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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131 Documents
<![CDATA[Hubungan Hukum dan Pertanggungjawaban DSN dengan MUI dalam Operasional Lembaga Keuangan Syariah ]]>
<![CDATA[Arinta Rachmawati]]>;
<![CDATA[Ro’fah Setyowati]]>
<![CDATA[ Perspektif Hukum VOLUME 20 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v20i2.22
<![CDATA[The rapid development of Islamic economic institutions in Indonesia cannot be separated from DSN and MUI's participation in their operations. This research will specifically discuss the legal relationship and responsibility of DSN with MUI in the process of Islamic Financial Institutions in Indonesia. This research is a normative juridical study using secondary legal data in the form of primary legal materials and secondary legal materials on Islamic financial institutions. Based on the research results, it is known that the legal relationship between DSN and MUI in the operation of Islamic financial institutions, MUI which is the responsible institution for matters related to sharia, places the position of DSN as an extension of the MUI's arm which has a very strategic and central location in terms of the development of the Islamic economy in Indonesia. DSN is responsible for providing supervision and for establishing relationships with DPS and Islamic financial institutions.]]>
<![CDATA[Penormaan dan Pelaksanaan Kewajiban Ingkar Notaris ]]>
<![CDATA[Qonitah Annur Aziza]]>;
<![CDATA[Aprilia Trisanti]]>;
<![CDATA[Kiki Aristyanti]]>
<![CDATA[ Perspektif Hukum VOLUME 20 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v20i2.23
<![CDATA[The notary is obliged to keep all legal deeds outlined in the contents of the deed and all information given to the notary in making the deed. the appointment of a notary as a witness in a case causes the violation of this obligation to be violated a lot. Strong legal protection is needed from the Honorary Board of Notaries (MKN) so that investigators and prosecutors are not arbitrary. The formulation of the problem taken by the author is the normalization of notary liability based on UUJN. And the application of sanctions from the notary obligation in the community.The writing of this thesis uses a normative juridical research method, namely by reviewing the legal norms contained in legislation, legal theories and jurisprudence related to the issues discussed. This research approach uses a statute approach and a conceptual approach. The purpose of this study is to explain more deeply about the norms of denial obligations in the UUJN and their application in the community with the existence of permission from MKN. Based on the results of the study, the author obtained answers to existing problems, namely the notary has a broken obligation that must be obeyed and regulated in Article 4 paragraph (2) and Article 16 paragraph (1) letter f UUJN-P. This breach obligation has a limit set out in UUJN in Article 66 paragraph (1) concerning a notary appointed as a witness can talk about the deed with the approval of the permit from MKN. But it also needs to be known if the broken obligation is violated without permission, the notary may be subject to administrative sanctions in the form of termination of employment, civil sanctions in the form of compensation and criminal sanctions in the form of prison sentences.]]>
<![CDATA[Implikasi Pencegahan ke Luar Negeri bagi WNI yang Terlibat Persoalan Hukum berdasarkan Perspektif Hak Asasi Manusia ]]>
<![CDATA[Rachman Maulana Kafrawi]]>;
<![CDATA[Bambang Ariyanto]]>;
<![CDATA[Kamarudin]]>
<![CDATA[ Perspektif Hukum VOLUME 21 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v21i1.24
<![CDATA[The function and role of Indonesian immigration is to prevent, as a traffic controller people enter or leave the territory of the Republic of Indonesia in accordance with what is stated in the Law Law of the Republic of Indonesia Number 6 of 2011 concerning Immigration. This legal research focused on knowing the implications of prevention abroad for Indonesian citizens abroad based on a human rights perspective. The research method used is normative juridical. This research concludes that the regulations in Indonesia which regulate the prevention of Indonesian citizens abroad is in accordance with the values and norms contained in the in the state ideology, namely Pancasila and the state Constitution, namely the 1945 Constitution prevention carried out by immigration officers to people suspected of being involved in cases The law that will go outside the territory of the Indonesian state is in accordance with the applicable rules. Then related to prevention, it is also not a form of limiting human rights, because human rights are Indonesia is a human rights balance with its human obligations as a member of society. The use of human rights in Indonesia cannot be carried out without paying attention to human rights obligations, in other words, human rights cannot be used absolutely.]]>
<![CDATA[Ilegal Fishing sebagai Ancaman Kedaulatan Bangsa ]]>
<![CDATA[Amin Bendar]]>
