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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 21 ISSUE 2" : 8 Documents clear
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) Marisca Evalina Gondokesumo; Nabbilah Amir
Perspektif Hukum VOLUME 21 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v21i2.16

Abstract

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.
Penanganan dan Perlindungan Hak Asasi Manusia terhadap Pengungsi (Refugees) dan Pencari Suaka (Asylum Seekers) di Indonesia Sesuai Pengkajian Perpres 125 Tahun 2016 dan Implementasi Peran Rumah Detensi Imigrasi dalam Penanganan Pengungsi di Luar Negeri pada Masa Pandemi Covid-19 M Almudawar; Ichsanoodin Mufty Muthahari
Perspektif Hukum VOLUME 21 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v21i2.71

Abstract

The form of a state is the basis of one of the state instruments whose threats originating from external to the state must be considered. With state security instruments originating from external threats, it is necessary to have cooperation from various state instruments, both institutions that are under the auspices of the executive, legislative and judicial tasks. One of the instruments of state institutions that have security and carry out these tasks is the Directorate General of Immigration, which apart from the services of Kei, Law Enforcement and Facilitator of Community Welfare Development, one of the functions referred to in the above discussion is the state. The legal basis held by Immigration is Law Number 6 of 2011 concerning Immigration and several other legal instruments for security and other supervision. The Directorate General of Immigration detected several other agencies related to the duties of state security instruments. The state problems that have occurred in Indonesia related to security lately are the presence of a population of Refugees and Asylum Seekers in Indonesia, the largest number of Refugees (Refugees) in Indonesia are Refugees who come from Afghan citizens. The reason the country has many large-scale refugee movements is because the country has reached an internal conflict in their country, and there are many phenomena of human rights violations such as violence, and inequality against women which is a basis for the freedom of a person's rights. The State of Indonesia legally and legally does not handle problems against Refugees (Refugees) because the State of Indonesia does not have the 1951 convention and the 1962 Protocol in Geneva, Switzerland which intensively discusses the handling of Refugees which was adopted by the United Nations as a form of elaboration of the United Nations (UN) Charter. and the Universal Declaration of Human Rights, in which the agreement intends to address and address the problems of Refugees, whether from threats of violence, rebellion, murder for various reasons due to ethnicity, race, religion and other political interests. Keywords: State Security, Refugees, Asylum Seekers, Human Rights.
Analisis Yuridis terhadap Pemutusan Hubungan Kerja Secara Sepihak dikarenakan Alasan Usia Rizki Akbar Maulana; Imam Budi Santoso
Perspektif Hukum VOLUME 21 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v21i2.73

Abstract

Termination of employment should not be used unilaterally because in the legislation it has been explained in depth regarding the permitted termination of employment. The purpose of this study was to analyze the case of unilateral termination of employment with reasons in accordance with Supreme Court Decision No.450/K/Pdt.Sus-PHI/2021. The reasearch method used is normative juridical with the reasearch approach used is case based by combining existing legal facts. Based on the reasearch that has been carried out, unilateral termination of employment is not permitted under the law. However, it can be allowed for certain reasons. In the case of unilateral termination of employment due to age, it is not explained in detail in the Act, but the termination must go through a negotiation process and if there is no agreement, the employer or employee can apply through the relevant institution, in this case the agency industrial relations settlement. Keywords: Employees; Work termination; Businessman; Age.
Urgensi Badan Hukum Pada Organisasi Kemasyarakatan (Ormas) Berbentuk Perkumpulan (Studi Pokdarwis Desa Kota Kapur, Kecamatan Mendo Barat, Kabupaten Bangka) Derita Prapti Rahayu; Faisal; A. Cery Kurnia; Winanda Kusuma; Komang Jaka Ferdian
Perspektif Hukum VOLUME 21 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v21i2.89

Abstract

The role of the community is very strong and cares about the cultural heritage in their area in the form of the Kotakapur site. Communities who are members of POKDARWIS Bekawan, Kotakapur vilage, trying to make a historical tourism village are not easy, it requires the participation of the Regency Government and related agencies in overcoming one by one the problems that become obstacles to the construction of the site. The problem in this writing is what is the scope of Pokdarwis as a community organization? and secondly how is the urgency of legal entities in community organizations in the form of associations?. Problems will be analyzed using normative research methods, by producing answers, namely first, Pokdarwis is a social organization in the form of associations, second, the urgency of legal entities in Pokdarwis is their legal position as legal subjects.
Penataan Penataan Kewenangan KPU dan Bawaslu dalam Melakukan Pengawasan dan Menangani Sengketa Proses Pemilu Hananto Widodo; Dicky Eko Prasetio
Perspektif Hukum VOLUME 21 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v21i2.93

