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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 18 ISSUE 1" : 8 Documents clear
Aspek Hukum Pencabutan Hak Asuh Anak dalam Tindak Pidana Penelantaran Anak Cyntia Yudha Kristanti; Nurul Hudi
Perspektif Hukum VOLUME 18 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v18i1.132

Abstract

This thesis titled "Legal Aspects Of Lifting Of Foster Child Rights In Crime neglect of children". This thesis aims to better understand that any actions of parents who abandon their children dangerous for his son's life in the future. There are several factors that make it more and make children dikhawatiran. Because it will have an impact on the psychology of the child. Therefore Indonesia is still lacking in terms of supervision of child neglect. Most of the problems came from the parents of each family. There are families that are the cause of the onset of delinquency, can be a family that is not normal, state the number of family members who are less profitable.
Implementasi Penegakan Hukum Tindak Pidana Ringan (Suatu Diskursus Tindak Pidana Miras Di Polres Jombang) Muhammad Naufal Arifiyanto; Eko Januar Pribadi
Perspektif Hukum VOLUME 18 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v18i1.133

Abstract

This study aims to (1) understand, identify and analyze the criminal acts of the law enforcement process liquor in the year 2014 to 2015 in Jombang Police. (2) to understand, identify and analyze the implementation of the law of criminal offenses liquor. (3) to understand, identify and analyze causal criminal offense liquor. This type of research is descriptive research with a qualitative approach seeks to describe or provide an overview of the phenomenon and the events that occurred. The location of this research at the police station and Jombang Jombang.Data collection techniques in this research is observation, interview, and documentation. This data is analyzed by using the method of collection, reduction and verification and presented in the form of descriptive analysis. The conclusion in this study (1) The Regional Regulation No. 16 of 2009 on the supervision and control of liquor in Jombang has been efficient and effective as existing laws regulate the circulation of liquor. (2) Local legislation is able to address the problemsarising from the crime of drinking. With sanctions that still apply 10% (ten percent) of the maximum sanction, it is expected to be free liquor can be added as a reference Jombang zero in offenses liquor.
Implikasi Yuridis Perubahan Nama Laut Natuna Utara terhadap Zona Ekomoni Eksklusif Indonesia (ZEEI) Ditinjau dari Hukum Internasional Rizky Hidayatullah; Chomariyah; Dita Birahayu
Perspektif Hukum VOLUME 18 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v18i1.134

Abstract

Indonesia changes the name of the sea in its Exclusive Economic Zone, which initially changed the name of the South China Sea to North Natuna Sea. The change in the name of the North Natuna Sea in Indonesia was protested by the Chinese government, given the abundant natural resources that made other countries especially China want to seize this region. Not only that, the North Natuna Sea is also one of the legal conflicts. The Indonesian government must increase awareness in terms of security and national defense in protecting sovereignty, especially in the North Natuna Sea. This study uses a normative juridical method and uses a legislative approach, a case approach, and a conceptual approach in this case literature study of library materials so that it can be called library legal research. The impact of the change in the name of the North Natuna Sea internally, the change in the map of Indonesia in the North Natuna Sea because this change can be implemented without external parties. External impact, Indonesia received recognition from other countries that the name of the Indonesian sea has changed its name. And efforts made by Indonesia to secure the stability of the North Natuna Sea.
Penegakan Hukum Pidana di Bidang Perikanan (Berdasarkan Undang-Undang Nomor 45 Tahun 2009 Tentang Perubahan Atas Undang-Undang Nomor 31 Tahun 2004 Tentang Perikanan) Jeanne Darc Noviayanti Manik
Perspektif Hukum VOLUME 18 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v18i1.135

Abstract

The government must play a role in protecting the development of the fisheries natural resource industry, so that Indonesian fishermen must have the potential for independence in the management of the fishing industry. The wealth of Indonesia's natural resources, especially in the field of fisheries, allows the emergence of various crimes in the territory of Indonesia, for example illegal fishing, foreign fishermen enter Indonesian territory without legal documents and so on. This research is a legal research. The research was conducted to find the principle of law, which regulates binding legal norms in general and formed or stipulated by authorized institutions or officials through the procedures stipulated in the legislation, especially those relating to the norms governing criminal law policy in the field of fisheries in sovereignty country. Criminal arrangements generally provide therapy as well as a deterrent effect on the perpetrators of crime, including the perpetrators of fisheries. With the existence of criminal threats that have been stipulated by the provisions of the law, it is expected to reduce or reduce the perpetrators of fisheries criminal offenses.
Pembentukan Hukum dan Perlakuan Khusus Wilayah Provinsi Kepulauan dalam Sistem Pemerintahan Daerah di Indonesia Zainuri
Perspektif Hukum VOLUME 18 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v18i1.136

