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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 16 ISSUE 2" : 8 Documents clear
Kedudukan Hukum Persewaan Tanah Negara Iwan Permadi
Perspektif Hukum VOLUME 16 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i2.48

Abstract

This paper examines how the legal status of leasing the public land in deal with the State's Right of Controlling is and how the further regulating them in the implementation of regional autonomy is. The used method is a normative legal research with secondary data sources through primary legal materials, secondary and tertiary. The results show that leasing the land that the object is a public land constitutes an action against the law, because the state is in fact not the owner of the land. The state only has the right to control the public land and the only the owner has the right to lease the land. Therefore, there is a smuggling law in case of leasing the public land through enacting the regional regulations that contain the permit to use the public land, that the third parties can use public land but the third party must pay a sum of money.
Upaya Tuntutan Hak yang dapat Dilakukan oleh Pihak yang Berkepentingan terhadap Akta Notaris yang Cacat Yuridis Ghansham Anand; Agus Yudha Hernoko
Perspektif Hukum VOLUME 16 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i2.49

Abstract

The deed made by notary has the strength of perfect evidence, both in formal and material aspects. Therefore, a notary must be accountable for the accuracy of the deed formally and materially. If the deed is not made as determined by regulations, it will impact on juridical defect of the deed and on authenticity loss of it or on cancellation of it. If the comer faces a notary to formulate and write his/her action or actions into the authentic deed in accordance with the authority of the notary, and then the notary makes the deed in accordance with the comer request or desire, in this case it provide the basis that it has occurred an engagement between the comer and the notary. Therefore, in addition to the main task that the notary pours the desire or the will of the parties who require his/her services into authentic deeds, the notary also has the obligation to ensure the validity of the authenticity. Act No. 2 of 2014 and the provisions of Article 84 and 85 of Act No. 30 of 2004 on Notary governing provisions of witnesses, do not regulate the procedure of imposing sanctions on the notary, as cost replacement, compensation and interest. Similarly, the procedure of verification to cancel the notary deed or to state that the deed only has the strength of evidence as the deed under the hand.
Keagenan Bank dalam Perspektif Common Law System Andika Persada Putera
Perspektif Hukum VOLUME 16 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i2.50

Abstract

The rapid development of the national economy and banking external environment, causing banking activities not only engage in activities that are primary (core business), but also non-core business such as agency activities as Mutual Fund Sales Agent (APERD) and Bancassurance. In the concept of the common law system, the agency as the center of all business affairs as a business owner can not do your own business, so delegating affairs to agents as a mediator. There is a legal relationships and trust (fiduciary relationship) between the principal and the agent acting on behalf principal. In addition, there is an element of supervision of the principal to the agent so that the agent must comply under the supervision of the principal. Supervision is an essential element that determines the existence of an agency relationship, so it is a vertical relationship between principal and agent. The principal control components in the form of action directives, orders, limitation of power agents and monitoring the agent's action
Politik Hukum Pengaturan Unsur Pimpinan Partai Politik Kuswanto
Perspektif Hukum VOLUME 16 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i2.51

Abstract

Political party is a precondition for democracy. Political party should receive public trust to exist as the people’s representative. Indonesian politics today distrusts the political party. Because of commiting criminal offense such as corruption, many politicians are prosecuted. To respond this situasion, the dignity of the political party needs to be restored. This article recommends that requirements of political party leader should be regulated in legislation. Political party leader should have moral and ethics capability higher than its regular member. Furthermore, this article also recommends that the Law Number 2 of 2008 should be amended to accommodate this research finding.
Tinjauan Yuridis Peraturan Perundang-Undangan sebagai Ratifikasi Perjanjian Internasional Dewi Setyowati; Nurul Hudi; Levina Yustitianingtyas
Perspektif Hukum VOLUME 16 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i2.52

