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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 83 Documents
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TANTANGAN PENEGAKAN HUKUM LINGKUNGAN INDONESIA TERHADAP PENCEMARAN LIMBAH INDUSTRI DALAM IMPLEMENTASI PRINSIP POLLUTER PAYS HUKUMasi Prinsip Polluter Pays Hukum Saritua Silitonga; Muhammad Dhobit Azhary Lubis
Jurnal Perspektif Hukum Vol. 6 No. 2 (2025): Desember 2025
Publisher : Universitas Harapan Medan

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Abstract

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; Saritua Silitonga
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.
TINDAK PIDANA KORUPSI PENYALAHGUNAAN DANA RETRIBUSI SAMPAH DI PERCUT SEI TUAN Studi Putusan No: 94/Pid.Sus.TPK/2022/PN.Mdn Maghfirah Haitami
Jurnal Perspektif Hukum Vol. 6 No. 1 (2025): Juni 2025
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Corruption is a serious problem that hinders development and harms society. Misuse of waste retribution funds that should be used to improve the quality of waste management services is often allocated in a non-transparent and unaccountable manner, resulting in significant losses for society and the environment. Waste retribution, which should be used to improve the quality of waste management services, is often allocated in a non-transparent and unaccountable manner. This study examines corruption in Indonesia using a normative legal research method, which focuses on the analysis of legal norms governing the eradication of corruption. The implementation of the law often faces various challenges, including the lack of coordination between law enforcement agencies, complex bureaucracy, and the ongoing culture of impunity. This study concludes that the provisions for criminalizing corruption in Indonesia, as regulated in Law No. 31 of 1999, provide an important legal framework for eradicating corruption. The implementation of the corruption law faces various challenges, including the lack of synergy between law enforcement agencies and a complex bureaucracy. Analysis of the misuse of retribution funds shows that Corruption in the management of funds harms society and worsens the quality of public services. The effectiveness of criminalizing corruption requires reforms that include increasing the capacity of law enforcement agencies, strengthening oversight mechanisms, and public education regarding participation in preventing corruption.
DISPARITAS PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA JUDI ONLINE (Studi Putusan Nomor 2018/Pid.Sus/2024/PN.Mdn Dan Putusan Nomor 1907/Pid.Sus/2024/PN Mdn) Muhammad bahrul ilmi siregar; Andi putra Sitorus
Jurnal Perspektif Hukum Vol. 7 No. 1 (2026): Juni 2026
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Penelitian ini membahas disparitas putusan hakim terhadap perkara tindak pidana perjudian online berdasarkan studi terhadap dua putusan pengadilan yaitu putusan Nomor 2018/Pid.Sus/2024/PN.Mdn Dan Putusan Nomor 1907/Pid.Sus/2024/PN Mdn. Disparitas pidana adalah penerapan pidana yang tidak sama terhadap tindak pidana yang sama atau terhadap tindak-tindak pidana yang sifat bahayanya dapat diperbandingkan. Diantara dua putusan tersebut memiliki kesamaan yang relatif serupa antara modus operandi terdakwa, dakwaan dari jaksa penuntut umum. Penelitian ini menggunakan pendekatan yuridis normatif dengan Teknik pengumpulan data melalui studi kepustakaan. Hasil penelitian menunjukkan dakwaan yang digunakan jaksa penuntut umum dalam rata-rata kasus perjudian online ialah pasal 27 ayat (2) Undang-undang (UU) Nomor 1 Tahun 2024 tentang Informasi dan Transaksi Elektronik. Pasal 45 ayat (3) UU ITE, Pasal 303 Kitab Undang Undang Hukum Pidana, dan pasal 303 bis KUHP. Disparitas putusan perjudian online timbul akibat perbedaan interpretasi hukum oleh hakim, Kurangnya kepastian hukum dalam penerapan pasal-pasal mengenai perjudian berbasis online. Dan belum adanya pengaturan yang secara khusus mengatur mengenai perjudian online, sehingga menimbulkan inkonsistensi dalam praktik peradilan.
ANALISIS YURIDIS KEABSAHAN DAN EKSEKUSI HAK TANGGUNGAN DALAM JAMINAN KREDIT Bella Islamiah Mokodompit
Jurnal Perspektif Hukum Vol. 7 No. 1 (2026): Juni 2026
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This study aims to examine the regulatory dimensions of mortgage rights over land as credit collateral in Law Number 4 of 1996, and to analyze the legal consequences and executorial powers if the encumbrance and registration processes are not carried out in accordance with applicable provisions. As a material security institution, mortgage rights are designed to provide certainty and legal protection for creditors through constitutive mechanisms, namely the existence of a principal agreement, the creation of a Deed of Granting of Mortgage Rights (APHT), and registration at the Land Office. However, in practice, various problems are still found, such as procedural deviations, administrative defects, confiscation related to land objects, and obstacles in implementing execution when the debtor is in default, which has the potential to create a position for the creditor as a holder of preferential rights. This condition shows the urgency to normatively examine the effectiveness of the provisions in the UUHT as a regulatory instrument, as well as to enforce the laws that arise if formal requirements are not met. This study uses a normative legal method with a regulatory, conceptualization, and case approach, is descriptive-analytical, and relies on secondary data obtained through literature review and analyzed qualitatively with deductive reasoning and a prescriptive approach. The results of the study indicate that mortgage rights only have validity and executorial power if all formal requirements for encumbrance and registration are met; if not, then the right loses its constitutive nature, so that the creditor does not obtain preferential rights or executorial power and his position changes to that of a concurrent creditor who must go through a judicial process to obtain debt repayment, which ultimately causes legal protection to be less than optimal.
BENTUK PERLNDUNGAN HAK ATAS TANAH MASYARAKAT DARI POTESI LIKUEDAKSI DALAM PERENCANAAN TATA RUANG DAN WILAYAH Safwan Hangkiho
Jurnal Perspektif Hukum Vol. 7 No. 1 (2026): Juni 2026
Publisher : Universitas Harapan Medan

