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INDONESIA
Jurnal Perspektif Hukum
Published by Universitas Harapan Medan
ISSN : 27158888     EISSN : 27165027     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Perspektif Hukum has content in the form of the results of theoretical studies and studies that focus on various legal studies, including : Criminal law Civil Law Procedure Law Customary law Agrarian Law Administrative Law Constitutional Law Human Rights Law Islamic law
Arjuna Subject : Umum - Umum
Articles 7 Documents
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Search results for , issue "Vol. 6 No. 2 (2025): Desember 2025" : 7 Documents clear
KAPASITAS PENGADILAN TATA USAHA NEGARA DALAM MENGADILI SENGKETA PEMILIHAN UMUM Abdul, Samsul
Jurnal Perspektif Hukum Vol. 6 No. 2 (2025): Desember 2025
Publisher : Universitas Harapan Medan

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This study aims to analyze the position and role of the Administrative Court (Pengadilan Tata Usaha Negara/PTUN) in resolving electoral process disputes arising from administrative decisions issued by election management bodies, particularly the General Election Commission (Komisi Pemilihan Umum/KPU) and the Election Supervisory Body (Badan Pengawas Pemilu/Bawaslu). The main issue addressed concerns the extent of PTUN’s authority to review the legality of State Administrative Decisions in the electoral context in ensuring the protection of political rights of election participants and providing legal certainty throughout the electoral stages. This research employs a normative legal research method, using statutory and conceptual approaches, supported by an analysis of relevant court decisions and jurisprudence. The findings indicate that PTUN plays a strategic role in controlling the legality of administrative actions of election organizers in accordance with the principles of good governance, and significantly contributes to strengthening the legitimacy and credibility of democratic elections. Therefore, PTUN serves as an essential legal instrument in safeguarding legal certainty, maintaining the neutrality of election management bodies, and protecting the constitutional rights of citizens within the democratic process.
PUTUSAN MK NOMOR 135/PUU-XXII/2024 DALAM PERSPEKTIF RADBRUCH: TEGANGAN ANTARA KEADILAN DAN LEGALITAS Khanifah, Anidaul; Thaqwim, Shanita Nuraini
Jurnal Perspektif Hukum Vol. 6 No. 2 (2025): Desember 2025
Publisher : Universitas Harapan Medan

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The Constitutional Court Decision No. 135/PUU-XXII/2024 introduces a separation between national and regional elections, allowing for a 2–2.5 year gap. This decision opens up space for the extension of regional executive terms or the extension of the appointment of implementing officials without electoral legitimacy, thus creating a constitutional dilemma between formal legality and substantive justice within the Indonesian legal framework. This research uses a normative juridical method with descriptive-qualitative analysis. The analysis shows that this decision reflects a shift in the role of the Constitutional Court from a negative legislator to a positive legislator, raising concerns about constitutional violations and judicial inconsistencies. Furthermore, when examined using Gustav Radbruch's theory of legal objectives, namely justice, certainty, and benefit, that when viewed from a justice perspective, this decision can cause voter fatigue or voter fatigue which ultimately reduces the quality of political participation and the most problematic impact is extending the term of office of regional heads or the appointment of regional heads. So constitutionally it raises serious concerns regarding violations of Article 22E (1) of the 1945 Constitution which states that elections must be held in a Direct, General, Free, Secret, Honest, and Fair manner, within a period of 5 years. Furthermore, seen from the perspective of legal certainty, this decision opens up room for uncertainty because it requires major revisions to the Election Law and the Regional Election Law. Election organizers such as the KPU and Bawaslu must adjust systems, budgets, and technical regulations that do not yet have a clear operational basis. Then, if seen from the perspective of legal benefits, the separation between National Elections and Regional Elections has the potential to create a greater fiscal burden because the state must organize two electoral processes.
ANALISIS PENYALAHGUNAAN TROTOAR OLEH PEDAGANG KAKI LIMA DI KOTA BOGOR DALAM HUKUM TATA RUANG Al Miski, Yusran; Ramadhan, Muhamad Rizki; Juniar, Fajar; putri, gisca amalia; putra, Satria manggala; Permasari, Nur Lailla; Rizkia, Shalima Nayla; Akmal, Syauqi al gifari; Josadi, Ilyas Josadi; Purwanto, Muhammad Iqbal
Jurnal Perspektif Hukum Vol. 6 No. 2 (2025): Desember 2025
Publisher : Universitas Harapan Medan

