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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 131 Documents
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Tinjauan Yuridis Peraturan Perundang-Undangan sebagai Ratifikasi Perjanjian Internasional Dewi Setyowati; Nurul Hudi; Levina Yustitianingtyas
Perspektif Hukum VOLUME 16 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i2.52

Abstract

This study aims to resolve problems that arise in connection with reconsideration of regulations ratification of the treaty. Can legislation on treaty ratification An overview held back, and how the legal consequences if there is a decision on the revocation of laws on ratification of the treaty in Indonesia. In order to solve these problems need to be supported by the research in the form of legal material. Research obtained through library research (library research) in libraries. From this legal research to achieve results that provide answers to existing problems, namely that the Constitutional Court only had authority to examine the material legislation and ratification of international agreements is not authorized to cancel the treaty. And the cancellation of a law the ratification of international treaties have no direct correlation to the bond Indonesia against international agreements canceled. Thus the State can withdraw from its attachment to an international agreement if the agreement is contrary to the destination country. If a treaty is not regulated the procedure of withdrawal, it can refer to the rules stated in the Vienna Convention of 1969.
Disparitas Penegakan Hukum di Indonesia (Analisis Kritis Kasus Nenek Minah dalam Perspektif Hukum Progresif) Murdoko
Perspektif Hukum VOLUME 16 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i2.53

Abstract

This paper examines the law enforcement in public domain. The court decisions on many cases often undergo disparities that deny the sense of justice. The disparities increasingly appear when the case comes to people who have political or economic power. However, when the case comes to the poor, who do not have power and so on, the law can be very sharp to enforce. In perspective of the progressive law, the case of Nenek Minah is ideally not relevant to prosecute at the court. In fact, that case shows that the working of the law in Indonesia is still based on the text rather than the context. The law enforcement is solely based on the written provisions (legalistic-positivistic) without paying attention to sociological dimension, so that the law enforcement is still far away from the purpose of law that is able to present the real justice.
Pola Perilaku Masyarakat terhadap Penggunaan Program Surabaya Single Window (SSW) sebagai Perizinan Online dalam Upaya Menekan Tindakan Korupsi, Kolusi, dan Nepotisme di Surabaya Agus Widiyarta; Catur Suratnoaji; Sumardjijati
Perspektif Hukum VOLUME 16 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i2.54

Abstract

Surabaya Single Window (SSW) is one of innovative program from the Government of Surabaya City as public service to issue license by online in actualizing the clean governance. The research results of the Investment Coordinator Body (Badan Koordinasi Penanaman Modal/ BKPM) Surabaya showed that 65% of Surabaya people still use manual license system and 35% of them use online system. Therefore, it is necessary to identify factors that motivate and hinder the behavior of Surabaya people to use SSW program as online license system. This research use descriptive method by sampling 300 respondents who are spread with cluster system by dividing respondents proportionally in 4 areas of Surabaya. The data are gained through questionnaire to people of Surabaya who have processed license in Surabaya city. The result of the study shows that the level of Surabaya people understanding towards SSW program as online license system is good enough. However, their behavior shows that majority of the the people using SSW is still little. The hindrance factors were: 1) the procedure of SSW program is rated as complicated and complex; 2) license process is not free procedure, it need some fee to make the process faster; 3) Surabaya people has high context culture which make them feel that they need to meet to every need.
Pembinaan Kesadaran Hukum bagi Anak dan Remaja Mustafa Bola; Muhammad Ashri; Zulkifli Aspan; Muh. Ilham Arisaputra; Romi Librayanto; Eka Merdekawati Djafar; Dian Utami Mas Bakar
Perspektif Hukum VOLUME 16 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i2.55

