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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<![CDATA[Asas Keadilan dan Ahli Waris Pengganti dalam Praktik Kewarisan Masyarakat berdasarkan Hukum Islam di Kecamatan Bantan Kabupaten Bengkalis ]]>
<![CDATA[Hasan Basri]]>;
<![CDATA[Muhammad Azani]]>
<![CDATA[ Perspektif Hukum VOLUME 17 ISSUE ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v17i1.56
<![CDATA[This article analyzes the inheritance practices carried out by the community in Bantan District, Bengkalis Regency Based on Islamic Law. The research method used is a sociological legal research that discusses the application of positive law regarding the practice of community inheritance in Bantan District, Bengkalis Regency. The results showed: a. The community in Bantan Subdistrict turned out to be wrong in understanding the principle of balanced justice which was considered to be contrary to the sense of justice for the heirs. They understand the principle of balanced justice must be in the same sense. Whereas the meaning of the principle is that each heir, both male and female, has the same rights in obtaining inheritance rights. Men get more rights which do not mean unfair, but in Islamic law it stipulates that men are responsible for the burden of the family; b. The community in Bantan District in understanding radd in Islamic law does not fully refer to the KHI which is a reference in determining the law. They divide radd based only on habits that can be shared with the heirs who want it or the mosque; c. The community in Bantan Subdistrict considers that the heirs who passed away first from the heir, cannot be replaced by the heir's child. Whereas based on Article 185 paragraph (1) the KHI position of the heir can be replaced by the offspring of both male and female.]]>
<![CDATA[Tinjauan Hukum Putusan Sela dalam Bentuk Schorsing pada Pengadilan Tata Usaha Negara ]]>
<![CDATA[Dezonda R Pattipawae]]>;
<![CDATA[Heillen M. Y. Tita]]>
<![CDATA[ Perspektif Hukum VOLUME 17 ISSUE ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v17i1.57
<![CDATA[The postponement of a State Administrative Decision which becomes the object of the dispute may be granted, since there is still a continuous factual action to be taken, namely the appointment of a definitive Regional Secretary, the inauguration or handover of the position of the dismissed Regional Secretary to the appointed Secretary of the Region whose contents as statements (declarations) of submission of all duties, powers and duties. Decree of the Governor of Maluku Number: 125.a Year 2014 dated May 20, 2014 concerning the Transfer of Civil Servants, on behalf of Kapressy Charles, SH. MSi, NIP: 19560911 198603 1 009 from Southwest Maluku District in Tiakur to the Government of Povinsi Maluku in Ambon, so Kapressy Charles, SH. Msi, felt his interest was damaged by the decision issued by the Governor of Maluku as the State Administration Officer. Therefore the concerned filed a lawsuit to the State Administrative Court of Ambon with Case No. 23/G/2014/PTUN.ABN, concerned requested to carry out the postponement of the transfer from the Government of the Southwest Maluku District to the Government of Maluku Province in due to the contradiction of the principles general good governance or prevailing laws and regulations.]]>
<![CDATA[Keabsahan Jual Beli atas Objek Jaminan Hak Tanggungan oleh Bank yang dilakukan Tanpa melalui Mekanisme Lelang ]]>
<![CDATA[Anjel Ria Meiliva Kanter]]>;
<![CDATA[Moch Bakri]]>;
<![CDATA[Imam Koeswahyono]]>
<![CDATA[ Perspektif Hukum VOLUME 17 ISSUE ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v17i1.58
<![CDATA[The Sale and Purchase of the mortgage lending object is intended to pay off the loan from the debtor. Based on the background, then as for the formulation of the problem of writing is a. How does the validity of the sale and purchase of the object of guarantee of mortgage rights by the bank conducted without through the auction mechanism? b. What are the legal consequences for the sale and purchase of the mortgage guarantee object by the bank which is conducted without the auction mechanism? The research method used is normative juridical research with approach approaches statute approach, conceptual approach, case approach (Case Approach). The result of this research is the Sale and Purchase of the object of mortgage guarantee which is done under the hand and without the debtor's consent is a unlawful act where the sale and purchase of the mortgage security object is contrary to the provisions set forth in Article 6 and Article 20 of Law no. 4 Year 1996 Concerning the Rights of Consumers therefore the sale and purchase of a guarantee maternity guarantee is null and void or it is deemed that there has never been any sale. Furthermore, the Sale and Purchase of the underwriting object under the hand is contrary to Article 20 paragraph 1 (one), paragraph 2 (two), and paragraph 3 (three) of Law no. 4 of 1996 Concerning the Deposit Rights shall have legal consequences for the Creditor as the seller and PPAT as the Officer making the Sale and Purchase Certificate as well as for the Buyer who has good trade]]>
