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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 7 Documents
 1 
Search results for , issue "VOLUME 15 ISSUE 1" : 7 Documents clear
Ilegal Fishing sebagai Ancaman Kedaulatan Bangsa Amin Bendar
Perspektif Hukum VOLUME 15 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v15i1.25

Abstract

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.
Penguasaan Tanah Pantai dan Wilayah Pesisir di Indonesia Muhammad Ilham Arisaputra
Perspektif Hukum VOLUME 15 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v15i1.26

Abstract

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.
Penegakan Hukum terhadap Pesawat Militer Asing yang Diterbangkan dari Kapal Induk saat Melintas Alur Laut Kepulauan Indonesia (ALKI) Ahmad Novam Hajaruman
Perspektif Hukum VOLUME 15 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v15i1.27

Abstract

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.
Karakteristik Asas Kebebasan Berkontrak dalam Perjanjian Berbasis Syariah Muhammad Sjaiful
Perspektif Hukum VOLUME 15 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v15i1.28

Abstract

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.
Tinjauan Yuridis Perjanjian Asuransi Laut bagi Penumpang Kapal Laut Sylviana Ayu Retno Ambarsari
Perspektif Hukum VOLUME 15 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v15i1.29

Abstract

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.
Politik Legislasi Dewan Perwakilan Daerah Republik Indonesia Pasca Putusan Mahkamah Konstitusi Nomor 92/PUU-X/2012 King Faisal Sulaiman
Perspektif Hukum VOLUME 15 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v15i1.30

Abstract

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).
Pengelolaan Keuangan di Desa Pesisir Berdasarkan Asas Partisipasi dalam Undang Nomor 6 Tahun 2014 Tentang Desa sebagai Upaya Akuntabilitas Publik di Kabupaten Gresik Chomariyah
Perspektif Hukum VOLUME 15 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v15i1.31

Abstract

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.

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