Abstract

The Act No. 23 of 2003 on Children Protection obligates the state and government to ensure children protection, maintenance, and welfare. A child who obtains criminal sentence has been protected by the government based on the Act No. 12 of 1995 on Children Immurement. The Act pays attention to their interests in order to not eliminate the child's future. The children criminal sanction is given as a process of building children awareness to understand the better future. A form of the government protection to children is legislation on children welfare, juvenile justice, human rights, children immurement, and children protection. The children and adolescents committing the criminal acts are very serious issues to immediately overcome by the concerned parties i.e. the parents, police, and teachers that have many direct contact with children and adolescents. The police are expected to take action against any perpetrators of crimes, including those committed by children and adolescents. Meanwhile, the parents and the teachers are expected to give serious guidance in order that they are able to be the pride of, not the ‘dregs of society’.
Asas Keadilan dan Ahli Waris Pengganti dalam Praktik Kewarisan Masyarakat berdasarkan Hukum Islam di Kecamatan Bantan Kabupaten Bengkalis Hasan Basri; Muhammad Azani
Perspektif Hukum VOLUME 17 ISSUE
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v17i1.56

Abstract

This article analyzes the inheritance practices carried out by the community in Bantan District, Bengkalis Regency Based on Islamic Law. The research method used is a sociological legal research that discusses the application of positive law regarding the practice of community inheritance in Bantan District, Bengkalis Regency. The results showed: a. The community in Bantan Subdistrict turned out to be wrong in understanding the principle of balanced justice which was considered to be contrary to the sense of justice for the heirs. They understand the principle of balanced justice must be in the same sense. Whereas the meaning of the principle is that each heir, both male and female, has the same rights in obtaining inheritance rights. Men get more rights which do not mean unfair, but in Islamic law it stipulates that men are responsible for the burden of the family; b. The community in Bantan District in understanding radd in Islamic law does not fully refer to the KHI which is a reference in determining the law. They divide radd based only on habits that can be shared with the heirs who want it or the mosque; c. The community in Bantan Subdistrict considers that the heirs who passed away first from the heir, cannot be replaced by the heir's child. Whereas based on Article 185 paragraph (1) the KHI position of the heir can be replaced by the offspring of both male and female.
Tinjauan Hukum Putusan Sela dalam Bentuk Schorsing pada Pengadilan Tata Usaha Negara Dezonda R Pattipawae; Heillen M. Y. Tita
Perspektif Hukum VOLUME 17 ISSUE
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v17i1.57

Abstract

The postponement of a State Administrative Decision which becomes the object of the dispute may be granted, since there is still a continuous factual action to be taken, namely the appointment of a definitive Regional Secretary, the inauguration or handover of the position of the dismissed Regional Secretary to the appointed Secretary of the Region whose contents as statements (declarations) of submission of all duties, powers and duties. Decree of the Governor of Maluku Number: 125.a Year 2014 dated May 20, 2014 concerning the Transfer of Civil Servants, on behalf of Kapressy Charles, SH. MSi, NIP: 19560911 198603 1 009 from Southwest Maluku District in Tiakur to the Government of Povinsi Maluku in Ambon, so Kapressy Charles, SH. Msi, felt his interest was damaged by the decision issued by the Governor of Maluku as the State Administration Officer. Therefore the concerned filed a lawsuit to the State Administrative Court of Ambon with Case No. 23/G/2014/PTUN.ABN, concerned requested to carry out the postponement of the transfer from the Government of the Southwest Maluku District to the Government of Maluku Province in due to the contradiction of the principles general good governance or prevailing laws and regulations.
Keabsahan Jual Beli atas Objek Jaminan Hak Tanggungan oleh Bank yang dilakukan Tanpa melalui Mekanisme Lelang Anjel Ria Meiliva Kanter; Moch Bakri; Imam Koeswahyono
Perspektif Hukum VOLUME 17 ISSUE
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v17i1.58

