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Nikmah Mentari
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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 6 Documents
 1 
Search results for , issue "VOLUME 23 ISSUE 1" : 6 Documents clear
Kewenangan Pemerintah Daerah untuk Melindungi Bidan yang Melaksanakan Program Keluarga Berencana Anggraeni Novitasari Ujianingtyas
Perspektif Hukum VOLUME 23 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v23i1.170

Abstract

Since midwife as front liner for family planning endure many risks, The Local Government must protect them from any chance of sue. This study is analyze midwife authority due to family planning programs, and analize Local Government authority to protect midwifes that servicing a family program. This is a juridical normative studiy with a statue approach, comparative approach and conceptual approach.  The result of the study shows that the Local Government must protect midwifes by assign an innovation regulation. The regional head regulation may consist engangement of religious leader to help promoting family planning service. Many guidelines and manuals must be made in order to protect obedient midwifes. And push KORPRI to make a Legal Consulting and Aid Institute. The making of family planning regulation must be honor the human rights.
Pelanggaran Indikasi Geografis ditinjau dari Aspek Perlindungan Konsumen Yoan Nursari Simanjuntak
Perspektif Hukum VOLUME 23 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v23i1.188

Abstract

It is very important for Indonesia to provide protection for potential Geographical Indications in order to maintain fair business competition; consumer protection; protection of Micro, Small and Medium Enterprises; and domestic industry. Geographical indications, which are communal intellectual property rights, become an economic potential for the region or community group that proposes them. The protection of Geographical Indications will not only provide welfare benefits for the rights owners but will also constitute acknowledgment of the rights of end consumers who utilize products with said Geographical Indication rights. The regulation regarding violations of the rights of Geographical Indications contains protection for consumer rights and the obligations of producers. The study was carried out through normative juridical methods through statutory and conceptual approaches using legal materials, both primary, secondary and tertiary. Henceforth, the analysis is carried out deductively.
Isu Utama dalam Non-Fungible Token (NFT): Bagaimana Pengalihan Hak Cipta Harus Beradaptasi? Alif Muhammad Gultom; Fitri Astari Asril
Perspektif Hukum VOLUME 23 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v23i1.197

Abstract

Non-fungible tokens, also known as NFTs, are a special kind of digital record of ownership that is utilized in a certain manner to guarantee validity and uniqueness of intangible goods. Due to its features, NFTs become interesting among art creators and even asset collector. Transactions on NFT create incredible values, which raises a number of legal issues, particularly in the realm of intellectual property rights related to copyright. This research aims to explains the connection between the existence of NFT and current copyright law in Indonesia focusing on the ownership and transfer of rights from the purchasing of NFTs. The author will try to compare on other jurisdictions (Ireland & Germany) concerning the copyright legal framework. Furthermore, the practice by licensing method in current NFTs marketplace will also be demonstrate through this paper. The research methodology employed is a normative juridical approach with an analytical and descriptive research design. Based on the research conducted, there is still a legal gap in Indonesian copyright law, particularly in the realm of NFTs and the idea of droit de suite, which has existed in intellectual property right concept globally. Finally, this paper will present several recommendations for the government and other relevant stakeholders upon NFTs transactions.
Restatement Kelalaian Dalam Malpraktik Medis Eko Pujiyono
Perspektif Hukum VOLUME 23 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v23i1.171

Abstract

Research on restatement of negligence in medical malpractice aims to address the issue of uncertainty over legal adjudication in determining the unlawful nature of medical negligence. This research is an effort  to create a clear explanation about the prominent concept of criminal law that are more fairly in the law enforcement of the criminal law code on negligence cases. In addition, this research is expected to create a new approach in the development of legal methods that is a system of assessments and legal discourse by universities, practitioners and other health law observers to get a real and fair result. This research  uses a normative approach and based on conceptual category, regulations, and court decisions. These three elements are reviewed together by considering universal legal principles. A verification  of unlawful nature in medical malpractice has different characteristics rather than the ordinary  crimes proof. The sui generis characteristic in health law has an impact on legal constructions toward negligence cases. A Proving negligence in Health Law requires a medico-legal approach. Legal adjudication of cases of negligence in medical practice in Indonesia requires adjustments to the legal doctrines that apply in the science of health law. This legal doctrine has applied as universal doctrin and be a part of studying to find unlawful aspect in criminal acts relating with the field of health care law.
Ekonomi Biru sebagai Upaya Pembangunan Berkelanjutan dan Pemenuhan Hak Asasi Manusia Dessy Maeyangsari
Perspektif Hukum VOLUME 23 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v23i1.172

Abstract

Blue Economy is a concept of the use of marine resources for the economic growth, the improvement of livelihood, along with the preservation of marine ecosystems. This article discusses the potential of the blue economy for sustainable development efforts that have been the focus of many countries since the 1972 Stockholm Environmental Conference. Basically, the use of marine resources has been regulated in the United Nations on the Law of the Sea 1982 and other international legal instruments. However, special management systems and regulations are needed at international and national levels to implement the components of Blue Economy activities that prioritize sustainable development and the preservation of the marine environment. In addition, another potential of the Blue Economy is its relation to the fulfilment of Human Rights in Indonesia, which will be reviewed normatively through national legislation and international law study.
Tinjauan Hukum Pembangunan Berkelanjutan Proyek IKN dalam Mempertahankan Keseimbangan Ekosistem Lingkungan Retno mulyaningrum
Perspektif Hukum VOLUME 23 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v23i1.201

Abstract

The process of building the National Capital of the Archipelago/Nusantara (IKN) in East Kalimantan is currently underway. Criticism was received from various groups before and after several state agendas were carried out. However, as a consideration, it is better to carry out periodic reviews from a legal, social and environmental perspective in order to get more attention in managing the environment of the new capital city. The theory of sustainable development and public policy theory becomes a balance when there are deviations and even environmental damage that can harm living things. The legal certainty that has been contained in several regulations such as the PPLH Law, the State Policy Law Regional Regulations of the Province of East Kalimantan which address the environment is used in analysis related to the development of the IKN aims to find out the balance and good steps to be taken going forward with the IKN development process.

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