Abstract

This study aims to resolve problems that arise in connection with reconsideration of regulations ratification of the treaty. Can legislation on treaty ratification An overview held back, and how the legal consequences if there is a decision on the revocation of laws on ratification of the treaty in Indonesia. In order to solve these problems need to be supported by the research in the form of legal material. Research obtained through library research (library research) in libraries. From this legal research to achieve results that provide answers to existing problems, namely that the Constitutional Court only had authority to examine the material legislation and ratification of international agreements is not authorized to cancel the treaty. And the cancellation of a law the ratification of international treaties have no direct correlation to the bond Indonesia against international agreements canceled. Thus the State can withdraw from its attachment to an international agreement if the agreement is contrary to the destination country. If a treaty is not regulated the procedure of withdrawal, it can refer to the rules stated in the Vienna Convention of 1969.
Disparitas Penegakan Hukum di Indonesia (Analisis Kritis Kasus Nenek Minah dalam Perspektif Hukum Progresif) Murdoko
Perspektif Hukum VOLUME 16 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i2.53

Abstract

This paper examines the law enforcement in public domain. The court decisions on many cases often undergo disparities that deny the sense of justice. The disparities increasingly appear when the case comes to people who have political or economic power. However, when the case comes to the poor, who do not have power and so on, the law can be very sharp to enforce. In perspective of the progressive law, the case of Nenek Minah is ideally not relevant to prosecute at the court. In fact, that case shows that the working of the law in Indonesia is still based on the text rather than the context. The law enforcement is solely based on the written provisions (legalistic-positivistic) without paying attention to sociological dimension, so that the law enforcement is still far away from the purpose of law that is able to present the real justice.
Pola Perilaku Masyarakat terhadap Penggunaan Program Surabaya Single Window (SSW) sebagai Perizinan Online dalam Upaya Menekan Tindakan Korupsi, Kolusi, dan Nepotisme di Surabaya Agus Widiyarta; Catur Suratnoaji; Sumardjijati
Perspektif Hukum VOLUME 16 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i2.54

Abstract

Surabaya Single Window (SSW) is one of innovative program from the Government of Surabaya City as public service to issue license by online in actualizing the clean governance. The research results of the Investment Coordinator Body (Badan Koordinasi Penanaman Modal/ BKPM) Surabaya showed that 65% of Surabaya people still use manual license system and 35% of them use online system. Therefore, it is necessary to identify factors that motivate and hinder the behavior of Surabaya people to use SSW program as online license system. This research use descriptive method by sampling 300 respondents who are spread with cluster system by dividing respondents proportionally in 4 areas of Surabaya. The data are gained through questionnaire to people of Surabaya who have processed license in Surabaya city. The result of the study shows that the level of Surabaya people understanding towards SSW program as online license system is good enough. However, their behavior shows that majority of the the people using SSW is still little. The hindrance factors were: 1) the procedure of SSW program is rated as complicated and complex; 2) license process is not free procedure, it need some fee to make the process faster; 3) Surabaya people has high context culture which make them feel that they need to meet to every need.
Pembinaan Kesadaran Hukum bagi Anak dan Remaja Mustafa Bola; Muhammad Ashri; Zulkifli Aspan; Muh. Ilham Arisaputra; Romi Librayanto; Eka Merdekawati Djafar; Dian Utami Mas Bakar
Perspektif Hukum VOLUME 16 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i2.55

Abstract

The Act No. 23 of 2003 on Children Protection obligates the state and government to ensure children protection, maintenance, and welfare. A child who obtains criminal sentence has been protected by the government based on the Act No. 12 of 1995 on Children Immurement. The Act pays attention to their interests in order to not eliminate the child's future. The children criminal sanction is given as a process of building children awareness to understand the better future. A form of the government protection to children is legislation on children welfare, juvenile justice, human rights, children immurement, and children protection. The children and adolescents committing the criminal acts are very serious issues to immediately overcome by the concerned parties i.e. the parents, police, and teachers that have many direct contact with children and adolescents. The police are expected to take action against any perpetrators of crimes, including those committed by children and adolescents. Meanwhile, the parents and the teachers are expected to give serious guidance in order that they are able to be the pride of, not the ‘dregs of society’.

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