Abstract

The general election organizing body is an institution designed to have a check and balance function so that it is oriented towards realizing a democratic process in accordance with the constitution. In Indonesia, the institution responsible for the implementation of the general election is not only the General Election Commission but also other institutions, such as the General Elections Supervisory Board and the Honorary Council for General Election Organizers. This study seeks to initiate the structuring of the General Election Commission and the General Elections Supervisory Agency in supervising and handling disputes over the General Election process. This research is a legal research. This research uses a statutory approach, a conceptual approach, and a historical approach. The results of this study indicate that if it is made in stages, if the election participants do not accept the General Election Commission's attitude, then the election participants can appeal to the General Elections Supervisory Agency, and if there are parties who cannot accept the decision of the General Elections Supervisory Board, then the those who cannot accept it should file a lawsuit to the State Administrative High Court.
Pemidanaan Tindak Pidana Perikanan Berbasis Kerugian Ekonomi Nurul Hudi
Perspektif Hukum VOLUME 21 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v21i2.98

Abstract

Fisheries criminal law enforcement is part of criminal policy or criminal policyIn Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries. The type of punishment known is only the principal punishment, namely imprisonment and fines. This law does not use additional penalties.In punishing the perpetrators of fisheries crimes, it must be understood more deeply and the basis of the punishment must be known.One of the efforts to overcome crime is to use criminal law with criminal sanctions. However, this effort is still often questioned. Punishment is more oriented to the perpetrator while the losses from criminal acts are sometimes neglected. Criminal law policies in the field of fisheries, especially those related to punishment or criminal penalties, must also consider losses from the economic, social and sustainability aspects of fisheries.
Perlindungan Masyarakat Hukum Adat di Wilayah Pesisir Pasca Berlakunya UU Nomor 11 Tahun 2020 Tentang Cipta Kerja Mohammad Zamroni; Rachman Maulana Kafrawi
Perspektif Hukum VOLUME 21 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v21i2.99

Abstract

Indonesia as an archipelagic country consisting of large and small islands separated by the ocean with geographical conditions has a total area of ​​7,827,087 Km2 and is located in Equatorial emeralds have a wealth of abundant natural resources, especially in the sea ​​and coastal areas which cover of the territory of Indonesia (5.8 million Km2). Article 18 B paragraph (2) and Article 28 I paragraph (3) of the 1945 Constitution of the Republic of Indonesia as the constitutional basis for recognition and protection the rights of indigenous peoples in coastal areas and small islands. Resource wealth nature in the form of coastal areas and small islands controlled and managed by the state tothe greatest prosperity of the people. State recognition of the existence of the legal community customs related to natural resources are inconsistent. The formulation of the problem from this research is (1) The legal construction of the Job Creation Law on the protection of customary law communities in the territory coast. (2) Implications of the Job Creation Law on the protection of customary law communities in the region coast. The research method in this writing is normative juridical. In summary, the result of In this research, the desired law is a law that provides protection against community members including customary law communities in coastal areas and islands small island, then an impartial legal instrument in the recognition of existence Indigenous Law Communities, for example in the Job Creation Law, which has not been in favor of Protection of Indigenous Peoples in Coastal Areas and Small Islands.
Aspek Kriminologi Tindak Pidana Korupsi Dewi Setyowati Dewi Setyowati; Sisca Muji Rahayu
Perspektif Hukum VOLUME 21 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v21i2.104

Abstract

Corruption that is happening in Indonesia today, is already in a very serious position and is deeply rooted in every aspect of life. The development of corrupt practices from year to year is increasing, both in terms of quantity or amount of state financial losses as well as in terms of quality which are increasingly systematic, sophisticated and have expanded in scope in all aspects of society. Corruption is an act that can not only harm the state's finances but can also cause losses to the people's economy. This paper explores the criminological aspects of corruption. In the decision Number: 95/Pid.Sus-TPK/2019/PN. Sby stated that law enforcers from court institutions, namely the scope of the Registrar's Office, were involved in cases of criminal acts of abuse of authority which indicated a criminal act of corruption, namely bribery. The need for clear legal accountability for government officials in carrying out their duties and authorities is an essential requirement in an effort to realize law enforcement for criminal acts of corruption with legal certainty and justice.

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