Abstract

In the era of regional autonomy for regional governments to build the island province region based on: (a) There are as many as 60% of the population or as many as 140 million Indonesians live in coastal areas. Where 22% of them live in coastal and remote islands that have been less touched by development, (b), the development policy approach in Indonesia has been carried out with a land-oriented regional development approach whereas Indonesia is an archipelago therefore a different approach is needed for development in the island province, (c), Difficulties in Regional Control Patterns. In the Province, land-based communication is much easier to do, while communication is far more difficult to do in the island province, (d), the difficulty of the local government in empowering small islands in the island province especially those in the border region, (e), still Isolation of the archipelago community that has not been touched by development. In this paper the author uses a normative juridical approach with legal issues in this paper is the formation of law and special treatment of the island province in the system of regional government. Special arrangements and treatment of the Islands Province, because in Law No. 23 of 2014 concerning Regional Governments has not specifically regulated the island Province.
Kajian Socio Legal Pengaturan Partisipasi Publik dalam Penyusunan Rancangan Peraturan Daerah Saru Arifin
Perspektif Hukum VOLUME 18 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v18i1.138

Abstract

Community participation is one of the important pillars in good governance. In the context of the formation of participatory local regulations. This study aims to analyze how the pattern of community participation, what forms of community participation and who are the actors of community participation in the process of forming local regulations. This type of research is socio-legal using primary and secondary data. The results of this study indicate that the pattern of community participation in the formation of regional regulations is carried out through interactive participation methods both through mass media, seminars and work visits to constituents during recess. The forms of community participation carried out in the formation of local regulations are public hearings, musrenbang and consultations. While the participation actors involved in the formation of regional regulations are constituents, SKPD, academics and the general public. The obstacles found in the process of community participation are the lack of understanding of the actors of participation in the substance of the draft regional regulations discussed so that they are less effective, and the limited actors of participation in the constituents.
Penjatuhan Hukuman Disiplin terhadap Pegawai Negeri Sipil yang Divonis Pidana di Kabupaten Kepulauan Mentawai Sari Dewi
Perspektif Hukum VOLUME 18 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v18i1.139

Abstract

Civil servants are required to be obedient and obedient to the applicable invitation rules. Without prejudice to the provisions in the written-invitation rules, a civil servant who is convicted of a criminal sentence and must process employment regulations. There were 12 civil servants in Mentawai Islands District who were sentenced to different cases, but not all were disciplined. The imposition of disciplinary punishment on civil servants convicted was carried out by the Regent of Mentawai Islands based on recommendations from MPP. Of the 12 civil servants who were convicted, only 5 civil servants were sentenced to discipline.The legal consequences of the status of civil servants who are not sentenced are still active and receiving a full salary. This condition led to the payment of salaries of civil servants who were convicted not in accordance with the provisions. For officials related to Prince PNS, there are no further provisions that are not related to education policy, so as to enable the Mentawai Islands District government to make regional regulations and adjust MPP institutions and improve competencies, there must be a process needed so that every civil servant convicted certainty of employment status.
Aspek Legalitas dalam Perlindungan Hukum Paten di Indonesia Suwardi
Perspektif Hukum VOLUME 18 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v18i1.140

Abstract

The important role in the simple patent of technology-based development is absolutely necessary to support the success of economic sector development. The functions and roles of such patents are important in supporting technological development in supporting the success in the field of technology. It is necessary to have a legal field that regulates legal protection if an invention in the field of technology is misused by another person who is not entitled to use it. The legal instruments are in the form of a patent law contained in Law Number 6 Year 1998 as amended and refined by Law Number 13 of 1997. The number of patent applications originating from within the country is 229 pieces or 1.82 percent of all patent applications. While the number of simple patent requests originating from within the country is 153 pieces or 41.02 percent of all simple patent requests. Looking at the numbers above, in the period of approximately five years since the entry into force of the UUP, it turns out that this patent registration request is still widely used by technology inventors (inventory originating from abroad (WNA), while those from within the country (Indonesian citizens) ) fewer numbers both in the field of patents and simple patents.

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