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Abstract

This study aims to examine the regulatory dimensions of mortgage rights over land as credit collateral in Law Number 4 of 1996, and to analyze the legal consequences and executorial powers if the encumbrance and registration processes are not carried out in accordance with applicable provisions. As a material security institution, mortgage rights are designed to provide certainty and legal protection for creditors through constitutive mechanisms, namely the existence of a principal agreement, the creation of a Deed of Granting of Mortgage Rights (APHT), and registration at the Land Office. However, in practice, various problems are still found, such as procedural deviations, administrative defects, confiscation related to land objects, and obstacles in implementing execution when the debtor is in default, which has the potential to create a position for the creditor as a holder of preferential rights. This condition shows the urgency to normatively examine the effectiveness of the provisions in the UUHT as a regulatory instrument, as well as to enforce the laws that arise if formal requirements are not met. This study uses a normative legal method with a regulatory, conceptualization, and case approach, is descriptive-analytical, and relies on secondary data obtained through literature review and analyzed qualitatively with deductive reasoning and a prescriptive approach. The results of the study indicate that mortgage rights only have validity and executorial power if all formal requirements for encumbrance and registration are met; if not, then the right loses its constitutive nature, so that the creditor does not obtain preferential rights or executorial power and his position changes to that of a concurrent creditor who must go through a judicial process to obtain debt repayment, which ultimately causes legal protection to be less than optimal.
KEKOSONGAN NORMA DALAM PENGENAAN SERVICE CHARGE DI INDUSTRI RESTORAN : ANALISIS YURIDIS TERHADAP PERLINDUNGAN KONSUMEN” Syarifudin Hamzah
Jurnal Perspektif Hukum Vol. 7 No. 1 (2026): Juni 2026
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The practice of imposing a service charge in the restaurant industry in Indonesia has become increasingly common; however, it lacks explicit legal regulation within the existing statutory framework. This study aims to analyze the legal framework governing service charges and examine the implications of normative gaps on consumer protection under Law Number 8 of 1999 on Consumer Protection. This research employs a normative juridical method using statutory, conceptual, and case approaches, supported by primary, secondary, and tertiary legal materials analyzed qualitatively. The findings indicate that a service charge does not constitute a legally binding levy such as tax, and its application should be based on consumer consent and the principles of transparency and good faith. In practice, however, service charges are often imposed unilaterally through standard clauses without explicit consumer agreement, potentially violating Articles 4, 7, 10, and 18 of the Consumer Protection Law. This normative gap weakens consumer protection, particularly regarding the right to information, fairness, and legal certainty, and creates opportunities for misleading and non-transparent business practices. Therefore, more comprehensive legal regulation is required to govern service charges in order to ensure a balance between business interests and consumer rights.
PERLINDUNGAN HUKUM TERHADAP MAHASISWA MAGANG MERDEMA BELAJAR KAMPUS MERDEKA DITINJAU DARI HUKUM KETENAGAKERJAAN Nassa Dwiyanti Mokodongan
Jurnal Perspektif Hukum Vol. 7 No. 1 (2026): Juni 2026
