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Nikmah Mentari
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INDONESIA
Perspektif Hukum
Published by Universitas Hang Tuah
ISSN : 14119536     EISSN : 24603406     DOI : https://doi.org/10.30649/ph.v22i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "VOLUME 18 ISSUE 2" : 8 Documents clear
Mencari Hukum yang Berkeadilan bagi Anak melalui Diversi Rr. Putri A. Priamsari
Perspektif Hukum VOLUME 18 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v18i2.143

Abstract

According to UNICEF, no less than 4000 Indonesian children are brought to court every year with reports of relatively minor crimes such as theft, persecution, spreading hoaxes and others. Where children who are faced with the law generally are not accompanied by legal counsel or social services. Indonesia has had a umbrella act in protecting children's welfare, namely Law Number 4 of 1979 concerning Child Welfare which was then followed by Law Number 23 of 2002 concerning Child Protection which has now been replaced with Law Number 35 of 2014 concerning Child Protection as implementation of the Convention on the Rights of the Child (Convention on the Rights of the Child, 1989, New York). Taking into account that the handling of child cases dealing with the law must really guarantee the protection of the best interests of the child and must aim at the creation of Restorative Justice, both for Children and Victims of Children and to create Restorative Justice, before resorting to judicial proceedings at the prosecution level General must strive for Diversion. Provisions regarding this diversion are also regulated in Supreme Court Regulation Number 4 of 2014 concerning Diversion. The enactment of the 2014 PERMA is intended so that juvenile justice in Indonesia can be carried out more efficiently, while still considering its welfare.
Pelaksanaan Putusan Arbitrase Internasional terhadap Penetapan Kepemilikan Pulau Scarborough Shoal di Laut Cina Selatan Dessy Kartika Sari; Levina Yustitianingtyas
Perspektif Hukum VOLUME 18 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v18i2.146

Abstract

The South China Sea dispute on the Scarborough Shoal Island, basically caused by the claims of the Chinese nation over the region. The Philippines formally submit the case to Permanent Court of Arbitration (PCA), The Tribunal’s decision in favor of the Philippines and China neither accepting in these decision. The Tribunal’s decision inflicting several legal consequences for China and Philippines. The method used is a normative juridical method and using United Nations Convention on the law of the Sea (UNCLOS) 1982. The Tribunal’s decision is not executed can be a means of pressure for China to be more flexible and accepting in these decisions. In the manner of China neither accepting The Tribunal’s decision, The Philippines could bring the case to the International Tribunal for the law of the Sea (ITLOS) which is an independent judicial International Law of the Sea. Their decision will be final and binding on the parties to the dispute and obliged to obey in these decisions so that the dispute can be resolved peacefully and not inflicting a negative impact on China and Philippines.
Perlindungan Hukum pada Tindak Pidana E-Commerce Dewi Setyowati; Candra Pratama Putra; Ramdhan Dwi Saputro
Perspektif Hukum VOLUME 18 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v18i2.147

Abstract

In executing a transaction to buy goods or services online, are required to be clear that the information will not cause consumers to lose. In terms of protecting the consumer, in Act No. 8 of 1999 on Consumer Protection, hereinafter called the Consumer Protection Act are one of the rights that are consumers, namely the right to correct information, clear and honest about the condition and guarantee of the goods and / or services , Then the rights for compensation, restitution and / or compensation, if the goods and / or services received are not in accordance with the agreement or not as it should be. This paper raises issues about how the legal protection of fraud in electronic commerce(e-commerce).The author will describe the victim in electronic commerce according to the study of victimology, the obligation of businesses on the products that will be offered electronically, protection of consumer rights in the conduct of electronic transactions and witnesses of crime that can catch the perpetrators of fraud in electronic transactions. Be consumers must be careful in making transactions although there has been a real UU ITE greatly assist consumers in electronic transactions and utilization activities in the field of information technology and telecommunications (ICT). Previously this sector has no legal basis, but is now increasingly clear that other forms of electronic transactions can now be used as a legitimate electronic evidence.
Akibat Hukum Akta Pelepasan Palsu pada Kasus Relokasi Perluasan Bandara Juanda Helen Camelia Cahyadi; Lailatul Maghfirah; Fardillah Rizkiansyah
Perspektif Hukum VOLUME 18 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v18i2.148

