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Sugih Ayu Pratitis
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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 73 Documents
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ANALISIS REGULASI PINJOL PADA SENGKETA KONSUMEN YANG BERBASIS KEADILAN Siagian, Asman; Rahmadany, Rahmadany; Istiawati, Sri
Jurnal Perspektif Hukum Vol. 5 No. 2 (2024): Desember 2024
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v5i2.1067

Abstract

This study analyzes online lending regulations (pinjol) in the context of justice-based consumer dispute resolution in Indonesia. The increasing number of consumer dispute cases in the financial technology (fintech) lending industry, especially online loans, shows a gap between existing regulations and their implementation in the field. Using a normative legal research method with a statutory and conceptual approach, this study aims to analyze the effectiveness of pinjol regulations in resolving consumer disputes and identify aspects that need to be strengthened to create a more equitable dispute resolution. Data were collected through literature studies and analysis of regulatory documentation related to pinjol and consumer protection. The results of the study indicate that existing pinjol regulations have not been fully able to provide optimal protection for consumers in resolving disputes. There are three main findings that are the main points that need to be highlighted: (1) there is still a lack of clarity regarding effective and efficient dispute resolution mechanisms, (2) weak supervision of unethical collection practices, and (3) lack of harmonization of regulations between relevant authorities in handling pinjol consumer disputes. This study recommends the need to strengthen regulations through: improving dispute resolution mechanisms, increasing supervision, and harmonization of regulations between relevant institutions. The theoretical implications of this study contribute to the development of a fintech regulatory concept that is more oriented towards consumer protection, while its practical implications provide input for policy makers in perfecting more equitable online loan regulations that favor the wider community.
EFEKTIVITAS PERJANJIAN BAGI HASIL TANAH GARAPAN DI WILAYAH PEDESAAN NTB: KAJIAN YURIDIS DAN SOSIOLOGIS Prayuda, Hilman
Jurnal Perspektif Hukum Vol. 6 No. 1 (2025): Juni 2025
Publisher : Universitas Harapan Medan

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Abstract

This study evaluates the practice of sharecropping agreements between tenant farmers and landowners in rural areas of West Nusa Tenggara (NTB), which are generally conducted orally based on longstanding traditions and local values. These agreements are often made informally without written documentation, relying primarily on trust and established social relationships between the parties. The main objective of this research is to assess the effectiveness and legal validity of oral sharecropping agreements within the framework of national civil law, while also considering the dynamics of customary law (adat) as it operates in local communities. Employing a juridical-empirical approach, this study examines relevant legal instruments, including the Indonesian Civil Code (KUHPerdata) and Law No. 2 of 1960 concerning Sharecropping Agreements, alongside field data obtained through interviews and direct observation in the villages of Puyung and Ketare (Central Lombok) and Suralaga (East Lombok). The findings indicate that oral sharecropping agreements are legally valid under Article 1320 of the Civil Code, provided they meet the essential elements of consent, legal capacity, a specific object, and a lawful cause. However, such agreements are significantly weak in terms of evidentiary value in dispute resolution and fail to provide sufficient legal protection for farmers, who are typically the more vulnerable party socially and economically. This imbalance creates inequality in the legal relationship between farmers and landowners. Therefore, the study recommends the implementation of simple formalization measures through local registration or village records, and the strengthening of customary legal institutions via village-based regulations, to ensure legal certainty and substantive justice for all parties involved in agrarian agreements.
PENEGAKAN HUKUM TERHADAP KEJAHATAN TRANSAKSI ELEKTRONIK DENGAN MENGGUNAKAN METODE PHISHING (Studi Putusan Nomor: 764/Pid.Sus/2022/PN Pbr) Hamd, Mujahid
Jurnal Perspektif Hukum Vol. 6 No. 1 (2025): Juni 2025
Publisher : Universitas Harapan Medan

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Abstract

Phishing is a rapidly evolving crime that threatens the security of electronic transactions in Indonesia. This act involves deceptive methods aimed at illegally obtaining personal and financial information, typically by exploiting fraudulent emails or websites. From a legal perspective, phishing has the potential to undermine public trust in digital systems. Its impact is not only felt by individual victims but can also affect social stability and the integrity of the legal system as a whole. This research aims to analyze law enforcement and the legal regulations governing phishing, including provisions in the KUHP and the Electronic Information and Transactions Law (UU ITE). By examining Case Decision Number 764/Pid.Sus/2022/PN Pbr, this study identifies various challenges faced by law enforcement in implementing existing regulations. The research employs a normative legal approach with descriptive analysis, aiming to identify issues and provide recommendations to enhance the effectiveness of law enforcement. The findings are expected to contribute new insights for improving the legal system in Indonesia and strengthening oversight mechanisms to prevent the recurrence of phishing incidents in the future.
PRINSIP RESTORATIVE JUSTICE PADA DIVERSI DALAM PENEGAKAN HUKUM PIDANA ANAK SEBAGAI PELAKU TINDAK PIDANA Anshorullah, Anshorullah
Jurnal Perspektif Hukum Vol. 6 No. 1 (2025): Juni 2025
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v6i1.1193

Abstract

The increase in cases of children in conflict with the law in Indonesia underscores the importance of a more humane approach to law enforcement. This study examines the implementation of the restorative justice principle in diversion practices for children as perpetrators of criminal acts, focusing on the case study of Medan District Court Decision Number 26/Pid.Sus-Anak/2019/PN Mdn. This research uses a normative juridical method with a case study approach to assess the extent to which the principle of diversion is applied to protect children's rights within the criminal justice system. The findings reveal that although Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) regulates diversion mechanisms, its implementation in the field still faces challenges, particularly regarding coordination among law enforcement officers and public understanding of children’s rights. The decision in this case successfully used diversion as a means of rehabilitation without stigmatizing the child, although there were limitations in resources and social support. This research is expected to encourage better understanding and consistent application of restorative justice principles in handling child cases in Indonesia.
TRANSFORMASI PARADIGMA HUKUM PERTANAHAN DI INDONESIA: DARI PENDEKATAN REPRESIF MENUJU PARTISIPATIF Rendy Renaldy
Jurnal Perspektif Hukum Vol. 6 No. 1 (2025): Juni 2025
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Abstract

The paradigm of land law in Indonesia faces significant challenges due to the dominance of a repressive approach in land management and control by the state. This approach often disregards community participation and the rights of indigenous peoples, leading to prolonged agrarian conflicts. This study aims to analyze the transformation of land law from a repressive approach to a more participatory and just legal framework. The research employs a normative juridical method combined with historical and sociological approaches, analyzing legislation, legal documents, and case studies of agrarian conflicts. The findings indicate that transforming land law requires structural and institutional changes, recognition of indigenous collective rights, and active community involvement in all stages of land policy. This paradigm shift is essential in developing a democratic, transparent, and community-oriented land law system.
KAPASITAS PENGADILAN TATA USAHA NEGARA DALAM MENGADILI SENGKETA PEMILIHAN UMUM Abdul, Samsul
Jurnal Perspektif Hukum Vol. 6 No. 2 (2025): Desember 2025
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Abstract

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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Abstract

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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Abstract

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
Publisher : Universitas Harapan Medan

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Abstract

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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Abstract

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.

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