<![CDATA[Kajian Yuridis Pengesampingan Pasal 1266 dan Pasal 1267 Kitab Undang -Undang Hukum Perdata sebagai Syarat Batal dalam Perjanjian Kredit Perbankan ]]>
<![CDATA[Rocky Marciano Ambar]]>;
<![CDATA[Budi Santoso]]>;
<![CDATA[Hanif Nur Widhiyanti]]>
<![CDATA[ Perspektif Hukum VOLUME 17 ISSUE ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v17i1.59
<![CDATA[Banks in credit agreements use more standard agreements, standard contracts in 2 (two) things, (1) There is an unbalanced position between banks and debtors, banks that have a more dominant position and debtors. (2) There is an understanding of the principle of freedom of contracting and without limits. The Bank has the freedom to seek the form and content of the agreement. Code of Ethics in agreement. The provisions of the Civil Code provide types of compensation for parties. Based on the background, then for problems the problem is written (1). Does the inclusion of Article 1266 and Article 1267 of the Civil Code on the banking system have collected the principles of balance and justice. (2) What are the legal implications of the exclusion clause. The research method is normative juridical research. The result of this research is the neglect of civil law and the principle of compensation is the principle of balance. The basic principle according to Rawls is that it is unfair or more people. in the sense of "freedom of results", in other words. is the nature of the debtor in a bank credit agreement. For the legal implications of the clause that excludes Article 1266 and Article 1267 of the Civil Code concerning the right of the debtor to the debtor. Legal efforts in finding and resolving problems that cannot be made by a decision due to the imbalance of the parties in the agreement. For people who make changes, no party will be harmed.]]>
<![CDATA[Solusi Hukum Mengatasi Masalah Menumpuknya Perkara di Tingkat Kasasi Mahkamah Agung RI (Usulan Perubahan Kelima UUD RI Tahun 1945) ]]>
<![CDATA[Lufsiana]]>
<![CDATA[ Perspektif Hukum VOLUME 17 ISSUE ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v17i1.60
<![CDATA[The accumulation of cases at the Cassation level of the Supreme Court of the Republic of Indonesia has not been resolved, even though there are internal rules that determine the deadline for case settlement for 250 days and the distribution of rooms in the environment of the Supreme Court of the Republic of Indonesia. violating the legal principle of the administration of simple, fast and low-cost justice has even opened the door of corruption, because justice seekers will try to accelerate to get a verdict on the case. This paper provides a legal solution to the problem, namely by forming a representative of the Supreme Court of Indonesia in every province in Indonesia and empowering the nation's children to become Supreme Court Justices (opening employment opportunities that are wide enough for legal professionals) by using the legislation approach.]]>
<![CDATA[Norma sebagai Sarana Menilai Bekerjanya Hukum dalam Masyarakat ]]>
<![CDATA[Budi Pramono]]>
<![CDATA[ Perspektif Hukum VOLUME 17 ISSUE ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v17i1.61
<![CDATA[In this life people need to socialize and have some interaction, and for controlling the interaction they need norm, such as religion norm, obscenity, decency and law norm. Norm can be used to become a tool for evaluating how the law works in community, like the law making processes, the law implementing processes and the role occupant.]]>
<![CDATA[Penetapan Lokasi dalam Pengadaan Tanah Skala Kecil bagi Pembangunan untuk Kepentingan Umum ]]>
<![CDATA[Andi Besse Tenri Adjeng]]>;
<![CDATA[Aminuddin Salle]]>;
<![CDATA[Farida Patittingi]]>
<![CDATA[ Perspektif Hukum VOLUME 17 ISSUE ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v17i1.62
<![CDATA[Small-scale land acquisition is an activity of providing land by giving fair and fair compensation to the entitled parties. The land area for small-scale land is not more than 5 hectares. This study aims to identify and analyze the implementation of small-scale land acquisition by using the stages of determining the location and analyzing and finding legal implications for land acquisition by using location determining stages. This type of research is an empirical law study in which research serves to see the law in a real sense and examines how the workings of the law in the environment. Data are analyzed qualitatively that is decomposition, depiction, and explanation of certain circumstances, processes or events. The results of the study indicate that the implementation of small-scale land acquisition by using location determination in East Java is through 4 (four) stages of planning, preparation, implementation, delivery of results based on the Decree of Governor of East Java. The decree is inconsistent with the provisions of Article 121 paragraph (3) of Presidential Decree Number 148 of 2015. The legal implications of this investigation are not null and void, but it can only be revoked if a party sues them.]]>