<![CDATA[ Perspektif Hukum VOLUME 15 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v15i1.25
<![CDATA[Indonesia is the largest archipelagic state in the world where the sea area is larger than the mainland. The sea that seems to float island also contains marine wealth at its cranny like fish and other biota. A weak supervision toward the sea of Indonesia effects illegal fishing massively done by foriegn fishery corporations from neighbouring states, so that the illegal fishing makes budget state loss 300 trillion each year. More shockingly, the catched fish are brought to their country and then are exported to Indonesia at the cheap price, so threatens the price determained by local fishermen. An effort to stop the illegal fishing in Indonesia is that the government explicitly utilizes Act Number 45 Year 2009 about Fishery, Minister Regulation Number 2 Year 2015 about Tiger Trawl Usages, and other Acts, Government Regulation, and President Decision. Otherwise, based on the 1945 Constitution of Republic of Indonesia, the 1975 Djuanda's Declaration, UNCLOS III Year 1982 about archipelagic concept of Indonesia, and Exclusively Economic Zone, the Government legally punishes actors of the illegal fishing by burning and sanking their ships to assert sovereignty of Indonesia. The Government’s legal action doesn't break the law, because it is in accordance with the national and international law.]]>
<![CDATA[Penguasaan Tanah Pantai dan Wilayah Pesisir di Indonesia ]]>
<![CDATA[Muhammad Ilham Arisaputra]]>
<![CDATA[ Perspektif Hukum VOLUME 15 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v15i1.26
<![CDATA[The beach is the junction between the highest tide and the mainland, while the coastal area is the transition between terrestrial and marine ecosystems that is affected by changes in land and sea. The utilization of coastal areas and small islands in Indonesia is regulated in Act Number 27 of 2007 on the Management of Coastal Areas and Small Islands that is last amended into Act Number 1 of 2014, and is also based on Basic Act on Agrarian. Utilization of coastal waters is given in the form of rights to enterprise the coastal waters, namely the rights on certain parts of the coastal waters to enterprise marine resources and fisheries, as other business related to the utilization of coastal resources and the small islands covering sea level and water column over surface of the sea floor at a certain breadth limit. The coastal land in the coastal areas can essentially be owned by or be the right of a person or legal entity. Owning and authorizing the coastal land and utilizing the coastal areas should certainly pay attention to and be compatible with the spatial planning of regencies or cities.]]>
<![CDATA[Penegakan Hukum terhadap Pesawat Militer Asing yang Diterbangkan dari Kapal Induk saat Melintas Alur Laut Kepulauan Indonesia (ALKI) ]]>
<![CDATA[Ahmad Novam Hajaruman]]>
<![CDATA[ Perspektif Hukum VOLUME 15 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v15i1.27
<![CDATA[The Archipelagic Sea Lane Passage of Indonesia is a sea lane on Indonesian waters which can be bypassed by foreign ships and aircrafts continuously, expeditiously and rapidly based on United Nation Convention on the Law Of the Sea, 1982 which Indonesia has ratified through Act Number 17 of 1985. As archipelagic state, Indonesian government has stipulated Act Number 6 of 1996 dated August 8, 1996 on Indonesian Waters. It is executed by Government Regulation Number 37 of 2002 on the Rights and Duties of Foreign Ships and Aircrafts Exercising the Right to Cross the Archipelagic Sea Lane Passage of Indonesia. However, there are still many aircrafts, especially foreign military aircrafts that cross the Archipelagic Sea Lane Passage of Indonesia beyond the existing provisions. Based on the issue, how to regulate the foreign military aircrafts as a unit of aircraft carrier to cross the Archipelagic Sea Lane Passage of Indonesia, and how to punish the foreign military aircrafts passing out of the predetermined route of the Archipelagic Sea Lane Passage of Indonesia. This work is the result of normatively legal research with statute approach and using literature study. Based on the existing provisions above, it can be concluded that the foreign military aircraft flown from the aircraft carrier when they pass the Archipelagic Sea Lane Passage of Indonesia is permitted with condition to comply the existing provisions. If they break rules, they will be warned and can be forcely landed according to existing procedures.]]>
<![CDATA[Karakteristik Asas Kebebasan Berkontrak dalam Perjanjian Berbasis Syariah ]]>
<![CDATA[Muhammad Sjaiful]]>
<![CDATA[ Perspektif Hukum VOLUME 15 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v15i1.28
