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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 8 Documents
 1 
Search results for , issue "VOLUME 15 ISSUE 2" : 8 Documents clear
Pembadanan Prinsip Kepemerintahan yang Baik (Good Governance) dalam Penerbitan Izin Usaha Pertambangan (IUP) (Studi Kasus di Sulawesi Tenggara) Oheo K. Haris
Perspektif Hukum VOLUME 15 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v15i2.32

Abstract

This work is aimed at exploring appropriate method in embodying and applying the principle of good governance in managing strategic resources, i.e in issuing mining license. Governing this mining actually has crucial matters in order to underpine a huge value as well as benefit toward the economic growth and sustainable development. This effort is importance to prevent maladministration, corruption, and the deterioration of environmental quality that may block the sustainable development. This maladministration in issuing mining license has created complexity and overlap administrative decisions, either at the vertical or horizontal. At the vertical level the tension, conflicted, and overlapped administrative decision could be seen between central and local government, whereas at horizontal level, conflicted decision could be seen at sectoral department. For that reason, this work offers an appropriate method in integrating and embodying the principle of good governance, such as transparency, carefulness, and proportionality in issuing mining license. The application of this method may create a holistic and integrated policy in managing and optimizing collective strategic resources for the greatest benefit for greatest number of people.
Tinjauan Yuridis Pembubaran Organisasi Kemasyarakatan Bambang Ariyanto
Perspektif Hukum VOLUME 15 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v15i2.33

Abstract

Law No. 8 of 1985 only recognizes two forms of legal entity for the social organizations i.e. associations and foundations; while pursuant to Law No. 17 of 2013 on Social Organizations, there are four legal entity forms of the social organizations, namely (1) social organizations with legal entity of associations, (2) social organizations with legal entity of foundations, (3) social organizations with legal entity of foreign foundations, and (4) social organizations that are not legal entity. Four forms of the legal entity have different procedures for establishing, requirements, validating. The legal issue is whether the differences of the legal entity will affect the procedures for dissolving the organizations. Through normative research it is found that dissolving the organizations pursuant to Law No. 17 of 2013 is held through the legal procedures. The organizations may be dissolved by a binding court decision. The procedures for dissolving the organizations are also not simple. The first punishment is given as a written warning for three times. If it is ignored, then the punishment could be a suspension of grants, temporary suspension of the activity. The temporary suspension is conducted for 6 months and shall be permitted by the Supreme Court. If a verdict has permanently been published, a status of the legal entity can be revoked. The revocation is held within 30 days.
Upaya Perubahan Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia Yelia Natasya Winstar; Devie Rachmat Ali Hasan R
Perspektif Hukum VOLUME 15 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v15i2.34

Abstract

The Fiduciary Act should provide legal protection of the parties and legal certainty, but on the other hand there are still some weaknesses of the Fiduciary Act. This paper analyzes the weaknesses of Act Number 42 Year 1999 on Fiduciary and the need for revising the Act. The type of research is a normative legal research or library which includes a study of the principles of law and the systematics of law. The research uses the statute approach and the conceptual approach. Based on the analysis it can be concludde that it requires to revise the Fiduciary Act. Legislators should produce the law not only ensuring the legal certainty but they also can provide the law presenting justice and prosperity for the people. Revision of the Fiduciary Act is expected to provide maximum protection to the people who use the fiduciary as a guarantee agency; so that the justice will be obtained by the people to create a conducive atmosphere in the economy to increase the prosperity for them.
Tinjauan Yuridis Partisipasi Masyarakat dalam Proses Pembentukan Undang-Undang Kamarudin
Perspektif Hukum VOLUME 15 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v15i2.35

Abstract

In the post New-Order era, legislative function given to Indonesian House of Representatives seems more obvious after an Act Number 12 of 2011 juncto Act Number 10 of 2004 on Regulations Making has covered that public has the right to participate in law-making processes. Enactive regulations open opportunity for public to participate in a statute-making processes. Nevertheless, the given opportunity of participation is procedurally still limited and not in full and meaningful participation level. Existing public participation only covers consultation, not a real participation. Public should be able to participate in decision-making processes. Meanwhile, public participation level is substantially still depended on Parliament Members’ spirit of publicness to accommodate public aspiration and to put it on as a norm of statute.
Praktik Akad Gadai dengan Jaminan Lahan /Sawah dan Gadai Emas di Kecamatan Mempura Kabupaten Siak Berdasarkan Hukum Islam Muhammad Azani
Perspektif Hukum VOLUME 15 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v15i2.36