<![CDATA[Hak Kepemilikan Tempat Tinggal bagi WNA di Bidang Properti ]]>
<![CDATA[Suwardi]]>
<![CDATA[ Perspektif Hukum VOLUME 17 ISSUE ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v17i1.63
<![CDATA[The residential property sector in Indonesia remains attractive even though there are several factors that have hampered growth over the past two years. The ownership for singles related to property refers to Government Regulation Number 40 of 1996 concerning Building Use Rights, Business Use and Use Rights to Land; Government Regulation Number 41 of 1996 concerning Housing or Residential Houses by Foreigners Domiciled in Indonesia; Law Number 25 of 2007 concerning Investment. Secondly, foreigners can buy or own a house in Indonesia above usufructuary rights, but the maximum time period given is 10 years for land under 2000 square meters. At present, more than 50% of Indonesia's population lives in urban areas. This means that there will be more houses, apartments and condominiums to be built in Indonesian urban areas to meet growing demand. This situation also implies that due to lack of land availability in urban areas, prices tend to rise rapidly, while developers need to increasingly focus on vertical property development such as apartments and condominiums.]]>
<![CDATA[Perlindungan Hukum bagi Pembeli atas Hak Milik Tanah dalam Menikmati Fungsi dan Manfaat Tanah sebagai Pemegang Hak Milik ]]>
<![CDATA[Bayu Sagita Damopolii]]>;
<![CDATA[Imam Koeswahyono]]>;
<![CDATA[Moh. Fadli]]>
<![CDATA[ Perspektif Hukum VOLUME 17 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v17i2.67
<![CDATA[In the process of buying and selling land as the basis for the transition of land rights from the seller to buyers in the area of Bolaang Mongondow, especially in Lolak Village District Lolak is done in two ways, namely the process of buying and selling as in general the sale and purchase of land ownership is a unity of land and buildings and plants above it and the process of buying and selling of land is not a unity between the land and buildings and plants above it or the sale and purchase by using the principle of separation horizontal is separate sale and purchase. However, in the development of the practice of the process of buying and selling land that is considered as part of the process of buying and selling property rights on customary land or customary law, it raises legal problems, the process of buying and selling property rights on land that can not provide legal protection of the status of property in full for the buyer in the land and enjoy the benefits and functions of the land itself.]]>
<![CDATA[Model Partisipasi Masyarakat dalam Pembentukan Peraturan Daerah Menurut Undang -Undang Republik Indonesia Nomor 23 Tahun 2014 Tentang Pemerintahan Daerah ]]>
<![CDATA[King Faisal Sulaiman]]>
<![CDATA[ Perspektif Hukum VOLUME 17 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v17i2.68
<![CDATA[This research aims to find out and explain juridical issues about the model used in the formation of regional laws based on Law Number 23 of 2014 and the inhibiting factors of public participation. The ideal alternative model for the preparation of future Regional Regulations. The research method is in the form of normative legal research (legal research) which originates from primary legal materials, secondary legal materials and tertiary legal materials. Statute approach dan conceptual approach. In this study using descriptive- qualitative analysis. Research comes to the conclusion that the 2014 Law Number 23 Year has guaranteed the space for public participation, but the participation model has not been comprehensively regulated. There are various factors inhibiting public participation, such as the political will of policy makers (DPRD and Regional Government), and the attitudes of the public and the media. Finally, a low regulatory factor and a bureaucratic culture that does not provide sufficient space for public participation in the formation of regional regulations. In the future there must be ideal participation models in regional regulations that are clearly regulated in formal regulations, including: First, the public must be actively involved in every stage of the formation of regional regulations. Second, establish permanent cooperation with the formation of regional regulations (DPRD and local government) in providing input on material that will be regulated in the regulations.]]>