Abstract

Land disputes are not a new thing that has happened in the long history of law enforcement in this country, often justice becomes overlapping which then ends at the court table, this article will also raise a case of land dispute namely the dispute over the expansion of Juanda airport, this dispute occurred on a 20-hectare plot of land located in Pranti Village, Sedati, Sidoarjo, whose parties are the East Java Pusat Koperasi Karyawan (Puskopkar) center as the land rights holder with PT Gala Bumi Perkasa (GBP), PT Dian Fortuna Erisindo (DFE) with PT Fortuna Harisindo Dian Tama (FHDT), this dispute occurred because of the alleged fake release certificate made by individuals claiming to be members of Puskopar given to PT Gala Bumi Perkasa (GBP), PT Dian Fortuna Erisindo (DFE) with PT Fortuna Harisindo Dian Tama (FHDT) for that legal protection is needed.
Penyelesaian Sengketa Perbankan Syariah oleh Pengadilan Agama Kota Batam Pasca Putusan Mahkamah Konstitusi Nomor 93/PUU-X/2012 Agus Riyanto; Rizki Tri Anugrah Bhakti
Perspektif Hukum VOLUME 18 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v18i2.149

Abstract

Islamic banking is experiencing growth both in Indonesia and in the world. In Indonesia, the growth of the number of Islamic bank offices continued to grow. This shows that community needs for Islamic banks are very high. The government of course has to deal with this development. The most substantial improvement is the existence of policies regarding the regulation of Islamic banking. This is very important because the banking sector is very sensitive, especially the possibility of a dispute between the customer and the bank is also quite large. These disputes must eventually be resolved by both parties, namely the bank and the customer because both of these parties have the same position as the parties concerned. This study aims to describe the competence of the Religious Courts in resolving sharia banking disputes as well as knowing the obstacles faced by the Religious Courts in deciding Islamic banking disputes. The type of research used is empirical juridical. The results of the study can be a reference for further research and become a reference source for related subjects.
Tinjauan Tentang Hukum Pidana Pemilu dan Formulasi Pertanggungjawaban dalam Tindak Pidana Muridah Isnawati
Perspektif Hukum VOLUME 18 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v18i2.150

Abstract

Accountability in the act of vote is inseparable from unsuccessful acts of election. Complications of problems that exist in elections, participation that does not involve parties involved in vote problems. Accountability for resolving vote actions must find the best formula in order to minimize the settlement that occurs in elections. Potential to avoid failure can occur before voting, during voting and after voting. The right formulation is needed as part of the anticipatory steps towards vote action. Collateral for anticipatory measures can be considered as part of a policy on crime prevention (criminal policy). In this case the formulation policy in the accountability of vote follow-up must be formulated coherently and integratively, with the basic principles needed in the administration of elections. For this reason, it is necessary to formulate accountability for election crimes that are eligible, effective and efficient, and transparent. This review of the formula for accountability for election can make the material for evaluating the policy formulation in the election follow-up.
Analisis Undang-Undang Republik Indonesia Nomor 20 Tahun 2003 Tentang Sistem Pendidikan Nasional Terhadap Akses Orang Miskin pada Pendidikan Rizki Nur Amalia; Heppy Hyma Puspytasari
Perspektif Hukum VOLUME 18 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v18i2.151

Abstract

Government steps in realizing compulsory education is not only to provide and build infrastructure kepelosok education area, but the government is also expected to provide assistance in the form of program costs in order to support compulsory education. Investigators therefore conducted this research with the aim to determine the role of Law Number 20 Year 2003 on National Education System in protecting the rights of poor people to participate in education and to investigate the role of government in providing the poor access to education. The method used in this research is qualitative research and research sites located in Jombang District Education Office, SMA Patriot and SMA PGRI in the district Peterongan. Data collection techniques in this study through observation (participatory observation), interviews (structured interviews), documentation (research results). Results from the study showed that education in Jombang district is not discriminatory, even poor people get education services such as the PIP and BKSM budgeted from APBD and APBN.
Mendorong Penerapan Pendidikan Antikorupsi di Perguruan Tinggi Tri Anggoro Mukti
Perspektif Hukum VOLUME 18 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v18i2.152

Abstract

This study tries to analyse the effort to combat corruption through anti-corruption lecture program in university. Using a descriptive analytical technique this study attemps to put the lecture as a medium for four principle of education: learning to know, learning to do, learning to live and learning to be. Such education need to be integrate within the anti-corruption values to put corruption as common enemy fo all. The output of this class is hopefully to form a person who say no to corruption proudly and spread the positive attitude of anti-corruption behaviour.

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