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Sidewalk abuse in Bogor City has become a serious problem and interferes with the comfort and safety of pedestrians. This study examines the legal aspects regarding the use of sidewalks that deviate from their function, such as by street vendors, parked motor vehicles, and other activities that cause obstacles for pedestrians. With a normative approach and juridical study, this study examines related laws and regulations, law enforcement, and challenges in their implementation in the field. The results of the study show that there is still weak supervision and legal sanctions applied, so that the abuse of sidewalks continues. This study recommends increasing regulations, strict law enforcement, and public education to restore the function of sidewalks as safe and comfortable facilities for pedestrians in Bogor City.
TINJAUAN HUKUM PENEGAKAN HAK RESTITUSI TERHADAP KORBAN TINDAK PIDANA PENGANIAYAAN: Studi Kasus Nomor 1127/Pid.B/2023/PN Medan Bevindra, Aldo
Jurnal Perspektif Hukum Vol. 6 No. 2 (2025): Desember 2025
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This research aims to analyze the mechanism for enforcing the right to restitution for victims of assault crimes, the legal regulations governing such rights, and the legal considerations of the judge in Decision Number 1127/Pid.B/2023/PN Mdn. The study employs a normative juridical research method using statutory and case approaches, with data collected through library research involving primary, secondary, and tertiary legal materials.The results indicate that the mechanism for enforcing the right to restitution for victims of assault crimes has been comprehensively regulated under Supreme Court Regulation Number 1 of 2022 concerning the Procedures for Handling and Granting Restitution and Compensation to Crime Victims, and Law Number 31 of 2014 concerning the Protection of Witnesses and Victims. Restitution serves as a form of the offender’s responsibility to compensate for the material and immaterial losses suffered by the victim. In Decision Number 1127/Pid.B/2023/PN Mdn, the judge considered principles of restorative justice and proportionality in determining the amount of restitution to be paid by the defendant.The study concludes that the legal framework on restitution provides a sufficient basis for victim protection, yet its implementation still faces challenges, including limited understanding among law enforcement officers and the suboptimal role of the Witness and Victim Protection Agency (LPSK). Therefore, stronger institutional coordination and enhanced restitution mechanisms are required to ensure that victims’ rights are fulfilled effectively and fairly.Keywords: restitution, crime victims, assault, restorative justice, legal protection.
PERLINDUNGAN HUKUM BAGI INVESTOR TERHADAP KERENTANAN SISTEM PADA PERDAGANGAN SAHAM BERBASIS AI wildayanti, wildayanti; Rehulina, Rehulina
Jurnal Perspektif Hukum Vol. 6 No. 2 (2025): Desember 2025
Publisher : Universitas Harapan Medan

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Artificial Intelligence (AI)-based stock trading is a technological innovation that has transformed the way investors interact with the capital market. Algorithmic and machine learning-based systems enable automated decision-making with high speed and accuracy. However, this development also presents new challenges in the form of cybersecurity risks, algorithmic bias, and the potential for market manipulation that have not been fully addressed by legal regulations in Indonesia. This study aims to analyze the forms of legal protection for investors regarding the vulnerabilities of AI-based stock trading systems and to evaluate the effectiveness of regulations implemented by the Financial Services Authority (OJK) and the Indonesia Stock Exchange (IDX). This study uses a normative juridical method with a statutory and conceptual approach, through an analysis of the Capital Market Law, the Consumer Protection Law, and OJK Regulations concerning electronic systems in the financial sector. The results show that although a basic legal framework for investor protection is in place, protection mechanisms against risks stemming from AI technology failures remain unspecified. Therefore, regulatory updates based on risk governance and an AI accountability framework are needed to create legal certainty and secure digital trading systems in the future.
TANTANGAN PENEGAKAN HUKUM LINGKUNGAN INDONESIA TERHADAP PENCEMARAN LIMBAH INDUSTRI DALAM IMPLEMENTASI PRINSIP POLLUTER PAYS HUKUMasi Prinsip Polluter Pays Hukum Silitonga, Saritua; Lubis, Muhammad Dhobit Azhary
Jurnal Perspektif Hukum Vol. 6 No. 2 (2025): Desember 2025
Publisher : Universitas Harapan Medan

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Environmental law enforcement in Indonesia continues to face significant challenges in addressing criminal offenses related to industrial waste pollution. Although the Polluter Pays Principle has been formally incorporated into Indonesia’s environmental legal framework, its practical implementation remains inconsistent and often ineffective in ensuring environmental justice and deterrence. This study aims to examine the enforcement of environmental law in cases of industrial waste pollution by analyzing the extent to which the Polluter Pays Principle is applied within legal and policy discourses. Employing a qualitative approach, this research integrates normative–empirical legal analysis with critical discourse analysis of environmental regulations, court decisions, and policy documents. Data were collected through systematic legal document review and case-based analysis of industrial pollution incidents with criminal and administrative implications. The findings reveal a substantial gap between regulatory norms and enforcement practices, particularly in the allocation of environmental restoration costs to polluters. Moreover, the legal and policy language used in regulatory instruments and judicial reasoning tends to weaken the operational role of the Polluter Pays Principle as a mechanism of environmental accountability. This study underscores the urgency of strengthening environmental law enforcement through regulatory harmonization, consistent sanctioning mechanisms, and the reconstruction of legal discourse toward ecological justice and sustainable development. The results contribute both theoretically and practically to the advancement of environmental governance and law enforcement reform in Indonesia.
PERLINDUNGAN SUNGAI SEBAGAI RUANG EKOLOGIS PUBLIK DALAM PENEGAKAN TINDAK PIDANA LINGKUNGAN Muhammad Dhobit Azhary Lubis; Silitonga, Saritua
Jurnal Perspektif Hukum Vol. 6 No. 2 (2025): Desember 2025
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Rivers constitute public ecological spaces that play a strategic role in environmental sustainability and in fulfilling the public’s right to a good and healthy environment. However, in practice, rivers in Indonesia continue to face serious threats from pollution and environmental degradation caused by human activities that are not yet effectively addressed through environmental criminal law enforcement. This study aims to analyze the protection of rivers as public ecological spaces within the framework of environmental criminal law enforcement and to assess its contribution to the fulfillment of the right to a healthy environment. This research employs a normative legal research method using statutory, conceptual, and case-based approaches, particularly through the analysis of court decisions related to river pollution. The findings indicate that, normatively, environmental regulations provide an adequate legal foundation for river protection; nevertheless, their implementation remains constrained by challenges in evidence gathering, the application of corporate criminal liability, and inconsistencies in sentencing practices. The study further reveals that the integration of environmental criminal law enforcement with an ecological restorative approach has significant potential to strengthen river protection and promote ecological recovery. Therefore, this research emphasizes the importance of reinforcing environmental criminal law enforcement as a strategic instrument to safeguard rivers as public ecological spaces and to ensure the public’s right to a good and healthy environment.

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