Abstract

Lien contract undertaken by the community in the District Mempura Siak is pledge of land/fields. However, whether the lien contract is in reality a pledge as described in Islamic law. The researched issues are focused on the level of understanding of the community in the District Mempura Siak about the sharia lien contract; the practice of pledge land/fields that has been done by the community in the District Mempura Siak; and the practice of buying gold then pawned again when the gold price higher. Results of research show that 1) the level of understanding of the community in the District Mempura Siak about sharia pawning is very well with indications that most of the community involved in the activity of sharia pawn can understand as an alternative financing based on Islamic law; 2) lien contract practice that has been done by the community in the District Mempura Siak is not the Sharia lien contract based Islamic law. Practice is more accurately described as muzara'ah, which is a form of cooperation between landowners and land managers with profits shared according to the agreement. 3) The practice of buying gold then pawned again at the time of high gold prices does not constitute as a lien contract practice based on Islamic law, but more as buying and selling gold. This practice has been in the category of speculation on the price of gold, as gold prices are subject to change-change according to market gold in the international market.
Penyelesaian Yuridis Tentang Penyadapan sebagai Bagian dari Kegiatan Spionase yang Dikategorikan dalam Pelanggaran Kekebalan Diplomatik Dita Birahayu
Perspektif Hukum VOLUME 15 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v15i2.37

Abstract

In international relations conducted between states, countries sending delegates to negotiate with other countries in order to promote and safeguard their interests in addition to work towards the common good. Many disorders that can occur in the case of countries conduct cooperation with other countries and can not be separated from the conflict, one of which is the treatment or unpleasant activities of the recipient countries where diplomatic representation is placed. As one example of the violation of diplomatic immunity and privileges of officials is espionage case between Indonesia and Australia that occurred some time ago. This is the case, then the sending country may submit an objection to the recipient (receiving state) and the receiving country shall be fully responsible for it. This paper will discuss how the settlement of juridical acts of espionage to diplomatic officials as a violation of diplomatic immunity.
Pembiayaan Mudarabah di Pt. Bank Muamalat Indonesia Tbk. Cabang Pekanbaru Berdasarkan Hukum Islam Hasan Basri
Perspektif Hukum VOLUME 15 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v15i2.38

Abstract

The profit-sharing system has advantages with no causing the negative capital spread. The advantages of this system are the main reference for community of PT. Bank Muamalat Indonesia Tbk. (BMI) Branch Pekanbaru in developing the mudarabah financing. In the profit-sharing system, the ratio is determined at the time of making the contract based on the possibility of profit and loss. Data are collected by using interview to the informants in BMI. The collected data are analyzed in inductive method. The results show that the mudarabah financing in BMI Branch Pekanbaru does not fully apply the profit and loss sharing, but rather the revenue sharing. It means that the profit sharing is still based on the assumPT.ion of revenue. It can be illustrated that the bank can assume that someone can produce profits in a certain amount each month. This financing requires valuedly material and immaterial supports to anticipate moral hazard. The losses of mudarabah financing are fully borne by the owners of capital of BMI. Fund providers endure all the losses due to mudarabah. The losses of mudarabah financing are also charged to the customer due to customer negligence.
Implementasi Perlindungan Hak Anak Pengidap Penyakit HIV/AIDS Fransiska Kristina Siswanto
Perspektif Hukum VOLUME 15 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v15i2.39

Abstract

The assumption underlying this paper is that there are many challenges faced by those who try to fulfill the rights of chlidren, since what stipulated in the regulations are not separated with those implementation. Regulation and implementation are not closed and separated. Society and government are in strategic position in the implementation of fulfill children’s right especially for children living with HIV/AIDS. Protection and fulfillment of childrens’s right are not only the responsibilty of parents., the role of society and government are also needed.

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