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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 19 ISSUE 2" : 8 Documents clear
Urgensi Pembatasan Prinsip Kebebasan Berkontrak Dalam Perspektif Historis Mohammad Zamroni
Perspektif Hukum VOLUME 19 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v19i2.113

Abstract

The principle of freedom of contract is influenced by the understanding of individualism that gives birth to the freedom of everyone to obtain what is desired and what is not desired in the realm of private law. Based on the principle of freedom of contract, anyone has the right to make agreements freely without any restriction. But in practice, the principle of absolute and unlimited freedom of contract turns out to create injustice in society, especially if agreements are made by parties whose positions are unbalanced. The weaker party often experiences injustice, so the people then want the weaker party to get protection. As the development of ethical and socialist understandings, the principle of freedom of contract experiences change, so that it is no longer absolute and without limits. This research is intended to analyze the urgency of limiting the principle of freedom of contract in a historical perspective.
Harmonisasi Pola Pengelolaan Keuangan Faskes Di Lingkungan Kementerian Pertahanan Dan TNI Dengan UU No. 44 Tahun 2009 Tentang Rumah Sakit Sutarno
Perspektif Hukum VOLUME 19 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v19i2.114

Abstract

Since the enactment of Law Number 24 of 2011 concerning the Social Security Organizing Agency, there has been a very fundamental change in terms of Health Services. Health facilities within the Ministry of Defense and TNI which also affect budget governance. This legal research is a normative law with sources of primary and secondary legal materials that aim to review and analyze the legal rules regarding the management of income income received by Health Facilities within the Ministry of Defense and the TNI based on Law Number 44 of 2009; and reviewing and analyzing conflicting norms for the use of the TNI Health Facility as of the enactment of Law Number 24 of 2011 concerning the Health Insurance Administering Body. The results showed that the TNI Hospital which is a health facility owned by the Government should be subject to the rules contained in RI Law No. 44 of 2009 concerning Hospitals.
Penegakan Hukum Dalam Perspektif Hukum Progresif Ufran
Perspektif Hukum VOLUME 19 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v19i2.115

Abstract

The Failure to enforce law and justice will be one of the factors of social dis-integration. If it is responded well and systematically it will be a threat to a country's failure. These initial symptoms can be seen from the emergence of various vigilante acts. The empty spaces filled with violence are caused by the vacuum of law. The law fails to do its job to solve social problems that arise. The explanation in this paper seeks to analyze the root problem of the failure of law enforcement in Indonesia seen in the perspective of the legal system by Friedman. To analyze the solution, the perspective used is an analysis of the style of progressive law as stated by Satjipto Rahardjo. The use of these two perspectives is expected to be able to describe well the real fundamental problem in our current law enforcement
Kedudukan Janda Murtad Dalam Pembagian Waris Atas Harta Pewaris (Suami) Qisthina Armalia Hirzi; Ani Setiawati; Afdol
Perspektif Hukum VOLUME 19 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v19i2.116

Abstract

The research entitled "Apostate Widow’s Position In Sharing Her Heir’s Property",withthe problem of an apostate wife, so that it is necessary to question the right of an apostate widow to the property of the heir (husband), related to the obligatory will. Research based on legislation and case studies can obtain a conclusion that obligatory wills are known in Islamic law given to people who are not heirs because there is no blood relationship with the testator or because he is an heir but for some reason it is not recognized as an expert inheritance. people who have close relations with the testator but are not heirs because there is no blood relationship with the heir, including the adopted child. Widows according to Islam Law Compilation Book are heirs, although not because of blood relations, but if the widow is an apostate, then she is not as an heir, therefore the widow gets a part of the heir's assets but in the form of a mandatory will.
Parameter Pengawasan Politik Dewan Perwakilan Rakyat Republik Indonesia Menurut Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Hananto Widodo
Perspektif Hukum VOLUME 19 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v19i2.117