Abstract

The Sale and Purchase of the mortgage lending object is intended to pay off the loan from the debtor. Based on the background, then as for the formulation of the problem of writing is a. How does the validity of the sale and purchase of the object of guarantee of mortgage rights by the bank conducted without through the auction mechanism? b. What are the legal consequences for the sale and purchase of the mortgage guarantee object by the bank which is conducted without the auction mechanism? The research method used is normative juridical research with approach approaches statute approach, conceptual approach, case approach (Case Approach). The result of this research is the Sale and Purchase of the object of mortgage guarantee which is done under the hand and without the debtor's consent is a unlawful act where the sale and purchase of the mortgage security object is contrary to the provisions set forth in Article 6 and Article 20 of Law no. 4 Year 1996 Concerning the Rights of Consumers therefore the sale and purchase of a guarantee maternity guarantee is null and void or it is deemed that there has never been any sale. Furthermore, the Sale and Purchase of the underwriting object under the hand is contrary to Article 20 paragraph 1 (one), paragraph 2 (two), and paragraph 3 (three) of Law no. 4 of 1996 Concerning the Deposit Rights shall have legal consequences for the Creditor as the seller and PPAT as the Officer making the Sale and Purchase Certificate as well as for the Buyer who has good trade
Kajian Yuridis Pengesampingan Pasal 1266 dan Pasal 1267 Kitab Undang -Undang Hukum Perdata sebagai Syarat Batal dalam Perjanjian Kredit Perbankan Rocky Marciano Ambar; Budi Santoso; Hanif Nur Widhiyanti
Perspektif Hukum VOLUME 17 ISSUE
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v17i1.59

Abstract

Banks in credit agreements use more standard agreements, standard contracts in 2 (two) things, (1) There is an unbalanced position between banks and debtors, banks that have a more dominant position and debtors. (2) There is an understanding of the principle of freedom of contracting and without limits. The Bank has the freedom to seek the form and content of the agreement. Code of Ethics in agreement. The provisions of the Civil Code provide types of compensation for parties. Based on the background, then for problems the problem is written (1). Does the inclusion of Article 1266 and Article 1267 of the Civil Code on the banking system have collected the principles of balance and justice. (2) What are the legal implications of the exclusion clause. The research method is normative juridical research. The result of this research is the neglect of civil law and the principle of compensation is the principle of balance. The basic principle according to Rawls is that it is unfair or more people. in the sense of "freedom of results", in other words. is the nature of the debtor in a bank credit agreement. For the legal implications of the clause that excludes Article 1266 and Article 1267 of the Civil Code concerning the right of the debtor to the debtor. Legal efforts in finding and resolving problems that cannot be made by a decision due to the imbalance of the parties in the agreement. For people who make changes, no party will be harmed.
Solusi Hukum Mengatasi Masalah Menumpuknya Perkara di Tingkat Kasasi Mahkamah Agung RI (Usulan Perubahan Kelima UUD RI Tahun 1945) Lufsiana
Perspektif Hukum VOLUME 17 ISSUE
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v17i1.60

Abstract

The accumulation of cases at the Cassation level of the Supreme Court of the Republic of Indonesia has not been resolved, even though there are internal rules that determine the deadline for case settlement for 250 days and the distribution of rooms in the environment of the Supreme Court of the Republic of Indonesia. violating the legal principle of the administration of simple, fast and low-cost justice has even opened the door of corruption, because justice seekers will try to accelerate to get a verdict on the case. This paper provides a legal solution to the problem, namely by forming a representative of the Supreme Court of Indonesia in every province in Indonesia and empowering the nation's children to become Supreme Court Justices (opening employment opportunities that are wide enough for legal professionals) by using the legislation approach.
Norma sebagai Sarana Menilai Bekerjanya Hukum dalam Masyarakat Budi Pramono
Perspektif Hukum VOLUME 17 ISSUE
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v17i1.61

Abstract

In this life people need to socialize and have some interaction, and for controlling the interaction they need norm, such as religion norm, obscenity, decency and law norm. Norm can be used to become a tool for evaluating how the law works in community, like the law making processes, the law implementing processes and the role occupant.

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