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[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.]]>
<![CDATA[Penetapan Diversi terhadap Anak yang Terlibat Narkotika ]]>
<![CDATA[Mita Dwijayanti]]>
<![CDATA[ Perspektif Hukum VOLUME 17 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v17i2.69
<![CDATA[Diversion means the diversion of crime problems from legal process to being outside the legal process. The issues raised in this paper are the Arrangement of the Diversion of Children Involved in Narcotics Crime; and how the judge decides against children who are dealing with the law in the order to save the best interests of the child. In its implementation, although this diversion is applicable to save children and the judicial process but not fully implemented because of Law No. 11 Year 2012 have the terms and conditions of the Diversion, one of which is the assumption of children who commit a narcotic crime is not allowed to complete Diversion, children in conflict with the law can damage the public system, public issues as a result of the child's mischief, a children facing the law should enter the Penal Institution.]]>
<![CDATA[Harmonisasi Equidistance Line Principle Danmedia Line Prinsiple dalam Penentuan Batas Wilayah Laut ]]>
<![CDATA[Ria Tri Vinata]]>
<![CDATA[ Perspektif Hukum VOLUME 17 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v17i2.70
<![CDATA[Determination of maritime boundaries using the median line or equidistance principle for maritime boundary disputes also considers other factors outside the distance factor. The concept of relevant circumstances is closely related to the principle of equity. In determining the boundary sea boundary boundaries are not bound by strict legal norms to balance all inherent conditions to find fair results. There are many relevant situations related to geographic and non geographical factors, the application of Equidistance Line with relevant circumstances. This is a legal approach to delimitation of sea boundaries. However, in the practice of the country in the 19th and early 20th centuries for the determination of sea territorial boundaries, especially for territorial sea, namely the median line, thalweg line, perpendicular line, and prolongation of the land boundary, the median line is the most widely applied method by the state. other countries in determining the territorial sea boundaries.]]>
<![CDATA[Peraturan Yang Ditetapkan oleh Kepala Desa (Kajian Terhadap Pasal 8 ayat (1) UU No 12 Tahun 2011 Tentang Pembentukan Peraturan Perundang-Undangan) ]]>
<![CDATA[Andress.D. Bakarbessy]]>
<![CDATA[ Perspektif Hukum VOLUME 17 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v17i2.154
<![CDATA[Article 2 Domestic Ministerial Regulation Number 111 of 2014 concerning technical guidelines for Village Regulations states that Type of Regulation in the village includes: a. Village Regulation b. Joint Regulation of the Village Head; and c. Village Head Regulation. Meanwhile, Article 8 paragraph (1) of the Law Establishing Legislation states that the type of legislation also includes the rules set by ... Village Heads or the equivalent. Based on the construction of norms Article 8 paragraph (1) of the Law on Establishment of Legislation, village regulations cannot be categorized as regulations established by the village head because a village regulation must have a joint agreement between the village head and the village consultative body and must be promulgated in Village and legal sheets become village regulations even though they are not stipulated by the village head.]]>
<![CDATA[Tinjauan Hukum Batalnya Suatu Perkawinan Terhadap Perjanjian Kredit Bank ]]>
<![CDATA[Mohammad Zamroni]]>
<![CDATA[ Perspektif Hukum VOLUME 17 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v17i2.155
<![CDATA[The main function of the bank is to collect funds from the public in the form of deposits, and channel them to the public in the form of credit facilities. However, because the funds used as credit facilities are public funds, then giving credit must be in accordance with the precautionary principle. One of the application of the precautionary principle is to make a credit contract. Credit contract are not only carried out by banks with companies, but also between banks and individual debitor. If an individual debitor is married and does not have a marriage agreement, the husband and wife are generally involved in a credit contract. This is done in addition to guaranteeing loan repayments, also related to guarantees that are generally in the form of property. Basically marriage ties still have the potential to be canceled. So that there will be legal consequences when the marriage is canceled. This study focuses on analyzing the legal consequences of the credit contract made by banks with an individual debitor whose marriages are canceled by the Court.]]>
<![CDATA[Tanggung Jawab Produsen di Bidang Pangan Terhadap Konsumen ]]>
<![CDATA[Dezonda R Pattipawae]]>
<![CDATA[ Perspektif Hukum VOLUME 17 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v17i2.156
<![CDATA[Practically consumer protection is one of the legal developments which are part of national development. The key point of the issue of consumer protection is that consumers and producers (product distributor or employers) need each other. Production is meaningless if nobody mengkonsumsikannya and products are consumed safely and satisfactorily, in turn, is free promotion for employers. rule of law is very important in order to protect consumers. In sustaining the economy of consumers occupy an important position, but ironically as one of the economic actors are very weak position of the consumer in terms of legal protection. In Indonesia, consumers who had been in a weak position impression of only being an object businesses promotion tips, as well as the sale of a very expansive way. Weak consumer's position caused partly still low awareness and consumer education in Indonesia.]]>
<![CDATA[Klausula Eksonerasi Oleh Pelaku Usaha Dalam Perjanjian Jual Beli Rumah ]]>
<![CDATA[Wishnu Kurniawan]]>;
<![CDATA[Ninis Nugraheni]]>
<![CDATA[ Perspektif Hukum VOLUME 17 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v17i2.157
<![CDATA[The exenoration clause is an exclusion / liability exclusion clause in a housing sale and purchase agreement. The purpose of writing this scientific article is to find out the accountability of business actors for offers submitted to prospective consumers and restrictions on the inclusion of standard clauses containing exenoration clauses in the offer of buying and selling houses as a legal protection effort for consumers. The results of the study indicate that the treaty law in Indonesia essentially assumes that brochures have binding legal force. This binding strength is based on the fact that the brochure is a binding form of supply as specified in the Consumer Protection Act which is based on the principle of good faith at the pre-contractual stage. Judging from the freedom of contract the standard agreement with an exoneration clause does not meet the subjective and objective requirements as specified in Article 1320 BW, thus the exoneration clause stated by the business actor in the brochure as a bidding instrument does not have binding power. Provisions for transferring accountability, actions in the form of business actors are not responsible for changes in specifications contained in brochures violating Article 18 paragraph (1) letters a, c, and d of Consumer Protection Act. And has an effect on null and void (nietig / null and void).]]>