Abstract

Amendments to the 1945 Constitution have provided support to the DPR, including strengthening the DPR's oversight function. Article 22 Paragraph (2) of the 1945 Constitution of the Republic of Indonesia. The DPR's supervisory function as a compilatory composer is elaborated in Article 79 paragraphs (2) and (3) of Law No. 17 of 2014 concerning the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council and the Regional People's Representative Council (MD3). In Article 79 paragraphs (2) and (3) of MD3 Law only norms are formulated which become the object of interpellation and the questionnaire rights are legislation and policies. The formulation of Article 79 paragraphs (2) and (3) does not explain the parameters used by the DPR to request policies from the Government. The purpose of this article is to provide parameters for the use of interpellation rights and questionnaire rights to government policies. This type of research in this paper is normative research. With primary legal material for the 1945 Constitution of the Republic of Indonesia and Law No. 17 of 2014 concerning the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council and the Regional People's Representative Council (MD3). The parameters of the right of interpellation and the right of questionnaire to government policies that were born from free government authority are general principles of good governance (AAUPB).
Kewenangan Badan Koordinasi Penanaman Modal Pasca Berlakunya OSS Santhy Ainun Adrianty; Lydia Goutama; Nadya Rizky Nakayo
Perspektif Hukum VOLUME 19 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v19i2.118

Abstract

Government Regulation Number 24 regulates business licensing by integrating electronic system or Online Single Submission (OSS). In the implementation of the OSS system, it still faces many obstacles. The existence of Government Regulation Number 24/2018 tends to violate Law Number 25 of 2007 (hereinafter referred to as the Investment Act) concerning Investment because it was allegedly that the OSS institution took over the authority of the Investment Coordinating Board (BKPM) while the Investment Law states that investment licensing is the domain of BKPM. This results in a contradiction in the principle of Lex Superior Derogat Legi Inferior, where the principle states that lower regulations (PP) may not conflict with higher regulations (the Investment Law). In addition to the contradictions in the laws and regulations, OSS also still faces another obstacle, which is the lack of OSS infrastructure, so that the purpose of accelerating licensing services cannot be optimally implemented.
Degradasi Akta Otentik yang Tidak Dilakukan Penandatanganan Para Pihak Secara Bersama Dian Dharmayanti; Rr Asfarina Izazi Razan; Nahdlotul Fadilah
Perspektif Hukum VOLUME 19 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v19i2.120

Abstract

Notary is a general officer authorized to create an authentic deed of all actions, agreements, and statutes required by the laws and/or regulations required by the interested to be expressed in the deed Authentically, guaranteeing the certainty of the date of the deed, storing the deed, giving Grosee, copies and quotations of the deed, all of them throughout the making of the deed were not also assigned or excluded to the other officers stipulated by the law. Thus, it is described in article 1 number 1 of Law No. 2 of 2014 concerning the amendment to law Number 30 year 2004 concerning the Notary Regulation (Hereinafter called UUJN). A notary public is a noble, independent and high integrity position, so it is only natural to take all actions in their position seriously referring to the laws and regulations and the code of ethics. The law actions of the parties as described in the notarial deed is purely wishes of the parties and the notary is limited to providing law counseling related to the contents of the deed and the law actions of the parties, without imposing the will of the parties. party or in favor of one party. After the deed is made and then read out in front of the parties and witnesses, it must be signed when it is signed by all parties present and witnesses as well, it becomes one of the notary obligations stipulated in UUJN.
Tinjauan Yuridis Mengenai Aturan Hukum Pemutusan Hubungan Kerja terhadap Dosen Perguruan Tinggi Swasta Albi Mahardian; Achmad Rifqi Nizam; Achmad Rizky Hasani; Muhammad Fadhil
Perspektif Hukum VOLUME 19 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v19i2.121

Abstract

The research was to analyze and understand the provisions of labor law that apply to private university lecturers affected by termination of employment the rule of law for the lecturers who work in private universities specifically regarding two things, firstly, the rule of law that applies to lecturers working in private tertiary institutions and second, what rights can be obtained by private tertiary lecturers who experience termination of employment. This research was prepared using the normative juridical research method with a statute and conceptual approach. Based on the results of research that can be concluded from higher education institutions in act 13/2003 can be interpreted as companies and managers of private education that can be interpreted as entrepreneurs, so that the working relationship of private university lecturers is a legal relationship that is subject to labor law, and if there is a dispute between lecturers with private universities, the rule of law used is act 2/2004 because lecturers working in private universities are private workers and private universities are entrepreneurs.

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