<![CDATA[Sharia-based contract is an agreement that is derived from the nomenclature of Islamic law. It is definitely designed as the agreement that shall refer to norms based on legal sources of Islam, i.e. the Qur'an and the Hadith of the Prophet Muhammad. This paper discusses the main issue as follows: the dynamics of developments and characteristic principle of freedom of contract in Sharia-Based Agreement". The research refers to the legal writing i.e. normatively legal research which the issue is conceptually approached. Through this approach, the author wants to explore and formulate the concept of freedom of contract principle in Sharia-based agreements, both in terms of its growth and characteristics. The result of the research shows that characteristics of the principle of freedom of contract in Sharia-Based Agreement contain the basic paradigm based on a philosophical view of divinity and apocalyptic. The meaning is that the principle of sharia-based agreement is not established on absolute freedom of contract, but on the freedom that does not violate Islamic values. Therefore, the principle of freedom of contract in the Sharia-based agreement functionates to ensure the engagement of the parties in obeying the agreement, because in the Islamic perspective, the freedom of contract as a form of agreement among parties to enter into a contract fundamentally becomes the principle for the parties to obey or comply the contract.]]>
<![CDATA[Tinjauan Yuridis Perjanjian Asuransi Laut bagi Penumpang Kapal Laut ]]>
<![CDATA[Sylviana Ayu Retno Ambarsari]]>
<![CDATA[ Perspektif Hukum VOLUME 15 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v15i1.29
<![CDATA[The ship as a means to transport passengers before sailing should legally have been stated in seaworthy condition that must fulfill safety requirements and shipping standards of the ship. The unseaworthy stipulated ship would have undergone ship wreck. Therefore, can the passengers’ ticket be evidence to claim assurance when ship wreck occurs. Furthermore, how accountability of ship owner for the occurred Dumai Express 10 ship wreck is. The research constitutes normatively legal research that uses statute approach. The result shows that the passengers’ ticket can be evidence to claim the assurance. When the ship wreck happens, the passenger has the right to obtain indemnity or compensation the transporters have to pay because of the transporters’ negligence as long as transporting the passengers. There are two reasons for paying indemnity, namely damaging the contract and acting the unlawful deeds. The indemnity for damaging the contract is stipulated from Article 1246 to Article 1252 of Book III of the Civil Code, while the indemnity for unlawful deeds is stipulated in Article 1365 of the Civil Code. Thus, the issue, Dumai Express 10 Ship undergoes, constitutes the compensation for damaging the contract.]]>
<![CDATA[Politik Legislasi Dewan Perwakilan Daerah Republik Indonesia Pasca Putusan Mahkamah Konstitusi Nomor 92/PUU-X/2012 ]]>
<![CDATA[King Faisal Sulaiman]]>
<![CDATA[ Perspektif Hukum VOLUME 15 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v15i1.30
<![CDATA[The Constitutional Court Decision, Number 92/PUU-X/2012 has opened a new legislation policy for the Senate of Indonesia. The impact of this decision can strengthen legislation competence to the Senate in inisiating the legal drafting, as attributed on Article 22D of the 1945 Constitution of Republic of Indonensia. The decision can be a landmark decision for struggling the strong bicameral system and presidential system after amendment of the 1945 Constitution. As the impact of the decision, the house of representatives must soon take legislative review especially to Act Number 27 of 2009 and Act Number 12 of 2011 to accommodate the legal substance of the decision (The Constitutional Court Decision, Number 92/PUU-X/2012).]]>
<![CDATA[Pengelolaan Keuangan di Desa Pesisir Berdasarkan Asas Partisipasi dalam Undang Nomor 6 Tahun 2014 Tentang Desa sebagai Upaya Akuntabilitas Publik di Kabupaten Gresik ]]>
<![CDATA[Chomariyah]]>
<![CDATA[ Perspektif Hukum VOLUME 15 ISSUE 1 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v15i1.31
<![CDATA[The financial management in the coastal villages based on the principle of public participation is regulated in Act Number 6 of 2014 on the Village. The regulating is intended that rural communities can participate and play the role and can directly involve in financial management, including the supervision on financial allocations. The selected coastal villages in Gresik are Pangkah Kulon village, Banyu Urip village and Campurejo village; the villages are in two sub-districts (kecamatan), Ujung Pangkah and Panceng. This research is an empirical research with the steps which refer to the principle of PAR (Participatory Action Research). The research advances show that the location of the research and the regulations have been identified; the informants have been determined; and the data on Village Fund Allocation and the model of village financial management of which each village makes have been collected. As a result of the research, the model of financial management in Pangkah Kulon village, Banyu Urip village and Campurejo village is not maximally in accordance with the steps that should be as in the regulations, particularly in the Regulation of the Minister of Home Affairs Number 113 of 2014 on Village Financial Management. The used format is not uniform.]]>