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The Independent Learning-Independent Campus (MBKM) program aims to connect higher education with the world of work, one of which is through internships. However, student interns often face problems, such as exploitation of working hours, lack of compensation, and the absence of social security protection. This study aims to analyze legal protection for MBKM student interns from a labor law perspective. Using a normative juridical approach, this study examines regulations such as Law Number 13 of 2003 concerning Manpower, Minister of Manpower Regulation Number 6 of 2020, and other related regulations. The results show that student interns have the right to legal protection, including guarantees of occupational safety, adequate compensation, and humane treatment. However, in practice, violations such as unpaid overtime and failure to register with the Social Security Agency (BPJS Ketenagakerjaan). Furthermore, the lack of clarity regarding the legal status of student interns exacerbates the situation, making them vulnerable to exploitation. The government has a constitutional responsibility to ensure this protection is in accordance with Articles 27 and 28 of the 1945 Constitution. This study recommends harmonization of the National Education System Law and the Manpower Law, as well as strengthening oversight mechanisms to protect the rights of student interns. Educating students about their rights is also crucial to prevent violations. With adequate protection, the MBKM program can operate in accordance with the principles of social justice and support the goal of producing competent, work-ready graduates.
ANALISIS IMPELEMNTASI KEADILAN RESTORATIF DI KEJAKSAAN NEGERI BOALEMO Muhammad Syarif Pomanto
Jurnal Perspektif Hukum Vol. 7 No. 1 (2026): Juni 2026
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This study aims to analyze the implementation of restorative justice at the Boalemo District Prosecutor’s Office and to identify factors affecting its effectiveness. The research employs an empirical legal approach, using data collected through interviews, observations, and document analysis, which are then examined qualitatively. The findings indicate that, normatively, restorative justice has a strong legal foundation and has been implemented in accordance with Prosecutor Regulation No. 15 of 2020. However, empirically, its implementation remains suboptimal, as reflected in the relatively low number of cases resolved through this approach despite an increase in criminal cases. The practice of restorative justice in Boalemo can be categorized as semi-restorative, where it adopts fundamental principles but remains largely administrative and has not fully achieved comprehensive recovery. Several multidimensional obstacles are identified, including ambiguous legal substance, limited capacity of law enforcement officers, inadequate facilities, low public awareness, and dualism in legal culture. Therefore, efforts such as improving prosecutors’ capacity, standardizing mediation procedures, enhancing infrastructure, and increasing public awareness are necessary to achieve a more effective, humane, and sustainable restorative justice system.
EFEKTIVITAS PROGRAM PERLINDUNGAN PEKERJA MIGRAN INDONESIA (P4MI) DALAM MENANGANI PRAKTIK EKSPLOITASI JARINGAN PENEMPATAN ILEGAL Mohamad Razif Panigoro; Lisnawaty W. badu; Waode Mustika
Jurnal Perspektif Hukum Vol. 7 No. 1 (2026): Juni 2026
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This study aims to analyze the effectiveness of the Indonesian Migrant Worker Protection Program (P4MI) in handling exploitation practices through illegal placement networks, with a case study at P4MI Gorontalo for the 2024–2025 period. The research method employs an empirical juridical approach with descriptive-analytical specifications. Data were collected through documentation studies and in-depth interviews, then analyzed qualitatively. The results show that P4MI Gorontalo is moderately effective in its preventive function, evidenced by successfully preventing 5 prospective migrant workers from going to Cambodia and repatriating 2 victims of human trafficking. However, its effectiveness is low in the repressive function because P4MI lacks law enforcement authority, resulting in no illegal network perpetrators being prosecuted. Inhibiting factors include limited personnel and infrastructure, low public legal literacy, and overlapping regulations. The conclusion is that P4MI has not been optimal in providing comprehensive legal protection. Regulatory harmonization, strengthening P4MI's authority, and enhancing bilateral cooperation with destination countries are required.

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