya ethnicity in Myanmar has become an international concern. The Rohingya, who have lived for generations in this part of Myanmar, are not getting justice from the Myanmar government. The various human rights violations that have occurred are of course against the basic instruments of international law. This study aims to describe and analyze international human rights arrangements with regard to the protection of the Rohingya ethnicity, as well as any obstacles in providing protection for the Rohingya ethnic group so that no solution has been achieved in resolving these human rights violations. In this study, using a normative legal research method with a statutory approach, a case approach and an analysis approach. The type of legal material in this research is secondary data consisting of primary, secondary and non-legal materials. Then processed and analyzed using prescriptive methods. Based on the research results, it is known that legal protection of the Rohingya ethnicity in accordance with international human rights instruments has not been fulfilled because there are various obstacles in resolving the root of the conflict on human rights violations in Myanmar. Some of them are the reluctance of the Myanmar government to resolve cases of Rohingya ethnic human rights violations. In view of the lack of willingness of the Myanmar government to resolve cases of human rights violations, the UN criticized and attempted to carry out humanitarian intervention to resolve gross human rights violations against the Rohingya ethnic group. For this reason, this paper seeks to elaborate on what responsibilities the Myanmar government should provide for protection according to international human rights as well as what obstacles have caused cases of human rights violations against ethnic Rohingya to be resolved.]]>
<![CDATA[Pelaksanaan Peradilan In Absentia dalam Penanganan Tindak Pidana Korupsi dikaitkan dengan Hak Asasi Manusia (HAM) ]]>
<![CDATA[Sayyid Umar Al Masyhur]]>;
<![CDATA[Tjokorda Istri Kumari Maharatu Pemayun]]>;
<![CDATA[Luh Putu Rahayu Gita Pertiwi]]>;
<![CDATA[Komang Giri Arta]]>
<![CDATA[ Perspektif Hukum VOLUME 21 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v21i1.15
<![CDATA[Justice in absentia In the criminal act of corruption has been the pros and cons to date, there is an assumption that the trial in absentia is a violation of human rights because it is related to the human rights of the accused as a human being who has the right to defend himself in court, on the other hand the trial in absentia can be carried out as long as the defendant is completely unknown so that he cannot be present at the trial hearing due to running away (fugitive). This paper discusses the implementation of justice in absentia in the handling of criminal acts of corruption associated with human rights in efforts to save state finances, this study aims to determine whether the trial process of a court hearing a defendant can be sentenced to a criminal sentence by a judge without the defendant himself being present. a judicial process in absentia. The research method used is normative research using data collection methods, namely library research (library research) by searching, reading and studying and understanding secondary data related to the problem under study. The results of this study indicate that trials in absentia can be implemented and do not violate human rights as long as they are implemented through correct procedures and based on statutory provisions. The in absentia trial aims to break the impasse in examining defendants who are not present at the trial and efforts to save state finances, both those that have been corrupted and those that are still suspected of having something to do with corruption cases, both those that have been confiscated and those that have not been confiscated to be confiscated for the state through a court decision.]]>
<![CDATA[Peran Pengawasan Pemerintah Dan Badan Pengawas Obat Dan Makanan (BPOM) Dalam Peredaran Obat Palsu di Negara Indonesia (Ditinjau dari Undang-Undang Nomor 36 Tahun 2009 dan Peraturan Kepala Badan Pengurus Obat dan Makanan) ]]>
<![CDATA[Marisca Evalina Gondokesumo]]>;
<![CDATA[Nabbilah Amir]]>
<![CDATA[ Perspektif Hukum VOLUME 21 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v21i2.16
<![CDATA[Abstract Drugs play a very important role in health services because the handling and prevention of various diseases cannot be separated from the treatment with drugs. Therefore, a supervisory role is needed for the Government and the National Agency of Drug and Food Control (NADFC) to always supervise the circulation of counterfeit drugs in the community as a form of prevention. The research method used is normative juridical. The results showed that monitoring the presence of counterfeit drugs had a wide-dimensional and complex problem aspect. In order to reduce the risk as small as possible, it requires a supervisory role by the government and NADFC through regulation and standardization; safety, efficacy and quality assessments through Good Manufacturing Practices (GMP) and medicinal products before being allowed to circulate in Indonesia must obtain a distribution permit, inspection, sampling and laboratory testing of products in circulation as well as warnings to the public supported by law enforcement.]]>
<![CDATA[Implikasi Pola Koalisi Partai Politik terhadap Dinamika Penyelenggaraan Pemilihan Presiden Indonesia ]]>
<![CDATA[Ahmad Siboy]]>
<![CDATA[ Perspektif Hukum VOLUME 21 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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<![CDATA[The coalition of political parties in nominating the presidential and vice-presidential candidate pair is a necessity. This is because none of the political parties received a majority vote, making them need support from other parties to meet the presidential threshold requirement. However, the established coalition mostly is not based on the same vision, mission, and ideology. The coalition is based on the developed political situations and conditions or for power-sharing such as sharing ministerial seats. As a result, the composition of the coalition in each presidential election always changes. This is obviously a coalition pattern that is oriented only to pragmatism. The research problems in this study were as follows. (1) What is the basis of the coalition of political parties in Indonesia? (2) What is the pattern of political party coalitions in Indonesia? (3) Why does a permanent coalition pattern between political parties need to occur? This study analyzed the coalition pattern of political parties and its implications for the implementation of the presidential election in Indonesia. The results showed that the coalition pattern of political parties in Indonesia occurred because most of the political parties do not make their vision, mission, and ideology become the basis for determining the direction of the coalition. Political parties build coalitions based on the agreement for a certain number of ministerial seats promised by the presidential and vice-presidential candidate pairs that they nominate. Political parties that were previously rivals (from the winning presidential and vice-presidential candidate pairs) can transfer their supporting positions to the elected presidential and vice-presidential candidate pairs. In fact, a permanent coalition is highly needed to ensure a check and balance of the winner of the general election. This means that the composition of political parties supporting the losing presidential and vice-presidential candidate pairs must be ready to become parties in the opposition ranks, not to become government coalition parties.]]>
<![CDATA[Kebijakan Pemerintah di dalam Pemenuhan Hak Pendidikan Dasar dan Menengah di Wilayah Perbatasan Negara ]]>
<![CDATA[Endah Rantau Itasari]]>
<![CDATA[ Perspektif Hukum VOLUME 21 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v21i1.18
<![CDATA[With regard to primary and secondary education policies in the border area of West Kalimantan and Sarawak, it cannot be separated from the policies of primary and secondary education nationally and in West Kalimantan Province. Within the scope of West Kalimantan Province, the policy of the Education and Culture Office (Dinas Dikbud) is compiled in a Strategic Plan (Renstra) which is the guideline and implementation of education and cultural programs in West Kalimantan Province. The current strategic plan is the 2013-2018 Strategic Plan. This strategic plan is then elaborated in a work plan (Renja) which is compiled annually. With the existence of the Renstra and Renja from the West Kalimantan Provincial Education and Culture Office, all educational and cultural development plans that have been prepared are expected to be implemented efficiently, on time, on target, synergistically. and accountable so that it can meet the expectations of the government and all levels of society, especially in realizing and implementing educational and cultural development planning.]]>
<![CDATA[Diferensiasi Hukum bagi Penyedia Layanan Over The Top (Studi Perbandingan Indonesia dengan Singapura) ]]>
<![CDATA[Lana Aulia Afiftania]]>;
<![CDATA[Nanik Mahmudah]]>;
<![CDATA[Fauziah Herman Putri]]>
<![CDATA[ Perspektif Hukum VOLUME 21 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v21i1.19
<![CDATA[Over the top media service is form of development of internet based technology. Indonesia as an affected country, has not be able to control and manage it. On the other hand, Singapore already has good legal system. The problem is how the differences between Indonesian and Singapore legal system, also how the rule of law can be applied by Indonesia. This research is normative legal research through conceptual approach and statute approach. Discussion result is the difference of legal system in terms of broadcast content restriction dan the tax collection system. Contrary with Indonesia, Singapore has more spesific content restriction. Tax collection system in Indonesia still experiencing a legal vacuum while Singapore collect taxes through a licence ownership system. That difference can be adopted by Indonesia as basis of payment for provider over the top media service.]]>
<![CDATA[Konsep Diversi terhadap Anak sebagai Pelaku Tindak Pidana Narkotika di Masa Depan ]]>
<![CDATA[Imam Subaweh Arifin]]>;
<![CDATA[Pujiyono]]>
<![CDATA[ Perspektif Hukum VOLUME 20 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v20i2.20
<![CDATA[When looking at social reality today, the number of children as perpetrators of crime is still significant, especially children as perpetrators of narcotic crimes. This encourages a study to find out how the concept of diversion in the future as an alternative settlement of cases of children as narcotics offenders. The research method used is a normative approach, which is also complemented by a comparative juridical approach. The data used are secondary data consisting of primary legal material in the form of laws and regulations on narcotic crime and the juvenile justice system. It uses secondary licensed content in the way of literature related to narcotics misconduct by children. The results of the study concluded that "the concept of diversion towards children in the future must expel children from the criminal justice process, relating to the handling of children who abuse police narcotics as holders of discretionary authority should diversify through medical rehabilitation and social rehabilitation programs without having to be confronted with the judicial process criminal.]]>
<![CDATA[Konsep Pengelolaan Kontrak Bilateral yang Proporsional yang Menyeimbangkan Kepentingan Nasional dan Perlindungan untuk Investor Asing di Bidang Pertambangan ]]>
<![CDATA[Ricky Bima Sanjaya]]>;
<![CDATA[Bonaventura Ivan Mollet]]>;
<![CDATA[Nofandi Irianto]]>
<![CDATA[ Perspektif Hukum VOLUME 20 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v20i2.21
<![CDATA[Investment policy is the main thing that must prioritize the national interest, not only in the field of new jobs but also must support the domestic eco-sector. In this case the state has an obligation to defend national interests. Specifically in terms of investment by managing contracts or bilateral investment treaty agreements (BIT) based on the Proportionality Principle. This principle is intended to provide justice and certainty for the parties. Bilateral Investment Treaties (BIT) agreements are considered important for the parties, which are related to the agreement. In the Bilateral Investment Treaties Agreement (BIT) are the most preferred clauses of the Nation, the National Treatment and Fair and Equitable Treatment, and the theory of state / government intervention that is considered to be able to balance national interests and protect investors in the mining sector.]]>
